HomeMy WebLinkAbout20070194.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 17, 2007
TAPE #2007-02
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, January 17, 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
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of January 15, 2007, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Chair Long requested that any members of the audience present to discuss New Item
of Business#4, regarding a Petition to Vacate a Portion of Weld County Road 25, provide their comments
during Public Input. He stated the petition was never signed by all persons listed as petitioners, and the
matter will be formally withdrawn. He further stated that if a signed petition is submitted in the future, all
surrounding property owners will be notified of the hearing date and may provide testimony.
Robert Temmer, resident, stated he has submitted written objection to the petition, marked Exhibit A, and
surrounding property owner Gregory Light has also submitted a letter of objection in regard to the petition,
marked Exhibit B. He stated he is opposed to the vacation of the portion of Weld County Road 25, since
the vacation will present a public safety issue. He further stated the access to his home in on Weld County
Road 25, and he owns property on both sides of Weld County Road 25. Mr. Temmer stated he is not in
support of the petition, therefore, his name should not be listed as a petitioner; however, his name was
mistakenly placed onto the petition by another property owner. He stated the vacation of the road would
inhibit emergency service vehicles from providing a quick response to any property owner living within the
general vicinity, and the vehicles would have to travel an additional three miles of detour routes to reach
his property. He further stated the additional time to access his property could be a threat to the property
and a threat to the lives of his family members. Mr. Temmer stated the dust problems may be solved by
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having the road paved, and the littering problems can be addressed in other ways besides vacating the
road. In response to Commissioner Masden, Mr. Temmer stated the petition indicates the reasons for
vacating the road include dust problems and problems associated with partying which is occurring along
the road. He further stated he believes the real reason is that Mr. Windell, the petition originator, is
currently in negotiations to sell his property for gravel mining and water storage purposes,and the potential
purchasers would like the road to be vacated so that the gravel underneath the road may be mined to
create a large storage reservoir. Chair Long stated the letter submitted by Mr. Temmer has been included
as a part of the record.
Jennie Duncan, Southwestern Investment Group, stated her company represents SW Chambers, LLC,
who is the owner of the Heit Pit. She stated SW Chambers, LLC, was granted a Use by Special Review
Permit for sand and gravel mining operations approximately 2.5 years ago. She further stated slurry wall
construction along the perimeter of the property will commence in March, 2007,and mining operations will
begin in July, 2007. Ms. Duncan stated only one permitted access exists to the Heit Pit, and it is located
on Weld County Road 25. She stated SW Chambers will provide road improvements, in the amount of
approximately $2 million, and the improvements will commence in Spring, 2007. She further stated her
objection to the petition, and she believes a vacation of a portion of Weld County Road 25 will affect the
health, safety, and welfare of area residents. In response to Chair Long, Ms. Duncan stated she sent a
letter to Don Carroll, Department of Public Works, and she would like the letter to become a part of the
record if a valid petition is submitted at a later date.
CONSENT AGENDA: In response to Chair Long, Bruce Barker, County Attorney, stated the Board
considered a Zoning Permit for a Commercial Vehicle (ZPCV #0010) for applicant Fred Jackson on
Monday, January 15, 2007. He stated Mr. Jackson was not present at the hearing, and the matter was
denied by the Board. He stated the applicant was wrongly informed by security guards that no hearings
were being held on Monday morning, due to the Courts being closed in observance of a holiday. He
further stated Mr. Jackson will most likely request that the Board reconsider the matter, and if the Board
decides to reconsider the matter, notification of the hearing date will need to be resent to surrounding
property owners.
Fred Jackson, applicant, stated he arrived at the front entrance for the hearing, and he was informed by
a security guard that no offices were open, and that no hearings would be held. He stated he left the
building, and figured the hearing would be continued to the next day, therefore, he called the Department
of Planning Services, and was informed that the hearing was held and that the matter was denied. Chair
Long expressed his apologies to Mr. Jackson for the miscommunication. Commissioner Jerke stated all
parties have a right to be heard and represented, therefore he moved to reconsider Zoning Permit for a
Commercial Vehicle, (ZPCV#0010), for applicant Fred Jackson, on February 12, 2007, at 9:00 a.m. The
motion was seconded by Commissioner Masden, and it carried unanimously.
Commissioner Masden moved to approve the consent agenda as modified. Commissioner Rademacher
seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $384,976.47
Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner
Masden seconded the motion, which carried unanimously.
Minutes, January 17, 2007 2007-0194
Page 2 BC0016
BIDS:
PRESENT BIDS: Ms. Connolly stated there were no bids to present.
ACTION OF THE BOARD CONCERNING CIVILIAN VEHICLES BID-SHERIFF'S OFFICE: Ms. Connolly
stated the Sheriffs Office recommends rejection of the bid,which was previously approved on January 10,
2007. She stated the Sheriffs Office has requested a smaller vehicle than the one approved through the
bid. In response to Chair Long, Mr. Barker recommended the Board move to reject the bid, and the bid
may then be reconsidered. In response to Commissioner Jerke, Ms. Connolly stated the Sheriff's Office
is in the process of determining which size of vehicle would be most beneficial, and the re-bid will be
presented within the next few weeks. Commissioner Rademacher moved to reject said bid. Seconded
by Commissioner Jerke, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COMMUNITY MEDIATION PROJECT, INC., C/O CRAIG CONRAD: Walt Speckman, Director of Human
Services, stated the agreement is between the Family Educational Network of Weld County and
Community Mediation Project, Inc. He stated the agreement is for the Supporting Healthy Marriages
Project, and Community Mediation Project will provide marriage education programs and other required
services. Commissioner Jerke stated accountability measures need to be in place for this project, and he
is concerned that a private party will receive a contract for approximately$262,000.00 to provide services
before accountability measures have been determined. He further stated the project needs to use
objective measurements for the success of the project, and he is interested in knowing how the project will
run, the number of clients it will serve, where the clients are recruited from, and what requirements have
to be met to be enrolled in the project. He further stated upon completion of the project, couples should
be measured in an objective way to determine how they have improved as a result of the project. Mr.
