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HomeMy WebLinkAbout20102918.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 13, 2010 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, December 13, 2010, 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 Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Finance and Administration, Monica Mika MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of December 8, 2010, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on December 8, 2010, as follows: 1) USR #1757 — Latimer and Nancy Bohling, and 2) Show Cause re: USR #1351 — James Wrenfrow. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, Weld County resident, thanked the Board for its participation in a meeting with Congressman Cory Gardner and Senator Scott Renfroe, and he thanked Commissioners Conway and Kirkmeyer, in particular, for sticking up for private property rights. He stated Mayor John Hickenlooper wants to bring an economic development specialist into the County to develop an economic plan; however, Weld County has the authority to develop its own economic plan. Mr. Meyer stated he wants to tell the Board about what is happening in the State of Texas, to keep an eye out for whether it happens in the State of Colorado. He stated the City of San Antonio, in Bexar County, is creating a multi-County land use habitat plan, which will set the precedence for the rest of the State of Texas, if it is implemented. He stated the plan is called the Southern Edwards Plateau Habitat Conservation Plan and it establishes fees for land owners who have habitat for endangered species. Mr. Meyer stated according to a news release published by the Exotic Wildlife Association, this plan is nothing more than a zoning plan that the Federal government wants local governments to A" Minutes, December 13, 2010 2010-2918 Page 1 BC0016 implement for it. He stated the regional land use plan will encompass thousands of acres within Bexar, Medina, Madera, Kerr, Kendall, Blanco, and Comal Counties. He stated a stakeholder group formed by the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife Service, the City of San Antonio, and Bexar County are creating the multi-County Plank, which means a group of unelected officials are creating a funding mechanism to charge homeowners and landowners fees. He stated the plan is supposedly for the protection of two (2) songbirds and numerous other endangered species, such as cave bugs. Mr. Meyer stated this plan has been attempted twice before; however, citizens and landowners fought and killed it. He stated proponents of the plan claim there is a crisis the plan will avert because nearly 3,200 acres of habitat are destroyed each year, and that is why the plan must be implemented. He stated the plan is a stealth way of gaining more Federal control over private property, by enlisting local help, and the plan, if implemented, will create a large preserve funded by fees charged to landowners who want to utilize their private property. Mr. Meyer stated the City of San Antonio and Bexar County will be able to set a fee per acre and charge landowners to use their own land. He stated the fee will be called mitigation, and it will come in many different forms, including a per acre fee paid by the landowner into an account which will be used to purchase land for a preserve. He stated another form of the mitigation will be where landowners are required to set aside up to three (3) acres for no use, for every one (1) acre the property owner wants to use, and another form of payment will force landowners to purchase other habitat to replace the habitat they destroyed on their property when they want to build a home, erect a fence, install a water tank, or any other normal activity on private property. Mr. Meyer stated Montezuma County is the newest County to take up the coordination process. In response to Commissioner Conway, Mr. Meyer stated there are nearly 100 counties which have enacted coordination across the nation, and six (6) counties within the State of Colorado are engaged in, or are beginning, the coordination process. Brad Taylor, Weld County resident, indicated he is present with a group of people from the Weld Advocacy Network on Disabilities (WAND) to speak about County transportation. He stated the City of Greeley conducted a feasibility study to examine the need for public transportation/transit and he inquired as to whether the County has considered completing a similar study. In response to Chair Rademacher, Commissioner Long stated there is a transportation plan and there has been research completed on transit, which is separate from the transportation system; however, there has not been a comprehensive study completed recently. In response to Commissioner Garcia, Monica Mika, Director of Finance and Administration, confirmed a study was completed by consultants; however, it was more of a functional assessment study than a feasibility study. She indicated the study considered the transit designs and constraints, such as present and future resources, and some changes were made as a result of the study, including some realignment to meet the needs of the Department of Human Services. Commissioner Kirkmeyer stated the Tri-Town area of Frederick, Firestone, and Dacono is currently conducting a transit study for the southwest corner of