HomeMy WebLinkAbout20060026 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 4, 2006
TAPE #2006-01
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 4, 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
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
ELECTION OF CHAIR: Commissioner Long nominated M. J. Geile as Chair for the year 2006. The
nomination was seconded by Commissioner Masden. Commissioner Geile was unanimously elected Chair
and began Chairing the meeting.
ELECTION OF CHAIR PRO-TEM: Commissioner Jerke nominated David E. Long as Chair Pro-Tem for
the year 2006. The nomination was seconded by Commissioner Vaad, and Commissioner Long was
unanimously elected Chair Pro-Tem.
ASSIGNMENTS: Commissioner Vaad moved to approve the Commissioner Coordinator assignments
for 2006, as listed in the draft Resolution. Commissioner Long seconded the motion, which carried
unanimously.
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of December 28, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on December 28, 2006, as follows: 1) USR#1528, Edmundson Land, LLC, do Scott Larson;
2)Change of Zone, PZ#1048,Weld 45 Acre, LLC,c/o TEAM Engineering;and 3) USR#1530,James and
Gail Sutton. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
2006-0026
BC0016
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke 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 $1,063,876.36
Electronic Transfers - All Funds $1,186,802.88
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
NEW BUSINESS:
CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD FOR 2006:
Commissioner Long moved to approve said Resolution. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 2006:
Commissioner Vaad moved to approve said Resolution. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR POSTING OF
PUBLIC NOTICES: CommissionerJerke moved to approve said Resolution. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER M. J. GEILE TO CERTAIN ADVISORY BOARDS:
Commissioner Long moved to approve said appointments. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER DAVID E. LONG TO CERTAIN ADVISORY BOARDS:
Commissioner Jerke moved to approve said appointments. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM H. JERKE TO CERTAIN ADVISORY
BOARDS: Commissioner Masden moved to approve said appointments. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER ROBERT D. MASDEN TO CERTAIN ADVISORY
BOARDS: CommissionerJerke moved to approve said appointments. Seconded by Commissioner Vaad,
the motion carried unanimously.
Minutes, January 4, 2006 2006-0026
Page 2 BC0016
CONSIDER APPOINTMENT OF COMMISSIONER GLENN VAAD TO CERTAIN ADVISORY BOARDS:
Commissioner Masden moved to approve said appointments. Seconded by Commissioner Jerke, the
motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCEOF
WCR 14 RIGHT-OF-WAY-JAMES AND KATHLEEN PARENT: Don Carroll, Department of Public Works,
stated the applicants own two landlocked parcels adjacent to Weld County Road 14,west of Weld County
Road 55. He stated the applicant has requested use of the 30 foot of right-of-way available on the north side
of Weld County Road 14, in Section 33. He further stated the applicant will contact the ditch company
regarding crossing the ditch. Mr. Carroll stated the Colorado Division of Wildlife owns the property south
of Weld County Road 14, and west of Weld County Road 53; however,the agreement will not impact that
property. In response to Commissioner Masden, Mr.Carroll stated the applicant is not requesting the full
60 foot of right-of-way, therefore, the land owned by the Division of Wildlife is not impacted. Further
responding to Commissioner Masden, Mr. Carroll stated he did not approach the Division of Wildlife
regarding the additional 30 foot of right-of-way. Commissioner Masden moved to approve said nonexclusive
license agreement and authorize the Chair to sign. Seconded by Commissioner Long,the motion carried
unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - A & G CONCEPTS, DBA BEARS SPORTS SALOON: Bruce Barker,
County Attorney, stated the license is for calendar year 2006. He stated an incident took place at the
establishment over a year ago, but no incidents have been reported within the last year. Commissioner
Long moved to approve said application. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN-RJML,LLC,DBA LA MARAVILLA:Mr. Barker stated he received a voicemail
message from Les Wiemers of the Sheriffs Office, which stated the owner has been in full compliance,
and staff is satisfied with the terms of the agreement. He stated J.D. Broderius of the Sheriffs Office stated
the same sentiments, and approval is recommended. In response to Commissioner Jerke, Mr. Barker
stated the facility allows minors into the establishment. Commissioner Vaad moved to approve said
application. The motion was seconded by Commissioner Long. Upon request for a roll call vote,the motion
carried three to two, with Commissioners Jerke and Masden in opposition.
