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Home My WebLink About20071784.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 25, 2007 TAPE #2007-18 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, June 25, 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- EXCUSED Commissioner William H. Jerke, Pro-Tem - EXCUSED Commissioner William F. Garcia Commissioner Robert D. Masden, Acting Chair Pro-Tem Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Controller, Barb Connolly MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners meeting of June 20, 2007, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinances#2007-3, #2007-4, and#2007-5 by tape. Commissioner Garcia seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings Hearings conducted on June 19, 2007: 1) Violation Hearings; and on June 20, 2007: 1) USR #1565 - TARH E and P Holdings, L.P., c/o William G. Crews,CPL;2) USR#1591 - Gib Smith; and 3) USR#1590- Contreras Farms, Inc., c/o Scott Realty Company. Commissioner Rademacher seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Laura Moreland stated she is present to address the Home Rule Charter regarding prisons being built in Weld County. She stated the Town of Hudson is circumventing the Home Rule Charter by annexing protected land, since the Home Rule Charter states no prisons shall be built in Weld County without a vote of the people, and the Commissioners should uphold the law. She further stated she has spoken to both Acting Chair Pro-Tem Masden and Bruce Barker, County Attorney, to no avail. Acting Chair Pro-Tem Masden stated the property is located within the Town of Hudson; therefore, it is under the Town of Hudson's jurisdiction and Weld County does not have any control of the situation. Ms. Moreland stated the property is still under the County's jurisdiction, since the paperwork annexing the 2007-1784 BC0016 property into the Town of Hudson has not been completed. She further stated she brought the issue to the attention of the Board six months ago, and it chose to allow Hudson to proceed. In response to Commissioner Rademacher, Mr. Barker stated a County jail would require an election; however,only if the area is within unincorporated Weld County. Commissioner Rademacher stated the area will be annexed by Hudson; therefore, it will be under the Town's jurisdiction. He further stated if the annexation is not completed, the matter will be put to a vote. Sharon Hopper stated a lot of effort went into passing the amendment to the Home Rule Charter, which stated any correctional facilities which are proposed in Weld County must be voted on. She stated she disapproves of the Board's lack of involvement on the issue. Ms. Hopper stated she is also concerned about why Pioneer Communities is not being annexed, and the prison is being annexed. In response to Ms. Hopper,Acting Chair Pro-Tem Masden stated the reason Pioneer Communities has not been annexed is due to the Change of Zone plans being incomplete. Mr. Barker stated the Change of Zone is from Agriculture to Planned Use Development. Ms. Hopper stated she voted on allowing a women's prison and not for an ICE holding facility, which it may be now, and this is wrong. Responding to Ms. Hopper, Mr. Barker stated the amendment to the Horne Rule Charter specifically stated a Certificate of Occupancy will not be issued until a vote has occurred, and Weld County has not issued a Certificate of Occupancy. He further stated the prison has not, and likely will not, request a Certificate of Occupancy from Weld County, since the property is being annexed into the Town of Hudson. Ms. Hopper stated she feels the prison being annexed by the Town of Hudson is not just and thanked the Board for listening. CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed. Commissioner Garcia 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 $2,010,458.13 Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner Rademacher seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR DENTAL, VISION, AND HEARING PROGRAM GRANT- COLORADO HEALTH FOUNDATION: Acting Chair Pro-Tem Masden suggested continuing this matter, to allow a representative of the Department of Human Services to attend the Board meeting. Commissioner Garcia moved to continue said matter to June 27, 2007, at 9:00 a.m. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT EASEMENT FOR IMPROVEMENTS TO COUNTY BRIDGE 87/42.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS- DAVID YOCAM: Leon Sievers, Department of Public Works, stated this is the first of three parcels on the federally funded Weld County Road 87 Master Bridge Project, and it is located on the east side of County Road 87 and south of County Road 44. He stated the County is acquiring 3,111 square feet of permanent easement, for$1,500.00, and the amount was decided after negotiating with the property owner. In response to Commissioner Rademacher, Mr. Sievers stated the bridge is over the Platte River. Responding to Acting Chair Pro-Tem Masden, Mr. Sievers stated upon approval from the Colorado Department of Transportation, the County will make the Project available for bidding. Commissioner Rademacher moved to approve said agreement and authorize Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. Minutes, June 25, 2007 2007-1784 Page 2 BC0016 CONSIDER TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - ALFRED AND CAROLINE LOPEZ, DBA EL VAQUERO: Mr. Barker stated the Board has the ability, through an Ordinance, to issue temporary permits