HomeMy WebLinkAbout970182.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 29, 1997
TAPE #97-03 & #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,
January 29, 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
Finance and Administration Director, Don Warden
MINUTES:
Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of January 27, 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 Hall 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:
All Funds $ 127,184.34
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Webster seconded the motion, which carried
unanimously.
BIDS: PRESENT BIDS: There were no bids presented.
970182
BC0016
APPROVE 938F CAT FRONT END LOADER - PUBLIC WORKS: Pat
Persichino, Director of General Services, stated the Department of Public Works
recommended approval of the low bid from Colorado Machinery, based on the
ten-year cost study and resale value. Commissioner Harbert moved to accept
the low bid plus option 2, in the total amount of $101,859. Seconded by
Commissioner Webster, the motion carried unanimously.
APPROVE ONE-HALF TON FOUR WHEEL DRIVE PICKUP - PUBLIC
WORKS: Mr. Persichino stated the Department of Public Works recommended
approval of the low bid from Heritage Ford. Commissioner Webster moved to
accept the low bid, with one set of manuals, in the total amount of $53,350. The
motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
APPROVE ELECTRONIC SLOPE METER - PUBLIC WORKS: Mr. Persichino
stated the Department of Public Works recommended approval of the low bid
from Wagner Equipment. Commissioner Hall moved to approve the low bid, in
the total amount of $4,000. Seconded by Commissioner Harbert, the motion
carried unanimously.
APPROVE 970F CAT LOADER W/SCALE - PUBLIC WORKS: Mr. Persichino
stated the Department of Public Works recommended approval of the bid from
Wagner Equipment Company, based on the ten-year cost analysis and resale
value. Commissioner Harbert moved to approve the bid from Wagner
Equipment Company, with options 1, 2, and 3, for a total price of $230,158. The
motion, which was seconded by Commissioner Webster, carried unanimously.
APPROVE SLIP -IN "V" SPREADER FOR ONE TON - PUBLIC WORKS: Mr.
Persichino stated the Department of Public Works recommended the low bid
from Ledom Hayes Truck Equipment. Commissioner Hall moved to approve
said bid, in the amount of $3,306. Seconded by Commissioner Harbert, the
motion carried unanimously.
APPROVE SLIP -IN "V" SPREADER FOR TANDEM TRUCK - PUBLIC
WORKS: Mr. Persichino stated the Department of Public Works recommended
the low bid from Frontier Truck Equipment. Commissioner Webster moved to
approve said bid, in the amount of $6,959. The motion, which was seconded
by Commissioner Kirkmeyer, carried unanimously.
APPROVE SLIP -IN "V" SPREADER FOR 3 -TON DUMP TRUCK - PUBLIC
WORKS: Mr. Persichino stated the Department of Public Works recommended
the low bid from O. J. Watson Equipment. Commissioner Harbert moved to
approve said bid, in the amount of $5,349. Seconded by Commissioner
Webster, the motion carried unanimously.
Minutes, January 29, 1997 970182
Page 2 BC0016
APPROVE RUBBER TIRE ROLLER - PUBLIC WORKS: Mr. Persichino stated
the Department of Public Works recommended the low bid from Wagner
Equipment. Commissioner Hall moved to approve said bid, in the amount of
$9,076. Seconded by Commissioner Harbert, the motion carried unanimously.
APPROVE 12 PASSENGER WINDOW VAN - SHERIFF: Mr. Persichino stated
the Sheriffs Department recommended approval of the bid from Weld County
Garage, Inc., since the three lower bids do not meet specifications. Dave
Malcom, Sheriffs Department, explained the van is required to transport
inmates plus their property between the north jail complex and the Centennial
Complex, as well as to Canon City when requested by the State. He explained
the question of wheel base length was discussed in detail at the pre -bid
conference, and vendors were advised they could bid the shorter wheel base,
as long as the extended body was included, to allow room behind the rear seat
for inmates' personal property. Mr. Malcom stated the three lowest bids do not
include the extended body. Responding to questions from Commissioner
Harbert, Mr. Malcom stated staff often transports inmates who have
accumulated additional property. He also discussed the officer safety issue,
which occurs because the three low bidders did not include driver -controlled
rear view mirrors on both sides of the van, and noted the bid from Weld County
Garage, Inc., does include this feature. After further discussion regarding the
need for the extra storage space and the length of wheel base, Mr. Persichino
reiterated the issue was extensively covered at the pre -bid conference.
