HomeMy WebLinkAbout941233 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 19, 1994
TAPE 094-40
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 19, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Harbert moved to approve the minutes of the Board
of County Commissioners meeting of October 17, 1994, as printed.
Commissioner Baxter seconded the motion, and it carried
unanimously.
ADDITIONS: There were no additions to the agenda.
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.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 607,875.21
Payroll Fund $ 3,576.23
Handwritten Warrants:
Payroll Fund $ 303. 76
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Harbert seconded the motion, which
carried unanimously.
BIDS: PRESENT BIDS: No bids were presented.
APPROVE KITCHEN SUPPLIES AND EQUIPMENT - ISLAND GROVE REGIONAL
TREATMENT CENTER: Pat Persichino, Director of General Services,
recommended acceptance of the low bid from United Restaurant
Supply in the amount of $28,325.00. Commissioner Hall moved to
approve said recommendation, and Commissioner Baxter seconded
the motion which carried unanimously.
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APPROVE COPIER MACHINE - HUMAN SERVICES DEPARTMENT (CONT. FROM
10/12/94) : Mr. Persichino indicated Human Services recommended
acceptance of the third low bid from Lewan and Associates for
the Sharp SF 8350 in the amount of $15,960.00, as discussed in
a work session. Bill Edwards, Associated Business Products
(ABP) , stated the company has worked with the County in the past
and has done a fine job of service and support in the area. He
stated he understood ABP did not get recommended based on
surveys; however, he decided to attend the meeting to learn how
to better serve Weld County in the future. Responding to
questions from the Board and staff, Mr. Edwards indicated the
local representative has done a fine job of service in Greeley,
with a response time of four to six hours. He confirmed the
service charge of .003 cents per copy would be honored for the
first year only, and it would be .007 cents thereafter. Marilyn
Carlino, Fiscal Officer for Human Services, indicated there were
no problems with services from ABP; however, the trial period
was to compare price and performance, and the Sharp rated higher
in both areas. She confirmed the off-set catch trays, rather
than the 20-bin sorter, were preferred, and the trays were not
available from ABP. Mr. Persichino reiterated Human Services
recommended acceptance of the Sharp SF 8350, in the amount of
$15,960.00, from Lewan and Associates. Commissioner Hall stated
he is still deliberating this issue; however, he moved to accept
the low bid from Bratton's. Said motion died for lack of a
second. Commissioner Harbert agreed this is a hard decision;
however, she stated since the people who evaluated the machines
will be the users, and there is only $1, 100.00 difference, she
moved to approve the recommended bid for the Sharp 8350 from
Lewan Associates. Commissioner Baxter seconded the motion and
mentioned the problems with specifications. The motion carried
three to one, with Commissioner Hall voting nay.
BUSINESS:
NEW: CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH
DEPARTMENT AND LARIMER DEPARTMENT OF HEALTH AND ENVIRONMENT AND
AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department
Director, explained this agreement allows the two entities to
work together in the areas of environmental and community
health, and Weld County will provide laboratory services for
Larimer County on a cost basis. On behalf of Commissioner Hall,
Mr. Pickle confirmed the term of the agreement is from July 1,
1994, through June 30, 1995, and stated the services are on-
going. He explained he worked with Bruce Barker, County
Attorney, to update the agreement, which was previously open-
ended. Commissioner Baxter moved to approve said agreement and
authorize the Chairman to sign. The motion, seconded by
Commissioner Harbert, carried unanimously.
CONSIDER LETTER OF RENEWAL FOR CONTRACT FOR CHILD HEALTH PROGRAM
BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Pickle stated this contract provides for well child services and
recommended the program be continued. Commissioner Hall moved
to approve said letter of renewal and authorize the Chairman to
sign. Commissioner Harbert seconded the motion, which carried
unanimously.
