HomeMy WebLinkAbout970325.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 19, 1997
TAPE #97-04
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,
February 19, 1997, 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 George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Comptroller, Claud Hanes
MINUTES:
Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of February 12, 1997, as printed. Commissioner Hall
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 Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - DICK WESOLOWSKI, PRIVATE INDUSTRY
COUNCIL: Chair Baxter read the certificate commending Dick Wesolowski for
two years of service on the Private Industry Council. Mr. Wesolowski was not
present to receive his award.
RECOGNITION OF SERVICES - KIM MAGALEE, LONG TERM CARE BIO-
ETHICS COMMITTEE: Chair Baxter read the certificate commending Kim
Magalee for one year of service on the Long Term Care Bio-Ethics Committee.
Ms. Magalee was not present to receive her award.
RECOGNITION OF SERVICES - ROBERT GOMEZ, PRIVATE INDUSTRY
COUNCIL: Chair Baxter read the certificate commending Robert Gomez for
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two years of service on the Private Industry Council. Mr. Gomez was not
present to receive his award.
RECOGNITION OF SERVICES - JOHN DOLLARHIDE, WELD/LARIMER
LOAN REVIEW COMMITTEE: Chair Baxter read the certificate commending
John Dollarhide for seven years of service on the Weld/Larimer Loan Review
Committee. Mr. Dollarhide was not present to receive his award.
RECOGNITION OF SERVICES -TOM GONZALES, JUVENILE COMMUNITY
REVIEW BOARD: Chair Baxter presented Tom Gonzales with a certificate
commending him for three years of service on the Juvenile Community Review
Board.
RECOGNITION OF SERVICES - WILLARD KENDALL, FAIR BOARD: Chair
Baxter read the certificate commending Willard Kendall for one year of service
on the Fair Board. Mr. Kendall was not present to receive his award.
PUBLIC INPUT:
WARRANTS:
BIDS:
No public input was offered.
Claud Hanes, Comptroller, presented the following warrants for approval by the
Board:
All Funds $ 680,392.78
Commissioner Webster moved to approve the warrants as presented by Mr.
Hanes. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
PRESENT FURNITURE AND APPLIANCES FOR NORTH WELD JAIL -
SHERIFF'S DEPARTMENT: Pat Persichino, General Services Director, read
the names of seventeen vendors who submitted bids. Said bid will be
considered for approval on March 5, 1997.
PRESENT SIGN FACING MATERIAL, SIGN BLANKS, AND FIBERGLASS
REFLECTORS - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the
names of eight vendors who submitted bids and five vendors who indicated no
bid was being submitted. Said bid will be considered for approval on March 5,
1997.
PRESENT 1997 STEEL BID - PUBLIC WORKS DEPARTMENT: Mr.
Persichino read the names of eleven vendors who submitted bids. Said bid will
be considered for approval on March 5, 1997.
Minutes, February 19, 1997 970325
Page 2 BC0016
PRESENT 1997 TRAFFIC PAINT - PUBLIC WORKS DEPARTMENT: Mr.
Persichino read the names of three vendors who submitted bids. Said bid will
be considered for approval on March 5, 1997.
BUSINESS:
NEW: CONSIDER CACHE LA POUDRE RIVER FLOOD PLAIN INFORMATION
STUDY PLAN OF WORK AMONG COLORADO WATER CONSERVATION
BOARD, U. S. ARMY CORPS OF ENGINEERS, AND CITY OF GREELEY
AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, explained
the City of Greeley and Weld County entered into an informal agreement
approximately one year ago concerning the Cache LaPoudre River Study Plan
in which the County agreed to pay $16,000 plus $1,000 of labor to be provided
by the Public Works Department. Mr. Barker indicated all work has been
completed and the City is requesting payment of $16,000. He also indicated
there is no formal record of the proceedings; however, Don Warden, Director
of Finance and Administration, recently indicated to Mr. Barker he was aware
of the $16,000 agreement. After further discussion, Commissioner Kirkmeyer
moved to approve said plan and authorize the Chair to sign. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER ACCEPTANCE FOR PARTIAL MAINTENANCE OF SUBDIVISION
STREETS IN NORTHWEST ESTATES, SECOND FILING: Don Carroll,
Department of Public Works, stated the Board previously approved this item on
a work session request. He noted Northwest Estates is a rural subdivision
located north of the intersection of Weld County Roads 76 and 15, and the
streets were constructed to meet Weld County standards. Responding to Chair
Baxter, Mr. Carroll stated the procedure is to accept the streets for partial
maintenance at this time and, after the initial nine months or one year period,
the streets will be reinspected prior to acceptance for full maintenance. At that
time any repairs will be required by the developer. Responding to
Commissioner Kirkmeyer, Mr. Carroll explained partial maintenance is primarily
snow removal. Commissioner Kirkmeyer moved to accept Lee Lake Avenue,
Lake View Court, and Northwest Drive in Northwest Estates, Second Filing, for
partial maintenance. Seconded by Commissioner Harbert, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 52
BETWEEN WELD COUNTY ROADS 41 AND 43: Commissioner Hall moved
to approve said closure for replacement of Weld County Bridge #52141A.