during periods of transfers of ownership. He stated the application for transfer of ownership has been completed, the fees have been paid,and he recommends approval of a temporary permit for a period of 120 days, or until such time the application for the transfer of ownership is approved, whichever shall occur first. Alfred Lopez, owner, stated he is available for questions. In response to Commissioner Garcia, Mr. Lopez stated he and his wife owned a restaurant and a print shop in the State of California. Further responding to Commissioner Garcia, Mr. Lopez stated he and his wife did not apply for a liquor license at the previously owned restaurant. In response to Acting Chair Pro-Tern Masden, Mr. Lopez stated his wife is familiar with the TIPS program and the requirements for staff who serve liquor. In response to Commissioner Rademacher, Mr. Barker stated the transfer of ownership will be scheduled in the near future if it has not already been, and the County is required to provide a 10-day published notice. Commissioner Rademacher moved to approve said temporary permit and authorize Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER CHANGE IN BOUNDARY LINES OF THE COMMISSION DISTRICTS IN WELD COUNTY, COLORADO: Mr. Barker stated approximately one month ago, at a hearing, the new boundary lines were determined to include equal amounts of registered voters and residential housing in each district. He explained the hearing must take place 30 days prior to the Resolution being approved, it occurred on May 23, 2007, and the Resolution must be approved by July 1, 2007, which will occur today if the Board grants approval. There was no public input. Commissioner Garcia moved to approve said change in boundary lines. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZING SALE OF SAME - ROLLER AND ASSOCIATES AUCTION: Ms. Connolly stated this surplus equipment will be auctioned, since these are items which have been replaced throughout the year. In response to Commissioner Rademacher, Ms. Connolly stated there are nine items on the list of items to be auctioned. She stated a larger auction including trucks and cars will occur in September; however, this auction involves heavy equipment. In response to Acting Chair Pro-Tem Masden, Ms.Connolly stated the auction will occur at the Adams County fairgrounds. Commissioner Rademacher moved to approve said declaration and authorize the sale of said surplus property. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER APPOINTING AD HOC COMMITTEE TO CONSIDER POSSIBLE AMENDMENTS TO WELD COUNTY HOME RULE CHARTER: Mr. Barker stated the Resolution is for the appointment and creation of an Ad Hoc committee to consider a possible amendment to the Weld County Home Rule Charter for the purpose of extending terms of particular elected offices. He named the individuals to be appointed to said committee into the record: David Delgado, William Garcia(County Commissioner), Ed Jordan, Steve Mazurana (University of Northern Colorado professor), and Gene Stille (Weld County councilman). He read the elected positions the committee is considering extending the terms for into the record: Assessor, County Councilman, Clerk and Recorder, and Sheriff. He stated Commissioner Jerke requested the position of County Commissioner also be reviewed by the Ad Hoc committee, and explained the Board needs to amend the Resolution to include County Commissioner if it wants the position to be considered by the committee. Acting Chair Pro-Tem Masden stated it makes sense for the County Commissioner position to be considered at the same time the committee is reviewing other elected official positions. Commissioner Garcia stated the addition of another elected position to the Resolution should be discussed at the Ad Hoc committee meeting, and a recommendation returned to the Board. He stated he would also like to hear public input on the matter in the form of a hearing. Commissioner Rademacher moved to approve said appointment of Ad Hoc Committee, including the addition of the position of County Commissioner to the Resolution. Seconded by Commissioner Garcia, the motion carried unanimously. Minutes, June 25, 2007 2007-1784 Page 3 BC0016 FIRST READING OF ORDINANCE #2007-3, IN THE MATTER OF AMENDING CHAPTER 19 COORDINATED PLANNING AGREEMENTS, ARTICLE XV HUDSON PLAN, OF THE WELD COUNTY CODE: Brad Mueller, Department of Planning Services, stated staff is requesting Chapter 19, Article XV, of the Weld County Code be amended,which is regarding the Hudson Coordinated Planning Agreement. Mr. Mueller stated there are two changes in this Ordinance, the first is a change to the map, which is located in Appendix 19-O, and the second is a minor change in the text, to change the words"Exhibit A", to "Amended Exhibit A," in reference to the updated map. He explained the reason for the changes is in response to a request from the Town of Hudson, and the request coincided with the Town's approval of amending the Intergovernmental Agreement and the Amended Comprehensive Plan. He further stated the request is for Weld County to acknowledge the changes which have already taken place in the Town of Hudson by altering the boundaries of the Urban Growth Area, it will become consistent with the Growth Management Area in the Town of Hudson's Comprehensive Plan, and by not granting approval, it will only create inconsistencies between how the Weld County Intergovernmental Agreement reads and the Town's annexed lands and newly adopted Comprehensive Plan map