HomeMy WebLinkAbout993015.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 22, 1999
TAPE #99-40
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, December 22, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter- EXCUSED
Commissioner M. J. Geile
Commissioner Glenn Vaad
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of December 20, 1999, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #119-P BY TAPE: Commissioner Kirkmeyer moved to read Ordinance #119-P by
tape. Seconded by Commissioner Geile, the motion carried unanimously.
ADDITIONS TO AGENDA: The following was added to the Agenda under Old Business: 1) Consider
Rescinding Resolution #992982, dated December 20, 1999, re: Action of the Board Concerning
Nonexclusive License Agreementforthe Upgrade and Maintenance of right-of-way for Weld County Road
82-Diversified Operating Corporation[993008];and 2)Consider Nonexclusive License Agreement for the
Upgrade and Maintenance of right-of-way for Weld County Road 82 and authorize Chair to sign -
Diversified Operating Corporation (Con't from 12/20/99) [993009]. Item #3 under Old Business was
deleted.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Geile commented the Child Care Study
has been completed and was received with positive support. He stated there will be another meeting next
year to establish the process to be used, which will be presented to the Board of Commissioners.
0 993015
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PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $235,056.86
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner
Geile seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Pat Persichino, Director of General Services, stated there are no bids to present.
APPROVE SURVEYING SERVICES FOR WELD COUNTY ROADS 9.5, 17 AND 62 BID - PUBLIC
WORKS DEPARTMENT: Mr. Persichino stated the Department of Public Works recommends approval
of the low bid from King Surveyors, Inc., in the amount of $7,655.00 for Weld County Road 9.5 and
$16,700.00 for Weld County Roads 17 and 62. Commissioner Vaad moved to approve said bid.
Seconded by Commissioner Geile, the motion carried unanimously.
APPROVE CULVERTS FOR TWO RIVERS PARKWAY BID - PUBLIC WORKS DEPARTMENT: Mr.
Persichino stated the Department of Public Works recommends approval of the low bid from H & L
Concrete, Inc., in the amount of$66,350.00. Commissioner Vaad moved to approve said bid. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
OLD BUSINESS:
CONSIDER RESCINDING RESOLUTION#992982, DATED DECEMBER 20, 1999, RE:ACTION OF THE
BOARD CONCERNING NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF RIGHT-OF-WAY FOR WELD COUNTY ROAD 82 - DIVERSIFIED OPERATING
CORPORATION: Mr. Barker explained at the regular meeting on December 20, 1999, the Board moved
to continue this matter to January 3, 2000. Since that time the Department of Public Works has spoken
with the applicant and feels that this matter can be resolved sooner, therefore, it is necessary to rescind
the previous resolution. Commissioner Vaad moved to rescind Resolution #992982. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
RIGHT-OF-WAY FOR WELD COUNTY ROAD 82 AND AUTHORIZE CHAIR TO SIGN - DIVERSIFIED
OPERATING CORPORATION: Frank Hempen,Jr., Director of Public Works,stated Diversified Operating
Corporation has submitted a letter dated, December 20, 1999, expressing its need to be able to access
the oil and gas wells, and explaining its intent to construct a road 18 feet wide, raised for all weather
services, north of the existing fence line. In response to Chair Hall, Mr. Hempen stated the applicant has
already done some improvements along this section line between 7 and 18 and this agreement will allow
for the improvements to tie into the previous improvements.
Terry Cammon, President of Diversified Operating Corporation, stated at this time there are several wells
on the property which need to be accessed for maintenance. He stated the company is proposing access
from the east because this is the highest point and will accommodate an all weather access.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, December 22, 1999 993015
Page 2 BC0016
CONSIDER RESOLUTION RE: ACCEPT PORTION OF WELD COUNTY ROAD 57 FOR FULL
MAINTENANCE - KENNETH MADSEN (CON'T FROM 12/08/99): Mr. Hempen requested this item be
continued indefinitely due to unresolved issues with the property owner. Commissioner Kirkmeyer moved
to delete said matter from the Agenda. Seconded by Commissioner Geile, the motion carried
unanimously. (Clerk's Note:Since the motion was to delete this matter from the Agenda, no resolution was
completed.)
