HomeMy WebLinkAbout951409.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 17, 1995
TAPE #95-24 & #95-25
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 17, 1995, at the hour of 9:00 a.m.
ROLL CALL:
MINUTES:
CERTIFICATION
OF HEARINGS:
READING OF
ORDINANCE
BY TAPE:
ADDITIONS:
CONSENT AGENDA:
PRESENTATIONS:
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 -Tern
Commissioner George E. Baxter
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
Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of July 12, 1995, as printed. Commissioner Harbert
seconded the motion, and it carried unanimously.
Commissioner Baxter moved to approve the hearings conducted on July 11,
1995, as follows: 1) Violation Hearings; and 2) Proposed Siting of Juvenile
Detention Facility upon Portion of Tract A in Weld County Business Park.
Commissioner Webster seconded the motion, which carried unanimously.
Commissioner Kirkmeyer moved to approve the hearings conducted on July 12,
1995, as follows: 1) Change of Zone from C-3 (Commercial) to PUD (Planned
Unit Development) for C-3 (Commercial) uses, Quinlan Construction, Inc.; and
2) Special Review Permit for erection of five (5) private radio towers (140' tall)
in the Agricultural) Zone District, David and Barbara Wilson. Commissioner
Harbert seconded the motion, which carried unanimously.
FIRST READING OF ORDINANCE NO. 149-G BY TAPE: Commissioner
Kirkmeyer moved to approve the first reading of said ordinance into the record
by tape. Commissioner Webster seconded the motion, which carried
unanimously. Bruce Barker, County Attorney, noted the first and last page of
the ordinance are not on tape; therefore, he read them into the record.
Commissioner Harbert added the following under Presentations:
2) Presentation of Governor's Smart Growth and Development Award 1995 -
Stan Sessions.
Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
PRESENTATION OF FAIR BOOKS TO BOARD - WELD COUNTY FAIR
QUEENS: Tawnya Orr and Shelly Parker presented the 1995 Weld County Fair
Books to the Board, and each gave a brief overview of herself and the Fair,
which will be August 2 through 8, 1995.
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PRESENTATION OF GOVERNOR'S SMART GROWTH AND DEVELOPMENT
AWARD 1995: Stan Sessions gave a presentation on said award for which
there were over 200 nominations and 32 awards given. He presented the
award to the Board and applauded Weld County on its effort on the revised
Comprehensive Plan.
COMMISSIONER
COORDINATOR
REPORTS: No reports were given.
PUBLIC INPUT: No public input was offered.
WARRANTS:
BUSINESS:
NEW:
Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
General Fund
Handwritten Warrants:
Payroll Fund
$ 108,183.15
$ 23,783.50
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC'S
MIGRANT HEAD START PROGRAM AND WEST CENTRAL BOCES AND
AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Human Services Director,
explained this agreement is to provide FENWC with recruiter services to migrant
families who are eligible for enrollment in the summer Migrant Head Start
Program in Olathe, Colorado. Commissioner Baxter moved to approve said
agreement and authorize the Chairman to sign. The motion, seconded by
Commissioner Webster, carried unanimously.
CONSIDER CANCELLATION OF GENERAL FUND WARRANTS IN AMOUNT
OF $8,468.66 FOR JUNE 1995: Commissioner Webster moved to approve said
cancellation, and Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER DONATION TO STATE OF PORTION OF TRACT A IN WELD
COUNTY'S NORTH BUSINESS PARK FOR SITING OF YOUTH DETENTION
FACILITY, AUTHORIZATION OF STAFF TO COMPLETE THE DONATION,
AND AUTHORIZATION FOR CHAIRMAN TO SIGN ALL NECESSARY
DOCUMENTS: Mr. Barker explained a public hearing was held on July 11,
1995, concerning donation of slightly over four acres of land in the Weld County
Business Park PUD to the State. Commissioner Harbert stated the facility is
needed badly and noted the financial impact on Weld County to transport
juveniles from other facilities to Court. She stated Weld County cannot afford
to build its own facility at this time. Commissioner Baxter stated there was
substantial testimony from those who deal with juveniles on a daily basis
indicating support for this facility, which will benefit the area. Chairman Hall
agreed with Commissioner Baxter; however, he stated the election on June 13,
1995, to amend the Home Rule Charter to require a vote of the people for
correctional facilities must be upheld. He noted the State Attorney General's
Office is working on a response concerning the use in a PUD. Chairman Hall
also stated the need for a new Weld County jail is more important than this
facility. Commissioner Kirkmeyer also agreed with the previous comments,
reiterating the need for the facility and the need for a vote of the people.
