HomeMy WebLinkAbout20062730.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 30, 2006
TAPE #2006-38
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 30, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
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 October 25, 2006, as printed. Commissioner Masden seconded the motion, and it 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 Long 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 $696,135.30
Electronic Transfers - All Funds $3,126,073.62
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
2006-2730
BC0016
NEW BUSINESS:
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE CONTRACT
TO AUCTION,AND AUTHORIZE CHAIR TO SIGN- RITCHIE BROTHERS AUCTIONEERS(AMERICA),
INC.: Mr. Warden stated this item and the following item, both regard sending surplus items to auction,
which is equipment from the Department of Public Works. He stated dividing surplus items to be sent to
more than one auction has been done previously. He stated there are four identical graders and staff has
proposed two be sent to each auction company to see which auction produces better results. He stated
Ritchie Brothers Auctioneers have historically outperformed the competition;however,it has been several
years since this has been done. There was no public input. Commissioner Vaad moved to approve said
declaration and contract,and authorize the Chairto sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME AT ROLLER AND ASSOCIATES AUCTION: Commissioner Long moved to approve said
declaration and authorization of sale. Seconded by CommissionerJerke,the motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
DITESCO: Drew Scheltinga, Department of Public Works, stated the agreement is for temporary
assistance in reviewing planning referral cases. He stated Keith Meyer of ditesco, a former County
employee, possesses a unique knowledge of the County Code and planning issues, and staff believes
he is qualified to complete the necessary work. He stated Mr. Meyer will receive compensation in the
amount of $87.00 per hour, and 55 cents per mile for mileage reimbursement. In response to
CommissionerJerke,Mr. Scheltinga stated there has not been a maximum reimbursement amount placed
on the agreement. Further responding to Commissioner Jerke, Mr. Scheltinga stated this is a temporary
situation until the re-organization of the Public Works Department has been completed. He stated staff
anticipates the temporary position will last for approximately four to six months, and will require
approximately 20 hours per week. He stated the Department currently has two major planning cases in
which staff needs immediate help. Mr. Warden stated the cost of utilizing Mr. Meyers services is
significantly less than utilizing contract services from Felsburg, Holt, and Ullevig. Mr. Scheltinga stated the
contract rate for Felsburg, Holt, and Ullevig is $100.00 to $140.00 dollars per hour. Commissioner Jerke
moved to amend the mileage rate of the contract, under compensation, from 55 cents per mile to 42.5
cents per mile. He stated Mr. Meyer should not be reimbursed at a higher rate than County employees
for mileage. Commissioner Long seconded the motion. In response to Chair Geile, Mr. Scheltinga stated
amending the reimbursement level would not terminate the bid proposal and he believes Mr. Meyer will
accept the agreement at the adjusted mileage reimbursement rate. Chair Geile stated he is concerned
about unintended consequences such as Mr. Meyer requesting a higher rate of pay to make up for the loss
of mileage reimbursement. In response to Chair Geile, Mr. Scheltinga stated the amendment in the
contract should not have a major impact because there is not a lot of travel required of the position. Upon
request for a roll call vote, the motion passed four to one, with Chair Geile opposed. There being no
further discussion,Commissioner Long moved to approve said agreement,and authorize the Chair to sign.
Seconded by Commissioner Jerke , the motion carried unanimously.
FINAL READING OF ORDINANCE #2006-8, IN THE MATTER OF REPEALING AND REENACTING,
CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE: Commissioner Long moved to read
Ordinance#2006-8 by title only. Seconded by Commissioner Masden, the motion carried unanimously.
Mr. Barker read said title into the record. Sue Elton, Department of Human Resources, read the
amendments into the record. In response to Chair Geile, Ms. Elton concurred a declared emergency may
constitute terrorism, a major disaster, or any event that would require County employees to work together
for the health and safety of the public. In response to Commissioner Jerke, Ms. Elton stated the last day
an employee works shall be the termination date, and this statement will be added to a new section.
