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Home My WebLink About951021.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 15, 1995 TAPE #95-15 & #95-16 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 15, 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, Carol Harding Finance and Administration Director, Don Warden MINUTES: CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners meeting of May 10, 1995, as printed. Commissioner Webster seconded the motion, and it carried unanimously. Commissioner Kirkmeyer moved to approve the hearing conducted on May 10, 1995, as follows: 1) Special Review Permit for migrant/farm labor housing in the A (Agricultural) Zone District, High Plains Housing. 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: There were no reports given. PUBLIC INPUT: No public input was offered. 951021 BC0016 WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 336,915.00 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER MEMORANDUM OF UNDERSTANDING WITH ISLAND GROVE REGIONAL TREATMENT CENTER, INC., AND AUTHORIZE CHAIRMAN PRO-TEM TO SIGN: Mr. Warden explained the alcohol center was a County department at one time which then became a non-profit organization with the County providing the building as an in -kind contribution required by the State. Now that a new building has been constructed, Mr. Warden suggested the cost of the land which was donated by Weld County be considered for the required in -kind contribution, pro -rated over the next five years at $60,000 per year. Mr. Warden also noted since Chairman Hall is Chairman of the Island Grove Regional Treatment Center Board, the Chairman Pro-Tem be authorized to sign said agreement. Commissioner Baxter so moved and Commissioner Webster seconded the motion, which carried unanimously. CONSIDER AUTHORIZING CHAIRMAN TO SIGN ENERGY IMPACT ASSISTANCE GRANT FOR I-25 MUD STUDY: Mr. Warden recognized Commissioner Kirkmeyer for her efforts in obtaining said grant and stated the Request for Proposal has been sent out. He also noted no local match is required for the $100,000 grant. Chairman Hall expressed his appreciation to Commissioner Kirkmeyer for her effort. Commissioner Kirkmeyer moved to approve said grant and authorize the Chairman to sign. The motion, which was seconded by Commissioner Webster, carried unanimously. SECOND READING OF ORDINANCE NO. 180-A, IN MATTER OF AMENDMENTS TO PUBLIC WORKS POLICIES: Commissioner Kirkmeyer moved to read Ordinance No. 180-A by title only. Seconded by Commissioner Baxter, the motion carried unanimously. Bruce Barker, County Attorney, read the title of Ordinance No. 180-A. There was no public testimony given. Commissioner Kirkmeyer moved to approve said ordinance and Commissioner Webster seconded the motion, which then carried unanimously. PLANNING: CONSIDER REQUEST FOR PREADVERTISEMENT OF PUD FINAL PLAN, S #378, FROM MCSTAIN ENTERPRISES, INC.: Todd Hodges, Department of Planning Services, presented the request from McStain Enterprises, Inc. for pre -advertisement of the hearing concerning a PUD Final Plan. The Planning Commission hearing is June 6, 1995. Stephen Hanson, McStain Enterprises, Inc., was present and explained they would like to be able to keep the process moving and stated the review was extended by staff several times. In response to Commissioner Kirkmeyer, Mr. Hodges explained there was a delay because of a change in the design which then required new referrals to be sent out. After discussion, Commissioner Webster moved to approve the pre -advertisement request and set this matter for hearing on June 21, 1995, at 10:00 a.m. Seconded by Commissioner Baxter, the motion carried three to one, with Commissioner Kirkmeyer voting nay. Minutes, May 15, 1995 951021 Page 2 BC0016 CONSIDER RE #1724 - LINDBERG: Mr. Barker reviewed the procedure to be followed in case of a tie vote for the applicant, who had no objections to this matter being heard in this manner. Shani Eastin, Department of Planning Services, reviewed said request to divide Lot A of RE #1015 into two parcels of 3.4 acres and 2 acres. She reviewed the history of other divisions on this property, and discussed plans by the City of Longmont to enlarge Union Reservoir from its current capacity of 12,768 acre feet to approximately 32,570 acre feet. She noted the City of Longmont has purchased approximately 25 acres south of the proposed RE for the purpose of enlarging said reservoir, and expressed staff concerns that the intent of the Comprehensive Plan has not been met; the future enlargement of Union Reservoir and the effects of said enlargement on the property; and development of sprawl row type development. Ms. Eastin noted the applicant's plans to sell proposed Lot B in order to finance the improvements required for installation of a water main and tap by Longs Peak Water District to proposed Lot A and presented a decree, Exhibit A, from the Water Court, Water Division No. 1, Colorado, concerning the rights of the City of Longmont in enlarging the Union Reservoir in the future. After discussion regarding the procedure to be followed by the City of Longmont, Chairman Hall noted that the decree does give the City of Longmont authority to proceed and on that basis, the City has already purchased approximately 25 acres of land. Craig Lindberg, applicant, stated he purchased his five acres in order to build a home on it and enjoy the recreational benefits of living on the reservoir; however, after his contract was accepted but before the closing on his purchase, the City of Longmont notified him of its intentions to enlarge the reservoir in the future. Mr. Lindberg explained the Longs Peak Water Board committed a water tap to him at the time of purchase, and when he went to have it installed the secretary at the water board told him not to worry about it. Longs Peak Water Board is now denying his water tap, and told him he would have to pay for the installation of the water main and water tap, at a cost of $65,000 to $80,000. If other property owners request taps, that amount would then be reimbursed to him. Furthermore, Mr. Lindberg explained, in his talks with Pete Moore of the City of Longmont, he stated the City realistically will not enlarge the reservoir; however, at the time the City of Thornton was