HomeMy WebLinkAbout20083209.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 8, 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, December 8, 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, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of December 1, 2008, as printed. Commissioner Garcia 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 Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT NORTH BUILDINGS CUSTODIAL SERVICES BID - DEPARTMENT OF BUILDINGS AND
GROUNDS: Monica Mika, Director of Administrative Services, stated this bid is for eleven different Weld
County buildings, including the Assessor's Office and the Training Center, and it will be presented for
approval December 22, 2008. Chair Jerke stated he is interested in hearing about the past performance
of vendors, not only the figures, when the bid is presented for approval. Ms. Mika stated she will have the
requested information when the bid is presented for approval.
PRESENT AND APPROVE OLD TRANSPORTATION BUILDING DEMOLITION BID-DEPARTMENT OF
BUILDINGS AND GROUNDS: Ms. Mika stated this is an emergency bid and seven vendors submitted a
bid. She recommended acceptance of the low bid, in the amount of$25,600.00, from Colorado Cleanup
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Corporation. She stated this bid includes the back-fill at no charge. Ms. Mika stated the reason approval
is requested today is to remain on schedule with construction, because this building needs to be completed
by January 31, 2009. Commissioner Garcia stated there is a large difference in the amounts bid by each
vendor. Ms. Mika stated the low bidder is more cost effective since the company is currently working on
demolishing a beet facility in the City of Greeley;therefore, the company already has the equipment in the
area. In response to Commissioner Rademacher, Don Warden, Director of Finance and Administration,
stated the County has not done business with this vendor before. Mr. Warden stated in the past the
County has used AgriTrack, Inc., for this type of project. Chair Jerke stated he is concerned about the
difference in price,since there is a large difference between this vendor's bid and the other bids. He stated
the County has been happy with the work performed by Agritrack, Inc., and he would like to know if the
beet facility has been pleased with Colorado Cleanup Corporation. Ms. Mika stated she is willing to
investigate this and bring the matter back before the Board on December 10, 2008. Commissioner
Masden moved to continue said bid to December 10, 2008. Commissioner Rademacher seconded the
motion, which carried unanimously.
APPROVE COMMISSARY SERVICES BID-SHERIFF'S OFFICE: Ms. Mika stated the Board held a work
session last week to discuss the methodology the Sheriff's Office used to make the recommendation to
use Keefe Commissary Network. She stated it is the company the County currently has a contract with,
and has held a contract with, for the last 9 years. She further stated the proposed agreement will be a
three year agreement, with a term of February 1, 2009, through January 31, 2012, with the possibility of
extensions until the year 2016. Commissioner Rademacher moved to approve the bid from Keefe
Commissary Network, based on staff's recommendation. Seconded by Commissioner Garcia,the motion
carried unanimously.
NEW BUSINESS:
CONSIDER CANVASS BOARD CERTIFICATION OF NOVEMBER 4, 2008, COORDINATED GENERAL
ELECTION: Bruce Barker, County Attorney, stated this is the Weld County Clerk and Recorder's final
official act, through the Canvass Board, regarding the November 4, 2008 election. Mr. Barker stated a
Resolution is drafted to show the Board received the certification. Commissioner Masden moved to accept
said certification. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON: Mr. Barker stated usually a
representative of the Sheriff's Office presents a report; however, he has no record of any problems with
the establishment. Chair Jerke stated there seems to have been an evolution in the ownership over the
last two to three years. Mr. Barker stated there was a problem in the past with a manager, not an owner.
Mr. Barker stated the Sheriff's Office typically advises him in advance, if it has a problem with a facility.
In response to Commissioner Garcia, Mr. Barker stated violations regarding environmental health only
need to be considered by the Board if the establishment is required to have a food service license and
does not have one. He stated the matter Commissioner Garcia is referring to was a civil penalty; however,
there was no action taken to suspend or revoke the establishment's food service license. In response to
Chair Jerke, Elizabeth Strong, Deputy Clerk to the Board, stated the letter from the State was sent to the
applicant after they initially bypassed obtaining approval from Weld County for renewal and mistakenly
submitted the paperwork directly to the State. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER APPLICATION FOR 2009 EMERGENCY MANAGEMENT PERFORMANCE PROGRAM
GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Office of Emergency Management, stated the
application is submitted each year to help support emergency management functions, and he based the
application on the budget for emergency management. Mr. Rudisill stated last year the grant awarded
Minutes, December 8, 2008 2008-3209
Page 2 BC0016
$47,000.00, and the amount is expected to be similar this year. He stated one new item that has been
added to the application is developing a program, or a tracking system, for special needs facilities and
populations, and he has been working with Geographical Information Systems(GIS)to develop a website
for people to register on, which will mainly be used in the event of a disaster or evacuation. Mr. Rudisill
stated another new item is developing a three year long training and exercise program. In response to
Chair Jerke, Mr. Rudisill stated the special needs tracking system is intended for both individuals and
institutions. Mr. Rudisill stated these are regulations from the Federal Emergency Management Agency
(FEMA) and the State, as a result of Hurricane Katrina. He stated the purpose of the tracking system is
to be able to identify facilities and people who may require assistance in evacuating during an emergency.
