HomeMy WebLinkAbout20023142.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 9, 2002
TAPE#2002-40
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, December 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
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke - EXCUSED
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of December 2, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 12) Consider Agreement for
Tax Incentive Payments and authorize Chair to sign - Structural Component Systems, Inc. [2002-3143];
and 13) Consider two Agreements for Tax Incentive Payments and authorize Chair to sign - Eastman
Kodak Company, Colorado Division [2002-3144].
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $3,851,293.04
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
2002-3142
BC0016
BIDS:
PRESENT TRAFFIC SIGN COMPUTER SYSTEM BID - DEPARTMENT OF PUBLIC WORKS: Pat
Persichino, Director of General Services, presented the two bids received. Said bids will be considered
for approval on Monday, December 23, 2002.
PRESENT DUST CONTROL AT WCR 51 BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
presented the sole bid received. Said bid will be considered for approval on Monday, December 23,2002.
PRESENT PLAYGROUND EQUIPMENT (FREDERICK) BID - DEPARTMENT OF HUMAN SERVICES:
Mr. Persichino presented the sole bid received. Said bid will be considered for approval on Mnday,
December 23, 2002.
APPROVE BANKING SERVICES BID-DEPARTMENT OF FINANCE: Mr.Persichino read a Memorandum
from Don Mueller and Claud Hanes, dated December 6, 2002, for the record. He stated they recommend
approval of the bid from Wells Fargo Bank West N.A. In response to Commissioner Geile, Mr. Persichino
stated there will be a five-year term, and Wells Fargo will do an analysis on a daily basis. Commissioner
Geile moved to approve said bid as recommended by staff. Commissioner Masden seconded the motion,
which carried unanimously.
APPROVE COMMISSARY SERVICES BID - SHERIFF'S OFFICE: Mr. Persichino stated the Sheriff's
Office recommends approval of the low bid from Keefe Commissary Network. He stated the other vendor's
software is not compatible with the current Tiburon system. Commissioner Masden moved to approve said
bid as recommended by staff. The motion, which was seconded by Commissioner Geile, carried
unanimously.
OLD BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE: Lee Morrison, Assistant County Attorney, stated this item was
continued from November 20, 2002, to allow consideration by a full quorum of the board; however,
Commissioner Jerke is not present. Commissioner Geile stated Commissioners Jerke and Masden had
previously expressed concern regarding traffic and additional problems as a result of allowing formal
dances. In response to Commissioner Masden, Mary Sipres, establishment owner, stated the dance
application does not alter the hours of operation, and they have three security guards which serve at the
entrance, on the main floor, and in the parking lot after hours. She stated they are only open on Friday,
Saturday, and Sunday evenings,so the establishment does not generate any traffic during the week. She
expressed concern with traffic which travels at 60 miles per hour,when the speed limit is 40 miles per hour.
Commissioner Masden expressed concern with patrons drinking in relation to the number of accidents in
the area, as well as trash along the road. Ms. Sipres stated they have picked up the clutter on their
property, and prohibiting dances is not going to eliminate the trash along the road. In response to
Commissioner Long, Mr.Morrison stated this is an administrative action,rather than a quasi-judicial matter,
and there are no formal standards or provisions to ensure the safety and well-being of the public.
Commissioner Geile reviewed the four items of criteria in determining Probable Cause for a liquor license,
and stated he finds no grounds for denial of this application. Commissioner Masden commented there
appears to be more trash near the establishment. Ms. Sipres stated the littering also occurs during the
week while they are closed and should not reflect on her business. She stated they are in the process of
trying to sell the business, the employees are trained in the TIPS program, and she abides by the
recommendations of the Sheriff's Deputies that patrol the area. Commissioner Geile stated he has not
heard testimony justifying denial and he moved to approve said dance application. Commissioner Long
seconded the motion. Commissioner Long stated if any problems occur, the issue can be brought back
to the Board through the renewal or probable cause process,which will provide better enforcement. There
being no further discussion, the motion carried.
Minutes, December 9, 2002 2002-3142
Page 2 BC0016
NEW BUSINESS:
CONSIDER FOUR PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS SENIOR CENTERS
FOR OPERATIONAL EXPENSES AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of
Human Services,stated the Area Agency on Aging recommends approval of these agreements,which will
cover the operating costs of the four senior centers. Commissioner Masden moved to approve said
agreements and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER TEN PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS SENIOR CENTERS FOR
OUTREACH ACTIVITIES AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the Area Agency on
Aging recommends approval of these agreements which will help senior centers with the necessary
resources for telephone reassurance calls, one-on-one visitations, and buddy programs. In response to
Chair Vaad, Mr. Speckman stated these programs keep lonely or isolated seniors involved in activities,and
tend to assist in keeping them out of assisted living situations. Commissioner Long moved to approve said
agreements and authorize the Chair to sign. The motion was seconded by Commissioner Geile, and it
carried unanimously.
