HomeMy WebLinkAbout981606.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 31, 1998
TAPE#98-22 AND#98-23
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,
August 31, 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 Baxter moved to approve the minutes of the Board of County
Commissioners meeting of August 26, 1998, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
ADDITIONS TO
AGENDA: The following was deleted from New Business: 1) Consider Petition for
Abatement or Refund of Taxes and authorize Chair to sign - Mother Earth, Inc.;
and the following was added under New Business: 1) Consider Settlement
Agreement and Mutual Releases with Refco entities and authorize Chair to sign -
Wymer
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - PATRICIA BRYCE, CLERK AND
RECORDER'S OFFICE: Chair Harbert read the certificate recognizing Patricia
Bryce for her years of service in the Clerk and Recorder's Office for the record.
PUBLIC INPUT: There was no public input.
981606
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $891,711.26
Electronic Transfers-All Funds $1,901,449.69
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER SETTLEMENT AGREEMENT AND MUTUAL RELEASES WITH
REFCO ENTITIES AND AUTHORIZE CHAIR TO SIGN -WYMER: Lee Morrison,
Assistant County Attorney, stated this is the final agreement in a settlement
which began several years ago. Commissioner Baxter moved to approve said
settlement agreement and mutual releases and authorize the Chair to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES AND
AUTHORIZE CHAIR TO SIGN -THOMAS SCOTT PYLE, DBA SCOTTS ON 66:
Mr. Barker explained the Colorado Department of Revenue requires a Permit
Application and Report of Changes when an establishment changes its trade
name. He stated "Wags Place" will be changed to "Scotts on 66".
Commissioner Webster moved to approve said application and authorize Chair
to sign. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL/RESTAURANT LIQUOR
LICENSE AND AUTHORIZE CHAIR TO SIGN - THOMAS SCOTT PYLE, DBA
SCOTTS ON 66: Mr. Barker stated Deputy Mark Profitt expressed no concerns
with this application. Commissioner Webster moved to approve said renewal
application and authorize the Chair to sign. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT
HEAD START PROJECT PROGRAM IMPROVEMENT AND AUTHORIZE
CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated the
department is applying for federal funding to provide additional space for the
Head Start Program. Commissioner Kirkmeyer moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER AGREEMENT FOR COLORADO COMMUNITY COLLEGE AND
OCCUPATIONAL EDUCATION SYSTEM AND AUTHORIZE CHAIR TO SIGN:
Mr. Speckman stated this agreement provides $5,000 in educational scholarship
vouchers to individuals to be used for tuition costs at community colleges within
the Colorado Community College and Occupational Education System.
Commission Hall moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Webster, the motion carried unanimously.
Minutes, August 31, 1998 981606
Page 2 BC0016
CONSIDER PETITION TO VACATE WELD COUNTY ROAD 51 BETWEEN
WELD COUNTY ROADS 32 AND 34 - FRONT RANGE FEEDLOTS, LLC AND
GREELEY LDS FARM: Mr. Barker stated a referral was sent to Frank Hempen,
Director of Public Works, regarding the vacation of Weld County Road 51 and he
expressed no concerns. There will be an agreement between the landowners
regarding the easement and maintenance of the road. Mr. Hempen
recommended approval and explained this road is primarily used by the feedlot
and will not affect other traffic. In response to Chair Harbert and Commissioner
Kirkmeyer, Mr. Barker stated the County is only required by State statute to notify
the applicants. He further stated this vacation is required for a Use by Special
Review Permit, and the two properties will become contiguous. There was no
public input concerning this matter. Commissioner Webster moved to approve
said petition to vacate. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
REQUIRING CONTROL OF LEAFY SPURGE AND CANADA THISTLE ALONG
COMMON WATERWAYS AND COUNTY BORDERS AND AUTHORIZE CHAIR
TO SIGN: Ron Broda, Vegetation Management Specialist, explained this
amendment identifies how the State money will be spent by each of the counties.
In response to Commissioner Kirkmeyer, Mr. Broda stated the project is to be
completed this year. Commissioner Baxter moved to approve said amendment
and authorize the Chair to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
PLANNING: CONSIDER VACATION OF USR #745 - HEINZE/FABRIZIUS: Julie Chester,
Department of Planning Services representative, gave a brief description of the
location of the proposed vacation and explained Use by Special Review Permit
#745 was originally approved for an onion storage facility; however, it is no longer
in use. Ms. Chester stated the applicants have applied for a new Permit for a
different use and a Condition of Approval for the new USR is to vacate USR
#745. In response to Commissioner Kirkmeyer, Ms. Chester stated the new USR
is for manufacturing farm equipment and will come before the Board on
September 30, 1998. Commissioner Hall moved to approve said vacation.
Seconded by Commissioner Webster, the motion carried unanimously.
CONSIDER RE#2297 -WERTH: Ben Patton, Department of Planning Services
representative, gave a brief description of the location of the proposed Recorded
Exemption (RE) and stated it is located in a rural, non-prime agricultural area.
