The URL can be used to link to this page

Browse Search

Home My WebLink About20072597.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 15, 2007 TAPE #2007-23 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 15, 2007, 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 David E. Long, Chair- EXCUSED Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden - EXCUSED 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 August 13, 2007, 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 Garcia moved to approve the consent agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES FOR JUVENILE COMMUNITY REVIEW BOARD-BRANDON LUNAAND SUSAN KNOX: Chair Pro Tem Jerke read the certificates into the record, recognizing Brandon Luna and Susan Knox for serving on the Juvenile Community Review Board. COMMISSIONER COORDINATOR REPORTS: Chair Pro-Tem Jerke stated he traveled to the South Platte headwaters country yesterday, and the South Platte round table convened throughout the day. Chair Pro-Tem Jerke stated the conference provided an understanding for him of how large the South Platte basin is, and Park County representatives shared their water issues,explaining many areas in Park County have been dried up and drained, and former Park County agricultural water is currently provided to the City of Aurora. He explained representatives of Julesburg, nearly 300 miles away from Park County, have similar concerns, even though the terrain and water usage between the two areas have historically 2007-2597 BC0016 X19-/307 been very different. He further stated he has observed significant involvement from the environmental community to ensure water resources are being used for the benefit of mankind, and partnerships have been forged between the County government and many environmental organizations, including Trout Unlimited and Ducks Unlimited. Chair Pro-Tem Jerke stated he finds it heartening that environmental groups are taking the lead regarding water preservation, and it was an encouraging meeting to attend. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $404,514.36 Electronic Transfers -All Funds $81,673.59 Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner Rademacher seconded the motion, which carried unanimously. BIDS: PRESENT BRIDGE REPLACEMENT 13/54A-THOMPSON RIVER BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated a date for approval has not been determined since more evaluation is required; however, it will likely be within the next month. He read the names of the 16 vendors who submitted bids. Chair Pro-Tem Jerke inquired whether all of the vendors listed have been approved under the quality based bid criteria. In response to Chair Pro-Tem Jerke, Mr. Warden explained this matter is being reviewed. Mr. Warden stated this item is for the design of the bridge, rather than the construction of the bridge. Chair Pro-Tem Jerke clarified his question is if all of the vendors have been approved for the County to do business with. In response to Chair Pro-Tem Jerke, Mr. Warden stated all of the vendors named have been approved. PRESENT GRADER BLADES BIDS: Mr. Warden read the names of eight vendors who submitted bids into the record. He stated the low bid comes from Wagner Equipment Company for$129,972.00, and the bid will be presented for approval on August 29, 2007. OLD BUSINESS: CONSIDER APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - COLORADO CATTLE COMPANY, LLC, DBA COLORADO CATTLE COMPANY (CON'T FROM 7/11/07): Bruce Barker, County Attorney, stated on July 11, 2007, this item came before the Board and the matter was continued in order for the Colorado Bureau of Investigations(CBI)to provide the results regarding the submitted fingerprint cards. Mr. Barker explained the results have not yet been received;however,he recommends proceeding today and inserting a Condition in the Resolution regarding the receipt of the fingerprint results. He stated everything in the application is in order. Mr. Barker explained Commissioner Long has visited the facility and issued a letter which stated the establishment is in accordance with the Colorado Liquor Code, proper deeds have been provided,and the Sheriffs Office has no concerns regarding the establishment. Pamela Mackey, legal representative of the applicant, stated she is available to present testimony and answer any questions the Board may have. Commissioner Rademacher expressed he is comfortable approving the application with the Condition that Mr. Barker recommended. Chair Pro-Tem Jerke questioned if the property will be open to the general public as a bar or a saloon. In response to Chair Pro-Tem Jerke, Elizabeth Persson,applicant,explained the property will not be open to the general public and it will only be available for her guests. Ms. Persson explained her property is not open to the general public for any services, including horseback riding and overnight stays. Chair Pro-Tem Jerke questioned if Ms. Mackey and Ms. Persson accept the Condition to be included in the Resolution. Responding to Chair Pro-Tem Jerke, Ms. Mackey stated the applicant accepts the Minutes, August 15, 2007 2007-2597 Page 2 BC0016 Condition. Mr. Barker stated language will be added to the Resolution to state approval is contingent upon the successful review of the fingerprints by CBI. Commissioner Garcia moved to approve said application, contingent upon successful review by CBI, and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. NEW