CONSIDER FOOD DISTRIBUTION AGREEMENT FOR COMMODITY SUPPLEMENTAL FOOD
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is an ongoing agreement to
operate the Commodity Supplemental Food Program, which is subcontracted through the Weld Food
Bank. He stated the Weld Food Bank warehouses and distributes the food. In response to Commissioner
Geile, Mr. Speckman stated approximately 97 percent of the funds are passed through to the Weld Food
Bank, and the remainder is retained for administrative costs. Commissioner Masden moved to approve
said agreement and authorize the Chair to sign. The motion,which was seconded by Commissioner Geile,
carried unanimously.
CONSIDER APPLICATION FOR 2002-2003 PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK
GRANT FOR CREATION OF REGIONAL RESOURCE TEAM FOR SAFE MANAGEMENT OF SCHOOL
CHEMICALS IN WELD COUNTY: Dr. Mark Wallace, Director of Weld County Department of Public Health
and Environment, stated under this application a regional resource team will be created to monitor the
regulations of storage and use of school chemicals. He stated the Weld County Department of Public
Health and Environment currently does school inspections, and the $5,000 would be used to fund a
resource team which will coordinate with CSU to educate and promote the use of small-scale chemistry
labs. He further stated $2,500 will be used by Weld County for current operations, and the remaining
$2,500 will be used for the new program. In response to Commissioner Masden, Dr. Wallace stated they
will assist the schools with inventory of their chemicals, categorize those which are restricted, and dispose
of the larger amounts. Commissioner Masden moved to approve said application. Commissioner Long
seconded the motion, which carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON 35TH AVENUE ADJACENT TO
POUDRE RIVER BRIDGE: Frank Hempen,Jr., Director of Public Works, requested approval to install"No
Parking"signs on 35th Avenue,adjacent to the Poudre River Bridge, to prevent users of the Poudre River
Trail from parking on the shoulder. He stated the speed limit is 50 to 55 miles per hour. Chair Vaad
commented some were parking on the bridge and he hopes the signs will improve the traveling safety of
the public. Commissioner Long moved to approve said installation of traffic control devices. Commissioner
Geile seconded the motion, which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 7 BETWEEN WCR 20.5 AND STATE
HIGHWAY 119: Mr. Hempen stated this closure was previously presented; however, staff had
inadvertently indicated the wrong location. He stated this closure is necessary for repair of a bridge
Minutes, December 9, 2002 2002-3142
Page 3 BC0016
guardrail, and will be closed for approximately five days. Commissioner Geile moved to approve said
temporary closure. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 15 AND AUTHORIZE CHAIR TO SIGN - MICHAEL BOEHMER: Mr. Hempen stated
under this agreement Michael Boehmer agrees to upgrade and maintain Weld County Road 15, for one-
half mile south of Weld County Road 104. He stated the roadway will provide access to a parcel created
through a Recorded Exemption. Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 15 AND AUTHORIZE CHAIR TO SIGN-TRACY WILSON: Mr. Hempen stated under
this agreement, Tracy Wilson will upgrade and maintain Weld County Road 15 for one-half mile north of
Weld County Road 104 to provide access to a parcel created through the Recorded Exemption process.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion,which
was seconded by Commissioner Geile, carried unanimously.
CONSIDER AMENDMENT#2 TO AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE
CHAIR TO SIGN-MERRICK AND COMPANY: Mr.Warden stated this amendment provides for flying over
the area south of Severance, west of Highway 85 to the County line to update the GIS image system. He
stated this will provide a savings of approximately $115,000, rather than doing the imaging in three-mile
segments. In response to Commissioner Geile, Mr.Warden stated this is one of the most populated areas
in the County and needs to be updated more frequently. Responding to Commissioner Long, Mr.Warden
stated this is more economical than satellite imagery. Commissioner Geile moved to approve said
amendment and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it
carried unanimously.
CONSIDER RESOLUTION RE: CERTIFY THE NEED FOR THE PROVISION OF HEALTH CARE
SERVICES AT VARIOUS LOCATIONS WITHIN WELD COUNTY: Mr. Morrison stated North Colorado
Medical Center (NCMC) has requested the Board's assistance in applying to the State Property Tax
Administration for these three properties. He stated the application process requires a certification from
the Board of Commissioners that there is a need for health care services at the specified locations. Mr.
