HomeMy WebLinkAbout951341.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 28, 1995
TAPE #95-21 & #95-22
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,
June 28, 1995, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chairman and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES:
CERTIFICATION
OF HEARINGS:
Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of June 26, 1995, as printed. Commissioner Kirkmeyer
seconded the motion, and it carried unanimously.
Commissioner Kirkmeyer moved to approve the hearing conducted on June 26,
1995, as follows: 1) Application for Tavern Liquor License - June M. Faudoa,
dba LaGarra Bar. Commissioner Harbert seconded the motion, which carried
unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Baxter seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
General Fund
Payroll Fund
Handwritten Warrants:
General Fund
Payroll Fund
$ 368,261.92
$ 19,265.26
$ 11,200.04
$ 1,505,062.95
951341
BC0016
BIDS:
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Webster seconded the motion, which carried unanimously.
OIL AND GAS BID AUCTION: Mr. Warden stated there was only one bid
received, from Amicus Energy Company, LLC, at $15.00 per acre, for 159
mineral acres. He noted the proper amounts were submitted with the bid.
Commissioner Kirkmeyer moved to approve the bid submitted by Amicus
Energy Company, LLC. Seconded by Commissioner Harbert, the motion
carried unanimously.
BUSINESS:
NEW: CONSIDER YOUTH CRIME PREVENTION AND INTERVENTION 1995
PROGRAM APPLICATION FROM EMPLOYMENT SERVICES OF WELD
COUNTY TO COMMUNITY PARTNERSHIP OFFICE AND AUTHORIZE
CHAIRMAN TO SIGN: Linda Perez, Department of Human Services, stated
said grant application requests $119,772.17 to fund the operation of a Weld
County Youth Conservation Corps, which will be directed toward serving 12
high -risk Weld County youth in 52 weeks of meaningful work and service
learning experiences. The period expected for the grant is October 1, 1995, to
September 30, 1996. Commissioner Baxter moved to approve said application
and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER AGREEMENT FOR SAMPLING AND ANALYSIS OF DRINKING
WATER BETWEEN HEALTH DEPARTMENT AND TOWN OF MILLIKEN AND
AUTHORIZE CHAIRMAN TO SIGN: Judy Nero, Department of Health, stated
said agreement is a replacement because the town requested additional testing.
The term of said agreement is June 1, 1995, through December 31, 1995.
Commissioner Harbert moved to approve said agreement and authorize the
Chairman to sign. Seconded by Commissioner Webster, the motion carried
unanimously.
CONSIDER CONTRACT BETWEEN COMMUNITY CORRECTIONS BOARD
AND COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF
CRIMINAL JUSTICE, AND AUTHORIZE CHAIRMAN TO SIGN: Sharon
Street, Community Corrections staff, presented the annual contract for approval.
She stated the contract increases the per diem amount by $1.50 per day and
includes the requirement for escape tracking. Commissioner Webster moved
to approve said contract and authorize the Chairman to sign. Seconded by
Commissioner Harbert, the motion carried unanimously.
CONSIDER DIRECTION FOR STAFF FOR PROCEEDINGS RELATING TO
BRUNO AVENUE, COUNTRY ESTATES SUBDIVISION, WELD COUNTY,
COLORADO: Bruce Barker, County Attorney, reviewed the history of this
matter and indicated his staff did send a letter to the residents of the area to
inform them of this meeting. He stated the Board has a choice of two actions,
either vacate Bruno Avenue entirely or vacate either side and leave the center
open for non -motorized traffic. Jim Webster, who lives on Bruno Avenue, stated
he is against opening up the center for non -motorized traffic and said Bruno
Avenue is his only access. He lives just off Tate and he travels west on Bruno
for 500' or 600', which is like a private drive. He would rather have the entire
Avenue vacated. Rebecca Furr, who lives just south of Bruno Avenue, said she
was previously for the bike path; however, the residents in the area have
already created problems. She would like to see Bruno Avenue vacated entirely
instead of leaving half and half. Kathy Boerema, resident, stated her concerns
regarding liability and maintenance of a path, as well as who would enforce the
path since there is no homeowners' association. Drew Scheltinga, County
Engineer, reviewed the history of Country Estates, which was developed in 1976
Minutes, June 28, 1995 951341
Page 2 BC0016
without being required to construct roads. He said Weld County has never been
requested to open Bruno Avenue as a public road and the non -vehicular traffic
request came from area residents who thought it would be a workable idea. Mr.
