HomeMy WebLinkAbout960267.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 28, 1996
TAPE #96-07 AND#96-08
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 28, 1996, 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 Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of February 26, 1996, as printed. Commissioner Harbert
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the hearing conducted on February 26,
1996, as follows: 1) Cable Television Franchise Application - Scripps Howard
Cable Company. Commissioner Webster seconded the motion, which carried
unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - LARRY ENDERSON, SHERIFF'S OFFICE:
Sheriff Ed Jordan stated Larry Enderson was not able to be present today, but
he will receive his award.
RECOGNITION OF SERVICES - DOYLE JONES, SHERIFF'S OFFICE: Sheriff
Jordan recognized Captain Darling, Larimer County Sheriffs Office. He then read
the certificate into the record and presented it to Doyle Jones, Larimer County
Sheriffs Office.
PUBLIC INPUT: No public input was offered.
960267
BC0016
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 285,131.49
Electronic Transfer:
Payroll Fund $ 1,472,984.43
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion,which carried unanimously.
BIDS: PRESENT RUBBERIZED CRACK FILLING - PUBLIC WORKS DEPARTMENT:
Pat Persichino, General Services Director, read the names of the bidders into the
record and stated said bid will be considered for approval on March 13, 1996.
PRESENT NORTH JAIL COMPLEX IMPROVEMENTS - FINANCE
DEPARTMENT: Mr. Persichino read the names of the bidders into the record
and stated said bid will be considered for approval on March 13, 1996.
APPROVE 1996 SHOT ROCK - PUBLIC WORKS DEPARTMENT: Mr.
Persichino stated the Public Works Department recommends acceptance of the
sole bid from Colorado Lien Company at$14.40 per ton using the vendor's loader
and trucks to deliver and at$7.90 per ton using the vendor's loader and County's
trucks to deliver. Commissioner Harbert moved to approve said
recommendation, and Commissioner Hall seconded the motion, which carried
unanimously.
APPROVE SIGN FACING MATERIAL, SIGN BLANKS, AND FIBERGLASS
REFLECTORS - PUBLIC WORKS DEPARTMENT: Mr. Persichino stated the
Public Works Department recommends acceptance of the bids from the following
vendors: Ace Equipment and Supply for traffic cones at $1,295.00; Highway
Supply Company for facing material at $1,147.40; J & S Contractors for roll
material, barricades, and flashers at $14,043.58; Western Belle for fiberglass
reflectors at $4,820.00; and Zumar Industrial, Inc., for sign blanks at $4,704.50,
for a total of $26,010.48. Commissioner Hall moved to approve said
recommendation, and Commissioner Baxter seconded the motion, which carried
unanimously.
APPROVE BITUMINOUS PAVEMENT MIX AND ASPHALT - PUBLIC WORKS
DEPARTMENT: Mr. Persichino stated the Public Works Department
recommends acceptance of the bids from the following vendors: North County
to Don Kehn for 25 tons of cold, Grade C bituminous pavement mix at $35.00 per
ton; South and North County to Western Mobile Northern, Inc., for 62,000 tons
north and 35,000 tons south of hot bituminous pavement mix, Grade C or CX at
$15.05 per ton, and for 50,000 gallons of emulsified asphalt at $1.00 per gallon;
North County to Western Mobile Northern, Inc., for hot bituminous pavement mix
Grade G at $15.05 per ton; and South County to Bituminous Roadway of
Colorado, Inc., for hot bituminous pavement mix Grade G at $15.00 per ton.
Commissioner Webster moved to approve said recommendation, and
Commissioner Hall seconded the motion, which carried unanimously.
Minutes, February 28, 1996 960267
Page 2 BC0016
BUSINESS:
OLD: CONSIDER CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES
BETWEEN AMBULANCE SERVICE AND THOMAS A. DAVROS AND
AUTHORIZE CHAIR TO SIGN (CONT. FROM 02/26/96): Gary McCabe,
Ambulance Director, referred to Item #4 of said contract regarding 100-percent
payment of tuition, books, and entrance fee for Thomas Davros° training. He
explained Mr. Davros was selected last year for this schooling and coincidentally
selected by his peers as employee of the year, which is funded by a grant to
attend a national conference. Mr. McCabe further explained Mr. Davros chose
not to attend the conference, but instead to use the money to pay for the other
50 percent of the tuition. He noted the schooling actually costs less than the
conference. Commissioner Harbert stated her only concern is that the County
may be setting a precedent by approving this, but she understands that is
probably the best option in this case; however, she requested Mr. McCabe make
the situation known to his staff. Commissioner Harbert then moved to approve
said contract and authorize the Chair to sign. Commissioner Baxter seconded
the motion, which carried unanimously.
