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Home My WebLink About20081513.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 19, 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 19, 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 Masden moved to approve the minutes of the Board of County Commissioners meeting of May 14, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Long moved to read Code Ordinance #2008-5 by tape. Commissioner Masden seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on May 13, 2008: 1) Violation Hearings; and on May 14, 2008: 1) PF #1129 - The Home Ranch, LLC,do Christopher Serbousek,2)USR#1394-Zadel Family, LLLP,c/o Northern Colorado Constructors, Inc., 3) AmPZ #516 - George Bollinger, and 4) 2ndAmPF #496 - George Bollinger. Commissioner Garcia 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 Masden seconded the motion, and it carried unanimously. PROCLAMATIONS: EMERGENCY MEDICAL SERVICES WEEK- MAY 18-24, 2008: Chair Jerke read the certificate into the record, proclaiming the week of May 18-24, 2008, as Emergency Medical Services Week. Dave Bressler, Paramedic Services, was present to accept the proclamation and thanked the Board for the recognition. 2008-1513 BC0016 ©h - /8 -&8 Commissioner Masden stated the average response time for the Weld County Paramedic Service is less than 15 minutes, which is less time than many smaller and less spread out fire districts. COMMISSIONER COORDINATOR REPORTS: Commissioner Masden stated Weld County is receiving $1 million dollars in Energy and Mineral Impact Assistance Grant funds. Mr. Warden noted the contract to approve the funds is listed as an item of business on today's Agenda. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $824,709.52 Electronic Transfers -All Funds $1,871.20 Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner Garcia seconded the motion, which carried unanimously. OLD BUSINESS: CONSIDER LIMITED AMENDMENT FOR TASK ORDER #1 FOR TOBACCO EDUCATION AND PREVENTION PARTNERSHIP PROGRAM AND AUTHORIZE CHAIR TO SIGN(CON'T FROM 05/14/08): Gaye Morrison, Department of Public Health and Environment, stated the amount of the grant is $235,217.81, and the term of the task order is July 1, 2008, through June 30, 2009. Ms. Morrison stated this is funding from the State Tobacco Education and Prevention Program Grant, and it will allow the Department to continue tobacco education and prevention activities. She stated the goal of the grant is to provide a comprehensive, evidence-based tobacco program for all Weld County citizens that encourages tobacco-free lifestyles, provides tobacco cessation resources, and reaches special tobacco use populations. She further stated the grant's intent is to increase the number of cessation attempts, reduce exposure to second-hand smoke, and decrease youth and young adult initiation of tobacco use. Ms. Morrison stated the annual health care costs in Weld County for tobacco-related illnesses is $65.5 million dollars. She stated smoking rates have decreased over the last five years in Weld County and throughout the State. In response to Commissioner Masden, Ms. Morrison stated illnesses related to tobacco use are documented through the medical system, and the figures she shared are from 2006. In response to Chair Jerke, Ms. Morrison stated the number of staff working on the project will remain the same and the funding is very similar to what was received last year. Commissioner Long moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. NEW BUSINESS: CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MEALS AND SERVICES AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT RE-3J: Walt Speckman, Director of Human Services, stated the agreement is with Weld County School District RE-3J and provides food, snow removal, and building maintenance services. Mr. Speckman stated there are no changes to this agreement from last year. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER AGREEMENT FOR PROVISION OF SERVICES AND AUTHORIZE CHAIR TO SIGN-WELD COUNTY SCHOOL DISTRICT RE-3J: Mr. Speckman stated this agreement will provide services for special needs children. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, May 19, 2008 2008-1513 Page 2 BC0016 CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT AND SEASONAL HEAD START ONE-TIME SUPPLEMENTAL TRAINING AND TECHNICAL ASSISTANCE GRANT AND AUTHORIZE THE CHAIR TO SIGN: Mr. Speckman stated this grant provides funding to educate Department staff with Job Development degrees. Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR REGIONAL HEAD START ONE-TIME SUPPLEMENTAL BASIC TRAINING AND TECHNICAL ASSISTANCE GRANT AND AUTHORIZE THE CHAIR TO SIGN: Mr. Speckman stated this grant is exactly the same as the previous item; however, it is for the Regional Head Start Program, rather than the Migrant and Seasonal Head Start Program. