HomeMy WebLinkAbout990934.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 26, 1999
TAPE #99-12 AND #99-13
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,
April 26, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County
Commissioners meeting of April 21, 1999, as printed. Commissioner Geile
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted
on April 21, 1999, as follows: 1)A Site Specific Development Plan and Special
Review Permit #1198, Enviro-Cycle, LLC, % Howard Boatright; and 2) A Site
Specific Development Plan and Special Review Permit#1208, Henry and Carol
Karre. Commissioner Vaad seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Baxter seconded the motion, and it carried unanimously.
PROCLAMATIONS: COUNTY OF WELD: CRIME VICTIMS' RIGHTS WEEK, APRIL 25 - MAY 1,
1999: Al Dominguez, 19 Judicial District Attorney, presented pins to the Board.
Chair Hall read a certificate for the record declaring the week of April 25, 1999,
as Crime Victims' Rights Week.
990934
CL' : j /in cbcP , /1x(7-`e BC0016
PUBLIC INPUT: Larry Bargas, Weld County resident, stated his house is adjacent to a dog
kennel and expressed concern with his neighbor who allows the dogs to bark
during the night, and added there is a lot of traffic at the facility. Mr. Bargas
stated he has spoken with Sharyn Frazer, Department of Planning Services,
who informed him that the property was granted a Use by Special Review
Permit (USR) in 1968 or 1969. He stated the neighborhood has formed a
petition to have the operation moved. Chair Hall commented the USR does not
set a limit on the hours of operation or the level of noise. He suggested Mr.
Bargas present his complaint in a civil court action to have the situation
resolved. Mr. Bargas stated the permit was approved many years ago and
since that time, people have moved into the area. He also expressed concern
with an operation on the Howard property, surrounding property owners. Chair
Hall reiterated the dog kennel was approved and granted a permit, and stated
the County Attorney's Office or Ms. Frazer can provide a copy of the original
permit with the Conditions of Approval and Development Standards. Chair Hall
stated the Board of Commissioners does not have the authority to resolve these
types of issues and they will need to be addressed in a civil court action.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $287,547.38
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Vaad seconded the motion,which carried unanimously.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - LEASING SOLUTIONS, INC.: Michael
Sampson,Assessor's Office, stated the computer system gave this property an
incorrect amount of depreciation. Commissioner Geile moved to approve said
petition and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN-FLACK OUTDOOR ADVERTISING, INC.: Mr.
Sampson stated Mr. Flack supplied the Assessor's Office with each individual
location which were then separated out; however, the original account was not
deleted and the petitioner was double assessed. Commissioner Geile moved
to approve said petition and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - ARAMARK SERVICES, INC., #1561: Mr.
Sampson stated the petitioner reported the property under different names in
the past which resulted in a double assessment. Commissioner Baxter moved
to approve said petition and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN-NORTHERN COLORADO PAPER COMPANY:
Mr. Sampson stated the equipment was reported by two companies and he is
Minutes, April 26, 1999 990934
Page 2 BC0016
recommending an abatement to Northern Colorado Paper Company which
leased the computer equipment from the IBM Credit Corporation and should not
have reported it since IBM had already done so. Commissioner Geile moved
to approve said petition and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER 1999 INNOVATION IN ASSET BUILDING GRANT APPLICATION
AND AUTHORIZE CHAIR TO SIGN: Judy Nero, Department of Public Health
and Environment, stated this application is requesting $10,480 for the period of
one year to be used for training of nursing staff for Public Health Education on
the Development Assets Framework. Ms. Nero reviewed the various assets
which will be taught. Commissioner Vaad moved to approve said application
and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER CONTRACT FOR RADON AWARENESS PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Nero stated the Environmental Health
Services Division will be developing a radon education program to raise
awareness levels of Weld County citizens, Realtors and building contractors.
