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Home My WebLink About20020428 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 20, 2002 TAPE #2002-07 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, February 20, 2002, 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 Glenn Vaad, Chair Commissioner David E. Long, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Robert D. Masden 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 Geile moved to approve the minutes of the Board of County Commissioners meeting of February 13, 2002, as printed. Commissioner Masden seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings conducted on February 12, 2002, as follows: 1) Violation Hearings; and Hearing conducted on February 13, 2002, as follows: 1)A Site Specific Development Plan and Planned Unit Development Final Plan, S #621, Scott and Crystal Johnson. Commissioner Geile seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed. Commissioner Jerke seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 2002-0428 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $523,338.19 Electronic Transfers - All Funds $485.30 Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to present. NEW BUSINESS: CONSIDER TEMPORARY ROAD CLOSURE OF WCR 21 BETWEEN WCRS 4 AND 6: Frank Hempen, Jr., Director of Public Works, stated this temporary closure is necessary to complete a bridge replacement. Commissioner Geile moved to approve said temporary closure. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE CHAIR TO SIGN -TOWN OF JOHNSTOWN: Bruce Barker, County Attorney, stated this is the standard agreement for sharing Geographic data and he recommends approval. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER AGREEMENT FOR PUBLICATION OF 2002 WELD COUNTY FAIR PREMIUM BOOK AND AUTHORIZE CHAIR TO SIGN - THE FENCE POST: Mr. Barker stated under this agreement the Fence Post will publish 3,500 copies of the 2002 fair book at no cost to the county. Responding to Commissioner Geile, Mr. Warden stated the County has used a variety of vendors in the past; it has not always been the Greeley Tribune. Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Masden, and it carried unanimously. CONSIDER AGREEMENT FOR COPIES OF WELD COUNTY RECORDS AND AUTHORIZE CHAIR TO SIGN - EMPIRE TITLE FORT COLLINS, LLC: Mr. Barker stated under this agreement Empire Title Fort Collins,LLC,will be purchasing compact disks containing images of the Weld County Clerk and Recorder's recorded documents. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Warden stated this cancellation is done in conjunction with year-end closing of the accounting records. He stated the uncollected amounts will be sent to Professional Finance for further attempts to collect the fees. He further stated that although the amounts are taken off the books, the amounts are not forgiven. Responding to Commissioner Jerke, Mr. Warden stated most of the clients are individuals, not companies, so they are more difficult to locate. He added many of the amounts are less than $10.00 for various services which were provided by the Weld County Department of Public Health and Environment. Commissioner Masden moved to approve said Resolution. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER APPOINTMENT TO FAIR BOARD: Commissioner Geile moved to appoint Brent Hopkins to the Fair Board,with a term expiring September 30,2004. Commissioner Long seconded the motion,which carried unanimously. Minutes, February 20, 2002 2002-0428 Page 2 BC0016 CONSIDER REAPPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW BOARD: Commissioner Geile moved to reappoint Susan Bjorland, Barbara Rodgers, and James Whiting to the Child Protection Citizen Review Board, with terms expiring March 4, 2005. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner Masden moved to appoint Susan Gearheart to fulfill an unexpired term ending August 1, 2002. Commissioner Masden seconded the motion, which carried unanimously. PLANNING (OLD BUSINESS): CONSIDER MINOR RESUBDIVISION, S #612, FOR VACATION OF A PORTION OF BLUEBELL AVENUE LOCATED IN ETHERTON SUBDIVISION, FILING #2 - DEPARTMENT OF PUBLIC WORKS: Voneen Macklin, Department of Planning Services, stated she recommends approval of this request, with the addition of one condition requiring approval of the Weld County Utility Board prior to recording the plat. She stated this matter has been scheduled to go before the Utilities Board on March 14,2002. Ms. Macklin stated one of the five referral agencies responded regarding the revised plat. Mr. Hempen stated the residents of Etherton Subdivision requested the south end of Bluebell Avenue be vacated. He indicated the location of the site and stated Bluebell Avenue is currently a dead end street with a sand and gravel surface. He gave a brief summary of the events leading up to this hearing and stated following several meetings between the residents, Department of Public Works, and City of Greeley, some improvements have been agreed upon. He stated the City of Greeley still has concerns regarding an adequate turn around area for emergency vehicles and fire safety issues. Mr. Hempen stated on February 13,2002, City of Greeley staff met with the residents of the neighborhood to discuss options for a better turn around and the requirement of several fire hydrants which would require an extension of the existing water line. He stated vacation of this portion of roadway will inhibit future circulation for development to the south. Greg Thompson,City of Greeley Planning