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HomeMy WebLinkAbout950918.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 1, 1995 TAPE #95-13 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, May 1, 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 - EXCUSED Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of April 26, 1995, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. Commissioner Kirkmeyer moved to approve the hearings conducted on April 26, 1995, as follows: 1) Change of Zone from A (Agricultural) to C-3 (Commercial), Louis J. Brighi Fourth Family Limited Partnership/Rudolf G. Danford, c/o Glen Droegemueller; and 2) Second Amended Special Review Permit for an asphalt and concrete batch plant in the A (Agricultural) Zone District, C & M Aggregates. Commissioner Baxter seconded the motion, which carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: No reports were given. PUBLIC INPUT: No public input was offered. 950918 BC0016 WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund Handwritten Warrants: General Fund Payroll Fund $ 437,212.77 $ 4,297.46 $ 1,276.84 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER AGREEMENT FOR INTAKE SCREENING OF WELD COUNTY JUVENILES IN CUSTODY WITH WELD ADOLESCENT RESOURCES, INC., AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, stated this agreement will extend the agreement, which began in 1993, and will run from July 1, 1995, to June 30, 1996. The amount will not exceed $52,210.00, with monthly installments being $4,350.83. Mr. Barker noted that Exhibit A should be attached to said agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Webster, carried unanimously. CONSIDER CANCELLATION OF JUNE 14, 1995, BOARD MEETING: Commissioner Baxter moved to approve said cancellation. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CONSIDER APPOINTMENT TO BOARD OF RETIREMENT: Chairman Hall stated William Hedberg would replace Larry Bohlender on said board, with a term to expire July 31, 1996. He noted, as required by the bylaws of said committee, Mr. Hedberg is a registered elector of the County. Commissioner Webster moved to approve said appointment, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENT BENEFITS WITH R R DONNELLEY NORWEST, INC., AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated R R Donnelley Norwest, Inc., also known as Norwest Publishing, has completed a $32 million expansion, of which $27 million is subject to personal property tax. Pursuant to Senate Bill #182, part of the property tax may be rebated, in the amount of $158,000.00 or 50 percent. Mr. Warden stated similar agreements have been made and noted a provision is included regarding the mechanics for the County's assessed value. Commissioner Baxter moved to approve said agreement and authorize the Chairman to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. CONSIDER CORPORATE REPORT OF CHANGES TO 3.2% BEER LICENSE FOR METRO OIL, INC., DBA TOTAL #2748, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated David E. Hackett will replace Ronald Brinkman as the Treasurer and Secretary. He noted all required information was provided and recommended approval so the report can be forwarded to the State. Commissioner Webster moved to approve said report and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. Minutes, May 1, 1995 950918 Page 2 BC0016 CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS -OF -WAY AND/OR EASEMENTS WITH EQUUS FARMS, INC., AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #50/67A: Drew Scheltinga, Public Works Department, explained this agreement is for the Bridge #50/67A project over the Platte, which is part of a State Bridge Grant. He said railroad right-of-way must be obtained to realign the road and this property, 0.574 acres, will be purchased from Equus Farms for $1,000.00 cash. Mr. Scheltinga noted the existing crossing will eventually be abandoned and revert back to the owner. Commissioner Baxter moved to approve said agreement and authorize the Chairman to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS -OF -WAY AND/OR EASEMENTS WITH NATIONAL HOG FARMS, INC., AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #50/67A: Mr. Scheltinga stated this agreement is also for the Bridge #50/67A project for which approximately four acres of right-of-way is needed for realignment and the bridge. No money will be exchanged; however, obligations include four field approaches, resetting of existing fences and gates, installation of one new gate and four -strand barbed wire fencing. Mr. Scheltinga noted the rights -of -way for the old roadway will be abandoned once the new roadway is opened. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER AGREEMENT FOR INSTALLATION OF CULVERTS AND MOVING OF EARTH BERM WITH RURAL LAND COMPANY, INC., AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated Vern Marshall lives near the intersection of Weld County Roads 38 and 39 where a box culvert will be installed and a berm moved onto property owned by Rural Land Company, Inc.. Reconfiguration of the drainage system on the Company's land will be completed by installing two new culverts paid for by the property owner and costing $2,268.60 and by adding riprap to prevent flooding. Mr. Barker stated negotiations were completed between the parties and recommended approval. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chairman to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER ORDER FOR ISSUANCE OF TREASURER'S DEED, PURSUANT TO §39-11-120(1), CRS - BOYLE: Mr. Barker stated Art Willis, Treasurer, and James P. Boyle, Trustee for Myrtle V. Boyle Irrevocable Trust, have requested this order because Tax Sale Certificate #91-00895/91 has been lost. He explained the procedure pursuant to Section 39-11-120(1), CRS, and referred to an affidavit signed by Mr. Boyle, suggesting the Board issue the order to the Treasurer. Commissioner Baxter moved to approve said order, and Commissioner Webster seconded the motion, which carried unanimously. CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR CHILDREN'S CLINIC AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this contract is for $500,000.00 for construction of the Children's Clinic in conjunction with the North Colorado Medical Center Foundation. Commissioner Kirkmeyer moved to approve said contract and authorize the Chairman to sign. The motion was seconded by Commissioner Webster and carried unanimously. Minutes, May 1, 1995 950918 Page 3 BC0016 CONSIDER ENERGY IMPACT ASSISTANCE GRANT CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR WELD COUNTY ROAD 19 AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this is a standard contract with the State for $300,000.00. Commissioner Kirkmeyer moved to approve said contract and authorize the Chairman to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER GRANT AGREEMENT WITH STATE BOARD OF GREAT OUTDOORS COLORADO TRUST FUND FOR MISSILE SITE PARK IMPROVEMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this grant is for $45,000.00 and will extend City of Greeley water to the missile site as well as provide for renovation of the restrooms and additional parking. He noted the funds will be matched by the Conservation Trust Fund, and Section 3 of said agreement has been complied with. Commissioner Baxter moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Webster, carried unanimously. PLANNING: CONSIDER RE #1723 - SCHILD: Shani Eastin, Planning Department, read staffs recommendation, including concerns, into the record. Dorothy Schild, applicant, stated the subject property is being farmed now and they would like to split it to sell later for economic purposes. She noted the property is already surrounded by urban/rural residents. Ms. Schild commented on the availability of utilities in the area and stated they are reacting to the development in the area. Harold Johnson, broker, reiterated the tremendous amount of development in the area since Weld County Road 17 north of Highway 14 was paved. He agreed the area with a building and pump would be exempt from the recorded exemption. Mr. Johnson reiterated the compatibility of the proposal with the area and recommended approval. Responding to questions from the Board, Ms. Schild confirmed the farm is irrigated and raises mostly beets and corn. She stated the farm would be sold with water and would most likely be used for hay and grass pasture. She noted productive agriculture is no longer common in the area and reviewed the irrigation company's constraints. Ms. Schild stated 30 shares of water are available and stated they would capitalize on the property by selling it. She located the North Weld Water lines on the overhead map and noted the property was once owned by developers who let the ground dry up; however, she and her husband put the farm back into agriculture after they bought it. Mr. Johnson and Ms. Schild confirmed there are two existing accesses to each lot, with the two on Weld County Road 15 being the best for residential use. Ms. Eastin confirmed Public Works did not comment on the referral. Ms. Schild stated both Roads 15 and 84 are paved and the site is only 1/2 mile from Larimer County. She again reviewed the use of the surrounding properties and reiterated the more sensible residential access would be on Road 15. Mr. Johnson confirmed both accesses on Road 15 have covered crossings over the irrigation ditch. They stated the production on the farm was average and reiterated the water would be sold with the property in proportionate shares for each parcel. Responding to further questions from the Board, Ms. Schild stated the land is productive, and the surrounding land is, too; however, the needs