NEW: CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR KENS MARKET, INC.,
DBA OUR LITTLE STORE, AND AUTHORIZE CHAIR TO SIGN: Bruce Barker,
County Attorney, stated the applicant has paid the requisite fees and provided the
necessary forms and the Sheriffs Office has no concerns; therefore, he
recommended approval. Commissioner Hall moved to approve said renewal and
authorize the Chair to sign. Commissioner Webster seconded the motion, and
Commissioner Harbert commended the applicant for having no incidents. The
motion then carried unanimously.
CONSIDER TAX ABATEMENT PETITION FROM RANDY R. NIECE AND
AUTHORIZE CHAIR TO SIGN: Warren Lasell, Assessor, stated he learned new
information within the last day and is now changing his recommendation to
accept said abatement petition. He explained, however, the Board does not
normally consider abatements under $1,000.00 which are recommended for
approval. Mr. Barker clarified the Board can consider approval of this matter
based on the Assessor's recommendation. Commissioner Hall moved to
approve said abatement and authorize the Chair to sign. Commissioner Baxter
seconded the motion, which carried unanimously.
CONSIDER REQUEST TO CHANGE SPEED LIMIT ON WELD COUNTY
ROAD 8 BETWEEN WELD COUNTY ROADS 37 AND 41: Drew Scheltinga,
Public Works Department, explained staff received several requests to reduce
the speed limit in this area and also noted the accident history. He stated a
traffic study was completed and revealed sufficient data to warrant lowering the
speed limit to 45 MPH. Mr. Scheltinga also noted there are 33 entrances and two
major subdivisions on this stretch of road. He also recommended installation of
decreasing speed limit signs approaching Weld County Road 37. Commissioner
Baxter moved to approve said request, and Commissioner Webster seconded
the motion, which carried unanimously.
Minutes, February 28, 1996 960267
Page 3 BC0016
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 33 BETWEEN
WELD COUNTY ROADS 86 AND 88: Commissioner Webster moved to approve
said closure, and Commissioner Hall seconded the motion, which carried
unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATION
RELAY OF LAW ENFORCEMENT AID AND ASSISTANCE REQUESTS
BETWEEN COMMUNICATIONS CENTER AND CITY OF GREELEY AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this standard agreement has
been reviewed by the County Attorney and approved by the City of Greeley. He
explained said agreement will allow various users to enter into agreements for
use of the Regional Communications Center. Commissioner Hall moved to
approve said agreement and authorize the Chair to sign. The motion, seconded
by Commissioner Harbert, carried unanimously.
CONSIDER CONSENTING TO ASSIGNMENT AND ASSUMPTION OF LEASE
BETWEEN WINONA'S SUB SHOP, INC., AND STEPHANIE EBERHART AND
WINONA LORANCE AND AUTHORIZE CHAIR TO SIGN: Mr. Warden explained
in December 1995, the Board approved a one-year lease with Stephanie Eberhart
who was purchasing Winona`s Sub Shop; however, Ms. Eberhart is no longer
operating the establishment and Winona Lorance is going to reopen it. He
stated, therefore, the lease must be reassigned and noted the establishment will
be used for the same purpose. Commissioner Baxter moved to consent to said
assignment and authorize the Chair to sign. Commissioner Harbert seconded
the motion, which carried unanimously.
Let the record reflect Lee Morrison, Assistant County Attorney, is now the
attorney of record.
PLANNING: CONSIDER ON-SITE IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY
MAINTAINED ROADS) WITH WEST HILL-N-PARK, INC., FOURTH FILING
(PLANNER HODGES): Todd Hodges, Planning Department, presented a general
overview of the Board's packets including four proposed improvements
agreements. He referred to his memo to the Board dated February 27, 1996,
indicating staff recommends approval of the evergreen landscape buffer and
playground equipment portion of the improvements agreement; however, staff
recommends denial of the planting plan portion of the agreement and
recommends the applicant submit an appropriate planting plan for review. Jerry
Alldredge, Extension Office, explained the mixture of grass proposed in the
planting plan is not aesthetically connected to a housing development and will
eventually revert to bunch-type grass. He responded to numerous questions
from the Board and recommended an irrigated, low-maintenance grass be used.
