HomeMy WebLinkAbout961153.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 1, 1996
TAPE #96-17 AND #96-18
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,
July 1, 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 - TARDY
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 June 24, 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
ADDITIONS: Mr. Warden added the following under New Business: #7) Consider Lease
Agreement with Colorado Recovery Properties, LTD. V Partnership, and
authorize Chair to sign.
CONSENT AGENDA: Commissioner Hall 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.
961153
BC0016
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 1,319,548.07
Electronic Transfer:
Payroll Fund $ 1,646,179.80
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER PROPERTY LEASE BETWEEN FENWC AND SJB CHILD
DEVELOPMENT CENTERS, INC., AND AUTHORIZE CHAIR TO SIGN: Walt
Speckman, Human Services Director, stated this is a short-term lease for
additional space for a six-week period. Commissioner Baxter moved to approve
said lease and authorize the Chair to sign. The motion was seconded by
Commissioner Webster, and it carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC
AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
MIGRANT HEALTH PROGRAM, AND AUTHORIZE CHAIR TO SIGN: Mr.
Speckman stated this agreement has been used for several years and is very
beneficial. Commissioner Webster moved to approve said agreement and
authorize the Chair to sign. Commissioner Baxter seconded the motion, which
carried unanimously.
CONSIDER DUST BLOWING COMPLAINT - S20, T2N, R62W (PEACOCK):
Bruce Barker, County Attorney, stated said complaint came from the Joel
and Linda Shoeneman, whose pasture crop and roadway to the pasture is
being covered by sand. He confirmed notice of this hearing was sent to the
property operator, Shoenemans, and the Soil Conservation Service, with the
property owner, James Cooper, being recently deceased and the property being
in an estate. Mr. Barker distributed copies of a map of Sections 20 and 21 and
stated he believes the soil is blowing from the SE% of Section 20. He also
provided the Board with criteria for findings for dust blowing citations. Sylvia
Gillen, Resource Conservationist for the Natural Resources Conservation
Service, stated she made several attempts to contact Mr. Peacock, property
operator, but was unsuccessful until Friday, June 28, 1996. She confirmed the
soil has been blowing for some time; however, Mr. Peacock has control of only
the SE% of Section 20, which he intends to plant in wheat in August or
September of 1996. Ms. Gillen stated the soil is sand and will blow if no
vegetation covers it. She then recommended planting the property back to
grass if no other cover works and suggested planting sorghum now, then
Minutes, July 1, 1996 961153
Page 2 BC0016
planting wheat in September 1996. Responding to questions from the Board,
Ms. Gillen stated the most significant winds are usually between November and
May, and Mr. Peacock has attempted to stop the blowing by ripping the ground.
Joel Shoeneman submitted several photos of the property and stated he has
tried to deal with Mr. Peacock over the past couple of years, which has been
unsuccessful. He stated over 100 feet of his grass is covered and his fence
lines are filled with sand. Mr. Shoeneman stated the road, which was
established in 1918 and which he uses to access his corrals, cannot be used or
accessed at this time. He reiterated the 35 acres of blowing sand needs a cover
crop immediately to protect access, crops, the fence line, etc. Responding to
further questions from the Board, Linda Shoeneman reiterated they cannot
access their corrals with a trailer or semi, and Mr. Peacock has plowed, bladed,
and moved the road about ten feet. She reported Weld County Road 77 to the
south is maintained but is a "wagon road" to the north. Ms. Shoeneman noted
the road had a solid road base before it was moved, but it now blows. Mr.
Barker clarified the road from which the soil is blowing is not a maintained Weld
County road and is used more as a private road. He noted the main issue is the
dust blowing and damage. Ms. Shoeneman noted the road had been an
established use for 40+ years, and Mr. Shoeneman stated the gateway to the
corrals is completely filled. Ken Peacock, property operator, stated he
understood the property was landlocked concerning access, and the oil
companies pay to use the road. He stated he had a wheat crop planted last fall
which blew and was replanted, then blew again and was chiseled. He
confirmed he bladed and moved the road over as maintenance and stated he
feels harassed by Mr. Shoeneman. Mr. Peacock stated he will plant wheat in
August 1996, then fallow with chemical treatment. Responding to questions
from the Board, Mr. Peacock confirmed the owner of the property died and he
has farmed the property himself for the last two years. He stated he is share
cropping and rotating fallow wheat, noting the soil has blown and the fence line
and part of the pasture have been covered for years. Mr. Peacock also clarified
the road is open, and he drives it every day. He also stated Mr. Shoeneman
drives into his field and on his wheat. After discussion and responding to
questions from the Board, Ms. Gillen reiterated the preferable option would be
to plant sundangrass or sorghum as soon as possible, which may help the
wheat become established when planted, then chemical fallow if necessary.
She stated the other option would be to plant wind buffer strips approximately
80 feet apart.
Let the record reflect Commissioner Harbert is now present.
Mr. Barker confirmed the road was established in 1918 and there is 60 feet of
County right-of-way, but it is not maintained by the County; however, the public
has a right to use it and the neighbors normally maintain such roads. Chair
Kirkmeyer stated she wants no further hindrance of the right-of-way. (Changed
to Tape #96-18.) Mr. Barker explained the findings and order pursuant to
Statute allow the County to charge $15.00 per acre for emergency tillage. Mr.
Peacock agreed with Ms. Gillen's recommendation to plant grass or a wind
Minutes, July 1, 1996 961153
Page 3 BC0016
buffer within the next week. He explained he understood the right-of-way for
said road was traded to create Weld County Road 75.5. He clarified he fixed
and maintained the road and everybody else drives on it, but he would like Mr.
