HomeMy WebLinkAbout911669.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 28, 1991
TAPE X191-24
The Board of County Commissioners of Weld County, Colorado, met
in regular session in full conformity with the law and bylaws of
said Board at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, August 28, 1991, 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 Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert - Excused
Commissioner C. W. Kirby
Commissioner W. H. Webster - Absent
Also present:
Assistant Weld County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kennedy moved to approve the minutes of the Board
of County Commissioners meeting of August 26, 1991, as printed.
Commissioner Kirby seconded the motion, and it carried
unanimously.
ADDITIONS: Added as Item #6 under New Business: "Consider Agreement for
material hauling on Weld County Road 51 and authorize Chairman \
to sign".
CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as
printed. Commissioner Kirby seconded the motion, and it carried
unanimously.
(Let the record reflect that Commissioner Webster is now
present. )
DEPARTMENT HEADS AND
ELECTED OFFICIALS: No County Council Member was present to give a report.
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General fund $120,972.86
Handwritten warrants:
General fund $ 13,497.67
Payroll $1,279,262.33
Commissioner Kennedy moved to approve the warrants as presented
by Mr. Warden. Commissioner Kirby seconded the motion which
carried unanimously.
Let the record reflect that a recess was taken at this time to
allow the Board to convene as the Board of Social Services.
911669
BIDS: PRESENT COPIERS - DISTRICT ATTORNEY AND SHERIFF: Mr. Warden
read the names of the those vendors submitting bids. An
evaluation of copiers will be done prior to September 11, 1991,
at which time this bid will be considered for approval.
PRESENT MID-SIZE COPIERS - VARIOUS DEPARTMENTS: Mr. Warden read
the names of the six vendors submitting bids. An evaluation
will be completed prior to September 11, 1991, at which time
this bid will be considered for approval.
PRESENT CONSTRUCTION ON BRIDGE 19/68A - ENGINEERING DEPARTMENT:
Mr. Warden read the totals of the five bids which were
submitted. These will be considered for approval on September
11, 1991.
APPROVE COUNTY AUDIT SERVICES - ACCOUNTING DEPARTMENT: Mr.
Warden recommended approval of the low bid from Anderson &
Whitney, in the amount of $58,950. This will be for a period of
two years, then the County has the option to extend to five
years. Commissioner Kennedy moved to approve, per Mr. Warden's
recommendation. Seconded by Commissioner Webster, the motion
carried unanimously.
BUSINESS:
OLD: RECEIVE REPORT FROM CLERK AND RECORDER ON INITIATIVE AND
REFERENDUM PETITIONS (07/31/91) : Mary Ann Feuerstein, Clerk and
Recorder, reported first on the Petition for Referendum on an
Enacted Resolution filed by the Concerned Citizens for Weld
County's Future Committee, which has been reviewed along with
the supplemental petitions and amended circulator affidavits.
The results were 3,047 sufficient signatures and 1, 162
insufficient signatures. The requirement of 1,897 valid
signatures has, therefore, been met. Ms. Feuerstein also
reported on the Petition to Initiate Amendment to the Home Rule
Charter for Weld County filed by the Concerned Citizens for Weld
County's Future Committee, which has been reviewed along with
the supplemental petitions and amended circulator affidavits.
The results were 2,816 sufficient signatures and 1,217
insufficient signatures. The requirement of 1,897 valid
signatures has, therefore, been met. Commissioner Kirby moved
to set the date to accept the Petitions and consider this matter
on September 9, 1991 at the 9:00 A.M. regular Board meeting.
Seconded by Commissioner Kennedy, the motion carried
unanimously.
NEW: CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS,
FOR JOHN N. SIPRES, DBA SIPRES LOUNGE: Mary and John Sipres,
applicants, were present. Sgt. Randall Carleton, Sheriff's
Office, reported on three incidents in which patrons were
involved in acts of violence after becoming intoxicated. After
discussion, Commissioner Kirby questioned whether or not
security guards were still employed by Mr. Sipres. Mrs. Sipres
stated they are, and they usually have four security guards on
Saturdays. Commissioner Kennedy moved for approval of the
renewal. Seconded by Commissioner Kirby, the motion carried
unanimously.
CONSIDER COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT RE-3J
AND FENWC AND AUTHORIZE CHAIRMAN TO SIGN: Tere Keller,
Department of Human Resources, explained this Agreement outlines
that School District RE-3J will provide public education to the
students in School District RE-3J, and that FENWC will receive
federal Head Start dollars and administer preschool services.
The term of the Agreement is September 1, 1991 to May 31, 1992.
Commissioner Kirby moved to approve said Agreement and authorize
the Chairman to sign. Seconded by Commissioner Kennedy, the
motion carried unanimously.
