HomeMy WebLinkAbout20083290.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 15, 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 15, 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 - EXCUSED
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 December 10, 2008, 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 9, 2008: 1)Violation Hearings, and hearings conducted on December 10, 2008:
1) USR #1676 - Vestas Blades America, Inc. / Regional Transportation District / City of Brighton.
Commissioner Rademacher 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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BIDS:
APPROVE BRIDGE 13/54A REPLACEMENT (W/ CDOT) BID - DEPARTMENT OF PUBLIC WORKS:
Don Warden, Director of Finance and Administration, stated the bid was presented for consideration on
November 26, 2008, and he read the names of the twelve vendors who submitted a bid for the project into
the record. Mr. Warden stated the low bid is from Flatiron Constructors, Inc., and the company has done
work for the County in the past. In response to Chair Jerke, Wayne Howard, Department of Public Works,
stated the bridge will be built with four lanes and shoulders to accommodate anticipated traffic. In
response to Mr. Warden, Mr. Howard stated a federal grant is providing the funding for the project.
Mr. Warden stated the Colorado Department of Transportation will also contribute to this project.
Mr. Howard stated there is an intergovernmental agreement between Weld and Larimer Counties since
the bridge will be on a County Line;therefore,each County will provide ten percent of the cost. Chair Jerke
stated it is wonderful to see the Federal, State, and County governments collaborating on the project.
Commissioner Long moved to approve the low bid, in the amount of $1,339,041.00, from Flatiron
Constructors, Inc., based on staff's recommendation. Seconded by Commissioner Rademacher, the
motion carried unanimously.
PRESENT AND APPROVE TAX NOTICES AND ENVELOPES BID - TREASURER'S OFFICE:
Mr. Warden stated this bid is for next year's tax notices, and he read the names of four vendors who
submitted a bid into the record. He stated the low bid is from Myriad Systems, Inc., and the Treasurer's
Office would like to use this vendor. He further stated staff is requesting the bid be approved the same
day it is presented due to the limited time frame. Commissioner Rademacher stated he is only able to view
one bid. Mr. Warden read the bid amounts into the record. In response to Chair Jerke, Renee Fielder,
Treasurer's Office, stated the County has not used Myriad Systems, Inc., in the past; however, they have
good references and are well known in the tax industry. Ms. Fielder stated she is confident Myriad
Systems, Inc., will successfully carry out the request. Commissioner Rademacher moved to approve the
low bid, in the amount of $17,005.00, from Myriad Systems, Inc., based on staffs recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE THE CHAIR TO SIGN - SIPRES LOUNGE, INC., DBA SIPRES LOUNGE: Bruce Barker,
County Attorney, stated this item and the next two items are to review dance licenses, which are renewed
annually. Mr. Barker stated he has not heard of any concerns with any of the three establishments.
Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE THE CHAIR TO SIGN - J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Based on
previous discussion, Commissioner Long moved to approve said application and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE THE CHAIR TO SIGN - EATON COUNTRY CLUB: Based on previous discussion,
Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-TOW N
OF HUDSON: Mr. Barker stated this item and the next item are the last two law enforcement service
agreements the Board needs to consider for 2009. He stated Alan Caldwell, Sheriff's Office, mentioned
that this agreement and the following one would soon be coming before the Board for consideration when
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he presented two law enforcement service agreements last week. He further stated there are minor
modifications to the agreements regarding billing. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-TOWN
OF SEVERANCE: Based on previous discussion, Commissioner Garcia moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR JUVENILE ACCOUNTABILITY BLOCK GRANT AND
AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Sheriff's Office, stated this is the Statement of Grant
Award (SOGA) for the Juvenile Accountability Block Grant, in the amount of $16,942.00. Mr. Poncelow
stated $15,248.00 of the amount is provided by federal funds, and $1,694.00 is provided as a cash match
from North Range Behavioral Health. He stated the money will be divided between the Probation
Department and North Range Behavioral Health, and the application was presented to, and approved by,
