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Home My WebLink About941544.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 31, 1994 TAPE #94-34 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, August 31, 1994, 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 W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter - ABSENT Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of August 29, 1994, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Hall moved to approve the hearing conducted on August 29, 1994, as follows: 1) Amendments to Weld County Zoning Ordinance, Ordinance No. 89-BB. Commissioner Harbert seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input offered. (Let the record reflect that Commissioner Baxter is now present. ) WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 241, 745. 76 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. 941544 BIDS: PRESENT AND APPROVE DRILLING WATER WELL, STONEHAM GRADER SHED SITE - PUBLIC WORKS DEPARTMENT: Pat Persichino, Director of General Services, presented the sole bid received from Stewart Well Drilling, Inc. , in the amount of $18,000. He also read a memo from Don Carroll, Public Works Department, requesting emergency approval of said bid to allow timely processing of the well drilling permit. Commissioner Harbert moved to accept the bid of Stewart Well Drilling, Inc. on an emergency basis. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PRESENT CONSTRUCTION OF BRIDGE 23/74A - PUBLIC WORKS DEPARTMENT: Mr. Persichino presented the bids received from six vendors. Said bid will be considered for approval on September 14, 1994. PRESENT CONVECTION STEAMER - SHERIFF'S DEPARTMENT: Mr. Persichino presented the bids received from three vendors. Said bid will be considered for approval on September 14, 1994. APPROVE COUNTY NEWSPAPER FOR PERIOD OF SEPTEMBER 1, 1994, THROUGH AUGUST 31, 1995 - ALL DEPARTMENTS: Mr. Persichino recommended approval of the bid received from the Windsor Beacon as the County newspaper and Commissioner Harbert so moved. Seconded by Commissioner Baxter, the motion carried unanimously. BUSINESS: NEW: CONSIDER PURCHASE OF SERVICE AGREEMENT BETWEEN FENWC AND ROBERTA SULLIVAN, WELD MENTAL HEALTH, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Director of Human Services, explained said agreement is in reference to mental health services for migrant students on the western slope. Term of said agreement is July 11, 1994, to September 2, 1994. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER CANCER CONTROL CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department Director, noted said contract is for breast and cervical cancer screening which previously was part of the Family Planning Project. Term of said agreement is August 1, 1994, through January 31, 1995. Commissioner Baxter moved to approve said contract and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR L. JENSEN, DBA HIGHLANDLAKE, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, stated the information received from the records department showed no violations have occurred in the past year. Commissioner Hall moved to approve said renewal and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: CONSIDER MHZP #169 - STOPPEL: Chuck Cunliffe, Director of Planning Services, read the favorable recommendation of the Department of Planning Services into the record, along with three proposed Conditions of Approval. He stated staff has received six telephone inquiries and one letter regarding this matter, and copies are included in the Commissioner's packets. In response to Commissioner Kirkmeyer, Mr. Cunliffe stated there were covenants recorded with this PUD; however, he reminded the Board the County does not enforce covenants. Hal Warren, Attorney representing the applicant, stated the covenants specifically exclude double wide trailers; however, this is a manufactured home, not a trailer or mobile home. He presented photos of the model of home which will be purchased, marked Minutes - August 31, 1994 Page 2 Exhibits A through D. Dwight Stoppel, applicant, stated an engineered foundation will be placed under the manufactured home. David Ellis, surrounding property owner, presented a letter from Ken and Sharon Shoemaker, Exhibit E, in opposition to this matter. Mr. Ellis lives in Lot 10 and stated his major concerns are: the manufactured home is not UBC rated; it falls within the meaning of double-wide trailer as mentioned in the covenants, even though it is not a trailer; there are presently approximately six homes with a value of approximately $100, 000; the value of his home will decrease if the manufactured home is allowed in the neighborhood; and the addition of a manufactured home will affect the character and destroy the harmony of the neighborhood. Don Pfister, surrounding property owner, spoke about the differences between a manufactured home and a UBC-rated home and stated his concerns regarding the maintenance and upkeep -of a manufactured home. In response to questions from Commissioners Harbert and Kirkmeyer, Mr. Ellis stated the covenants do not allow homes of less than 1,000 square feet without a basement, and the neighborhood association has not yet been formed. He presented a video of homes in the area, Exhibit G, which was viewed by the Board. Mr. Cunliffe noted the PUD was approved in 1985, with an amendment in 1989. Ed Stoner, Building Inspection Department, answered questions from the Board concerning UBC-rated homes and manufactured homes. He said the manufactured home is designed to standards, but is not rated. He noted it is designed to handle the snow and wind