HomeMy WebLinkAbout20073236.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 15, 2007
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, October 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
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, 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 October 10, 2007, as printed. Commissioner Jerke seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on October 9, 2007: 1) Violation Hearings; and on October 10, 2007: 1) USR#1617 -James
Warner, do Ryan Warner. 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 Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, SHERIFF'S OFFICE-CLINTON"BEN" RUSHING: Chair Long read the
certificate into the record, recognizing Clinton"Ben"Rushing for 25 years of service with the Weld County
Sheriff's Office. John Cooke, Sheriff, stated Mr. Rushing is well liked and respected by his co-workers.
Mr. Cooke stated Mr. Rushing is highly trained as an expert in drug recognition, a radar expert, and a field
sobriety expert, and he has trained many of the County's deputies. He wished him luck in his retirement.
Mr. Rushing stated he appreciates everyone coming today, and he has enjoyed the companionship of
those working at the Sheriff's Office. Chair Long thanked Mr. Rushing for his service.
2007-3236
BC0016
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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 $1,919,205.16
Electronic Transfers - All Funds $261,803.36
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT AND AUTHORIZE CHAIR TO SIGN(CON'T FROM 9/24/07)-TOWN OF JOHNSTOWN:
Don Carroll, Department of Public Works, stated the Board has a work session scheduled tomorrow
regarding this matter, and requested continuing the matter to Wednesday, October 17, 2007, to allow the
work session to occur prior to the matter being heard before the Board. Commissioner Masden moved
to continue said item to October 17, 2007, at 9:00 a.m. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD 128.5,
BETWEEN STATE HIGHWAY 71 AND COUNTY ROAD 149,AND A PORTION OF COUNTY ROAD 149,
BETWEEN COUNTY ROAD 124 AND COUNTY ROAD 128 SECTION LINE-MULTIPLE PETITIONERS
(CON'T FROM 10/08/07): Mr. Carroll stated this item of business was continued to today so that all five
Commissioners may attend, and the surrounding property owners have been contacted. He stated the
State has indicated it wishes to retain access to the parcels. In response to Chair Long, Mr. Carroll stated
there are multiple parcels on the route adjacent to the right-of-way, including land owned by the State, the
Cervi Ranch,and the Burns Ranch. Jim Coakley, representative of the Cervi ranch,stated the road travels
directly through the improvements on the Cervi ranch, and thefts have occurred on the property.
Mr. Coakley stated the other reason for the petition is for consolidation of the lots. There was no public
testimony. Commissioner Jerke stated he is ordinarily in favor of vacation, when it is something which
benefits the public; however, in this particular case he does not have a sufficient reason to approve the
vacation. He further stated he understands the property owners do not want the public on or near their
property; however, this is not a sufficient reason for him to grant the vacation. Commissioner Masden
stated the desires of the current land owners in the area are in opposition to the public good and public
access, and the public may have a greater need for access at some point in the future. He further stated
he is not in favor of granting the petition. Commissioner Rademacher concurred with Commissioners
Masden and Jerke's comments and stated land use in the future may be very different from the present
needs. Commissioner Garcia concurred with the other Board members statements, and moved to deny
said petition. Commissioner Jerke seconded the motion. Chair Long stated there are multiple parcels
on the property and even though they are currently owned by the same person, the situation has the
potential to change in the future and for the parcels to become isolated, and he does not wish to eliminate
this as an alternative route for property owners. There being no further discussion, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 42 BETWEEN CRS 41 AND 45 AND CR 43 BETWEEN
CRS 40 AND 44: Mr. Carroll stated this closure is for a culvert replacement at the intersection of County
Roads 42 and 43, and construction will commence October 29, 2007, and last through November 1, 2007.
He stated the appropriate signs and diagrams are in place. He stated the daily traffic count on the road
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is 190 vehicles; however, staff feels confident the appropriate measures have been taken to appropriately
reroute the heavy volume of traffic. Commissioner Masden moved to approve said temporary closure.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 46 BETWEEN CRS 1 AND 5 AND CR 3 BETWEEN CR 48
AND STATE HIGHWAY 56: Mr. Carroll stated this closure is for a culvert replacement at the intersection
of County Roads 46 and 3. He stated County Road 74 is a strategic roadway and is located east of Eaton,
and the daily traffic count is approximately 115 vehicles, and the proper signs are in place. Mr. Carroll
stated the closure will commence October 29, 2007, and last through November 1, 2007. Commissioner
Rademacher moved to approve said temporary closure. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 31 AND 33: Mr. Carroll stated this
closure is for a culvert replacement at the intersection of County Roads 31 and 33. He stated this is a
strategic roadway, located west of Eaton, and the daily traffic count is approximately 2,500 vehicles per
day. He further stated the closure will last approximately four days and detour routes have been arranged.