Commissioner Webster questioned whether the June 13, 1995, vote was
representative of all of Weld County, agreeing the facility is needed. He also
noted, based on the State's testimony, the facility needs to be centrally located
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Page 2 BC0016
PLANNING:
in Weld County. Commissioner Webster stated the County has the money to
build the jail, which, if not built, will be capped and some prisoners will be
released because there will not be enough jail space. He stated the facilities
have to be built for the good and betterment of Weld County. Commissioner
Baxter moved to donate said land to the State, noting the importance of the
Weld County jail, which he hopes will not be affected by this decision. He
reiterated this facility is necessary and problems may occur with delaying the
project. Commissioner Webster seconded the motion, and Commissioner
Kirkmeyer questioned whether the conditions discussed at the July 11, 1995,
hearing could be included in the motion. Mr. Barker suggested the following
conditions be included: the facility must be maintained as a juvenile facility only;
all juveniles must be Weld County residents; and the facility may not be
transferred to a private party. If any of the stated conditions are broken, the
land will revert back to Weld County. Commissioner Kirkmeyer confirmed the
Board may add other conditions if necessary. Commissioners Baxter and
Webster agreed to amend the motion to add said conditions. Commissioner
Webster stated he hopes the City Council sees the urgency of this matter and
agrees. Chairman Hall reiterated his opinion that this matter should be put to
a vote of the people and stated he would vote against the motion.
Commissioner Kirkmeyer agreed and stated she would also vote against the
motion. On a roll -call vote, the motion carried three to two, with Commissioners
Kirkmeyer and Hall voting nay.
CONSIDER REQUEST FOR PREADVERTISEMENT OF USR #1089 FOR
PRIMA OIL AND GAS COMPANY: Shani Eastin, Planning Department, stated
there has been some confusion with the applicant, and he is not present;
therefore, she requested this matter be continued to Wednesday. Ms. Eastin
stated staff has concerns if the request is denied, since the applicant is not
present. After discussion, this matter was moved to later on the agenda,
preceding Ordinance No. 147-G.
CONSIDER RE #1739 - OSTER: Ms. Eastin reviewed said request and entered
staffs favorable recommendation into the record. Responding to questions from
the Board, Larry Intermill, Intermill Land Surveying, stated a shared access
between Lots A and B may be possible; however, a study would need to be
completed. He confirmed the Conditions of Approval are agreeable and
reiterated the shared access is acceptable if physically possible, which will be
determined by the preliminary work on the location. Commissioner Harbert
suggested Mr. Intermill work with the Public Works and Planning Departments
concerning the location of the access. Mr. Barker read language for the addition
of Condition of Approval #3 concerning the shared access. No public testimony
was offered. Commissioner Kirkmeyer moved to approve RE #1739 for Floyd
and Blanche Oster, including Conditions of Approval #1 and #2 and the addition
of #3. Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER RE #1750 - NUSBAUM: Ms. Eastin reviewed said request and
entered staffs favorable recommendation into the record. (Changed to Tape
#95-25.) Robert and Rhanda Nusbaum confirmed the acceptance of the
Conditions of Approval and that no additional accesses will be created. No
public testimony was offered. Commissioner Webster moved to approve
RE #1750 for Robert and Rhanda Nusbaum, with the Conditions of Approval.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER ZPMH #1968 - BAROS (CONT. FROM 07/12/95): Chris Goranson,
Planning Department, reviewed said request and entered staffs favorable
recommendation into the record, noting the City of Evan's concerns have been
addressed. He confirmed 70 percent of the surrounding property owners have
signed the necessary petition, and the site is located in a mobile home park in
Valley View Subdivision. Ms. Eastin clarified the subdivision is predominantly
mobile homes and modulars, with some being on foundations. Josie Baros,
applicant, confirmed the mobile home would be blocked and agreed to the
Conditions of Approval. After additional comments from Ms. Eastin, Chad
Phillips, Planner for City of Evans, voiced concerns about future problems with
Minutes, July 17, 1995 951409
Page 3 BC0016
accumulation and open space. The Board members suggested the City of
Evans address concerns in its Comprehensive Plan and enforce more
restrictions if and when the subdivision is annexed into Evans. Ms. Eastin
confirmed the subdivision is not laid out as a mobile home park, and the
structure must be larger than 8' X 32' to require a permanent foundation. After
further discussion, Commissioner Harbert moved to approve said request with
the Conditions of Approval. Commissioner Webster seconded the motion,
which carried unanimously. Chairman Hall suggested Evans and the County
get together regarding the Urban Growth Boundary in the Comprehensive Plan.
CONSIDER REQUEST FOR PREADVERTISEMENT OF USR #1089 FOR
PRIMA OIL AND GAS COMPANY: A representative from Prima Oil and Gas
Company stated he is present at this meeting concerning the Comprehensive
Plan and is not familiar with this request. Commissioner Kirkmeyer stated the
applicant's letter of request includes sufficient reason for requesting
preadvertisement, and she moved to approve said request. Commissioner
Webster seconded the motion, which carried unanimously.
Let the record reflect a recess was taken at 10:10 a.m. to allow the
Commissioners to convene as the Social Services Board. The Board of County
Commissioners reconvened at 10:25 a.m.
Let the record also reflect that Lee Morrison, Assistant County Attorney, is now
the attorney of record.
