HomeMy WebLinkAbout20073708.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 10, 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, December 10, 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 December 5, 2007,as printed. Commissioner Jerke seconded the motion, and
it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Masden moved to read Code Ordinances # 2007-14,
#2007-15, #2007-16, and #2007-17 by tape. Commissioner Jerke seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Jimmie Wolfrum, Weld County resident, stated he lives south of the intersection of
County Roads 57 and 72, where a serious traffic accident occurred on Thursday, December 6, 2007. He
displayed photos of the intersection, and surrounding area, marked Exhibit A, and read his letter into the
record, marked Exhibit B. He stated he has been present at previous meetings when the Department of
Public Works has claimed there are no sight obstructions at the intersection; however, he does not believe
the claim to be true. He requested the Board place stop signs at the intersection of County Roads 57
and 72.
Sharon Wolfrum, Weld County resident, stated she has previously had several discussions with Scot
Lewis, Department of Public Works, regarding her concerns about the intersection of County Roads 57
and 72. Ms. Wolfrum read her letter into the record, marked Exhibit C, and reiterated she has requested
that a stop sign be placed at the intersection at several hearings before the Board. She emphasized and
reiterated her request to the Board that stop signs be placed at the intersection of County Roads 57
and 72.
2007-3708
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George Hypes, Greeley resident, stated he is very concerned regarding the intersection of County
Roads 57 and 72, and confirmed that Ms. Wolfrum, a surrounding property owner, is his daughter,
therefore, he utilizes the intersection on a frequent basis. He read his letter into the record, marked
Exhibit D,and stated if the Board has listened to the previous recommendations presented by Weld County
citizens, it is likely that the fatal traffic accident would not have occurred. He requested that the Board
authorize the placement of stop signs at the intersection immediately.
Chair Long expressed his appreciation for the input provided, and stated the Board will consider the
requests presented today; however,formal action may not yet be taken since notice of the matter was not
provided through the publication of the agenda.
CONSENT AGENDA: Commissioner Jerke 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.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,602,330.32
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER ADOPTION OF ARTICLES OF ASSOCIATION OF THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS; APPROVE PAYMENT OF ANNUAL ASSESSMENT IN ORDER TO BECOME A
MEMBER OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS, AND APPROVE REVISION
OF THE BOUNDARIES OF THE METROPOLITAN PLANNING AREA (CON'T FROM 12/3/07): Drew
Scheltinga, Department of Public Works, stated after a lengthy discussion within a previous work session,
the Board concurred to remove the reference of Weld County becoming a member of the Denver Regional
Council of Governments. He clarified the support of the Board is limited only to the issue of revising the
boundaries of the Metropolitan Planning Area, and Bruce Barker, County Attorney, has drafted a
Resolution with the necessary new language. He stated the new language has not yet been finalized by
the attorney representing the Council of Governments,therefore, he requested a continuance of the matter
until Wednesday, December 12, 2007. In response to Commissioner Rademacher, Mr. Barker stated the
the original Resolution, continued from December 3, 2007, contained language regarding Weld County
joining the Council of Governments; however, the Board concurred that Weld County only desires to
provide input regarding transportation planning. Responding to Commissioner Masden, Mr. Scheltinga
stated only a small portion of Weld County is located within the boundaries for the Denver Regional Council
of Governments MPO,and Weld County also belongs to the North Front Range MPO,which encompasses
a majority of Weld County. Chair Long commented he believes the current Resolution should be denied,
and then the Resolution containing the amended language may be presented to the Board at a future
meeting. The Board concurred with Chair Long, and Commissioner Masden moved to deny said
resolution. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE THE CHAIR TO SIGN -J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Bruce Barker,
County Attorney, stated the application is for the annual dance license,which is issued on a calendar year
basis, and he clarified the Board will most likely receive several applications in the upcoming weeks. He
Minutes, December 10, 2007 2007-3708
Page 2 BC0016
stated a referral was not sent to the Sheriffs Office; however, the liquor license for this establishment was
recently approved, and the Sheriff's Office did not indicate serious concerns at that time. Commissioner
Garcia moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE THE CHAIR TO SIGN-SIPRES LOUNGE, INC., DBA SIPRES LOUNGE: Based upon the
previous discussion, Commissioner Rademacher moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - US BANCORP EQUIPMENT
FINANCE GROUP: Christopher Woodruff, Assessor, stated the property was listed on the declaration as
inactive; however, it was not removed from the 2006 tax roll. He stated the original assessed value was
$12,680.00,which creates a refund in the amount of$1,248.58. Commissioner Masden moved to approve
said petition, based on staff's recommendation. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JUDITH MEYER: Mr. Woodruff
stated the petition is for years 2005 and 2006, and the property is a partial property directly adjacent to the
petitioner's residential lot. He stated the lot was fully valued and it should have been a partial value since
the lot is non-buildable. He stated the correction to the assessed valuation is in the amount of$17,720.00,
creating a refund in the amount of$1,393.86 for the year 2005, and a refund in the amount of$1,358.74
for the year 2006. Commissioner Rademacher moved to approve said petition, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-MARTIN LIND: Mr.Woodruff stated
the petition is for year 2005, and a large building on the property was originally valued as an outbuilding.
