HomeMy WebLinkAbout20082204.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 13, 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, August 13, 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, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 11, 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 Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,078,670.60
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
2008-2204
BC0016
BIDS:
PRESENT REBUILD/REPAIR VARIOUS LOCATIONS AT THE MISSILE SITE PARK BID-DEPARTMENT
OF BUILDINGS AND GROUNDS: Mr. Warden read the names of the two vendors who submitted a bid
into the record. Said bid will be considered for approval on August 27, 2008. He indicated work provided
through the bid will be for the repair of tornado damage which occurred at the Missile Site Park, and a bulk
of the necessary funds will be provided through insurance. He stated Weld County sustained total
damages in the amount of approximately$204,000.00. In response to Commissioner Long, Mr. Warden
confirmed the apparent low bidder, Choice Builders, has done work for the County in the past. Further
responding to Commissioner Long, Toby Taylor, Department of Buildings and Grounds, indicated all the
of work completed will be for replacement only, and no additional expansion will be completed.
APPROVE MISSILE SITE PARK ROOF BID - DEPARTMENT OF BUILDINGS AND GROUNDS:
Mr.Warden stated staff recommends acceptance of the low bid from Bob Behrends Roofing, in the amount
of$19,765.00. In response to Commissioner Rademacher, Mr. Taylor confirmed the low bid is less than
half of the amount of the subsequent bid, and he confirmed both vendors would utilize the same
commercial roof membrane product; however, Bob Behrends Roofing was able to submit a lower bid.
Commissioner Garcia moved to approve said bid, based upon staff's recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER REVISION TO THE THREE YEAR PLAN FOR CORE SERVICES PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the
Families, Youth, and Children Commission recommends approval of the revision to the Plan, and she
confirmed the Plan was developed in accordance with State requirements. She stated the total budget
for the Core Services Program is $1,680,790.54, which will provide funds for home-based intervention,
sexual abuse treatment, day treatment, life skills, economic assistance, substance abuse treatment, and
mental health services for families and children who are a part of the Child Welfare Program.
Commissioner Long expressed his appreciation to the Commission for their efforts in studying the costs
and services of providers, to ensure children receive the proper services. Commissioner Long moved to
approve said revision to plan and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
SOUTHWEST WELD ALLIANCE FOR PRESERVATION, INC.: Bruce Barker, County Attorney, stated
the applicant is a non-profit corporation and is applying for a Special Events Permit, in order to sell
alcoholic beverages. He confirmed due to the location of the event at Anderson Farms,the applicant does
not need to obtain a Temporary Assembly Permit. He indicated Anderson Farms previously held a liquor
license; however, the business surrendered its liquor license in Fall, 2007, therefore, a Special Events
Permit is necessary to sell liquor on the site. He indicated the required notice has been posted, the
Sheriffs Office did not indicate any concerns, and he recommended approval.
Artie Elmquist, Event Chair, stated the event has been designed to bring awareness regarding plans to
create a regional growth plan within Southwest Weld County, including options for land preservation. He
stated the fund-raising event will take place at Anderson Farms on August 30, 2008, from 11:00 a.m., to
9:00 p.m., and will include live music, food vendors featuring food products produced within Southwest
Weld County, and many children's activities. He extended an invitation to the Board to attend the event,
and indicated if the event is successful, it will most likely become an annual event. He submitted
photographs for the record, depicting the posting of the notice sign, marked Exhibit A, and provided a
website address for information. He further stated candidates within upcoming elections are encouraged
to set up booths at the event, and he indicated a portion of time will be provided to recognize outgoing
elected officials. In response to Chair Jerke, Mr. Elmquist indicated it is expected that up to 2,000 people
Minutes, August 13, 2008 2008-2204
Page 2 BC0016
may attend the event. He explained the beer garden will be overseen by a representative who has
previous experience with the Sugarbeet Festival and the Boulder County Fair, therefore, the organization
is pleased to have such knowledgeable and competent help. Responding to Commissioner Garcia,
Mr. Elmquist indicated the attractions which are a part of Anderson Farms will be open during the event,
with the exception of the corn maze, which does not open until later in the autumn season. No public
testimony was provided regarding the matter. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO BOARD OF ADJUSTMENT: Commissioner
Gracia moved to reappoint William Hansen, with a term to expire July 31, 2011, and to appoint Erich
Ehrlich and Bill Hall, with terms to expire July 31, 2011, and July 31, 2010, respectively, to the Board of