BUSINESS: CONSIDER AGREEMENT FOR LOW-INCOME ENERGY ASSISTANCE PROGRAM(LEAP)SERVICES AND AUTHORIZE CHAIR TO SIGN - YEAR ONE, INC., DBA MILE HIGH YOUTH CORPS: Walter Speckman, Director of Human Services, stated the agreement will enable the Mile High Youth Corp volunteers to work with clients eligible for the Low-Income Energy Assistance Program (LEAP) by, for instance, providing low energy compact flourescent light bulbs and low-flow shower heads. He stated the purpose of the agreement is to teach people conservation measures for their homes to conserve energy and reduce energy costs for participants. In response to Chair Pro-Tem Jerke, Mr. Speckman stated the youth who will demonstrate the conservation measures will be local residents. In response to Commissioner Rademacher, Mr. Speckman stated there will be a total of 300 households at a maximum total cost of $145.00 per household. Commissioner Garcia moved to approve said agreement and authorize Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER WELD COUNTY YOUTH CONSERVATION CORPS CONTRACT AND AUTHORIZE CHAIR TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY SERVICE, COLORADO AMERICORPS PROGRAM: Mr. Speckman stated this is an ongoing agreement and will be for a term of September 10, 2007, through September 9, 2008. Commissioner Rademacher moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 51 BETWEEN CRS 44 AND 46: Don Carroll, Department of Public Works, stated County Road 51, between County Roads 44 and 46, was closed from August 3, 2007, through August 10, 2007, to remedy flooding conditions. Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER DIRECTIVE TO WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONCERNING PLACEMENT OF `RIGHT OF FARM' SIGN ON STATE HIGHWAYS: Mr. Barker stated this Resolution is required pursuant to the Outdoor Advertising Act in Title 43 of the Colorado Revised Statute, to require placement of this sign by County or State crews on State highways. He explained the Colorado Department of Transportation (CDOT) requested this Resolution. In response to Commissioner Jerke, Mr. Barker stated he believed a similar Resolution was completed for Smart Growth. Commissioner Rademacher moved to approve said directive. Commissioner Garcia seconded the motion, and stated at a meeting in the Town of Fort Lupton, it was brought to his attention Smart Growth signs have been posted. He stated Smart Growth is not only a buzz word but has substantive meaning, in terms of policies and procedures, and he feels the Right to Farm signs are in line with the beliefs of the Board. There being no further discussion, the motion carried unanimously. CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON AUGUST 18 AND 19, 2007-LOVE-AIR R/C, INC., C/O LLOYD MCCONNELL: Mr. Barker stated this and the following item may be considered together, since they are the same type of application and for similar events. Chair Pro-Tem Jerke stated the Board will consider this and the following item concurrently. Mr. Barker stated this is the first time the applicant has anticipated that at any time during an event conducted by his organization there may be more than 350 people in attendance;therefore, this is the first time the applicant has applied for this type of permit. He stated there are two events which will both occur over weekends, which will be August 18 and 19, 2007, and September 21, 22, and 23, 2007. He further Minutes, August 15, 2007 2007-2597 Page 3 BC0016 stated all of the requisite fees have been paid, and the required bonding and insurance have been provided. Lloyd McConnell,applicant,explained there are approximately 175 members in his organization, it is a model airplane club,and the members fly remote-controlled airplanes. Mr. McConnell stated the club is located in Loveland; however, there are equal numbers of members from the Cities of Greeley and Fort Collins. He stated the club members fly their planes at a location south of the landfill on Highway 14, and members conduct the type of event presented today approximately once a year and invite guest pilots from around Colorado and other states to attend. Mr. McConnell stated the club has had the fly-in event for fourteen years; however, previously there have been less than 350 people in attendance. He stated there is a model airplane show for the public on Saturday and Sunday at both events. He explained the second event will be a Warbird event, at which all of the aircrafts must be military aircrafts and people will come from all over the United States to attend the event. Mr. McConnell stated the airfield is under the same type of control as Denver International Airport, and the governing insurance provider enforces guidelines regarding managing and operating the airfield. He stated there will be noon air shows and many of the best pilots in the world attend to fly at the event. Chair Pro-Tem Jerke questioned if the club has conducted multiple date events in the past. Responding to Chair Pro-Tem Jerke, Mr. McConnell stated the club has conducted events spanning over multiple dates in the past; however, in the past the number of people in attendance has been small enough that an event permit was not required. Further responding to Chair Pro-Tem Jerke, Mr. McConnell stated the club will provide portable toilet facilities, and the units have already been delivered for the first event. He further stated ambulances,traffic direction,and security services have been