FIRST READING OF ORDINANCE NO. 147-G, IN MATTER OF REPEALING
AND REENACTING COMPREHENSIVE PLAN ORDINANCE: Monica Mika,
Planning Department, presented the Board with information received last Friday
afternoon from the Colorado Oil and Gas Association (COGA). Ms. Mika
reviewed the revisions to the Comprehensive Plan including the following:
Urban Growth Boundary (UGB) and maps; recognition of the 1-25 area; open
space; bike trails and byways; wildlife preservation; and commercial and mineral
deposits and oil and gas deposits. She noted the Environmental Quality section
of the Ordinance will be changed later this Fall. The Board, Ms. Mika, and Mr.
Morrison discussed potential modifications to the second reading of this
ordinance concerning specific language in certain sections. After further
discussion, Bonnie Dean, member of Comprehensive Plan Advisory Board,
confirmed the boundaries of the MUD were not considered by the Advisory
Board. Wallace Grant, President of the St. Vrain Sanitation District, requested
the northern portion of the MUD Area be left in the Comprehensive Plan for
financial viability and to assist in extending sewer service. He also reviewed the
history of the plans for the Sanitation District and the MUD Area. Vern Nelson,
Nelson Engineers, discussed the topography of said District and Area, which
does not require pumping, and reiterated reasons for the area to remain in the
MUD Area. He noted the Service Plan for the District is reviewed annually, and
the six proposed additions could be included in the Area without a pumping
station. Sharon Hopper questioned the District's volume, and Mr. Wallace
confirmed it was less than 50 percent, with capacity for substantial growth and
expansion. Mr. Morrison confirmed expansion of the treatment facility would not
entail an election unless it changes the levy. Mary Brammer of Kersey,
Colorado, voiced numerous concerns and stated rural growth and small
acreages need to be addressed. She also stated copies of the Plan were not
available to the public and some people were told the Plan was already
finalized. Ms. Mika addressed Ms. Brammer's concerns, and the Board
encouraged her to take advantage of the time before the second and third
readings to better prepare her issues. The Board also confirmed the Plan will
not be effective until August 22, 1995. Chad Phillips, Planner for the City of
Evans, stated the City supports the Ordinance as it is and addressed certain
sections, indicating the City of Evan's draft Comprehensive Plan is almost ready
for Weld County's review. Jeff Wellborn, representing several oil and gas
companies and COGA, reviewed the information earlier submitted to the Board
by Ms. Mika, noting those people he represents would like to be more involved,
are opposed to some of the changes, and would like to meet with staff.
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Page 4 BC0016
Charles Kuechenmeister, Attorney for Town of Platteville, indicated support of
the changes and requested adoption of the Ordinance as currently written,
specifically addressing oil and gas matters. He also commented on the UGB
Area and Platteville's Intergovernmental Agreement with the County. John
Donley, Chairman of the Comprehensive Plan Advisory Board, stated the
Advisory Board is prepared to meet again to review the oil and gas input rather
than negotiating with staff and/or the Board of Commissioners. He noted the
Advisory Board did not hear from anybody regarding oil and gas matters.
Caroline Bolthoff stated she attended several meetings and feels there is
enough room for oil and gas, agriculture, wildlife, etc., in Weld County, which is
a beautiful place. Bill Hall agreed the Plan is taking good direction; however, he
would like to see the Plan encourage acreage -type parcels, for which a huge
demand exists, and which could create buffer zones between agricultural areas
and municipalities. Commissioner Harbert stated helpful input has been
received and will be considered, and she thanked everyone for their time.
Commissioner Webster complimented the members of the Advisory Board,
who's input has been very beneficial. Commissioner Harbert noted all members
are volunteers and very dedicated. Commissioner Kirkmeyer moved to approve
Ordinance No. 147-G on first reading as written, with possible changes to occur
on second and third readings. Commissioner Baxter seconded the motion and
encouraged instructives to be in writing and submitted to Planning prior to future
readings. The motion carried unanimously.
RESOLUTIONS AND
ORDINANCES:
The resolutions were presented and signed as listed on the consent agenda.
Ordinance No. 147-G 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.
There being no further business, this meeting was adjourned at 12:10 p.m.
BYlQ cX L %}1tJ lrJ
Deputy Clerk td the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO O';r.O
,George E. Baxter
-aIto
Constance L Harbert
W. H. Webs
eri 1/022-ePelt0
Minutes, July 17, 1995 951409
Page 5 BC0016
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JULY 17, 1995
TAPE #95-25
ROLL CALL:
MINUTES:
WARRANTS:
BY
Deputy Cle
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, July 17, 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
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Commissioner Webster moved to approve the minutes of the Board of Social
Services meeting of July 12, 1995, as printed. Commissioner Baxter seconded
the motion, and it carried unanimously.
Shelly Miller, Acting Clerk to the Board, presented the warrants for approval by
the Board in the amount of $272,234.67. Commissioner Harbert moved to
approve the warrants as presented by Ms. Miller. 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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COLQRAD
o the Board
Dal K. Hall, Chairman
Georgd E. Baxter
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