HomeMy WebLinkAbout981245.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 20, 1998
TAPE #98-18 and #98-19
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 20, 1998, 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 Constance L. Harbert, Chair- EXCUSED
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer- EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County
Commissioners meeting of July 15, 1998, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings conducted
on July 14, 1998, as follows: 1)Violation Hearings; and Hearings conducted on
July 15, 1998: 1) Special Review Permit #1184, J. Frank and Marian Hobbs,
and 2) Change of Zone from A(Agricultural)to E (Estate) for a five (5) lot Minor
Subdivision - Intermill Subdivision, Larry Intermill. Commissioner Baxter
seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: Commissioner Hall moved to add the following under New Business:
7) Consider Vacation of Portion of East 18th Street - Corrales
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
981245
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $928,219.34
Commissioner Hall moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN -JOHNSON: Martha Kindsfather, Assessor's
Office, recommended approval of this petition. Commissioner Hall moved to
approve said petition and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - KEYCORP LEASING, LTD.: Ms. Kindsfather
recommended approval of this petition based on the review from the appraiser.
Commissioner Baxter moved to approve said petition and authorize the Chair
to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER FORM OF 1998 MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND
AUTHORIZE CHAIR TO SIGN AGREEMENTS WITH VARIOUS ENTITIES -
MASTER VERSION: Lee Morrison, Assistant County Attorney, stated this is an
annual agreement with various municipalities in Weld County to conduct
coordinated elections. He explained the various portions of a ballot are drafted
at the local level and then put together by the County. Mr. Morrison stated the
second form of agreement is a Tabor Notice. He recommended approval of
these forms of agreement for municipalities. Commissioner Baxter moved to
approve the forms of said agreement and authorize the Chair to sign as they are
presented by the Clerk and Recorder. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER FORM OF 1998 INTERGOVERNMENTAL AGREEMENT AND
AUTHORIZE CHAIR TO SIGN AGREEMENTS WITH VARIOUS ENTITIES -
TABOR NOTICE VERSION: Said agreement was explained in the preceding
item of business. Commissioner Hall moved to approve the form of said
agreement and authorize the Chair to sign as they are presented. Seconded
by Commissioner Baxter, the motion carried unanimously.
CONSIDER RESOLUTION RE: APPOINTMENT OF FRANK HEMPEN, JR.
AS COUNTY ENGINEER: Commissioner Hall moved to approve said
resolution. The motion, seconded by Commissioner Baxter, carried
unanimously.
Minutes, July 20, 1998 981245
Page 2 BC0016
CONSIDER ASSIGNMENT OF TAX SALE CERTIFICATES - MCPEEK: Mr.
Morrison stated Robert McPeek took over the former Road 31 Disposal Site in
Fort Lupton on October 14, 1996. He further stated staff is recommending
approval because Mr. McPeek has acquired private tax certificates and has
completed the environmental clean-up. Mr. Morrison explained according to
Section 39-11-122, C.R.S., as amended, the County is allowed to sell tax
certificates for less than face value; however, if the amount is more than
$10,000, it must be reviewed by the State. In response to Commissioner
Baxter, Mr. Morrison explained there is a $13 redemption fee; however, he
recommends the fee be dropped and the certificates be sold for $1.
Commissioner Baxter moved to approve said assignment. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER VACATION OF PORTION OF EAST 18TH STREET -
CORRALES: Mr. Barker explained a notice was mailed last Friday with today's
date rather than July 27, 1998. He recommended hearing public input at this
time and continuing this matter to July 27, 1998. Mr. Barker stated this request
to vacate a portion of East 18th Street is from Abelardo Vega on behalf of
Antonio and Rosalia Corrales, and gave a brief description of the portion of road
to be vacated. Mr. Barker explained the Corrales' are proposing to place a
mobile home on the site; however, this portion of road must be vacated to allow
them enough room for setbacks. In response to Commissioner Webster, Mr.
Barker stated the applicant is not present at this time; however, they will be
allowed to listen to today's record before the July 27, 1998, meeting and
prepare any response they might have. Mr. Barker stated if this portion of street
is vacated the Public Works Department is recommending additional property
from Lot 4 be acquired for construction of a turn lane from Fern Avenue onto
East 18th Street. No documentation has been found stating the County owns
this portion of right-of-way; however, it is open by use as detailed under
Section 43-2-201 of State statute. Commissioner Hall requested the Board hear
from the public at this time and wait until the next meeting to hear from the
Public Works staff.