NEW BUSINESS:
CONSIDER MICROCOMPUTER SUPPORT SERVICE ENHANCEMENT REQUEST AND AUTHORIZE
CHAIR TO SIGN - SYSTEMS AND COMPUTER TECHNOLOGY, INC. (SCT): Mr. Warden stated this
request will provide for a change in payments for some of the changes made in the Department of Social
Services. He further stated this will be incorporated into the master contract in future years, rather than
dealing with two separate agreements. Commissioner Vaad moved to approve said request and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER REAPPOINTMENT TO WELD/LARIMER LOAN REVIEW COMMITTEE: Commissioner
Kirkmeyer moved to approve the reappointment of Philip Neville to the Weld/Larimer Loan Review
Committee. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO BOARD OF ADJUSTMENT:Commissioner Geile moved to reappoint
Anita Owens, Gary Stewart, and Joseph Bodine to the Board of Adjustment. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO EMERGENCY MEDICAL SERVICES COUNCIL: Commissioner
Kirkmeyer moved to approve the reappointments of Cloyd Conley, Pat Romansik, and Gary Sandau.
Seconded by Commissioner Geile, the motion carried unanimously.
PLANNING:
CONSIDER SETTING HEARING DATE FOR CHANGE OF ZONE #530 FROM A (AGRICULTURAL)
ZONE DISTRICT TO E (ESTATE) ZONE DISTRICT FOR A 5-LOT MINOR SUBDIVISION - DANIEL
OCHSNER, C/O ROGER KENNEY, KENNEY AND ASSOCIATES: Lee Morrison, Assistant County
Attorney, stated at the public hearing held on November 24, 1999, the applicant requested this matter be
continued indefinitely to consider redesign of the proposed Minor Subdivision. Mr. Ochsner met with
Department of Planning Services staff last week and discussed the design, which will reduce the
development to a smaller area, with only four lots. Mr. Morrison stated Department of Planning Services
staff has indicated to him that they feel this new proposal will create a substantial change and require a
new application. He further stated the applicant has indicated he is willing to return to the Planning
Commission; however, if he will be required to start over, he would prefer to proceed with the original
proposal.
Daniel Ochsner, applicant, confirmed he feels this proposal will be less intensive and is willing to return
to the Planning Commission phase of the process, but he does not want to start over with a new
application. Commissioner Geile commented it would be difficult to make a determination as to whether
this constitutes a substantial change without reviewing the proposal and that should be done in a public
hearing. Mr. Morrison explained if the applicant submits a new proposal, they must begin with a new
application; however, if the proposal is only decreasing the existing plan, it would be appropriate for the
case to be referred back to the Planning Commission for review. In response to Chair Hall, Mr. Morrison
stated the planning staff would prefer the application start over with new referrals sent out. Responding
to Commissioner Geile, Mr. Barker reviewed the possible options for the Board.Commissioner Vaad stated
the discussion of major or minor change needs to be discussed with the surrounding property owners and
other interested parties present. Commissioner Vaad moved to delay setting a hearing date and to refer
Minutes, December 22, 1999 993015
Page 3 BC0016
the case back to the Planning Commission. The motion was seconded by Commissioner Geile, and it
carried unanimously.
FIRST READING OF ORDINANCE#119-P, IN THE MATTER OF AN AMENDMENT TO ORDINANCE NO.
119-O,WELD COUNTY BUILDING CODE ORDINANCE, REVISING CERTAIN PROCEDURES,TERMS,
AND REQUIREMENTS: David Sprague, Building Inspection Department, stated this Ordinance is being
amended to prevent liability issues for the County, as well as make some changes to reduce the cost for
the builders. Mr. Sprague stated the changes recommended by staff after the Planning Commission
review, include allowing an Engineer orArchitect to approve all of the foundation stages, and allowing new
foundations to match the existing foundation if it is at least five years old and shows no structural damage.
Mr.Sprague stated the proposed changes will require engineered foundations with only a few exceptions,
to prevent Weld County Inspectors from determining what is allowed and, thereby, reducing the amount
of liability. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to
approve Ordinance #119-P on first reading. Seconded by Commissioner Geile, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #119-P was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
,J WELD COUNTY, COLORADO
ATTEST: 1 / // /011 / EXCUSED DATE OF APPROVAL
�OYYYIIQQ��JJ j►v�RR�� Dal K. Hall, Chair
Weld County Clerk to the Boa E La
�rsi �`ly� . arbara J. Kirkmeyer! Pro-Te
BY. �t i , . . ,� �I O�_
Deputy Clerk to the Boar's " " EXCUSED
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George E axter
M. ,j Glenn eillee
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Minutes, December 22, 1999 993015
Page 4 BC0016
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