He stated staff has received information that the building is utilized as a residential garage, therefore the
building will be assessed at the residential rate. He stated the correction to the assessed valuation, in the
amount of $67,620.00 will result in a refund of $5,605.64. In response to Commissioner Jerke,
Mr. Woodruff stated the building is valued at $692,883.00, and there are residents which live within a
portion of the garage. Commissioner Masden moved to approve said petition, based on staff's
recommendation. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT CONTRACT FOR
COUNTY ROAD 2 (PHASE II) AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated a
one-million-dollar grant was awarded to Weld County, in conjunction with Adams County, for the second
phase of improvements to County Road 2. He stated the County also received a grant, in the amount of
$940,000.00,for phase one improvements,therefore,a total of$1.94 million will be received from the State
to complete improvements along County Road 2. Commissioner Masden stated great collaboration has
existed with Adams County for this project, and he moved to approve said contract and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR PARTIALLY SELF-FUNDED PROGRAM AND AUTHORIZE CHAIR TO
SIGN-COLORADO COUNTIES CASUALTY AND PROPERTY POOL: Mr.Warden stated the agreement
is for insurance coverage for the year 2008, and the County will pay$271,194.00 for a partial self-insured
program. He stated the amount is similar to the amount paid for the year 2007. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
Minutes, December 10, 2007 2007-3708
Page 3 BC0016
FIRST READING OF ORDINANCE #2007-14, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Brad Mueller,
Department of Planning Services, provided an outline, marked Exhibit A, which gives a brief description
of the changes to be made to Ordinances#2007-14 through#2007-17. He gave a summary of the Code
references which identify the review criteria for the Ordinances, and he gave a brief description of the
notice requirements. Mr. Mueller described the history of the proposed changes, including a work session,
Planning Commission hearing, which was continued for further discussion, and three readings before the
Board of County Commissioners. In response to Mr. Mueller, Commissioner Jerke stated he would prefer
to set up a work session so that the proposed changes may be discussed in detail before the second
reading, and the Board concurred. In response to Chair Long, Mr. Mueller reviewed Exhibit A for the
record, discussing changes to Group Home Facilities, Railroad Freight Depots(Railyards), the process of
notification to mineral rights owners, clarification of mining definitions, utilization of Improvements
Agreements, temporary facilities for the sale of fireworks and Christmas trees, massage parlors, Urban
drainage criteria, and temporary batch plants. In response to Chair Long, Mr. Barker stated the second
reading of the Ordinances will need to be continued in order to allow time to schedule a work session in
which all members of the Board may be present before the second reading.
Dean Secord,Weld County resident,stated he lives southeast of the City of Fort Lupton,and he expressed
his concerns regarding changes to Appendix 23-F, through Ordinance#2007-14. He stated the Planning
Commission requested input from Union Pacific Railroad (UPRR)regarding the proposed changes at the
Planning Commission hearing; however, the Planning Commission did not seek input from residents
affected by the proposed changes. He further stated he requested a copy of the document which was
provided to UPRR so that he could determine the input provided by the railroad company; however, he has
not yet received a copy. Mr. Barker stated he will provide a copy of the requested document to Mr. Secord.