Manager,stated following discussions there is not an agreement because the residents have indicated all of the upgrades will be cost prohibitive. Mr. Thompson stated the City Planning Commission and local fire department have indicated concerns regarding poor connectivity, noncompliance with the Fire code, and costs associated with the upgrades, therefore, he recommends the Board deny this request to vacate the portion of roadway. Mr. Thompson further suggested the Board consider future discussions regarding a Master Plan for future development of this area. Jared Moravec, Union Colony Fire Protection Engineer, stated upon review of this request the Union Colony Fire/Rescue Authority recommends denial. He stated the vacation would restrict access, require a better turn around option, new fire hydrants, and significant upgrades to the current water line for appropriate fire flow. Responding to Commissioner Geile, Mr. Moravec gave a brief explanation of fire flow requirements and added there is no difference in requirements for urban, suburban, or rural areas. He further stated Lots 1 and 2 are at the end of Bluebell and if the vacation is approved those two residences would require fire sprinkler systems due to impaired access. He stated the only exception would be prohibiting any obstructions to ensure access and eliminate the need for sprinklers. In response to Commissioner Jerke, Mr. Moravec stated although the lots are larger resulting in less potential for fire spread, the fact remains that the minimum required fire flow for a Single Family Dwelling Unit is 1,000 gallons per minute unless there are sprinklers. Responding to Chair Vaad, Mr. Moravec stated with larger lines and three fire hydrants, the residents would benefit from better insurance rates. Don Brown, neighborhood resident,stated he lives on Lot 2 and he appreciates this opportunity to explain the request. Mr. Brown stated the area to the west has been developed with 19 lots in comparison to only seven along the western side of Bluebell Avenue. He stated this area is still semi-rural in nature, and he gave a brief explanation of the location of existing irrigation ditches, as indicated on Exhibit K, which Minutes, February 20, 2002 2002-0428 Page 3 BC0016 provide water for irrigating the pastures, yards and gardens along Bluebell Avenue and Cherry Avenue. He stated the double line at the bottom is the 8-inch water main that was added to connect to the four-inch water main that extends north along Bluebell Avenue. He stated it would not be difficult to add a hydrant along the south end of Bluebell Avenue to serve the homes,and he displayed various turn around designs. He stated the 60-foot right-of-way is platted and allows for a 20-foot hammerhead design. Mr. Brown read portions of the 1997 Fire Code for the record regarding dead ends and water supply requirements. He stated there is only one house that has been constructed since 1997, and the building permits were approved without fire hydrants or sprinkler requirements. He stated the neighborhood's proposal would upgrade the existing conditions,and he stated allowing traffic to flow through to the south would drastically change the character of the neighborhood. He stated if three fire hydrants and an eight-inch line is required up to 20th Street, the cost would be too much for many of the residents who are on a fixed income. Mr. Brown stated the recent development has already resulted in an increased number of dogs running at large, littering, and vandalism. Responding to Commissioner Jerke, Mr. Brown stated Bluebell Avenue is approximately 55 feet wide at the southern end, and there is adequate room for the proposed hammerhead turn around design without encroaching on any of the adjacent properties. He further stated part of the ditch is underground, there is a culvert that leads to the open portion of the ditch, and the residents are willing to pay for modifications to the ditch to allow for construction of the turn around area. Harold Dill, neighborhood resident, stated it is a distance of 398 feet from his front property line to the new sidewalk along Birch Avenue. He suggested most of the houses along Bluebell Avenue could be reached from the new Birch Avenue. Responding to Chair Vaad, Mr. Dill indicated the location of his home. Bobby Maloney, neighborhood resident, stated there is documentation available regarding previous variances granted for hydrant distances and cul-de-sac lengths, which should also justify some deviation in this case as well. Harriet Brotemarkle, neighborhood resident, stated after some phone calls and research she has found no evidence that her fire insurance rates will decrease,even with a fire hydrant within 400 feet of her home. Rebecca Watson, neighborhood resident, indicated the location of her home and stated there is a hydrant on 20th Street that is a little more than 400 feet to the northern most home where her mother lives,which should be adequate to serve the area. Mr. Moravec returned to state the proposed turn around would meet all fire department requirements; however, the number of fire hydrants is still a concern. He stated fire hydrants are measured from improved roadway accesses, not distances which pass through back yards or across other properties. He reiterated a dead end access is difficult to maneuver large emergency equipment, and generally requires shuttling water from a nearby hydrant located off site. He stated placing a hydrant at the end of the Avenue will further restrict circulation once