HomeMy WebLinkAbout20081554.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 28, 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, May 28, 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 - EXCUSED
Commissioner Douglas Rademacher- EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 21, 2008, and the Emergency Meeting of May 22, 2008, as printed. Commissioner Garcia
seconded the motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on May 21, 2008, as follows: 1) Oral arguments for appeal of Planning Commission Denial
of USR#1629-A. Dale Slater Trust B/United Power, Inc.; 2)PF#1043-Sherry Lawley; 3)AmUSR#1193
- Gary Novotny; 4) 2ndAmUSR #1405 - Aurora Dairy Corporation; and 5) AmUSR #686 - Martin and
Johanna Bangma 1989 Trust/Wesley and Kelly Bangma. Commissioner Garcia seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA: Chair Jerke added New Item of Business #14) Consider Authorization in
Certain Circumstances to Waive Portion of Building Permit and Plan Check Fees for Tornado Emergency
Disaster Repairs and Reconstruction [2008-1555]
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: Commissioner Garcia commended all County staff, in
particular the Department of Public Works, for their assistance and rapid response during last week's
tornados. He stated the County staff worked well with the surrounding municipalities in coming to the aid
of the public. Commissioner Masden concurred, and stated the relief efforts were also aided by the Weld
2008-1554
C?17/64 5 BC0016
County Paramedic Service, the Departments of Public Health and Environment and Building Inspection,
other governmental agencies, as well as citizens working to help their neighbors. Chair Jerke stated it
good to see the aid provided; however, it was also encouraging to observe the "can do" attitude of the
citizens.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,392,097.49
Electronic Transfers -All Funds $3,699,049.24
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
BIDS:
APPROVE PAVEMENT TESTING BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated four
vendors submitted a bid,and the Department of Public Works recommends acceptance of the low bid from
Ground Engineering Consultants, in the amount of$33,724.00. He further stated, in addition to being the
low bidder,the Department of Public Works has worked with Ground Engineering in the past and has been
pleased with its performance. Dean Dreher, Department of Public Works, stated this bid consists of a
consultant conducting deflection testing to determine the structural integrity of County roads. He stated
Ground Engineering was awarded this bid last year, despite some concern due to the significant difference
in bid amounts; however, they did a very good job, displayed a sound work ethic, and were easy to work
with. In response to Commissioner Masden, Mr. Dreher stated the other vendors are located out-of-state,
which may have contributed to the cost difference, and the next local company is Terracon Engineering,
which also recommended the work of Ground Engineering. He further stated the decreased bid cost
allowed staff to increase the size of the testing program. Commissioner Garcia moved to approve said low
bid from Ground Engineering, in the amount of $33,724.00, based on staff's recommendation.
Commissioner Masden seconded the motion, which carried unanimously.
APPROVE MAILING SYSTEM BID - DEPARTMENT OF ADMINISTRATIVE SERVICES: Mr. Warden
requested this matter be continued to June 4, 2008, to allow additional time for the Print and Supply
Department to review the various machines to determine which ones are acceptable. Commissioner
Garcia moved to continue said bid to June 4, 2008. Seconded by Commissioner Masden, the motion
carried unanimously.