In response to Commissioner Masden, Mr. Carroll stated he does not know the culvert size; however, it
is not a box culvert. He stated he will have a staff member follow up with Commissioner Masden regarding
the size of the culvert. Commissioner Masden moved to approve said temporary closure. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R1356002)- ROCKY MOUNTAIN
CROSSROADS, LLC: Christopher Woodruff,Assessor,stated the 2005 and 2006 values were incorrectly
figured as development land, rather than agricultural land. He stated the 2005 refund amount is$1,532.22,
and the 2006 refund amount is$1,503.34. Commissioner Masden moved to approve said petition, based
upon staffs recommendation. Commissioner Rademacher seconded the motion, which carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R1356102)- ROCKY MOUNTAIN
CROSSROADS, LLC: Mr. Woodruff stated these are additional lots in the same subdivision and the
circumstances are the same as the last item, the land was mistakenly valued as development land, while
it should have been valued as agricultural land. He stated the amount of the refund for 2005 is$5,458.41,
and the amount of the refund for 2006 is$5,355.48. Commissioner Garcia moved to approve said petition,
based upon staff's recommendation. Commissioner Masden seconded the motion, which carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RIVER VIEW ESTATES, LLC:
Mr. Woodruff stated this property was double assessed, and the refund amount will be $1,307.98.
Commissioner Masden moved to approve said petition, based upon staff's recommendation.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CITY OF AURORA: Mr. Woodruff
stated the parcel was deeded to the City of Aurora, therefore, it is tax exempt. He stated the tax refund
amount will be $1,122.02. In response to Commissioner Masden, Mr. Woodruff stated the property is
located near the Fort Lupton Prairie Water Project and he gave the property address. Commissioner
Rademacher moved to approve said petition based on staff's recommendation. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WINDSOR RESERVOIR AND
CANAL COMPANY: Mr Woodruff stated this property is tax exempt and was mistakenly taxed, therefore,
a refund in the amount of $3,661.86 is recommended. Commissioner Masden moved to approve said
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petition, based upon staff's recommendation. Commissioner Garcia seconded the motion, which carried
unanimously.
CONSIDER AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN-
AIMS COMMUNITY COLLEGE: Dave Bressler, Paramedic Services, stated this agreement is a
continuation with Aims Community College, and the agreement will be reviewed each year rather than
automatically renewed, due to a Aims Community College policy change. Commissioner Masden moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,the motion
carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN-
MELISSA FOX: Commissioner Jerke moved to appoint Melissa Fox as a Deputy District Attorney and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: CommissionerJerke
moved to reassign Stacey Aurzada as the regular member representative and to appoint James Upward
as the alternative member representative, with terms to expire March 4, 2009, and March 4, 2010.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS TO AREA AGENCY ON AGING: Commissioner Garcia moved to approve
Roy Wardell to replace George Shovar and MaryEtta Moore, with terms to expire January 31, 2009.
Commissioner Rademacher seconded the motion, which carried unanimously.
SECOND READING OF ORDINANCE#2007-6, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS,CHAPTER 2 ADMINISTRATION,OF THE WELD COUNTY CODE: Commissoner
Masden moved to read said Ordinance by title only. Seconded by Commissioner Rademacher,the Motion
carried. Mr. Barker stated there is one content change and the others are typographical errors. He stated
the change is located in Section 2-2-10, on page 7 of the Ordinance, which addresses press releases.
Mr. Barker explained the Section will be modified to read as follows: "All press releases shall need prior
approval of the appropriate elected official prior to release,with the exception of those issued by the Office
of Emergency Management." Commissioner Long clarified the intent of the change is to enable the
Coordinator or Assistant Coordinator for each Department to sign press releases as needed. There was
no public input. Commissioner Rademacher moved to approve the second reading of Ordinance#2007-6.
Seconded by Commissioner Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-7, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE:
Commissioner Rademacher moved to read by title only. Seconded by Commissioner Jerke, the motion
carried unanimously. Mr. Barker stated there are no contextual changes from the previous reading, only
typographical errors and language updates to promote consistency throughout the Ordinance.