Commissioner Harbert moved to reject the bid, and Commissioner Hall
seconded the motion. Commissioner Kirkmeyer clarified that staff will rebid
after a work session is scheduled to discuss the specifications. The motion
carried unanimously.
APPROVE ONE-HALF TON FOUR WHEEL DRIVE PICKUP W/EXTENDED
CAB - PUBLIC WORKS: Mr. Persichino stated the Department of Public
Works recommended approval of the bid from Fogle-Olds GMC Subaru.
Responding to Commissioner Hall's question as to why the low bid is not
recommended, Mr. Persichino read the recommendation from Public Works into
the record, thereby stating the low bid did not meet engine specifications and
the second lowest bid did not include manuals or a rear seat, the addition of
which would make the bid higher than Fogle-Olds. Commissioner Webster
moved to approve the bid from Fogle-Olds GMC Subaru, with one set of
manuals, in the amount of $20,884. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
APPROVE PASSENGER VEHICLES - SHERIFF, DISTRICT ATTORNEY,
PLANNING: Mr. Persichino stated the three departments purchasing said
vehicles all recommended approval of the low bid from Heritage Ford, with
manuals. Commissioner Hall moved to approve the low bid. The motion, which
was seconded by Commissioner Harbert, carried unanimously.
Minutes, January 29, 1997 970182
Page 3 BC0016
APPROVE COMPACT VEHICLE - BUILDING INSPECTION: Mr. Persichino
stated the Department of Planning Services recommended the low bid from
Heritage Ford. Commissioner Webster moved to approve the bid, in the amount
of $12,732 with manuals. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
APPROVE MID -SIZED FOUR WHEEL DRIVE PICKUP W/EXTENDED CAB -
BUILDING AND GROUNDS, COMMUNICATIONS: Mr. Persichino
recommended approval of the low bid from Heritage Ford for the Buildings and
Grounds Department, in the amount of $18,608; however, since Option 3 is
required by the Communications Department, Fogle-Olds GMC Subaru is the
low bid, in the amount of $19,393. Commissioner Harbert moved to accept the
bid from Heritage Ford for the Buildings and Grounds Department vehicle and
from Fogle-Olds GMC Subaru for the Communications Department. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE MEDIUM DUTY TRUCK W/BOX - SHERIFF: Mr. Persichino stated
the Sheriffs Department recommended approval of the low bid from Weld
County Garage, Inc., in the amount of $29,381. Commissioner Hall moved to
approve said bid. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
APPROVE 4 -DOOR FOUR WHEEL DRIVE VEHICLE - PUBLIC WORKS:
Mr. Persichino stated the Department of Public Works recommended the
approval of the low bid from Fogle Oldsmobile-GMC. Commissioner Webster
moved to approve said bid, in the amount of $22,009. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE ONE-HALF TON COMPACT PICKUP - BUILDING INSPECTION:
Mr. Persichino stated the Department of Planning Services recommended the
low bid from Heritage Ford, with one set of manuals. Commissioner Harbert
moved to approve said bid, in the amount of $10,086. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
APPROVE ONE-HALF TON FOUR WHEEL DRIVE TRUCK W/EXTENDED
AND CLUB - SHERIFF: Mr. Persichino stated this bid is for the animal control
truck and Kim Fliethman, Sheriffs Department, recommended the second
lowest bid from Weld County Garage, Inc. After measuring the cargo box of the
Dodge, he found the box is three inches wider at the front than it is in the rear;
also, the current bolt pattern would require retrofitting which would make the bid
from Greeley Dodge exceed that of Weld County Garage, Inc. Commissioner
Webster moved to approve the bid from Weld County Garage, Inc., in the
amount of $21,727. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
Minutes, January 29, 1997 970182
Page 4 BC0016
APPROVE 1997 TRASH REMOVAL - ALL DEPARTMENTS: Mr. Persichino
requested another one -week extension before approval of this bid.
