HomeMy WebLinkAbout20022489.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 9, 2002
TAPE #2002-29
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, September 9, 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- EXCUSED
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of September 4, 2002, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on September 4, 2002, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1376,Jennifer Bargen and Bart Stoneback; and 2)A Site Specific Development Plan and
Use by Special Review Permit#1343, Owens Brothers Concrete Company, do Banks and Gesso, LLC.
Commissioner Jerke seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: Jodie Cowley, County resident, requested the County consider paving the last two miles
of Weld County Road 1 from Weld County Road 46 to Highway 60. He stated Larimer County does apply
dust suppressant; however, this portion of road is in very poor condition. He stated in July 1999, he
worked with the Department of Public Works and Commissioner Vaad, and stated at that time 36 of the
area residents were in favor of paving this portion of road. He stated following subsequent meetings he
was informed that the project had been approved; however, Larimer County continued to decline any
involvement in the cost of improvements. Mr. Cowley stated he received a letter, dated September 3,
2002, marked Exhibit A,from Intermill Land Surveying,stating they are anticipating two new developments
2002-2489
BC0016
in the area. He stated the two new developments will generate a significant amount of traffic and he
proposed this may be an opportune time to approach Larimer County to work on finally completing this
portion of roadway. Commissioner Long stated it does appear this new development will provide an
opportunity for working with Larimer County.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,509,732.63
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER FOUR PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE THE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated these
agreements are with various School Districts to provide Head Start meals. He further stated School District
RE-1 will also provide the Colorado Preschool Program. Commissioner Jerke moved to approve said
agreements and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR HOMEMAKER/PERSONAL CARE AND
AUTHORIZE CHAIR TO SIGN - RVNA HOME HEALTH CARE, INC.: Mr. Speckman stated this is a
renewal agreement for$20,000 for visiting nurses to enter homes and make sure the seniors are receiving
proper care. Commissioner Masden moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR TELEPHONE REASSURANCE (PROJECT
CONNECT) AND AUTHORIZE CHAIR TO SIGN - BOARD OF TRUSTEES OF THE UNIVERSITY OF
NORTHERN COLORADO RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP): Mr. Speckman
stated this agreement is for$500 to support Telephone Reassurance where volunteers call isolated,lonely,
or frail senior citizens in their homes to make contact through Project Connect. He stated RVNA is
contacted if assistance is needed. Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner Masden. Commissioner Long stated this
is an effective intervention program. Mr. Speckman concurred and stated it is cheaper to keep them
healthy in their homes rather than moving them to assisted living. There being no further discussion, the
motion carried unanimously.
CONSIDER RENEWAL FORM FOR CHILD AND ADULT CARE FOOD PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman stated the renewal form will provide reimbursement of meals served to
children in the Head Start and Migrant and Seasonal Head Start Programs. Commissioner Geile moved
to approve said renewal form and authorize the Chair to sign. Seconded by Commissioner Jerke, the
motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 54 BETWEEN WCRS 15 AND 17; WCR 79
BETWEEN WCRS 80 AND 84: AND WCR 106 BETWEEN WCRS 77 AND 83: Frank Hempen, Jr.,
Director of Department of Public Works, stated Weld County Road 54 will be closed on September 16,
2002, and Weld County Roads 79 and 106 were closed on an emergency basis to repair road washouts
from storm water. Commissioner Jerke moved to approve said temporary closures. Commissioner Geile
seconded the motion, which carried unanimously.
Minutes, September 9, 2002 2002-2489
Page 2 BC0016
CONSIDER TRANSPORTATION ENHANCEMENT CONTRACT FOR ST. VRAIN RIVER TRAIL AND
AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION: Kim Ogle,
Department of Planning Services, submitted a map showing the proposed alignment and location of the
trail which will be constructed using grant funds. In response to Commissioner Geile, Ms. Mika stated
$102,000 of the project will be financed with Upper Front Range Transportation funds. Commissioner
Masden moved to approve said contract and authorize the Chair to sign. The motion,which was seconded
by Commissioner Geile, carried unanimously.
