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Home My WebLink About990337.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 24, 1999 TAPE #99-06 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 24, 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, Carol A. Harding Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners meeting of February 22, 1999, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: The following items were added to the agenda: Presentations, #1) United Way of Weld County 1998 Major Firm Campaign Coordinator-Michelle Raimer; and Planning, #3) Consider Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Parking and Landscaping Improvement) and Accept Collateral, SPR#291 -Centennial Bank of the West. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Baxter seconded the motion, and it carried unanimously. 990337 • Q BC0016 CC' -ntate, /21 a, PRESENTATIONS: 1) UNITED WAY OF WELD COUNTY 1998 MAJOR FIRM CAMPAIGN COORDINATOR - MICHELLE RAIMER: Chair Hall read the plaque awarded to Michelle Raimer by United Way of Weld County for her work in the 1998 campaign. Commissioner Geile mentioned that the County also received the Centennial Award due to the generosity of all the employees; however, it would not have been possible without Ms. Raimer's hard work. PROCLAMATIONS: AMERICANISM DAY-FEBRUARY 28, 1999: Chair Hall read the proclamation for Americanism Day. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $ 215,890.16 Electronic Transfers -All Funds $1,858,161.28 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad seconded the motion,which carried unanimously. BIDS: PRESENT AND APPROVE 1999 CHEMICALS BID - PUBLIC WORKS DEPARTMENT: Pat Persichino, Director of General Services, presented the bid which is purchased through the Municipal Assembly for Procurement Officials (MAPO). He stated the Weed and Pest Division has requested emergency approval since the orders to MAPO have to be sent without delay, and stated the recommendation is for the low bid on each item. Commissioner Kirkmeyer moved to approve the bid, on an emergency basis, from Van Diest Supply Company for $29,320.13, United Horticultural Supply for $22,975.95, and American Pride for$1,036.00, for a grand total of$53,332.08. The motion, which was seconded by Commissioner Vaad, carried unanimously. PRESENT 1999 STEEL BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino presented the bids received from nine vendors. Said bid will be considered for approval on March 10, 1999. PRESENT RUBBERIZED CRACK FILLING BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino presented the bids received from six vendors. Said bid will be considered for approval on March 10, 1999. Minutes, February 24, 1999 990337 Page 2 BC0016 PRESENT BITUMINOUS PAVEMENT HOT/COLD MIX AND ASPHALT BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino presented the bids received from three vendors. Said bid will be considered for approval on March 10, 1999. PRESENT MOTORGRADER LEASES BID-PUBLIC WORKS DEPARTMENT: Mr. Persichino presented the bids received from four vendors. Said bid will be considered for approval on March 10, 1999. APPROVE 1999 TRAFFIC PAINT AND GLASS BEADS BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino stated the Public Works Department has recommended Ennis Paint, Inc.,for the yellow and white paint and Colorado Paint Company for the glass bead portion of said bid. Commissioner Baxter moved to approve staff recommendation for the low bids. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. APPROVE JANITORIAL SERVICES/FORT LUPTON AREA BID- BUILDINGS AND GROUNDS DEPARTMENT: Mr. Persichino recommended approval of the low bid from J and R Janitorial, in the amount of$800.00, stating staff could not cover the required services for that amount. Commissioner Baxter moved to approve said bid. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. APPROVE SIGN FACING MATERIAL FOR 1999 BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino presented the recommendation from Public Works staff for approval of the low bid for each item, in the total amount of $24,240.03. Commissioner Vaad moved to approve said recommendation. Commissioner Geile seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER NON-EXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN: Frank Hempen, Jr., Director of Public Works, stated this is for right-of-way on Weld County Road 106 and a portion of Weld County Road 15, and the standard agreement has been used. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER COLORADO DEPARTMENT OF TRANSPORTATION OFFER TO PURCHASE RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN MEMORANDUM OF AGREEMENT: Mr. Hempen reviewed the offer of CDOT to purchase right-of-way and stated the property has been mined out and there will be no impact to the mining operation on the remainder of the Hokestra Pit. He also mentioned there are several trees presently on the temporary easement site which fall under a 404 Permit and cannot be removed due to bald eagles roosting there. Responding to Commissioner Geile, Mr. Hempen stated the Minutes, February 24, 1999 990337 Page 3 BC0016 temporary easement would cease 30 days after completion of construction, and will not interfere with any part of the mining operation. Commissioner Kirkmeyer expressed concern that the agreement does not include the provision that property will be returned to its current condition, that the letter concerning protected trees which is dated February 11, 1999, is not a part of the agreement, and that there is no mention of the Poudre River Trail being allowed on the 1.5 acre parcel. She asked that each of the three concerns be included as part of the Memorandum of Agreement. Responding to Commissioner Geile's concerns regarding the open-ended contract, Commissioner Vaad explained CDOT's procedure in cases such as this and Mr. Hempen stated the project is fully funded so there is no reason to believe it will not go forward in a timely manner. Commissioner Kirkmeyer moved to accept the offer to purchase and authorize the Chair to sign said Memorandum of Agreement, with three additions as mentioned above. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR TOWN OF WINDSOR TRANSPORTATION STUDY AND AUTHORIZE CHAIR TO SIGN: Mr. Warden explained this amendment is to include the area around the Town of Windsor in the agreement regarding the Weld County Transportation Impact Study being completed by Duncan Associates. He further explained the next item of business is to sign the contract with the Town of Windsor for payment of that portion of services. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER AGREEMENT FOR PAYMENT FOR FUNDS FOR ADDITION TO TRANSPORTATION STUDY AND AUTHORIZE CHAIR TO SIGN: The motion by Commissioner Baxter to approve was seconded by Commissioner Vaad, and carried unanimously. SECOND READING OF ORDINANCE #84-U, IN THE MATTER OF AMENDING FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Vaad, the motion carried unanimously. Bruce Barker, County Attorney, read the title of Ordinance #84-U into the record. Mr. Warden explained the changes are related to the Assessor's Office and fees for computer reports. No public testimony was offered. Commissioner Geile moved to approve Ordinance #84-U on second reading. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: SECOND READING OF ORDINANCE #147-P, AMENDING THE WELD COUNTY COMPREHENSIVE PLAN: Commissioner Baxter moved to read by title only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the title of Ordinance #147-P into the record. Anne Best-Johnson, Department of Planning Services, reviewed the changes being proposed. No public testimony was given. Commissioner Commissioner Kirkmeyer moved to approve Ordinance #147-P on second reading. Commissioner Baxter seconded the motion, which carried unanimously. Minutes, February 24, 1999 990337 Page 4 BC0016 SECOND READING OF ORDINANCE #191-D, AMENDING THE WELD COUNTY MIXED USE DEVELOPMENT PLAN: Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Baxter, the motion carried unanimously. Mr. Barker read the title of Ordinance #191-D into the record. Ms. Johnson stated the changes are the same as in Ordinance#147-P, which were discussed in the previous item of business. No public testimony was given. Commissioner Baxter moved to approve said Ordinance on second reading. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE PARKING AND LANDSCAPING IMPROVEMENT) AND ACCEPT COLLATERAL, SPR#291 -CENTENNIAL BANK OF THE WEST: Ben Patten, Department of Planning Services, stated staff in the County Attorney's Office, as well as the Departments of Public Works and Planning recommend approval of the Improvements Agreement and acceptance of the Irrevocable Letter of Credit which is offered as collateral. Commissioner Kirkmeyer moved to approve said agreement and accept said collateral. Seconded by Commissioner Geile, the motion carried unanimously. (Let the record reflect Lee Morrison is now acting as the Attorney-of-Record.) PROBABLE CAUSE FOR USR#454-HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL, INC. (CON'T FROM 02/25/98): Trevor Jiricek, Health Department, recommended a one year continuance of the Probable Cause Hearing since characterization, remediation, and cleanup of the site continues. He reviewed aerial photographs which show the progress made at the site and explained cleanup of Pond E according to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) will begin near the first of the month, and the emergency response team will excavate, treat, and replace the soil, working 24 hours per day, six days per week. Mr. Lee Morrison,Assistant County Attorney, explained the benefit of continuing the Probable Cause versus scheduling a Show Cause to consider vacation of the Permit as each pertains to cleanup of the site. Responding to Commissioner Geile, Mr. Jiricek stated the Permit is still viable because there are other parts of the site to be cleaned up. After further discussion, Commissioner Kirkmeyer moved to continue said Probable Cause Hearing to February 23, 2000, at 9:00 a.m. The motion, which was seconded by Commissioner Vaad, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances#84-U, #191-D, and #147-P were 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. Minutes, February 24, 1999 990337 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:00 a.m. BOARD OF COUNTY COMMISSIONERS lid/ LD COUNTY, COLORADO ATTEST: /La �t�v= Dale K. Hall, Chair Weld County Clerk to the B a , ,: o� `' _ I EXCUSED DATE OF APPROVAL BY: ki-, / Barbara J. Kirkmeyer,Pro-Tern f i( _4 / Deputy Clerk to the Boar ((i%jj -\:, v et--7:_e- c ! �i/ -- -- - GeorgerE. Baxter EXCUSED DATE OF APPROVAL M. J. Geile P1 ' II 177)utt ,;fttl? '\ Glenn Vaad Minutes, February 24, 1999 990337 Page 6 BC0016 Hello