HomeMy WebLinkAbout992999.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 20, 1999
TAPE #99-40
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, December 20, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Comptroller, Claud Hanes
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners
meeting of December 15, 1999, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearing
conducted on December 15, 1999, as follows: 1)Violation Hearing. Commissioner Baxter seconded the
motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board:
All Funds $799,321.30
Electronic Transfers - All Funds $292.42
Commissioner Geile moved to approve the warrants as presented by Mr. Hanes. Commissioner Baxter
seconded the motion, which carried unanimously.
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BIDS:
CONSIDER REJECTION OF ST. VRAIN TRAIL AND OPEN LAND PROJECT BID - PLANNING
DEPARTMENT: Mr. Hanes recommended this bid be rejected because the Department of Local Affairs
has offered to provide assistance with this project. Commissioner Baxter moved to reject said bid.
Seconded by Commissioner Geile, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-J. MONIES,
INC., DBA EL RODEO NIGHT CLUB: Mr. Barker stated this is an annual application and stated the liquor
license for the establishment was approved on August 9, 1999. Commissioner Geile moved to approve
said application. Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT AND
AUTHORIZE CHAIR TO SIGN- COLORADO ASSOCIATION OF TRANSIT AGENCIES:Walt Speckman,
Director of Human Services, stated this grant will fund the mini bus program and provide for the
replacement of vehicles. Commissioner Baxter moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER TASK ORDER FOR IMMUNIZATION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Judy
Nero,Weld County Department of Public Health and Environment,stated under this task order,the Health
Department will received$27,000.00 to provide community education regarding the rules pertaining to the
immunization of students and infants,as well as monthly walk-in immunization clinics for people of all ages.
In response to Commissioner Geile, Ms. Nero stated the Weld County Department of Public Health and
Environment maintains all of the immunization records and works with school staff to keep them current.
Commissioner Geile moved to approve said task order and authorize the Chair to sign. Commissioner
Baxter seconded the motion, and it carried unanimously.
CONSIDER TASK ORDER FOR FAMILY PLANNING PROGRAM AND AUTHORIZE CHAIR TO SIGN:
Ms. Nero stated this is for the continuation of funding in the amount of$33,527.00, for the term beginning
January 3, 2000, and ending June 30, 2000. Ms. Nero explained the funds will be used to provide
contraceptive services to men and women, education and counseling, comprehensive health and social
histories, physical exams, supplies, and follow-up or referral services. Ms. Nero stated with the addition
of this funding,the total amount for the Family Planning Program will be$89,195.00. Commissioner Geile
moved to approve said task order and authorize the Chair to sign. Seconded by Commissioner Baxter,
the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR FOOD ESTABLISHMENT LICENSING AND
AUTHORIZE CHAIR TO SIGN: Ms. Nero stated this memorandum of understanding will allow the Weld
County Department of Public Health and Environment to continue administering the Colorado State Retail
Food Licenses within Weld County for the term beginning January 1, 2000, and ending January 1, 2005.
Ms. Nero explained the fees are based on the number of seats within a restaurant and square footage of
grocery stores and delicatessens. In response to Commissioner Geile, Ms. Nero stated the establishment
ratings are still published. Commissioner Baxter moved to approve said memorandum of understanding
and authorize the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
RIGHT-OF-WAY FOR WELD COUNTY ROAD 82 AND AUTHORIZE CHAIR TO SIGN - DIVERSIFIED
OPERATING CORPORATION: Frank Hempen,Jr., Director of Public Works, stated on November 1, 1999,
the Board denied the request of Mike Livengood to vacate the same portion of Weld County Road 82 as
proposed in this agreement, based on the finding that it would deny access to the property owned by
Diversified Operating Corporation. Mr. Hempen stated Diversified Operating Corporation has previously
Minutes, December 20, 1999 992999
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used a ranch road which crosses property owned by the Livengoods and has since been denied access.
Mr. Hempen explained there is a fence line along the section line for Weld County Road 82 which is used
by the Livengoods to corral their animals, and he stated the relocation of the fence needs to be addressed
prior to approval of this agreement. In response to Commissioner Baxter, Mr. Hempen stated this
agreement will create a new road within the right-of-way for Weld County Road 82. Responding to
Commissioner Geile, Mr. Hempen stated the fence along the section line will need to be removed and
replaced with two new fences along the north and south boundaries of the right-of-way. He further stated
cattle guards will be installed. Chair Hall indicated the applicant and surrounding property owners are not
present. In response to Commissioner Geile, Mr. Hempen stated there are physical barriers preventing
use of the right-of-way from the west and south; however, it may be possible to access the property from
the north. Mr. Barker stated he spoke with Terry Gammon, President of Diversified Operating Corporation,
who indicated the company's urgent need for use of this right-of-way to access and maintain oil and gas
wells in the area. Commissioner Geile moved to continue this matter to January 3, 2000, at 9:00 a.m., to
allow Department of Public Works staff adequate time to meet with the applicant and determine whether
unresolved issues with Mr. Livengood have been addressed. Seconded by Commissioner Baxter, the
motion carried unanimously. (Clerk's Note: At the request of staff, this matter was added to the Agenda
on Wednesday, December 22, 1999)
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
RIGHT-OF-WAY FOR WELD COUNTY ROAD 32 AND AUTHORIZE CHAIR TO SIGN -
WENZINGER/BULLARD: Mr. Hempen gave a brief description of the location of the right-of-way being
discussed and recommended approval. In response to Commissioner Geile, Mr. Hempen stated there is
not a notification process for Nonexclusive License Agreements,therefore, he is unaware whether Gerald
Green, surrounding property owner, has any objections or concerns. Mr. Barker clarified the Greens have
a title action on the section line running north-south along their property and taking action of Weld County
Road 32 will not affect the title action. No public testimony was offered concerning this matter.
Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Commissioner
Geile seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
A PORTION COLEMAN AVENUE IN ARISTOCRAT RANCHETTES, THIRD FILING, AND AUTHORIZE
CHAIR TO SIGN-MARTINDALE: Lee Morrison,Assistant County Attorney, stated this agreement involves
use of platted right-of-way,which is not maintained by Weld County. He stated lots that are not accessible
from existing roads have been sold, and although the Martindales live on an adjacent lot, they cannot
develop Lot 8 because it does not have sufficient access. Mr. Morrison stated this agreement will allow
access to Lot 8 only; it has a five-year term; and there is a provision which releases the Martindales from
performing the necessary maintenance. He further stated the owner of the remaining lots within this block
has been informed that the roads must be upgraded and paved before they can obtain building permits,
and maintenance of this portion of Coleman Avenue by the Martindales will cease once the developer
upgrades the area. In response to Commissioner Geile, Mr. Morrison stated Flint Street is not developed
and the only access is from the west. In response to Chair Hall, Mr. Morrison stated utilities will be located
within the right-of-way and this license will not affect them.
Diana Martindale, applicant, stated they are offering maintenance on the road until the issue is resolved
between the County and the developer, and added this agreement is necessary because they are making
payments for Lot 8 which worthless if they cannot develop it. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER 2000 CERTIFICATION OF LEVIES AND REVENUE AND AUTHORIZE CHAIR TO SIGN:
Mr. Hanes stated this is the annual Certification of Levies. Commissioner Baxter moved to approve said
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Page 3 BC0016
certification and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER AMENDMENT TO MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
BANNER HEALTH SYSTEM, OPERATOR OF NORTH COLORADO MEDICAL CENTER: Mr. Hanes
stated this amendment and the following eight items are in accordance with the 2000 Budget, and the only
new provider is the Radio Reading Services of the Rockies. Commissioner Geile moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
SENIOR CITIZEN COORDINATORS: Commissioner Baxter moved to approve said memorandum of
agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - RADIO READING
SERVICES OF THE ROCKIES: Commissioner Geile moved to approve said memorandum of agreement
and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - A KID'S PLACE:
Commissioner Baxter moved to approve said memorandum of agreement and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE
BEHAVIORAL HEALTH: Commissioner Geile moved to approve said memorandum of agreement and
authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTENNIAL
DEVELOPMENTAL SERVICES, INC.: Commissioner Baxter moved to approve said memorandum of
agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHERN
COLORADO ANIMAL LEAGUE: Commissioner Geile moved to approve said memorandum of agreement
and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY
CONVENTION AND VISITORS BUREAU: Commissioner Geile moved to approve said memorandum of
agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-GREELEY-WELD
ECONOMIC DEVELOPMENT ACTION PARTNERSHIP: Commissioner Baxter moved to approve said
memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the
motion carried unanimously.
CONSIDER RESOLUTION RE: 2000 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Mr. Hanes stated this is the annual Intergovernmental Agreement for Island
Grove Park. Commissioner Baxter moved to approve said resolution. Seconded by Commissioner Geile,
the motion carried unanimously.
Minutes, December 20, 1999 992999
Page 4 BC0016
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED
EMERGENCY ORDINANCE #204-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR
THE YEAR 1999: Mr. Hanes stated this resolution will direct the Clerk to the Board to publish a notice in
the County's legal paper, notifying County residents of the first reading of Ordinance#204-B, which will
be on December 27, 1999. Commissioner Geile moved to approve said resolution. Seconded by
Commissioner Baxter, the motion carried unanimously.
PLANNING:
FINAL READING OF ORDINANCE #212, IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE TOWN OF EATON:
Commissioner Baxter moved to Read Ordinance #212 by title only. Seconded by Commissioner Geile,
the motion carried unanimously. Mr. Barker read said title into the record. Anne Best-Johnson,
Department of Planning Services, stated on December 8, 1999, Department of Planning Services and
County Attorney staff met with Gary Carsten, Town Administrator, to discuss the terms of the agreement.
Mr. Barker stated following discussions with the Town of Kersey, Sections 3.3(a)and 3.5 of the agreement
have been amended as standard language for future Intergovernmental Agreements. He stated Don Hoff,
Town of Kersey Attorney, has reviewed and agrees with the proposed changes,which require a developer
to discuss annexation with the local municipality. He further stated the Town of Eaton is agreeable to the
proposed changes. In response to Chair Hall, Mr. Carsten indicated he understands the terms of the
Agreement, and stated these terms will allow the Town to review the proposal prior to approval by the
County. In response to Commissioner Baxter, Ms. Johnson stated when an application is submitted,
Department of Planning Services staff refers the developer to the municipality before processing the
application further. Commissioner Baxter moved to approve Ordinance #212 on final reading with the
changes as discussed above. Commissioner Geile seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #212 was approved on final reading.
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 9:45 a.m.
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Minutes, December 20, 1999 992999
Page 5 BC0016
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