SECOND READING OF CODE ORDINANCE #2002-8, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 14 HEALTH AND ANIMALS,OF THE WELD COUNTY
CODE, SPECIFICALLY, THE ADDITION OF ARTICLE V RULES AND REGULATIONS FOR BODY ART
ESTABLISHMENTS: Commissioner Geile moved to read Code Ordinance #2002-8 by title only.
Commissioner Jerke seconded the motion, which carried unanimously. Bruce Barker, County Attorney,
read said title for the record. Trevor Jiricek, Weld County Department of Public Health and Environment,
explained the State Legislature recently passed a Statute concerning body art. He stated if this Ordinance
is not approved, body art establishments will fall under the jurisdiction of the State for enforcement. Mr.
Jiricek stated they followed the State guidelines, and made minor modifications based on input from the
public and policies of other agencies. He stated the regulation of ear piercing and stretching, and an age
requirement were not included in these provisions. He further stated notification of today's meeting was
sent to all body art establishments. Jorene Peden, Department of Public Health and Environment,
reiterated that ear piercing was not included in these provisions based on objections from numerous
beauticians who now provide that service and would be required to obtain a license. However, other
piercing would be covered by this ordinance. Responding further to Commissioner Geile, Mr.Jiricek stated
the proposed ordinance does not address any age requirements or restrictions;however,that is addressed
in the State statute. He stated if there is a concern regarding parents of a minor who did not receive
notification, the issue is referred to the local police department.
Greg Skibo stated he has been a tatoo artist for 22 years working in Fort Collins and Cheyenne,Wyoming.
He stated that due to the popularity of body art, he supports this ordinance, which he feels will protect the
public's health. He stated these are invasive procedures and he supports including an age requirement.
In response to Commissioner Masden, Mr. Skibo stated the upper ear has more nerves and he supports
including the regulations regarding ear piercing. There being no further comments, Commissioner Long
closed public testimony.
Responding to Commissioner Geile, Mr. Jiricek stated if piercing is included, personnel in department
stores, beauty parlors, and any other location that provides this service would be required to obtain a
license. Commissioner Geile suggested before considering including these more restrictive regulations,
the Health and Human Services Committee at CCI should review the proposed changes.
Commissioner Jerke moved to approve Code Ordinance#2002-8 on second reading Section 14-5-70.1.4
being amended to include the words "health, safety, and" prior to "welfare." Commissioner Masden
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PHASE 1 OF USE BY SPECIAL
REVIEW PERMIT#1328 - HCC HOLDINGS, LLP: Mr. Ogle stated the Department of Planning Services
received notification from the Clerk to the Board's Office that the Letter of Credit being held for Use by
Special Review #1328 expired on August 24, 2002. A site inspection was conducted and numerous
violations were found. He stated the applicant has corrected those items and staff now recommends the
Letter of Credit be released. Don Carroll, Department of Public Works, stated he did a site visit on
June 14,2002,and verified that all transportation items have been completed. CommissionerJerke moved
Minutes, September 9, 2002 2002-2489
Page 3 BC0016
to cancel and release said collateral for Use by Special Review Permit #1328 for HCC Holdings, LLP.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER VACATION OF SPECIAL USE PERMIT, SUP#82-DUANE AND FRANCES WILSON: Sheri
Lockman, Department of Planning Services, stated this partial vacation is required as a Condition of
Approval for Recorded Exemption#3252. She explained the property was previously permitted for a hog
and sheep feedlot,which is no longer operating, and staff recommends approval of this vacation request.
In response to Commissioner Geile, Ms. Lockman stated this is the A-1 Organic site located west of the
Town of Eaton. Commissioner Masden moved to approve said vacation. Commissioner Geile seconded
the motion, which carried unanimously.
CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT #930 - DUANE AND
FRANCES WILSON: Ms. Lockman stated this partial vacation is required as a Condition of Approval for
Recorded Exemption #3252, and it will not change the Use by Special Review provisions, it just amends
the boundary. Commissioner Jerke moved to approve said partial vacation. Commissioner Geile
seconded the motion, which carried unanimously.
CONSIDER PARTIAL VACATION OF AMENDED USE BY SPECIAL REVIEW PERMIT #1199 -
WESTERN MOBILE, INC.: Ms. Lockman stated as a Condition of Approval for Use by Special Review
Permit #1360, the applicants have requested to amend a portion out of Use by Special Review
Permit#1199. In response to Commissioner Geile regarding the traffic signal at the intersection of Weld
County Road 7 and Highway 119, Ms. Lockman stated that will be addressed in the following item of
business. Commissioner Jerke moved to approve said partial vacation. Commissioner Masden seconded
the motion, which carried unanimously.