Minutes - August 28, 1991
Page 2
CONSIDER COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT 6 AND
FENWC AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Keller explained this
is a similar Agreement to the previous one, except this is with
School District 6 and is a 20-year Agreement. Under this
Agreement, FENWC will locate modular classrooms on six
elementary school campuses, and reimburse the School District
for maintenance, custodial services and utilities. These rates
will be adjusted annually. Commissioner Kirby moved to approve
said Agreement and authorize the Chairman to sign. Seconded by
Commissioner Kennedy, the motion carried unanimously.
CONSIDER PURCHASE OF GRAVEL PIT IN NWq 52, T2N, R68W, AND IN SWo
535, T3N, R68W, FROM SIEGRIST CONSTRUCTION COMPANY AND ST. VRAIN
LAND COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker,
Assistant County Attorney, said closing is scheduled for August
29, 1991. Commissioner Kirby moved to approve the purchase of
said gravel pit and to authorize the Chairman to sign the
related documents. Commissioner Kennedy seconded the motion,
which carried unanimously.
CONSIDER STATE CONTRACT FOR CENTENNIAL DEVELOPMENT SERVICES,
INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this is
the Community Development Block Grant the County is sponsoring
for Centennial Development Services, Inc. , in the amount of
$375,320 for renovation of their facilities. Commissioner Kirby
moved to approve said Contract and authorize the Chairman to
sign. Seconded by Commissioner Kennedy, the motion carried
unanimously.
CONSIDER AGREEMENT FOR MATERIAL HAULING ON WELD COUNTY ROAD 51
AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker reviewed the
pertinent terms of said Agreement. Commissioner Webster moved
to approve said Agreement and to authorize the Chairman to sign.
Seconded by Commissioner Kennedy, the motion carried
unanimously.
PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE ZONING ORDINANCE -
BERNHARDT, GAONA, IRWIN, MEDFORD, JOHNSON, AND VONFELDT:
Commissioner Kennedy moved to approve this Resolution
authorizing the County Attorney to proceed with legal action
against Leroy R. Bernhardt, Reuben, Hester, David, and Timothy
Bernhardt, Carol Medford, John R. and Joyce M. Johnson, Remigio
and Maria Gaona, Victor R. and Martiel L. VonFeldt, and Alfred
Irwin for violations of the Weld County Zoning Ordinance.
Commissioner Kirby seconded the motion, and it carried
unanimously.
(The Planning items on today's agenda were taken in the
following order: Consider RE #1364 - Pineda and Sons Farms,
Inc. ; Consider Probable Cause - Eckel/Windsor Shores; Consider
setting hearing date for Windsor Shores Law Enforcement
Authority; Consider Probable Cause - Permagreen/Vendena; and
Consider Probable Cause - McDonald. )
CONSIDER RE 41364 - PINEDA AND SONS FARMS, INC. : Brian Grubb,
Department of Planning Services, made this matter of record.
This request is to divide into parcels of 10 acres and 5 acres,
more or less. Manuel Pineda presented his reasons for
requesting this Recorded Exemption. Chairman Lacy asked for
public comments. There were none. Commissioner Kennedy and
Kirby asked questions concerning the water rights. Mr. Pineda
said there are no water rights with the property. Commissioner
Kennedy moved to approve Recorded Exemption 41364 with
Conditions as written by the Planning staff. Commissioner
Webster seconded the motion. The motion carried three to one,
with Chairman Lacy voting nay.
Minutes - August 28, 1991
Page 3
CONSIDER PROBABLE CAUSE - ECKEL/WINDSOR SHORES: Lanell Swanson,
Department of Planning Services, read the eight reasons staff
feels Windsor Shores, Inc. is in violation of their Use by
Special Review Permit 11943. Larry Eckel, President of Windsor
Shores, Inc. , stated the plat is complete and ready for filing,
but he is waiting on the Planning staff to decide if moving the
boat ramp 750' north is a minor change they can approve or if an
amendment needs to be done. He thought he had completed
everything necessary to proceed with the Law Enforcement
Authority, and the Weld County Health Department now has their
dust control plan. In response, Ms. Swanson stated they only
need a letter from the Corp of Engineers to amend the location
of the boat ramp. After discussion, Commissioner Kirby moved to
set a Show Cause Hearing on September 18, 1991 at 10:00 A.M.
Commissioner Webster seconded the motion, which carried
unanimously.
CONSIDER SETTING HEARING DATE FOR WINDSOR SHORES LAW ENFORCEMENT
AUTHORITY: Mr. Morrison explained that this could not be
included in another district because of the mill levy.
Commissioner Kennedy moved to set September 18, 1991 at 10:00
A.M. for the hearing date for Windsor Shores Law Enforcement
Authority. Seconded by Commissioner Kirby, the motion carried
unanimously.
CONSIDER PROBABLE CAUSE - PERMAGREEN/VENDENA: Keith Schuett,
Department of Planning Services, and Wes Potter, Health
Department, were both present. Mr. Schuett entered the
violations into the record, and Mr. Potter stated the Health
Department concurs with Planning staff's recommendation. The
Health Department is mainly concerned with Development Standards
114 and #5, concerning containment of run-off and controlling
run-on. Roxy Vendena, President of Permagreen, explained that
they are in the business of processing compost for packaging and
distribution. He began by reviewing the history of violations
and inspections, and Chairman Lacy explained that we need to
limit discussion to the specific violations listed by Planning.
