HomeMy WebLinkAbout992506.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 13, 1999
TAPE #99-32
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, October 13, 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 quo-um of the members thereof:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. E3axter
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 October 11, 1999, as printed. Commissioner Baxter seconded the motion, and it 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 Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, UNIFORM BUILDING CODE BOARD OF APPEALS-CARL HORNING:
Chair Hall read the certificate into the record recognizing Carl Horning, who was not present, for his year
of service on the Uniform Building Code Board of Appeals.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $106,779.56
Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT CENTENNIAL CENTER AND MARLBOROUGH BUILDING RENOVATION BID - FINANCE
DEPARTMENT: Pat Persichino, Director of General Services, presented the five bids received. Said bids
will be considered for approval on Wednesday, October 27, 1999.
PRESENT AND APPROVE SALE OF FOUR USED FLAT BED RAIL CAR BRIDGES 40' X 8' BID: Mr.
Warden presented the scle bid received from Bliss Produce Company in the amount of $800.00.
Commissioner Geile moved to approve said bid. Seconded by Commission Vaad, the motion carried
unanimously.
APPROVE REHABILITATION OF BRIDGES BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino stated the Department of Public Works recommends acceptance of the low bid from Walsh
Construction, Inc., in the amount of $247,711.00. Commissioner Baxter moved to approve said bid.
Seconded by Commissioner Vaad, the motion carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-MRS. LEO K.WARDMAN, DBA ROCKPORT INN: Mr. Barker stated Deputy Richardson expressed
no concern with this application. Commission Vaad moved to approve said application. The motion,which
was seconded by Commissioner Geile, carried unanimously.
CONSIDER CHANGE OF OWNERSHIP FOR 3.2 PERCENT RETAIL BEER LICENSE FROM CONO
SERVICES, INC., DBA CONOCO#06355 TO PYNERGY, LLC, DBA CONOCO AND AUTHORIZE CHAIR
TO SIGN: Mr. Barker stated he has reviewed this application and it is complete. Commissioner Geile
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER TEMPORARY PERMIT FOR 3.2 PERCENT BEER RETAIL LICENSE FOR PYNERGY, LLC,
DBA CONOCO AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated a temporary permit will allow the
applicant to remain in operation while the Change of Ownership application is being processed, and added
the applicant has paid the $100 fee. Commissioner Geile moved to approve said temporary permit and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PRELIMINARY PETITION TO ANNEX PORTIONS OF CHERRY AVENUE AND EAST 20TH
STREET-JAMES RAWSON, SUNDANCE DEVELOPMENT COMPANY: Lee Morrison,Assistant County
Attorney, explained this is not a public hearing process. He stated due to technical requirements of a
flagpole annexation, the Cil:y of Greeley has requested the applicant attempt to get the signature of Weld
County on the petition. He stated the decision to annex the property for the development is that of the
Greeley City Council, and the only jurisdiction Weld County has is over the right-of-way on the streets
adjacent to the property. In response to Commissioner Geile, Mr. Morrison stated the City has not yet
been presented with the application. Responding to Commissioner Baxter, Mr. Morrison stated flagpole
annexations do not need permission of the Board. He added there may be other options for annexing
these portions of road without involving the County. James Rawson stated a title company conducted a
Minutes, October 13, 1999 992506
Page 2 BC0016
title search of properties within 300 feet and apologized to the residents who were not included on the list
to be notified. He gave a brief description of the location of the property, which is zoned for low-medium
density housing. Mr. Rawson described the type of development proposed on the property, as well as
similar types of developments in which he is involved. He stated because this development is located on
Highway 34 frontage, he may request the frontage be zoned as commercial to provide services to the new
residents. In response to Commissioner Geile, Mr. Rawson stated there will be approximately 350 homes.
In response to Commissioner Geile, Mr. Rawson addressed the various concerns referred to in a petition,
marked Exhibit A. He stated the existing roads will have to be brought to Greeley standards, and will likely
be widened to accommodate the increase of traffic. He further stated the Greeley Irrigation Ditch will not
be impacted, and because he owns water rights, a portion of the water will be diverted to irrigate the
common areas and lawns. Mr. Rawson stated there is also the possibility of drilling one or two wells on
the property for irrigation. Responding to further concerns of the petitioners, Mr. Rawson stated the ditch
has easements and right-of-way which will be developed around; snow removal and maintenance of the
streets will become the responsibility of the City of Greeley once the property is annexed; and a Home
Owners Association will be established; however, he is not yet certain who will maintain the internal streets.