Adjustment. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CONSENT TO THE AMENDMENT BY THE PLATTEVILLE-GILCREST FIRE PROTECTION
DISTRICT OF THE 2003 INTERNATIONAL FIRE CODE,WITHIN THE DISTRICT'S UNINCORPORATED
PORTIONS OF WELD COUNTY: Mr. Barker stated he spoke with a representative of the
Platteville-Gilcrest Fire Protection District (FPD) regarding an amendment concerning the type of fire
hydrants required. He clarified the FPD is not adopting a new code, and he recommended the Board
consent to the amendment. Responding to Chair Jerke, Mr. Barker confirmed the FPD will no longer be
required to provide diversity in regards to the color of fire hydrants, and all hydrants may not be the same
color. Commissioner Rademacher moved to approve said consent to amendment. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER SECOND READING OF WELD COUNTY CODE ORDINANCE #2008-9, IN THE MATTER
OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE
WELD COUNTY CODE: Commissioner Garcia moved to read Ordinance#2008-9 by title only. Seconded
by Commissioner Long, the motion carried unanimously. Mr. Barker read said title into the record and
stated Board discussed proposed changes during a work session, and he provided an e-mail which
described the proposed changes, marked Exhibit A. He indicated the proposed changes include modifying
the text to indicate the average lot size shall be equal to, or greater than, three (3) acres. He further
indicated a small clerical correction was made regarding the language for eventually paving the internal
roads and driveways. In response to Chair Jerke, Mr. Barker confirmed a rural residential subdivision with
unique characteristics could be reviewed by the County Engineer in order to consider additional
requirements necessary to properly provide drainage, if necessary. Chair Jerke indicated an applicant
should have a good understanding of what will be required during a pre-application meeting.
Commissioner Long indicated although he was not present at the most recent work session, he is
comfortable with the proposed language. No public testimony was provided concerning the matter.
Commissioner Rademacher expressed his appreciation to staff for their work on these modifications, as
they appear to be common sense modifications. Commissioner Rademacher moved to approve
Ordinance#2008-9 on second reading. The motion was seconded by Commissioner Garcia. Chair Jerke
expressed his appreciation to staff for making sure landowners will be able to handle floodwaters, and he
indicated the process has been difficult; however, the County is making vast improvements. There being
no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#397-
ZEEK PARTNERSHIP, LLLP: Jacqueline Hatch, Department of Planning Services, stated the applicant
submitted an e-mail, dated July 10, 2008, requesting the full release of collateral. She indicated staff from
the Departments of Public Works and Planning Services have conducted visits to the site, and have
determined that the site is not in compliance with the recorded plat. She indicated Site Plan Review#397
Minutes, August 13, 2008 2008-2204
Page 3 BC0016
was administratively approved in May,2006,and the collateral was accepted by the Board in August, 2006,
in the amount of$184,808.00. She indicated staff has determined that nine improvements have not been
completed at the site, therefore, staff recommends that fifteen percent of the overall collateral amount be
retained until the improvements are completed, as outlined in the e-mail dated July 21, 2008, from Don
Dunker, Department of Public Works. She indicated fifteen percent of the collateral amounts to
$29,522.63, and staff recommends prior to the release of collateral that the applicant submit a new form
of collateral and a new Improvements Agreement. In response to Chair Jerke, Mr. Dunker clarified the
amount of$29,522.63 will cover the drainage improvements should they not be completed sufficiently. He
indicated his concerns include the lack of compaction for the berm located on Lot 7, and clarified trash has
been compacted within the berm. He indicated the site contains a lack of vegetation, and he provided
photographs of the site for the record, marked Exhibit A. He indicated he completed a site inspection on
August 12, 2008,the fifteen percent amount of retained collateral will be sufficient to complete the required
improvements,should the improvements not be completed by the applicant to the necessary specifications.
He indicated once the improvements are deemed complete, the collateral will be held for a period of one
year, as a warranty. Further responding to Chair Jerke, Mr. Dunker indicated the site lacks vegetation,and
there is evidence that grass seeding was attempted; however,the site is not irrigated. He stated the riprap
at the spillways is not correctly placed, since it must be installed below grade, and the photographs provide
evidence of the headcut of the runoff. In response to Chair Jerke, Mr. Dunker confirmed the site does
contain concrete, the swales on the site are appropriately completed, and the concrete appears to be in
good shape; however, he is not sure when the concrete work was completed. He further stated County
Road 32 has been annexed by the Town of Mead, and if the drainage on the site is not properly contained,
the drainage will flow towards County Road 32. Ms. Hatch indicated the site is missing several landscaping
items, and the applicant has indicated he is willing to complete the required landscaping improvements.