In response to Commissioner Masden, Mr. Rudisill stated the grant is from FEMA. Commissioner Masden
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN -
JOSE CARDIEL: Mr. Barker stated this is an agreement for educating an employee of the Weld County
Paramedic Services, and this agreement is standard for this situation. Mr. Warden stated these
agreements are also used for Emergency Medical Technicians (EMTs), and the employee must commit
to working for the County two years after receiving the training, and if the employee does not work for the
County for two years,they must reimburse the County for the training cost. Commissioner Masden moved
to approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously,
CONSIDER TEMPORARY CLOSURE OF CR 31 BETWEEN CRS 16 AND 18: Janet Carter, Department
of Public Works, stated the closure will commence December 15, 2008, through December 19, 2008, to
replace a culvert. Ms. Carter stated road signs, barricades, and message boards will be used to notify
drivers of the closure. In response to Commissioner Masden, Ms. Carter stated a 30-inch pipe will be
replaced with a 36-inch pipe. In response to Commissioner Rademacher, Ms. Carter stated the average
daily traffic count, according to a 2006 study, is 934 vehicles. Commissioner Rademacher moved to
approve said temporary closure. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER ACCEPTANCE OF "O" STREET ARTERIAL CORRIDOR STUDY: Wayne Howard,
Department of Public Works, stated three weeks ago he presented the final report and the Selection
Committee's recommendation regarding the study. Mr. Howard stated since then staff has gathered
additional information for the Board and placed the information on the website. He stated since the
presentation three weeks ago, staff has also toured the site with the Board and examined issues
addressed in the public input hearing. Mr. Howard stated he does not have any additional information to
present, since there have not been any changes since the last presentation, and the recommendation
remains the Yellow Alignment. Commissioner Masden inquired if staff has worked with developers, the
Town of Windsor, and the City of Greeley through the process. Mr. Howard stated staff has spent a
significant amount of time working with the Kodak facility in the Town of Windsor and the Bro Development
Company, and staff has also attended many meetings with the Town of Windsor and the City of Greeley
regarding this matter. He stated he feels staff has done a thorough job of investigating all of the details
and working with all of the people and organizations which will be most affected by this study. In response
to Commissioner Masden, Mr. Howard stated the Engineer for the Town of Windsor participated in the
Selection Committee. In response to Commissioner Long, Mr. Howard stated there are always problems
with unstable ground when a road is built, particularly when building a road over the wetlands, due to
decomposing vegetation; however,there are techniques available to engineers to combat unstable ground,
including geogrid products, fabrics, removal of the material and replacement with a more stable material,
and cement may be mixed in with the soil. He stated there are many options available and he is confident
one of these options will be able to remedy any problems that staff observed in the field; however, until in
depth surveying is completed, it is unclear which method will be utilized. Commissioner Rademacher
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Page 3 BC0016
stated another concern addressed previously is preserving Shark Tooth water. Mr. Howard stated every
road project must contend with utilities, and at the time the project is surveyed and laid out conceptually,
all of the impacted utilities will be identified and it will be determined if the County can avoid affecting those
utilities or at least learn how to mitigate the effects. In response to Commissioner Garcia, Mr. Howard
stated the Yellow Alignment is on a Section Line. Responding to Commissioner Garcia, Mr. Barker stated
he has researched if the County has any current rights-of-way on the Section Line and his findings are
inconclusive. Mr. Barker stated he found a report from the 1800s; however, he could not determine
right-of-way from the report. He stated there was a notation about a roadway being accepted by the
County; however, he did not find it in the report. Chair Jerke stated it seems to be advantageous for most
to know where the roads will be developed in the future.
Melvin Dinner, Attorney for the Firestiens, stated he wishes to provide testimony; however, he will allow
the public, who did not have the opportunity to speak during the public input hearing, to provide testimony
before he continues.