Scheltinga stated it would cost $44,000 to bring it to County road standards and
indicated vacation would probably be the best option with the right-of-way
returned to the appropriate owners on each side. He stated only the Second
and Third Filing would need to be replatted. Responding to Commissioner
Baxter, Mr. Scheltinga stated there apparently is no problem with landlocking
an individual, since Jim Webster is present this morning and is in favor of the
vacation. Ed Jordan, Sheriff, stated he has no preference as to which action is
taken; however, he does need a decision one way or the other. He will have his
officers respond to complaints appropriate to whichever action is taken by the
Board. After discussion, Commissioner Harbert moved to vacate Bruno
Avenue; replat both the Second and Third Filings; and direct staff to process the
appropriate Quit Claim Deeds, etc. to return the right-of-way to the appropriate
adjoining landowners in accordance with the replats. The motion, which was
seconded by Commissioner Webster, carried unanimously.
CONSIDER REQUEST FROM STATE DIVISION OF YOUTH SERVICES FOR
LAND FOR YOUTH DETENTION FACILITY: Mr. Warden stated a letter was
received from Jerrald Adamek, Office of Youth Services, Colorado Department
of Human Services, requesting the County donate property in the Weld County
Business Park for the construction of a 120 -bed secure facility for delinquent
youth. Mr. Warden reminded the Board of the presentation to them on
February 20, 1995, and stated this matter has been on hold since that time
awaiting the outcome of the special election regarding the siting of correctional
facilities. Mr. Warden recommended the Board set a public hearing to garner
public input and explained it is a condition of the Colorado General Assembly
that a local governmental entity donates the land, since no funds were given to
the Office of Youth Services for acquisition of property. Commissioner
Kirkmeyer moved to set a hearing on Tuesday, July 11, 1995, at 7:00 p.m. to
hear public testimony regarding this matter. The motion, which was seconded
by Commissioner Baxter, carried unanimously.
Chairman Hall called a short recess of the regular Board meeting at 9:25 a.m.
in order to attend to the business on the Social Services Board agenda prior to
considering the more lengthy Planning matters.
PLANNING:
CONSIDER SUBSTANTIAL CHANGE HEARING #14 - RIVER BEND
INVESTMENTS, LLC: Shani Eastin, Department of Planning Services,
reviewed the recorded exemption request, which was denied by the Board on
April 17, 1995, and stated the applicant's stated reason of financing purposes
was not consistent with the Comprehensive Plan's Agricultural Policy #7. Ms.
Eastin stated the way the applicant's attorney now explains it, the request would
be consistent with the Comprehensive Plan. Jacqueline Johnson, attorney,
stated she did not represent the applicant at the time the recorded exemption
was initially considered; however, her understanding is the intent of the
applicant was not clearly stated and there was miscommunication as to his
reasons for the application. She indicated the applicant, Bradley Gielissen, and
one other individual purchased two parcels three years ago and now own the
two parcels under the name of River Bend Investments, LLC. She noted Mr.
Gielissen operates as River Bend Farms and he farms approximately 500 acres.
At present Mr. Gielissen lives on Lot A; however, the cost of utilities and
maintenance is exorbitant and he would like to sell Lot A and construct a new,
lower expense home for his use on Lot B. He would then continue to farm the
entire parcel, except Lot A. Ms. Johnson said the intent of the applicant was not
properly stated in the original request and staff indicates a substantial change
Minutes, June 28, 1995 951341
Page 3 BC0016
exists because of the restated reason for the request. Ms. Johnson also noted
if the substantial change is approved today, the new recorded exemption
request would probably be handled by staff administratively with very little time
involved; therefore, she requested a waiver of the $1,000 fee. Responding to
Commissioner Kirkmeyer and Chairman Hall, Ms. Johnson stated the change
is the reason stated by the applicant in the original application was to sell Lot A
for capital gain, although he is actually splitting off existing improvements for
sale to allow a member of the farm family, himself, to build and live on Lot B.
Therefore, the request is consistent with the Agricultural Policy. After further
discussion, Ms. Johnson said Section 11.2.1 of the Subdivision Ordinance
allows an individual to create a lot for a single-family building site, and she
understands selling the property to raise capital was offensive to the
Comprehensive Plan; however, selling the property to finance his own home on
the remainder of the property is not offensive. (Changed to Tape #95-22.)