Morrison gave a brief description of the locations of the sites, and stated this does not mandate that the
sites be viewed as non-taxable, but it does indicate that they are places where medical care should be
provided. Commissioner Long moved to approve said Resolution. Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER RESOLUTION RE: DIRECT CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY
ORDINANCE#224-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2002:
Mr. Warden explained State law requires that Supplemental Appropriations be published once prior to
consideration. He stated Ordinance#224-B will be considered on December 18, 2002, and will address
the issue of additional grants for the year. Commissioner Geile moved to approve said Resolution.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
STRUCTURAL COMPONENT SYSTEMS, INC.: Mr. Warden stated the County is allowed to provide a
50 percent tax incentive to business for expansions or relocations in Weld County, for a four-year period.
He stated Structural Component Systems, Inc., relocated from Nebraska, and the agreement indicates
they will receive a tax incentive from 2002 to 2005. Commissioner Geile moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, December 9, 2002 2002-3142
Page 4 BC0016
CONSIDER TWO AGREEMENTS FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN
- EASTMAN KODAK COMPANY, COLORADO DIVISION: Mr. Warden explained State statute indicates
a business must double in size or have more than$1 million in surplus to qualify for the tax incentives. He
stated Eastman Kodak has indicated a $25 million profit for both years based on production and he
recommends approval of both agreements, which have different terms. In response to Commissioner
Geile, Mr. Warden stated equipment normally has a 7-year life; however, economic obsolescence can
increase the depreciation rate due to a competitive market. Responding to Chair Vaad, Mr.Warden stated
there are two separate agreements,which can be done under one Resolution. Commissioner Geile moved
to approve said agreements and authorize the Chair to sign. The motion was seconded by Commissioner
Masden and it carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION#3328-DONNA L.SEKICH TRUST: Sheri Lockman,Department
of Planning Services,gave a brief description of the location of the site and surrounding uses. She stated
the site is accessed from State Highway 66,and the access also serves four other homes to the west. Ms.
Lockman stated the Department of Planning Services approved Recorded Exemption #3228 on
October 25, 2002; however, the applicant has expressed concern with Conditions #3.J, #3.L, and #3.M.
Ms. Lockman indicated the locations of surrounding lots,which were illegally created by the applicant, and
stated the illegal parcels could be corrected through annexation to the Town of Mead or through corrected
deeds. She stated staff recommends denial of the proposed Recorded Exemption due to the previous land
splits which are violations of State and County regulations.
Ken Lind, attorney, represented the applicant and stated several of the conditions are not acceptable to
the applicant, therefore, they are requesting a final determination by the Board. Mr. Lind stated the
proposed Recorded Exemption is on an 80-acre parcel, which is not related to the other parcels referred
to by staff. He stated the parcel has access, it is non-irrigated land, and is suitable for this application.
He expressed concern with this application triggering a review of other properties owned by the applicant.
Mr. Lind clarified that Condition#3.A suggests the applicant designate a building envelope; however,that
is not an absolute requirement and they do not intend to place a building envelope. He also expressed
concern with Condition #3.D because Parcels 45 and 17 currently have access through Grandview
Subdivision, so an additional access permit from CDOT should not be necessary. Mr. Lind further
requested Condition #3.E be deleted because it involves providing access to other lots which are not
related to the application, and they have their own access and easements for utilities through Grandview
Subdivision. He stated the applicant agrees with Condition#3.J; however, he requested it be deleted from
the Resolution with the understanding that the applicant intends to correct the situation as a separate
matter. Mr. Lind stated he does not concur that parcels 17, 45, and 46 were illegally created. He stated
the parcels were legally created when they were excluded from the Annexation to the Town of Mead,
therefore, he requested Conditions #3.K and #3.L be deleted. He explained the Sekich Family has
obtained a master survey to determine the correct property boundaries,and any problems with surrounding
parcels should be dealt with separately,rather than being included with this application. He also expressed
concern with the approval being conditional upon the completed annexation by the Town of Mead on some
lots which are not even owned by the applicant. In conclusion, Mr. Lind requested the Board approve the
request, with the deletion of Conditions#3.E, #3.J, #3.K, #3.L, and #3.M.
In response to Commissioner Geile, Mr. Lind stated the East half of Section 19 is still owned by the Sekich
Family, which was previously divided into two 80-acre parcels. He stated the remaining 80-acre parcel
could remain in agricultural production under a half-pivot sprinkler system. He stated they chose not to
include the entire quarter section in the Recorded Exemption because that would restrict any further
development on the second 80-acre parcel for ten years. Mr. Morrison stated the issue of orderly and
efficient development needs to be addressed. In response to Chair Vaad, Mr. Lind stated there is an
existing access road for Lots A and B, and the remaining four parcels have access through Grandview
Minutes, December 9, 2002 2002-3142
Page 5 BC0016
Subdivision. Ms. Lockman submitted a map of Grandview Subdivision, and stated formal accesses were
not platted through the Subdivision,and during her site inspection, it was apparent that the residences and
garages were facing east toward the shared access from Highway 66.