John Lyda, President of Bro Land Company and Great Western Development Company, expressed his
support for the proposed alignment of"O"Street with Crossroads Boulevard. Mr. Lyda stated this is a very
important regional connection for the transportation system.
Ron Stout, Town of Windsor resident, stated at the last meeting Mr. Howard indicated people would have
to go 1/4 mile out of their way to use County Road 64.5, and he does not believe it is that far. Mr. Howard
stated the distance is actually closer to half a mile in each direction.
John Bliss, Pastor at Saint John's United Church of Christ, where the Firestien family attends church,
stated perhaps wherever a road is placed it will impact nice people; however, he believes the County can
avoid building the road through the Firestiens' homes. Mr. Bliss stated he was surprised that the impacts
on the wetlands and the Poudre Trail were not considered more thoroughly. He stated that he enjoys
riding his bicycle on the Poudre Trail. Mr. Bliss stated he was also surprised to hear of the impact the
project will have on Ken Tigges's property. He stated prior to joining the ministry, he taught history and
American government in high schools, and he knows how important it is that citizens have faith in their
elected officials. He further stated many citizens spoke out against the project at the last hearing.
Mr. Bliss stated progress is not positive when it results in the loss of good will and trust. He requested the
Board not approve the road study because he believes it is in the interest of more people to not approve
it.
Judy Firestien, Weld County Resident, stated nobody examined her property when the Board toured the
area, and she extended the offer for the Board to do so. In response to Judy Firestien, Chair Jerke stated
the Board toured the interior of some properties along the corridor, including the Hall-Irwin property and
another property which is currently for sale. Responding to the conversation earlier regarding road
right-of-way, Ms. Firestien stated in 1887 Mary Bracewell gave an easement to Weld County for a County
Road extending north from the intersection of 83rd Avenue and"O"Street; however, she is unaware of the
status of the roadway west of the intersection. She stated she has collected a total of 739 names on the
Petition to Stop "O" Street and people continue to sign the petition. She further stated in addition to the
signatures on the petition, there were over 150 comments expressing opposition to the road development.
Ms. Firestien stated many of the comments suggest using existing roads as an alternative, such as
Highways 34 and 392 and County Road 64.5. She requested if an alternative route cannot be established,
that the route is built around her home and not through it, although surrounding wildlife will still be
disturbed. She stated 12 people spoke in opposition to the road at the last hearing and not one of them
spoke in favor of the extension of"O"Street. Ms. Firestien stated some of the reasons provided by others
for requesting the road not be built included preserving history and open space, protecting wildlife habitat,
and avoiding marshy areas. She stated several people suggested using existing roadways so
Minutes, December 8, 2008 2008-3209
Page 4 BC0016
development may occur on both sides of the road, rather than on only one side of the road, which will be
the case due to the flood plain, if the proposed development occurs. She further stated it seems it would
be wiser financially to be able to develop on both sides of the road. Ms. Firestien stated an additional 19
people submitted e-mails and letters in opposition to the road development to the Board; however, only
three people submitted e-mails or letters of support for the development. She requested that the Board
act on behalf of their constituents, and thanked them for their time.
Ruth Firestien, Weld County resident, concurred with Judy Firestien's comments, and added she is
disturbed by the limited scope of the Board's tour of the area. Ms. Firestien expressed she does not
believe the Board toured all of the affected areas and she expected the Board to tour her property, which
they did not. She stated at the last hearing Mr. Howard mentioned the County is unable to build a road
to the north, on County Road 64.5, due to the railroad; however, Stagecoach Road, which is between
County Roads 64 and 64.5, was there before the railroad was established. She stated she believes
expanding County Road 64.5 is the best route since it will avoid going through people's homes and the
wetlands. She further stated she believes the proposed route will only encourage more people to travel
to the Cities of Fort Collins and Loveland.
