HomeMy WebLinkAbout20080231.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 16, 2008
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, January 16, 2008, 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 William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of January 14, 2008, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $343,797.98
Electronic Transfers -All Funds $4,644.24
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
2008-0231
BC0016
C2Oy -Oal
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
APPROVE COMPUTER/TELEPHONE CABLING AND FIBER BID - ALTERNATIVE PROGRAMS
BUILDING: Mr. Warden stated staff recommends acceptance of the low bid from H and H Data Services,
Inc., in the amount of$25,809.61. He clarified H and H Data Services, Inc., has provided these services
for the County in the past. Commissioner Masden moved to approve said bid, based upon staff's
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR BUILDING HEALTHY MARRIAGES
PROJECT AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY: Walt Speckman,
Director, Department of Human Services, stated United Way of Weld County will continue to assist the
Department with recruiting, marketing,and emergency services for the Building Healthy Marriages Project.
He stated the previous year's agreement with United Way worked very well, and he recommended
approval of the agreement for a term of October 1, 2007, through September 30, 2008. Commissioner
Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER DESIGNATION OF BROKERS/DEALERS FOR INVESTMENT OF WELD COUNTY FUNDS:
Mr. Warden stated as required through State statute, the Board must approve the brokers and dealers
which are utilized by the Treasurer's Office for the investment of County funds. He clarified several of the
names listed within the Resolution are currently being utilized by the Treasurer's Office, and the Treasurer
recommends the addition of Southwest Securities and Neidiger Tucker Brunner. In response to Chair
Jerke, Mr. Warden indicated the Treasurer previously conducted business with the additional brokers
during his tenure in Adams County. Commissioner Long moved to approve said designation. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN-JENSEN ENTERTAINMENT, LLC, DBA T-BONES RESTAURANT AND
LOUNGE: Bruce Barker, County Attorney, explained State statute allows the Board to consider the
issuance of a temporary permit in conjunction with a completed Transfer of Ownership application of a
retail liquor license. He stated the temporary permit allows the establishment to continue the sale of
alcoholic beverages during the local transfer application process and until the request is approved by the
State. He further stated a letter requesting the issuance of a temporary permit has been provided, he has
reviewed the application for the Transfer of Ownership request, and he recommends approval of the
temporary permit. Mr. Barker stated the facility, currently known as Simon's Bar and Grill, is located
adjacent to State Highway 119,just west of Interstate 25. In response to Chair Jerke, Mr. Barker indicated
the application process for a Transfer of Ownership takes approximately 60 days to process; however,the
amount of time is dependent upon the response time for the results of the background check issued by
the Colorado Bureau of Investigation.
Tony Jensen, applicant, reiterated the location of the restaurant, and stated the closing of the property will
be completed on Friday, January 18, 2008. In response to Chair Jerke, Mr. Jensen indicated he will be
the managing partner at the restaurant, and his business partner, who currently owns a restaurant in the
City of Parker, will offer his expertise in setting up the kitchen within the restaurant. Responding to
Commissioner Masden, Mr. Jensen stated he has obtained an Accounting degree, he has previously
worked as a bartender in the State of Montana, and he currently is the chief building engineer for the
Federal Courthouse in the City of Denver; however, he will be shifting his primary duties to the restaurant,
and will not be a silent partner. In response to Commissioner Garcia, Mr. Jensen indicated he has
received previous training regarding the sale and service of alcohol during his tenure as a bartender;
Minutes, January 16, 2008 2008-0231
Page 2 BC0016
however, he intends to complete the required TIPS training program through the State of Colorado. He
further stated his business partner previously held a liquor license at his current restaurant, therefore, he
has also received the required training. Further responding to Commissioner Garcia, Mr.Jensen indicated
the restaurant is currently within the transition of becoming T-Bones Restaurant and Lounge, he is planning
to employ current staff members employed by Simon's Bar and Grill, and he is hoping to add new staff as
business picks up. Responding to Chair Jerke, Mr. Barker indicated the facility will be required to provide
certification that all staff members have attended the TIPS training program as a part of the Transfer of
Ownership application; however, the requirement is not listed within the Resolution for the temporary
permit. Mr. Jensen clarified he is not sure that all of the current staff members have received the required
training, and he plans to complete discussions with the employees by the end of the week as he officially
begins business operations. Commissioner Long moved to approve said temporary permit and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CONSENT TO THE ENFORCEMENT BY THE WINDSOR-SEVERANCE FIRE PROTECTION
DISTRICT OF THE 2006 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN THE
DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated the
Windsor-Severance Fire Protection District has provided the request for Weld County to consent to the
enforcement of the 2006 International Fire Code,with amendments,within the unincorporated areas of the
District. He stated similar requests have been considered for other fire protection districts, and clarified
the Board previously discussed the matter in a work session. He stated the District provided notice of, and
conducted, a public hearing regarding the adoption of the 2006 International Fire Code, as required by
State statute.