Seconded by Commissioner Webster, the motion carried unanimously.
Minutes, February 19, 1997 970325
Page 3 BC0016
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED
HOURS, FOR LUCKY STAR CORPORATION, DBA LUCKY STAR BAR AND
GRILL, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the response
received from Deputy Mark Johnson of the Sheriff's Department indicated he
has no concerns regarding said renewal. Commissioner Kirkmeyer moved to
approve said renewal and authorize the Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR METRO OIL, INC.,
DBA TOTAL #2748, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the
response received from Deputy Mark Profitt, Sheriff's Department, indicated he
has no concerns regarding said renewal. Commissioner Webster moved to
approve said renewal and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND
CERTIFICATIONS OF PAY FOR JULY THROUGH DECEMBER 1996, AND
JANUARY 1997, AND AUTHORIZE CHAIR TO SIGN: Commissioner Hall
moved to approve said reports and authorize the Chair to sign. Seconded by
Commissioner Harbert, the motion carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS
SURPLUS PROPERTY, APPROVE CONTRACT TO AUCTION WITH RITCHIE
BROTHERS AUCTIONEERS INTERNATIONAL, AND AUTHORIZE CHAIR TO
SIGN: Mr. Hanes stated the Department of Public Works has two motorgraders
to be declared surplus under County policy and noted Ritchie Brothers
Auctioneers International, LLC, historically achieves the best results for the
County. Commissioner Harbert moved to approve said draft resolution. The
motion, which was seconded by Commissioner Webster, carried unanimously.
PLANNING:
CONSIDER RELEASE OF DEED OF TRUST AS COLLATERAL (LOT 1,
BLOCK 1), ACCEPT DEED OF TRUST AS COLLATERAL (LOT 2, BLOCK 1),
AND AUTHORIZE CHAIR TO SIGN - MEADOW VALE FARM (PLANNER
HODGES): Todd Hodges, Department of Planning Services, explained this
request was received from Floyd Oliver, President of Meadow Vale Farm, Inc.,
in order to facilitate the closing schedule for the sale of Lot 1, Block 1. Mr.
Oliver is offering Lot 2, Block 1 as collateral in exchange for the Release of
Deed of Trust being executed for Lot 1, Block 1. Commissioner Webster moved
to approve said Release for Lot 1, Block 1; to accept the Deed of Trust for Lot
2, Block 1 in exchange, and to authorize the Chair to sign the necessary
documents. Seconded by Commissioner Harbert, the motion carried
unanimously.
Minutes, February 19, 1997 970325
Page 4 BC0016
CONSIDER ACCEPTANCE OF IMPROVEMENTS AGREEMENT AND
COLLATERAL FOR PLATTE VALLEY AIRPARK, CIO MARILYN TAYLOR,
AND AUTHORIZE CHAIR TO SIGN (PLANNER HODGES): Mr. Hodges
presented an Improvements Agreement for Platte Valley Airpark, explaining the
collateral will be posted in the form of an escrow agreement whereby
100 percent of all contracts for purchase of hanger lots shall be placed in
escrow with Security Title Guaranty of Brighton until the estimated construction
price of $91,230 has been accumulated. The escrow agent guarantees the
escrowed funds will be used for improvements as specified in the agreement
and for no other purpose, and no portion of such funds will be released without
prior approval of the Board. Jim Erger, representing Marilyn Taylor, President
of Platte Valley Airpark, Ltd., stated they are satisfied with the terms and
conditions of the Improvements Agreement, as well as the terms set forth
concerning the escrow fund. Commissioner Webster moved to approve said
Improvements Agreement, accept the escrow account to be placed with Security
Title Guaranty of Brighton, and to authorize the Chair to sign said agreement.