Mr. Dinner stated the two residences on the Firestien property are located at the intersection of"O"Street
and 83rd Avenue,which is also County Road 27. He stated Exhibit C,which was previously submitted into
the record, shows the two Firestien houses. He stated the houses are 100 years old or more and they
cannot be replaced for the amount it costs to build a new house. Mr. Dinner stated not only money, but also
the quality of life needs to be considered. He stated in addition to the Firestiens' residences the entire
two-mile stretch is vitally important to the County, when considering the environmental and ecological
status of the area. He further stated the Board toured the Blue Alignment; however, they did tour the
Yellow Alignment, which included the Firestiens'and Ken Tigges properties. Mr. Dinner stated as a result
of Judy Firestien's testimony; Felsburg, Holt, and Ullevig presented another alternative route, the Purple
Alignment, which is County Road 64.5. He stated County Road 64.5, formerly Stagecoach Road, was in
existence before the railway system. He stated there are five alternatives, based on study, and seven
alternative routes including Highways 34 and 62. Mr. Dinner stated it is understood there are no immediate
plans for development; however, the Board is making a decision regarding rights-of-way at this time. He
stated the study is flawed,for example, on Page 3 it states, "Existing environmentally sensitive areas were
obtained from the County's GIS Department that revealed flood plains in the immediate area. In addition,
the primary environmental consideration of this study is the impact to a residential area or residential use,
located just west of the "O" Street and 83rd Avenue intersection where the Firestien's house has existed
for many years." He stated the statement does not acknowledge there are two residents on Firestien's
property. He further stated on Page 11 of the report, under the environmental impacts for the Yellow
Alignment, it states, "does not have any known environmental impacts," which is contradictory to the
statement earlier in the report listing the Firestien's residence as a primary environmental concern. Mr.
Dinner stated the Tigges's and Firestiens' properties will be significantly affected. He stated the boy scout
recreation area, hunting grounds, bald eagle nesting grounds, wetlands, and the Poudre Trail will all be
affected and none of these are addressed in the report. He stated the Board needs a report that provides
the information required to make an informed decision on the matter, even though it will cost additional
funds. He further stated there are between 700 and 800 constituents who have expressed their opposition
to this road, and only three who have expressed they are in favor of the road; therefore, the Board should
not move forward with the recommended alignment.
Chair Jerke closed public testimony. In response to Commissioner Rademacher, Mr. Howard stated the
Purple Alignment was brought before the Committee after the first public input hearing, since the public
wanted to explore the option, and it was ruled out by the Committee. Chair Jerke requested that Mr.
Howard review the proposed alignments and the reasons each one was discarded. Mr. Howard stated the
negative aspects of the Green Alignment are it did not receive any votes at the public input open house;
Minutes, December 8, 2008 2008-3209
Page 5 BC0016
therefore, it did not meet the community support requirement, it bisects future mining operations, and it
severs several parcels. He stated the positive qualities of the Green Alignment are it achieves the design
criteria, since the curves may safely be driven at 55 miles per hour, and there are no known environmental
issues. He stated the negative aspects of the Red Alignment are it only received only one vote at the open
house, it does not achieve the design goals, since the curves must be driven at a much slower speed than
desired, approximately 35 miles per hour, and it is in close proximity to the northern Firestien residence.
He stated the positive aspects are it is the lowest estimated construction cost and there are no known
environmental issues. Mr. Howard stated the negative aspects of the Yellow Alignment are it received only
three votes at the open house and it adversely affects both of the Firestien residences. He stated the
positive aspects of the Yellow Alignment are it is a straight alignment, which increases the safety of the
traveling public, it has the second to the least expensive estimated construction costs, including the cost
of reimbursing the Firestien's for their homes, and it utilizes existing rights-of-way. He stated the negative
aspects of the Blue Alignment are it affects an existing asphalt batch plant,Asphalt Specialties, it does not
achieve the design criteria for the eastern curve,which must be driven at 45 miles per hour, and it creates
out of direction travel to the south one-half mile. Mr. Howard stated the positive aspects of the Blue
Alignment are it does not impact the Firestiens residences and it received the most votes at the open
house. He stated the negative aspects of the Purple Alignment, which is on County Road 64.5, are it
creates dramatic out of direction travel, approximately one mile, it is the highest estimated construction
cost, and it is in close proximity to the railroad tracks, which proposes a design challenge for a large
intersection,which may one day be similar to the intersection of 35th Avenue and the Highway 34 Bypass;
therefore, it fails to meet the design criteria. Chair Jerke stated considering this intersection may be similar
to the Highway 34 Bypass route, it creates opportunities to set it up as a square versus at an angle.
Mr. Howard stated the geometry of intersections is very important, and a traditional 90 degree angle
creates the most functional type of intersection, since it allows various options at each corner and access
to and from the roadways; therefore,this is the preferred geometry. He stated as intersections are angled
it creates problems for signals and travelers. He stated all of the alignments have been designed at a
90 degree angle, with four corners, with the exception of the Purple Alignment. He further stated the
reason some of the routes have such dramatic curves is to accommodate the 90 degree alignment, and
a certain distance from the intersection is required for the signal to work.