CONSIDER REQUEST FOR EARLY RELEASE OF BUILDING PERMITS AND DELAY OF
INSTALLATION OF LANDSCAPING FOR USE BY SPECIAL REVIEW PERMIT #1360 - WESTERN
MOBILE, INC.: Ms. Lockman stated the applicant has requested an early release of building permits and
a delay in the landscaping requirement due to the current drought conditions. She stated staff has
reviewed and agrees with the submitted Landscaping Plan, and responding to Commissioner Jerke, she
stated the applicant is proposing to install the landscaping on the first non-drought year. Mike Hart
represented the applicant and clarified they would like to delay until Spring of 2003 unless the Left Hand
Water District indicates it won't allow any water to support new landscaping. He explained they did receive
mandatory watering restrictions this year, and they will be prohibited from doing any watering after
October 1, 2002. He stated the earth work and grading will still be completed this fall,and the Department
of Building Inspection is reviewing the plans for all of the structures, so the permits should be ready to pull
by September 20th. Mr. Hart stated the Resolution requires the applicant to complete numerous things
prior to recording the plat, all of which have been completed, with the exception of the signalization and
road maintenance work. He stated there are two separate agreements with the Department of Public
Works for these items, which are in draft form at this time and he feels they may be completed by
September 20th, but it would still be helpful to have building permits early since they are ready to
commence. Mr. Hempen concurred and stated they are just finalizing the details. In response to
Commissioner Geile, Mr. Hart stated upon confirmation from the County, they will hire Felsburg, Holt and
Ullevig to do the design work, and coordinate with the plans of Weld County and the Colorado Department
of Transportation (CDOT). Mr. Hempen added CDOT will not enter into an agreement with a private party
so it has to be with the County, but the applicant will pay for the work done by Felsburg, Holt, and Ullevig.
He stated they anticipate the signal to be in place within the next 12 to 18 months. Commissioner Geile
stated it does not appear an early release of Building Permits will compromise the completion of the
signalization,therefore, he moved to approve said request for early release of building permits and a delay
of the installation of landscaping. Commissioner Jerke seconded the motion. Mr. Barker suggested
including a specific date for the Board to reconsider the landscaping requirement and whether it is feasible
Minutes, September 9, 2002 2002-2489
Page 4 BC0016
to do the landscaping. Commissioners Geile and Jerke amended their motion to delay the landscaping
requirement until May 31, 2003. There being no further discussion, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #3377 - HOWARD AND RITA TROSTEL: Ms. Lockman gave a
brief description of the location of the site and stated the applicants have met all of the requirements;
however, there was an amendment completed in 1998, and Section 24-8-120 of the Weld County Code
indicates an amendment puts a parcel of land back into the ten-year time frame. She stated, upon review,
staff feels the amendment should have been considered as a corrected plat and recommends a waiver
of the ten-year requirement. Commissioner Jerke moved to approve said Recorded Exemption #3377,
with the Conditions of Approval as recommended by staff. Commissioner Masden seconded the motion.
In response to Commissioner Long, Howard Trostel, applicant, stated he has reviewed and agrees with
the Conditions of Approval. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2002-8 was approved on second reading, with changes as discussed.
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 COMMISSIONERS
WELD COUNTY, COLORADO
ems
ATTEST: LWIr EL≥ EXCUSED
/i•
GI Vaad, hat
Weld County Clerk to the (ar, ?' ' i
l1Fiat
David 2ProTem
BY: . /i . �dee. e40 J� -ti
Deputy Clerk to the BoarNS, z
• M. J. Geile
William H. Jerke
Robert D. Masden
Minutes, September 9, 2002 2002-2489
Page 5 BC0016
•
Intermili Land Surveying ZC.cowuY
-Regisrered in Colorado& Wyoming-
TN
1301 N. Cleveland Ave.
Loveland, Colorado 80537
(970) 669-0516
Fax: (970) 635-9775
E-mail: intermill3@earthlink.net - -
** NEIGHBORHOOD MEETING NOTICE **
September 3, 2002
Dear Property Owner:
This letter is to notify you that neighborhood meetings will be held from 6:30 P.M to
8:30 P.M. on Monday, September 16, 2002 at the Berthoud Senior Center located at 248 Welch
Avenue, Berthoud, Colorado. The reason for these neighborhood meetings is to present and
discuss the two development proposals located in your neighborhood as listed below. Please note
the time for each presentation.