The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
FIRST READING OF ORDINANCE NO. 195, IN MATTER OF INTERIM
COORDINATED PLANNING AGREEMENT WITH THE CITY OF DACONO,
TOWN OF FIRESTONE, AND TOWN OF FREDERICK: Mr. Barker read
Ordinance 195 into the record. Lee Morrison, Assistant County Attorney,
summarized the agreement and stated several public hearings were conducted,
in addition to the Planning Commission hearing. He stated this is a conceptual
agreement that is an interim agreement setting forth procedures and goals for
the short term, during which time a long-term plan can be approved and
adopted by the appropriate entities. Mr. Morrison noted this type of effort is
encouraged by Title 29, Article 20, CRS, in an effort to achieve cooperation
between local government entities for the purpose of planning and regulating
the development of land by the joint and coordinated exercise of planning,
zoning, subdivision, building, and related regulatory powers. He further
summarized the agreement encourages urban uses near the municipalities
where services can be provided (the urban growth area of each municipality),
while allowing non -urban or rural uses further from the towns but within three
miles of a municipal boundary (the Southern Weld Planning Area). Mr. Morrison
noted said agreement, if in effect, will require equal consideration to each
individual request regardless of the location of the residence or property, thus
eliminating the current concern of residents that they are not always given equal
consideration because of the location of their residence; however, he
emphasized no changes would be mandated for existing uses regardless of
their location. Responding to Commissioner Hall, Commissioner Kirkmeyer
stated all three municipalities have approved the agreement. Fred Walker,
Windsor, stated his concerns include the loss of property rights by individual
property owners and the potential of this agreement to lock certain uses into the
various urban growth and planning areas without addressing private property
rights. Responding to Mr. Walker, Mr. Morrison stated a PUD is a process, not
a use; therefore, it is very flexible and cannot be classified as urban or rural
Minutes, February 19, 1997 970325
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without looking at the specifics of each PUD. Also responding to questions from
Mr. Walker, Commissioner Kirkmeyer stated the County is already referring
cases to the Tri-Area Planning Board, and has been doing so for quite some
time. She reiterated this agreement has been in the works for the past several
years and concerns such as setting of the urban growth area for each
municipality was completed by each of the municipalities according to each
being able to meet the service requirements by providing the services. Mr.
Morrison stated the agreement does not preclude estate zoning; however, each
development would have to be considered on its own merits. Monica Daniels -
Mika, Director of Planning Services, reiterated each case would be considered
according to the intensity and definition, as long as services are available.
Responding to Chair Baxter, Mr. Walker stated he sees a potential for a private
property owner to lose the ability to change land use on his property, and said
he would like to see specifics of the allowed area for which particular uses are
allowed. Chair Baxter noted there is minimal change from current procedure,
and the Board of County Commissioners will still define the uses within the
planning area. Responding to further comments by Mr. Walker, Commissioner
Kirkmeyer noted a municipality can currently annex up to three miles from its
boundary each year, with only the approval of property owners; and reiterated
this agreement does not take anything away from anyone, it helps discourage
leap -frog development and annexations without more detailed planning.
Commissioner Kirkmeyer also reiterated the numerous public hearings, forums,
and bi-monthly meetings with the three mayors which have been conducted
over the past two years, as well as those held when the Board was considering
the Mixed Use Development Ordinance and updating the Comprehensive Plan.
Commissioner Hall stated the referrals have been made all along, within the
three-mile radius of each municipality, and this agreement will not change that.
Arlan Marrs, Fort Lupton, said he feels it is difficult to draw a line and allow
certain uses and regulations on one side of the line, while different uses and
regulations are allowed on the other side of the line. Commissioner Kirkmeyer
reiterated each municipality defined its urban growth area according to the area
in which it could provide the services. Mr. Morrison answered Chair Baxter's
concerns regarding amendments to the agreement by reminding everyone this
is an interim agreement, easily modified at this point by incorporating changes
into the long term agreement which will be forthcoming within one year and will
further define details for the Southern Weld Planning Area. He reiterated no
property rights are lost, and Board action remains within the limits of the
Constitution concerning property rights. Commissioner Hall stated he feels this
agreement delineates each urban growth boundary and, therefore, has to be
flexible, not precluding any specific use. Commissioner Harbert feels very
specific, strict standards are currently used, however, this agreement is much
more flexible. She also noted the three-mile radius is currently in place.
Commissioner Kirkmeyer stated the agreement started with a very broad area
and was further defined and trimmed down according to where services can be
provided at this point in time. She noted portions of the agreement allow for the
plan to be updated every five years; it is conceptual; it shapes the referral
process into a planning tool, it is not a zoning change, it is simply a planning
document or tool to be used. Virginia Shaw, Frederick, stated she lives at the
Minutes, February 19, 1997 970325
Page 6 BC0016
end of Frederick's Urban Growth Area and noted approximately 20 miles are
covered in this agreement. She encouraged the Board to continue to preserve
agricultural uses, suggesting the use of open space or purchase of land for
open space would allow a division to be kept between the communities. After
further discussion, Commissioner Harbert moved to approve Ordinance 195 on
first reading. The motion was seconded by Commissioner Kirkmeyer, who
reiterated the agreement does not take anything away from anyone, it does not
change property rights, it is not a useless agreement, it has taken several years
to get to this point, and it is the tool by which the County and municipalities can
provide quality development. Chair Baxter noted the involvement of the
Department of Local Affairs throughout the process of preparing this agreement.
On a call for the vote, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES:
Weld County Clerk to the B
Deputy Clerk to the Boar
The resolutions were presented and signed as listed on the consent agenda.
Ordinance 195 was approved on first reading with no changes made.
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 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL UNTY, 2OLORA�
E. Baxter, Chair
Minutes, February 19, 1997 970325
Page 7 BC0016
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