Weld County and there have been other transit studies completed in other parts of the County, in addition to the City of Greeley. She stated the City of Fort Lupton completed a transit study at one time where it partnered with the Area Agency on Aging, and the City also completed a transit study with the Tri-Town area. She indicated there have been various transit studies completed in different areas of Weld County; however, the issue is that people need to travel in different directions, for example, many people in Erie, Mead, or the Tri-Town area travel west for medical appointments or grocery shopping, people in the City of Fort Lupton often travel south to Adams County, and people in the Town of Windsor often travel to the City of Fort Collins. In response to Chair Rademacher, Commissioner Kirkmeyer stated some of the studies were conducted through the Department of Human Services. Ms. Mika stated the County has also partnered with DRCOG (Denver Regional Council of Governments) on numerous occasions to examine how Weld County services compare with Minutes, December 13, 2010 2010-2918 Page 2 BC0016 the services in the Denver Metropolitan area, as well as researching taxing authority. Commissioner Conway stated the County has also been closely involved with the North Front Range MPO (Metropolitan Planning Organization). He stated when dealing with a County which is more than 4,000 square-miles, which is larger than the States of Rhode Island and Delaware combined, it is difficult to construct a County-wide transit system, particularly with the different needs in the various parts of the County. He stated the North Front Range MPO does not cover the south part of Weld County; however, it is always trying to explore and discuss expansion. Commissioner Conway stated there was an effort on the part of the North Front Range MPO to provide a transportation link between the Cities of Greeley and Loveland, and between the Cities of Loveland and Fort Collins; however, it may have been ahead of its time. He stated the Board of County Commissioners was active in setting up the Highway 85 Coalition, and one of the areas being discussed is between the Town of Eaton and the City of Brighton, along the Highway 85 Corridor. He stated there is an RTD (Regional Transportation District) park-and-ride near the City of Brighton, which is the reason the area that far south was being considered, and the Board is always interested in hearing ideas, since it is a challenging matter. Mr. Taylor stated in addition to being involved with WAND, he has been involved with the MPO group for about a year, and it explores the transportation needs all over Weld County. In response to Chair Rademacher, Commissioner Conway confirmed there was some discussion about bringing the 34 Xpress bus route back. Commissioner Conway stated a group of people presented a petition regarding it, and some of those people are present today. In response to Commissioner Conway, Steve Teets, member of WAND and the Citizen's Bus Improvement Committee, stated a petition was presented to the North Front Range MPO on behalf of the Citizen's Bus Improvement Committee, which would like to have the 34 Xpress revisited, to travel from the City of Greeley to the Cities of Loveland and Fort Collins, and there is now a Flex bus route from Loveland to Longmont, which connects into RTD. He stated in addition to visiting family, he sometimes needs to attend meetings in the City of Denver; therefore, it would be beneficial for him to be able to utilize the 34 Xpress system, as well as for the many people who need to travel to Loveland or Ft Collins for medical reasons. He stated feedback from the community has indicated the 34 Xpress would be used more if the City of Greeley had a good bus system. Mr. Teets stated people need to travel and the 34 Xpress would help all the cities involved, and it is important to have a regional system. He suggested perhaps the Board can consider a RTA (Regional Transportation Authority) or a joint effort between the City of Greeley and Weld County to cover some of the area, which he knows was previously attempted and it did not work out; however, he would like to see the County and the City return to the table to try again. Mr. Taylor stated his recollection is that the City of Greeley indicated it was not interested in the transportation merger with Weld County. He stated the County transportation system is primarily associated with providing rides for medical appointments and it is not available for other activities; whereas, the City bus is available for a number of other activities, such as grocery shopping or travelling to a movie theater. He clarified the City bus system will allow people to schedule a ride wherever they need to travel; therefore, people can be more integrated with the community and their friends and families; whereas, the County bus system is very restrictive as to where it will provide rides. Commissioner Long stated he will be coordinating the Department of Human Services again next year and he would be glad to attend a WAND lunch and participate in a discussion about the situation and options for the future. Mr. Taylor indicated he appreciates Commissioner Long's previous involvement regarding establishing a grievance process and steps to resolve situations where a person is not able to obtain