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Home My WebLink About20020532.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 4, 2002 TAPE #2002-09 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, March 4, 2002, 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 Glenn Vaad, Chair Commissioner David E. Long, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Robert D. Masden - EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of February 27, 2002, as printed. Commissioner Geile seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings conducted on February 27, 2002, as follows: 1) Change of Zone #567, Peter Hyland; and 2) A Site Specific Development Plan and Use by Special Review Permit#1364,Gina Rhoads. Commissioner Long seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Chair Vaad requested discussion regarding a Certificate of Redemption from Mesa County listed as item#1 under Communications. Mr. Warden stated this document relates to the Head Start building which was bought with Federal funds and is located in Mesa County. He explained the seller gave the County money in the closing and to ensure that amount was repaid, a lien was placed on the property. He stated Weld County did not purchase property which had an existing tax lien. Commissioner Long moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2002-0532 14/ BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $508,802.53 Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER GRANT CONTRACT FOR HIGHWAY SAFETY PROGRAM AND AUTHORIZE CHAIR TO SIGN: In the absence of a Sheriff's Office representative, Chair Vaad stated the Weld County Sheriff's Office has been awarded grant funds and this contract establishes the procedures and policies relating to the Highway Safety Program. Commissioner Geile moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE CHAIR TO SIGN - TOWN OF LOCHBUIE: Bruce Barker, County Attorney, stated this is a standard agreement for the sharing of GIS data. He explained the document contains one minor change which indicates Lochbuie does not warrant any of the information provided to the County. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER APPOINTMENTS TO UNDESIRABLE PLANT MANAGEMENT ADVISORY COMMISSION: Commissioner Geile moved to appoint George Beck and Timothy Johnson to the Undesirable Plant Management Advisory Commission. Commissioner Jerke seconded the motion, which carried unanimously. SECOND READING OF CODE ORDINANCE #2002-1, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, WELD COUNTY CHARTER SECTION, CHAPTER 2 ADMINISTRATION, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC WORKS, AND APPENDICES 5-A, 5-D, 5-I, AND 5-G, OF THE WELD COUNTY CODE: Commissioner Jerke moved to read Code Ordinance #2002-1 by title only. Commissioner Long seconded the motion, which carried unanimously. Mr. Barker read said title for the record. Mr. Warden reviewed the changes proposed since second reading for the Board's consideration. He stated the recent amendments to the Weld County Charter, effective November 6,2001,would be incorporated,the fee for temporary assemblies would be added to Appendix 5-D, the marriage license fee would be decreased from $20 to $10 in Appendix 5-I, and Chapter 8 would be amended to add the Gravel Road Fugitive Particulate Emissions Policy and Procedure. Responding to Chair Vaad, Frank Hempen, Jr., Director of Public Works, stated the old Fugitive Dust policy only addressed application of dust control in front of private houses. However, the proposed changes deal with gravel roads which have traffic that exceeds 200 vehicles per day. He stated the new policy also stipulates the process and tool kit for mitigating fugitive dust and ensuring the County is expending funds on roads which exceed 200 vehicles per day. He further stated it also provides a means of determining traffic counts based on Average Daily Trips (ADT) and 72 hour counts, and the counts are reviewed after three months. Mr. Hempen stated the policy also sets up seasonal adjustment factors to help the Department of Public Works determine the average number of vehicles using a particular road during a year. He explained traffic volumes vary throughout the year based on the seasons, and climate factors. Responding further to Chair Vaad, Mr. Hempen stated the new policy only addresses permanent new traffic generators over a full year; however, during silage season, the additional truck traffic should not be considered. He further stated the policy does allow local residents to apply dust control as needed; however, it does not provide an option for the County to deal with those Minutes, March 4, 2001 2002-0532 Page 2 BC0016 types of situations. CommissionerJerke commented because Weld County is the number one agricultural county in the state, with approximately 2,100 miles of gravel roads, he feels that there should also be an adjustment for traffic generated on gravel roads during the harvest season of September and October. Following discussion, Chair Vaad suggested each of the parties involved in drafting this policy should meet to discuss whether adjustments should be made for the harvest season. CommissionerJerke moved to adjust the Seasonal Adjustment Factor table included under Appendix 8-D to reduce the factors for September and October to 0.8. Upon a call for the vote, the motion carried unanimously. No public input was offered concerning this matter. Commissioner Jerke expressed concern with increasing the minimum road standards from 24 to 26 feet wide. He stated the proposed increase is too excessive for many County residents to realistically accommodate. Mr. Hempen stated since his last discussion with the Board there have been three changes. He stated before road improvements are completed the person requesting acceptance of the road by the County will be required to appear before the Board to get some indication as to whether there is interest in accepting the road. Secondly, the roadway cross slope discussed in Section 8-6-150.F.1 will be increased from two to three percent. Lastly, the minimum local road width would be increased from 24 to 26 feet to provide consistency with other County regulations, primarily Subdivision regulations. Responding to the concerns expressed by Commissioner Jerke, Mr. Hempen stated he would prefer a minimum width of 24 feet on roads that already exist,and the higher standard apply only to new road construction; however, as currently worded the standard is directive, not permissive. He stated the extra footage would result in a cost increase of approximately five percent, assuming the roadway is flat and does not require additional engineering. Responding to Chair Vaad, Mr. Barker stated the Board has the ability to waive any requirements set by the Board; however, his concern is that the waiver must be based on rational criteria which needs to be articulated as a reference for future cases. Chair Vaad commented those standards could be established in the first request which presents a logical reason for waiving the requirement. Commissioner Jerke moved to reduce the minimum road width standard to 24 feet. Commissioner Geile commented he does not support the motion because on existing roads the County will continue to enforce the 24-foot standard and the 26-foot standard will only relate to new road construction. There was no second to the motion, and the motion failed. CommissionerJerke moved to approve Code Ordinance#2002-1 on second reading with the amendment to Appendix 8-D as previously approved. Commissioner Geile seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Code Ordinance#2002-1 was approved on second reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, March 4, 2001 2002-0532 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Glenn Vaad, Chair Weld County Clerk to the Board David E. Long, Pro-Tem BY: Deputy Clerk to the Board M. J. Geile William H. Jerke EXCUSED Robert D. Masden Minutes, March 4, 2001 2002-0532 Page 4 BC0016 Hello