Commissioner Kirkmeyer moved to continue to Wednesday, February 5, 1997,
at 9:00 a.m. Seconded by Commissioner Harbert, the motion carried
unanimously.
BUSINESS:
NEW: CONSIDER APPOINTMENT TO JUVENILE COMMUNITY REVIEW BOARD:
Commissioner Harbert moved to appoint Jacqueline Phillips to replace Tom
Gonzales on said board, with a term to expire November 1, 1998. Seconded
by Commissioner Hall, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO WELD COUNTY AREA AGENCY ON
AGING: Commissioner Kirkmeyer moved to reappoint Mary Ellen Faules, Mary
Fox, and Judy Yamaguchi to the Area Agency on Aging, with terms to expire
January 31, 2000. The motion, which was seconded by Commissioner Harbert,
carried unanimously.
CONSIDER REAPPOINTMENT TO GREELEY-WELD COUNTY AIRPORT
AUTHORITY: Commissioner Hall moved to reappoint George Baxter to said
Board, with a term to expire December 31, 2000. Seconded by Commissioner
Harbert, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO WELD COUNTY
PRIVATE INDUSTRY COUNCIL: Commissioner Harbert moved to appoint
Brian Lessman to replace Robert Gomez, with a term to expire December 31,
1997; and to reappoint J. V. Teague, Charles Meyers, Sue Bjordland, and Willie
Morton, with terms to expire December 31, 1999. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
PLANNING:
FINAL READING OF ORDINANCE NO. 191, IN MATTER OF ADOPTING THE
MIXED USE DEVELOPMENT PLAN: Commissioner Kirkmeyer moved to read
by title only. Seconded by Commissioner Hall, the motion carried unanimously.
Lee Morrison, Assistant County Attorney, is now acting as Attorney of Record
and read the title of Ordinance No. 191. Kerri Keithley, Department of Planning
Services, reviewed her memo to the Board, dated January 27, 1997, with staff
recommendations for changes to the Ordinance after second reading. She
discussed Common Open Space, especially in areas where municipalities may
annex, and stated staff found most of the municipalities require 12 to 15 percent
Common Open Space, with the exception being Longmont's criteria, which is
based on density and the zone district of the development. Ms. Keithley
reviewed additional verbiage to Section 2.3 allowing greater flexibility in
Minutes, January 29, 1997 970182
Page 5 BC0016
evaluating proposals containing less than the percentage of Common Open
Space delineated in Table 2.2; to Section 2.6.3 to ensure that plantings in
parking areas do not obstruct visibility; to Section 2.2.4 to promote the
continuance of the agrarian lifestyle in the area; to Section 2.8.4 regarding
regulations for a development complex sign in order to address the identification
signage for Planned Unit Developments; to Section 3.2 to identify the Rinn
Church as a historic site in the MUD area; and to Section 3.2.2.1 regarding
updated school capacity and projected enrollments in Table 3.1. Monica
Daniels -Mika, Director of Planning Services, stated another meeting was held
on January 16, 1997, at the Rinn Church, and the attendance record for that
meeting is attached to Ms. Keithley's memo. She stated staff then contacted
those property owners not present at the meeting to determine their desires as
to whether the area should be shown as residential or employment center. In
this manner, staff was able to redraw the map reflecting the intent of citizens,
which allowed for more residential area and less employment center. Ms.