The plan is to encourage people to have houses tested for radon and will
provide inexpensive, easy to use testing kits. Commissioner Geile moved to
approve said contract and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER INCREASING CHANGE FUND FOR WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Warden
stated this and the following item are to increase or establish a change fund for
the Departments of Public Health and Environment and Planning Services which
are moving into a new building and will not have access to the funds they are
sharing now. Commissioner Vaad moved to approve said change fund
increase. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER ESTABLISHING CHANGE FUND FOR DEPARTMENT OF
PLANNING SERVICES: Commissioner Baxter moved to approve said change
fund. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT FOR JUVENILE DIVERSION
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Nancy Haffner, District
Attorney's Office, stated the Juvenile Diversion Program has been awarded an
additional $294 which will be used for a desk, carrying case and sign.
Commissioner Vaad moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER CONTRACT FOR DIVISION OF CRIMINAL JUSTICE GRANT
AND AUTHORIZE CHAIR TO SIGN: Ms. Haffner stated this is the last renewal
year of a three year contract and the amount will remain the same.
Commissioner Vaad moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner Geile, the motion carried unanimously.
(Clerk's Note: Switched to Tape #99-13)
Minutes, April 26, 1999 990934
Page 3 BC0016
CONSIDER GRANT OF EASEMENT FOR PERMANENT NON-EXCLUSIVE
COUNTY ROAD AND AUTHORIZE CHAIR TO SIGN - GREELEY-WELD
COUNTY AIRPORT AUTHORITY: Bruce Barker, County Attorney, stated this
easement is for a cul-de-sac located on the west side of the new runway. Mr.
Barker explained that because Dale Hall is also the Chair of the Greeley-Weld
County Airport Authority, Commissioner Kirkmeyer will need to sign as Chair
Protem. Commissioner Vaad moved to approve said grant of easement and
authorize the Chair Protem to sign. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER AGREEMENT FOR CROSSING AND RELOCATION OF THE
WILLIAM R. JONES DITCH AND AUTHORIZE CHAIR TO SIGN: Mr. Barker
stated this agreement was originally approved on February 8, 1999. Since that
time it was discovered that the Central Colorado Water Conservancy District
has an easement to provide water and maintain the ditch and should be
included in the agreement regarding the crossing and relocation. Mr. Barker
stated the District's concerns and requests have been included in this
agreement and the Resolution #990244 for the first agreement will be
rescinded. Commissioner Baxter moved to rescind Resolution #990244,
approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
PLANNING: CONSIDER ZPMH#876 - LEROY JOHNSON: Sheri Lockman, Department of
Planning Services, stated staff approved Recorded Exemption #2308 on
August 13, 1998, for Leroy Johnson. As a Condition of Approval, the applicant
was required to submit evidence justifying the use of the second mobile home
under a Temporary Accessory to Farm permit. Ms. Lockman stated the
documentation provided does not substantiate the use of the mobile home;
therefore,the applicant has applied for a medical hardship permit. He submitted
a letter from Doctor Ewing indicating Mr. Johnson is physically impaired;
however, it does not state whether the resident of the second mobile home is
associated with Mr. Johnson's care. Ms. Lockman stated although adequate
documentation has not been received, staff does feel there is a need for the
second mobile home.
Mr. Johnson stated he grows pearl onions on his farm and explained he needs
additional people to help him run the farm and provide security. In response to
Commissioner Baxter, Mr. Johnson explained the onions require special cooling
and monitoring while they are in storage and stated he needs help to maintain
these conditions because he has Parkinson's disease and can only see with his
peripheral vision. Responding to Commissioner Baxter, Ms. Lockman stated the
applicant has failed to qualify for either type of permit due to lack of compliance
with one or two requirements. In response to Commissioner Vaad, Ms.
Lockman stated the Accessory to Farm permit is harder to document because
it must be confirmed that the resident is principally employed at the site. She
added a Medical Hardship permit is easier to verify with the submittal of a letter
from the applicant's doctor.
In response to Commissioner Geile, Phyllis Johnson, applicant, stated the
person living in the trailer is more involved in helping run the farm than with the
care of Mr. Johnson who cannot read or drive and added that Mr. Johnson's
condition is permanent. Responding to Ms. Johnson, Ms. Lockman explained
Minutes, April 26, 1999 990934
Page 4 BC0016
the permit is reviewed annually to allow staff to confirm that the use still exists.
