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Home My WebLink About992706.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 8, 1999 TAPE #99-35 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, November 8, 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 Commissioner George E. Baxter Commissioner M. J. Geile Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissicner Baxter moved to approve the minutes of the Board of County Commissioners meeting of November 3, 1999, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: READ ORDINANCE #209-A BY TAPE: Commission Kirkmeyer moved to read Emergency Ordinance #209-A by tape. Seconded by Commissioner Baxter, the motion carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on November 3, 1999, as follows: 1) A Site Specific Development Plan and Special Review Permit#1241 for a Recreational Facility (Golf Course) in the A (Agricultural) Zone District, Eaton Country Club; and 2)A Site Specific Development Plan and Special Review Permit#1243 for an Open Cut Gravel Mining Operation in the A(Agricultural)Zone District, Golden's Andesite Mining Company. Commissioner Vaad seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 992706 F-/Ykial / ,, J BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $695,886.83 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden Commissioner Geile seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER AGREEMENT FOR UNDERGROUND FACILITY LOCATING SERVICES AND AUTHORIZE CHAIR TO SIGN -UTILIQUEST, LLC: Bruce Barker, County Attorney, stated Utiliquest, LLC, has offered to find optic lines for Weld County Phone Services staff at a very reasonable price, and Susan Quick, Weld County Phone Services, recommends approval. In response to Chair Hall, Mr. Warden stated Utiliquest was the low bid. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER CHANGE ORDER#19 FOR PUBLIC WORKS SERVICE CENTER AND AUTHORIZE CHAIR TO SIGN - LANDMARK BUILDERS OF GREELEY, INC.: Mr. Warden stated this change order will allow for the construction of a building to house the magnesium-chloride and sand mixture which is applied to roads in the winter. He stated this change order associated with the Public Works contract and will cost a total of$160,417. Mr. Warden stated the quote from Landmark Builders of Greeley, Inc., was the most economical and added the design will match the other Public Works buildings. In response to concerns expressed by Commiss oner Vaad, Mr. Warden stated the building will be constructed with a finish that will not corrode. Commissioner Baxter moved to approve said change order and authorize the Chair to sign. Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER CORRECTED RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD COUNTY RIGHT-OF-WAY SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND RIGHTS-OF-WAY (SW4 OF S1 AND SE4 OF S2, T4N, R68) - ROCKY MOUNTAIN DISTRICT OF THE LUTHERAN CHURCH: Mr. Barker stated on July 7, 1999, this matter was considered and approved by the Board; however, the resolution was recorded with the incorrect legal description marked Exhibit A. Mr. Barker stated the correct legal has been attached and he recommends approval. Commissioner Kirkmeyer moved to approve said Resolution. Seconded by Commissioner Geile, the motion carried unanimously. EMERGENCY ORDINANCE#209-A, IN THE MATTER OF NCMC, INC.; RATIFYING AND CONFIRMING THE FORM OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH: Lee Morrison,Assistant County Attorney, stated the Board previously approved the form of various documents under Emergency Ordinance#209. He explained some of the documents involved the new western property acquired by the hospital and are inappropriate to be included in the bond issue. He stated the hospital anticipates developing the western property as a not-for-profit portion of the hospital and potentially enter into join ventures with independent physicians. Mr. Morrison stated the joint venture aspect of the plan makes the inclusion of the western property inappropriate as part of tax exempt bonds. He stated this Ordinance will delete all references of the "additional property" in existing documents and delete the approval of a lease which would have leased the western property to the Board of Commissioners. A new lease has been provided which will lease the land back to the health facilities authority. No public testimony was offered concerning this matter. Commissioner Baxter moved to approve Ordinance #209-A on an emergency basis. Seconded by Commissioner Vaad, the motion carried unanimously. Minutes, November 8, 1999 992706 Page 2 BC0016 PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#291 - CENTENNIAL BANK OF THE WEST: Ben Patton, Department of Planning Services, gave a brief description of the location of the site and stated staff has visited the site and determined that all required improvements have been completed. Commissioner Geile moved to approve said cancellation and release of collateral for Site Plan Review #291 for Centennial Bank of the West. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER PARTIAL RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR LINDIES LAKE FINAL PLANNED UNIT DEVELOPMENT, S #488 - BILL HALL: Mr. Patton stated this request is for a partial release of collateral. He gave a brief description of the location of the site and stated the applicant has completed all necessary improvements with the exception of the top half of the required paving for the internal road. Mr. Patton stated staff visited the site and determined that the necessary improvements have been completed; however, the applicant has provided a replacement form of collateral in the amount of $10,000 to cover the expense of any remaining improvements. Commissioner Baxter moved to approve the partial release of collateral and accept replacement collateral for Lindies Lake Final Planned Unit Development, S#488, for Bill Hall. Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER ZONING PERMIT FOR A MOBILE HOME, ZPMH #2167 - PAUL AND PATRICIA REDIN: Wendi Inloes, Department of Planning Services, gave a brief description of the location of the site and stated the property owner was unable to obtain the required 70 percent of signatures from surrounding property owners. Ms. Inloes stated the Town of Eaton submitted a referral expressing concerns with the amount of mobile homes in the area, the proposal is consistent with the Weld County Zoning Ordinance, and the Conditions of Approval will ensure the site is compatible with surrounding land uses. In response to Chair Hall, Ms. Inloes stated the applicant will be able to connect to public sewer. Commissioner Kirkmeyer stated Condition of Approval #7 needs to be amended to indicate Ordinance #89-JJ is the current text. Responding to Commissioner Vaad, Ms. Inloes stated the number of mobile homes in the area is equal to that of stick-built homes; the East Side Addition has been in existence for many years; and almost all of the property surrounding the development has been annexed by the Town of Eaton. In response to Commissioner Baxter, Ms. Inloes described the surrounding land uses, and stated the site can be accessed directly from Highway 85 or through the Agland property. Patricia Redin, applicant, stated they are requesting approval of this application to allow them to place a home on a lot rather than paying rent. She stated she has reviewed and agrees with the Conditions of Approval. In response to Commissioner Baxter, Ms. Redin explained they were not able to obtain the necessary amount of signatures due to conflicting work schedules. In response to Commissioner Kirkmeyer, Ms. Redin stated they will connect to public water and sewer facilities. Bob Rickberg,Agland, stated he has no concerns with the proposal. He requested the applicant be made aware of the surrounding land uses and the potential impacts. In response to Commissioner Baxter, Ms. Inloes indicated the location of Agland in relation to the proposed mobile home. In response to Commissioner Baxter, Ms. Inloes stated the Right to Farm Covenant may not be appropriate. Mr. Rickberg stated he wants to ensure the increased number of residents in the area does not negatively affect their operation which works directly with the agricultural community. Justin Markwardt, Clayton Homes, stated the mobile home, which will be placed on the site, meets all of the requirements for manufactured homes, and it will be a benefit to the appearance of the area. In response to Commissioner Baxter, Mr. Markwardt stated it is a single wide with wood siding and a pitched roof. Minutes, November 8, 1999 992706 Page 3 BC0016 In response to Commissioner Geile, Ms. Inloes stated the setbacks will be addressed when the building permits are issued. Commissioner Kirkmeyer moved to approve ZPMH #2167 with the Conditions of Approval. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER ZONING PERMIT FOR A MOBILE HOME, ZPMH#2164-MYRNA RANGEL Ms. Inloes gave a brief description of the location of the site and stated the Town of Eaton expressed the same concerns as discussed in the previous matter. Ms. Inloes stated the applicant was unable to acquire the required amount of signatures from surrounding property owners; however,the proposal is consistent with the Weld County Zoning Ordinance, and the Conditions of Approval will ensure the site is compatible with surrounding land uses. In response to Chair Hall, Ms. Inloes indicated the maps included in the original file were inadvertently switched and will be need to be corrected. In response to Commissioner Baxter, Ms. Inloes stated the mobile home is an older model, which has been on the site for several months, and the owner is just now getting a permit. Myrna Rangel, applicant, stated she has reviewed and agrees with the Conditions of Approval. In response to Commissioner Baxter, Ms. Rangel stated she was unable to receive the required amount of signatures because many of the homes are rented and she was unable to find the legal owners. Bob Rickberg, Agland, expressed the same concerns as stated in the previous matter. Commissioner Vaad moved to approve ZPMH #2164 with the Conditions of Approval. Seconded by Commissioner Baxter, l:he motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance#209-A was approved. Let the minutes reflect ':hat 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 9:40 a.m. BOARD OF COUNTY COMMISSIONERS / D C Y, O RADO ATTEST: hymil Alide iskshi ;: E., A Dale K. Hall, Chair Weld County Clerk to the Bo .. ( / /7 / BY: Q arb rkmeyer, ro-fem , � r�- cte— Deputy Clerk to the Boar' '� $`1 r - Geer xter iv / J. eile / Glenn act Minutes, November 8, 1999 992706 Page 4 BC0016 Hello