Speckman concurred with Commissioner Jerke and stated the Department of Social Services has entered
into a contract with the University of Northern Colorado for the evaluation portion of the project, and the
University will also assist with the intake process which includes detailed questionnaires. He stated the
application process is very thorough, questions are answered by the couple together, and then as
individuals, and the questionnaire process takes approximately three hours to complete. He further stated
the project provides supportive services, and the real measure of success will be the success of couples
and families who still have a healthy family relationship several years later. Responding to Commissioner
Jerke, Mr. Speckman stated funding was applied for to provide a control group for research purposes;
however, the funding was denied, therefore, a control group will not be utilized. He further clarified the
University of Northern Colorado will monitor the progress of the project. Chair Long stated the project has
completed a large amount of assessment for accountability measures, and the project does not have a
scientific component. He stated the project will provide a large amount of internal assessment and
documentation,and the goal is to promote success within marriage relationships among residents of Weld
County. Chair Long stated an upcoming work session has been scheduled for the Board to provide
information regarding the project. Commissioner Jerke clarified his concerns that the project seems to be
more subjective rather than objective. Commissioner Masden moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 27 AND AUTHORIZE CHAIR TO SIGN-ED ORR: Don Carroll, Department of Public Works,stated
the agreement is required through Recorded Exemptions #4516 and #4517, and Subdivision
Exemption#1098. He stated Weld County Road 27 is classified as a strategic roadway, and the County
is currently studying realignment possibilities. He stated the parcel is located on the north side of the
existing railroad tracks,and the existing access to the parcel is from Weld County Road 66 to Weld County
Road 27. Mr. Carroll stated 30 feet of right-of-way is available in Section 30, and no negative feedback
has been received from any surrounding property owners. In response to Commissioner Masden, Mr.
Minutes, January 17, 2007 2007-0194
Page 3 BC0016
Carroll stated staff is studying the possibility of realignment of the Two Rivers Parkway, and upon
realignment, 140 feet of right-of-way would be reserved as future right-of-way along the Orr property. He
further stated all improvements associated with the realignment would be done at the County's expense.
Responding to Commissioner Jerke, Mr. Carroll stated the corner property on the west side of the road
is approximately 1.6 acres in size, and it may be a non-buildable lot. He further stated the County may
seek to acquire right-of-way on the property if the realignment occurs. Commissioner Jerke moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - THE FORT 21, LTD., DBA THE FORT 21: Bruce Barker, County
Attorney, stated the renewal of the liquor license for The Fort 21 was approved several months ago, and
the dance license is for calendar year 2007. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 25 BETWEEN WELD
COUNTY ROADS 20.25 AND 22.5-MULTIPLE PETITIONERS: Mr. Barker stated a petition was received
by the Department of Public Works, and was reviewed and forwarded for consideration by the Board. He
stated the property owner originating the petition drafted several versions, and it came to the attention of
staff that the petitioner was seeking review and approval from the County before moving forward with
receiving signatures from the rest of the surrounding property owners. He further stated John Windell,the
original petitioner, has apologized for the misunderstanding, and has requested that the application be
withdrawn. Mr. Barker advised the Board to make a motion to accept the withdrawal of the petition.
Commissioner Garcia moved to accept said withdrawal. Seconded by Commissioner Rademacher, the
motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR WELD COUNTY ROAD
38-PLATTE SAND AND GRAVEL, LLC: David Bauer, Department of Public Works, stated staff received
a request from Platte Sand and Gravel, to reduce and release an additional amount of collateral held for
improvements completed on Weld County Road 38. He stated the collateral, currently held in the amount
of $268,833.60, will be reduced to an amount of$182,208.40, which is approximately twenty percent of
the original amount. He stated fifteen percent will be held as a paving warranty, and the additional five
percent covers improvements which still need final approval. In response to Commissioner Jerke, Mr.
Bauer stated the fifteen percent paving warranty amount will be held for a period of one year after final
approval of the project.
Tim Pike, Platte Sand and Gravel,stated he concurs with the recommendation of the Department of Public
Works. He stated the intersection improvements have been completed and the culverts have been
installed; however,the final inspections cannot be completed since snow is currently covering the ground.
He stated a final inspection may be scheduled when the snow melts and after Xcel Energy can make the
necessary arrangements to relocate an existing utility pole. He further stated the striping needs to be
completed; however, it must wait until the temperatures are warmer. Mr. Pike stated upon completion of
the required improvements,the cost sharing agreement between Platte Sand and Gravel and Weld County
will be finalized and Weld County will pay its portion for the completed improvements. Commissioner
Masden moved to approve said cancellation and release of collateral. Seconded by Commissioner Jerke,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, January 17, 2007 2007-0194
Page 4 BC0016
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 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
-` WEcnO�, COLORADO
�ATTEST: , , ,' E D
David E. Long, Chair
Weld County Clerk to the Bo 861 (^ tir
V ! i /— & '
fit;;;;A William . J e, P o-Tem
BY: y �� 1" r. J i 7
Deputy erk to the Board ' /
Will Garcia
Robert D. Masden
ouglas ademach
Minutes, January 17, 2007 2007-0194
Page 5 BC0016
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