which occur in the area. Mr. Barker reviewed the criteria to be met for the issuance of a MHZP and said the structure should not be evaluated on its own; however, it may be evaluated as part of the character and harmony of the neighborhood. Bill Childs, real estate broker, verified a copy of the covenants are given to each purchaser and stated the purchaser acknowledges receipt and agrees to abide by them. Discussion centered on the use of terms, such as "trailer", "manufactured home", and "modular home", and the different definitions used for those terms. Mr. Cunliffe pointed out the County's definition of "manufactured home" was in place in 1984, which was prior to the adoption of these covenants. He then read the definitions of "mobile home" and "manufactured home" from the Zoning Ordinance, and entered a copy of the covenants, Exhibit F. Mitch Martin, surrounding property owner, stated he has not started construction of his home; however, he feels this will subtract from the value of his home and he is in opposition to it. Chairman Webster closed public testimony. Mr. Stoppel reiterated the manufactured home is 1, 700 square feet; it contains a three-car garage; he will add a porch in the front and concrete steps in the back, as well as trees and landscaping. He stated he was one of the first to buy a lot in this subdivision. Mr. Warren repeated it is up to the homeowners association to enforce the covenants; this manufactured home was approved by HUD and has the same strengths as UBC-rated homes. H referred to two studies which show values do not decrease in an area when manufactured homes are constructed. In response to Commissioner Kirkmeyer, Mr. Stoppel stated he did agree to the covenants when he purchased the property; however, the definition of "mobile home" was not given, and the control committee mentioned in the covenants did not approve the purchase of his land. He pointed out the video did not show the small farm house which was moved into the area, nor the one modular home which is located next to his lot. Mr. Stoppel responded to questions from Commissioner Kirkmeyer, stating Burl VanBuskirk, the agent who sold him the property, never mentioned a possible problem, even though he discussed his plans of using a manufactured home. Lee Morrison, Assistant County Attorney, answered questions from the Board concerning the basis for the adoption of definitions in 1984 when the State defined the term "manufactured home". In response to a question from Commissioner Webster, Mr. Stoppel stated he bought the property one year ago when there was only one home built in the Minutes - August 31, 1994 Page 3 area. After further discussion, Commissioner Harbert moved to approve MHZP 11169 for Dwight and Lana Stoppel, with the three Conditions of Approval proposed by staff, stating the application meets the applicable criteria. She said the covenants are minimal and, if the developer really wanted a high-cost subdivision, the minimum size for homes would have been bigger, and he would have included a definition of the term "mobile home". Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER RELEASE OF COLLATERAL FOR MCMILL, INC. : Mr. Morrison stated he received a request to release the balance of the funds presently being held by Weld County for tire removal at Eaton Landfill , along with an invoice from D-Caton Excavation, Inc. in the amount of $4,560. He presented eight photographs of the site, Exhibit A through H, and reviewed the memo received from Trevor Jiricek, Health Department, highlighting what activity has occurred on site since the last release of collateral. Jeff Stoll, Health Department, stated the requirements of the agreement have substantially been met. In response to Commissioner Hall, Mr. Stoll noted only the corner is fenced in; however, with the amount of fill that was done to cover the tires, it will achieve the purpose of letting the County identify whether more tires are dumped ther in the future. Commissioner Baxter stated he visited the site and found extensive work was done since his visil last fall. Commissioner Hall moved to approve release of the balance of funds, in the amount of $850.30, payable to D-Caton Excavating and Al Miller. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. There were no ordinances. 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. / APPROVED: ATTEST: � / / tth BOARD OF COUNTY COMMISSIONERS i/' �� WELD COUNTY, COLORADO 1 Weld County Clerk to the Board W. H. Webster, a' an By: / , Deputy Clerk to the $oard -Dale . Hall 7 xi 7 r L/c—p.- r. �yv. --"teo e ,r• Baxter B e Con//gtance L. Harbert it'd ,aliliVAJ a ara J. Kirkm er Minutes - August 31, 1994 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO AUGUST 31, 1994 TAPE 1194-34 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, August 31, 1994, 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 W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of Social Services meeting of August 29, 1994, as printed. Commissioner Hall seconded the motion, and it carried unanimously. WARRANTS: Carol Harding, Finance and Administration, presented the warrants for approval by the Board in the amount of $506, 181.90. Commissioner Baxter moved to approve the warrants as presented by Ms. Harding. Commissioner Hall 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. APPROVED: ATTEST:/�/1 /� '� G�2 BOARD OF COUNTY COMMISSIONERS tli WELD COUNTY, CO CORADO OMMISSIONERS / Weld County Clerk to the Board .D . Webste , ai By: Deputy Clerk to the Board Dal K. Hall, ro em Geo E. Baxter iCon tance L. Harbert arbara J. 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