CONSIDER APPOINTMENTS TO NORTH COLORADO MEDICAL CENTER BOARD OF TRUSTEES:
Commissioner Jerke moved to reappoint Donna Bottenberg and Larry James to the North Colorado Medical
Center Board of Trustees,with terms to expire January 13, 2009. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER APPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner
Jerke moved to reappoint Troy Renken,and appoint Randall Jacobson,to the Regional Communications
Advisory Board,with terms to expire December 31,2008,and December 31,2007,respectively. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDERAPPOINTMENTSTO FAMILIES,YOUTH,AND CHILDREN COMMISSION: Commissioner
Vaad moved to appoint Wendy Rich-Goldschmidt and John Ashby to the Families, Youth, and Children
Commission,with terms to expire December 31,2007;and to reappoint Carla Silva and Juan Lopez to said
board, with terms to expire December 31, 2008. Seconded by Commissioner Long, the motion carried
unanimously.
Minutes, January 4, 2006 2006-0026
Page 3 BC0016
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 Vaad moved to read by title only. Seconded by Commissioner Jerke,the
motion carried unanimously. Mr. Barker read said title into the record and stated the final reading needs to
be continued to January 16,2006,since an informational meeting has been scheduled for the community
on January 11, 2006. In response to Chair Jerke, Mr. Barker stated the Ordinance includes the drafted
changes for Metro Districts. Commissioner Jerke moved to continue the final reading of
Ordinance#2005-11 to January 16, 2006, at 9:00 a.m. Seconded by Commissioner Masden,the motion
carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS PRIVATE ROAD MAINTENANCE,AUTHORIZE CHAIR TO SIGN,AND ACCEPT FORM
OF COLLATERAL FOR PUD FINAL PLAN, PF#604-DARRELADOLF AND DELMERZIEGLER: Sheri
Lockman, Department of Planning Services, stated staff has reviewed the onsite improvements, and has
determined that the Letter of Credit is sufficient to cover required improvements, and approval is
recommended. Mr. Carroll stated the property is adjacent to Weld County Roads 17 and 102, near the
Town of Pierce. He stated the Planned Unit Development is for five lots, and one large agricultural outlot,
the access road will be gravel, and will not be maintained by the County. Commissioner Masden moved
to approve said Improvements Agreement, authorize the Chair to sign, and accept said collateral.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER REQUEST TO PREADVERTISE CHANGE OF ZONE, PZ #1078, FROM THE A
(AGRICULTURAL)ZONE DISTRICT TO THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT-
CARMA (COLORADO), INC.: Kim Ogle, Department of Planning Services, stated the Development
Manager for Carma(Colorado), Inc., requested pre-advertisement for Change of Zone, PZ#1070,to keep
the plans for the project moving forward. He stated the Planning Commission hearing was continued to
January 17, 2006, due to a late referral from a consultant contracted by the Department of Public Works.
Mr. Ogle stated the applicant has requested a hearing date of February 8, 2006, and staff is in support of
the request. In response to Commissioner Jerke, Mr.Warden stated all discussion, and the final reading
of Ordinance#2005-11,will be completed and effective by January 30, 2006. Commissioner Vaad stated
the proposal is complicated; however, he is in support of granting the pre-advertisement. Chair Geile
directed Mr.Carroll to ask Frank Hempen,Jr., Director of Public Works why the referral from the contractor
was not submitted on time. Commissioner Vaad moved to approve said request for pre-advertisement.
Seconded by Commissioner Masden, the motion carried unanimously.
SET HEARING DATE TO CONSIDER SEVEN SERVICE PLANS-PIONEER REGIONAL METROPOLITAN
DISTRICT AND PIONEER METROPOLITAN DISTRICTS NO. 1 THROUGH 6: CommissionerJerke moved
to set the hearing date for said Service Plans as February 6, 2006. Seconded by Commissioner Masden,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. The final reading of Ordinance#2005-11 was continued to January 16,2006, at 9:00 a.m.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, January 4, 2006 2006-0026
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:30 a.m.
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ATTEST: Lek
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` Geile, Chair
Weld County Clerk to the Bo r.
SOU val
",, David E. Long, Pro-Tem
BY:( 9., KY ; VealD uty Cl the Board t
W liam H. Jerke
Robert D. Mas en
Glenn Vaad •
Minutes, January 4, 2006 2006-0026
Page 5 BC0016
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