HomeMy WebLinkAbout20060226.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 16, 2006
TAPE #2006-02
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, January 16, 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 - EXCUSED
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of January 11, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on January 10, 2006, as follows: 1) Violation Hearings; and Hearings Conducted on
January 11,2006: 1) USR#1525-Deborah Lowry,Go Dennis Drumm; and 2)Change of Zone, PZ#1048
- Weld 45 Acre, LLC, c/o TEAM Engineering, Attn: Jeffrey Couch. Commissioner Long 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 Jerke 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.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $743,005.91
Electronic Transfers -All Funds $1,657.80
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
APPROVE ROAD WIDENER BID - DEPARTMENT OF PUBLIC WORKS (CON'T FROM 1/11/06):
Pat Persichino, Director of General Services,stated staff recommended acceptance of the bid that meets
specifications, from Faris Machinery, in the amount of$75,450.00. Bill McCoy, MacDonald Equipment
Company representative,stated the machine provided by the company will complete the same tasks,and
it costs less. He stated the concern regarding horsepower is not applicable, since the machine operates
hydraulic pumps and motors. In response to Commissioner Jerke, Mr. McCoy stated the range of throw
for the machine is between two and six feet. He further stated an adapter may be purchased to provide
further throwing distances. In response to Commissioner Long, Mr. McCoy stated the difference in depth
variation is up to five inches. Chris Campbell, Faris Machinery representative,stated the machine provided
by Faris is more expensive;however,it meets the suggested specifications. He stated the Department of
Public Works currently owns one machine of the same brand, and the Colorado Department of
Transportation(CDOT),and various counties throughout the State regularly use the machines. He further
stated the machine is considered the preferred machine in the marketplace, since the operator has the
ability to control the productivity of the machine. Mr.Campbell stated the operator is able to fine-tune the
settings of the machine,which allows the operator to direct a specific amount of material to be placed on
the shoulder of the road. He stated the machine helps make better use of the material, therefore less
money will be spent on material,and less waste is created. He stated trade-in values on the machines are
non-existent, since the company has never received a used machine. Mr. Campbell stated some of the
differences of the machine from Faris include a chain-driven conveyor, which allows the material to be
better directed, and the machine has the requested spread of one to eight feet. He further stated the
machine is heavier,which leads to less wear and tear,and fewer maintenance issues. In response to Chair
Geile, Mr. Persichino stated the machine from MacDonald Equipment does not meet the requested
specifications. Frank Hempen, Jr., Director of Public Works, stated staff was not able to obtain a resale
value for the machine, since vendors did not have any listings for used machines. He stated staff
recommends approval of the bid from Faris Machinery. He further stated staff desires to operate efficiently
during the road-widening process,and the larger engine,the variable speed of the machine,and the larger
spread capability are important features of the machine from Faris Machinery. In response to
Commissioner Jerke, Mr. Warden stated $80,000.00 was set aside in the 2006 Budget for the purchase
of a road widener. Commissioner Long stated he understands the needs of staff regarding the adaptability
of the machine,and he is in favor of staffs recommendation. Commissioner Long moved to approve said
bid, based upon staffs recommendation. The motion was seconded by Commissioner Jerke.