APPROVE COUNTY ROAD 2 IMPROVEMENTS FROM CR 39 TO CR 45 BID - DEPARTMENT OF
PUBLIC WORKS: Mr. Warden read the names of the eleven vendors which submitted a bid into the
record, and stated staff recommends acceptance of the low bid from Quality Paving Company, in the
amount of $1,440,856.65, which is less than the Engineer's Estimate of$1,925,000.00. In response to
Chair Jerke, Wayne Howard, Department of Public Works, stated eleven vendors submitted a bid for the
three-mile project on County Road 2, between Interstate 76 and County Road 45. Responding further to
Chair Jerke, he stated the project is one year ahead of schedule and is anticipated to be completed this
year. He further stated east of County Road 45 is a paved road to connect to the Interstate. In response
to Commissioner Masden, Mr. Howard stated Quality Paving Company will be notified of the bid award
today, and he estimated the project will commence during the third week of June. Commissioner Masden
moved to approve said low bid from Quality Paving Company, in the amount of$1,440,856.65, based on
staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, May 28, 2008 2008-1554
Page 2 BC0016
NEW BUSINESS:
CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT(VALE)BOARD CONTRACT FOR LONG
TERM CARE OMBUDSMAN/FRIENDLY VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt
Speckman, Department of Human Services, stated this is an on-going Grant for funds which provide elder
abuse prevention for those who are still living in their own homes. Chair Jerke commented this is a good
program which helps keep people in their homes rather than in elder care facilities. Commissioner Garcia
moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated these
modifications specify the new amounts for each program. In response to Chair Jerke, Mr. Speckman
stated these funds will be available for this federal fiscal year; however, some of the funds are also coming
forward from last year's budget. Commissioner Masden moved to approve said Expenditure Authorization
Modifications and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 16 BETWEEN CRS 55 AND 57: Mr. Howard stated County
Road 16, between County Roads 55 and 57, was closed on May 21, 2008, due to a collapsed culvert. He
stated the Department of Public Works has established a detour route consisting of approximately six
miles, and they will water the roads to provide dust suppression, if necessary. Commissioner Garcia
moved to approve said temporary closure. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 45 BETWEEN CRS 52 AND 54: Mr. Howard requested
approval of a temporary closure on County Road 45, between County Roads 52 and 54, from June 2,
through June 5, 2008. He stated the existing 18-inch culvert needs to be replaced with a 24-inch culvert,
and the two-mile detour route has been established. Commissioner Masden moved to approve said
temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 68 BETWEEN CRS 61.5 AND 67: Mr. Howard stated staff
is requesting a daytime-only closure for County Road 68, between County Roads 61.5 and 67, for a road
construction and RAP project. He reiterated the roadway will be open to the public in the evening, and the
work crew will apply water for dust abatement. In response to Chair Jerke, Mr. Howard stated this project
is in the general vicinity of the Wells Ranch, and the problems with the road are related to the high volume
of truck traffic associated with the oil and gas industry in the area. He stated the road has been stabilized
with magnesium-chloride; however, due to the high volume of trucks, the road is in very poor condition.
Responding further to ChairJerke, Mr. Howard explained RAP stands for Recycled Asphalt Pavement,and
the crews have purchased the necessary equipment and are collecting recycled asphalt. He stated once
the project is complete, it will look like a standard asphalt road; however, it is much less expensive. In
response to Commissioner Garcia, Mr. Howard explained the process does not require a lot of dirt work
or major repairs, and the product can handle the traffic load during the evening. Commissioner Masden
moved to approve said temporary closure. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PETITIONS FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 7(HUNTER'S RIDGE
ANNEXATION), COUNTY ROAD 7(HIGHLAND ESTATES ANNEXATIONS#1 -#5), COUNTY ROAD 7
(STATE LAND BOARD ANNEXATIONS#1 -#4),COUNTY ROAD 13, COUNTY ROAD 34,AND COUNTY
ROAD 36 (VALE VIEW ANNEXATION)AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD: Bruce
Barker suggested the Board also call up business items #7, #8, #9, #10, and #11 to be considered
concurrently with item #6, and Chair Jerke read said titles for the record. Mr. Barker stated the County
Minutes, May 28, 2008 2008-1554
Page 3 BC0016
received a request from the Town of Mead to petition for annexation of the various roadways, and he
introduced the legal descriptions into the record, as depicted on the associated maps. He stated Assistant
County Attorney, Stephanie Arries, sent out notices to all of the adjacent landowners, who access the
subject roadways, advising them of the intent to annex to correct road access issues. He stated each
petition includes an Annexation Agreement which contains language which requires an amendment to the
petition documents. He stated the second sentence in paragraph #2.k should be modified to remove the
phrase "but is not bounded on both sides by the Town of Mead" and replace it with the phrase, "in
accordance with the terms and conditions of the Annexation Agreement, dated May 28, 2008." He further
stated staff did receive some correspondence regarding the petitions, which are included in the files as
Exhibits. Responding to Chair Jerke, Mr. Barker stated any motion of the Board requires three favorable
votes in order to pass. Chair Jerke stated these properties are located in Commissioner Rademacher's
District, and he would prefer that Commissioner Rademacher be present before taking action. There was
no public testimony concerning this matter. Commissioner Masden moved to continue the six petitions to
June 4, 2008, at 9:00 a.m. Commissioner Garcia seconded the motion which carried unanimously.