He further stated the increased traffic will be accommodated by widening the existing roads; a traffic study
will be conducted to ensure the proposed improvements are adequate; and sidewalks will be constructed
along Cherry Avenue and East 20th Street to provide added safety to school children. In response to
Commissioner Baxter, Mr. Rawson stated the traffic will flow in all directions from the two accesses on
Cherry Avenue and East 20th Street. Responding to Commissioner Geile, Mr. Rawson stated East 20th
Street has already been improved up to Balsom Avenue and this development will make improvements
to Cherry Avenue from East 20th Street to the Highway 34. (Clerk's Note: Board considered remaining
items of business and then returned to this matter.) Mr. Rawson stated there is a similar development in
the area which will require the widening of East 20th Street and this proposal will work well with those
changes. In response to Chair Hall, Mr. Morrison stated part of the reason the County has been
approached regarding this matter is because Mr. Rawson does not own all of the property contiguous to
Cherry Avenue. Responding further to Chair Hall, Mr. Rawson stated the City of Greeley has requested
he involve the County in the petition. Mr. Morrison explained if the Board denies this request and does not
sign the petition, it may still be possible for Mr. Rawson to accomplish the annexation through other means.
Esteban Salazar, surrounding property owner, submitted additional signatures to the petition, marked
Exhibit A, which are opposed to the proposal, as well as a diagram, marked Exhibit B, showing the location
of surrounding property owners in relation to the subject property. Mr. Salazar stated widening East 20th
Street will bring the right-of-way very close to the front doors of the existing homes. He stated the
development will dramatically affect the homes in the area, through increased traffic volume and dangers
for school children, and he added that there are residents completely surrounding the development, which
are opposed to this proposal. In response to Commissioner Baxter, Mr. Salazar indicated the school is
located 1/2 mile away and kids currently walk, are driven, or are bused to school.
Norman Nash, surrounding property owner, state he is an 18-year resident of this area, and he feels Weld
County does a good job of maintaining the streets during the winter, whereas the City of Greeley is not as
efficient. Mr. Nash expressed concern with being a Weld County resident and having no say in how the
City of Greeley maintains the area. He stated much of the surrounding area has or will be annexed and
he fears this home and neighborhood will soon be annexed and he will not have any say in the process,
and he asked the Board deny the request to sign the petition.
John Swanson, surrounding property owner, stated the proposed project is not consistent with the type of
development already in the area and he is opposed to the request.
In response to Chair Hall, Mr. Morrison stated if the petition is approved, the Board needs to authorize the
Chair to sign the petition when a finalized version is received. In response to Commissioner Vaad, Mr.
Minutes, October 13, 1999 992506
Page 3 BC0016
Morrison stated approval of this petition would leave a small portion of East 20th Street in Weld County
and could be a maintenance problem. Mr. Rawson stated he had not considered annexing East 20th
Street rather than Cherry; however, if it is the desire of the Board he has no objections. Commissioner
Vaad commented annexation of East 20th Street would be less of a problem for Weld County.
Commissioner Geile clarified the land use issues will have to be considered by the City of Greeley.
Commissioner Geile moved to approved preliminary petition and authorize Chair to sign. Commissioner
Vaad seconded the motion with a modification to the motion to require the petition be amended to annex
East 20th Street. Commissioner Baxter expressed concern with Weld County being placed in a position
of essentially approving a land use matter they have no jurisdiction over, and he is opposed to the motion.
Chair Hall concurred with Commissioner Baxter, and stated it would benefit Weld County to remain neutral
and allow the developer to resolve any issues without the input of Weld County which does not have
jurisdiction over the development. Upon a call for a vote, the motion failed to pass with Commissioners
Geile and Vaad in favor, and Commissioner Baxter and Chair Hall opposed.
CONSIDER CONTRACT FOR SUICIDE EDUCATION AND PREVENTION PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Judy Nero, Weld County Department of Public Health and Environment, stated the
County has been granted$25,800.00,which will be subcontracted with the Suicide Education and Support
Services of Weld County to provide a multimedia suicide prevention and education campaign.
Commissioner Vaad moved to approve said contract. The motion,which was seconded by Commissioner
Baxter, carried unanimously.
CONSIDER AGREEMENT FOR SUICIDE EDUCATION AND SUPPORT SERVICES AND AUTHORIZE
CHAIR TO SIGN: Ms. Nero stated this agreement allows Weld County to subcontract with the Suicide
Education and Support Services of Weld County as discussed in the previous matter. She stated Weld
County will be reimbursed up to $25,800.00 during the term beginning October 1, 1999, and ending
September 30, 2000. Commissioner Vaad moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER INCREASE TO PURCHASE ORDER P9901299 - NORTHERN COLORADO TRAFFIC
CONTROL: Mr. Warden stated this is an increase to the purchase order for the Weld County Road 49
project which is taking longer than anticipated. Commissioner Baxter moved to approve said increase.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER CONSULTING'AGREEMENT FOR ST.VRAIN PROJECT-COLORADO OPEN LANDS: Mr.
Warden stated this agreement is for services to be provided on the St. Vrain Valley Trails and Open Land
Project. Commissioner Geile moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, October 13, 1999 992506
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
VELD COON O DO
ATTEST: fr G•, L
> J tale K. Hall, Chair
Weld County Clerk to the Board (
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EXCUSED DATE OF APPROVAL
Glenn Vaad
Minutes, October 13, 1999 992506
Page 5 BC0016
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