CONSIDER DIVISION OF CRIMINAL JUSTICE STATEMENT OF GRANT AWARD
FOR COMMUNITY CORRECTIONS, DRUG CONTROL AND SYSTEM IMPROVEMENT
PROGRAM, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden indicated
Sharon Street, Community Corrections, is out ill; therefore, he
stated this grant award allows the continuance of the current
program. Commissioner Harbert stated she did not recognize any
changes and moved to approve said statement and authorize the
Chairman to sign. The motion, seconded by Commissioner Baxter,
carried unanimously.
Minutes - October 19, 1994
Page 2
941233
CONSIDER CHANGE ORDER NO. 2 FOR ISLAND GROVE REGIONAL TREATMENT
CENTER WITH THISSEN CONSTRUCTION CORP. , AND AUTHORIZE CHAIRMAN
TO SIGN: Mr. Persichino stated this change order is the second
one and reminded the Board Change Order No. 1 deducted over
$44, 000.00 from the original contract amount. He explained this
change order will increase the amount by $2,223.00 and indicated
the specific items included. Mr. Warden confirmed that said
change order met with B. J. Dean's approval. Commissioner Hall
moved to approve said change order and authorize the Chairman to
sign. The motion, seconded by Commissioner Baxter, carried
unanimously.
PLANNING: CONSIDER RE #1661 - MARKHAM: Chairman Webster explained to the
applicant that since there are only four Commissioners present,
in case of a tie vote Commissioner Kirkmeyer would review the
record and cast the deciding vote. He also noted the applicant
has the option to request a continuance. Glenn Markham,
applicant, requested the Board proceed. Gloria Dunn, Planning
Department representative, indicated one map is included for all
three recorded exemptions, RE #1661, RE #1662, and RE #1663, and
requested the Board consider RE #1661 and RE #1662 together
since they are adjacent and for identical uses. Ms. Dunn read
staff's recommendation for denial into the record and noted,
prior to submittal of these two applications, discussion
occurred with Merle Johnson, applicant's representative,
concerning a minor subdivision, which staff did not support.
She confirmed only a verbal response was received from the Town
of Mead, indicating no objection, and stated the subject
property is approximately two miles from the Town of Mead. Mr.
Barker reminded the Board to keep in mind there are two
applications being considered. Mr. Johnson indicated all three
recorded exemptions are included on the sketch plan. He noted
Mr. Markham has lived in this area north of the subject
properties for 50 to 60 years and has no intention of
developing; however, he would like to leave his property to his
kids. Mr. Johnson indicated some of staff's comments are
misleading and clarified, concerning contiguous land, Ed
Markham, Mr. Markham's son, owns the adjoining land. He also
clarified there is an historical access existing, and they
intend to locate a 30-foot easement on the front of the
properties along Weld County Road 3, with one common access to
the north and south. He reiterated there will still be only one
access and noted none of the contacted agencies had any
objections. Mr. Johnson stated the requests meet all criteria
for recorded exemptions and clarified the parcels were created
prior to 1972, water and utilities are available, and the
property is not prime farm ground. He also clarified two
buildable sites already exist; therefore, two additional sites
would be created, not four. He stated Mr. Markham's house is on
Parcel #020 and there is an existing house on Parcel #019, both
parcels being ten acres in size, and the rest of the surrounding
ground is owned by Mr. Markham's son. Mr. Markham explained he
initially sold 40 acres, which was broken into lots in 1969, due
to financial reasons. He reiterated he has no intention of
developing these lots for a number of years and stated he has a
legal right to do what he is requesting. Mr. Markham confirmed
that he purchased the lots back after they were split and
indicated his son is now raising blue grass sod, with water
rights from two different ditches. In response to further
questions from the Board, Mr. Markham stated there is water
flowing in underground drains and ponds have been created, which
would be ideal if developed; however, he reiterated he does not
intend to sell the lots unless it is financially necessary. He
also stated if the lots were developed, they would continue to
be used as agricultural on a smaller scale. Mr. Johnson
reiterated that all requirements for recorded exemptions have
been met. In response to questions from the Board, Ms. Dunn
presented a prime farm ground map, as Exhibit A, for the Board's
Minutes - October 19, 1994
Page 3
941233
review. Commissioner Baxter confirmed, according to said map,
that both parcels are designated as prime. Mr. Markham noted,
according to an old soil conservation map, that the ground was
rated as #2 and #3, and it is only productive because it has
been farmed and kept that way. He explained the irrigation
process and stated it has been in sod since 1965 with an intense
sprinkler system and is a family operation. He confirmed that
Weld County Road 38, one mile west of Road 3, divides Boulder
and Larimer Counties; however, Road 38 dead ends at Road 3. Mr.