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 51 BETWEEN CRS 76 AND 80: Leon Sievers, Department of Public Works, stated the purpose of the closure is for a culvert replacement. He stated road signs, message boards, and barricades will be used, and magnesium-chloride will be used for dust abatement on the detour route. Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 42 BETWEEN CR 13 AND NORTHMOORE DRIVE: Mr. Sievers stated this was an emergency road closure due to a collapsed culvert,and there is a three-mile detour route, which is entirely paved. He further stated the road was closed on May 12, 2008, and it will remain closed until the replacement culvert has been constructed and the road repair is complete. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 7 BETWEEN CRS 26 AND 28: David Bauer, Department of Public Works, stated this closure is for a main sewer line, and will commence May 21, 2008, through June 21, 2008. In response to Commissioner Rademacher, Mr. Bauer stated the Town of Mead annexed County Road 7 up to where the highschool is located; however, Weld County still owns and maintains the road for approximately one-half of a mile south of the highschool. Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 2 AND AUTHORIZE CHAIR TO SIGN - LUECKE FAMILY TRUST: Mr. Sievers stated this is the ninth of twelve parcels the County is acquiring for the County Road 2 Joint Venture Project, and the property is located on the north side of County Road 2, east of County Road 39. He stated the County is acquiring two separate temporary construction easements, totaling 5,006 square feet, for $300.00. In response to Commissioner Masden, Mr. Sievers stated construction is scheduled to commence in approximately 30 days, and the contract is for 120 days. Commissioner Rademacher moved to approve said temporary construction easement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - UNION COLONY CHARTER SCHOOL BUILDING CORPORATION: Christopher Woodruff, Assessor, stated the property was transferred to Union Colony in 2007. He stated the Assessor's Office was informed the property was no longer associated with School District 6, and the petitioner was instructed to apply for exemption as an educational institution, under a separate set of statutes. He stated the Chief Financial Officer for School District 6 submitted additional information in response to the tax notice,which indicated the property is part Minutes, May 19, 2008 2008-1513 Page 3 BC0016 of School District 6. Commissioner Long moved to approve said refund, in the amount of $13,003.30, based on staff's recommendation. Seconded by Commissioner Masden,the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RAY EDMISTON: Mr. Woodruff stated the property was assessed based on new construction on the site, for Aerial Sprayers, Inc., in the Town of Platteville. He stated a portion of the value resulted from some residential and commercial use, with the bulk of the property remaining in agricultural production. He stated upon further review, the value placed on the commercial portion was too high and staff recommends a reduction in the value for 2007, resulting in a tax refund in the amount of$4,623.84. Commissioner Rademacher moved to approve said refund, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GREELEY REGENCY HOTEL, INC.: Mr. Woodruff stated the value was reduced from $3 million to $2,664,000.00 during the 2007 and 2008 assessment cycle. He stated, as a result, the tax agents filed for an abatement for the years 2005 and 2006, requesting a valuation of$2 million; however, they provided no supporting documentation, and staff recommends denial. Chair Jerke verified the petitioner's representative was not present. Commissioner Masden moved to deny said petition, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE GRANT PROGRAM CONTRACT FOR ADDITIONAL HUMAN SERVICES BUILDING AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the grant application was previously approved for$1 million, for construction of the new Human Services Building. Commissioner Masden moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. FINAL READING OF ORDINANCE #2008-3, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY CODE: Commissioner Garcia moved to read Ordinance #2008-3 by title only. Seconded by Commissioner Masden, the motion carried unanimously. Bruce Barker, County Attorney, read the Ordinance into the record and stated the Code is being amended to add parking restrictions for large vehicles in rural subdivisions. He stated additional amendments include increased penalties