There was no public testimony concerning this matter.
In response to Commissioner Geile, Mr. Barker stated the Board must make a
finding as to whether a medical hardship exists. He explained the Zoning
Ordinance lists two criteria which are: the existence of a medical hardship and
whether the resident provides full-time medical care. Commissioner Geile
commented Mr. Johnson receives full-time assistance with the farm and stated
his condition will only get worse. Chair Hall stated the resident is taking care of
the farm, not Mr. Johnson's medical needs. Commissioner Baxter moved to
approve the permit for an Accessory to Farm. Commissioner Geile seconded
the motion. In response to Mr. Barker, Ms. Lockman stated the notice was
given regarding a hearing to Find whether the applicant meets the criteria for a
Temporary Accessory to Farm permit. Mr. Barker clarified the motion Finds
there is sufficient evidence to continue use as allowed under the existing
Temporary Accessory to Farm permit. The motion carried unanimously.
SECOND READING OF ORDINANCE #119-O, IN THE MATTER OF THE
REPEAL AND RE-ENACTMENT OF THE WELD COUNTY BUILDING CODE
ORDINANCE: Commissioner Baxter moved to read Ordinance#119-O by title
only. Seconded by Commissioner Geile, the motion carried unanimously. Mr.
Barker read said title for the record and clarified Exhibits D, E, and F have been
submitted since the first reading. David Sprague, Planning Services, stated he
has received no public comment concerning this Ordinance. In response to
Commissioner Geile, Mr. Sprague stated the City of Greeley is adopting the
Uniform Plumbing Code (UPC). After reviewing the letter submitted by Larry
Frank, marked Exhibit F, he stated Grey Wheeler is from Texas where there are
several plumbing codes in effect and the International Plumbing Code(IPC) has
not caused any confusion.
Mr. Frank stated he attended the Planning Commission hearing and there was
concern regarding the lack of information provided. He stated his packet of
information includes portions of the Colorado Plumbing law which he reviewed
for the Board. Mr. Frank stated the IPC does not change the law concerning
public schools being inspected by a State licensed inspector and State
Legislators do not appear to be in favor of the International Code. Mr. Frank
stated the Installation Cost Comparison, marked Exhibit C, reveals the two
codes to be similar; however, the IPC does not address the inspection of
medical gas in hospitals. Mr. Frank stated he has asked a member of the State
Plumbing Board to attend the May 12, 1999 hearing. In response to
Commissioner Geile, Mr. Frank stated he began plumbing in 1969. He further
stated the State Legislature expressed concern that under the IPC, local
governments will be able to adopt their own codes and voted against the Bill for
the IPC. Mr. Frank stated many local governments, as well as plumbers are
expressing concerns with the proposed changes, and submitted the Colorado
State Law, Rules and Regulations, Colorado Plumbing Code Amendments,
marked Exhibit G, and the Engineering Comparison, marked Exhibit H, for the
record.
Clayton McManis, County resident, stated he has been a licensed plumber for
sixteen years and he is opposed to the adoption of the IPC in Weld County. Mr.
Minutes, April 26, 1999 990934
Page 5 BC0016
McManis stated he agrees with Mr. Frank and feels the Code is only marginally
safe and not up to Weld County Standards. In response to Chair Hall, Mr.
McManis stated one area of the Code that is lacking concerns the inspection of
backflow devices upon installation. He stated the IPC only requires the devices
be inspected annually and a initial failure may not be detected. Responding to
Commissioner Baxter, Mr. McManis stated often a backflow device will fail upon
its initial inspection because the system needs to be flushed. He explained
these systems prevent contaminants from entering the water system.