Commissioner Long stated the Metropolitan Planning Organization (MPO) conducted a study regarding
congestion on existing roadways a couple of years ago, and it was determined that all of the central
roadways heading east and west from 257, including Highways 34 and 392, will be congested within 20
years. Mr. Howard stated he recalls the study and presented a piece of the study to the Board. He stated
in 15 to 20 years these roadways will see volume comparable to 1-25, and "O" Street will be just one of the
roadways required to accommodate the public need.
Chair Jerke requested that Mr. Howard speak about the Highway 52 and County Road 13/ Colorado
Boulevard Project in South Weld County. Chair Jerke stated there was a home on the route, similar to the
Yellow Alignment, and the County, CDOT, and the property owner developed a plan to resolve the
problem. Mr. Howard stated in it's previous condition, County Road 13/Colorado Boulevard was similar
to the Blue and Green Alignments, with curves off of a Section Line. He stated as a part of the study, it
was determined the local residents preferred a straight alignment,which required purchasing a home. He
further stated even though the curves brought the road closer to the Towns, the residents preferred the
safety of the straight alignment. Mr. Howard stated this was the first occasion he is aware of that the
County has purchased a home to build a roadway.
In response to Commissioner Rademacher, Mr. Howard stated it has not been investigated whether or not
the Firestiens' homes are in good enough condition to be moved to another locations. Chair Jerke stated
he is aware of the problems that result from curves created in roadways to accommodate property owners.
He stated 1-25 has one near the Town of Berthoud and the property was destroyed long ago; however, the
Minutes, December 8, 2008 2008-3209
Page 6 BC0016
curve in the road remains. He stated a straight line is preferable for multiple reasons. Chair Jerke stated
the straight alignment will create a tremendous amount of opportunity at the intersection of 83rd Avenue
and "O" Street. He stated the road is needed to promote commerce and to allow people and materials to
travel east and west.
Commissioner Masden concurred with Chair Jerke, and stated the County has examined many different
alignment options for this roadway, and worked with the City of Greeley and the Town of Windsor to
determine the best alignment. He stated the tour the Board took of the area made if clear to him why the
straight alignment is preferred. He further stated the Firesteins set the stage for the current situation when
they chose to sell some of their land for gravel development years ago, and gravel development presently
surrounds the Firestiens'property on the south and west sides. Commissioner Masden stated people need
to listen to, and trust in, their elected officials, since much time and many resources have been invested
to determine the best alignment, and the Yellow Alignment is the best route.
Commissioner Garcia stated the MPO study illustrates the need for increased access to and from the area.
He stated in the southwest part of Weld County the various east to west and north to south corridors have
not been preserved for traffic, which has created a terrible traffic situation. He stated there is a need for
this study and he thanked Mr. Howard and all of the others who were involved with the study.
Commissioner Garcia stated he concurs the Yellow Alignment is best for economic opportunities, including
for the Firestiens; however, the Firestiens are not in favor of the alignment. He stated the Red Alignment
ranks the highest regarding low construction costs, it utilizes existing right-of-way, has no known
environmental impacts,and preserves the Firestiens'homes;however,it does not meet the design criteria.
Commissioner Garcia stated he is in favor of the Red Alignment.
Commissioner Rademacher stated he has struggled to make a decision on this matter. He stated the
need for the road is clear, and he sits on the MPO as a Board member. He further stated during the
Comprehensive Plan hearings the Board was encouraged to move forward on this matter by a constituent.
He stated he is in favor of the Blue Alignment.
Commissioner Long stated there are two issues to be considered; whether "O" Street development is
desired at all, and secondly, which alignment is desired if it is determined development is necessary. He
stated a woman on a land use matter last week mentioned there was grid lock on Highway 34, due to an
accident, and she had to take an alternative route and travel to Highway 392. He further stated it is likely
thousands of people were rerouted that day and those people would all likely be in favor of a petition to
create a faster alternative route. Commissioner Long stated it is imperative that the"O" Street alignment
occur. He stated determining which route to pursue is more difficult. He stated opportunities will be
created no matter where the road is placed, and if the road were to be built in the next year or two, his
choice of which alignment may be different; however, construction will not occur for years. Commissioner
Long stated considering the safety of proposed roadways is a main responsibility of government, and the
Yellow Alignment is the safest route.