for certain types of fences, exceeding the speed limit, following too closely, failure to obey traffic control devices, failure to give adequate signal, failure to yield right-of-way, and unsafe lane change. He stated the fees are also being revised for consistency with recent changes in State law. He clarified no changes are recommended since second reading. In response to Chair Jerke, Mr. Barker stated at the work session the Board indicated a preference for the word"or"regarding the criteria for determining oversized vehicle specifications. Chair Jerke and Commissioners Rademacher and Masden expressed concern with the sizes being too restrictive. Mr. Barker stated he recommends using the word "and"; however, he recalls the specific response from the Board indicating the preference for the word"or." Following discussion, Commissioner Masden moved to continue the Final Reading of Ordinance #2008-3 to June 2, 2008. Seconded by Commissioner Rademacher, the motion carried unanimously. FINAL READING OF ORDINANCE #2008-4, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE : Commissioner Rademacher moved to read Ordinance#2008-4 by title only. Seconded by Commissioner Masden, the motion carried unanimously. Mr. Barker read the Ordinance into the record and stated there are no changes since the second reading. In response to Chair Jerke, Mr. Barker stated the provision which allowed a law enforcement officer to determine what noise level seemed excessive has been removed. There was no public input regarding this matter. Commissioner Masden moved to approve Ordinance#2008-4 on final reading. Seconded by Commissioner Garcia,the motion carried unanimously. Minutes, May 19, 2008 2008-1513 Page 4 BC0016 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#1615- ERO-GUARD WEST, INC.: Kim Ogle stated the applicant has submitted a check for collateral, in the amount of $2,850.00, which staff has determined will be sufficient to complete the on-site improvements. Commissioner Garcia moved to approve said agreement, authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER REQUEST TO PRE-ADVERTISEMENT USR#1654-FRONT RANGE FEEDLOTS, LLC, C/O WESTERN SUGAR COOPERATIVE: Kim Ogle, Department of Planning Services, stated the applicant has requested pre-advertisement of a hearing before the Board of Commissioners on June 18, 2008, following the Planning Commission hearing scheduled for June 3, 2008. He stated the applicant needs to vacate the current premise immediately and move to a new location, and pre-advertisement will allow them to be operating under the new permit before September for the sugar beet season. In response to Chair Jerke, Mr. Ogle stated the new site is located near the intersection of County Roads 66 and 43, northeast of Greeley. In response to Commissioner Masden, Mr. Ogle stated the current site has been purchased. Commissioner Rademacher moved to approve said request to pre-advertise, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER CORRECTED RESOLUTION GRANTING CHANGE OF ZONE, PZ#1126 - HF HOLDINGS, LLC: Mr. Barker stated the applicant submitted a letter,dated February 20,2008, requesting modifications to the Resolution based on discussions conducted subsequent to the approval on November 14, 2007. Mr. Barker submitted a modified version of the Resolution, which was then reviewed by staff. He stated this was a complicated Resolution to draft, primarily because the proposal deals with phased construction. He stated all parties in attendance at the initial hearing were notified of this hearing; however, no response has been received. Mr. Barker proceeded by introducing each of the proposed corrections or modifications,as depicted in the redline/strikeout version of the Resolution,with detailed explanations from staff, as needed. David Bauer, Department of Public Works, stated there was a lot of discussion regarding the timing of construction projects within the individual filings, therefore, paragraph #2.a added language regarding a Filing Map to assist with clarity in identifying which improvements are related to which phase. Kim Ogle, Department of Planning Services, stated Section 26-2-220.E.2 identifies the site as having Limiting Site Factors, specifically the floodplain. He noted the subject site is located on a hill, therefore, the last sentence of paragraph#2.a.4 needs to be deleted. He further stated the last sentence of paragraph#2.a.5 is proposed for modification because the applicant has a Memorandum of Understanding,which staff feels is equivalent to a finalized agreement. Mr. Ogle referred to paragraph #2.a.7 and stated the maps delineate connection to Kiteley Ranch at Foster Lake to the north, as well as Adler Estates to the west,with the Newby Farms