a ride, and he stated the City of Greeley has a process in place now as well. Commissioner Conway indicated there are vans which provide rides to work for the Van-GO! Program, and he will ask whether the vans which are not in use can be utilized for a Dial-a-Ride Program, to address the gaps which are not currently being covered, and he requested Mr. Taylor's support, when and if the concept evolves and is presented to the North Front Range MPO Council, through the Transit Sub-Committee. In response to Chair Rademacher, Commissioner Conway indicated he believes most of the 34 Xpress busses have been returned to the City of Greeley, and he confirmed the busses were Minutes, December 13, 2010 2010-2918 Page 3 BC0016 provided by a Federal grant. He stated the busses were returned to the Colorado Department of Transportation (CDOT), which had the responsibility for deciding where the busses would be utilized, and he believes some of the busses were provided to the GET (Greeley-Evans Transit). In response to Commissioner Conway, Janet Carter, Department of Public Works, confirmed the busses were returned to CDOT, and then redistributed to other groups with similar grant programs. She stated some of the busses were distributed to the Flex Program and at least one bus was provided to the GET; however, she is unsure as to the distribution of the rest of the busses. Further responding to Commissioner Conway, Ms. Carter stated the Colorado Springs Program was Federally funded; whereas, the 34 Xpress was funded by the State of Colorado, which is why the busses were not redistributed among other states. Mr. Taylor stated another opinion people had expressed to him is that they wished the 34 Xpress system would have been extended to include other pick-up points, such as a downtown Greeley stop and stops along West 10th Street, or a stop at the Greeley Mall, rather than just stopping at 1st Avenue, which may have changed dynamics and increased the ridership. He indicated that over the last 20 years which he has been a disability advocate, many people have expressed a strong need for the 34 Xpress and he is surprised it was not successful. Commissioner Conway stated the Board of County Commissioners worked very hard at improving the 34 Xpress route and adding a U.S Highway 85 component to it, and it spent many months working with representatives from the Cities of Greeley and Loveland; however, the decision to ultimately discontinue the 34 Xpress was made by the Loveland and Greeley City Councils, due to funding requirements and resource issues. He stated all of the work completed by the Sub-Committee can still be put into practice. Commissioner Long stated he will be in touch with Mr. Taylor regarding WAND. Mr. Taylor stated WAND still meets on the 4th Thursday of every month, unless there are conflicting holidays. CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: PRESENT BID #61000167, ELEVATOR MAINTENANCE - DEPARTMENT OF BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and Administration, stated said bid will be presented for approval on December 27, 2010, and when the bid is presented for approval, she will provide the annual costs for comparison purposes. She stated this will be a one (1) year contract, with four (4) year renewals, and the contract includes all of the County elevators, with the exception of the one (1) elevator which is under warranty at the courts. In response to Chair Rademacher, Ms. Mika stated Kone, Inc., from the City of Englewood, is the vendor currently providing the service. Chair Rademacher stated there is a large disparity between the high and low bids. Ms. Mika stated she would like to include the maintenance requirements in the record, since it is currently not included for the Board's review. Commissioner Conway indicated the two (2) lowest bids are very close in price, and since the elevators are old, it may end up saving money to continue with a company which is familiar with the elevators and understands the elevators' quirks, even though the current vendor's bid is slightly higher than the lowest bid. He stated one can be pennywise and pound foolish; therefore, when the bid is presented for approval he wants to hear about staffs level of satisfaction with the current vendor. Commissioner Garcia indicated Kone, Inc., has a lower escalation price per year than Thyssenkrupp Elevator; therefore, Kone, Inc., may end up being the lowest bidder when the calculations are made. Minutes, December 13, 2010 2010-2918 Page 4 BC0016 NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GREELEY PLAZA WEST, LLC, C/O THOMSON REUTERS PROPERTY TAX SERVICES: Christopher Woodruff, Assessor, indicated this petition is for the year 2009, and the property was originally valued at $791,720.00; however, after additional information was provided to staff in the year 2010, the actual value was adjusted to $650,000.00, resulting in an abatement of value in the amount of $141,720, and an abatement of tax in the amount of$3,093.93. He recommended approval of the petition. Commissioner Conway moved to approve said tax abatement, in the amount of $3,093.93, based on staffs recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COLORADO FRONT RANGE HOLDING COMPANY, C/O DARREL ADOLF/COLORADO COMMUNITY BANK: Mr. Woodruff stated this property is a leased building in the Town of