HomeMy WebLinkAbout941025.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 5, 1994
TAPE #94-38
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, October 5, 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, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
County Commissioners meeting of October 3, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Kirkmeyer moved to approve the hearings conducted
on October 3, 1994, as follows: 1) Community Development Block
Grant Application, Children's Clinic. Commissioner Harbert
seconded the motion, and it carried unanimously.
ADDITIONS: Chairman Webster read the following additions into the record:
New Business: 3) Consider Agreement for Reconstruction of
Walnut Street between Chimney Park Drive and Colorado State
Highway 257 with Town of Windsor, Universal Forest Products,
Inc. , and Greeley/Weld Economic Development Partnership and
authorize Chairman to sign; and 4) Consider Intergovernmental
Agreement with City of Greeley to widen intersection at 11th
Avenue and "0" Street and authorize Chairman to sign.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as
printed. Commissioner Baxter seconded the motion, and it
carried unanimously.
PUBLIC INPUT: No public input was offered.
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WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 459,362. 72
Payroll Fund $ 4,646.03
Handwritten Warrants:
General Fund $ 32,500.00
Payroll Fund $ 486,696.67
Electronic Transfer:
Payroll Fund $ 69, 145.42
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
BIDS: PRESENT KITCHEN SUPPLIES AND EQUIPMENT - ISLAND GROVE REGIONAL
TREATMENT CENTER: Pat Persichino, General Services Director,
explained the County will be reimbursed for providing the
service of soliciting this bid. He read the names of the three
bidders into the record and stated said bid will be considered
for approval on October 19, 1994.
APPROVE RECLAMATION OF GRAVEL PITS - PUBLIC WORKS DEPARTMENT:
Mr. Persichino indicated the Public Works Department recommended
acceptance of the low bid from Custom Services of Colorado, in
the total amount of $12,500.00. Commissioner Hall moved to
approve said bid, and Commissioner Baxter seconded the motion
which carried unanimously.
APPROVE SECURITY EQUIPMENT - GENERAL SERVICES: Mr. Persichino
stated this bid was approved by the Board on an emergency basis
on September 26, 1994.
BUSINESS:
OLD: CONSIDER CORRECTED RESOLUTION RE: VACATION OF LOT 5 OF SW,'-,SW*
530, T5N, R65W OF THE 6TH P.M. , ACCORDING TO SUBMISSION OF LAND
BY SAINT LOUIS WESTERN COLONY AND DEDICATION OF PUBLIC ROAD
RIGHTS-OF-WAY ALONG 23RD AVENUE (WCR 37) AND 49TH STREET
(WCR 52) - FLOREZ SUBDIVISION ?CONT. FROM 10/03/94) : Lee
Morrison, Assistant County Attorney, explained the Board
approved the plats which accompanied the original resolution;
however, three items were incorrect in said resolution. The
corrected resolution will vacate the existing plat, dedicate
roadway, and plat the area according to Subdivision regulations.
Mr. Morrison noted the plats are correct, but the original
resolution did not reflect Lots 2 and 5 correctly and confused
the descriptions. He reiterated the maps were adopted correctly
and the corrected resolution will be consistent with the plats.
Commissioner Harbert questioned whether the utilities would need
to be moved, and Mr. Morrison stated a survey was completed by
Chuck Jones and no issues were mentioned. He explained the
telephone company tries to locate at the edge of the right-of-
way; however, there have been problems in this particular area.
Commissioner Hall moved to approve said corrected resolution,
and Commissioner Kirkmeyer seconded the motion which carried
unanimously.
Minutes - October 5, 1994
Page 2 941025
NEW: CONSIDER CONTRACT FOR CDBG FUNDS WITH COLORADO DEPARTMENT OF
LOCAL AFFAIRS AND AUTHORIZE CHAIRMAN TO SIGN - HIGHLAND DAY CARE
CENTER: Mr. Warden stated an application for said funds was
approved in July by the committee which reviews Community
Development Block Grant and Impact Assistance funding. He
stated it was acceptable and recommended the Chairman sign said
contract. Commissioner Harbert moved to approve said contract
and authorize the Chairman to sign. The motion, seconded by
Commissioner Kirkmeyer, carried unanimously.
EMERGENCY ORDINANCE NO. 181, IN MATTER OF PRECAUTIONS TO BE USED
BY FOOD HANDLERS: Mr. Morrison stated this ordinance is in
response to concerns regarding Hepatitis A. He explained the
Health Department held a meeting with retail food establishments
and discussed precautions for food handling and the glove order.
