HomeMy WebLinkAbout20080411.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 4, 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, February 4, 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of January 30, 2008, as printed. Commissioner Masden seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on January 30, 2008, as follows: 1) USR#1631 -Hungenberg Investments, LLC, and D and B
Hungenberg Investments, LLC, c/o Matrix Energy, LLC; and 2) PZ #1098 - Wayne Harsh and Randy
Lamp,c/o Park Engineering Consultants,Attn: Karen Kittel. Commissioner Masden seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden 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.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $548,766.83
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING CROSSROADS ALIGNMENT
STUDY FOR CR 2 AND AUTHORIZE CHAIR TO SIGN: Wayne Howard, Department of Public Works,
stated this is an Intergovernmental Agreement among Adams County, the Cities of Thornton and
Northglenn, and Weld County. Mr. Howard stated all of the entities have signed the agreement, except
Weld County. He stated the agreement is for the Crossroads Alignment Study for County Road 2, also
known as 168th Avenue, is the survey correction line. He explained many roadways adjoining Adams and
Weld Counties are offset by several hundred feet; therefore, the study will investigate alternatives for
correcting offset intersections. Mr. Howard stated the cost sharing will depend on the ownership of the
intersections, and Weld County's cost will be $25,000.00. He stated it is estimated each of the six
intersections will cost approximately $10,000.00. In response to Commissioner Masden, Mr. Howard
stated Weld County has been working on this project for approximately three years. He explained the City
of Thornton initiated the process; however, Weld County has taken the lead on it over the last six months.
In response to Chair Jerke, Mr. Howard stated the study will identify possible alignments,and will allow the
respective jurisdictions to begin the processes for preserving right-of-way. Commissioner Rademacher
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONSIDER DEED OF DEDICATION FOR PROPERTY LOCATED AT 2500 F STREET, GREELEY,
COLORADO 80631, AND AUTHORIZE THE CHAIR TO SIGN - AMERICAN TURF AND TREE
CARE/SHERRIE WOODS: Brad Mueller, Department of Planning Services, stated that Sherrie Woods,
applicant, has been working with the County to rezone her property and she has started the process of
obtaining a Use by Special Review permit for a landscaping business. Mr. Mueller stated the dedication
of right-of-way was Condition of Approval #5 in the Change of Zone application, CZ#1104, approved by
the Board on February 15, 2006. In response to Commissioner Masden, Mr. Mueller stated there is
already some County roadway on the property. In response to Chair Jerke, Mr. Mueller stated the area
is under County jurisdiction and some of the properties located there have been zoned residential;
however, many of the properties have agricultural uses; therefore, the Board recommended changing the
zoning to agricultural. Commissioner Long moved to approve said Deed of Dedication and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RESCINDING RESOLUTION #2007-3220, DATED OCTOBER 15, 2007, AND APPROVE
CORRECTED PETITION FOR ABATEMENT OR REFUND OF TAXES - RIVER VIEW ESTATES, LLC:
Bruce Barker, County Attorney, stated the Resolution initially contained an incorrect amount, and the
corrected one lists the correct amount, and the amount is the only correction in the Resolution.
Commissioner Long moved to rescind Resolution #2007-3220 and approve said corrected petition.
Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, February 4, 2008 2008-0411
Page 2 BC0016
CONSIDER ELECTRONIC TRANSACTION PROCESSING AGREEMENT AND AUTHORIZE CHAIR TO
SIGN-OFFICIAL PAYMENTS CORPORATION: Mr. Barker stated this agreement will allow for electronic
transactions to be processed. In response to Chair Jerke, Mr. Warden stated this is a vendor selected by
the State and it is less expensive than the vendor previously utilized by the County. He stated the option
of performing transactions electronically saves staff a significant amount of time. In response to
Commissioner Garcia, Mr. Warden stated the transactions will occur via the internet. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR WELD COUNTY TREASURER TO CANCEL CERTAIN PERSONAL
PROPERTY, MOBILE HOMES, AND POSSESSORY INTEREST TAXES: Mr. Warden stated the
Treasurer's Office has indicated staff has exhausted all available means to collect on these accounts. He
stated the accounts consist of bankruptcies, demolished or relocated mobile homes,and property that has
been seized by the State. He further stated the Treasurer's Office goes through this process twice a year.
Commissioner Masden moved to authorize said cancellation. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER SERVICES AGREEMENT FOR SUCCESSION PLANNING TRAINING AND AUTHORIZE
CHAIR TO SIGN -WATSON WYATT AND COMPANY: Monika Mika, Director of Administration, stated
the Board has attended several work sessions regarding retaining this company to develop a strategic plan
for succession planning. In response to Chair Jerke, Ms. Mika stated the funding is available, and Mr.
Warden concurred. Commissioner Garcia moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER GRANT APPLICATION TO DIVISION OF CRIMINAL JUSTICE (DCJ) FOR JUVENILE
DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ken Buck, District Attorney, stated staff is
requesting a total County match of $56,873.00, for each of three years, and the State will provide
$116,743.00 per year. Mr. Buck stated Weld County ranks fifth in the State in the number of juvenile
delinquent filings. He stated Weld County is one of the few judicial districts that is comprised of only one
county,and there are many larger Counties with fewer juvenile delinquent filings. He stated other counties
have eight deputy district attorneys processing juvenile delinquent filings and Weld County only has two;
therefore, the juvenile diversion program is critical to the District Attorney's Office. In response to Chair
Jerke, Mr. Buck stated the County began unofficially participating in the Juvenile Diversion Program again
approximately two and a half years ago. He stated the Program is working dramatically better this time;
it has over a 90 percent success rate, opposed to the less than 50 percent success rate it previously had.
