HomeMy WebLinkAbout20072645 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 20, 2007
TAPE #2007-24
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 20, 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, 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 15,2007,as printed. Commissioner Jerke seconded the motion,and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on August 14, 2007, as follows: 1) Violation Hearings; and the hearings conducted on
August 15, 2007: 1) PZ #1131 - Robert Buderus, c/o TEAM Engineering, and 2) AmUSR #987 -
DCP Midstream,c/o Witwer,Oldenburg, Barry and Johnson,LLP. Commissioner Masden 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 Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-2645
BC0016
61-7,3-o-7
WARRANTS: Donald Warden,Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $578,228.05
Commissioner Rademacher moved to approve the warrants as presented by Mr.Warden. Commissioner
Jerke seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13, ACCEPTANCE OF GRANT OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - HICKS AND JOHNSON DACONO FARM, LLP: Leon Sievers, Department of Public
Works, stated this is the fourth of eleven parcels to be acquired for the County Road 13 Road
Improvements Project south of State Highway 52. He stated the parcel is located on the east side of County
Road 13, and north of County Road 8. He further stated 0.978 acres of right-of-way will be acquired for a
total of$16,137.00, 1.438 acres of permanent easement will be acquired fora total of$11,864.00,and both
values are based upon an appraisal report completed by Foster Valuation Company. He stated 7,175
square feet of temporary construction easement will be acquired for$273.00 and there is no cost-to-cure
for this property,therefore,the total reimbursement to the landowner will be$28,274.00. Commissioner
Rademacher moved to approve said agreement,accept said grants of permanent easement and temporary
construction easement,and authorize the Chair to sign any necessary documents. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 13 AND
AUTHORIZE CHAIR TO SIGN-ANDORA INVESTMENTS,LLC: Mr.Sievers stated this parcel is located
on the east side of County Road 13,and north of County Road 8. He stated 1,125 square feet of easement
will be acquired for$500.00,which was a negotiated settlement with the landowner. He further stated there
is no cost-to-cure for this parcel, therefore, the total compensation provided to the landowner will be
$500.00. In response to Commissioner Rademacher,Mr.Sievers stated all of the right-of-way required for
the project north of State Highway 52 has been secured with agreements,donations, or dedications. He
further stated the start date of the construction work for the north project depends on the time frame of the
intersection improvements completed through the south project. Commissioner Rademacher stated the
Towns of Frederick and Firestone have expressed their concerns regarding traffic during construction
improvements. Mr.Sievers stated traffic will be allowed to travel through the detour of the project,and traffic
may continue to utilize State Highway 52. Commissioner Rademacher moved to approve said temporary
construction easement and authorize the Chair to sign. Seconded by Commissioner Garcia,the motion
carried unanimously.
CONSIDER ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR CR 47 AND AUTHORIZE
CHAIR TO SIGN -JOHN JOHNSON-JF CATTLE: Don Carroll, Department of Public Works, stated the
agreement is required as a Condition of Approval through Second Amended Use by Special Review
Permit#1282. The property is located east of the Town of Eaton, adjacent to County Roads 74 and 47.
He stated the agreement is a Dust Abatement Plan for County Road 47,to control dust adjacent to the cattle
facility. He further stated County Road 47 is classified as an arterial road,the necessary right-of-way has
been obtained for future expansion, and staff recommends approval. In response to Commissioner
Rademacher,Mr.Carroll stated Mr.Johnson will be required to apply dust suppressant chemical twice per
year,or more often as determined by Department staff. He further stated the dust suppressant chemical
will be applied to approximately one-half mile of roadway at a cost of$.50 per square yard. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
Minutes, August 20, 2007 2007-2645
Page 2 BC0016
CONSIDER PETITION TO VACATE PORTIONS OF ROAD RIGHTS-OF-WAY-VARRA COMPANIES,
INC., C/O DREXEL, BARRELL, AND COMPANY: Mr. Carroll stated Drexel, Barrell, and Company has
submitted a petition for vacation of road right-of-ways within the property formerly owned by the Western
Sugar Company; however, the property is now owned by Varra Companies. He stated the platted
right-of-way is located east of Ash Avenue and north of East 16th Street,which is east of the City of Greeley.