She indicated the tree line along County Road 32 will be moved, and the modifications will be made to the
plat; however, since the work has not yet been completed, staff is requesting that fifteen percent of the
overall collateral amount be retained to ensure the improvements are completed. She further indicated
traffic has been cutting through the lot to an oil and gas facility located on Lot 5; however, the oil and gas
company agreed to only access the site from County Road 32. She clarified the applicant is willing to place
a fence, with a locking gate, so that traffic cannot cut through. Responding to Chair Jerke, Mr. Barker
indicated the Resolution will need to be re-worded, and indicated the amount to be retained shall be held
for the completion of the items listed within the memorandum provided by staff, and the subsequent
one-year warranty period. He clarified the cancellation shall not occur until, and unless replacement
collateral, in the amount of $29,522.63, is submitted by the applicant. Chair Jerke indicated he is not
comfortable with the proposed language because the remaining improvements to be completed and the
one-year warranty period are two separate issues. Ms. Hatch indicated she did not mean to propose that
the reduced collateral amount would be held for a warranty period, rather, that it will be held for the
completion of the outstanding improvements. Chair Jerke indicated if the applicant does not complete the
remaining improvements, and problems arise with the cement on the site, the amount of$29,552.63 will
not be adequate to complete the remaining work and correct the concrete deficiencies. Commissioner
Long indicated staff needs to discuss the necessary changes to be made to the Resolution, and he
suggested the matter be continued to the next board meeting. Mr. Barker indicated he will provide the
necessary changes to the Resolution, indicating the amount of$29,522.63 shall be held by the Board for
the remaining improvements to be completed at the site, plus the additional retention of fifteen percent as
a one-year warranty. He indicated once the remaining nine items are completed, the applicant may
request release of collateral in the amount of$29,522.63. Commissioner Garcia moved to continue the
matter to August 18,2008,at 9:00 a.m. The motion was seconded by Commissioner Long. Commissioner
Rademacher indicated the applicant is present, and he believes it would be appropriate to hear from the
applicant regarding the matter.
Ted Drysdale,Zeek Partnership,stated he desires to complete the outstanding nine items at the site,some
of which he was unaware of, so that the Board will only retain the fifteen percent warranty amount for a
Minutes, August 13, 2008 2008-2204
Page 4 BC0016
period of one year. Responding to Chair Jerke, Mr. Drysdale indicated he could have all of the
improvements completed within the next two weeks. Responding to Commissioner Rademacher,
Mr. Drysdale concurred with a continuance of the matter for a period of three weeks. Commissioner
Garcia amended his previous motion to continue the matter to September 3, 2008, at 9:00 a.m., and
Commissioner Long indicated he concurred with the modification. There being no further discussion, the
motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#409-
ZEEK PARTNERSHIP, LLLP, C/O TED DRYSDALE: Ms. Hatch stated applicant has submitted a request
for the full release of collateral, in the amount of$163,555.24. She indicated Site Plan Review#409 was
administratively approved in February, 2007, and the collateral was approved by the Board in June, 2007.
She further indicated staff is recommending that the applicant provide a new Improvements Agreement,
and replacement collateral, in the amount of $24,533.29. Mr. Dunker stated the amount of $24,533.29
shall be held for a period of one year, as a warranty, and he submitted photographs of the site, marked
Exhibit A, indicating a situation which needs to be corrected within the pond on the site. In response to
Chair Jerke, Mr. Dunker confirmed all improvements have been completed at the site, and the necessary
corrections to the pond may be addressed through the warranty collateral. He clarified a flared in-section
at the entrance of the pond exists, and is starting to fall into the pond, due to erosion. In response to
Mr. Barker, Ms. Hatch confirmed there are no outstanding improvements to be completed on the site.
Mr. Barker clarified that the existing Improvements Agreement has the proper provisions for retaining the
fifteen percent warranty collateral, therefore, a new agreement is not necessary. He recommended a
modification to the Resolution, indicating the collateral will be cancelled and released at such time as
replacement collateral, in the amount of$24,533.29, is received by the Clerk to the Board, to be held as
a one-year warranty period. The Board concurred with the modification. Chair Jerke indicated the
memorandum submitted by staff indicates a new Improvements Agreement is required, and Mr. Barker
confirmed no modification is necessary to the memorandum.
Mr. Drysdale explained he has tried to address the underwash area of the pond; however, the pond
catches all of the landscape overrun, therefore, the area remains wet almost constantly. He indicated the
necessary improvements will have to be delayed until the winter season when the ground is able to dry out
a bit more. Commissioner Rademacher moved to approve said cancellation and release of collateral, as
modified by Mr. Barker, referenced within Exhibit B. Seconded by Commissioner Garcia, the motion
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-9 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, August 13, 2008 2008-2204
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: ��, �' � x �—G
;51 -.-\-, William H. Jerke, Chair
Weld County Clerk to the r .4' ,,:,
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`' Robert D.. Masden, Pro-Tern
BY: L".JJ
Deputy Clerk t e oard
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David E. Long 7
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Minutes, August 13, 2008 2008-2204
Page 6 BC0016
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