Greg Wheeler, City of Thornton Building Official, stated the Colorado Chapter
of Building Officials provides extensive amounts of information regarding the
IPC. He stated the legislature did not vote against House Bill #11-45, rather
they concluded it was unnecessary because local governments already have the
authority to adopt the Colorado Plumbing Code and then amend entirely and
replace it with the IPC. Mr. Wheeler further stated the UPC does not require
inspection of a backflow system at installation, however, it is a Colorado
amendment which many local governments amend their codes to include. He
added the National Fire Protection Association requirements, as well as the
Accessibility requirements are contained in the IPC. In response to
Commissioner Baxter, Mr. Sprague stated the number of ejector pumps
depends of the type of application. He explained larger commercial jobs
required an engineered design which calls for a backup pump. He stated local
governments have the ability to amend the International Code to what they feel
is adequate. Responding to Commissioner Geile, Mr. Wheeler stated he does
not know whether Jefferson County has stopped considering adoption of the
IPC and added there are nine jurisdictions in Colorado which have already
adopted the Code and numerous others are in the process of considering.
Responding to Commissioner Vaad, Mr. Wheeler stated the Uniform and
International Codes require the use of a backflow device and the State Law
amendment requires the device be inspected and tested upon installation. Mr.
Sprague stated Weld County does not currently have an amendment to require
inspection at installation; however, it is done anyhow for safety purposes. In
response to Commissioner Baxter, Mr. Wheeler stated builders must present
documentation that the alternate materials have been tested and approved
before they are allowed at a worksite. He further stated the International Codes
were created by a huge collection of officials in the Plumbing, Heating/Cooling
Association of three different regions. Mr. Sprague added that although many
believe the IPC is more liberal, the UPC has also made recent changes in the
same direction. Mr. Barker clarified the Board needs to review
Statute #12-58-104.5(2), which says local governments can amend the
Colorado Code providing it remains at least equal to the minimum requirements.
He referred to a memorandum from the Legislative Legal Services, marked
Exhibit A, explaining local jurisdiction to amend the Colorado Plumbing Code by
adopting the IPC as along as the requirements are at least equal to the State
Code. In response to Commissioner Baxter, Mr. Wheeler clarified the Board of
Plumbing Examiners adopts the Colorado Plumbing Code which is currently the
1994 UPC plus the State amendments. He explained Home Rule entities may
adopt any code as long as it meets the minimum requirements of the Colorado
State Code.
David Korth, Town of Johnstown Building Official, stated Mr. Frank made
comparisons between the IPC and the 1997 UPC; however, currently the State
Minutes, April 26, 1999 990934
Page 6 BC0016
Code is the 1994 UPC. He stated there are not significant differences between
the International Code and the State Code; however, there are at least 100
differences between the 1994 and the 1997 UPC. Mr. Korth stated both the IPC
and the UPC allow for alternate materials and added the IPC is based on
existing codes. He explained the State adopted the UPC in the 1980's;
however, before that the State had its own individual code. In response to
Commissioner Geile, Mr. Korth stated he is an employee of the Town of
Johnstown and has not worked in a jurisdiction which has adopted the IPC.
Commissioner Geile moved to deny Ordinance#119-0 on second reading. He
stated there is not enough background or evidence to show it will benefit the
construction field. The motion failed due to lack of a second. Mr. Barker
clarified the Ordinance does include other codes. Commissioner Baxter moved
to approve Ordinance #119-0 on second reading. Commissioner Vaad
seconded the motion. Commissioner Baxter commented there has been a lot
of opposition and he plans to review the material to ensure that adoption of the
IPC does not put an additional hardship of local contractors, plumbers and
inspectors. Commissioner Vaad commented the concerns have been
successfully rebutted and added a local entity can adopt a code as long as it
meets the minimum requirements of the State Code. Upon a call for the vote,
the motion carried three to one with Commissioner Geile opposed.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance #119-0 was approved on second 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 11:00 a.m.
BOARD OF COUNTY COMMISSIONERS
tK. : :air
D COUNTY COO DO
ATTEST: �I ��,,�i�, a �
� � � D
Weld County Clerk to th v.
(211/4 —
EXCUSED
Barbara J. Kirkmeyer, Pro-Tem
Deputy Clerk to the Bo f >!-4
eorgc(E axter
(14118,11-2
ile
r
Glenn Vaad
Minutes, April 26, 1999 990934
Page 7 BC0016
Hello