KDR SUBDIVISION(6:30 to 7:30):
KDR Subdivision is a nine (9) lot subdivision proposal. The property is located at the Southwest
corner of the intersection of Colorado State Highway 60 and Weld County Road I (County Line
Road). The property contains approximately twenty-eight (28) acres and currently lies vacant.
The newly created lot will contain approximately 2.3 acres each. The lots will be used for single-
family residential uses and permitted accessory uses.
RIPSAM FARMS CONSERVATION DEVELOPMENT(7:30 to 8:30):
Ripsarn Farms Conservation Development is a seven (5) lot conservation development proposal.
The property is located at the Southwest corner of Larimer County Road 12 and Larimer County
Road 904 (County Line Road). The property contains approximately forty (40) acres and
currently houses one residence along with vacant pastureland. The lot with the existing residence
shall contain approximately twenty (20) acres and the six (6) newly created lot will contain
approximately 2.5 acres each. The lots will be used for single-family residential uses and
permitted accessory uses.
This meeting is a requirement of Larimer County, prior to submittal for review by the
Larimer County Planning Department and public hearings before the Larimer County Planning
Commission and Larimer County Board of County Commissioners on the project. If you have
any questions or comments on this proposal prior to the neighborhood meeting, please feel free to
call myself at (970) 669-0516 or the Larimer County Planning Department at (970) 498-7700 to
discuss these issues.
Sincerely;
INTERMILL LAND SURVEYING, INC.
AG / sid./(4 EXHIBIT
Robert G. Persichitte
Project Manager .1:r:- 1*0
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Stan and I met with Weld County Public Works Officials on
11/22/99 concerning the previous meeting we had with them in July
of ' 99 . We met with Commissioner Glenn Vaad, who chairs the
Committee for County Works and the new Director of County Work= ,
Frank Hempen plus two of his staff engineers .
1 . We presented our letter of 11/16/99 and reviewed the
history and request for the paving of Road 1 .
2 . We talked about the urgency of the paving resulting from
the accelerated phase 1 four lane project beginning at Derby Hill
and running two and half miles south on 287 which will begin this
coming June of 2000 . It was understood that the construction
portion would be closed except for local traffic and would
obviously put an overload on people going eastbound on 402 to Rd 13
and then south dead ending into state highway 60 , then a slight jog
to the east putting them southbound on Rd I to bypass the
construction.
3. Frank Hempen said that Rd 1 had been approved for paving
per the following schedule:
Design and right of way purchase - 2000-2001
Move utilitiLs and irrigation ditch 2001 -2002
Grade and pave - 2002-2003
4 . They provided a traffic count :
1997 - 240 cars daily average
1999 - 270 cars daily average
The criteria for this type of road in the county would
require at least a minimum of 200 daily average .
S. They have approved a budget over this 3 year period of
time of 1 . 4 million all to be provided from Weld County . Glenn
Vaad reminded them of Larimers need to share in the cost and that
he was pursuing the state for CDOT funding because the 287 detour
for two to three years will be as a ' result of their closures .
Glenn said he would work both the Larimer County and CDOT issues
and report back to us .
6 . We requested the paving schedule be acclerated based on
the urgent need and the surprised earlier start date on 2S7 . They
agreed to look into it but would make no promises .
7 . Discussed the problems of paragraph 4 and 5 of the
11/16/99 letter concerning the conflict between a good gravel based
road verses the dirt packed base for dust treatment . That
discussion went on for scmet inie with Stan and I trying to describe
the pitiful condition of this 2 mile stretch of roa.! . Stun
couldn' t understand why LCR 12 west bound from 48 and Rd 1 could be
in so much better condition with its dust treatment than either of
the two mile stretchs of Rd . I . One of the engineers said that
the Larimer Co . philosophy is much different than Weld Co. in the
construction and use of dust treatment . We requested that if they
.rte. ...
could nut accelerate the paving , that Rd I should at least -s-t-
:: be given a good gravel base and maintained to some
ac .-eptable level in the meantime . They agreed but said they didn' t
%ant to spend any large sums of money since it would have to be
removed for the new construction later .