Mr. Secord stated if the freight railroad yard standards are considered separately from the industrial
standards,the railroad companies will invoke the Interstate Commerce Clause, and he believes the freight
railroad yard standards do not have enough substance. Mr. Secord referred to a document he created,
and stated he is not sure if freight railyard standards are inclusive of industrial standards. He stated his
concerns regarding site orientation and other concerns listed in his document. Commissioner Jerke stated
he is having a hard time following along with Mr. Secord's presentation, and in response, Mr. Mueller
suggested obtaining the written notes from Mr. Secord, and staff will review Mr. Secord's concerns prior
to the work session with the Board. Chair Long stated the work session will be open to the public, and
invited Mr. Secord to attend the work session. Commissioner Masden instructed Mr. Secord to provide
his written comments to Mr. Mueller for review, and his comments will be incorporated into the work
session. Mr. Secord requested the Board to seek additional public input from local citizens affected by the
proposed UPRR facility, and stated he has heard that Burlington Northern Santa Fe may have plans for
expansion within the near future. In response to Mr. Secord, Mr. Barker stated the input was provided by
UPRR because the Planning Commission requested the input. He further stated there is no current
indication that other facilities will be affected by the proposed changes to the regulations. Chair Long
expressed his appreciation to Mr. Secord for his comments. Mr. Secord requested that Commissioners
Garcia and Rademacher attend a meeting to gain public input from citizens regarding the proposed
changes. Commissioner Garcia stated he is willing to set up a meeting time to meet with area residents,
preferably before the second reading of the Ordinances are held. Commissioner Jerke moved to approve
Ordinance #2007-14 on first reading. Seconded by Commissioner Masden, the motion carried
unanimously.
FIRST READING OF ORDINANCE #2007-15, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Based upon the
previous discussion, Commissioner Rademacher moved to approve Ordinance#2007-15 on first reading.
Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, December 10, 2007 2007-3708
Page 4 BC0016
FIRST READING OF ORDINANCE #2007-16, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE:
Commissioner Garcia moved to approve Ordinance #2007-16 on first reading. Seconded by
Commissioner Rademacher, the motion carried unanimously.
FIRST READING OF ORDINANCE #2007-17, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to approve Ordinance#2007-17 on first reading. Seconded
by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF#1089-MBM ENTERPRISES, LLC/BRAVO INTERESTS, LLLP: Kim
Ogle, Department of Planning Services, stated staff has received an amendment to the existing collateral
for PF#1089, Sierra Acres PUD. He stated the replacement collateral, in the amount of$46,487.00, will
be retained for a one-year period to serve as a warranty for the completion of all on-site improvements.
Don Dunker, Department of Public Works, stated Sierra Acres PUD is a nine-lot subdivision located at
County Roads 392 and 27, and the internal road is paved and will be maintained by the County.
Commissioner Rademacher moved to approve said partial cancellation and release of collateral.
Seconded by Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: Ordinances#2007-14, #2004-15,#2007-16, and#2007-17 were
approved on first reading. The resolutions were presented and signed as listed on the consent agenda.
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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
W CONY, LORADO
ATTEST: 1 onejet /� T� ELM,M d.\\J w
��u avid E. Long, Chair
Weld County Clerk to the Board 1861 .'�a ,, --11 _�
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• William H. Jerke, Pro-Tem
BY: \'
Deputy CI to the Board (471:5
W . m F. Garcia
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Robert D. Masden
Dougl s Radem cher
Minutes, December 10, 2007 2007-3708
Page 5 BC0016
EXHIBIT
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December 10, 2007 ,`. 8,
Jimmie L. Wolfrum
34505 County Road 57
Gill,CO 80624
970-454-3477
I live one half mile south of the intersection of County Roads 57 and 72. Yesterday my
daughter and I took some pictures of various views of that intersection. That is where Mr.
Reyes-Rosales died last Thursday and the lives of those left behind forever changed.