Commissioner Jerke stated the former machine lasted over thirteen years, and he concurs with the
recommendation of staff. There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT FOR AREA AGENCY ON
AGING SENIOR NUTRITION PROGRAM AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF
NORTHERN COLORADO: Walt Speckman,Director of Human Services,stated the amendment provides
for the cost per meal provided by the University of Northern Colorado to increase to $3.98, and all other
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terms of the agreement will remain the same. Commissioner Long moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER FIVE PURCHASE OF SERVICE AGREEMENTS FOR OLDER AMERICANS ACT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the Purchase of Service
Agreements,with local agencies,will provide services to frail,low-income older adults with funds provided
through the Older Americans Act. He stated $15,500.00 will be provided to Meals on Wheels, to provide
meals for the homebound elderly of Weld County;$25,000.00,will be provided to Eldergarden,to provide
adult day care for frail elders; $16,500.00 will be provided to North Range Behavioral Health,for in-home
peer counseling for older adults; $3,200.00 will be provided to Charles Connell,Attorney at Law,for legal
consultation and representation; and$10,578.50 will be provided to the Rehabilitation and Visiting Nurse
Association,for personal care for seniors that do not qualify for home health care services through any other
third party. Commissioner Jerke moved to approve said Purchase of Service Agreements and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDERTEMPORARYCLOSUREOF 54TH STREET ROAD BETWEEN 47TH AVENUE AND WELD
COUNTY ROAD 396: Frank Hempen, Jr., Director of Public Works, stated 54th Street Road, between
47th Avenue and Weld County Road 396, will be closed for approximately 10 working days, from
January 23,2006,through February2,2006,for road maintenance and culvert replacement. Commissioner
Long moved to approve said road closure. The motion was seconded by Commissioner Jerke. In
response to Chair Geile,Mr. Hempen stated 54th Street Road is a gravel road,and staff will complete work
on the sharp turn in the road, to improve safety. There being no further discussion, the motion carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 57 AND AUTHORIZE CHAIRTO SIGN-ELIZABETH SAUTER: Don Carroll, Department of Public
Works,stated the agreement is required through Recorded Exemption#4284,and the site is located south
of the Town of Keenesburg, adjacent to Weld County Roads 57 and 6. He stated Lots A and B will be
accessed from Weld County Road 57, and no negative feedback was received from adjacent property
owners. In response to Chair Geile, Mr. Carroll stated Lot A is 20 acres in size, and Lot B is 60 acres in
size. Commissioner Long moved to approve said nonexclusive license agreement and authorize the Chair
to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN-RAFFERTY'S,INC., DBA RAFFERTY'S: Bruce Barker,County Attorney,
stated no negative comments have been received regarding the establishment, therefore, approval is
recommended. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER FINAL READING OF ORDINANCE #2005-11, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 2 ADMINISTRATION,AND CHAPTER 3 PERSONNEL,
OF THE WELD COUNTY CODE: Commissioner Long moved to read by title only. Seconded by
Commissioner Jerke,the motion carried unanimously. Mr.Barker read said title into the record and stated
upon approval of the Ordinance,the effective date will be January 30,2006. He stated he received a letter
from John Bramble, Brighton City Manager,outlining the City of Brighton's policies regarding Metro Districts,
which are similar to the County's,and Mr. Bramble would like the County to make additions to the proposed
policy. Mr. Barker read an excerpt of the letter, marked Exhibit O, into the record. He recommended the
Board discuss the items listed in the letter at a future date, and he stated there are differences in how a
municipality and the County would incorporate changes. Mr. Barker stated minor changes were completed
at second reading,and he requested deletion ofAppendix2-D,regarding access policies, on third reading.
He further stated an explanatory note regarding mills and mill Levies could be added to the Weld County
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Code. In response to the letter from the City of Brighton, Mr. Warden stated the issues brought up by
Mr. Bramble are unique to municipalities. He stated Metro Districts will most likely"de-bruce"during the
early stages,and the County does not have sales tax,therefore, the competition issue is not relevant. He
further stated upon creation of a recreation district, the residents of the area may apply to receive
conservation trust funds, and should have the same right to receive those funds since the District would
be providing a recreational function. CommissionerJerke stated he concurred with the comments stated
by Mr. Warden. In response to Chair Geile, Mr.Warden stated there is no provision for revenue sharing
between Districts in the County. Mr. Barker stated he is not aware of any specific instances in which
revenue sharing has occurred. Further responding to Chair Geile, Mr.Warden stated a District may collect
a Public Improvement Fee,to pay for roads,etcetera,and most major shopping areas have been collecting
the fee. In response to Commissioner Long, Mr. Warden stated State statute defines who can apply for
trust funds.
Pam Shaddock, City of Greeley Council Member, expressed her thanks for the meeting organized for
municipalities on January 11, 2006, and she stated the discussion was very informative and helpful. She
stated she hopes the County and surrounding municipalities will begin working towards a Council of
Governments. She stated the Denver Post has coined the term "FortGreeland," referring to the region
containing the Cities of Fort Collins, Greeley,and Loveland. Ms.Shaddock stated her concerns correlate
to the concerns in the letter from Mr. Bramble, and competition may arise between municipalities and
Metropolitan Districts. She stated Metropolitan Districts will take away possible development from the
surrounding municipalities. She stated she understands that Metropolitan Districts are allowed by State
statute; however,the guidelines of the Districts should be kept conservative. Ms. Shaddock stated Weld
County is in a leadership position, since most Counties do not have guidelines for Metropolitan Districts.
She stated of the 2,422 local governmental entities in the State of Colorado,495 are Metropolitan Districts.