Mike Davis, Division Chief, Windsor-Severance Fire Protection District, stated the District is committed to
flexibility and indicated Commissioner Masden brought up a good point at the work session, in regard to
the financial impacts to industrial and commercial facilities. He confirmed he will present the concerns to
the Board of Directors of the District for consideration and direction, and he will maintain communication
with Mr. Barker so that the Board may receive updates. He stated the Northern Colorado Fire Marshal
Association holds monthly meetings, and representatives from thirteen different fire protection districts
regularly attend the meetings. He clarified the Association is working to create a county-wide fire code,
in order to bring uniformity to the fire protection districts within Weld County. Commissioner Masden
expressed his appreciation to Mr. Davis for the commitment to discuss the presented concerns to the
Board of Directors. Responding to Commissioner Masden, Mr. Davis indicated the creation of a
county-wide fire code will be the first of its kind within the State of Colorado. He stated the matter will
require additional discussion and full support from the Chiefs of all fire protection districts within the
County; however, he believes if the matter remains progressive, a uniform code may be adopted in several
years. He further stated the first goal will be to get every district to adopt the 2006 or the
2009 International Fire Code. Mr. Davis stated it is unlikely for the State of Colorado to be unified through
one Code, unless a State Fire Marshal is appointed, and he clarified Colorado is one of the last states
within the nation that does not have a State Fire Marshal. Commissioner Garcia moved to approve said
consent. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR MONITOR FOR WELD COUNTY COMMUNITY CORRECTIONS BOARD
AND AUTHORIZE CHAIR TO SIGN - MIKE RIEDE: Mr. Barker stated the agreement provides for the
employment of Mike Riede,to act as a temporary monitor for the Community Corrections Board. He stated
the funds, in the amount of $10,000.00, will be provided by the Colorado Division of Criminal Justice.
Kevin Strobel, Chairman, Community Corrections Board, stated Mr. Riede will be considered as an
independent contractor, and his wages will be paid through grant funds awarded for the necessary
oversight duties. In response to Chair Jerke, Mr. Strobel indicated Mr. Riede will provide oversight for
approximately 60 days; however, the time frame may be extended if the total amount of funds are not
utilized within 60 days. He further stated the need for additional funds will require the approval from the
Minutes, January 16, 2008 2008-0231
Page 3 BC0016
Colorado Division of Justice. Responding to Commissioner Garcia, Mr. Strobel indicated a 30-day
progress report will be provided by Mr. Riede, which he will present to the Board, and he will request that
Mr. Riede provide a 60-day progress report as well. Commissioner Garcia indicated presenting the
findings of the progress reports to the Board will be appropriate. In response to Commissioner
Rademacher, Mr. Strobel stated the necessary issues to be addressed have been identified by the
Colorado Division of Justice, and Mr. Riede will monitor the corrective measures taken to come into
compliance with the recommendations provided. He clarified Mr. Riede will complete on-site periodic visits
to the Villa, to determine the level of compliance by the Community Corrections Board. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Long moved
to appoint Tammy Fisher to the Workforce Development Board,with a term to expire December 31, 2010.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT TO UNIFORM BUILDING CODE OF APPEALS: Commissioner Rademacher
moved to appoint Ron Bernhardt to the Uniform Building Code Board of Appeals, with a term to expire
December 31, 2010. Seconded by Commissioner Garcia, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-14, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (CON'T FROM
01/02/08): Commissioner Garcia moved to read said Ordinance by title only. Seconded by Commissioner
Long,the motion carried unanimously. Mr. Barker read said title into the record. Brad Mueller, Department
of Planning Services, introduced Noel Blanco, who is completing an internship with the Department of
Planning Services, and stated Mr. Blanco holds a degree in Urban Design from the University of Colorado.
He provided a memorandum, marked Exhibit B, outlining the modifications discussed at the recent work
session. He further stated following the work session of January 7, 2008, Union Pacific Railroad (UPRR)
announced it did not intend to move forward with the proposal for a facility outside of the Town of Fort
Lupton, therefore, staff recommends the modifications proposed for railyards and the railroad design
standards not be considered as a part of this Ordinance. He clarified staff intends to continue working with
the railroad companies regarding the necessary modifications; however, he anticipates a major revision
to the structure of the necessary modifications. He further clarified Appendix 23-F was drafted to serve
the immediate needs for rail yard facilities;however,further revisions to design standards will be necessary
for several zone districts. He indicated representatives of the railroad companies and several Weld County
citizens have expressed a desire to provide input regarding the revised standards, therefore, the
modifications will be addressed at a later date.