Ms. Elton stated no changes have been made on third reading. There was no public input. Commissioner
Minutes, October 30, 2006 2006-2730
Page 2 BC0016
Vaad moved to approve Ordinance #2006-8 on final reading. Seconded by Commissioner Jerke, 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#1540-CHURCH BARN, LLC: Brad Mueller,
Department of Planning Services, stated the applicant has posted collateral in the amount of$33,220.96;
however,the letter of credit is not in the form generally accepted by the County,therefore,the Department
requests the item be withdrawn. Upon review of the file, Mr. Barker stated the letter of credit received on
September 18, 2006 is not the same letter he reviewed previously. He stated the letter of credit is in the
typical form accepted by the County. Mr. Mueller stated if Mr. Barker deems the letter of credit acceptable,
staff is willing to proceed today. Mr. Barker stated the letter received September 18, 2006 appears
acceptable. In response to Commissioner Jerke, Mr. Mueller stated the location of the site is north of the
City of Greeley, west of Seeley Lake, and adjacent to Weld County Roads 33 and 70. Don Carroll,
Department of Public Works, stated the letter is acceptable to the Department and approval is
recommended. There was no representative of Church Barn, LLC present. Commissioner Vaad moved
to approve said agreement, authorize the Chair to sign, and accept said collateral. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER MINOR RESUBDIVISION RS#1126, FOR VACATION OF A PLATTED ROADS, STREETS,
AND ALLEY RIGHTS-OF-WAY LOCATED WITHIN THE PLATTED TOWNSITE OF PURCELL -
PURCELL TOWNSITE ESTATES, LLC: Chris Gathman, Department of Planning Services,stated the site
is located approximately 400 feet north of Weld County Road 90,and 1,300 feet east of Weld County Road
49. He stated the applicants are proposing vacation of several platted road rights-of-way that run north
and south, as well as several interior alleys. He stated no platted utility easements will be affected by the
vacation, and when the Town of Purcell was platted in 1910, there were no easements indicated on the
plat. He stated all proposed lots within Purcell will still have access to public rights-of-way, and the
Department has no concerns. In response to CommissionerJerke, Mr. Gathman stated he does not know
of the exact number of proposed lots; however, the lots are long and narrow, therefore, several lots may
be grouped together and sold by the developer in order to install septic systems. In response to
Commissioner Jerke, Mr. Barker stated a minor resubdivision is different than a major resubdivision since
the process is limited in scope,and notices are only sent to those who are directly affected by the proposed
changes. In response to Chair Geile, Mr. Gathman stated only the roads will be vacated, and the lot lines
will not be adjusted. Mr. Barker stated the process is similar to vacation of a County Road, and typically
the plat will reflect the changes after replatting has occurred. Commissioner Jerke stated the Town was
platted prior to current well and septic system circumstances, and there is now a different dynamic in
regards to density levels. He stated a mobile home could be placed on a 25 feet by 100 feet lot; however,
the necessary water and sewer capabilities may not be present. Mr. Barker stated there are certain
setback requirements which will create the need for a future replat. In response to Chair Geile, Mr. Barker
stated the Oil and Gas Conservation Commission will examine the setback of existing structures in regards
to oil wells, and he believes it will be difficult for an oil company to place an oil well in the area.
Commissioner Long stated there have been numerous complaints from neighbors in the area regarding
the excavation work causing blowing dust.
Peter Schei, Department of Public Works,stated the Department has received concerns regarding
blowing dust, and the field inspection team was sent to address the issue. He stated the Department is
currently working with the applicant,and a major concern is promoting the revegetation of flora in the area.
He stated there are existing violations regarding the erosion control measures; however,the applicant has
agreed to pave the remaining roadways for the proposed development. In response to Commissioner
Jerke, Mr. Schei stated Weld County Road 90 is paved and runs east and west, and Weld County Road
49 is not paved. He stated the traffic will be travel from Weld County Road 90 to U.S. Highway 85.