the Board and approved in September. In response to Chair Jerke, Mr. Poncelow clarified North Range
Behavioral Health is not giving $1,694.00 to the County, North Range Behavioral Health is using the
money. Commissioner Long moved to approve said statement of grant award and authorize the Chair to
sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT FOR COUNTY ROADS 18 AND 25 AND AUTHORIZE CHAIR TO SIGN-SW CHAMBERS,
LLC: Rich Hastings, Department of Public Works, stated Stephanie Arries, Assistant County Attorney,
drafted the amendment. Mr. Hastings stated the amendment is to change the way the proportional shares
are paid, and in the future payments will be made quarterly, rather than yearly. He stated the request was
made by SW Chambers, LLC, to make quarterly payments due to economic stress, and the first payment
will be made at the end of this month. In response to Commissioner Rademacher, Mr. Hastings stated the
amended agreement will be for a term of one calendar year. Responding to Commissioner Rademacher,
Chair Jerke stated he discussed the matter with an owner of one of the properties who made the request
to make quarterly payments, and the owner expressed they wish to make the payments from gravel sale
proceeds, rather than seeking funds from investors. Commissioner Rademacher moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT FOR COUNTY ROADS 18 AND 25 AND AUTHORIZE CHAIR TO SIGN-ZADEL FAMILY,
LLLP: Mr. Hastings stated this is the same situation as the previous item, and the Zadel Family, LLLP,
wishes to make quarterly payments. Commissioner Rademacher stated he noticed in the agreements
there is a six percent interest rate applicable if the quarterly payment is not made, and it makes him feel
more comfortable about honoring the requests to make quarterly payments. Commissioner Long moved
to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER REORGANIZATION OF FINANCE AND ADMINISTRATION AND PUBLIC WORKS
DEPARTMENTS REGARDING TRANSPORTATION UNIT: Mr. Warden stated the Departments of
Finance and Administration and Public Works have been researching the best organization and operation
of the Transportation Unit,which primarily services the Department of Human Service's clients. He stated
staff looked into combining the Transportation Unit with the City of Greeley's Transportation Unit; however,
it has been determined it is not in the best economic interest of Weld County to do so. He stated by not
consolidating with the City of Greeley, Weld County is able to operate at approximately$150,000.00, per
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year, less than if Weld County was to combine its Transportation Unit with the City of Greeley. Mr.Warden
stated staff has decided to place the Transportation Unit under the Department of Public Works, which is
the way most counties have it organized. He stated the Transportation Unit has downsized from 42 to 13
vehicles, and from nearly 30 drivers to seven. In response to Commissioner Rademacher, Mr. Warden
stated the vehicles for the Transportation Unit will be stored in the new Department of Buildings and
Ground's facility, and a row of block heaters will be installed. In response to Chair Jerke, Mr. Warden
stated Toby Taylor, Department of Buildings and Grounds,will be in charge of the Transportation Unit, and
he will be supervised by Pat Persichino, Director of the Department of Public Works. Commissioner Garcia
moved to approve said reorganization. Seconded by Commissioner Long,the motion carried unanimously.
CONSIDER IRS EMPLOYER "PICK UP" PROVISION FOR CONTRIBUTIONS TO WELD COUNTY
RETIREMENT PLAN: Mr. Warden stated in 2006 legislation occurred which modified public and private
pension plans, and by January 1, 2009, the public pension plans must be restated and submitted to the
Internal Revenue Service (IRS). He stated last Tuesday the Board of Retirement approved the
restatement of the retirement plan; however, the IRS requires the formal adoption of a "pick up" provision
by the Board. He clarified a"pick-up" provision allows contributions to be made to retirement funds before
taxes are taken, and the County has been doing this since 1983. Commissioner Rademacher moved to
approve said provision. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR PARTIALLY SELF-FUNDED PROGRAM AND AUTHORIZE THE CHAIR
TO SIGN - COLORADO COUNTIES CASUALTY AND PROPERTY POOL: Mr. Warden stated this
agreement is for the County to continue its membership in the Colorado Counties Casualty and Property
Pool (CAPP), and the agreement is presented to the Board on an annual basis. He stated the County will
select the self-insured option with a $125,000.00 deductible, which has worked well previously.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE THE CHAIR TO
SIGN - ANNA JAMISON REVOCABLE TRUST, C/O NICHOLAS JAMISON, AND THE THOMAS AND
THEO BERRY DECLARATION OF TRUST: Mr. Barker stated this is an agreement to purchase a property