The; were very cooperative and never implied that the property
owners would have to share in the cost . They invited us to keep
them updated and would meet with us at any time in the future to
review the status of the project .
odie
1/-016 -47?
•
CotyZet
Weld County Commissioner Nov . 16 , 1999
Mr . Glenn Vaad
Subject : County Road 1 Paving Survey Information
Several months ago Jodie Cowley and Stan Edmisten , representing
property owners adjacent to Road 1 , met with you and the Weld Co .
Road Superintendent , Dave Becker , to drive the unpaved portion of
County Rd . I and review it ' s condition . We were requesting it be
paved since it is the only remaining 2 miles of Road 1 unpaved from
Broomfield to Loveland . The following points were brought up and
discussed :
1 . During the next few years , Highway 2S7 will be
constructed into 4 lanes between Berthoud and Loveland. It
will be closed from time to time due to construction , shifting
an overload onto County Rd . 1 . You suggested that the timing
would be right to request CDOT funding to pave this 2 mile
stretch since it will receive heavy traffic during highway
construction . Dave Becker indicated that joint new
construction funds would also be required from both Weld and
Larimer Counties .
Since our meeting , the plan has solidified for the widening
of 2S7 south from Loveland as a first phase in July 2000 and
the bypass around Berthoud would be a second phase in 2001 .
The enclosed article from the Loveland Reporter Herald
identifies these projects .
2 . You suggested that we survey the neighborhood to
determine the verbal agreement/disagreement of this project .
Since our meeting we have also conducted a survey of all
effected property owners along County Road 1 and WCR 4S . All
except one (he was undecided at the time ) have indicated their
desire to have the 2 mile section of road paved as quickly as
possible . As we personally contacted each of these
individuals , they were all frustrated and somewhat disgusted
over the maintenance and poor conditions of the road . Some
of which have already made several complaints to Larimer
County since they currently have maintenance responsibility
of that section .3 . The county agreed to do a traffic count frortlI time to time
to assist them in determining the needs of such a project .
Dave Becker agreed to collect this information and make it
available for our future review . We hope that this info
has been cni ! nrted and can be made available ,
4 . Currently , the north 2 miles of Rd . I from WCR LC to
State Highway 60 is impossible to keep maintained now
without the added traffic flow from the 287 construction
closures . With little or no road base , it is always very
rough with washboards and filled with potholes . This
requires almost weekly grader maintenance with only marginal
results .
5 . This section of road is in extremely bad condition and
during wet conditions it becomes a real quagmire , causing
cars to loose control and sometimes stall in the deep mud
causing a driving hazard and a safety concern . The mud
problem is compounded by the mag/chloride dust treatment
which pulls moisture from both the sub base as well as
surface moisture from stormy conditions . The dust treatment
material is also very corrosive to all vehicles painted
surfaces and particularly the new aluminum wheels .
In reviewing the dichotomy between the above items 04 and 45 , it
appears from discussions we have had with both Larimer and Weld
County Road Dept . officials , that we are fighting a no win
situation . Wherein , the building of a solid gravel roadbase to
provide an acceptable and maintainable gravel road is incompatible
with also having a dust treatment process . In our discussions we
have found that the dust treatment material must be applied to a
dirt or soil base without gravel in order to control the dust and
compact the road surface as required . This appears to be
inefficient and rather costly when considered over the past 10 or
15 years where this regular maintenance is performed many times
during a year . We feel the cost of paving this section of road
could , in the long run , be a cost reduction in labor and materials
to the tax payers in both counties .
We trust that the above information will be helpful in providing a
solution to this situation and look forward to meeting with you to
discuss these things at your convenience . For your information we
have enclosed a copy of the survey sheets with each property owners
name and address .
Sincerely , The County Road 1 Neighhorh od Committee represented by :
Stan Ed isten Jodie Cowley
371 WCR 48 23100 WCR 1
Berthoud , CO 80513 Berthoud , CO 80513
970-532-2739 970-532-5170
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