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Home My WebLink About971061.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 4, 1997 TAPE #97-15 &#97-16 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, June 4, 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 Hall moved to approve the minutes of the Board of County Commissioners meeting of June 2, 1997, as printed. Commissioner Webster seconded the motion, and it carried unanimously. ADDITIONS: Chair Baxter added the following to the agenda: New Business: 8) Report from Public Works concerning damage caused by flooding in Weld County. CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Harbert 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 $ 212,860.57 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. 971061 BC0016 BIDS: PRESENT WASTE TIRE CLEANUP SERVICES AT MCMILL LANDFILL - HEALTH DEPARTMENT: Pat Persichino, Director of General Services, read the names of the two vendors who submitted bids and stated a work session will be held before approval. Said bid will be considered for approval on June 18, 1997. APPROVE OFFICE FURNITURE FOR NORTH JAIL COMPLEX -SHERIFF'S DEPARTMENT: Mr. Persichino recommended approval of the bid from Markley Office Concepts, in the amount of$119,394.62. He stated his recommendation is based upon the warranties presented, compatibility with other equipment, and quality of items. Commissioner Harbert moved to accept the bid from Markley Office Concepts. The motion, which was seconded by Commissioner Webster, carried unanimously. BUSINESS: NEW: CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO ENTER UPON CERTAIN LANDS: Ron Broda, Department of Public Works, stated this request follows the procedure established for weed control on private property. Commissioner Hall moved to approve said request. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START COLA AND QUALITY IMPROVEMENT GRANT AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, explained this application is in response to the Federal cost-of-living adjustment for Head Start programs, which was awarded at 4.8903 percent, to be retroactive to January 1, 1997. He stated last year no increase was awarded; however, the Federal cost-of-living increases have historically been lower than the County's. Commissioner Harbert moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT HEAD START PROJECT COLA REQUEST AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this application is identical to the cost-of-living increase discussed previously for the Migrant Head Start Program. Commissioner Harbert moved to approve said application and authorize the Chair to sign. The motion, which was seconded by Commissioner Hall, carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT HEAD START REFUNDING PROJECT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this application is the continuation of the basic Migrant Head Start Grant, with no dramatic changes included. Commissioner Hall moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Harbert, the motion carried unanimously. Minutes, June 4, 1997 971061 Page 2 BC0016 CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START EXPANSION GRANT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this application is the expansion grant for the Head Start Program, under which 60 children will be added to the program. He stated that with new Federal legislation, each local entity will have its own Welfare Reform Program. In conjunction with this, the expansion grant will modify Weld County's program from a one-half-day, nine-month program to a full-day, full-year program. Weld will accomplish this by scheduling Head Start one-half day and regular child care for one-half day, basically running two programs with the same clients. Commissioner Harbert moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 7 BETWEEN HIGHWAY 7 AND WELD COUNTY ROAD 6: Commissioner Hall moved to approve said closure. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 52 BETWEEN WELD COUNTY ROAD 63 AND WELD COUNTY ROAD 65: Commissioner Webster moved to approve said closure. The motion, which was seconded by Commissioner Harbert, carried unanimously. REPORT FROM PUBLIC WORKS CONCERNING DAMAGE CAUSED BY FLOODING IN WELD COUNTY: Dave Becker, Public Works Operations Manager, discussed the storm damage which occurred on June 2, 1997 to Weld County roads and bridges. He said the damage is major and it will take two or three months to complete repairs. He stated there are nine bridges with wing walls and back walls washed out; six culverts are washed out, four to six inches deep, with some ends carried off and an undetermined amount of undermining; and twenty-two roads are washed out from one to fifteen feet deep, and one-half to three-quarters mile long. Mr. Becker stated some of the roads are negotiable to single-lane traffic; however, he feels the public should be admonished to keep speed down to 30 or 35 miles per hour. Mr. Becker further explained the damage extends approximately ten miles from Weld County Road 71 to 79, as well as approximately twenty-four miles between the South Platte River and Weld County Road 108. (Changed to Tape#98-16 during Mr. Becker's report.) Responding to a question from Commissioner Webster, Mr. Becker stated it will be two or three weeks before cost estimates can be completed; however, he noted two crews started minor repairs today. Responding to Commissioners Harbert and Kirkmeyer regarding Weld County Road 392, which is being used as a detour around State Highway 14 between Ault and Briggsdale, Mr. Becker said there is only minor damage; however, water is still running across Road 392 in some places. Mr. Becker also stated the Public Works Department did have input in the Colorado Department of Transportation's decision on where to detour traffic. Minutes, June 4, 1997 971061 Page 3 BC0016 PLANNING: CONSIDER ZPMH #2059 - RAFF: Staff members present were Kerni Keithley and Ed Stoner, Department of Planning Services, and Jeff Stoll, Health Department. Ms. Keithley stated this is a request for a mobile home to be used as a principal residence on the property described as Lot B of Recorded Exemption #712. She said the mobile home currently sits on site and the applicant resides in it. She explained signatures were