He further stated Ash Avenue has been annexed by the City of Greeley,and the Department recommends
approval of the vacation; however, if landlocked parcels are sold at a later date,a shared easement must
be secured to provide access to the parcels. In response to Commissioner Jerke, Mr. Carroll stated First
Avenue is located to the west of Ash Avenue,and Highway 263 is located north of the Poudre River,which
is the road to the Greeley-Weld County Airport. Further responding to Commissioner Jerke, Mr. Carroll
reiterated Varra Companies now owns the property, and the Western Sugar Company was the previous
owner. In response to Commissioner Rademacher, Mr. Carroll stated the sugar factory is located to the
west of Ash Avenue,and he believes Western Sugar Company still owns the parcel on which the factory
is located. Mr.Warden stated the City of Greeley will be completing a redevelopment within the area,and
the road vacation will not impact the redevelopment project. No public testimony was offered concerning
this matter. CommissionerJerke moved to approve said petition. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN-A
KID'S PLACE: Bruce Barker, County Attorney, stated a non-profit organization may apply for a Special
Events Permit,which is a temporary liquor permit for a charitable fund-raiser. He stated A Kid's Place is
holding an event at the David Calvin residence on September 8,2007,proof of the required permission has
been provided,and he recommended approval. Robin Overmeyer, member of the Board of Directors for
A Kid's Place, provided diagrams of the Calvin residence and the service area for alcoholic beverages,
marked Exhibit A, and pictures depicting the posting of the notice posted at the site, marked Exhibit B.
Christy Dodd, Director, A Kid's Place, stated the property is fully fenced, and only patrons which have
purchased a ticket for the event will be allowed on the property. She clarified the service of alcohol will
cease at 11:00 p.m. In response to Commissioner Garcia, Ms. Dodd stated the alcohol will be purchased
separately and an open-bar is not provided as a part of the ticket for the event. Responding to
CommissionerJerke,Ms.Dodd stated A Kid's Place is a non-profit organization which coordinates the Child
Advocacy Center, which is where children who are victims of sexual abuse are interviewed by law
enforcement agencies, and it also coordinates the CASA Program, which works with children who are
involved with dependency and neglect cases within the court system. She stated staff from A Kid's Place
are appointed to act as volunteers and provide information to the court regarding the welfare of the children
involved. Ms.Overmeyer stated security will also monitor the property during the event,and no more than
150 people will be allowed at the site, which will provide for better crowd control measures. No Public
testimony was offered concerning this matter. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER SUBMITTING TO THE ELECTORS OF THE GENERAL ELECTION ON NOVEMBER 6,2007,
AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER AND QUESTION REGARDING
LIMITATION ON CONSECUTIVE TERMS FOR THE DISTRICT ATTORNEY: Mr. Barker stated a
committee of five people were appointed by the Board to study the need for changes to be implemented
within the Home Rule Charter, and to review a question on the election ballot to extend the term of the
District Attorney. He clarified the changes reviewed for the Home Rule Charter include the ability to extend
the number of consecutive terms an elected official may serve. He stated the committee met several times,
and came up with recommendations in the form of questions to be placed on the ballot at the next election.
Mr. Barker stated Exhibit A to the Resolution lists the questions which are proposed to be listed on the
election ballot, and the Resolution indicates the changes which will be made to the Home Rule Charter.
He stated the Home Rule Charter originally only placed term limits for the offices of County Commissioner
Minutes, August 20, 2007 2007-2645
Page 3 BC0016
and County Council; however, a Constitutional provision was approved in 1994,which limited all elected
office positions to two consecutive terms. He further stated Home Rule Counties must take a vote to
amend the Constitutional provision,and it is proposed to extend all elected offices to be able to serve three
consecutive terms. Mr. Barker stated modifications will also be made to the Home Rule Charter to clarify
vacancy positions, and one grammatical change will be made.