Daniels -Mika then delineated the changes on the Structural Land Use Map,
using Map A to show the area as it exists at present; Map B, labeled Citizen and
Phone List, shows the response of citizens contacted by staff and at the
January 16 meeting; and Map C shows the final recommendation of staff. Drew
Scheltinga, County Engineer, reviewed his memo to the Board, dated
January 23, 1997, discussing a request from the citizens to change the
classification of Weld County Road 7 on Map 2.2, Transportation Network, from
a four -lane arterial with a painted median to a two-lane collector. He stated that,
regardless of what is shown on the Transportation Network Map, the
requirements for number of through lanes, turn lanes, acceleration lanes, etc.
should be determined by the traffic studies required in Section 2.7, which is
consistent with MUD.T Policy 3.3 on page 11. Mr. Scheltinga also discussed
the need for a 100 -foot right-of-way required by the four -lane, as opposed to the
80 -foot right-of-way required by the two-lane. Although it is a difference of only
ten feet on each side, it makes a great deal of difference when adding lanes in
the future. Mr. Scheltinga pointed out there also is a requirement for bike lanes
and pedestrian ways; however, there is no extra room within the 80 -foot right-
of-way for them. He also reiterated the MUD Plan is clear that roadways will not
be widened unless land development occurs and a traffic impact analysis
indicates widening is necessary. Therefore, Mr. Scheltinga recommends
leaving Weld County Road 7 classified as a four -lane arterial with painted
median on the Structural Transportation Network Map. Mr. Scheltinga also
recommended clarifying that Turner Boulevard should be extended to the south
and tied into the proposed north/south four -lane arterial to the west by adding
the following as the last sentence in the first paragraph on Page 89: "Turner
Boulevard should be extended south into the future employment area and
connect to the proposed north/south four -lane arterial that will be located to the
west." Ms. Daniels -Mika presented correspondence received in her office: a
newspaper column entitled "We The People" from The American's Bulletin,
published January 1997; a letter dated January 6, 1997, from Virginia Shaw;
and a letter dated January 17, 1997, from Guy Simone. Warren Napier, Pastor
of the Rinn Community Church and resident of the MUD Plan area, commended
the Board for honoring the request of residents to designate the Rinn Church as
Minutes, January 29, 1997 970182
Page 6 BC0016
a community historical site. He discussed several areas of concern, specifically,
maintaining the quality of life and protecting individual property rights. He also
voiced concern that there are no housing or school plans included in the plan.
Mr. Napier also presented a video tape of the citizens meeting and a letter he
wrote discussing his concerns in more detail. Responding to questions raised
by Robert Nash regarding EPA clearance, Mr. Morrison stated federal action is
required before EPA involvement is allowed; therefore, EPA would not even
consider this type of plan. Mr. Nash also raised questions as to the financing
of the plan and increasing the density in the area. Commissioner Kirkmeyer
responded that this process is lowering the density, not increasing it, and the
efforts put forth have been to elevate the quality of the standards and
development in the MUD area, thereby maintaining the quality of life. Chair
Baxter also stated the MUD Plan is being considered in order to manage the
situation. Responding to Commissioner Webster, Mr. Nash stated there is
interest in incorporating the area; however, they are not sure of the mechanism
and necessary procedures. (Changed to Tape #97-04.) Wes Johnson spoke
to the Board in support of the Common Open Space requirement at 25 percent.
He also stated the four -lane designation of Road 7 would allow it to serve more
as a commuter road, and he stated other designs would better serve that need.