the hoses are laid. Responding to Commissioner Geile, Mr. Moravec stated if all Bluebell were vacated this would still be the access used to service the homes; however, the Fire Authority would still require at least three fire hydrants and an improved water line. He added the issue of who would be responsible for the improvement costs would still need to be determined. In response to Commissioner Jerke, Mr. Barker stated in 1999 the Board of County Commissioners approved a Resolution consenting to enforcement of the 1997 Fire Code by the Western Hills Fire Protection District which includes the Union Colony Fire/Rescue Authority. He stated the Fire District does have authority to enforce the Fire Code in this area and can take legal action to enforce it. He further stated the sections referenced by Mr. Brown do raise the question of whether the requirements apply to residences which existed prior to 1997. Minutes, February 20, 2002 2002-0428 Page 4 BC0016 In response to Chair Vaad, Mr. Hempen stated from 20th Street to the end of Bluebell Avenue as proposed is approximately 1,200 feet, and the Subdivision regulations of Weld County allow 1,500-foot cul-de-sacs. Mr. Moravec stated allowing a hydrant at each end of the Avenue would be at the discretion of the Fire Marshall. He further stated both hydrants will still need to supply 1,000 gallons per minute, and flow tests will still need to be conducted to determine whether some of the other proposed options will be adequate. Ms. Macklin suggested an additional Condition be added to state, "Improvements are required to be completed prior to recording the plat." She stated this would allow for further discussion with the Fire Marshall. Mr. Hempen requested the Board also direct staff as to what improvements are necessary and who will be responsible for making those improvements. Responding to Chair Vaad, Mr. Barker expressed concern with the Board making that determination because the Board delegated that authority to the Union Colony Fire/Rescue Authority and Western Hills Fire Protection District who are responsible for enforcing the Fire Code. Mr. Barker indicated he is not certain who would be responsible for installation of water lines, or whether this vacation triggers the requirement for upgrades. He questioned why this is an issue at this time since the property to the south is privately owned, there has been no easement across that property for the past 30 years, and there has been no concern with fire control in this area in the past. Responding to Commissioner Geile, Mr. Barker stated he needs additional time to review the Fire Code to determine whether the enforcement applies to residences which existed prior to 1997. Mr. Brown returned to indicate the location of the home constructed after 1997. Mike Petron, neighborhood resident, stated he owns the residence on Lot 1, which was built in 1998. He stated when he presented his request to the Board to subdivide the property in 1998,the Board determined it was unnecessary to require fire sprinklers because the subdivision had existed for more than 30 years, and Bluebell Avenue had always existed as a dead end. Mr. Petron stated there used to be a Fire Department on Cherry Avenue; however, it was later consolidated in with the Union Colony Fire/Rescue Authority and no improvements were required at that time. Responding to Chair Vaad, Mr. Barker stated a formal action would be to approve or deny the Minor Resubdivision with the conditions as proposed by the Department of Planning Services. Commissioner Jerke suggested an additional condition be added requiring the hammerhead turn around design and indicating the number and location of the fire hydrants. Commissioner Geile commented the enforcement authority only applies to the residence built after 1997, in which case placing one hydrant at the end of Bluebell Avenue would satisfy the 400-foot requirement. Mr. Barker reiterated the enforcement of fire hydrants and water line size is under the authority of the Western Hills Fire Protection District, so he is not sure the Board has the authority to include a condition with those specific details. Commissioner Jerke commented it may be better to continue this matter one more time to allow further discussion with the Fire Marshall regarding his opinion of the proposed options. Chair Vaad and Commissioners Geile, Masden, and Long concurred. Ms. Maloney returned to request clarification as to who the issue will be discussed with. Commissioner Jerke clarified the meeting should be attended by the residents, County legal staff, the Departments of Public Works and Staff, and the Fire Marshall. Responding to Chair Vaad, Esther Gesick, Deputy Clerk to the Board, stated March 11, 2002, at 9:00 would allow two weeks for review of the matter. Ms. Macklin suggested the matter be continued to a date following the Utility Board meeting to receive input on those issues as well. Jerke moved to continue this matter to March 18, 2002, at 9:00 a.m. to allow further discussion with the Fire Marshall regarding his opinion of the proposed options. Commissioner Long 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. Minutes, February 20, 2002 2002-0428 Page 5 BC0016 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTEST: Luk4 s I� 1 GI Vaad, Chair Weld County Clerk to the ar I a _ 4 y c L teat i��,,sr - t� / 'I'Q David-E. Lon Pro-Tem BY: Deputy Clerk to the Bo.4.y `r'F- c'S s = ' M. J. Gbile " h,7/-4 . hH. Jerke Robert D Masden Minutes, February 20, 2002 2002-0428 Page 6 BC0016 Hello