He stated there is no public water or sewer available to the site and added the
property is accessed from State Highway 52. Mr. Patton stated this application
does not comply with the intent of the A (Agricultural) Zone District, Weld County
Zoning Ordinance, or the Weld County Subdivision Ordinance, and it will create
a flaglot configuration. In response to Commissioner Hall, Mr. Patton stated
urban scale is defined as a development which exceeds five lots. This
application alone does not meet this criteria; however, the contiguous parcels
equal more than five lots. Responding to Commissioner Kirkmeyer, Mr. Patton
stated there is an existing well on Lot B of the proposed RE. He further stated
if the applicant is unable to obtain a permit for Lot A, a building permit will not be
issued. In response to Commissioner Baxter and Chair Harbert, Mr. Patton
indicated there are houses on each of the seventeen lots in the south half of
Section 2, and there is an existing oil and gas access which the applicant is
proposing for use as a joint access to both parcels.
Minutes, August 31, 1998 981606
Page 3 BC0016
Melvin Dinner, applicant's representative, indicated the applicant is in compliance
with the Weld County Comprehensive Plan, and the applicant has owned and
lived on this property since 1983. Mr. Dinner described the applicant's
background and explained Barbara Werth, applicant, plans to sell the 2.5 acre
parcel to her son, Jerry Werth. Mr. Dinner submitted a plat map, marked
Exhibit A, and stated the proposed RE is located approximately two and three-
quarter miles from the Town of Fort Lupton. Mr. Dinner submitted a recorded
copy of Recorded Exemption #646, marked Exhibit B, and stated RE #646
occurred in 1983 and the applicant has owned Lot A since that time. He added,
there is a gravel road which is used as a joint access for a gas well and the
current residence on Lot B of RE #2297. Mr. Dinner explained there is a
domestic water well on Lot B; however, the applicant is waiting for approval of
this exemption before applying for a well permit for Lot A. He submitted various
photographs of the surrounding area, marked Exhibit C, and explained this parcel
is planted in native grasses and there is no farming in the southern half of
Section 2. Mr. Dinner described the background of Ms. Werth's son and family,
and stated the Town of Fort Lupton and the local Fire District expressed no
concerns with this parcel. (Switched to Tape #98-23.) Mr. Dinner submitted a
drawing of the proposed exemption, marked Exhibit D, and stated the applicant
is willing to work with CDOT regarding concerns about access onto State
Highway 52. In response to Commissioners Baxter and Kirkmeyer, Mr. Dinner
stated he is unsure if the Town of Fort Lupton will consider annexing this area,
and stated there is a 30-foot access already in place to be used as a joint access
for Lots A and B; however, if more is requested the applicant is willing to meet
the requirements. Responding to Commissioner Kirkmeyer, Mr. Dinner stated the
applicant has not yet applied for an access permit; the Fort Lupton School District
has not requested that a pull-out area be constructed; and the applicant will apply
for a well permit once the Recorded Exemption is approved. Responding to
Commissioner Kirkmeyer, Bruce Barker, County Attorney, stated the Board can
approve the Recorded Exemption conditional upon an approved well permit prior
to recording the plat; however, if a well permit is not granted a separate lot will
exist which is not buildable. He recommended approval of the Recorded
Exemption conditional upon receipt of an approved well permit, so if a permit is
not granted the exemption will not be created.
In response to Chair Harbert, Mr. Werth stated he and his mother are willing to
pay for any improvements to the existing access, and there is a small pull-out
area in front of his mother's property; however, it would not be difficult to widen
and create a school bus pull-out. Responding to Commissioner Webster, Mr.
Dinner explained 150-foot setbacks from a well on Lot A is not a problem. There
was no public input concerning this matter.
Mr. Barker suggested alternate language for Condition of Approval #2.A and
deletion of the last sentence. In Condition #2.B, Mr. Barker recommended
changing the word in the second sentence from "include" to "require"; deleting
Condition#2.C because the listed requirements are addressed in Conditions#2.A
and#2.B; and renumbering the following Conditions. Commissioner Kirkmeyer
requested the word "existing" in the second sentence of Condition #2.A be
replaced with "permitted" and questioned whether the access will be required to
be in accordance with Ordinance #180. Mr. Barker explained the access is on
private property; however, the Board can require the access easement to meet
the standards set forth in Ordinance#180, as amended. Following discussion,
Mr. Barker recommended deleting Condition #2.E.3 as shown in the Conditions
submitted by staff and add a new #2.E to state, "The applicant shall submit
Minutes, August 31, 1998 981606
Page 4 BC0016
evidence to the Department of Planning Services that Lot A has received
approval of a domestic well permit." In response to Commissioner Kirkmeyer, Mr.
Barker suggested adding Condition #4 with language similar to Condition #2.E
so if a well permit is not obtained, the recorded exemption will not be created.
Following discussion, Mr. Barker recommended adding Condition #2.F to
address the issue of an agreement between the applicant, School District, and
State Highway Department regarding a school bus pull-out if necessary. In
response to Chair Harbert, the applicant indicated they are in agreement with the
discussed changes to the Conditions of Approval and will work with the County
Attorney on the specific wording of the Conditions.
Commissioner Kirkmeyer moved that RE#2297, requested by Barbara Werth, be
approved to include the Conditions as discussed above with specific wording to
be finalized by the County Attorney and applicant. Commissioner Webster
seconded the motion, which 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.
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: lax
// • V' Constance L. Harb , Ch it
Weld County Clerk to t e B.
1 4t t( " $1 W. H. bster, Pr -Tem
BY:
Deputy Clerk to •-r V.., 4
"OUN't , eorge . Baxter
Dahe K. Hall
Au 4 a_ibur,,t
Barbara J. Kirkmeyer
Minutes, August 31, 1998 981606
Page 5 BC0016
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