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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 23, 1998
TAPE #98-06
The Board of County Commissioners of Weld County, Colorado, met in
regular session in full conformity with the laws of the State of Colorado at the
regular place of meeting in the Weld County Centennial Center, Greeley,
Colorado, February 23, 1998, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T, Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of
County Commissioners meeting of February 18, 1998, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on February 18, 1998, as follows: 1) Public Hearing Concerning
the Issuance of Bonds by Weld County, Colorado to Finance a Project for the
Evangelical Lutheran Good Samaritan Society and Lutheran Brotherhood
Heritage Properties Foundation; and 2) A Site Specific Development Plan
and Special Review Permit#1177, Daryl Hafele. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: The following was added under New Business: 8) Ratify Stipulated Motion
for Dismissal with Prejudice of Claims of Loren Bley, dba Bley Associates,
Architects, Against the Board of County Commissioners Weld County,
Colorado; and The Villa at Greeley, Inc.
980313
BC0016
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
PUBLIC INPUT: Bob Davidson, representative for Family Extension, Inc., requested the
Board consider setting aside space in the Centennial Center, free of charge,
for the agency to use for the training of foster and adoptive parents. Mr.
Davidson also requested a meeting to discuss further details following the
meeting. Chair Harbert clarified that evening use of the space does cost the
County money and indicated use of the space free of charge is very unlikely.
Mr. Davidson stated the Department of Social Services has begun to work
with non-profit organizations and requested the Board consider his request
and respond.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the
following warrants for approval by the Board:
All Funds $477,446.67
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN -WESTERN SUGAR COMPANY: Warren
Lasell, County Assessor, explained due to a system error, the assessed
value for 1997 was incorrect and recommended approval of the petition.
Commissioner Webster moved to approve said petition and authorize the
Chair to sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE
AND AUTHORIZE CHAIR TO SIGN - HEREFORD BAR AND GRILL, INC.,
DBA HEREFORD BAR AND GRILL: Bruce Barker, County Attorney, stated
Deputy Richardson has reviewed said application and expressed no
concerns. Commissioner Webster moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF PROPERTY
AND AUTHORIZE CHAIR TO SIGN -ALLELY: Drew Scheltinga, County
Engineer, stated this agreement is for the purchase of right-of-way to extend
the west end of Campo Road approximately 800 feet in a south westerly
direction to Weld County Road 378. Mr. Scheltinga recommended approval
of said agreement for 3.78 acres, as well as dedication as public right-of-way.
Commissioner Kirkmeyer moved to approve said agreement and acceptance
and authorize the Chair to sign. Seconded by Commissioner Webster, the
motion carried unanimously.
Minutes, February 23, 1998 980313
Page 2 BC0016
CONSIDER AGREEMENT FOR PROFESSIONAL TRAFFIC CONSULTING
SERVICES AND AUTHORIZE CHAIR TO SIGN - FELSBURG, HOLT, AND
ULLEVIG: Mr. Scheltinga explained the purpose of this agreement is to allow
for a professional traffic consultant review of large subdivision applications.
Each project will have a proposed, not to exceed price, billed at an hourly
rate, and will be approved by the Board individually. Commissioner
Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER AGREEMENT TO HOUSE AMBULANCE OR AMBULANCE
EQUIPMENT, OR BOTH AND AUTHORIZE THE CHAIR TO SIGN -
JOHNSTOWN FIRE PROTECTION DISTRICT: Gary McCabe, Director of
Ambulance Services, stated paragraphs #5 and #6 of this agreement are
similar to those already agreed to with the Town of LaSalle. Commissioner
Baxter moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER AGREEMENT TO HOUSE AMBULANCE OR AMBULANCE
EQUIPMENT, OR BOTH AND AUTHORIZE THE CHAIR TO SIGN - FORT
LUPTON FIRE PROTECTION DISTRICT: Commissioner Hall moved to
approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER APPOINTING PROXY FOR THE RURAL DITCH COMPANY
ANNUAL MEETING AND AUTHORIZE CHAIR TO SIGN: Commissioner
Kirkmeyer moved to appoint Dave Becker, Public Works Operations
Manager, as delegate for the Rural Ditch Company's 1998 Annual Meeting
and authorize the Chair to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER RATIFY STIPULATED MOTION FOR DISMISSAL WITH
PREJUDICE OF CLAIMS OF LOREN BLEY, DBA BLEY ASSOCIATES,
ARCHITECTS, AGAINST THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO; AND THE VILLA AT GREELEY, INC.: Lee
Morrison, Assistant County Attorney, explained this agreement will bring the
case regarding The Villa to a close. Mr. Morrison explained the architect
claimed he was owed money by the Villa, and had the court found the
County liable, the County would have been required to reimburse the full
amount. Mr. Morrison stated the final agreement requires a contribution by
The Villa and a release of all parties identified by Mr. Bley. He added all
releases and necessary documents have been received. Commissioner
Webster moved to ratify said stipulation. Seconded by Commissioner
Baxter, the motion carried unanimously. Commissioner Kirkmeyer
commended staff on a job well done; without their work the county would
have been responsible for reimbursing one quarter of a million dollars.
Minutes, February 23, 1998 980313
Page 3 BC0016
PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD
MAINTENANCE) AND ACCEPT COLLATERAL - FLATIRON
STRUCTURES COMPANY LLC, e/o QUINLAN CONSTRUCTION, INC.:
Gloria Dunn, Department of Planning Services representative, gave a brief
description of the location for the improvements and stated the original PUD
was approved in May of 1997 for four commercial lots on a six-acre site. Ms.