Richard Oster, surrounding property owner, submitted a letter from Leslie
Lange, surrounding property owner, marked Exhibit A. Mr. Oster expressed
concerns regarding the address that has been assigned to the property and
potential traffic hazards for school buses and fire trucks. He stated the turn
from Fern Avenue onto East 18th Street will be difficult for large vehicles to
maneuver, and a building on Lot 4 will block the view of on-coming traffic.
Commissioner Webster clarified that Public Works representatives, as well as
himself have visited the site several times and discussed possible solutions to
the problem. (Clerk's note: Changed to Tape#98-19.) Commissioner Baxter
stated he is aware that the turn from Fern Avenue onto East 18th Street is a
difficult turn and clarified that if the vacation is approved, a portion of Lot 4 will
be used to broaden the corner.
Susan McMullen, surrounding property owner, expressed similar concerns over
fire trucks and school buses trying to use the proposed route in the winter if this
portion of road is closed. She stated the mobile home will not be connected to
city water and will need a septic system, which may cause problems since it is
Minutes, July 20, 1998 981245
Page 3 BC0016
located on a hill. Ms. McMullen submitted a letter of opposition, marked
Exhibit B, and stated people use the portion proposed to be vacated for walking,
riding horses, and for a safer entrance onto East 18th Street. She further stated
her concern over Mr. Vega being the Corrales' representative because he owns
a non-commercial junkyard across from this property. In response to
Commissioner Baxter, Ms. McMullen stated the City of Greeley told her there
will be no more water taps allowed on East 18th Street. In response to
Commissioner Hall, Mr. Barker stated the application for a Mobile Home Zoning
Permit is complete and is being held until this vacation of road is decided upon
to determine what the setback requirements will be. Ms. McMullen stated she
does not believe there will be enough room for well and septic tank setbacks on
this property. Following discussion, Mr. Barker stated he will answer any
questions the public has following the meeting.
Phil Schlaegle, surrounding property owner, stated he has a concern that this
vacation may prevent him from entering his property and expressed concern
that a leech field has already been constructed before the plan is approved. Mr.
Schlaegle requested the Board deny this request and leave the portion of East
18th Street open. Mr. Barker stated he will check on the possibility of using City
water before the next scheduled meeting.
Commissioner Hall moved to continue this matter to July 27, 1998, at 9:00 a.m.
Seconded by Commissioner Baxter, the motion carried unanimously.
PLANNING: CONSIDER ZPMH #2103 - CASTILLO: Ben Patton, Department of Planning
Services representative, gave a brief description of the location of the site, and
stated the applicant submitted the application for a Mobile Home Zoning Permit
on June 10, 1998. He stated the application was complete with the exception
of a petition signed by 70 percent of the surrounding property owners in favor
of the application. The applicant requested a hearing before the Board, rather
than trying to get the required amount of signatures.
In response to Commissioner Hall, Blanca Castillo, applicant, stated the only
time she can ask for signatures on the weekend and generally people are not
home. She further stated one surrounding property owner is in opposition and
has been advising others not to sign her petition.
Jesse Mendoza, surrounding property owner, stated he did sign her petition and
added the Ms. Castillo seems to be well organized, and the trailer appears to
be clean and new. Mr. Mendoza did note some clutter at the site from previous
owners which will need to be cleared, but stated Ms. Castillo is not responsible
for the clutter. Mr. Patton explained this application is being processed through
the Urban Renewal Authority for the rehabilitation of an existing mobile home
on the site. In response to Commissioner Hall, Ms. Castillo stated she is
familiar with the proposed Conditions of Approval; however, she did request
clarification of what she will be required to do. Commissioner Hall stated the
applicant is required to obtain all necessary permits, sewer and water hook-ups,
and meet the minimum setbacks. Ms. Castillo explained the Urban Renewal
Authority has been doing the repairs and addressing all requirements.
Minutes, July 20, 1998 981245
Page 4 BC0016
Commissioner Baxter moved to approve Mobile Home Zoning Permit #2103.
Commissioner Hall seconded the motion, which carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
No Ordinances were approved.
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 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ilue ,�,�.� ' j / EXCUSED
Constance L. Harbert, Chair
Weld County Clerk to - : • "• '
'so O. �)� LeIv1Vt
1* '�.���►`" W. H. e ster, ro-Tem
Deputy Clerk to the // 41
eorge . Baxter
Dale K. all
EXCUSED
Barbara J. Kirkmeyer
Minutes, July 20, 1998 981245
Page 5 BC0016
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