In response to Commissioner Masden, Mr. Buck stated if parents do not attend the meeting with their
children,the children are not considered for the Juvenile Diversion Program. He stated referrals are made
by staff to the C.A.R.E. Program for classes to teach parents to communicate with their children. In
response to Commissioner Garcia, Mr. Buck stated truancy is the primary indicator of delinquent behavior
with juveniles, one of the requirements for eligibility for the Juvenile Diversion Program is perfect
attendance in school, and the Program has worked closely with the Greeley-Evans School District. He
stated the Program is a function of parent involvement. In response to Commissioner Rademacher, Kim
Kinne, District Attorney's Office, stated the $56,873.00 will pay the salary and benefits of a case manager
position. In response to Chair Jerke, Mr. Buck stated the schools will refer families to the Juvenile
Assessment Center; however, it is optional if a family utilizes it. He stated those juveniles who have not
chosen to utilize the Juvenile Assessment Center and continue to be truant, may be ordered to the Juvenile
Diversion Program. Commissioner Long moved to approve said application and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, February 4, 2008 2008-0411
Page 3 BC0016
FINAL READING OF ORDINANCE #2007-14, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Commissioner Long
moved to read said Ordinance by title only. Seconded by Commissioner Masden, the motion carried
unanimously. Mr. Barker read the Ordinance into the record. Mr. Mueller stated some changes were
recommended by staff and the Board on second reading, which have been made to the Ordinance. He
stated these changes include removing all previously proposed references to the railroad freight depot and
railyard, and expanding the six-month limitation concrete and batch claims, which may now be extended
for up to two six-month periods, at the discretion of the Director of Planning Services, and thereafter by
the Board of County Commissioners. There was no public input. Commissioner Long moved to approve
Code Ordinance#2007-14 on final reading. Seconded by Commissioner Rademacher,the motion carried
unanimously.
FINAL READING OF ORDINANCE #2007-15, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Commissioner
Garcia moved to read said Ordinance by title only. Seconded by Commissioner Masden, the motion
carried unanimously. Mr. Barker read the Ordinance into the record. Mr. Mueller stated there are changes
regarding bringing the submittal and notification requirements in accordance with State oil and gas law
changes, and one item referring to recorded exemptions as land spreads rather than subdivisions. There
was no public input. Commissioner Masden moved to approve Code Ordinance#2007-15 on final reading.
Seconded by Commissioner Rademacher, the motion carried unanimously.
FINAL READING OF ORDINANCE #2007-16, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE:
Commissioner Rademacher moved to read said Ordinance by title only. Seconded by Commissioner
Masden, the motion carried unanimously. Mr. Barker read the Ordinance into the record. Mr. Mueller
stated in Chapter 26 the reference to a set of storm drainage criteria, which are no longer applicable, is
being removed. There was no public input. Commissioner Rademacher moved to approve Code
Ordinance #2007-16 on final reading. Seconded by Commissioner Masden, the motion carried
unanimously.
FINAL READING OF ORDINANCE #2007-17, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY
CODE: Commissioner Masden moved to read said Ordinance by title only. Seconded by Commissioner
Garcia,the motion carried unanimously. Mr. Barker read the Ordinance into the record. Mr. Mueller stated
the changes are regarding making submittal procedures consistent with State laws and County policies.
There was no public input. Commissioner Long moved to approve Code Ordinance #2007-17 on final
reading. Seconded by Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1614: Kim Ogle, Department of
Planning Services, stated an Annual Performance Bond was received for private improvements, and staff
has determined the amount is sufficient to complete all of the improvements. In response to Chair Jerke,
Mr. Ogle stated the improvements do not involve road intersections, the improvements are additional
fencing and adding gravel to an interior maintenance road. Commissioner Masden concurred the bond
is for fencing and landscaping. Commissioner Masden moved to approve said improvements agreement,
authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Rademacher, the
motion carried unanimously.
Minutes, February 4, 2008 2008-0411
Page 4 BC0016
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR CHANGE OF ZONE,
PZ#1078-CARMA(COLORADO), INC./CARMA BAYSHORE, LLC: David Bauer, Department of Public
Works, stated this is a request to release the Bond in the amount of$3,345,095.00, and accept a Bond
in the amount of$501,764.25. Mr. Bauer stated a majority of the grading has been completed; therefore,
the cancellation and release of collateral is recommended. In response to Commissioner Rademacher,
Mr. Bauer stated this Bond is not related to the part of County Road 28,which is yet to be constructed,and
another bond will be posted for that purpose at a later time. Further responding to Commissioner
Rademacher, Mr. Bauer stated he will investigate why a portion of road east of County Road 9.5 remains
closed. Commissioner Masden moved to approve said partial cancellation and release of collateral.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT #913 - CHIKUMA FAMILY, LLC:
Mr. Ogle stated a letter has been received from the owners of the property requesting vacation of Use by
Special Review Permit #913 for a recreational facility, since it is no longer a use on the property.
Commissioner Rademacher moved to vacate said Use by Special Review Permit #913. Seconded by
Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Weld County Code Ordinances #2008-14, #2008-15, #2008-16, and #2008-17 were 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 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 'rule " lr ;° •
liam H. Jerke, Chair
Weld County Clerk to the Board
f
Robe D. en,Vro-Tem
BY. a[Z
De y Cle o the Board
Willi F. Garcia
David E. Long
eiA
ougla Rademdstier
Minutes, February 4, 2008 2008-0411
Page 5 BC0016
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