and uses are changing. She confirmed eventually they would stop farming the land and referred to their home farm, dairy, etc. No public testimony was offered. Mr. Barker informed the applicants, in case of a tie vote, Commissioner Harbert would review the record and cast the deciding vote. Ms. Schild confirmed the Conditions of Approval as recommended by staff were acceptable. Commissioner Baxter moved to approve RE #1723 for Richard and Dorothy Schild, with the Conditions of Approval as recommended by staff. He agreed the area is being developed, and since water will be available for grass, there will still be limited agriculture. Commissioner Webster seconded the motion, and Commissioner Minutes, May 1, 1995 950918 Page 4 BC0016 Kirkmeyer suggested additional Conditions of Approval requiring water always be available with the land and limiting accesses. Mr. Barker read proposed language for Conditions of Approval #3 and #4 into the record. Ms. Schild noted the type of agricultural production after the land is sold would probably not need as much water as what is being used now; however, if the buyers become stockholders, they, too, will have the opportunity to rent additional water. She reiterated the intent is to ensure the land is irrigated. Mr. Barker revised Condition of Approval #4 concerning the water issue, and Commissioner Baxter and Webster agreed to amend the motion to include the additional Conditions of Approval. The motion then carried unanimously. SECOND READING OF ORDINANCE NO. 147-E, IN MATTER OF AMENDMENTS TO CERTAIN MAPS, WELD COUNTY COMPREHENSIVE PLAN: Commissioner Kirkmeyer moved to read said ordinance by title only, and Commissioner Baxter seconded the motion, which carried unanimously. Mr. Barker read the title of Ordinance No. 147-E into the record. No public testimony was offered. Commissioner Kirkmeyer moved to approve said ordinance on second reading. Commissioner Webster seconded the motion, which carried unanimously. FIRST READING OF ORDINANCE NO. 147-F, IN MATTER OF AMENDMENTS TO CERTAIN MAPS, WELD COUNTY COMPREHENSIVE PLAN: Mr. Barker read said ordinance into the record. Monica Mika, Planning Department, stated this is the last of three requests and reviewed the accesses on the 138 -acre low density residential property. She entered the favorable recommendation from the Planning Commission into the record and noted nine referrals were received, with only one entity indicating concerns. Ms. Mika stated the applicant and his representative are present and noted 415 units with 1037 people are proposed for the area. Responding to questions from Commissioner Kirkmeyer, Ms. Mika stated ten acres with a home site were originally excluded; however, it is now included, which makes the parcel 148 acres. She reiterated staff has no concerns and the request is contiguous with the other six requests and consistent with the neighborhood/area meetings and requests. Marvin Dyer, representing George and Johnny Mayeda, agreed with the Planning Commission and other entities and stated they are also petitioning for inclusion in the St. Vrain District. Commissioner Kirkmeyer reminded Mr. Dyer that the ordinance is not effective until November 7, 1995. No public testimony was offered. Commissioner Kirkmeyer moved to approve said ordinance on first reading, and Commissioner Webster seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 147-E was approved on second reading, and Ordinance No. 147-F 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. Minutes, May 1, 1995 950918 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:00 a.m. ATTEST: Weld County BY. Deputy Clerk ' the Board BOARD OF COUNTY COMMISSIONERS D COUNTY, COL Dale K. Hall, Chairman FXCI IRFf 1]ATF OF APPROVAI Barbar J. Kirkmeyer, P -Tem E George . Baxter FXCI ISFI] Constance L. Harbert &J; j W. H. Webster Minutes, May 1, 1995 950918 Page 6 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO MAY 1, 1995 TAPE #95-13 ROLL CALL: MINUTES: WARRANTS: ATTEST: Weld Cou BY Deputy Cler,E;T the Board 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, May 1, 1995, at the hour of 9:00 a.m. 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 - EXCUSED Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Director of Finance and Administration, Don Warden Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of April 26, 1995, as printed. Commissioner Kirkmeyer 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 $500,022.20. Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which 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. There being no further business, this meeting was adjourned at 10:05 a.m. BOARD OF COUNTY COMMISSIONERS EL�UNTY, COLORA Dale K. Hall, Chair FXCIJSFn fATF C)F APPROVAI BarbarJ. Kirkmeyer, Pro em eorge E" Baxter FXCI JSFn Constance L. Harbert '`>, / ) lk W. H. ebster 950918 BC0016 Hello