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Home My WebLink About981721.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 16, 1998 TAPE#98-24 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, September 16, 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 Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer 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 Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of September 14, 1998, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 981721 �.: -t.:41 1 •/ BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $641,455.12 Electronic Transfers -All Funds $3,243.20 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion, which carried unanimously. BIDS: PRESENT AND APPROVE BID TO PURCHASE SURPLUS PROPERTY - PURCHASING DEPARTMENT: Mr. Warden stated the Purchasing Department has received three bids to purchase property owned by the County. He opened said bids and explained the two high bidders plus any bid within ten percent of the high bidder may participate in an oral auction. He stated the Board needs to declare said property as surplus and accept the high bid. John Young submitted a bid in the amount of$4,000; Barbara Young submitted a bid in the amount of $3,900; and Clayton Stanley submitted the high bid of $7,000. Mr. Young declined matching the high bid. Commissioner Kirkmeyer declared said property as surplus property and moved to accept the high bid from Mr. Stanley in the amount of$7,000. Seconded by Commissioner Baxter, the motion carried unanimously. BUSINESS: OLD: CONSIDER STANDARD AGREEMENT FOR PERSONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - CONSULTING HEALTH SERVICES, INC. (CON'T FROM 09/14/98): Mr. Warden explained after meeting with the County Attorney, they feel the agreement with Consulting Health Services, Inc., will meet the twenty requirements established by the Internal Revenue Service and recommended approval of said agreement. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. NEW: CONSIDER AMENDMENT TO FINANCING AGREEMENT FOR GREELEY CENTER FOR INDEPENDENCE AND AUTHORIZE CHAIR TO SIGN - NORWEST BANK COLORADO, N.A.: Mr. Warden stated Norwest Bank and the Greeley Center for Independence have agreed to change their original agreement to report financial statements quarterly and maintain a debt service coverage ratio of at least 2:1. Commissioner Hall moved to approve said modifications and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: CONSIDER PROBABLE CAUSE HEARING FOR USR #897 - CAMAS COLORADO, INC.: Monica Mika, Director of Planning Services, stated a request has been received from TuttleApplegate, Inc., to hold a Probable Cause Hearing. Ms. Mika submitted a packet of information to the Board, marked Exhibit D, and read a brief chronology of the Use by Special Review Permit (USR) for the record. She recommended this hearing be deferred to a Show Cause Hearing to allow for public input regarding the site. In response to Commissioner Hall, Ms. Mika stated the Conditions of Approval have not changed; however, there may be new surrounding property owners in the area Minutes, September 16, 1998 981721 Page 2 BC0016 since the original USR was approved in 1990. She further stated there are similar uses in the area, as well as single family residences and farms. Following discussion, Chair Harbert stated for the record that Commissioner Webster did not own the property at the time the USR was approved. Commissioner Kirkmeyer clarified a letter was sent to the applicant in 1984 explaining the applicant should have the plat recorded or the case would be closed; however, the USR was not formally revoked and the plat has not been recorded. Commissioner Hall stated the purpose of this Probable Cause Hearing is to find if the USR was abandoned. Lee Morrison, Assistant County Attorney, stated since the plat has not been recorded, the surrounding property owners have been given no notice that the land has been acquired. Mr. Barker explained the Probable Cause procedure as defined in the Weld County Administrative Manual and reiterated that staff has stated no activity occurred at the site for at least three consecutive years. Gary Tuttle, TuttleApplegate, represented the applicant by giving a brief summary of activities by the company to meet the Conditions of Approval and explained there have been legal problems regarding water issues for the USR. Mr. Tuttle stated the USR was approved in 1990 for C and M Companies and was later purchased by Camas Colorado, Inc., in 1984. Since that time they have purchased Bestway Paving to be used as a construction outlet. Mr. Tuttle stated he has no record of receiving a letter from the planning department as indicated by Ms. Mika, or record of revocation of the USR. He further stated Camas Colorado has been working to solve problems with the water rights at the site which indicates they are working towards commencing use. Mr. Tuttle requested the applicant be granted a six-month extension to finalize the water issues and complete the remaining Conditions of Approval and record the plat. In response to Mr. Tuttle, Commissioner Hall stated if the Board finds the USR has been abandoned, there must be a Show Cause Hearing in order to revoke the original permit. In response to Commissioner Kirkmeyer, Mr. Barker stated according to the Zoning Ordinance, a Show Cause Hearing may be set for six months or an extension of time can be granted. He expressed concern with setting a Show Cause because if the applicant does meet all the conditions, they must still hold the hearing. Mr. Morrison stated by granting an extension of time, the Board is indicating there is no reason for revocation of the permit and the applicant will not need to start over. In response to Commissioner Hall, Mr. Tuttle stated the main reason the plat was not recorded was that the applicant has been trying to resolve the water right issues. Responding to Commissioner Hall, Mr. Morrison defined the words "use" and "commenced" in Section 24.1.5 of the Zoning Ordinance as digging at the site, not anticipating digging. Commissioner Hall commented the applicant appears to have been working to obtain the necessary tools for mining. Mr. Morrison stated in Colorado a common law vested right is not granted until physical work begins. In response to Commissioner Kirkmeyer, Mr. Tuttle stated the applicant anticipates meeting all other Condition of Approval within six months to commence the use at the site. In response to Chair Harbert, Ms. Mika stated the Planning Department has not received evidence of completion of the other Conditions. Commissioner Kirkmeyer clarified granting an extension will require completion of all conditions, recording of the plat, and the use being started. Minutes, September 16, 1998 981721 Page 3 BC0016 Commissioner Kirkmeyer found the Use by Special Review Permit has not been abandoned and moved to grant a six-month extension of time and continue the Probable Cause hearing to the third week in March 1999. Commissioner Webster seconded the motion. Mr. Barker stated a Probable Cause Hearing can be brought before the Board at any time by the Department of Planning Services, so it would only have to be brought back if necessary. Commissioner withdrew the continuance of the Probable Cause Hearing from her motion and moved only to grant a six-month extension of time. Commissioner Webster concurred with the amendment to the motion, and it 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 9:50 a.m. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: b , ,i , ,.I /O�. �.i , ;ems Constance L. Harb-rt, Chair Weld County Clerk t. the -owed 01 ) .dt:0 k ( --- W. H. Webster, 'ro-Tem BY: /'4 _ __ Deputy Clerk t1P=` • toe . Baxter Joe Dalg K. Hall • 3,v/G.L'29,2A. / arbara J. Kirkmeyer Minutes, September 16, 1998 981721 Page 4 BC0016 Hello