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Home My WebLink About952516.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 27, 1995 TAPE #9548 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, December 27, 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 A. Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of December 20, 1995, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PUBLIC INPUT: No public input was offered. 952516 BC0016 WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund Payroll Fund Handwritten Warrants: General Fund Payroll Fund $ 715,810.78 $ 17,738.02 $ 12,941.70 $ 1,480,118.43 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. BIDS: There were no bids to present. BUSINESS: CONSIDER 1996 DANCE HALL LICENSE FOR JUNE M. FAUDOA, DBA LA GARRA: Bruce Barker, County Attorney, stated June Faudoa indicated to him she has been concerned about kids drinking in the parking lot at various times. She explained, because of those incidents, she now closes during the evening hours, except for special events. Responding to Chairman Hall, Mr. Barker indicated it would be best for the Board to grant the license for the entire year than to approve it conditional upon certain hours of operation. In that manner, Ms. Faudoa would be required to use her best judgement about incidents which may arise. Commissioner Webster moved to approve said dance hall license. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER 1996 DANCE HALL LICENSE FOR RAFFERTY'S, INC., DBA RAFFERTY'S: Commissioner Webster moved to approve said license. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING REPLACEMENT OF THE EAST COUNTY LINE ROAD/WELD COUNTY ROAD 1 BRIDGE OVER COAL CREEK WITH THE COUNTY OF BOULDER, COLORADO, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained said agreement is in reference to the placement of a bridge over Coal Creek, and he indicated Boulder County has approved the project. Drew Scheltinga, County Engineer, stated Boulder County has signed the agreement, and the project has been bid out, but not awarded. The low bid received was $141,198.00, which is very close to the estimated $140,000.00. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes, December 27, 1995 952516 Page 2 BC0016 CONSIDER SEVEN AGREEMENTS CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 19 WITH VARIOUS INDIVIDUALS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated personnel from Western States Land Services, Inc. have explained this project to the various landowners and they have secured signed agreements from all seven of the concerned individuals. He explained the company will also secure Deeds of Dedication from the landowners after Board approval of the agreements. Commissioner Kirkmeyer moved to approve said agreements and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER AGREEMENT CONCERNING' IMPROVEMENTS TO WELD COUNTY ROAD 7 WITH ESTHER SWINK AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated this was handled in the same manner as the preceding item of business, and the agreement is ready for Board approval. Western States Land Services, Inc. will then obtain the Deed of Dedication from the landowner. Commissioner Baxter moved to approve said agreement and authorize the Chairman to sign. The motion, which was seconded by Commissioner Webster, carried unanimously. CONSIDER AGREEMENT AND QUIT CLAIM DEED WITH LYLE'S CONSTRUCTION COMPANY, INC., AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated this is in reference to a building in Fort Lupton, located in the Union Pacific Railroad right-of-way, which was transferred by Treasurer's Deed to Weld County on December 16, 1983. The transfer was pursuant to a Tax Sale Certificate held by Weld County for taxes due on the property from 1977 to 1983. Mr. Barker explained that, since 1977, Lyle's Construction Company, Inc. has either occupied the building or leased the building to others. For some reason Weld County did not realize ownership of the building had transferred and Lyle's Construction Company was incorrectly exercising control over the building until Roland Froid of the Assessor's Office discovered the discrepancy in November 1995. In speaking to Lyle Picraux, owner of Lyle's Construction Company, Inc., Mr. Barker determined that in November of 1983 Mr. Picraux redeemed the taxes on two buildings located on the railroad right-of-way. The first building was metal and the second building was the wood building which is under discussion. Mr. Picraux paid the sum of $2,929.30, and his understanding was that the amount was for both buildings. To resolve the problem, Mr. Barker recommends the most equitable solution would be for Lyle's Construction Company to pay an additional sum of $2,895.47 which would bring the taxes up to date. In exchange, the County will transfer ownership to Lyle's Construction Company by Quit Claim Deed. Commissioner Baxter moved to approve said agreement and Quit Claim Deed, and to authorize the Chairman to sign the necessary paperwork. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, December 27, 1995 952516 Page 3 BC0016 PLANNING: SECOND READING OF ORDINANCE NO. 147-C, IN MATTER OF AMENDMENTS TO COMPREHENSIVE PLAN (12/06/95): Commissioner Kirkmeyer moved to read by title only. The motion, which was seconded by Commissioner Baxter, carried unanimously. Mr. Barker read the title of Ordinance No. 147-C into the record. There was no public testimony given. Commissioner Kirkmeyer moved to approve Ordinance No. 147-C on second reading. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER RE #1833 - MOODY: Gloria Dunn, Department of Planning Services, stated this is the first Recorded Exemption to be considered under the new Comprehensive Plan and Subdivision Ordinance. She reviewed the staff summary, staff recommendation and checklist for the record and indicated staff is recommending denial of said request. Ms. Dunn noted the parcel lies within the urban growth boundary area of the Town of Eaton, and a Subdivision Exemption was staff -approved on December 14, 1995, allowing a boundary adjustment along the north boundary of this parcel to increase the size of the Eaton Cemetery. She stated the proposed use for Lot A, which is the site of an existing equipment shed, is to sell to an individual who currently leases farmland in the area for agricultural purposes. Lot B would remain as farmland. Ms. Dunn noted staffs recommendation for denial is based upon the goals set for preserving prime farm land, maintaining the highest level of agricultural use for farm land, and prohibiting encroachment on the agricultural activities of a parcel. Responding to Commissioner Kirkmeyer, Ms. Dunn stated it was the applicant's choice to have the Subdivision Exemption and Recorded Exemption done in conjunction with each other, and she explained the original parcel was 86 acres. With eight acres being subtracted for the Eaton Cemetery boundary adjustment, which was staff -approved, 78 acres remain in the parcel for which a Recorded Exemption is being requested. Chairman Hall also questioned whether a separate parcel is created if the contract to purchase the eight acres, which was staff -approved, falls through. Discussion ensued concerning this issue, with Ms. Dunn stating the plat shows only a boundary adjustment, not a separate parcel, while Mr. Barker agreed with Commissioners Kirkmeyer and Hall that a third parcel is actually created. Chairman Hall then clarified with Ms. Dunn that staffs main reason for recommendation for denial is that it creates an additional building site, as well as the possibility of removing prime farm land on Lot B in the future for a residential site. Chairman Hall informed the applicant's representative, with only four Commissioners present and in case of a tie vote, the absent Commissioner will listen to the tapes of today's meeting and cast the tie -breaking vote. Bruce Johnson, real estate broker who is representing Mr. Moody, stated he is aware of the tie -breaking procedure. He then clarified that proposed Lot A currently has an equipment shed on it and the tenants who are proposing to purchase Lot A are currently leasing approximately 1,000 acres of farm land in the area and wish to use Lot A as their home base for storing equipment. They presently live in houses on other farms under their lease; therefore, they presently have no need for a house on Lot A. Mr. Johnson also stated a residence is not planned for Lot B, and the intent is to leave Lot B as farmland. He discussed the difficulty of doing a boundary adjustment whereby property is actually being transferred; however, the title company will not process the transfer because a legal lot has not been created, thereby making it necessary to do the Subdivision Exemption before the purchase can be completed. He said Minutes, December 27, 1995 952516 Page 4 BC0016 the contract to purchase has recently been completed, and Mr. Moody is ready to consummate that deal. He stated there is no deed available, only the plat shows the line adjustment; therefore, a third lot is not created. Mr. Johnson also pointed out Lot A is not presently being irrigated because of the shed, and impact to agriculture is minimal because a farm tenant will be the one purchasing Lot A for use, and Lot B will still be farmed. Responding to Chairman Hall, Mr. Johnson explained the reason for the shape of Lot A is the location of the shed, as well as allowing access along the ditch to proposed Lot