Mr. Morrison noted that John Pickle, Health Department Director,
issued an administrative order in the form found on Page 2 of
the ordinance regarding precautions to be taken from now until
December 1, 1994. Pursuant to the Home Rule Charter, the matter
has been brought to the Board to correspondingly issue an
emergency ordinance. In response to questions from the Board,
Glenda Schneider, Director of Nursing, reported use of gloves is
not currently enforced; however, the other precautions included
in the ordinance are strongly encouraged. Mr. Morrison read
Ordinance No. 181 into the record and stated the ordinance is
effective within incorporated and unincorporated Weld County.
He explained transmission of the ordinance has been relayed by
mailings and discussions. Ms. Schneider reiterated a meeting
was held last Thursday, which was attended by 130 people, and
mailings have been sent to all food establishments and day care
providers. She noted education and signs will continue to be
available. Mr. Morrison stated arrangements have been made at
staff meetings for review and reiterated that all food
establishments were noticed by mail on Friday. Responding to
further questions from the Board concerning followup and
enforcement, Mr. Morrison stated all food establishments are
licensed and have been notified, and complaints from the public
will be investigated. He also noted that further assistance is
available to any requesting establishment. Mr. Warden also
reminded the Board of the ongoing inspections by the Health
Department. Mr. Morrison stated these precautions are in
addition to the two annual inspections. Commissioner Hall
stated this is an aggressive way to handle the situation;
however, it should not be assumed the precautions will be taken
and followup needs to be done, at least on a random basis. Ms.
Schneider stated, at a meeting with the State, it was indicated
the public was very much aware of the precautions and would
notify the Health Department of any problems. She noted there
have already been public complaints. Mr. Morrison reiterated
that every food establishment has been contacted by phone and a
meeting has been held; however, Mr. Pickle and Jeff Stoll,
Director of Environmental Protection, would be informed of the
Board's desire for active followup. He reiterated the
experience of the State Health Department is that the public
will take care of the matter. Commissioner Hall stated it is
the County's responsibility to enforce the ordinance, not that
of the public. Commissioner Baxter agreed that some type of
followup is necessary; however, it would require a lot of
effort, and maybe spot checks would be best. Ms. Schneider
stated almost all food establishments in Greeley were contacted
in one weekend in July. In response to a question from
Commissioner Kirkmeyer, Mr. Morrison stated it would be the
Board's responsibility to extend the ordinance past December 1,
1994, if necessary, and the Health Department would then
renotify all food establishments of the extension. Ms.
Schneider suggested another meeting be held in the event of an
extension. No public testimony was offered. Commissioner
Harbert moved to approve Ordinance No. 181, on an emergency
basis, and Commissioner Hall seconded the motion which carried
unanimously.
Minutes - October 5, 1994
Page 3 941025
CONSIDER AGREEMENT FOR RECONSTRUCTION OF WALNUT STREET BETWEEN
CHIMNEY PARK DRIVE AND COLORADO STATE HIGHWAY 257 WITH TOWN OF
WINDSOR, UNIVERSAL FOREST PRODUCTS, INC. , AND GREELEY/WELD
ECONOMIC DEVELOPMENT PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN:
Bruce Barker, County Attorney, indicated he has been working the
Town of Windsor, Universal Forest Products (UFP) , and
Greeley/Weld Economic Development Partnership (EDAP) concerning
this agreement. He stated Walnut Street between Chimney Park
Drive and Highway 257 is now outside Windsor's city limits;
however, upon the completion of reconstruction, the Town wishes
to annex said portion. Mr. Barker explained the County's
contribution will be $63,250.00; UFP's contribution will be
$77,654.00 and administered through EDAP for a tax credit
status, which EDAP is in agreement with; and the Town of Windsor
will contract and coordinate the reconstruction, including a 10-
inch water line, and contribute $137,541.00. He noted that UFP
and the Town of Windsor are agreeable to these terms.
Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chairman to sign. The motion, seconded by
Commissioner Baxter, carried unanimously. Commissioner Harbert
commended the Public Works Department and Commissioner Kirkmeyer
for their work on this agreement.