Ken Lind, Attorney representing West Hill-N-Park, Inc., stated all streets and
improvements have been accounted for and confirmed for Lee Morrison,
Assistant County Attomey, that Public Service provides maintenance of the street
lights. Mr. Lind reviewed the proposed collateral and agreement and referred to
the 1971 recorded Official Unit Development Plan, of which he also submitted a
copy for the record regarding the landscaping and open space requirements
which all must follow. He then responded to questions from the Board and
Minutes, February 28, 1996 960267
Page 4 BC0016
Mr. Morrison and noted Mr. Alldredge did not visit the site and did not have the
1971 Plan requirements. Mr. Lind also noted an irrigated park would be
extremely expensive to provide and maintain and is not required. Glen Bechtoldt,
Highland Nursery, reviewed his experience in horticulture and his familiarity with
the site, soil, and climatic conditions. He explained why the type of trees and
cover were chosen and responded to questions from the Board. (Changed to
Tape #96-08 during the Board's discussion with Mr. Bechtoldt.) Mr. Lind then
answered further questions from the Board and Mr. Morrison, David Doyle,
Attomey representing Baessler Construction, Inc., referred to the 1971 Plan and
stated the terms need to be interpreted with common sense. He reviewed
specific requests regarding the playground equipment and the landscaping and
planting plans. Mr. Doyle also voiced concerns about the home owners
association developed by West Hill-N-Park, Inc., and answered questions from
the Board and Mr. Morrison. Mr. Hodges submitted and read into the record a
letter of concern from Kathy Manley. Rosanne Matchut, Becky Reeves, Gwen
Lantz, Judith Cox, Henry Specht, Gary Harkless, Nancy Jensen, and Chris
Grosnick, all residents of West Hill-N-Park, voiced numerous concerns and
responded to questions from the Board. During Mr. Lind's rebuttal he clarified the
north landscape buffer, playground equipment, and tree plantings are not an
issue; the only issue is with the cover planting and that the 1971 Plan must be
considered. He noted the home owners association is always an issue and
stated he has a complete file on that issue. Mr. Lind then clarified comments
made by the public and reiterated the agreement presented today meets the
intent and the requirements of the 1971 Plan. He requested, if the Board
chooses not to accept the planting plan, it approve all other items of said
agreement so the applicant can proceed with the landscape plantings. Mr. Lind
answered further questions from the Board and Mr. Morrison. Mr. Hodges
clarified the City of Evans has not yet accepted the water line, which is required
by Condition of Approval #7 of the Board's August 30, 1995, Resolution. He
reiterated staffs recommendation and concurred the trees should be planted in
April. Mr. Lind then submitted for the record a letter from the City of Evans dated
February 27, 1996, conceming the status of the water service line. Mr. Morrison
noted the field testing completion results should be available within the next two
weeks. He clarified the Board may accept or decline further negotiations and
may approve and/or deny certain aspects of the agreement. He noted the
applicants can proceed upon approval and the issue(s) denied may be brought
back before the Board at any time since notice is not required. Mr. Hodges and
Mr. Morrison responded to further questions from the Board, and it was clarified
that no building permits are to be issued until the parks are completed.
Commissioner Hall then moved to accept the Evergreen landscape buffer and the
parks in the Third and Fourth Filings of West Hill-N-Park including the playground
equipment, as detailed in Mr. Hodges memo to the Board dated February 27,
1996, and designated as Comment#1 and #2a; and to deny the planting plan
and request the applicant to submit an appropriate planting plan as detailed in
Comment#2b in said memo. Commissioner Harbert seconded the motion and
discussion was held by the Board. Mr. Hodges confirmed the Condition of
Approval regarding the issuance of building permits will be maintained. After
further discussion, Commissioner Baxter suggested Mr. Alldredge and Mr.
Bechtoldt consult and agree on a suitable ground cover and irrigation to make a
nice park. Commissioner Hall reiterated the parks are an important element and
an agreement must be made. The motion then carried unanimously.
Minutes, February 28, 1996 960267
Page 5 BC0016
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
There were no ordinances.
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 11:45 a.m.
BOARD OF COUNTY COMMISSIONERS
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Te ptiadetic
t- �itylhe 4 ail ' Barbara J. Kirkme er, hair
,t t N nt � to the Board
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. / eor a E. Baxter, Pr• Tem
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Dale K. Hall '/
Constance L. Harbert
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W. H. Webster
Minutes, February 28, 1996 960267
Page 6 BC0016
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