A, which will also be for the benefit of Lot BI. Mr. Johnson reiterated presently there is no need for additional houses, even though the process does allow two buildable lots. Discussion ensued regarding the concerns of staff and the Board for the potential of additional building sites where only one is currently allowed. However, with the approval and completion of the Subdivision Exemption boundary adjustment, the remaining 78 acres would be under the minimum lot size, thereby requiring a Use by Special Review Permit in order for a residence to be built. By approving a Recorded Exemption, the parcel would no longer fall under the rules for a minimum lot size since the Recorded Exemption would actually create the two buildable lots. Discussion centered on whether a condition could be required restricting future residential sites on Lot B of the requested Recorded Exemption; however, with Mr. Moody not in attendance to agree to any conditions or future building restrictions, it was deemed inappropriate to attach conditions at this time. Mr. Johnson reiterated the intent is not to build any residences, however, he does agree both Lot A and Lot B would be buildable sites. Commissioner Kirkmeyer pointed out that Mr. Moody has appeared before this Board a number of times, always stating his intent is to continue the agricultural use of his properties; however, he continues to divide off small parcels which he sells, and he keeps adding buildable lots to what was originally there. Mr. Barker referred to Section 11.5.2 of the Subdivision Ordinance, which identifies the conditions that may be attached, and he recommended the approach of a Conservation Easement which could restrict the construction of a residence for a certain number of years, such as for a ten-year period. He offered the opinion that the Board cannot keep the owner from building a residence; however, it can restrict the timing. After further discussion and noting the applicant's response on the questionnaire concerning building envelopes and Conservation Easements, Commissioner Kirkmeyer moved to continue this matter to January 10, 1996, at 9:00 a.m. to allow Mr. Barker to meet with the applicant and his representative to work out the details of whether this can be approved with some restriction on building sites. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER REQUEST FOR RELEASE OF WARRANTY COLLATERAL IN AMOUNT OF $2731.34 FOR PLEASANT VIEW ACRES MINOR SUBDIVISION, S #340 - ALVIN GEIST, PRISTINE INV., JN: Ms. Dunn stated Alvin Geist, President of Pristine Investments, has requested the release of said collateral. She noted all improvements have been completed; the Public Works Department has inspected the improvements, and both Public Works and the County Attorney's Office recommend release of said collateral. Commissioner Webster moved to approve said request. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes, December 27, 1995 952516 Page 5 BC0016 RESOLUTIONS AND ORDINANCES: Deputy Clerk the Board The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 147-C was approved on second reading; however, it will not be published since the intent of the Board when this matter was tabled on December 6, 1993, was to deny this revision of the Ordinance because all matters were being incorporated into the total rewrite of the Comprehensive Plan, Ordinance No. 147-G. 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 10:10 a.m. BOARD OF COUNTY COMMISSIONERS COUNTY, C9LODO Dale, K. Hall, Chairman ./.4 Q. I Barbra J. Kirkmeyer, i f � George Baxter Fxc-AisFn Constance L. Harbgrt i W. H. Webster / -TeiLm icc�/v� /1 . Minutes, December 27, 1995 952516 Page 6 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO DECEMBER 27, 1995 TAPE #95-48 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, December 27, 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 A. Harding MINUTES: WARRANTS: Commissioner Kirkmeyer moved to approve the minutes of the Board of Social Services meeting of December 20, 1995, as printed. Commissioner Webster seconded the motion, and it carried unanimously. Carol Harding, Finance and Administration, presented the warrants for approval by the Board in the amount of $22,854.95. Commissioner Baxter moved to approve the warrants as presented by Ms. Harding. Commissioner Webster 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. 952516 BC0016 There being no further business, this meeting was adjourned at 10:15 a.m. aigh mty Clerk to the Board BY' , ". Deputy, er 1. the Board BOARD OF COUNTY COMMISSIONERS COUNTY, OL DO Dale K. Hall, Chairman A "Lad ..,/. arbaryJ. Kirkmeyer, Pr George l� g Baxter FxCtisFn Constance L. Harbert i ) W. H. Webster Tem Minutes, December 27, 1995 952516 Page 2 BC0016 Hello