Milliken, which is placed on railroad right-of-way. He stated the lease was terminated in the year 2007, which is the basis of the petition. He stated there was no transfer of the title for this building until February, 2008; therefore, he is not able to support the 2008 request; however, the request is appropriate for the year 2009. Mr. Woodruff clarified that he recommends approving the petition, in part; he recommends the value remain unchanged for the year 2008, and that an adjustment be made for the year 2009, to lower the actual value from $1,025,592.00, to $875,592.00, resulting in an abatement of tax in the amount of $5,719.95. There were no representatives of Colorado Front Range Holding Company or Colorado Community Bank present. Commissioner Garcia moved to deny the petition for the year 2008, and approve the tax abatement for the year 2009, in the amount of $5,719.95, based on staff's recommendations. Commissioner Kirkmeyer seconded motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CASTULO AND AUNDREA VENEGAS: Commissioner Garcia indicated, for the purpose of disclosure, that he has been involved in business contracts with the Venegas family; however, he has not represented them as council, and he feels he is able to consider this petition in an impartial matter. Mr. Woodruff stated this is a petition for Tax Years 2009 and 2010, and there was not an appeal filed in either year. He indicated the petitioners do not think the property value from the year 2008, in the amount of $289,960.00, should have been increased; however, the value was increased for the year 2009 to $316,320.00. He stated staff re-examined sales and income information from the target period and they found a fair market value was $369,000.00, when considering comparable sales for restaurant properties on the east side of the City of Greeley. He stated the income approach indicated a property value of $318,500.00; therefore, the value of $316,320.00 is lower than either of the indicated values for the target period, and he recommends denial of the petition. There were no representatives present for Castulo and Aundrea Venegas. Commissioner Long moved to deny said petition for the years 2009 and 2010, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - NORTHERN COLORADO MOTORS, INC.: Mr. Woodruff stated this is a petition for the year 2009, for a personal property, and a representative apparently tried to file an appeal in the year 2009; however, there is no record of it; therefore, this petition was filed. He stated the property was originally valued at $158,726.00 for the year 2009; however, upon receiving the information from the company, it was discovered the company has less than $4,000.00 in equipment; therefore the property deserves a value of zero, resulting in a tax abatement in the amount of $3,515.05. Commissioner Conway moved to approve said tax abatement, in the amount of $3,515.05, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. Minutes, December 13, 2010 2010-2918 Page 5 BC0016 CONSIDER AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES ON CR 54 AND AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY: Michael Bedell, Department of Public Works, stated this and the following agreement are related to a recently approved Memorandum of Understanding (MOU) regarding proposed improvements to the intersection of County Roads 54 and 49, and the next step in the process is for Union Pacific Railroad Company to scope the railroad crossings and prepare detailed cost estimates for the proposed improvements, and then the improvements will be submitted to the Public Utilities Commission (PUC) for its approval. He stated before Union Pacific Railroad Company will scope the railroad crossings and price the projects, these agreements must be signed and submitted, and the agreements indicate the County will compensate Union Pacific Railroad Company for its work. In response to Chair Rademacher, Mr. Bedell stated that in order to construct a new railroad crossing on County Road 54, the County has agreed to partner on with Union Pacific Railroad Company on safety improvements at County Road 80, as well as to consider closing one (1) railroad crossing located near the Town of Gilcrest, on County Road 31. In response to Commissioner Kirkmeyer, Mr. Bedell confirmed the railroad crossing on County Roads 80 and 85 are not closing; County Road 80 is one (1) of Union Pacific Railroad Company's priorities, since it has been the location of a number of accidents; therefore, it wants to partner with Weld County regarding safety improvements at the crossing, including signals, bells, and lights. He stated if the County partners with Union Pacific Railroad Company in applying the PUC, State funding may be awarded for the improvements. Commissioner Kirkmeyer stated from the work sessions she thought the County would have to close two (2) of the intersections along U.S. Highway 85, in order for Union Pacific Railroad Company to partner with the County on the improvements the County wants to complete on County Roads 54 and 49. In response to Commissioner Kirkmeyer, Commissioner Garcia stated the agreement indicates one intersection will be closed and one will be signalized. Mr. Bedell stated what Commissioner Kirkmeyer is recalling may have been Union Pacific Railroad Company's initial request; however, as the