Commissioner Jerke moved to approve the second reading of Ordinance #2007-7. Seconded by
Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN
AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC: Chris
Gathman, Department of Planning Services, stated staff received a letter from Glenn Droegemueller, on
behalf of Eagle View Farms, LLC, requesting an extension of the requirements in the Weld County Code
which require that a Planned Unit Development (PUD) final plat be recorded within one year and that
construction commence within one year of approval of the final plan. Mr. Gathman stated the PUD is
located south of State Highway 392 and west of, and adjacent to, County Road 35. He explained the
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applicant has acquired an additional parcel north of, and adjacent to, the PUD and is considering
redesigning the PUD to include the recently acquired land, and possibly sharing drainage infrastructure
with the Ogilvy Ditch and Seeley Lake. Mr. Gathman stated staff is in support of the applicant's request
for extension. Commissioner Jerke moved to approve said request for a one year extension of the
deadline for the final plat to be submitted. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER REQUEST TO MODIFY CONDITIONS OF APPROVAL #1.B.9 AND #1.J, AND
DEVELOPMENT STANDARD#19 OF USE BY SPECIAL REVIEW PERMIT#1578-SHAWN SARCHET:
Michelle Martin, Department of Planning Services, stated the applicant has requested that Development
Standard #19 of Use by Special Review(USR) Permit#1578 be reduced from 175 to 130 employees and
guests per event. Ms. Martin stated if the number of employees and guests is reduced to 130, staff
recommends Condition of Approval#1.B.9 state"This facility shall adhere to the number of on-site parking
spaces indicated in Appendix 23-B of the Weld County Code. The total number of on-site parking for this
facility shall be 75 spaces, of which three (3)shall be a van accessible handicapped parking stall meeting
all of the requirements as set forth in the Americans with Disabilities Act. Further, the applicant shall
delineate curb stops for the parking spaces shown on the USR plat." She stated the Department is in
support of both requests made by the applicant. Char Davis, Department of Public Health and
Environment, stated the reason for the changes is due to the size of the septic system, and the applicants
are interested in utilizing less than 2,000 gallons per day. Ms. Davis stated the Department recommends
deletion of Condition of Approval #1.J which reads: "The water system shall comply with the Colorado
Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the Regulations.
Alternatively,the applicant can provide evidence that they are not subject to these requirements. Evidence
of such shall be submitted to the Weld County Department of Planning Services." She stated the
Department is recommending changing the language to state Condition of Approval #3.C must be
completed prior to the Certificate of Occupancy being issued, rather than prior to recording the plat.
Ms. Davis explained this change will allow the applicant to record the plat and obtain the necessary building
permits to continue construction, and the applicant cannot resolve the water issue without this change
being made. In response to Commissioner Jerke, Ms. Davis explained the requirement of 15 gallons of
water per day, per person, is determined by the State. Commissioner Jerke further inquired if there is a
distinction made by the State between general domestic use and a wedding or similar event, and does a
store, such as Waimart, have this kind of requirement. In response to Commissioner Jerke, Chair Long
stated it is the same requirement for the New Raymer Community Center, and the Community Center is
treated by the State as though it may be used 24 hours a day, seven days a week. In response to
Commissioner Jerke, Mr. Barker stated the State standards are set, unless there are extraordinary
circumstances. Commissioner Jerke stated exceptions have been made for churches in the past.
Mr. Barker stated extraordinary circumstances may include the type of use which will realistically occur.
He stated he does not like to deviate from the State standards; however, if the Board determines this is
an extraordinary circumstance,they should consider deviating. Joe Engels, representative of the applicant,
stated he has been frustrated with the process of meeting the design standards, since they do not seem
to always make sense; however, the applicant is in agreement with the reduction to 130 people.
Mr. Engels stated an enormous system has been designed, including a 5,000-square-foot leech field and
3,750-gallon septic tank. He stated the applicant is willing to abide by the State design standards in order
to proceed with the project. In response to Commissioner Jerke, Mr. Engels stated he does not believe
the reduction in the number of people permitted will adversely affect the business. Commissioner Garcia
stated many weddings are larger than 200 people. Commissioner Jerke moved to strike all of the
language concerning the septic requirements and the limitations on the number of people allowed from
the Resolution. Chair Long stated if the language is stricken, the Resolution will revert back to
accommodations for 175 people. Ms. Davis said if the language is removed, the applicant will be required
to work with the State and to go through a Site Application process, which make take as a long as a year
Minutes, October 15, 2007 2007-3236
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Jerke stated the facility can accommodate far more than 130 people. In response to Commissioner
Rademacher, Mr. Barker stated the County cannot be considered negligent if this Resolution is approved,
since approving the request is in alignment with the State standards. Commissioner Jerke withdrew his
previous motion and moved to approve said request, as written. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER RESCINDING RESOLUTION #2007-2034, DATED JULY 16, 2007, AND AUTHORIZE
ABATEMENT OF DANGEROUS BUILDING- RICHARD GERSTENBERGER: Mr. Barker explained this
Resolution will accomplish what was initially intended. Commissioner Garcia moved to rescind Resolution
#2007-2034 and authorize abatement of dangerous building. Seconded by Commissioner Jerke, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2007-6 and #2007-7 were 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.
There being no further business, this meeting was adjourned at 10:10 a.m.
r.y-- BOARD OF COUNTY COMMISSIONERS
✓ "�' WECOUNTY, COLORADO
ni ATTEST: �� ; i h; i
iii ��' David E. Long, Chair
Weld County Clerk to the Bo �
Williarrh H. e, Pro-Tem
BY. V/ —
De ty Cle to the Board
Iliam F. Garcia
Robert D. Masden
oug as Radem cher
Minutes, October 15, 2007 2007-3236
Page 6 BC0016
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