from the Anna Jamison Revocable Trust, and Ms. Arries drafted the agreement. He stated there will also
be a month to month lease with the current occupant, which will be presented to the Board in the near
future. He stated Ms. Arries has worked through various issues, including the ownership of internal
improvements to the building, which the owners will be taking with them. Mr. Warden stated the lease will
be for three years, and not on a month to month basis. In response to Chair Jerke, Mr. Warden stated a
trophy shop is leasing the space, and the County does not anticipate using the space in the next three
years. He stated the lease will be presented to the Board next week, and it will be for $1,400.00, per
month, which is the amount the tenant presently pays. Responding to Chair Jerke, Mr. Warden stated the
tenant will pay their own utilities and the property taxes. Mr. Warden stated the tenant pays the property
taxes due to proprietary interests and a State Statute, which states property taxes must be paid when a
building is for use in the private sector, even though it will be government owned. In response to Chair
Jerke, Mr. Warden stated when the building is no longer used for the trophy store and it is used for
government uses only, there will no longer be a property tax. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-17, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 5 APPENDICES, OF THE WELD COUNTY
CODE: Commissioner Long moved to read Ordinance#2008-17 by title only. Seconded by Commissioner
Rademacher,the motion carried unanimously. Mr. Barker read the Ordinance into the record. Mr. Warden
reviewed the budget changes and the fee schedule changes to be reflected in the final reading; however,
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there were no changes for final reading. Barb Rugg, Resource Conservation Partners, stated she is here
is speak about Appendix 5J, which concerns Land Use Fees. Ms. Rugg encouraged the Board to pass
the Ordinance as it is today; however, she would like the fees to reexamined in the future. She apologized
for not voicing her concerns prior to the final reading of the Ordinance. She stated the fee is loaded heavy
at the front end of the process, for example, if a person was applying for a change of zone has 100 acres
and 1,000 lots, the front end fee will be approximately $50,000.00. Ms. Rugg stated the understands the
philosophy of having development pay its own way; however,a fee arrangement should be considered that
takes staff time into consideration. She suggested an applicant could pay a deposit to the Department of
Planning Services, staff can monitor how much time is spent working on each matter, and the applicants
can be charged according to how much staff time was dedicated to their case. She stated the current fee
structure will discourage "big picture" planning and it is blind to the type of building to be performed on a
lot,for example, since the fee charges per buildable lot,a person could build a million-square-foot industrial
or commercial development on a twenty acre parcel, which would take a lot of staff time, opposed to an
applicant building one house on a 5,000-square-foot lot. Dale Bruns, representative of Chris Adrian, Weld
County property owner, concurred with Ms. Rugg. Mr. Bruns stated Mr. Adrian submitted an application
with Weld County for Adrian Heights, and the City of Longmont has put the project on hold indefinitely.
He stated Mr. Adrian has invested over $200,000.00, and he wishes to pursue a change of zone within
Weld County; however, Mr. Adrian will owe an initial sketch plan fee of $5,000.00, another fee of
$81,900.00 for the number of buildable lots, and then $159,900.00 when the final plan is submitted, which
is a significant barrier to progressing through the process, without much assurance that the process will
reach completion. Mr. Bruns stated Mr. Adrian would be happy to reimburse the County expenses and
pay a reasonable submittal fee. In response to Chair Jerke, Mr. Bruns stated it would be preferable to
have a monthly time and materials fee, and this is the way may other jurisdictions figure their costs,
including Boulder County and the Town of Firestone. Mr. Bruns stated it is a more equitable method for
handling and encouraging smaller projects. He stated the County may see a lot of small applications to
avoid larger submittal fees. Chair Jerke stated it makes sense to break large projects into smaller pieces,
based on the economy. Mr. Bruns stated it does make sense; however, he is concerned the County will
not be able to see an entire plan in advance. In response to Commissioner Rademacher, Mr. Barker
suggested passing the Ordinance as it is and reexamining the fees at a later time. Chair Jerke concurred
with Mr. Barker. Commissioner Rademacher moved to approve Ordinance #2008-17 on final reading.
Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST CONCERNING REVIEW OF DEVELOPMENT STANDARD#28 FOR USR#1665-
HIGH PLAINS DISPOSAL, INC.: Chris Gathman, Department of Planning Services, stated this is a
request to reconsider Development Standard #28. Mr. Gathman stated on October 29, 2008, the Board
approved Use by Special Review Permit#1665, and it is located south of and adjacent to County Road 54
and approximately one half mile west of County Road 49, between County Roads 49 and 47. He stated
at the time this was approved, there was a proposed Development Standard regarding exceeding 60 truck
trips per day, which stated, "The owner shall provide evidence of an approved access permit from the
Colorado Department of Transportation(CDOT);"however,the Board removed the Development Standard
because trucks will be coming from different directions and the Development Standard would only address
trucks traveling off of County Road 34, which is one mile to the north of the site. He further stated at that
time staff questioned if the Board wished to add a separate Development Standard regarding the specific
number of truck trips, and the Board determined it was not necessary because a Development Standard
to construct an acceleration and deceleration lane had been added. Mr. Gathman stated Brett Peyton,
legal representative of George Maxey, submitted a letter which requested the Board reconsider adding the
original Development Standard or that another Development Standard be added which addresses the
number of truck trips. He stated he submitted proposed language for both options for the Board to
consider,and if the Board deems the Development Standard to be necessary, he recommends the second
choice be used, which states, "The Facility shall be limited to 30 (road trip) truck trips per day". In
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response to Chair Jerke, Mr. Barker stated the option Mr. Gathman recommended would be his
recommendation also. Mr. Payton stated Mr. Gathman accurately expressed his clients concern and he
reiterated his client is concerned about there not being any regulations concerning the number of truck
trips,and there was a Development Standard addressing this matter initially; however, it was removed from
the Resolution when the Board determined it was unnecessary. In response to Chair Jerke, Mr. Payton
clarified Mr. Maxey is neighbor to High Plains Disposal, Inc., and he is a farmer. Brad Curtis,
representative of High Plains Disposal, Inc., stated a limit of 30 round trips, per day, was discussed due
to the proximity of the facility to Highway 34 and concerns regarding road access. Mr. Curtis stated staff
considered listing the limit of 30 round trips since if there are more than 30 round trips, the company will
have to submit a new traffic study count to CDOT for an access permit. He stated 30 round trips do not
warrant an acceleration and deceleration lane; however, the lane was added since the Board wanted to
ensure traffic will not be adversely impacted. In response to Commissioner Rademacher, Mr. Barker
stated the proposed Development Standard with a limit of 60 trips is not a cap; however, if exceeded the
company will need to submit a revised traffic count to CDOT. Mr. Barker stated the proposed Development
Standard with a limit of 30 round trips is a cap. In response to Chair Jerke, Mr. Gathman stated he did not
see any other USR permits with this specific limitation. Chair Jerke stated equal and fair treatment is a
concern of his. Commissioners Rademacher and Garcia concurred with Chair Jerke. Mr. Gathman stated
the application specifies approximately 30 road trips per day are anticipated; therefore, the matter could
be reconsidered if the amount is exceeded, even without the additional Development Standard. Don
Dunker, Department of Public Works, reiterated that both of the proposed Development Standards specify
the same number of trips; however, one listed it as 60 trips per day and the other listed it as 30 round trips
per day. In response to Chair Jerke, Weld County Roads 54, 47, and 49 are all paved roads.
Commissioner Rademacher moved to deny the addition of Development Standard #28 for USR#1665,
in both of its proposed forms. Seconded by Commissioner Garcia, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2008-17 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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
/ S` WELD COUNTY, COLORADO
40,
ATTEST: 41 2 �1+ ,(! av, �` I
42, William H. Jerke, Chair
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Weld County Clerk to the Boa : '�'�
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7�QJk1 - Robert D. Masden, Pro-Tern
BY: ��� Lud1 ).era /i�P�
Dept Cler the Board. L
WF. Garcia
David E. Long
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Minutes, December 15, 2008 2008-3290
Page 6 BC0016
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