CONSIDER EXPRESSION OF SUPPORT FOR NORTHERN INTEGRATED SUPPLY PROJECT AND
PROPOSED GLADE RESERVOIR: Mr. Barker stated the Environmental Impact Study (EIS) has been
received and there is some time in which to respond to the Army Corp of Engineers regarding its
determination as to whether or not a permit will be issued for the siting and construction of the Glade
Reservoir. He stated he drafted the Resolution based on documentation provided by the Northern
Colorado Water Conservancy District. No public testimony was offered concerning this matter.
Commissioner Masden stated water is one of the primary resources in Weld County, and the Northern
Integrated Supply Project (NISP) is a unique project, in that it will create approximately 40,000 acre feet
of new water for municipal and industrial use. He stated it will allow continued growth, increase the tax
base,and promote jobs,while also maintaining and supporting agricultural activities. He further stated this
project will help sustain and benefit Weld County and the entire region for many decades. Commissioner
Garcia stated the project is very similar to the Chatfield Reservoir Project, which benefits the southern
Denver area, and helps control the flow of the South Platte River. He stated the NISP will also benefit the
citizens of Larimer County because it will mitigate some of the high flows which pose a danger to kayakers,
rafters, and pedestrians along the Poudre River Trail. Chair Jerke concurred that it is a much needed
project which will provide domestic water for up to 200,000 people, without drying up one acre of
agricultural water. He stated this is a very creative and imaginative solution to providing domestic water,
versus the standard procedure of purchasing water and drying up the land. Based on those comments,
Chair Jerke proposed an amendment, to the second Whereas paragraph of the Resolution, to insert the
phrase "without drying up one acre of Weld County agricultural land." Mr. Barker agreed and stated the
subject of agricultural water is also addressed in the third Whereas paragraph of the Resolution.
Commissioner Masden moved approve the Resolution expressing support of the NISP Project, with the
proposed amendment. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
CARESTREAM HEALTH, INC.: Mr. Warden stated Carestream Health, Inc., submitted a request to
receive tax incentives for the $3.5 million capital investment to be made in 2009. He stated Carestream
purchased part of the Kodak operation, it is still located on that site, and the expansion is necessary to
keep the plant viable. Mr. Warden stated due to the uncertainty of the assessed valuation due to oil and
gas production and pricing, approval of this agreement may require a slight increase of the mill levy. In
response to Commissioner Masden, Mr.Warden stated Carestream provides approximately 800 jobs,and
approximately 1,200 with Kodak. Commissioner Masden stated this will help the companies remain
competitive in today's market of technology, and Chair Jerke added this is also allowed by State statute
to benefit companies that provide high-paying jobs and keep the region technologically competitive.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
Minutes, May 28, 2008 2008-1554
Page 4 BC0016
CONSIDER AUTHORIZATION TO WAIVE PORTION OF BUILDING PERMIT AND PLAN CHECK FEES
FOR TORNADO EMERGENCY DISASTER REPAIRS AND RECONSTRUCTION: Tom Honn, Director,
Department of Planning Services, stated it is still uncertain how many building and electrical permits may
result from the damage as a result of the tornados on May 22, 2008. He stated the agricultural facilities
will require electrical repairs, in addition to the need for repair or construction in damaged residential areas.
He stated the proposed Resolution will waive fifty percent (50%) of the building permit fee, as well as
waiving the entire plan check fee. He proposed the addition of a $21.00 minimum fee to cover the basic
cost of the County to provide an inspection. In response to Chair Jerke, Mr. Honn stated this will only
apply in those instances where insurance will not cover the permit fees, or where the owner is uninsured.