Chair Baxter and Commissioner Kirkmeyer responded that the four -lane road
would only be undertaken when dictated by traffic and development, per the
MUD Ordinance. Marvin Hopper stated his concerns regarding designation of
a four -lane road and access to 1-25 and having quality development by requiring
more Common Open Space; however, his concern was that the delineation of
employment center areas and residential areas could affect the sale of property
in the future, and may be somewhat limiting. Ms. Daniels -Mika responded the
Ordinance includes a structural, or "living" map, meaning it will change as
appropriate, and an individual will be able to petition changes to the map. She
noted it is really a conceptual map of how things are; however, it is not a zoning
map. Responding to Mr. Hopper, Commissioner Harbert stated the Enterprise
Zone was totally wiped out of the 1-25 area. Commissioner Kirkmeyer clarified
the State changed the requirements, and each Enterprise Zone now has to be
reauthorized by meeting strict criteria. Responding to questions from the Board,
Mr. Scheltinga stated the property value issue is covered by State statute, and
reiterated his recommendation for the four -lane designation of Weld County
Road 7, which at this point is only a reservation of right-of-way until the
development and traffic studies require more. At that point, right-of-way would
need to be acquired, which would then compensate owners of those portions
of property. Barbara Brook, representing Rocky Mountain Trust, which owns
200 acres, stated she appreciates the efforts of staff in the completion of this
task, and she commended the Board for its attempt to manage development by
placing more stringent controls through this Ordinance. Guy Simone,
representing eight owners, stated his concerns that there is no way of
implementing this plan. He spoke of the Board's inability to condemn property
south of Turner Boulevard, and stated he has become disenfranchised by the
entire situation. Responding to Commissioner Harbert, Mr. Simone stated he
owns the property southwest of the present end of Turner Boulevard. Mr.
Scheltinga responded that the most appropriate plan seems to be to extend
Minutes, January 29, 1997 970182
Page 7 BC0016
Turner Boulevard to the south; however, in the past efforts to do so have been
blocked by property owners on the east side. He stated a Local Improvement
District would probably be appropriate in the future, since there has been some
change of ownership in the affected area, and noted Turner Boulevard is the
highest traffic count road in Weld County. Kris Pickett discussed his concerns
regarding development signs and the designation of employment center areas
and residential areas, noting the purpose of open space is to enhance the area
in residential areas. However, he stated it is not necessary to have the same
amount of enhancement in the employment center areas, and noted quality
development can be achieved without a high amount of open space. Artie
Elmquist discussed whether the growth would be able to pay for itself and stated
his concerns about increased density, law enforcement requirements, and
schools. Mr. Morrison responded the recent Supreme Court decision did not
affect the County getting land or payment -in -lieu of land from the developers
and stated each would be referred to the appropriate school district on a
case -by -case basis. Mr. Morrison also reiterated the plan does not obligate the
County to approve development; approval will also be handled on an individual
case basis. Commissioner Kirkmeyer again stated the County is not adding
growth or population; however, it is trying to strengthen the ability to maintain
and improve the quality of the area by requiring more stringent standards for
development. She pointed out that MUD standards already exist in our Zoning
Ordinance and noted the County is not adding anything. Sharon Hopper
questioned whether there are lottery dollars available with which to acquire open
space. Commissioner Kirkmeyer responded that the County can apply for a
grant; however, it is judged competitively on a case basis. Commissioner Hall
stated the County has already applied for one such grant; however, it was
unsuccessful. Mr. Morrison stated the application must be based on a specific
plan and cannot be simply to acquire land. Commissioner Kirkmeyer discussed
the criteria involved in the process. There being no further comments, Chair
Baxter closed public testimony. Commissioner Kirkmeyer moved to approve
Ordinance No. 191 on final reading, including the recommendation of
Department of Planning Services staff as listed in the memo dated January 27,
1997; adding the sentence recommended by the County Engineer in the first
paragraph of page 89 regarding Turner Boulevard; clarification of the
Transportation Map, as requested by staff; and inclusion of the recommended
1-25 Structural Plan Map. Commissioner Webster seconded the motion.
Commissioner Harbert confirmed Common Open Space was reduced to 20
percent in the prior reading, and Commissioner Kirkmeyer commended staff for
the fine work done throughout the development of this plan. The motion carried
unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance No. 191 was approved on final reading, with revisions.
Minutes, January 29, 1997 970182
Page 8 BC0016
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 11:10 a.m.
ATTEST:
Weld County
BY:
lerk to the Snare, -
Deputy Clerk to
Dale K. Hall
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
eorge. Baxter, Chair
nce L. Harbert, Jiro-Tem
/-aarbara J. Kirkmeyer
a
4.4 WiifiV14
W. H. Webster
Minutes, January 29, 1997 970182
Page 9 BC0016
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