Shoeneman to stay out of his field. Mr. Barker clarified there is no resolution or
deed in the road file indicating that said right-of-way was traded. Chair
Kirkmeyer noted the files shows the road is Weld County right-of-way, which
cannot be moved, and she reiterated she does not want the public right-of-way
hindered. Mr. Peacock reiterated he does not want Mr. Shoeneman in his field.
Mr. Barker clarified the right-of-way is 30 feet from either side of the section line
and stated the best way to determine the exact right-of-way is to obtain a
survey. Commissioner Baxter moved to find an emergency exists and damages
are being done; therefore, the problem must be remedied by planting the area
adjacent to the road and controlling erosion, with follow-up by the Soil
Conservation Service, and no further interference with the right-of-way access
shall occur. Commissioner Webster seconded the motion, and Chair Kirkmeyer
clarified Mr. Peacock must follow Option 1 in the letter dated June 28, 1996,
from the Conservation Service, which Mr. Peacock can further discuss with Ms.
Gillen; and she again reiterated that no further interference shall occur with the
public right-of-way access. Commissioner Webster clarified Mr. Shoeneman
shall not access Mr. Peacock's property. Chair Kirkmeyer confirmed the right-
of-way problem will be remediated and that the owner is deceased; therefore,
the property is in a trust and Mr. Peacock is the occupant. The motion carried
unanimously, with Commissioner Harbert abstaining.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 100
BETWEEN WELD COUNTY ROAD 27 AND LARIMER COUNTY ROAD 3:
Commissioner Hall moved to approve said closure, and Commissioner Baxter
seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 72
BETWEEN WELD COUNTY ROADS 45 AND 47: Commissioner Hall moved to
approve said closure, and Commissioner Webster seconded the motion, which
carried unanimously.
CONSIDER CHANGE ORDER NO. 1 WITH ROCHE CONSTRUCTORS, INC.,
AND AUTHORIZE CHAIR TO SIGN - NORTH JAIL COMPLEX: Mr. Warden
stated this change order deletes a fuel storage tank for the emergency power
generator, which is a decrease of $19,576.00, and adds the installation of
touch-activated switching in lieu of AML micro switches, which is an increase of
$11,887.00; thus, the total is a deduct of $7,689.00. Commissioner Webster
moved to approve said change order and authorize the Chair to sign. The
motion was seconded by Commissioner Baxter. Chair Kirkmeyer confirmed
these changes were at Weld County's request, and the motion carried
unanimously.
Minutes, July 1, 1996 961153
Page 4 BC0016
CONSIDER LEASE AGREEMENT WITH COLORADO RECOVERY
PROPERTIES, LTD. V PARTNERSHIP, AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated this lease is for Suite #202 at 710 11th Avenue in the
Greeley Building where Social Services and Housing Authority offices are
located. He stated the term is through October 31, 1998, and the lease is paid
100 percent by State and Federal funds. Commissioner Hall moved to approve
said lease agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Harbert, and it carried unanimously.
PLANNING: CONSIDER RE#1888-KERBS: Gloria Dunn, Planning Services, reviewed staff
recommendation, with concerns, and responded to questions from the Board.
She confirmed the access to proposed Lot A is existing and will be shared with
proposed Lot B. Ms. Dunn also stated the site is within one mile of the
incorporated boundary of the Town of Mead and is one and one-half miles east
of 1-25. Don Carroll, Public Works Department, submitted photos of the existing
access below the hill and the sight distance as Exhibit A for the record. He
reviewed his concerns regarding sight distance and noted the applicants have
obtained minimum sight distance by shaving dirt off the hill. Mr. Carroll stated
the rye will be mowed along the road, and one access onto Weld County
Road 13 should be closed. Richard Lyons, Attorney representing the
applicants, distributed a corrected map of the property as Exhibit B for the
record. He stated he believes the property is one mile from Mead's Planning
Area, but is one and one-half or two miles from the incorporated boundary of
Mead. Mr. Lyons also noted the access to the historical farmhouse has existed
for 70 to 80 years and reiterated the applicants shaved the hill and raised the
access for sight distance. He also agreed to swap accesses by abandoning the
access through Lot B and using the Weld County Road 34 access where the
mailbox is; therefore, the same number of accesses will exist. Mr. Lyons
confirmed all of Planning's concerns have been met and noted the strip of
ground along the highway is very poor farmland. He accepted all Conditions of
Approval as recommended by staff and stated the applicants are willing to agree
to no subdivision applications for five years and no further recorded exemption
applications for ten years. Jacob Kerbs, applicant, explained he needs to make
money by selling a portion of his property without losing the rest. He noted his
north access to Weld County Road 13 is used by the school buses as a turn-
around point and also by oil companies; therefore, he is not willing to close it.
Ms. Dunn referenced Condition of Approval#3 and confirmed Mr. Kerbs agrees
to abandon the access as a residential use. Responding to further questions
from the Board, Mr. Kerbs stated the strip of land along the road is too steep to
farm and badly eroded; however, it will make an acceptable home site. Mr.
Carroll referenced Condition of Approval #2.d. concerning adequate sight
distance and stated the proposed buyer may shave the hill even more as a
safety factor. Two photos of the property were also submitted as Exhibits C
and D. After further discussion, Commissioner Webster moved to approve RE
#1888 for Jacob and Ellen Kerbs with Conditions of Approval, including the
amendment to Condition of Approval #3. Commissioner Hall seconded the
motion, which carried unanimously.
Minutes, July 1, 1996 961153
Page 5 BC0016
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 10:30 a.m.
4 BOARD OF COUNTY COMMISSIONERS
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Barb a J. Kirkmey r, Chair
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Deputy Cler C. the Board
Dale K. Hall
Constance L. arbe
W. H. Webster
Minutes, July 1, 1996 961153
Page 6 BC0016
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