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Home My WebLink About960127.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 5, 1996 TAPE #96-03 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, February 5, 1996, 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 Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tem Commissioner Dale K. Hall Commissioner Constance L. Harbert 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: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of January 31, 1996, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Harbert moved to approve the hearing conducted on January 31, 1996, as follows: 1) Special Review Permit for a commercial business (auto and farm machinery repair) in the A (Agricultural) Zone District, Joe R. Gaona Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES - NANCY PRESSLY, WELD LIBRARY DISTRICT: Chair Kirkmeyer read said certificate into the record recognizing Nancy Pressly for her eight years of service. Ms. Pressly was present to accept said award and her pin from Luella Kinnison, Library Director, who stated Ms. Pressly's services have been greatly appreciated. Ms. Kinnison stated Ms. Pressly will continue to work part-time at the Tri-Area site in Frederick, which is a terrific site. 960127 BC0016 COMMISSIONER COORDINATOR REPORTS: No reports were given. PUBLIC INPUT: No public input was offered. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $ 856,704.24 Electronic Transfer: Payroll Fund $ 76,780.71 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER DUST BLOWING COMPLAINT FOR PROPERTY IN NW'%, S18, T7N, R59W- ROTH AND WAVE: Bruce Barker, County Attorney, referred to the letters of notification for today's meeting which were mailed to the property owners-operators, the West Greeley Soil Conservation Service, and the complainant by his office on January 26, 1996. He noted all return receipts were received; therefore, said letters were received by the parties. Mr. Barker stated Raymond Mowery, Soil Conservationist, responded by letter dated February 1, 1996, indicating he had discussed the complaint with the owners-operators and recommends monitoring the situation at this time and attempting further emergency tillage if future wind events cause soil movement. He reviewed the Board's options and suggested allowing the Soil Conservation Service to monitor and report future problems on the property rather than the Board continuing said matter. After further discussion, Commissioner Webster moved to dismiss said dust blowing complaint considering the West Greeley Soil Conservation Services will be monitoring the property. Commissioner Harbert seconded the motion. Responding to Commissioner Baxter, Mr. Barker clarified each future dust blowing complaint would be handled as a separate matter, with each additional incidence to be brought before the Board. The motion then carried unanimously. CONSIDER DECLARING CERTAIN TELEPHONE EQUIPMENT AS SURPLUS, AUTHORIZE SALE OF SAME TO 1719 INTERNATIONAL, INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Warden referred to the letter from Jacque Armes, Phone Services, recommending acceptance of the bid for$400.00 for the Rolm Redwood Telephone System removed from the Buildings and Grounds facility. Commissioner Harbert moved to declare said equipment as surplus, sell same to 1719 International, Inc., as recommended, and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. Minutes, February 5, 1996 960127 Page 2 BC0016 CONSIDER AGREEMENT FOR PROFESSIONAL CONSULTATION/TRAINING FOR WELD COUNTY JUVENILE DIVERSION PROGRAM WITH SCOTT SHANNON, M.D., AND AUTHORIZE CHAIR TO SIGN: Nancy Haffner, Juvenile Diversion, requested approval of said agreement for professional services provided once per month for 1996. She noted the amount is at the same rate as last year. Commissioner Harbert moved to approve said agreement and authorize the Chair to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER AGREEMENT FOR COMPUTER TAPED ASSESSMENT INFORMATION AMONG ASSESSOR'S OFFICE, TREASURER'S OFFICE, AND LEXIS-NEXIS, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker explained this agreement is similar to previous ones with other companies in which the company will pay for the tape and run of electronically stored data and information from the Assessor's and Treasurer's Offices. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER USEFUL PUBLIC SERVICE AGREEMENT FOR SERVICES BETWEEN USEFUL PUBLIC SERVICE PROGRAM AND COLORADO DEPARTMENT OF AGRICULTURE AND AUTHORIZE CHAIR TO SIGN: Mr. Barker explained the "draft" agreement was returned from the Colorado Department of Agriculture with no changes and an original signature; therefore, he recommends approval of same, with Chair Kirkmeyer initialing the cross-out of the word "draft" on page one. Pamela Linden and Lee Steele, Useful Public Service, explained this agreement will be renewed annually, with the State's consent, as part of the effort to provide consistency in the work site agreements. Mr. Steele concurred that proceeding to make the "draft" the final executed agreement would be the most expedient. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Harbert, and it carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE WELD COUNTY TASK FORCE BETWEEN SHERIFF'S DEPARTMENT AND CITY OF GREELEY POLICE DEPARTMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Barker voiced concerns about Section IV of said agreement. Kim Fliethman, Sheriffs Office, explained the mechanics of the Task Force and the process for disbursement of State forfeited funds. He confirmed the agreement is acceptable and further discussion was held concerning Section IV and the control and disbursement of forfeiture funds, which must be in accordance with grant provisions and State statutes. Mr. Barker referred to his memo to Mr. Fliethman dated August 22, 1995, regarding clarification of said agreement, and, after further discussion, it was determined necessary to rewrite the agreement after further discussion with the City of Greeley. Commissioner Webster moved to table said agreement, and Commissioner Hall seconded the motion, which carried unanimously. Minutes, February 5, 1996 960127 Page 3 BC0016 CONSIDER AGREEMENT FOR RELOCATION OF IRRIGATION DITCH WITH OWNERS OF BRANTNER EXTENSION DITCH AND AUTHORIZE CHAIR TO SIGN: Drew Scheltinga, Public Works Engineer, stated this agreement is for the improvements project on Weld County Road 19 south of Highway 52 to relocate the ditch by February 29, 1996. He explained $1,700.00 will be paid to acquire the new easement from the owners and discussed the guarantee regarding the rate of flow of the water. Responding to questions from the Board, Mr. Scheltinga explained Public Works will be preparing the earth work and building the necessary pad and a contractor will build the concrete flume and excavate the ditch. Mr. Barker and Mr. Scheltinga reiterated the ditch will be more than adequate to deliver the necessary water. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. The motion, seconded by Commissioner Webster, carried unanimously. PLANNING: CONSIDER SCH#15- BRICHER: Shani Eastin, Planning Department, reviewed the history of the subject property and entered staffs recommendation for approval into the record. Responding to questions from the Board, Ms. Eastin confirmed there are two existing accesses to the site. Wendy Bricher, applicant, stated Willow Springs Subdivision has been developed and other residential development has occurred in the surrounding area since the original recorded exemption was denied in 1992. She confirmed the subject property, which is owned by her brother, is now in pasture grass. Commissioner Baxter stated sufficient grounds have been provided justifying substantial change has occurred and moved to approve SCH #15 for Wendy Bricher. Commissioner Webster seconded the motion. Ms. Eastin confirmed approval of this matter will allow Ms. Bricher to apply for a recorded exemption and remove the five-year time limitation. The motion then carried unanimously. SECOND READING OF ORDINANCE NO. 187, IN MATTER OF INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE AND AUTHORIZE CHAIR TO SIGN (CONT. FROM 01/22/96): Commissioner Hall moved to read said ordinance into the record by title only, and Commissioner Baxter seconded the motion, which canied unanimously. Mr. Barker read the title of Ordinance No. 187 into the record. Lee Morrison, Assistant County Attorney, referred to the version of the ordinance marked as Exhibit E and labeled as "02/01/96 w/proposed Platteville Change". He reviewed said changes proposed by the Town of Platteville, and Monica Mika, Planning Director, reviewed a map, Exhibit F for the record, indicating the existing and proposed urban growth boundaries. Robert Thorson, Town of Platteville Administrator, concurred with Mr. Monison and Ms. Mika and further explained the reasons for requesting the proposed changes. Further discussion ensued among the Board, Mr. Thorson, and staff concerning said changes. Molly Sommerville, representing the Colorado Oil and Gas Association and various oil and gas companies, commented regarding proposed Section 4.3(j), aka Section 4.4(j)(iii), and stated the USR process should not be applied to the oil and gas industry, especially in an area which is largely non-urbanized. She clarified she has no objection to removing Section 4.4(ii) regarding the notification process to lessees and owners of oil and gas interests; however, she does not want that to be used to bring back Minutes, February 5, 1996 960127 Page 4 BC0016 the USR requirement. After further comment from Ms. Sommerville and in response to questions from the Board, Mr. Morrison confirmed the language in Section 4.4(j)(ii) is redundant but may be left in the agreement if so desired. Responding to further questions from the Board, Mr. Thorson confirmed the Planning Commission and the Board of Trustees fully support this agreement and the majority of the surrounding property owners, once all matters were clarified, are also very receptive. He clarified the Town originally requested Section 4.4(j)(iii)be deleted, but the oil and gas industry requested it remain. Mr. Morrison and Ms. Mika reiterated the proposed changes, and further discussion was held concerning those proposed changes. Mr. Morrison also suggested additional language for Section 4.2 clarifying said section shall not require disapproval of a recorded exemption only because the smaller parcel is less than 2.5 acres. Commissioner Hall then moved to approve the proposed changes, as amended, to Sections 2.4, 2.5, 3.3, and 4.3(b), the addition of language proposed by Mr. Morrison to Section 4.2, and the deletion of the entire Section 4.4. Commissioner Harbert seconded the motion. Mr. Morrison clarified that the deletion of Section 4.4 was not because the Board intends to instill the USR requirement for the oil and gas industry. The motion then carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 187 was approved, with amendments, on second 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 10:35 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �[ / a i E %1 f !r Y 1 Barbara J. Kirkmeye , Chair t:Aar Weld County Clerk to the Bo rj� (0) ' gee E. Baxter, o-T BY: Deputy Clerk to the Board s / . Hall H i‘ / Constance/ L. Harbert r 1 W. H. Webster Minutes, February 5, 1996 960127 Page 5 BC0016 Hello