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HomeMy WebLinkAbout20060176.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 9, 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 9, 2006, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner M. J. Geile, Chair- EXCUSED Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke - EXCUSED 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 MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of January 4, 2006, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on January 4, 2006, as follows: 1) USR#1535-Wayne and Patricia Medlin. Commissioner Masden 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 Vaad moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2006-0176 BC0016 C/—/3- OCr"' WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $1,535,320.80 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE CHAIR TO SIGN-BAYOU HOUSE, LLC, DBA DOUG KERSHAW'S BAYOU HOUSE: Bruce Barker, County Attorney,stated approval is recommended. Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER ADOPTION OF THE DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR INCIDENT MANAGEMENT: Roy Rudisill,Sheriffs Office,Office of Emergency Management, stated the Resolution adopts the recommendations presented by the President and the Governor of Colorado. He stated the adoption allows the County to apply for Homeland Security Grants, and the adoption allows the County, and other municipal and county governments to participate in a standardized incident management system,similar to the Instant Command system. He further stated the system requires each governmental agency to use similar terminology to adopt the National Incident Management System. In response to Chair Pro-Tem Long, Mr. Rudisill stated each of the municipalities and law enforcement agencies must adopt the designation, which must be accomplished by the end of 2006 to meet the Federal standard. Commissioner Vaad moved to approve said adoption. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ENVISION: Mr.Warden stated the agreement previously came before the Board, and the agreement was denied due to concerns regarding election expenses. He stated a work session has been held between the Board and the General Council and staff of Envision. Mr.Warden stated funds, in the amount of$46,125.00,will serve disabled persons and help them to live independently. He stated the award is a match for a Federal grant. Commissioner Vaad moved to approve said Memorandum of Agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPOINTMENTS TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Commissioner Vaad moved to appoint Clint Heidenreich to the 911 Emergency Telephone Service Authority Board,with a term to expire January 9, 2007,and appoint David Montgomery to said board,with a term to expire January 8, 2008. Seconded by Commissioner Masden, the motion carried unanimously. PLANNING: CONSIDER AGREEMENT FOR IMPROVEMENTS FOR WCR17 ROAD STABILIZATION FOR DUST CONTROL, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #604 - DARREL ADOLF AND DELMER ZIEGLER: Don Carroll, Department of Public Works, stated the agreement will provide dust suppression and dust control on Weld County Road 17. He stated the Internal Improvements Agreement was previously approved by the Board, and this agreement is for off-site improvements. He stated the applicant provided collateral, in the amount of$14,922.00,through an Escrow Agreement with New Frontier Bank. Mr.Carroll stated the development is a six-lot residential subdivision adjacent to Weld County Road 17, between Weld County Roads 100 and 102. He stated a total of$2,487.00 per lot will be placed into Escrow following the sale of each lot. He further stated when Weld County Road 17 is accepted for maintenance,funds will be available through the Minutes, January 9, 2006 2006-0176 Page 2 BC0016 development to provide dust control. In response to Commissioner Masden, Mr. Carroll stated the road count for Weld County Road 17 will exceed 200 vehicles per day upon completion of the development. Commissioner Vaad moved to approve said agreement,authorize Chair to sign,and accept said collateral. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO WELD COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION, AND SET HEARING DATE FOR CONSIDERATION - ADLER ESTATES METROPOLITAN DISTRICT: Brad Mueller, Department of Planning Services, stated resolution will accept the application for a service district for the Adler Estates Development. He stated the Resolution also preliminarily sets the date for a hearing on March 27, 2006. In response to Commissioner Vaad, Mr. Mueller stated a Law Enforcement Authority is not a part of a Special District. Mr. Mueller further stated the Adler Estates Metropolitan District will include sanitation, storm drainage, water, streets, traffic, safety controls, and mosquito control. Mr. Barker stated Melody Homes is the developer for Adler Estates, and the Law Enforcement Authority will work simultaneously within the development. Further responding to Commissioner Vaad, Mr. Mueller stated the services are provided through contracts. Mr.Mueller further stated the Board will view five Final Plats regarding the Adler Estates District. In response to Chair Pro-Tem Long, Mr. Barker stated the timing of the hearing will not conflict with Ordinance#2005-11. Commissioner Masden moved to accept the filing and referral of said service plan,and set the hearing date as March 27,2006,at 9:00 a.m. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1491 - TIMOTHY AND LORI EHRLICH: Jacqueline Hatch, Department of Planning Services,stated Use by Special Review Permit#1491 was approved by the Board on January 12,2005. She stated the site is located north of Weld County Road 62.75 and west of Weld County Road 57. She stated the site is currently in violation, and the violation was initiated as a result of items being used on site for storage, without proper zoning permits. Ms. Hatch stated the Violation was presented to the Board on March 12, 2002, and the case is currently active with the County Attorney's Office;however,it was placed on hold pending the determination of the Use by Special Review Permit. She stated staff has identified that the applicant is not in compliance with Conditions of Approval#1.F through#1.1<,and#2. She further stated the applicant needs to address the referrals from the Department of Building Inspection and the West Greeley Soil Conservation District, provide a Landscape and Screening plan, provide a property maintenance plan, and make the required correction and additions to the plat. Ms. Hatch stated staff has not received paper copies of the plat. She further stated the applicant has addressed the requirements stated by the Department of Public Health and Environment; however, he has not finalized the application. She stated staff requests Use by Special Review#1491 be scheduled for a Show Cause Hearing. In response to Commissioner Masden,Ms. Hatch stated staff has sent notification to the applicant on three separate occasions,outlining the items that need to be completed. She stated the applicant needs to provide landscaping and lighting plans, and the agricultural-exempt building needs to be brought to proper standard since it is used for auto repair. In response to Chair Pro-Tem Long, Ms. Hatch stated the provided photo is a previous file photo. Timothy Ehrlich,applicant,stated he is working on the required paperwork,and has submitted the lighting plan and other needed items. In response to Chair Pro-Tem Long, Mr. Ehrlich stated he does not have copies of what has been submitted to the Department of Planning Services. He further stated he has been in contact with the Department of Building Inspection, and has scheduled inspections. He stated he has completed a screening plan for the dumpster area, and he plans to have all improvements completed by the end of February,2006. He stated he will have a final inspection done upon completion of the screening currently being placed on the property. He further stated he will not be able to afford to complete the landscaping on the property until a later date. In response to Chair Pro-Tem Long, Ms. Hatch stated the landscaping does not have to be completed at this time; however, the Landscape Plan needs to be submitted. In response to Mr. Ehrlich, Ms. Hatch stated the Lighting Plan may have been placed with the Building Permit files, and she will confirm whether it was received. Following discussion of appropriate Minutes, January 9, 2006 2006-0176 Page 3 BC0016 dates and time frames, Commissioner Vaad moved to continue the matter to February 15, 2006, at 9:00 a.m. Seconded by Commissioner Masden, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. 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 9:30 a.m. ♦�w`� BOARD OF COUNTY COMMISSIONERS 1_ ,e ti� 4 ‘ WELD COUNTY, COLORADO "" 00 XCUSED ATTEST: M ii •.i " ��) .` • ile, Chair Weld County Clerk to the Board % 1 , ,♦�, �, David E. Long, Pro-Tem D uty Cle to the Boar EXCUSED Wil ' m H. Jerke Robe D. Ma7n Glenn Vaad ru/ Minutes, January 9, 2006 2006-0176 Page 4 BC0016 Hello