Commissioner Masden moved to accept the "O" Street Arterial Corridor Study and the Recommended
Alignment. Chair Jerke seconded the motion. Commissioner Rademacher stated he is not convinced the
Yellow Alignment is the best alignment. Commissioner Garcia concurred with Commissioner Rademacher,
and stated he will be opposed to accepting the Yellow Alignment due to the homes on the route. He stated
he believes the Red Alignment is fiscally the best selection. Commissioner Masden thanked all who
provided testimony and signed the petition. He stated the County has been working on this project for
years, and strived to take into consideration every potential impact on people's lives and the impact on
future generations to come. He further stated it is a difficult decision; however,when removing the emotion
from the process and considering what is best for the public, he is in support of the Yellow Alignment.
Commissioner Masden stated it will be a major business corridor someday, and he is in support of this
Minutes, December 8, 2008 2008-3209
Page 7 BC0016
alignment. Commissioner Long reiterated the straight route minimizes negative impacts. Chair Jerke
thanked everyone in attendance, and stated he believes the straight route is the best. Upon the request
for a roll call vote, the motion passed 3-2, with Commissioners Rademacher and Garcia being in
opposition.
CONSIDER WELD COUNTY GOVERNMENT CAFETERIA PLAN AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated the County is changing its FLEX plan to the Ameriflex plan. He stated he needs to
update the plan,and requested a continuance to December 10, 2008. Commissioner Rademacher moved
to continue the matter to December 10,2008. Commissioner Masden seconded the motion,which carried
unanimously.
CONSIDER OPTION LETTER #1 FOR INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF
PUBLIC TRANSPORTATION SERVICES IN NON-URBANIZED AREAS AND AUTHORIZE CHAIR TO
SIGN: Barb Connolly, Controller, stated the grant the County has with the Colorado Department of
Transportation (CDOT)expires December 31, 2008. Ms. Connolly stated the option letter will extend the
agreement so funds may still be drawn from before the official agreement for 2009 has been received.
In response to Chair Jerke, Ms. Connolly stated the agreement will be prorated. Commissioner
Rademacher moved to approve said option letter and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF PLANNED UNIT DEVELOPMENT FINAL
PLAN, PF#1114- PYRENEES PROPERTIES, LLC: Kim Ogle, Department of Planning Services, stated
as a Condition of Approval, per Section 27-8-70 of the Weld County Code, the Planned Unit Development
Final Plan should be commenced within one year. Mr. Ogle stated a letter was received from Christine
Wenrick requesting an indefinite continuance, and staff is in favor of the request due to the economic
downturn. Chair Jerke stated he is uncomfortable with granting a request for an indefinite amount of time.
In response to Commissioner Garcia, Mr. Ogle stated a three year extension is acceptable; however,
typically an extension request is granted for one year and the applicant may apply for another extension
for each year that additional time is required. Commissioner Rademacher stated he would prefer to
approve a one year extension, as opposed to a three year extension. Commissioner Rademacher moved
to approve said request for a period of one year. Seconded by Commissioner Long, the motion carried
unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-16, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Commissioner Garcia moved to read Ordinance #2008-16 by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously. Mr. Barker read the Ordinance into the record. Chris
Gathman, Department of Planning Services, stated this is the Ordinance regarding wind generators and
there are no changes from the second reading. Chair Jerke stated he received an email from Preston
Ranches, which considered a windmill and determined it did not make sense financially to install one. In
response to Chair Jerke, Mr. Gathman stated staff received some inquiries regarding windmills over the
summer; however, none have been received recently. Chair Jerke stated staff may need to revisit this to
be sure the fees and requirements make financial sense. There was no public testimony. Commissioner
Garcia concurred with Chair Jerke, and he stated he believes wind energy is a great opportunity and he
would like to see some of the barriers to obtaining it eliminated. Commissioner Masden moved to approve
Ordinance #2008-16 on final reading. Seconded by Commissioner Garcia, the motion carried
unanimously.
Minutes, December 8, 2008 2008-3209
Page 8 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2008-16 was approved on final 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 11:00 a.m.
BOARD OF COUNTY COMMISSIONERS
���� WELD COUNTY, COLORADO
ATTEST: Lail 4' i /I.� -
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iam H. Jerke, Chair
Weld County Clerk to the r �'a ` -
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Deputy Clerk to the Buac•A �� .—
NI c' %i 9 W m F. Garcia
David E. Long
ougl Rademac r
/
Minutes, December 8, 2008 2008-3209
Page 9 BC0016
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