All of the pictures were taken from inside my 1991 Park Avenue Buick or were taken from
the same vertical height as the drivers view from inside the Buick.
The first 5 pictures are looking to the north as an unknown minivan travels east through the
intersection and disappears from sight, behind the slight hill and oil tank.
The next 6 pictures are of me following the dead man's last path,emerging out of nowhere,
traveling west towards the intersection. If his car had been as tall as mine, this is what it
may have looked like to the other vehicle traveling north before the accident.
The next 9 are what his deadly path may have looked like from the north. Notice how I
come in and out of view. My Buick is a full size car. What must a small car look like? One
such as the Nissan or Toyota he was riding in. I really couldn't tell from what was left.
What if there was a corn field there instead of low growing crops? Notice how the field is
higher than either of the roads.
The next 8 are what the driver was looking through as he approached the intersection. He
may have like me, looked to the south,then north, then south,then north,then south,then
north. At this point, had there been a stop sign, he would have looked twice again and
waited for the other vehicle to pass as in the last 7 pictures. Instead, he crossed, collided
with another vehicle,and Mr. Reyes-Rosales is now dead.
The Weld County Department of Public Works claims that there are no visual obstructions
to block the view as drivers approach the intersection. Clearly this is not true. If you are
driving anything lower than a full-size pickup or SUV,you are an accident waiting to happen.
How is it that a"senior Traffic Engineer" can not gather the data that I,a dumb grease
monkey and farmer, with the help of my 12 year old daughter,gathered yesterday?
I think it has something to do with actually caring enough to leave a climate controlled
office and drive to the location to do an actual study.
How many more dying people will I have to help pull from the wreckage and helplessly
witness their injuries and death before two simple stop signs can be installed?
ckw.
December 10,2007
To Whom It May Concern: ` .4A
Today, I speak on behalf of my neighbors and Edmundo Reyes-Rosales. Mr. Reyes-
Rosales died Thursday, as a result of injuries sustained in a car accident at the
intersection of Weld County Roads 57 and 72. I never met him. However, Thursday I
watched helplessly as my neighbor desperately tried to save his life. His face is etched in
my mind, because I watched as he lay dying on the ground in front of me. I will also
forever carry with me the image of an 8-year old little girl lying on the side of the road
where she landed when she was thrown from her father's truck. I covered her with the
blanket I carry in my car, and prayed that she would not die also. Her father, dazed and
confused, frantically tried to call his wife with the horrible news. A fourth person,
bloody and battered, struggled to get out of his mangled car,watching numbly as this
unfolded around him. At some point, I looked up and realized that there were too many
cars around for me to count, and that Air Life was landing in my neighbor's field. When
the ambulances finally began to leave, and Mr. Reyes-Rosales was carried to the
helicopter, I realized I could do no more at the intersection. I drove to school, and taught
my high school students in a state of shock and disbelief. It was one of the saddest and
most surreal days of my life.
I'm sure you remember me. I have been asking that a stop sign be placed at this
intersection since April. I have spoken before this board on 4 prior occasions, and was
asked to leave this room in July,when I lost my temper about the apparent lack of
understanding about this situation. I have been told countless times, in meetings and on
the phone, action would be taken regarding this. You,the Weld County Commissioners,
directed the Department of Public Works to complete a current traffic study of this
intersection. I have been lied to,too many times, and told that such a study has been
completed. It has not. There are not current traffic numbers for this intersection. I
should know. I live only a half-mile from it. I know that there has not been a traffic
count on road 57 since August 2006.
Let me remind you of a few facts in this situation. The Cockroft Dairy was completed
late summer of 2006. They requested a USR to "expand"their use-by-right dairy to a
total of 4500 cows. Because this USR was looked upon as an "expansion" of an
"existing" dairy,Public Works did not feel that the"increase in traffic volume from the
expansion"would merit a stop sign at that intersection. No one acknowledge the fact that
this entire dairy was a brand new operation. The August 2006 traffic count on road 57
took place before the dairy was even close to full production. Therefore,the traffic count
figures that were used to determine the need for a stop sign are seriously flawed. Perhaps
more important,this is the only uncontrolled intersection in the entire area. Many people
who regularly pass through the intersection are under the impression that there is a stop
sign for people "going the other way". They are shocked when we point out the truth to
them.