In response to Commissioner Garcia, Mr. Barker clarified the Colorado Supreme Court ruled in 2004, in
response to the failed vote results for term limit changes for the Jefferson County District Attorney, that
individual matters regarding changes to term limits may be set forth for the voters of a particular County or
Judicial District. He stated the Board of County Commissioners has the authority to place the matter before
the voters since the salary of the District Attorney is coordinated by the Board. Commissioner Garcia
clarified the 19th Judicial District is contained entirely within Weld County. Responding to Commissioner
Jerke, Mr. Barker stated each elected office will have a separate question on the ballot.
Gene Stille, County Councilman,stated he was a part of the ad hoc study committee,and the term limits
for the three offices of Assessor, Clerk and Recorder, and Sheriff,were originally addressed through the
study;however,discussion then led to possibly eliminating term limits of the office of the District Attorney.
He stated public input was sought regarding the matters,and fifty-five residents attended the public input
meeting,and he presented a summary of the ideas discussed at the meeting. He further stated the study
committee then met again, and decided that the voters have the right to place a vote for each office. He
expressed his appreciation to Mr. Barker for his research and guidance in this matter.
Commissioner Jerke expressed his appreciation to Mr. Stille and the rest of the committee for their hard
work,and he realizes the committee had to sort through a wide range of opinions. He stated he appreciates
the recommendations set forth by the committee. Mr. Stille stated a broad spectrum of opinions were
presented,and the matter was considered fairly. Chair Long stated input was provided from both political
parties as well as varying input from residents, and he supports the committee's recommendations.
Commissioner Masden stated he concurs with Commissioner Jerke and Chair Long, and he explained
several residents have contacted the Board to place term limit issues on an upcoming ballot. He stated the
Board wanted to receive public input regarding the matter, and he appreciates the effort put forth by the
study committee. He further stated he is comfortable with the results of the process, and expressed his
appreciation to Mr. Barker for his guidance. Commissioner Rademacher stated the study was very well
done,the results were provided in a timely manner,and it is a wise decision to have separate questions for
each elected office. Commissioner Garcia expressed his appreciation for his opportunity to serve on the
study committee. He stated his personal opinion has not been changed through the process;however,he
recognizes there was enough public input expressed that it is appropriate to let voters have a voice in the
matter. Commissioner Jerke moved to approve the submission of said amendments to the Weld County
Home Rule Charter and the ballot questions regarding term limits. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER TRANSFER OF PROPERTY BY QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN-
LORETTA CONTRERAZ: Mr. Barker stated the Casa Grande Estates Subdivision was created with
outlots, as a small easement around the entire subdivision,to prevent access directly from lots to County
Roads. He stated the outlots are approximately six feet in width and one thousand feet in length,and are
taxable properties with no property owner to hold liable for payment of taxes. He explained the County has
held the tax deeds for these outlots, and in past instances, the outlots have been deeded back to the
adjacent property owners. He further stated this parcel has been controlled by the County for more than
twenty years, and Loretta Contreraz has agreed to accept the ownership of the outlot. In response to
Commissioner Jerke, Mr. Barker stated Ms. Contreraz is the sole owner of all the land contiguous to the
outlot. Responding to Commissioner Rademacher, Mr. Barker stated Ms.Contreraz should not be able to
create an access to the adjacent County Road; however, if it is attempted,the current planning practices
Minutes, August 20, 2007 2007-2645
Page 4 BC0016
will prohibit approval. Commissioner Masden suggested placing language in the Resolution which limits
the use of the outlot. Mr. Barker clarified he believes the outlots may have been created for an easement
for the placement of utilities, and he does not recommend placing restrictions within the language of the
Resolution. Commissioner Rademacher moved to approve said transfer of property and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner Jerke moved to
appoint David True to the Extension Advisory Council, with a term to expire February 1, 2010.
Commissioner Masden seconded the motion, which 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 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: LW WE OUNTY, COLORADO
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.0, ►avid E. Long, Chair
Weld County Clerk to the Board (1861
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�o o ."4 illiam H. Jer Pro-Tem
BY: C� - 3 4 t r ) -
Deputy Clerk'o the Board - NI �
1N illiam F. Garci
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Robert D. Masden
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ougla Rademache
Minutes, August 20, 2007 2007-2645
Page 5 BC0016
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