MOU developed, it turned into a request to close one (1) crossing and to jointly apply to complete safety improvements at another crossing. Chair Rademacher inquired as to whether Union Pacific Railroad Company will maintain the improvements once the improvements are in place. Mr. Bedell confirmed Union Pacific Railroad will maintain the improvements, and he clarified the County does not have the ability to maintain railroad facilities. Commissioner Kirkmeyer inquired as to whether it is less expensive to complete the signalization and safety improvements at County Road 80 or to close the access to U.S. Highway 85. She stated the crossing at County Road 80 was selected due to its low traffic count. Mr. Bedell stated County Road 31, near the Town of Gilcrest, was selected because of its low traffic count; however, he is unsure of the traffic count on County Road 80. He stated County Road 80 was requested by Union Pacific Railroad Company because it has a history of a lot of accidents occurring at that location; whereas, the crossing on County Road 31 has very little traffic. Ms. Carter indicated she is looking up the traffic count on County Road 80, and the average daily traffic count on County Road 31 was 161 vehicles, according to a count taken in the year 2008. Commissioner Kirkmeyer stated the intersection is diagonal; therefore, it is an unsafe intersection; however, the traffic count was not as low on County Road 31 as it was on County Road 80, if she recalls correctly, and it was determined that it made sense to close County Road 80 due to the location of the houses. Chair Rademacher indicated he does not remember discussing closing County Road 80. In response to Commissioner Kirkmeyer, Mr. Barker stated the work session on this matter occurred two (2) or three (3) weeks ago. In response to Chair Rademacher, Mr. Bedell stated the agreements are somewhat time-sensitive, since the PUC has money earmarked for the project on County Road 80, and if the paperwork is not submitted in a timely manner, the money may be provided to a different project. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, December 13, 2010 2010-2918 Page 6 BC0016 CONSIDER AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES ON CR 80 AND AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY: Ms. Carter indicated she has found the traffic information for County Road 80, and it has an average daily traffic count of 174 vehicles, according to a count taken in the year 2009. Mr. Bedell stated the traffic counts on County Roads 80 and 31 are similar; however, there were more accidents on County Road 80. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER RIGHT-OF-WAY USE PERMIT AND ACCEPT COLLATERAL FOR TWO (2) YEAR WARRANTY OF WORKMANSHIP — KERR-MCGEE GATHERING, LLC: Ms. Carter stated this is a two (2) year bond for Right-of-Way Use Permit #RW10-00401, since Kerr-McGee Gathering, LLC, will be installing a 20-inch steel gas pipeline for public use. She stated that because the pipeline is not solely for the use of Kerr-McGee Gathering, LLC, the Department of Public Works did not request a nonexclusive license agreement; however, it did request a bond to guarantee the workmanship, since Kerr-McGee Gathering, LLC, will be boring under County Roads 22, 24, and 26. In response to Chair Rademacher, Ms. Carter confirmed the bond is in the amount of $15,000.00. Commissioner Conway moved to approve said Right-of-Way Use Permit and accept collateral for the two (2) year warranty of workmanship. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TOWN OF KERSEY: Mr. Barker stated this agreement is for the sale of a piece of property the County has to the Town of Kersey, for the price of $1,000.00. Commissioner Kirkmeyer moved to approve said agreement. Commissioner Garcia seconded the motion. Chair Rademacher indicated he thinks the property is worth more than $1,000.00. Commissioner Kirkmeyer stated the amount is consistent with similar agreements the County has had with other municipalities within Weld County. There being no further discussion, the motion carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN - SARAH BOUSMAN: Commissioner Conway moved to appoint Sarah Bousman as a Deputy District Attorney and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER MINERAL PERMIT TO CONDUCT GEOPHYSICAL OPERATIONS AND AUTHORIZE CHAIR TO SIGN - BONANZA CREEK ENERGY COMPANY, LLC/ C/O TESLA-CONQUEST, INC.: Mr. Barker stated this permit is for the seismic surveying of minerals the County owns, and there is no fee charged for these permits unless the County is the surface owner. He recommended approval of the permit. Commissioner Conway moved to approve said Mineral Permit to Conduct Geophysical Operations and authorize the Chair to sign. Seconded by Commissioner Long, 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, December 13, 2010 2010-2918 Page 7 BC0016 There being no further business, this meeting was adjourned at 9:50 a.m. BOARD OF COUNTY COMMISSIONERS onimat` WELD COU OLORADO ATTEST: y , .- jp �` 4 % :�4, • ceg.,4,4 1' - . ��ouglas� adem her, Chair Weld County Clerk to the Board 11861 -���`��I.` / Y �k�c/ - yy�',rbara Kirkme e , Pro-Tem BY: A Iv( "'EA d e �s / �� `i > Deou Clerk a the Board �. $e c _ 5- Sean P. C C illiam . Garcia David E. Long Minutes, December 13, 2010 2010-2918 Page 8 BC0016 Hello