obtained from 50 percent of the surrounding property owners, and today she received two others, marked as Exhibits A and B, which would make 80 percent of the property owners agreeable. Ms. Keithley stated the proposed Conditions of Approval cover any problems with the stick-built house and the shed which are on the property, as well as the non-commercial junk yard. She also noted there were other agriculture-exempt buildings on the property. Ms. Keithley noted the applicant's long-term plans include removing the shed and using the stick-built house for storage. Responding to Commissioner Kirkmeyer's question regarding the location of a replacement septic system, Ms. Keithley stated a Condition of Approval was not included since normal procedure is to list a location on lots less than two acres in size; however, the 139 acres would be adequate to find a location if a replacement septic system is required in the future. Responding to Chair Baxter, Mr. Stoner stated he feels the Conditions of Approval answer any violation-related problems. Dr. Nancy Raff, applicant, stated she and her spouse are currently trying to get the dairy operational, which is a considerable expense to them. She said their long-range plans include building a permanent stick-built home; however, the 18-month period allowed for a temporary dwelling would not be enough to allow them to complete their plans. Therefore, this request for a mobile home to be used as the principal dwelling is necessary. Responding to Chair Baxter's question regarding signatures, Dr. Raff stated they inadvertently left one property owner off the list; however, further contact included his signature. She also noted Mr. Silva recanted his signature, then later resubmitted it. Responding to Commissioner Kirkmeyer, Dr. Raff stated she intends to comply with the proposed Conditions of Approval. Donna Hanes, adjacent property owner, presented a recantation from Mr. Silva of his signature, dated May 21, 1997, Exhibit C; an appraisal of her property, Exhibit D; a letter from James R. Fariello, Real Estate Broker, Exhibit E; and pictures of various buildings on the property, Exhibits F and G. Ms. Hanes stated the existing stick-built house has been on the property 90 years and is not habitable. She stated property value of both the subject property and her adjacent property would decrease if a single-wide mobile home is placed there. She said the house has been used up to this time and there doesn't seem to be a reason to allow the mobile home to be the principal dwelling. Responding to questions from Chair Baxter and Commissioner Harbert, Ms. Hanes stated she has resided there for 3-1/2 years and does not have a farm operation with only one acre. Responding to a question from Commissioner Kirkmeyer, Mr. Stoner stated the shed is uninhabitable; however, the stick-built house could be habitable. He noted the County's standards for habitable residences are very low. Responding to questions from Commissioner Kirkmeyer, Ms. Hanes explained the appraiser had previously appraised both properties. Ms. Hanes Minutes, June 4, 1997 971061 Page 4 BC0016 also stated she has no problems with the temporary use of the trailer, however, it is located over her well water easement. Suzanne Core, Attorney representing Ms. Hanes, explained the pending litigation regarding the water well, deeded easement and items not properly transferred at the time Ms. Hanes purchased her property. Commissioner Kirkmeyer verified with Ms. Hanes she did not obtain an easement at the time she purchased her property; therefore, that matter is not before the Board at this time. Mr. Barker, after discussion, stated the applicant should be aware there may be a Court Order to deal with in the future resulting from pending litigation. Robert Carr, adjacent property owner, spoke in favor of the ZPMH. He stated he has lived there three years in a home he had built across the canal from where the mobile home has been placed. Mr. Carr stated the mobile home, as seen, is well maintained, and is situated to be screened from the highway, from his property, and from Ms. Hanes' property. He also said there are other mobile homes to the east and to the west; therefore, this is not the first mobile home in the neighborhood. Mr. Carr further stated the applicants have already completed many aesthetic upgrades to the property and they plan to continue with the cleanup and will eventually build another house to replace the trailer. Mr. Carr stated his opinion that the stick- built house on the property is definitely uninhabitable without a great deal of work and expense. He also said the other participant in the shared well has relinquished his right to the well, and the applicants have totally disconnected from Ms. Hanes' well. Mr. Carr concluded he is in favor of this request being granted because of the upgrades being made to the property and the overall long-term plan which would be beneficial to the neighborhood. Dr. Raff responded to the concerns raised by stating the well is a moot point and is totally dependent upon the litigation; therefore, it should not be considered here. She reiterated they have dug a new line to their well to make sure it is not tapped into Ms. Hanes'well; the double-wide trailer which was removed was an accessory used for the hired help and not in good repair; the stick-built house needs many repairs to the walls and cracks in the foundation, at considerable expense; and the mobile home is presentable. She also noted because of the expense involved in making the dairy operational, a permanent stick-built house or other repairs will have to wait. Chair Baxter confirmed the applicants will be living in the mobile home. Commissioner Harbert moved to approve ZPMH #2059 with all Conditions of Approval as proposed by staff. Seconded by Commissioner Webster, the motion carried unanimously. 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. Minutes, June 4, 1997 971061 Page 5 BC0016 There being no further business, this meeting was adjourned at 9:55 a.m. BOARD OF COUNTY COMMISSIONERS 4 E Lei WELD OUNTY, COLORADO letu °4 tto49 Geor a E. Baxter, Chair � f .A,�� l, k to the Board onstance L. Harbert, Pro-Tem Deputy Cler C. the Board Daly . Hall arbara J. Kirkmeyer W. H.ester Minutes, June 4, 1997 971061 Page 6 BC0016 Hello