Commissioner Kirkmeyer again questioned what facts have changed since the
original denial, and Ms. Johnson reiterated there is no change in the facts, as
such; however, the change is in the Board's understanding of the intent of the
applicant by the Board. Responding to a question from Commissioner Baxter,
Ms. Eastin indicated the original understanding that the parcel was being sold
solely for capital reasons did not fit within the Comprehensive Plan; however,
selling to provide for a direct family member or farm worker would fit. There was
no public testimony given. Commissioner Harbert noted the Board has, in the
past, allowed an applicant to split off a portion of non-productive farmland with
a residence without stating whether they are planning to build a residence on
the larger lot. Commissioner Kirkmeyer stated the reasons have not changed,
and simply restating the reason does not mean a substantial change has
occurred. She said the purpose today is not to determine whether to grant a
recorded exemption, but to determine if a substantial change in the facts of the
case has occurred. After further discussion among the Board members,
Commissioner Baxter moved to approve the request of River Bend Investments,
LLC, for Substantial Change #14. The motion was seconded by Commissioner
Webster and passed on a roll -call vote three to two, with Commissioners
Kirkmeyer and Hall voting against it. Mr. Barker stated the request to waive
fees must also be considered and Commissioner Webster moved to waive fees
for the recorded exemption application to be filed. There being no second, the
motion died. After discussion by the Board and in response to a question from
Commissioner Baxter, Ms. Eastin stated there is no difference in how staff will
handle the application. It will be considered as a new recorded exemption
application; all the referrals, etc. will be processed and, if there are concerns,
it will be brought back to the Board. Commissioner Kirkmeyer indicated the
reason for denial in the original Resolution listed as #1 is still a concern;
therefore, the new application should be brought back to the Board. After
discussion, Commissioner Harbert moved to deny the request to waive fees for
the new recorded exemption application. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
(Let the record reflect Lee Morrison, Assistant County Attorney, is now acting
as Attorney of Record.)
RECONSIDER MINOR SUBDIVISION FINAL PLAT FOR WHITETAIL #1 -
LARSON (S #350): Mr. Morrison made this a matter of record and stated this
item is in response to the Supplemental Final Order and Judgment issued by
Judge John J. Althoff, District Court Case No. 94 -CV -172 and indicated the next
four items of business were separate applications which were consolidated by
the Court. Mr. Morrison stated the Board has been ordered to reconsider each
application on the existing record, with no new evidence being presented, and
to disregard any reference to compliance with the Weld County Comprehensive
Plan while making its decision. He noted the applicant, Donna Larson, and her
Minutes, June 28, 1995 951341
Page 4 BC0016
attorney, John Chilson, are present. Mr. Morrison indicated Monica Daniels -
Mika, Department of Planning Services staff, is present to summarize the case
to date and assist the Board in finding particular evidence in the existing record.
Ms. Daniels -Mika reviewed the history of the case and indicated Whitetail #1
contains six parcels with an average size of 14.5 acres for a total of 86.92 acres;
and Whitetail #2 contains six parcels with an average size of 16.4 acres for a
total of 105.31 acres. Mr. Morrison clarified for the Board that the Court found
the way in which the Comprehensive Plan was adopted to be appropriate;
however, the use of the Comprehensive Plan within the minor subdivision
process was found to be inappropriate. The Board reviewed the file and
Chairman Hall stated his concerns at that time, as stated on pages 134 and 135
of the transcript, are still valid and that there is a valid concern regarding road
impact with the possibility of doubling the amount of traffic. Also, while Mr.
Chilson indicated the applicant was willing to make on -site improvements, there
was not a willingness to deal with off -site roads (Section 4.5.16.7), and there
was a burden placed on the local government to provide other services (Section
4.5.17.16). Mr. Morrison clarified for Commissioner Kirkmeyer that Section
4.5.16.7 is a valid issue, since the original resolution of March 16, 1994,
indicated Weld County Road 46 cannot be brought up to standard due to the
lack of funds. After further review of the record, Commissioner Kirkmeyer
moved to deny S #350 for Whitetail #1 and incorporated the Planning
Commission recommendation for denial into the motion, stating her reasons are
the concerns as listed on page 135 of the transcript, specifically Sections
4.5.16.7 and 4.5.16.16 of the Subdivision Ordinance. Commissioner Baxter
seconded the motion, which carried unanimously.