CONSIDER INTERGOVERNMENTAL AGREEMENT WITH CITY OF GREELEY TO
WIDEN INTERSECTION AT 11TH AVENUE AND "0" STREET AND AUTHORIZE
CHAIRMAN TO SIGN: Mr. Barker explained the City of Greeley will
pay $40,000.00 to the County, which will be added to an existing
contract. He noted the estimate for this project is only
$36,000.00, and any money left over will be refunded to the
City. George Cicoff, Public Works Director, indicated he has
spoken with Bill Sterling, City of Greeley, who is in agreement
with the $40,000.00. He explained these improvements are in
conjunction with Sykes Development and will include widening and
adding turn lanes and entrances. Mr. Cicoff indicated the City
of Greeley wishes to start the project immediately and confirmed
the amount would not be over $40, 000.00. In response to
questions from the Board, Mr. Barker reiterated the amount was
increased from $36,000.00 to $40, 000.00 and noted all work will
be contracted. Mr. Cicoff confirmed the estimate from the
contractor was $36,000.00. Mr. Warden stated the four-lane
street on 11th Avenue extends to "M" Street and the remaining is
now two-lanes. After the improvements, the remaining will be
three-lanes with a turn lane at "0" Street. Mr. Warden noted
the State will eventually rework the entire area and a 300-foot
setback has been allowed according to the State's preliminary
plan. Mr. Barker reiterated the amount is being added to an
existing contract by a change order with Western Mobile. After
further discussion, Commissioner Harbert moved to approve said
agreement and authorize the Chairman to sign. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
PLANNING: CONSIDER RE #1652 - CITO (CONT. FROM 09/21/94) : Keith Schuett,
Planning Department, entered staff's recommendation for denial
as written. At the request of Commissioner Hall, Mr. Schuett
reiterated staff's concerns including removal of farm ground
from production, intention for further splits of the property,
creation of a lineal subdivision, the evasion of the recorded
exemption process, creation of multiple lots, and non-compliance
with the Comprehensive Plan. Mr. Schuett confirmed that he had
not discussed the subdivision process with the applicants.
Robert Waldo, Attorney representing the applicants, submitted an
outline as Exhibit A and stated this request is to provide for
continuity of the farm which has been in the family for 26
years. He stated family members have had health problems and
they are planning to keep the farm in the family. Bonnie Cito,
applicant, stated she and her husband have serious health
problems and explained the first split was done to provide a
home site for their youngest son; however, he divorced and was
forced to sell the home. She stated her other two boys desire
to build homes and take care of the farm, which is 160 acres.
Mr. Waldo stated there is a need for farm labor and presently
the boys and their wives are employed; however, they still
Minutes - October 5, 1994
Page 4 941025
assist with the farming and harvesting. He indicated the son
who intends to build on Lot A currently lives in a mobile home
in his parents' yard. The proposed access for Lot A is in the
middle of the four-acre lot; however, the applicants are willing
to move it to the east adjacent with an existing access, thus no
additional access would be created on Weld County Road 50. Mr.
Waldo disagreed that the recorded exemption process is being
evaded and cited Paragraph 7C on Page 27 of the Comprehensive
Plan concerning family farm requirements. He reiterated the
purpose of the application is to maintain a family farm and
noted the Cito's are gifting the property to their son. He also
reiterated the people involved are already living on the farm
and will simply be moving from the mobile home to a house, which
would provide a more vested interest. Mr. Waldo noted the right
of the land owner to maintain a family operation and pointed out
two of the four acres would be in hay. He stated the
applicants' would agree to reduce the request to two acres. In
response to questions from the Board, Mr. Schuett stated there
is one residence, which was sold, in the northeast corner of the
80 acres, a labor house, the main house, and the mobile home.
Mr. Waldo stated the 160 acres was originally split into two 80-
acre parcels to conform with the Comprehensive Plan for
potential development of the sons' homes. Ms. Cito noted the
first recorded exemption splitting off the two acres was to
accommodate a construction loan to build a home, and she stated
one of the other sons, John, now desires a loan to build a home
in his name. She explained the mobile home was used for housing
for the dairy operation, which no longer exists; however, the
dairy is still operable and they would like to keep the housing
for the dairy. Ms. Cito said the youngest son now lives in the
labor house. Mr. Schuett stated the mobile home was permitted
as an accessory to the farm, which is only temporary and expires
upon cessation of the operation; therefore, it is questionable
whether said permit is still valid since the dairy is not
operating. Ms. Cito stated there are no existing accesses to
proposed Lot B, which is accessed by field roads; however, there
are separate accesses to the main house, the labor house, and
the mobile home. She reiterated they are willing to move the
access to Lot A to the east. Still in response to questions
from the Board, Ms. Cito confirmed they would like to divide the
proposed four-acre parcel into two two-acre parcels when their
older son is ready to build. Commissioner Baxter stated there
is no guarantee that a later Board will approve another split.
