HomeMy WebLinkAbout20070576.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 5, 2007
TAPE #2007-05
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, March 5, 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-Tern
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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of February 28, 2007, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on February 28, 2007,as follows: 1)PF#600, Distant Thunder PUD-JZM, LLC/John Zadel,
c/o Doug Graff; and 2)AMPF#632, Cottonwood Falls PUD-GKD, LLC,do GaryDejohn. Commissioner
Garcia seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Long added New Item of Business#14 Consider Reappointments
to Child Protection Citizen Review Panel
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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.,
2007-0576
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $573,803.37
Electronic Funds $119,529.00
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 18 BETWEEN WCRS 23 AND 25: Wayne Howard,
Department of Public Works,stated the temporary closure of Weld County Road 18,between Weld County
Roads 23 and 25, is requested to perform replacement of a culvert. In response to Commissioner Jerke,
Mr.Howard stated the detour route for gravel trucks will be to direct them along Weld County Road 25 and
west on Weld County Road 20.25,and it is the only alternative route available. CommissionerJerke stated
the Department may need to consider dust abatement measures. Commissioner Masden moved to
approve said closure. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER ARTERIAL ACQUISITION AGREEMENT FOR WCR 13 AND STATE HIGHWAY 52 AND
AUTHORIZE CHAIR TO SIGN-TOWN OF FREDERICK: Mr. Howard stated the agreement will allow the
Department of Public Works to acquire right-of-way necessary to perform road construction, and the
property will be given back to Town of Frederick by means of a quit claim deed when the construction is
complete. In response to Commissioner Rademacher, Mr. Howard stated the arterial acquisition is for the
relocation of a traffic signal from Colorado Boulevard to the intersection of State Highway 52. In response
to Commissioner Masden, Mr. Howard stated Weld County Road 13 will be relocated to the east.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR INTERSECTION IMPROVEMENTS FOR WCR
13 AND STATE HIGHWAY 52 AND AUTHORIZE CHAIR TO SIGN-TOWN OF FREDERICK: Mr.Howard
stated the agreement delineates the cost sharing for Weld County and the Town of Frederick for the
construction project on Weld County Road 13 and State Highway 52. Commissioner Rademacher moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER PURCHASE OF EQUIPMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - DYER
EQUIPMENT COMPANY: Mr.Warden stated the equipment is a snow blower which has been tested and
inspected by County mechanics and they have verified there are parts available for the unit. He stated used
equipment must be approved through the Board, and the cost will be $50,000.00. He stated the snow
blower will be more effective than bulldozers and front-end loaders at removing snow, particularly in the
northern part of the County. Commissioner Jerke moved to approved said agreement and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES(P0014846)-DIAMOND SHAMROCK
STATIONS, INC.: Chris Woodruff,Assessor, stated this matter is being addressed throughout the state
and multiple counties,including Weld,and will be consolidated into a single district court hearing;therefore,
denial of the petition is recommended. There was no representative of Diamond Shamrock Stations, Inc.,
present. In response to CommissionerJerke, Mr.Woodruff stated if approved the petition would be given
to the tax administrator for approval,and if approved the petitioner would receive a refund for tax year 2004.
Minutes, March 5, 2007 2007-0576
Page 2 BC0016
Commissioner Jerke moved to deny said refund, based on staff's recommendation. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES(P0009071)-DIAMOND SHAMROCK
STATIONS, INC.: Mr. Woodruff stated this is the same situation as the last petition; however, it is for
another location. He stated it has been consolidated in the statewide litigation regarding taxes in 2004.
There was no representative of Diamond Shamrock Stations, Inc.,present. Commissioner Masden moved
to deny said refund,based on staffs recommendation. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TPI PETROLEUM, INC.:
Mr.Woodruff stated this petition is the same situation as the last two petitions; however,there is different
ownership involved. He explained TPI Petroleum, Inc.,is part of the Diamond Shamrock group;therefore,
it will be considered in the statewide litigation and denial is recommended. There was no representative
of TPI Petroleum, Inc.,present. Commissioner Rademacher moved to deny said refund, based on staff's
recommendation. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- PETRO-CANADA RESOURCES
(USA) INC., C/O LOGAN AND FIRMINE, INC. : Mr. Woodruff stated this is regarding the valuation of
production of an oil well, and there was an input error made at the Assessor's Office; therefore, approval
is recommended. He stated the original value was$215,314.00 and the corrected value is$135,314.00,
which is an abatement of$80,000 in value. There was no representatives of Petro-Canada Resources
(USA) Inc., present. Commissioner Garcia moved to approve said refund, based on staff's
recommendation. Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN-YE'O JR., INC., DBA BOLDT IN GRILL: Bruce Barker, County Attorney,
stated the Sheriffs Office has no concerns regarding this renewal application. There was no representative
of Ye'o Jr., Inc., present. Commissioner Garcia stated a request for renewal was continued last week in
order to attend a work session prior to making a determination,and recommended doing the same with this
application. In response to CommissionerJerke,Mr. Barker stated the expiration date on this license is April
11,2007;therefore,there is sufficient time to continue the matter. Commissioner Garcia moved to continue
the matter to March 12, 2007. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT(VALE)GRANT FOR
DISTRICT ATTORNEY VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN:JoAnn
Holden, District Attorney's Office, stated this is the application for the largest grant the Victim's Witness
Assistance Unit generally receives throughout the year. Commissioner Masden moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Rademacher,the motion carried
unanimously.