Mr. Mueller stated the modifications discussed at the work session regarding the proposed allowances for
Temporary Batch Plants indicated that the Director of the Department of Planning Services may approve
a six(6)month extension, a total of three times, and after that limit the applicant will need to seek approval
from the Board of County Commissioners for any additional extensions. He explained his memorandum
explains the necessary modifications to the second reading of the Ordinance, and Chair Jerke indicated
it was not necessary for Mr. Mueller to review each modification in detail since the Board is aware of the
changes discussed in the work session. Commissioner Masden indicated since UPRR is not moving
forward with the previous proposal, opportunities have opened for the County to work in conjunction with
the Cities of Fort Lupton and Brighton regarding the zoning of certain properties. In response to
Mr. Mueller, Commissioner Masden stated the County needs to be pro-active with the economic
development with the railroad corridor since development is occurring, and he suggested encouraging
businesses to locate within the developing area. He further stated other developing corridors within the
County needs to be studied as well. Mr. Mueller concurred with Commissioner Masden,and indicated staff
has been receiving ideas from the citizens of Weld County. He indicated he understands Commissioner
Minutes, January 16, 2008 2008-0231
Page 4 BC0016
Masden's desire to create an environment in which businesses may re-zone properties for certain
incentives. He stated these ideas are currently being discussed by the Technical Advisory Committee,
which is studying the Comprehensive Plan, including the idea to target areas within the County for future
study for a SubArea Plan. Mr. Mueller indicated he has been briefed on the discussion held regarding the
rail corridor between the Town of Windsor and the City of Greeley, and the Technical Advisory Committee
has expressed support for the concept of providing the ability to create incentives, without limiting the
flexibility of an area. In response to further comments provided by Mr. Mueller, Chair Jerke indicated many
great ideas have been expressed, and he requested an update presentation from the Technical Advisory
Committee during a future work session. No public testimony was provided concerning the matter.
Commissioner Long moved to approve the second reading of Ordinance#2007-14, with the amendments
as described in the memorandum provided by Mr. Mueller, marked Exhibit B. Seconded by Commissioner
Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-15, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE (CON'T FROM
01/02/08): Commissioner Masden moved to read said Ordinance by title only. Seconded by
Commissioner Rademacher, the motion carried unanimously. Mr. Barker read said title into the record,
and Mr. Mueller stated no modifications have been discussed since the approval of the first reading. In
response to Chair Jerke, Mr. Barker indicated one of the modifications approved on first reading included
the new regulations for notification to surrounding mineral owners for land use applications. He stated in
accordance with Senate Bill#237, the applicant is now required to provide evidence of certification for the
appropriate notice. He further stated developments of more than 160 acres in size will be required to
provide a Surface Use Agreement, or meet certain criteria to ensure the oil and gas matters are satisfied
on the property. Mr. Barker clarified the modifications he described are effective for the second reading
of Ordinances #2007-16 and #2007-17 as well. Responding to Chair Jerke, Mr. Mueller indicated the
language regarding Recorded Exemptions has been modified to state that a Recorded Exemption is a
"land division process", replacing the previous language that stated it was a "subdivision process,"which
was not technically correct. No public testimony was provided concerning the matter. Commissioner Long
moved to approve Ordinance #2007-15 on second reading. Seconded by Commissioner Garcia, the
motion carried unanimously.
SECOND READING OF ORDINANCE#2007-16, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE
(CON'T FROM 01/02/08): Commissioner Rademacher moved to read said Ordinance by title only.
Seconded by Commissioner Masden, the motion carried unanimously, and Mr. Barker read said title into
the record. Mr. Mueller stated the modifications on first reading included providing consistency of
references to the Storm Drainage Criteria throughout the Weld County Code. He stated other issues were
brought up within the Board's work session,and a separate study session has been set up to discuss those
issues. In response to Chair Jerke, Mr. Mueller indicated the modification is useful and necessary unless
the criteria itself were removed from the Code. He clarified the current language makes reference to
criteria listed in a part of the Code that is no longer in existence. No public testimony was provided
concerning the matter. Commissioner Garcia moved to approve Ordinance#2007-16 on second reading.
Seconded by Commissioner Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-17, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS,CHAPTER 27 PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY CODE
(CON'T FROM 01/02/08): Commissioner Garcia moved to read said Ordinance by title only. Seconded
by Commissioner Masden, the motion carried unanimously, and Mr. Barker read said title into the record.
Mr.Mueller recommended approval of the second reading,and clarified no changes have been made since
first reading. In response to Commissioner Masden, Mr. Mueller indicated it is not unusual, on an
occasional basis,to come across references which need to be updated. No public testimony was provided
Minutes, January 16, 2008 2008-0231
Page 5 BC0016
regarding the matter. Commissioner Long moved to approve Ordinance #2007-17 on second reading.
Seconded by Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2007-14, #2007-15, #2007-16, and #2007-17 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.
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: iltSIAL1 ] La 1--
'.m H. Jerke, Chair
Weld County Clerk to the Board is6i ti
��' % \^ (�
jabert D. Masden, Pro-Tem
B S lb i wit / 'c. � �,�,
Dept Clerk t the Board ��I / 2
J Willi rcija
David E. Long
ou-
Douglas ademach r
Minutes, January 16, 2008 2008-0231
Page 6 BC0016
Hello