Ms. Cito reiterated they are willing to reduce this split to two
acres. No public testimony was offered. In response to a
question from Commissioner Hall, Ms. Cito confirmed they are
willing to abandon the access to the mobile home; however, they
would like to leave the home on the property for the dairy
operation. Mr. Schuett suggested the applicants reapply for an
Accessory to Farm Permit. Commissioner Baxter stated there is
a question as to whether the son can remain in the mobile home
while the house is being built. Chairman Webster suggested
adding a Condition of Approval concerning a common access for
the two parcels and abandoning the mobile home access. Mr.
Waldo stated a common access could be arranged; however, a 20-
foot drive is desired next to the existing drive to allow the
other party to maintain its own drive. Commissioner Kirkmeyer
suggested a common access between proposed Lots A and B, since
Lot B does not have an existing access. Ms. Cito confirmed that
would be acceptable. Commissioner Hall reiterated that another
recorded exemption may not be approved and a decision must be
made by the applicants as to whether they desire to split off
two or four acres. Mr. Barker explained the access language
must be worked out, and Mr. Schuett suggested the access be
apportioned equally between Lots A and B. Ms. Cito indicated
her son expressed two acres would be preferable for taxes, etc. ,
and they would like to change that at this time, if acceptable.
Mr. Schuett confirmed the two acres farthest east would be
split. Mr. Waldo and Ms. Cito confirmed there would be a shared
access for Lots A and B, the access to the mobile home would be
abandoned, and the mobile home would be moved if the Accessory
to Farm Permit expired. Mr. Schuett stated the occupant must be
principally employed with the farming operation. Commissioner
Minutes - October 5, 1994 Y
age 5 J1,J�5
expired. Mr. Schuett stated the occupant must be principally
employed with the farming operation. Commissioner Baxter
suggested the possibility of moving the mobile home to proposed
Lot A while building the home. Mr. Schuett confirmed that could
be permitted as an accessory during construction. Mr. Barker
read suggested language for the addition of Condition of
Approval #3 concerning a common access to Lots A and B and the
removal of the existing access to the mobile home. Commissioner
Kirkmeyer moved to approve Recorded Exemption #1652 for Donald
and Bonnie Cito, with the Conditions of Approval as recommended
by staff and the addition of Condition of Approval #3.
Commissioner Harbert seconded the motion, which carried
unanimously.
CONSIDER SITE APPLICATION FOR IMPROVEMENTS TO EXISTING LIFT
STATION AND AUTHORIZE CHAIRMAN TO SIGN - TOWN OF WINDSOR:
Gloria Dunn, Planning Department, entered the Planning
Commission's recommendation for approval and suggested the Board
recommend approval to the State Health Department. Responding
to questions from Commissioner Harbert, Ms. Dunn stated the Town
of Windsor is requesting additional pumping capacity in
conjunction with its upgrade approved last December. No public
testimony was offered. Commissioner Harbert moved to approve
said site application and authorize the Chairman to sign. The
motion was seconded by Commissioner Hall, and it carried
unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance No. 181 was approved on an emergency
basis.
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: ne"e4 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, T
Weld County Clerk to the Board
W. H. Webster, C airman
By: Sky,A' 't-",`x �' a
Deputy C { to the Board Hall/
t
U t
Ge e E. Baxter
Con tance L. Harbert/
/
Barbara J. Kirk eyer /1
Minutes Page
October 5, 1994 941025
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
OCTOBER 5, 1994
TAPE #94-38
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, October 5, 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, Shelly Miller
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of
Social Services meeting of October 3, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Shelly Miller, Acting Clerk to Board, presented the warrants for
approval by the Board in the amount of $184, 653.82.
Commissioner Hall moved to approve the warrants as presented by
Ms. Miller. Commissioner Kirkmeyer 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.
Lejemet
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
10-4461
�/ �J/����
Weld County Clerk to the Board / 10-44 tiii7
W. H. Webster, air n t
BY: $711,t6V.--MAI..b/Lputy to the Board Da e . Hall, o em
Geo . Baxter
Geo
./
Constance� '' L. Harber
aAr //ra J. Kirk eyer
941025
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