development being located further west, therefore, it is not applicable and has been stricken from the paragraph. Mr. Bauer referred to paragraph#2.a.9 and stated staff completed the Black Hole Study, which was finalized after the scheduled Planning Commission hearings, therefore, staff requested the applicant incorporate the Study's findings and projections into the Traffic Study, to be submitted as part of the First Filing Final Plat. Mr. Ogle referred to paragraph #2.b.2 and stated, as previously discussed, the Kerr-McGee/Anadarko Surface Use Agreement has been executed through a Memorandum of Understanding, therefore, the requirement has been met. Mr. Bauer stated changes in paragraphs #2.b.3 and #2.b.4 also reference the delay of submittal for the Traffic Study, as previously discussed. He further stated the Drainage Study may be impacted by the evaluation of the Foster Lake Dam and the outflow channel, and if the First Filing is outside of the influence of the outflow channel, the modified language in paragraph #2.b.5 would allow submittal of the First Filing Final Plat in advance of receiving the Drainage Report. Mr. Barker stated the language proposed to be stricken from paragraph Minutes, May 19, 2008 2008-1513 Page 5 BC0016 #2.d and added later in the document to address the improvements to be constructed by the Metropolitan District. He further stated paragraph #2.e addresses the timing for submittal of the initial Final Plat. Mr. Bauer added that the High School is required to be mentioned in the report. Mr. Bauer stated the changes in paragraph #2.f address the triggers for the Off-site Improvements Agreements for roadway improvements as they relate to a specific filing. He further stated pursuant to the proposed change in paragraph #2.g, filing that does not include irrigation ditch may be able to proceed with the Final Plat, whereas, a filing that includes a ditch would require the submittal of a ditch agreement before proceeding. Mr. Baker stated Condition of Approval #1.D.12 has been modified to include the language previously deleted from paragraph #2.d regarding improvements made through the Metropolitan District. Fred Ginsburg, Attorney, stated the Metropolitan Districts have been established, which are responsible for certain things under the Service Plan, and the maintenance and operations factors needed to be clarified in the Resolution. Mr. Bauer referred to Condition of Approval #1.D.32 and stated County Road 28 currently runs east-west, and the applicant's proposed layout depicts realigning the roadway to veer to the south. He stated the proposed amendment clarifies that at the time of construction, the new right-of-way will be dedicated to the County, with the old right-of-way to be vacated after the new roadway is open for public use. Mr. Ogle referred to Condition of Approval #1.D.41 and explained the applicant may pursue a grading permit, at their own risk, prior to submitting the First Filing Final Plat for recording. Mr. Barker stated Condition #1.D.44 was a duplicate provision and should be deleted, and Condition #1.D.46 addresses the potential for successors to Kerr-McGee, as well as HF Holdings, LLC. He further stated Conditions of Approval #4.A, #4.B, and #4.C are proposed for deletion and moved to a later place in the document, Condition #4.G is a duplicate and should be deleted, and the modification in Condition #4.H is a clerical amendment to reflect the correct development name. Mr. Ginsburg stated the prior language had the sequence of events wrong, and the proposed additional language in Condition #4.1 reflects the correct process for conveyances. Mr. Barker stated Conditions of Approval #4.T through #4.Y are also proposed to be deleted and reinserted at a new location to reflect the proper timing for the project. He stated the modifications to Conditions#4.V,#4.X,#4.AE,#4.AF,#4.AG,#4.AH,#4.AS all deal with making the Drainage Report a stand-alone document. Mr. Bauer stated the Master Drainage Report will provide guidance for the entire development over numerous filings. He stated there may be areas near Liberty Gulch where there may be standing water or groundwater issues; however, the proposed language in Condition #4.BI allows for further investigation at the time of Final Plat for the various filings, rather than at the initial filing. He further stated additional geotechnical information may be required following grading work,therefore, modifications were also made to Condition of Approval#4.BJ. Mr. Barker stated Condition of Approval#4.BU may be deleted, since the applicant has already addressed the issue. Mr. Ogle stated staff is requesting information on the location of the gathering lines and easements in relation to proposed and