Dunn stated the PUD plat and covenants are now ready to record; and, the
applicant has submitted a subdivision improvements agreement for private
road maintenance with a bond for collateral in the amount of$29,008. The
improvements listed in the agreement include: street construction,
landscaping, and extension of the sewer service and drainage from the site.
Ms. Dunn stated the Public Works Department and County Attorney's Office,
as well as Planning staff, have reviewed the agreement and recommend
approval. In response to Commissioner Kirkmeyer, Ms. Dunn stated the
dates for completion will be listed on the first issuance of the building permit.
Commissioner Hall moved to approve said agreement and accept collateral,
in the amount of$29,008. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER PROBABLE CAUSE HEARING FOR USR #650 - KUGLER:
Sharyn Frazer, Department of Planning Services representative, submitted
additional comments and information regarding this case and stated the
applicant has requested revocation of the USR. Ms. Frazer stated there are
dogs still on the property, as well as a tenant; and the original violation
involved a non-commercial junkyard, a mobile home located on the property
without a permit, and tractor trailers with no license plates. Currently the
junkyard screening and trailer tags have been addressed; however, the
mobile home is still in violation and dogs are still on the property. Ms. Frazer
requested a continuance to the end of April. In response to Commissioner
Kirkmeyer, Ms. Frazer stated if the USR is revoked at this time, the applicant
will have even more violations, and noted the applicant has cooperated with
the Planning Department. In response to Commissioner Baxter, Ms. Frazer
explained the applicant does not wish to run a dog kennel; however, he
needs more time to get the animals removed. The original USR required a
revegetation plan; if the USR is revoked this plan will no longer be required.
Bruce Barker, County Attorney indicated a date can be set for a Show Cause
hearing, and if the applicant submits a letter requesting the USR be revoked,
it can be done at the time of the hearing.
Joel Kugler, applicant, stated the dogs are not his; and, the owner is having
difficulty finding a new place to house them; however, he claims they will be
removed within two months. Mr. Kugler stated he was unaware of the
existing USR when he purchased the property in 1984. In response to
Commissioner Kirkmeyer, Mr. Kugler stated he is requesting until the end of
April to bring the property into compliance and have the USR revoked.
Commissioner Kirkmeyer clarified if the Probable Cause Hearing is continued
it results in another hearing; however, by setting a Show Cause Hearing the
process will move forward, and added if the applicant submits a letter
requesting the USR be revoked, it can be done at the Show Cause Hearing.
Minutes, February 23, 1998 980313
Page 4 BC0016
In response to Mr. Kugler, Mr. Barker stated if a letter is submitted, he does
not need to attend the Show Cause Hearing.
Kenny German, property owner to the south, stated he submitted a complaint
to the violations officer eleven months ago, and since that time only two
violations have been addressed. Mr. German stated his neighbor's property
is a detriment to his own property value and expects the violations to be
brought into compliance since this issue has been going on for eleven
months. Mr. German also stated he has received a letter from Mr. Kugler's
lawyer with which he did not agree. Commissioner Hall clarified that the
Planning staff and Board are working to get the property into compliance. In
response to Chair Harbert, Julie Chester, Department of Planning Services
representative, stated she would like to keep the Show Cause Hearing and
Violation Hearing within the same time frame. Ms. Chester stated if the
applicant is not in compliance by the end of April, the next scheduled
Violation Hearing would be May 12, 1998. Ms. Chester explained
approximately 2,500 tires have been removed from the property with the use
of grant money and a screening plan has been submitted. Ms. Chester
stated due to using an alternate screening material the applicant has agreed
to have it reviewed in six months, and added the other violation is the mobile
home which the applicant has indicated will be removed by March 1, 1998.
Commissioner Hall moved to set a Show Cause Hearing for April 27, 1998, at
9:00 a.m. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board.
Minutes, February 23, 1998 980313
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAD
ATTEST:
Constance L. Harbert Chair
Weld Count/ ler . �ys, :o-�I ( Jfl4' 0''Iv � W. H. bster, Pro-Tem
BY:
_
Deputy , ,-: � ' Y
!Geol. e,E! Baxter
Dal . Hall
arbara J. Kirkmeyer
Minutes, February 23, 1998 980313
Page 6 BC0016
A OFFICE OF BOARD OF COMMISSIONERS
PHONE (970) 356-4000, EXT. 4200
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
O GREELEY, COLORADO 80632
•
COLORADO
February 24, 1998
Bob Davidson
The Family Extension
3800 W. 20`h Street
Greeley, CO 80634
Dear Mr. Davidson:
This letter is in response to your request to use Weld County meeting rooms.
After discussing this request with our Director of General Services, we have decided
not to rent Room 104. Not only is the room used heavily by county departments, but
we do not want to jeopardize the expensive equipment in the room. In keeping with
our policy, however, you may rent the first floor hearing room at the normal rate of $30
per hour. You would also need to reimburse us for a security guard at $6 per hour and
provide a $50 refundable security deposit. Please be advised, though, that these
rates are currently being reviewed and may soon be raised. Pending the results of that
review, we could only guarantee these rates for the next six weeks.
We would attempt to allow your use at all scheduled times. However, if the
commissioners need the room at a time you have it scheduled, your meeting would be
moved. In that case, we would attempt to find another room available in our building.
If you decide to rent a room, please call Vicky Sprague at 356-4000, extension 4204, to
make arrangements.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
Constance L. Harbert, Chair
CLH:vds
cc: Don Warden
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