picking up all options on Northern Colorado water, the City felt it to be in its best interest to make sure it obtained the option to expand if necessary. Responding to Commissioner Kirkmeyer, Mr. Lindberg explained the stipulation he made with the City of Longmont, and stated it would have no impact on either future improvements on his property or any improvements made on proposed lot B. Commissioner Kirkmeyer discussed with Mr. Barker whether the stipulation would affect current or future land splits, and Mr. Barker stated the key factor is whether or not assigns and heirs are subject to said stipulation. He cannot be sure without reviewing the stipulation in its entirety. No public testimony was offered concerning this matter. After further discussion with legal staff, Commissioner Kirkmeyer moved to deny the request for Recorded Exemption #1724 from Craig Lindberg because it is not consistent with, nor does it meet the intent of, the Comprehensive Plan, and the problems created by the stipulation cannot be dealt with at this time. Commissioner Baxter seconded the motion, which carried three to one, with Commissioner Webster opposed. CONSIDER RE #1727 - MARTIN EXPLORATION: Mr. Barker explained to the applicant the procedure to be used in case of a tie vote, since only four Commissioners are present. Gloria Dunn, Department of Planning Services, reviewed staffs concerns for the record. The request is to divide a 10 -acre parcel into two parcels of 5.6 and 4.4 acres. Ms. Dunn stated this parcel was created through the Recorded Exemption process in 1979, being split from a 300 -acre parcel, and she noted Lot A was approved for an oil and gas field Minutes, May 15, 1995 951021 Page 3 BC0016 office through the Special Review Permit process in 1982, with a dwelling used as an accessory use to the business. Lot B does not presently have a residence and is used entirely for agricultural production. Responding to Commissioner Kirkmeyer, Ms. Dunn stated the Special Review Permit apparently applies only to the five acres of proposed Lot A and noted the business is presently closed and is for sale. Stephan McLaughlin, representing Martin Exploration, Inc., explained the original use of this property was for an oil and gas field office with storage of equipment, etc., and he stated it was in use until it was put on the market. He said they did not ever need the ten acres and he was under the impression the Special Review Permit applied only to the five - acre parcel. He stated Lot A is under contract pending approval of this Recorded Exemption. Further discussion ensued with staff in an attempt to clarify whether the ten -acre parcel or the five -acre parcel is operational under the Special Review Permit. Responding to Commissioner Kirkmeyer, Mr. McLaughlin noted the use would not change for Lot A; however, Lot B would be allowed a residence. He stated there is no proposed buyer for Lot A at this time. (Changed to Tape #95-16.) Chairman Hall set this matter aside in order to continue with other business while staff determines which part of the property is under the Special Review Permit. FINAL READING OF ORDINANCE NO. 147-E, IN MATTER OF AMENDMENTS TO CERTAIN MAPS, WELD COUNTY COMPREHENSIVE PLAN: Commissioner Baxter moved to read Ordinance No. 147-E by title only. Seconded by Commissioner Webster, the motion carried unanimously. Mr. Barker read the title of said Ordinance into the record. No public testimony being offered in this matter, Commissioner Kirkmeyer moved to approve Ordinance No. 147-E on final reading. Seconded by Commissioner Baxter, the motion carried unanimously. SECOND READING OF ORDINANCE NO. 147-F, IN MATTER OF AMENDMENTS TO CERTAIN MAPS, WELD COUNTY COMPREHENSIVE PLAN: Commissioner Kirkmeyer moved to read Ordinance No. 147-F by title only. The motion, which was seconded by Commissioner Webster, carried unanimously. Mr. Barker read the title of said Ordinance into the record. No public testimony was given. Commissioner Baxter moved to approve Ordinance No. 147-F on second reading. Seconded by Commissioner Webster, the motion carried unanimously. Chairman Hall recessed the meeting in order to allow staff more time to research the Recorded Exemption. Upon reconvening, Ms. Dunn stated the Special Review Permit does cover the entire ten acres. Mr. Barker noted the Special Review Permit would require an amendment to vacate the five acres proposed as Lot B. Mr. McLaughlin requested any condition, etc. which would allow the Recorded Exemption to be approved today, since the closing on the sale of Lot A is scheduled for this week. After discussion among the Board and legal staff, Commissioner Kirkmeyer moved to continue this matter to Wednesday, May 17, 1995, at 9:00 a.m., to allow legal and Planning staff to determine whether this change can be made administratively. Seconded by Commissioner Webster, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 147-E was approved on final reading, and Ordinances No. 180-A and 147-F were approved on second reading. Minutes, May 15, 1995 951021 Page 4 BC0016 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 10:20 a.m. ATTEST: Weld County Ci �{' �„ • �'+ h ' �' BY S r F ! YU Deputy Clerk the Board BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COO Dale)(. Hall, Chairman arbar3'J. Kirkmeyer, IPrp•Tem George E. Baxter FXr.I !SFII Constance L. Harbert /f �2 . W. H. Webster Minutes, May 15, 1995 951021 Page 5 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO MAY 15, 1995 TAPE #95-16 ROLL CALL: MINUTES: WARRANTS: ATTEST: Weld Coun BY. Deputy Clerk to 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 15, 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, Carol Harding Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of May 10, 1995, as printed. Commissioner Webster seconded the motion, and it carried unanimously. Carol Harding, Department of Finance and Administration, presented the warrants for approval by the Board in the amount of $293,329.30. Commissioner Webster moved to approve the warrants as presented by Ms. Harding. Commissioner Kirkmeyer 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 WELD COUNTY, COORi DO Dale K. Hall, Chairman A, arbara J. Kirkmeyer, ro-Tem to George E. Baxter FxCtiSFn Constance L. Harbert vv.ebste 951021 BC0016 Hello