Markham also indicated the area is served by the Berthoud Fire
District. No public testimony was offered. Discussion ensued
concerning the number of small lots with dwellings in Section
32. Mr. Markham reiterated there would be only one access for
all five lots and no additional accesses would be created.
Commissioner Hall stated the requests are for a subdivision in
disguise and are not compatible with the surrounding land. He
also stated the Subdivision Ordinance requirements are being
evaded and voiced concerns about road maintenance and water.
Commissioner Hall stated the requests do not comply with the
Comprehensive Plan or the Subdivision Ordinance and questioned
total contiguous ownership of the land. He then moved to deny
RE #1661. Commissioner Baxter seconded the motion and stated
although it was stated the requests follow the criteria for
recorded exemptions and the applicants wanted to complete the
splits before they were no longer allowed, he feels the requests
may better fit the Comprehensive Plan at a later time when the
Town of Mead grows toward the subject property. He stated the
Subdivision Ordinance and Comprehensive Plan must be strictly
followed, and the two existing ten-acre buildable lots will
create enough impact. Commissioner Harbert agreed with
Commissioners Hall and Baxter and reiterated it would be best to
keep only the two existing lots. Chairman Webster also agreed
with Commissioner Hall's comments concerning creation of a small
subdivision and suggested the applicants provide each lot with
some water to prevent weeds. The motion then carried
unanimously.
CONSIDER RE #1662 - MARKHAM: This matter was discussed with the
previous item of business, RE #1661. Commissioner Harbert moved
to deny RE #1662 based on the same criteria as RE #1661.
Commissioner Baxter seconded the motion, which carried
unanimously.
CONSIDER RE #1663 - MARKHAM: Mr. Barker reiterated the
procedure in case of a tie vote, and Mr. Markham requested the
Board proceed. Ms. Dunn entered staff's recommendation for
denial into the record. She confirmed there is an existing
house on proposed Lot A, and proposed Lot B would be a buildable
lot. She noted the land is not prime farm ground; however, the
long access easement is a concern, and the fact that proposed
Lot A would be in the center of a large parcel is not efficient
and orderly development. Mr. Johnson stated the applicant does
not want to build on the 90 acres, proposed Lot B. He explained
Mr. Markham's son lives on the four acres, proposed Lot A, and
wishes to get a loan in his own name to pay off the house. Mr.
Johnson stated all farming lies east of the house and the access
road is located in the best possible place on the south boundary
of the property. He explained the road was used for farming
purposes before the house was built, but it has now been
upgraded and they are proposing a 30-foot easement to the house.
Mr. Johnson noted no agencies objected to this proposal and
clarified the original split on the property in 1988 separated
6 acres from the 101-acre parcel. He explained the six-acre
parcel was separated from the rest of the farm by a ditch and,
after it was divided off, it was sold to a new owner who then
built a home. He reiterated the house and road are existing and
the son must acquire the four acres as a legal tract to get a
loan. Mr. Markham explained his son lives on proposed Lot A,
Minutes - October 19, 1994
Page 4
941233
but Mr. Markham owns the property and the home. He, too,
reiterated his son wants a loan and the land in his own name.