He stated it may be difficult to monitor,since many of the agricultural exempt buildings may not be insured.
He further stated the insurance companies typically provide a determination of costs for replacement
without distinguishing what is allotted to cover permit fees, therefore, it may be better to eliminate the
reference to insurance coverage. In response to Chair Jerke, Mr. Honn stated it is difficult to determine
how many properties are uninsured, and most farm and ranch policies cover associated buildings and
properties, but most insurance payments will not likely specify how much of the amount is allotted to a
specific structure. Commissioner Masden suggested removing the references to"in those instances where
insurance will not pay said fees, or where the owner is uninsured." Mr. Honn reiterated the addition of a
$21.00 minimum will help cover the basic cost. Commissioner Garcia moved to approve the Resolution,
with the modifications as previously discussed. Commissioner Masden seconded the motion. Mr. Barker
stated the words"In Certain Circumstances"also need to be removed from the title. There being no further
discussion, the motion carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4795 - DOROTHY PAXTON: Chris Gathman, Department of
Planning Services, stated the site is located east of County Road 41, south of County Road 76. He stated
the applicant intends to create a new lot for an existing manufactured home, which was permitted as a
principal dwelling under Mobile Home Zoning Permit #2504, from Lot B of Recorded Exemption (RE)
#4467. He stated this application is being submitted within five years of the approval for RE-4467, which
was recorded on December 5, 2006, therefore, it is not eligible to be divided until December 5, 2011.
Mr. Gathman explained the applicant is considering selling Lot B of RE-4467 to a potential buyer, who
wants to build a separate residence. Mr. Gathman reiterated that pursuant to the Weld County Code, this
parcel is not eligible for further Recorded Exemption until December 5, 2011, which is the sole reason for
the recommendation of denial. In response to Chair Jerke, Mr. Gathman stated Lot A of RE-4667 contains
the existing stick-built home where Ms. Paxton resides,with Lot B remaining as agricultural land containing
the existing modular home. Responding further to Chair Jerke, Mr. Gathman stated the applicant could
have applied for a Subdivision Exemption in 2006; however, she chose not to. He further stated the
property was not eligible for an extra lot through the Recorded Exemption process,since the original parcel
was slightly less than 80 acres. In response to Commissioner Masden, Mr. Gathman reiterated there is
a potential buyer for Lot B,and the applicant's son resides in the manufactured home which currently exists
on Lot B. Terry Wiedeman, Kreps Wiedeman Auctioneers and Real Estate, Inc., represented the applicant
and stated his firm also assisted the applicant, in 2006, during the application process for RE-4467, and
at that time the modular home was utilized as an Assisted Living residence by her son. Since that time,
Ms. Paxton has been renting out the farmland and now desires to sell the property. The application will
allow her to remain in her residence, with her son living next door to help with her medical care. He further
stated the modular will be located on one acre, the applicant has purchased an additional water tap, and
there is a separate septic system and access. In response to Commissioner Masden, Mr. Barker stated
the only provision in the Code which deals with medical hardship is the six-month mobile home permit,
which is reviewed annually. Mr. Gathman stated the modular has been re-permitted as a principal dwelling,
since it is no longer on the same parcel as the stick-built home. Chair Jerke stated he feels the benefit of
allowing this Recorded Exemption, in an effort to assist a family, far outweighs the alternative outcome,
because it creates an exit strategy in the event the family status changes. Commissioner Garcia moved
Minutes, May 28, 2008 2008-1554
Page 5 BC0016
to approve Recorded Exemption #4795. The motion was seconded by Commissioner Masden. In
response to Chair Jerke, Mr. Wiedeman stated he and the applicant have reviewed, and agree with, the
Conditions of Approval. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�/1
ATTEST: � ����" t4 �„
L-
m H. Jerke Chair
Weld County Clerk to the Board
i rs Robert D. MasdetyPro-Tem BY: eputy Cler the Board L/
William F. Garcia
EXCUSED
David E. Long
EXCUSED
Douglas Rademacher
Minutes, May 28, 2008 2008-1554
Page 6 BC0016
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