existing oil and gas structures within each of the filings prior to recording any final plat, as noted in modified Condition #4.BM. He further stated Condition of Approval #4.BO is being modified to identify interconnectivity between the subject site and the Kiteley Ranch PUD, as well as the Mead Crossings commercial development. Mr. Bauer stated, as previously discussed, the alignment for County Road 28 will be modified, therefore, Condition #4.BV clarifies the old road will continue to exist until the new road is accepted. He further stated Condition of Approval#4.BW.2 is being modified to clarify whether a ditch agreement is required prior to filing a final plat, as previously discussed. Mr. Bauer stated the modification to Condition of Approval#4.BW.10 relates to the Traffic Study and the timing of various road improvements between filings. Mr. Barker stated Conditions #5.A through #5.C include language that was previously deleted and reinserted at this location. Mr. Bauer stated staff anticipates that the First Filing will not involve ditches, therefore, the applicant can move forward with submitting the Final Plat for the First Filing; however, subsequent filings will require ditch agreements before proceeding. Mr. Ginsburg stated there were five Conditions that were deleted and moved to a more appropriate location. Mr. Bauer stated Condition #5.E addresses the timing for vacating the old right-of-way following acceptance of the new layout for County Road 28. Mr. Barker stated additional paragraphs were deleted and moved to a more Minutes, May 19, 2008 2008-1513 Page 6 BC0016 appropriate location, and the applicant completed Condition #5.J, therefore, it needs to be deleted. Mr. Bauer stated once the applicant completes construction of the new County Road 28 layout, Condition of Approval #6.H requires the applicant to complete the vacation process for the old right-of-way. Mr. Barker stated Condition of Approval #6.K is being added to require evidence of inclusion into the Southwest Weld County Law Enforcement Authority. Mr. Ogle and Mr. Ginsburg stated a majority of the Conditions which were deleted as requirements of the initial filing and moved to become conditions at the time of filing for subsequent filings. In response to Chair Jerke, Mr. Barker stated staff has reviewed the proposed changes with the applicant on several occasions,and they will review the document once all the changes are incorporated to ensure it is correct. Mr. Ginsburg concurred. No public testimony was offered concerning this matter. Commissioner Rademacher moved to approve said Corrected Resolution. The motion was seconded by Commissioner Garcia. Commissioner Long stated the changes are mostly clerical in nature to address timing issues on a large-scale development, and they do not alter the credibility of the original findings of the Board. There being no further discussion, the motion carried unanimously. FIRST READING OF ORDINANCE #2008-5, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD COUNTY CODE: Michelle Martin, Department of Planning Services, stated the applicants are Pioneer Communities, Inc., and HP Farms, LLC, and they have applied to amend the Comprehensive Plan to create an amendment procedure for the Southeast Weld Mixed Use Development (MUD) Area Structural Plan Map 2.1. She stated the amendment will affect parts of Sections 4, 5, 7, 8, 9, 17, and 18, Township 2 North, and Section 32, Township 3 North; all in Range 64 West of the 6th P.M.; as well as Sections 2, 11, 12, 13, 14, and 15, Township 2 North, all in Range 65 West of the 6th P.M., Weld County, Colorado. Ms. Martin stated the property is located near the intersection of County Roads 22 and 49. In response to Ms. Martin, Chair Jerke indicated a formal presentation would be more appropriate at a work session, with the representatives of the applicant in attendance. No public testimony was offered concerning this matter. Commissioner Garcia moved to approve Ordinance#2008-5 on first reading. Seconded by Commissioner Masden, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. The Final Reading of Code Ordinance #2008-3 was continued to June 2, 2008, Code Ordinance#2008-4 was approved on Final Reading, and Code Ordinance#2008-5 was approved on First 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, May 19, 2008 2008-1513 Page 7 BC0016 There being no further business, this meeting was adjourned at 10:30 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: LI/ e i EXCUSED DATE OF APPROVAL "tc W 'am H. Jerke, Chair Weld County Clerk to the iLt ` Niq u iic\\ Robert D—Masden, Pro-Tern BY: Deputy Clerk t ' e Board Will F. �ci (David E. Long esaWkaAtAr Douglas ademacher Minutes, May 19, 2008 2008-1513 Page 8 BC0016 Hello