CONSIDER STATEMENT OF GRANT AWARD AND CERTIFICATE OF COMPLIANCE FOR DOMESTIC
VIOLENCE FAST TRACK PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Holden stated this is
another funding source for the Victim's Witness Assistance Unit. She explained this is a Violence Against
Women's Act grant and it originates from federal funds. Ms. Holden further stated the grant has already
been awarded and she requested that the Board accept the funds. Commissioner Rademacher moved
to approve said grant award and certificate of compliance, and authorize the Chair to sign. Seconded by
Commissioner Jerke the motion carried unanimously.
CONSIDER APPLICATION FOR VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FOR
VICTIM SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN:Suzi Cvancara,Sheriffs Office,stated this
Minutes, March 5, 2007 2007-0576
Page 3 BC0016
is an application for a grant to continue funding for the Victim Services Unit available through the Sheriffs
Office and eight other jurisdictions within Weld County. Commissioner Masden moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER VETERAN'S SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN-DECEMBER,2006: Mr.Warden stated these reports are routinely
completed in order to receive$200.00 each month from the State. Commissioner Rademacher moved to
approve monthly report and certifications of pay, and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner
Jerke moved to reappoint Tracey McCoy and David Lawton to said board, with terms to expire
March 4, 2010. Commissioner Rademacher seconded the motion, carried unanimously.
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#1568-PEDRO SAUCEDO: Don Carroll, Department
of Public Works, stated this is an Improvements Agreement to provide road base and fencing. He stated
staff has reviewed the costs for the road base and determined it is reasonable, and staff recommends
approval. Monica Mika, Director of Planning Services,stated staff has reviewed the costs for the fencing
and has determined the allocations to be appropriate, and staff recommends approval. Commissioner
Jerke moved to approve said agreement,authorize the Chair to sign,and accept collateral. Commissioner
Masden seconded the motion, which carried unanimously.
SECOND READING OF ORDINANCE#2007-1, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 5 REVENUE AND FINANCE,
CHAPTER 22 COMPREHENSIVE PLAN,CHAPTER 23 ZONING,AND CHAPTER 24 SUBDIVISIONS,OF
THE WELD COUNTY CODE : Commissioner Masden moved to read Ordinance #2007-1 by title only.
Comm issioner Jerke seconded the motion,which carried unanimously. Mr Barker read the Ordinance into
the record. Brad Mueller, Department of Planning Services,stated the proposed changes were discussed
at first reading and during the work session,and he reviewed the four proposed changes for second reading
of Ordinance 2007-1. He stated the first item is a clarification of Section 23-3-40.0 regarding commercial
vehicles in A(Agricultural)subdivisions,which will add the phrase"when used as a personal storage unit".
He stated the next item is the elimination of the words "signs relating to public elections" and the last
sentence of the paragraph,which reads,"In no case shall the signs be allowed to stay longer than one(1)
year"from the definition of Temporary Signs under Section 23-4-75 of the Code. He stated the third item
is a clerical correction to Appendix 23-C to allowfreestanding signs in theA(Agricultural)Zone District,and
the final item is the elimination of prior revisions to Section 29-3-20.B.13, which refers to agricultural
buildings in the A(Agricultural)Zone District being exempt from building permits. There was no public input.
Commissioner Jerke noted in Section 2-9-100 it states, "this is a policy decision", which does not seem
necessary. Mr. Barker concurred with Commissioner Jerke. He stated those words could be removed
from the Ordinance. Commissioner Jerke moved to remove the words "this is a policy decision" from
Section 2-9-100. Commissioner Rademacher seconded the motion, which carried unanimously.
Commissioner Masden moved to approve Ordinance 2007-1 on second reading with amendments.
Seconded by Commissioner Garcia, the motion carried unanimously. (Clerk's Note: Amendments to
Section 29-3-20.B.13 are reflected in Ordinance #2007-2.)