In July, I read this statement: "we are not traffic engineers, nor are we government
officials. We are simply local residents who are concerned for the safety of ourselves and
our neighbors. We dread the day when one of our neighbors, or one of us, is involved in
a terrible accident at that intersection. The volunteer firefighters who respond will have
to treat one of their friends. The families of all involved will have to deal with horrific
emotions. Hindsight will be of no good at that point. We feel that our request for traffic
safety interventions have been brushed aside. We hope no one will regret this." I could
not have known how soon this prediction would come true. My friend and neighbor,
Wendy Rogers, an EMT, was the first person on the scene Thursday. My husband was
the second. I was the fourth. The only thing that could have made this worse for us
would have been the death of more than one of the accident victims. Those of us who
responded to this wreck will never forget it. The lives of many families are forever
changed.
I am a careful person,who does my research, and bases my decisions and actions on data
and facts. If you asked my students and my family,they would tell you that I am a
person who is used to being right. Why did I have to be right about this? It breaks my
heart that I am standing before you today to say"I told you so." How many more times
will I have to be right before you put a stop sign at that intersection?
Sincerely,
Sharon M. Wolfram
34505 WCR 57
Gill, CO 80624
December 9. 2007 B =
TO: Dave Long and the Weld County Board of Commissioners iD
RE: The need for stop signs at the intersection of Weld County Roads 57 and 72 's ka'4- - '4�e �"=
Gentlemen:
There has been considerable discussion about whether stop signs should be installed at the inter-
section of Weld County Roads 57 and 72. You as county commissioners seem to be depending upon what
a pair of air hoses laid across the road counting vehicles tell you rather than what the residents
tell you who live there and see what goes on every day at that intersection. They see what a pair
of air hoses will never tell you. Your citizens have told you that this is a very dangerous inter-
section and you have chosen to disregard their evaluations in favor of what air hoses tell you. At
this time, it is tragically true that the citizens' evaluations are far more reliable than your
staff evaluations and their air hoses.
We now have a fatality and a serious injury of a man. We also have a miraculous lack of injury to a
little girl who was thrown a long distance and fortunately landed on a fresh. soft pile of dirt left
by the county road grader along the west edge of Weld County Road 57 that probably saved her life.
This accident did not make that intersection safer. It is still just as dangerous. Why does it not
qualify for a stop sign when apparently All OTHER INTERSECTIONS IN THE AREA have stop signs? How
can all those other intersections qualify for stop signs and this one cannot? Where is the logic?
Now, let's talk about money. I do not know how much it would cost to put in stop signs at the
intersection of Weld County Roads 57 and 72. However, please consider these things:
Would signs have cost less than the helicopter service to this accident?
Would signs have cost less than the ambulance service to this accident?
Would signs have cost less than the damage to that pickup?
Would signs have cost less than the damage to that automobile?
Would signs have cost less than the time of the two Colorado State Patrolmen who analyzed the
accident and the accident scene?
Would signs have cost less than all the time that all the people spent in your County Commissioners'
offices trying to convince you that this is a dangerous intersection that needs stop signs?
Would signs have cost less than the funeral expenses for Edmundo Reyes-Rosales who died?
Would signs have cost less than the medical care for Olvin Sigueroa-Reyes?
Would signs be less expensive than the emotional trauma of everybody involved in this terrible
situation? In fact, how can you put a price on the emotional turmoil that this caused many people
who were involved?
Would signs have prevented this accident? No one knows. But there is every likelihood that this
deadly accident would not have occurred if you had listened to the recomendations of your citizens
who live near this accident scene and know about it and if you had followed their advice and
installed stop signs.
I hope this time you do what your Weld County residents of the area have been recommending and
pleading for you to do. Please do not endanger any more lives by wasting additional time and money
on studies. Please put stop signs at that intersection immediately. Thank you.
r q7
George P. Hy es
3011 West Fifth Street
Greeley, CO, 80634-5522
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