RECONSIDER MINOR SUBDIVISION FINAL PLAT FOR WHITETAIL #2 -
LARSON (S #349): Commissioner Kirkmeyer moved to deny S #349 for
Whitetail #2, incorporating the same reasons as stated above for Whitetail #1.
The motion, which was seconded by Commissioner Harbert, carried
unanimously.
RECONSIDER MINOR SUBDIVISION FINAL PLAT FOR MT. VIEW ESTATES
#1 - LARSON (S #347): Ms. Daniels -Mika presented the case summary,
stating Mt. View Estates #1 contains five parcels with an average size of 2.9
acres, for a total of 14.6 acres; and Mt. View Estates #2 contains four parcels
with an average size of 2.5 acres, for a total of 10.65 acres. Mr. Chilson called
for a point of order and stated staff is advocating a position. Mr. Morrison
explained to the Board if staff is advocating a position, it would be appropriate
to let Mr. Chilson also make a statement advocating the applicant's position of
the case. Chairman Hall queried the Board as to whether staff was advocating
and, hearing no response, instructed staff to continue the summary, being
careful not to advocate a position. Ms. Daniels -Mika stated appropriate portions
of the record to be reviewed include references to Sections 4.5.16.5, 4.5.16.11,
4.5.16.16, 4.5.16.2, and 4.5.7 of the Subdivision Ordinance and particular letters
which were received concerning this case. The Commissioners reviewed the
record. Responding to Commissioner Kirkmeyer, Mr. Morrison explained that,
without the use of the Comprehensive Plan, there is no definition of Urban
Growth Boundaries; therefore, only the letter from Loveland is in the record on
this issue and must be interpreted by the Board. Chairman Hall indicated he still
has concerns regarding soils compatibility, and creation of an additional access
to a County, State or Federal highway; and that, in absence of a definition of
Urban Growth Boundary, he must go along with the letter from Loveland that
says it is not within the boundary. Commissioner Kirkmeyer stated she agrees
with Chairman Hall's comments and moved to deny S #347, Mt. View
Estates #1 since the requirements of Sections 4.5.16.5, 4.5.16.11, 4.5.16.2, and
4.5.16.16 of the Weld County Subdivision Ordinance have not been met.
Commissioner Baxter seconded the motion, which carried unanimously.
Minutes, June 28, 1995 951341
Page 5 BC0016
Deputy Cle to the Board
RECONSIDER MINOR SUBDIVISION FINAL PLAT FOR MT. VIEW ESTATES
#2 - LARSON (S #348): Commissioner Kirkmeyer moved to deny S #348 for
Mt. View Estates #2 for the same reasons as given in the motion to deny Mt.
View Estates #1 above. The motion, which was seconded by Commissioner
Harbert, carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
There were no ordinances.
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 11:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL
Dale K. Hall, Chairman
r
Barbary J. Kirkmeye, Prq-Te
George E' Baxter
Constance L. Harbert
W. H. Webster
Minutes, June 28, 1995 951341
Page 6 BC0016
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JUNE 28, 1995
TAPE #95-21
The Board of County Commissioners of Weld County, Colorado, met in regular
session as the Board of Social Services 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, June 28, 1995, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chairman and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Director of Finance and Administration, Donald Warden
MINUTES:
WARRANTS:
NEW BUSINESS:
Commissioner Kirkmeyer moved to approve the minutes of the Board of Social
Services meeting of June 26, 1995, as printed. Commissioner Harbert
seconded the motion, and it carried unanimously.
Don Warden, Director of Finance and Administration, presented the warrants
for approval by the Board in the amount of $430,958.83. Commissioner Baxter
moved to approve the warrants as presented by Mr. Warden. Commissioner
Webster seconded the motion, which carried unanimously.
CONSIDER EMERGENCY COMMUNITY SERVICES HOMELESS GRANT
PROGRAM AND COMMUNITY FOOD AND NUTRITION PROGRAM
CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS AND
AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Department of Social
Services, explained the Department will subcontract with homeless service
providers up to a total amount of $8,150. Commissioner Harbert moved to
approve said contract and authorize the Chairman to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
Let the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board.
951341
BC0016
There being no further business, this meeting was adjourned at 9:30 a.m.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CO RA
MO the Board
Cy P;
BY:' '
Deputy ClerYslo the Board
Dale K. Hall, Chair an
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Barbara . Kirkmeyer,T'yo-Tem
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/George F!. Baxter
Constance L. Harbert
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W. H. vVebster
Minutes, June 28, 1995 951341
Page 2 BC0016
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