Minutes, March 5, 2007 2007-0576
Page 4 BC0016
SECOND READING OF ORDINANCE#2007-2, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, AND CHAPTER 29 BUILDING
REGULATIONS, OF THE WELD COUNTY CODE: Commissioner Masden moved to read Ordinance
#2007-2 by title only. Commissioner Garcia seconded the motion,which carried unanimously. Mr. Barker
read the Ordinance into the record. Brian Horgen, Department of Planning Services,stated the proposed
changes have been discussed at a work session. In response to Commissioner Jerke, Roger Vigil,
Department of Planning Services, stated in Section 29-2-110, the language regarding mobile home
installation standards will be changed to read "any mobile or manufactured home located in or relocated
within the County shall bear a Housing and Urban Development (HUD) label and meet the following
installation standards". CommissionerJerke moved to add the proposed language to the Section 29-2-110.
Commissioner Rademacher seconded the motion, which carried unanimously. Mr. Horgen stated staff
wants to leave the requirement for the depth of waterlines at 42 inches,as recommended by the Planning
Commission. Commissioner Garcia moved to delete the amendments to Section 29-2-50.D and keep the
text as currently reflected in the Code. Commissioner Masden seconded the motion, which carried
unanimously. Regarding Section 29-2-80, Mr. Barker stated the Building Department staff wants to stay
with 1997 Uniform Code,rather than adopt the International Code for the Abatement of Dangerous Buildings.
Commissioner Jerke moved to remove the sections of Code regarding adopting the International Code for
the Abatement of Dangerous Buildings, based on staff's recommendation,starting with Section 29-2-80.
Commissioner Rademacher seconded the motion,which carried unanimously. In response to Chair Long,
Mr. Vigil stated the proposed fee schedule needs to be considered. In response to Commissioner
Rademacher, Mr. Mueller stated the fees proposed for consideration are only building fees. He stated there
are no impact nor review fee changes proposed. He further stated Exhibit A was only provided to the Board
for informational purposes and there is no action required regarding it. Mr.Vigil clarified there is an increase
in building fees to be considered. Chair Long suggested approving the second reading,without the building
fees. Commissioner Jerke stated the public should be aware of the fees through publication prior to
approval. Mr. Barker stated additional fees do not need to be republished, since, if added today, the
Ordinance will be published again for second reading, which would give the public a chance to respond.
Commissioner Jerke stated the fees were not included with the first or second readings; therefore, the
Board should only address what is presented before them, and address the proposed fee increases at a
later time. Mr. Barker stated the Board is able to continue in that manner or the County could readvertise
with the proposed fee changes and delay the second reading two weeks. Ms. Mika stated the information
presented is two pronged. She stated one prong is the proposal to modify the building fee schedule and
it is not in text today;however,it was proposed to the Planning Commission. She further stated the Board
should have seen two Resolutions,one regarding modifications to the fee structure found in Chapter 5 of
the Code, and one regarding the information addressed today. She explained the fee schedule was
included; however, it is not in the text of the presented proposed Ordinance changes. Mr.Warden stated
the Ordinance does include an amendment to Appendix 5-Kin Chapter 5, Building Permit and Electrical
Permit Fees. He explained appendices are not ordinarily published with Ordinances. Commissioner Jerke
stated he believes the County should consider published appendices in the future so the public can view
proposed fee changes. Commissioner Jerke stated the Board has two options,which are to remove the
portion of the Ordinance related to fees or to start over with the Ordinance. In response to Chair Long,
Mr. Warden stated he believes proposed Ambulance Fee Schedules are typically published. Chair Long
stated the County should remain consistent regarding publishing fee schedules. Commissioner Jerke
moved to strike the reference to Appendix 5-K and all provisions dealing with fee schedule changes, and
instructed staff to monitor that the correct changes are made to the Ordinance. Commissioner Garcia
seconded the motion. There was no public input. Commissioner Jerke moved to approve Ordinance
#2007-2 on second reading, with the approved amendments. Seconded by Commissioner Masden, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2007-1 and Ordinance #2007-2 were approved on second readings.
Minutes, March 5, 2007 2007-0576
Page 5 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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
e���� WEL UNT COLORADO
ATTEST: iu /p�//vi _ Elated Cc
David E. Long, Chair
Weld County Clerk to the Boat "iv 2-7
«z71 William H. r , Pro-Tern
4)
1 y .� /
Depu Clerk the Board
Willi F. Garcia
\1\-
Robert D. Masden
ouglas R demache
Minutes, March 5, 2007 2007-0576
Page 6 BC0016
Hello