She further stated concern that a big development in the area will dilute the City of Greeley's ability to
compete for good development, since developers will want to expand into new territory.
Ms.Shaddock stated 168,000 residents live in the municipalities within Weld County,and 42,000 residents
live in unincorporated Weld County,and the County needs to protect the population base of Metropolitan
Districts. She requested that another meeting be held with surrounding municipalities after the guidelines
for Metropolitan Districts have been completed. She stated the notification process should be expanded,
and municipalities within a 15-minute drive time should receive notice of potential future developments,
since new development will have an economic impact on the surrounding municipalities,and there should
be opportunity for municipalities to be able to have input regarding development.
Ms.Shaddock stated the City of Greeley utilizes a tool named the Midrange Expected Service Area,which
designates the areas which will receive services from the City within the next five years. She stated 11,000
lots in the City of Greeley will be available for development within the next five years. In response to Ms.
Shaddock, Mr.Warden stated the proposed Pioneer development will contain 10,000 lots. Ms.Shaddock
stated developers should work with the City to fill the available lots before expanding into the unincorporated
parts of the County. She stated the City of Greeley may not be able to accommodate development
currently;however, it may be possible within a reasonable amount of time. She stated the County should
request developers to communicate with surrounding municipalities,to determine whether a municipality
is able to accelerate services to a proposed area. Ms. Shaddock stated State statute is full of legislative
declaration stating local governments should not be fragmented, and as more Metropolitan Districts are
approved,more fragmentation will occur. She further stated the County needs to carefully analyze whether
the financial plans for the Districts will be successful,and the more conservative the guidelines,the better.
Ms.Shaddock stated language should be added to Section 2-14-10,to the end of Paragraph B,that states
there is no opportunity for a District to affiliate with a metropolitan or urban area. She stated the language
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should be changed in Paragraph B.3,to state thata District should enhance quality of growth and life. She
further stated the County should consider providing notice to municipalities within five to ten miles of the
potential development. She requested the County notify the City of Greeley upon future changes of
guidelines. She stated the large amount of growth in the Districts is motivated by TABOR laws. She stated
most developers will"de-bruce"in the early stages of development; however, not all developers may be
sophisticated enough to do so. Ms. Shaddock stated a study should be completed along the Highway 85
corridor, and all affected municipalities should be able to engage in discussion. She further stated all
municipalities and communities should be involved in discussion of how Weld County will develop in the
next 25 years.
In response to Chair Geile,Monica Mika,Director of Planning Services stated an applicant must pay a$500
fee, set by State statute, when applying for a Metropolitan District, for review of the proposal. Further
responding to Chair Geile,Mr. Barker stated an application fee of$500 applies,and a separate fee may also
be required for the County's expense to conduct the review. Chair Geile stated the review ensures the
health,safety,and welfare of residents. In response to Commissioner Jerke, Mr. Barker stated with three
Commissioners present, a unanimous vote is needed for the Ordinance to be approved on final reading.
Commissioner Jerke stated he appreciated the concerns voiced by Ms. Shaddock, and the County is
currently is the stage of setting guidelines that will help protect homeowners,bond holders,and the County.
He stated the next stage of guidelines will determine the process to receive applications. He further stated
the County needs to adopt additional guidelines, since Metropolitan Districts are not dealt with on a daily
basis. Commissioner Long stated he was supportive of the Ordinance,and he appreciates the work staff
has completed. He stated the created guidelines provide regulations,and will give municipalities a chance
to decide whether they would benefit from pursuing a proposed development. Chair Geile stated the
Ordinance will not be a Land Use Policy;however, it will be a tool to use when working with developers,to
ensure all County standards are met. He stated feedback received from other municipalities is an important
part of the application process, and an uncontrolled growth situation in the County would hurt the future
value of communities. Chair Geile stated the County has been a leader in planning for the future,and it may
be possible to conduct a study regarding the Highway 85 corridor. Commissioner Jerke moved to approve
Ordinance #2005-11 on final reading as amended by Mr. Barker's recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2005-11 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
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Page 5 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF OUNTY COMMISSIONERS
E 14,45 WELD CO TY, COLORADO
ATTEST: \ •
not ` "j f M. eile, Chair
Weld County Clerk to the Boa
BY. C ago un / David E. Long, Pro-Tem
D uty CI k to the Boa
William H. Jerke
EXCUSED
Robert D. Masden
EXCUSED
Glenn Vaad
Minutes, January 16, 2006 2006-0226
Page 6 BC0016
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