Minutes, October 30, 2006 2006-2730
Page 3 BC0016
Jay Scolnick,applicant's representative,stated the application was completed in an effort to reduce
maintenance for the development project. He stated the first objective is to pave the roads within the
subdivision in an effort to accommodate the County, and for marketing purposes. He stated a subdivision
exists approximately five miles away,which does not give a good appearance since the fences have been
constructed directly next to the alleys. He stated he would like to pave the necessary roads and vacate
the roads which are not needed in this subdivision as a way to keep the subdivision as maintenance free
as possible for the County, making the maintenance issues the responsibility of the homeowners. He
stated a Home Owner's Association has not been created, therefore, the individual property owners will
be responsible for all maintenance, including exterior fences. He stated Covenants are in place which
state the fences are to be maintained by each property owner. Mr. Scolnick stated no common areas exist
in the subdivision, therefore, the County will only maintain the paved public County rights-of-way. In
regards to the dust complaints, he stated no work has been completed without the appropriate permits,
and they are close to final approval for the roads. He stated the main entrance has been paved as the
traffic engineers recommended, and he has 32 lots which are ready for occupants. He stated he has
worked closely with the Colorado Department of Public Health and Environment, and the guidelines state
a 100-foot radius must exist between the well and the septic leach field and there are both County and
State restrictions. In response to Commissioner Long, Mr.Scolnick stated he believes the dust complaints
are regarding work outside of the subdivision, and located to the west. Further responding to
Commissioner Long, Mr. Scolnick stated the lots will be one-half to one acre in size, and the total
combined number of lots will not exceed 185, which is the figure the traffic study is based on. He stated
the lots are designed to ensure a well and septic system can be located where necessary. Commissioner
Long stated there will be a need for expansion of the entrance, for example, turn lanes may need to be
created. Mr. Barker stated the County cannot require that road expansion be completed at this time. He
stated in a previous situation an agreement was made in which the building permits would not be issued
until certain improvements to roads were completed, however, the agreement did not regard off-site
improvements. In response to Commissioner Jerke, Mr. Scolnick stated an agreement has not been
reached with the local school district regarding impact fees. Further responding to Commissioner Jerke,
Mr. Scolnick stated the source of water is ground water at a depth of 400-feet, and he is not aware of the
name of the basin. He stated previously there was concern that some of the water would be coming from
the Poudre River; however, anything platted before 1972 may obtain a well according to State law.
Responding to CommissionerJerke, Mr.Scolnick reiterated the County will maintain the paved roads,and
he anticipates the homes in this subdivision will be modular homes. In response to Commissioner Jerke,
Mr. Scolnick stated it is cost prohibitive to provide a gas line, therefore, gas will be provided by individual
propane tanks, and electric and telephone lines are already in place. In response to Chair Geile,
Mr. Scolnick stated the application requests the vacation of right-of-ways for streets and alleys. He stated
he is not interested in coming before the Board for replatting and would like to move forward with the
subdivision. He further stated he may currently market 32 lots, and he is only interested in vacating the
alleys and several of the rights-of-way. Responding to Chair Geile, Mr. Scolnick stated no roads will be
added, and the traffic count should not change, according to the engineer.
Charles Odenbaugh, Union Pacific Railroad right-of-way owner, stated he is in the process of
building two barns and a residence. He stated he had silk fences installed to protect against wind erosion;
however, a windstorm blew down the silk fences. He stated he is responsible for the dust blowing
complaints, not the applicant. Commissioner Long stated in comparison to other platted areas, it makes
sense to clean up the area and alleviate potential problems. Commissioner Jerke stated this subdivision
concerns him since the County has little say on the matter. Commissioner Long moved to approve said
minor resubdivision. The motion was seconded by Commissioner Masden. Upon request for a roll call,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance#2006-8 was approved on final reading.
Minutes, October 30, 2006 2006-2730
Page 4 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 10:00 a.m.
BOARD OF COUNTY
A / ,I� IELetWELD e"Nn COMMISSIONERS
O ORADO
ATTEST: �1_/, W i " �� ..✓
11 1861 tra9�� ile, Chair
Weld County Clerk to the Board et
`° n r 4 , a.. 01 CM
,��cj/ 'avid E. Long, Pro-Tem
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Depu
BY: 6Ierk t he B and
W' iam H. Jerke
Ro ert D. Masdeny
Glenn Vaad
Minutes, October 30, 2006 2006-2730
Page 5 BC0016
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