In response to a question from Commissioner Hall, Ms. Dunn said
a subdivision exemption would not provide the son with
ownership. Mr. Barker confirmed a recorded exemption is the
correct way to obtain ownership. Mr. Johnson reiterated the
house was built on non-prime land and the road was placed on the
property boundary in an unobtrusive location. Discussion ensued
concerning the shape of Lot A and the slopes and uses of the
surrounding land. Commissioner Hall reiterated concern about
the parcel being landlocked, and Mr. Markham questioned the term
since there is a legal, accessible road to the parcel. He noted
the home and road are located in the most sensible and
reasonable place on the property. Further discussion ensued
concerning the configuration of Lot A, and Commissioner Harbert
questioned why the house was built for someone else. Mr.
Markham explained there was a five-year waiting period after the
time RE #1136 was approved to split off the six acres, and his
son did not want to wait that long to build a home.
Commissioner Hall voiced concern about the access becoming a
problem if a non-cooperative landowner became involved. Mr.
Barker clarified once an easement is granted, it can be
extinguished only by the owner. Mr. Johnson stated other people
use the road; however, there are other roads servicing the farm
operation. He explained a private easement is proposed for
maintenance purposes and to prevent conflict. Mr. Markham noted
the accessibility of utilities and water off Road 38, and Mr.
Johnson stated the utility easement would be designated on the
plat. No public testimony was offered. Ms. Dunn presented
proposed Conditions of Approval to the Board for review.
Discussion ensued concerning said conditions and Mr. Barker
suggested additional language for Condition of Approval #la
concerning dedication for use of the 30-foot access easement,
pursuant to the Subdivision Ordinance; adding a new Condition of
Approval #lb concerning the 15-foot utility easement; and
changing the original Condition of Approval #lb to Condition of
Approval #ic, concerning ISDS regulations. The applicant agreed
to all Conditions of Approval, including the changes and
additions. Commissioner Baxter moved to approve RE #1663 for
Glenn and Patricia Markham, with the Conditions of Approval as
written and suggested by legal staff. Commissioner Harbert
seconded the motion. Mr. Barker also suggested a note be placed
on the plat concerning the maintenance of the access.
Commissioners Baxter and Harbert agreed to include said
suggestion in the motion. Commissioner Baxter also voiced
concerns about the landlocked parcel; however, he understood why
the house was built in that location. He stated further concern
about creating a separate lot and allowing the right to build on
Lot B, as well as the access creating potential conflict.
Commissioner Baxter confirmed, however, that the proposal, as a
whole, fits the criteria. Commissioner Hall indicated
reservations since the proposal" fits some of the policies but
does create potential conflict; however, he stated he will vote
in favor of the motion and encouraged the applicant to record
everything properly and work to create a good situation.
Commissioner Harbert agreed with Commissioner Hall's statements,
and 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.
Minutes - October 19, 1994
Page 5
941233
There being no further business, this meeting was adjourned at
10:45 a.m.
APPROVED:
ATTEST:A)//��) /Aid BOARD OF COUNTY COMMISSIONERS
��17111 WELD COUNTY, CO ORADO
Weld County Clerk to the Board
W. . Webster, h ' man
By: '
Deputy Clerk to the B rd_ Dale 7 Hall
Geo ge Baxter
Constance L. Matte t
EXCUSED
Barbara J. Kirkmeyer
Minutes - October 19, 1994
Page 6
9412'33
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
OCTOBER 19, 1994
TAPE #94-40
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 19, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
MINUTES: Commissioner Harbert moved to approve the minutes of the Board
of Social Services meeting of October 17, 1994, as printed.
Commissioner Hall seconded the motion, and it carried
unanimously.
WARRANTS: Shelly Miller, Acting Clerk to the Board, presented the warrants
for approval by the Board in the amount of $49,264.46.
Commissioner Baxter moved to approve the warrants as presented
by Ms. Miller. Commissioner Harbert 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
10:50 a.m.
APPROVED:
ATTEST � BOARD OF COUNTY COMMISSIONERS
D/ ✓ WELD COUNTY, COLORADO
Weld County Clerk to the Board / U7J 1X/VA-I
W.(' H. Webster, airman
//
Deputy Clerk to the.- Dale Hall, Pro- em
C—citee000 r. e Baxter 2"
Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
944233
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