The main violations deal with the containment system for run-off
and run-on of water. Mr. Vendena presented a letter from Rocky
Mountain Consultants giving a recommendation for solving the
drainage problems. Mr. Vendena stated the ditches are cut at
the wrong depth, and when a culvert was opened on Weld County
Road 13, it changed the flow into the ditch which overflows onto
his property. In response to a question from Chairman Lacy, Mr.
Potter stated this is a natural drainage area through the
property. Commissioner Kirby questioned why the drainage
problem was not addressed in the Use By Special Review
procedure. Mr. Potter replied that it was addressed and a run-
off containment plan was a requirement of the Use By Special
Review Permit. Chairman Lacy asked for public comments. Brad
Linkus, surrounding property owner, addressed his concerns about
run-off containment, stockpiles being kept on the property, and
a shaft which is filled in with dirt instead of concrete. He
presented pictures of the berm at various times as Exhibits.
Mr. Vendena presented a picture of the existing water, which was
taken on August 27, 1991, and stated they had hauled 150 semi
loads of soil in to build up the berms. Commissioner Kennedy
asked if water was being discharged into any opening in the
ground. Mr. Potter stated it was not, to his knowledge.
Commissioner Kirby stated there is enough evidence to warrant a
Show Cause, and moved to set same on September 25, 1991 at 10:00
A.M. Seconded by Commissioner Kennedy, the motion carried
unanimously.
CONSIDER PROBABLE CAUSE - MCDONALD: Mr. Schuett asked that the
violations of Use by Special Review Permit #537 be entered into
the record as written. The applicant stated he agreed to have
Minutes - August 28, 1991
Page 4
the violations entered as written. Mr. Schuett stated the Board
of County Commissioners did inspect the property on August 26,
1991. The applicant was represented by Robert E. Ray, Attorney,
who questioned the statement by staff that automobiles are not
a part of this Use by Special Review Permit, and that the pieces
of equipment, autos, etc. that are being prepared for the museum
are more than junk being piled up. He explained the gates are
kept locked to cut down on theft. Commissioner Kirby asked what
the requirements were for screening. Mr. Schuett read the
requirement, which is for a "solid security fence".
Commissioner Webster asked if the screened area was to be
limited to a certain size. Mr. Schuett said the plat maps
identified the area, and it is now expanded to the north and the
south. Chairman Lacy said the original area fills approximately
60% of the area being used at the present time. Chairman Lacy
asked for public comments. Geraldine Russell, surrounding
property owner, stated that Mr. McDonald and others are using
other accesses through private property and that trash is piled
up in the back by the road easement. Helen Jubenville,
surrounding property owner, stated Mr. McDonald continues to
store more and more "junk". Jon Foote, Don Gooden, Leslie
Grisham, Ed Herson, and Michelle Miller, surrounding property
owners, spoke in favor of Mr. McDonald. They stated he does
keep weeds mowed, that trash is not a problem, and the museum is
kept in one specific place. David Smith, surrounding property
owner, stated the trash and garbage blows onto his property and
the accesses are always locked. He stated emergency vehicles
have come onto his property to find directions to get onto Mr.
McDonald's property since the gates are locked. Chairman Lacy
commented on the uses permitted, which is for 25 air worthy
aircraft and an antique museum. He stated he does not believe
that includes anything Mr. McDonald wants to put there, and
there are many things not screened that don't belong on an
airport. Commissioner Kennedy moved to set a Show Cause hearing
to consider the violations as presented by Planning for
September 11, 1991 at 10:00 A.M. Seconded by Commissioner
Kirby, 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
11:15 A.M.
it% APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORA 0
Weld County Clerk to the Board
e
Gordon cy, an
By: � �4",. .�, z_
Deputy Clerk to the Boar eorge Kennedy, Pro-Tem
EXCUSED
Constance L. Harbert
�� �{/
C. .. Kirby /
W. H. Webster
pit b1
Minutes - August 28, 1991
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
AUGUST 28, 1991
TAPE 1191-24
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Board of Social Services in full
conformity with the law and bylaws of said Board at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, August 28, 1991, 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 Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert - Excused
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Assistant Weld County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kennedy moved to approve the minutes of the Board
of Social Services meeting of August 26, 1991, as printed.
Commissioner Kirby seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden presented the warrants for approval by the Board in
the amount of $486,857.50. Commissioner Webster moved to
approve the warrants as presented by Mr. Warden. Commissioner
Kennedy 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
9:05 A.M.
APPROVED:
ATTEST: Ma444 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA 0
Weld County Clerk to the Board
Gordo acy, ha an
By:
Deputy Clerk to the Board eorge Kenne y, Pro-Tem
EXCUSED
Constance L. Harbert
C. W. Kir y
�J (`��4-O
W. H. Webster
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