secured. Commissioner Rademacher inquired about the hours of operation for the events. Responding to Commissioner Rademacher, Mr. McConnell stated the pilots will come and go as they please; however, the public will arrive after 9:00 a.m., and leave before 2:00 p.m. Further responding to Commissioner Rademacher, Mr. McConnell stated the specific location of the events will be 9.5 miles west of 1-25, and just southeast of the landfill on Highway 14. Responding to Chair Pro-Tem Jerke, Mr. McConnell stated the location is west of Ault. Commissioner Rademacher inquired if there are many residences neighboring the location. In response to Commissioner Rademacher, Mr. McConnell stated the club goes out of their way to select an area at which the activity will not bother others. Commissioner Garcia inquired if the anticipated maximum number of participants is 600, as indicated in the documentation. In response to Commissioner Garcia, Mr. McConnell stated the club does not sell tickets to the air shows, the club only requests donations; therefore, the number of people who may attend is limited only by the amount of parking,and an exact number of attendees cannot be determined in advance. Mr. McConnell stated the second event has never been produced by the club; therefore, he does not have prior experiences to reference regarding the number of attendees. Commissioner Garcia inquired if the number 600 was based on prior numbers of people who have attended the event. In response to Commissioner Garcia, Mr. McConnell stated it is an estimate based on prior events;however, he reiterated the one event will be conducted for the first time this year. Chair Pro-Tem Jerke inquired about the average age of the pilots who are members of the club. In response to Chair Pro-Tem Jerke, Mr. McConnell stated he is 55 years of age; however, he is older than the majority of the members. He stated most of the members are 25-40 years of age; however, there are many retirees in the club as well. Commissioner Rademacher inquired about the fire hazard risks at the events. In response to Commissioner Rademacher, Mr. McConnell stated the Ault fire department is not present; however, they are on standby and aware of what is taking place, and this procedure has been sufficient in the past. There was no public testimony offered regarding the matter. Commissioner Rademacher moved to approve said applications for temporary assembly. Commissioner Garcia questioned if both events may be voted on at the same time. Chair Pro-Tem Jerke stated since he called up both items at the same time, the Board should be able to vote on both concurrently. In response to Commissioners Garcia and Jerke, Mr. Barker stated the Board may vote on both items at the same time; however, a separate Resolution will be completed for each item. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON SEPTEMBER 21, 22, AND 23, 2007 - LOVE-AIR R/C, INC., C/O LLOYD MCCONNELL: Commissioner Minutes, August 15, 2007 2007-2597 Page 4 BC0016 Rademacher moved to approve said application for temporary assembly. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING OIL AND GAS LEASE AND ACCEPT OFFER TO LEASE MINERAL ACRE - KERR MCGEE OIL AND GAS ONSHORE, LP: Mr. Barker stated this lease offer is for 1.153 acres, and Kerr McGee Oil and Gas Onshore, LP, has provided $200.00. He recommended approval of the item. Responding to Chair Pro-Tem Jerke, Mr. Barker stated the legal description is provided in the documentation; however, he does not know the cross streets of the property location. Commissioner Garcia moved to approve waiving said bid procedure and accept said offer to lease mineral acre. Seconded by Commissioner Rademacher,the motion carried unanimously. CONSIDER APPOINTMENTS TO BOARD OF ADJUSTMENT: Commissioner Garcia moved to reappoint Bruce Fitzgerald to said Board as the Commissioner District 3 regular member, to appoint Jerry Neff as the Commissioner District 2 regular member,to appoint Benjamin Hansford as an at-large regular member, and to appoint William Gillard as an associate member. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER APPOINTMENTS TO PLANNING COMMISSION: Commissioner Garcia moved to appoint Bill Hall to said Board as an at-large representative and to appoint Robert Grand as the District 6 representative. Seconded by Commissioner Rademacher, the motion carried unanimously. PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR CHALLENGER RANCH PLANNED UNIT DEVELOPMENT, S #605 - ALBERT CHALLENGER: Mr. Carroll stated the facility is located on County Roads 54 and15.5, and adjacent to the river and railroad tracks. He stated the paving was completed last year to the Department's satisfaction and the roadway will be maintained by the Home Owner's Association in a gated community. He recommended release of said collateral. Commissioner Rademacher moved to approve said cancellation and release of collateral. Seconded by Commissioner Garcia, 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. Minutes, August 15, 2007 2007-2597 Page 5 BC0016 There being no further business, this meeting was adjourned at 9:40 a.m. BOARD OF COUNTY COMMISSIONERS E� �` WELD COUNTY, COLORADO ATTEST: junaki ..✓; , �� EXCUSED 1361 j y- '.k2 David E. Long, Chair Weld County Clerk to the n . :rd William H. Jer. -, r.-Tem Cti Dep t Clerk the Board William F. Garcia EXCUSED Robert D. Masden O(4-er_ ouglas ademacher Minutes, August 15, 2007 2007-2597 Page 6 BC0016 Hello