read. Mr. Mueller explained annexation is entirely at the discretion of the Town, and this will simply be an acknowledgment of the Town's decision. He stated the annexation includes a site located north of the existing Intergovernmental Agreement area, which includes a road, and also a forty-acre site located in the southwest corner of the map. In response to Commissioner Rademacher, Mr. Mueller stated he spoke with the Town of Hudson's City Administrator and he relayed the annexation has been approved by the City Council, however, there is often a delay between Council approval and the plat being recorded. Further responding to Commissioner Rademacher, he stated Pioneer Estates is not on the map he has provided and is not contiguous to the current Town limits, and is not adjacent to the existing Intergovernmental Agreement area boundary. Mr. Mueller stated he considers these changes to be administrative. In response to Commissioner Garcia, Mr. Gathman stated the road in Section 26 will be maintained and upgraded, if necessary, by the Town of Hudson. In response to Acting Chair Pro-Tem Masden, Mr. Mueller stated there are 320 acres being annexed in Section 26, and there are no improvements currently on the site. Further responding to Acting Chair Pro- Tem, Mr. Mueller stated the annexation includes the road,and he will confirm the area included before the seconded reading of the Ordinance. Acting Chair Pro-Tem Masden stated if the Town does not annex the road, an enclave will be created; therefore, he does need the information. Mr. Mueller stated staff will provide the annexation map and status at the second reading of the Ordinance. Ms. Moreland stated she believes the Board can intervene at this juncture, and people should be able to vote on the matter. She stated the annexation has not been recorded,since the property is presently zoned properly. Acting Chair Pro-Tem Masden stated there is a willing seller and a willing annexation petitioner,and the County cannot stop an annexation to the Town of Hudson. Mr. Barker stated Section 19.15.60, Subsection B, which is a part of the Coordinated Planning Agreement for the Town of Hudson, it states, "a municipality will not annex property outside of urban growth area, unless such property is both eligible for annexation and the municipality determines it is necessary to the municipality for municipal purposes as determined by the Board of Trustees at its sole discretion". Mr. Barker stated those are the two determinations which must be made by the municipality before a property can be annexed when it is outside of the Urban Growth Development area. Ms. Moreland stated she feels the process is unfair and it circumvents the public's vote on the matter. Commissioner Rademacher moved to approve Ordinance #2007-3, on first reading. Commissioner Garcia seconded the motion. He stated the Town of Hudson has the authority to annex the property, and the Board will work in a positive partnership with Hudson as the area develops. There being no further discussion, the motion carried unanimously. FIRST READING OF ORDINANCE #2007-4, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE: Mr. Barker stated in response to a request to clarify payroll deductions, Section 3-10-130 of the Weld County Code will specify the four types of deductions which may be made from paychecks. He stated there is a change to remove the entities listed on Page 1, Section 3-1-30,from#6.4. There was no public input. Commissioner Minutes, June 25, 2007 2007-1784 Page 4 BC0016 Garcia moved to approve Ordinance#2007-4,on first reading. Seconded by Commissioner Rademacher, the motion carried unanimously. FIRST READING OF ORDINANCE #2007-5, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,CHAPTER 30 SEWAGE SYSTEMS,OF THE WELD COUNTY CODE: There was no representative of the Department of Public Health and Environment present. Mr. Barker stated the ordinance is regarding equipment. He suggested the Board pass the Ordinance on first reading, and a representative of the Department will attend for second reading. Commissioner Rademacher moved to approve Ordinance#2007-5, on first reading. There was no public input. Commissioner Garcia stated he attended a work session regarding the Ordinance; therefore he feels comfortable passing the Ordinance on first reading, and he seconded the motion, which carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR #399 - JOHN LAURIDSON: Chris Gathman, Department of Planning Services, stated a check in the amount of $97,856.00 has been received for collateral, and the amount has been determined to be sufficient for the improvements. Don Carroll, Department of Public Works, stated staff has worked with John Lauridson on the transportation and storm water retention systems, and finds them acceptable. Commissioner Garcia moved to approve said agreement, authorize the Chair to sign, and accept collateral. Commissioner Rademacher seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances#2007-3, #2007-4, and #2007-5 were approved on first readings. 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 9:51 a.m. BOARD OF COUNTY COMMISSIONERS Eta /J ,•��` WELD COUNTY, COLORADO ATTEST: EXCUSED ��`i •t �� David E. Long, Chair Weld County Clerk to the Boar 1161 z,�'.��) ��'`' EXCUSED �r oi, ' . t William Je e P .-Tem BY. ��1 J a id �'.�J? 1' r�,/ De.t y Cle !to the Board 61 Willi m Garcia . ----�. Robert D. Masden, Acting Chair Pro-Tem QJ4 Douglas R demacher Minutes, June 25, 2007 2007-1784 Page 5 BC0016 Hello