Nick Sekich, applicant, stated the four adjacent lots are connected to Grandview Lane and Grandview
Circle,which are paved. Mr. Morrison stated the annexation process is not an operation of law, and State
statute recognizes that there are times when lots can be partially annexed,which does not create separate
lots or conveyances. He further stated a plat or deed is necessary to create separate legal lots.
Responding further to Mr. Lind's comments, Mr. Morrison stated the Board has a specific right to object
or participate in partitioning and condemnation cases. He stated the County's main remedy in correcting
illegal land splits is to withhold building permits; however, some were issued through the Town of Mead,
which does not have jurisdiction. He further stated the surrounding parcels can be considered in
determining whether the applicant has proposed an efficient or orderly development. Mr. Morrison
concurred that the discontinuous parcels should not be included in this consideration; however,the status
of the adjacent lots should be corrected in relation to this application. Mr. Lind stated as a result of the
Mead annexation and subsequent platting, Lots 17 and 46 were created and they were issued building
permits by Weld County. He stated there are existing structures and the properties have been deeded.
Mr. Morrison stated only one lot would have been created by the platting of Grandview Subdivision;
however, the applicant created an illegal land split by designating two separate lots. Ms. Lockman stated
the lots to the north and south of Parcels 17 and 45 are legal lots created through previous Recorded
Exemptions, which were platted before the subdivision. In response to Chair Vaad, Mr. Lind stated
parcel 17 is owned by the applicant, and parcel 45 has a separate owner. No public testimony was offered
concerning this matter.
Commissioner Geile commented that due to the complexities of the parcels surrounding the application,
and the testimony which confirms agricultural activities can continue on the adjacent 80-acre parcel, he
feels the surrounding parcels need to be dealt with as separate matters. In response to Chair Vaad, Ms.
Lockman stated Lots 45 and 17 were part of a previous Recorded Exemption,and they were left out of the
annexation. She further stated that although the platted subdivision should have resulted in one excluded
lot,two residences were constructed and designated as separate parcels. Responding to Chair Vaad, Mr.
Morrison stated title companies recognize parcels regardless of the illegal division, and there are no other
enforcement measures because the building permits have already been issued.
Commissioner Geile reiterated he feels this application should be dealt with separately, and he moved to
approve Recorded Exemption #2338, with the deletion of the last sentence of Condition #3.D because
there are other accesses through Grandview Subdivision. His motion also included the deletion of
Conditions #3.E, #3.J, #3.K, #3.L, and #3.M. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER SUBSTANTIAL CHANGE#22 REGARDING RECORDED EXEMPTIONS#2259 AND#2260-
BRET HARDER: Ms. Lockman stated the applicant is requesting a Substantial Change on two previously
denied Recorded Exemptions. She gave a brief description of the location of the property and the
surrounding uses. Ms. Lockman reviewed the reasons for the previous denial, which dealt primarily with
the poor condition of Weld County Roads 13 and 15, and the lack of legal access. She stated the
applicant has submitted evidence of a 60-foot access and utility easement along the section line for Weld
County Road 15. She stated staff feels there has been a substantial change in the circumstances, and
they recently approved Recorded Exemption#3221,which is north of the property owned by the applicant.
Bret Harder, applicant, stated his previous applications were denied due to the limited conditions of Weld
County Roads 13 and 15; however, since that time utilities have been put in and the roads are being
maintained to provide access to new residences in the area. Responding to Chair Vaad, Mr. Harder stated
there are underground electric utilities along Weld County Road 15; however, there are no rural water or
Minutes, December 9, 2002 2002-3142
Page 6 BC0016
sewer services in the area. Commissioner Long moved to approve Substantial Change #22.
Commissioner Geile seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE#2002-9, IN THE MATTER OF REPEAL AND REENACT,WITH
AMENDMENTS,CHAPTERS OF THE WELD COUNTY CODE, SPECIFICALLY,CHAPTER 23 ZONING,
CHAPTER 24 SUBDIVISIONS, CHAPTER 26 MIXED USE DEVELOPMENT, CHAPTER 27 PLANNED
UNIT DEVELOPMENT, AND CHAPTER 29 BUILDING REGULATIONS: Commissioner Masden moved
to read Code Ordinance #2002-9 by title only. Commissioner Geile seconded the motion, which carried
unanimously. Mr. Morrison read said title for the record. Robert Anderson, Department of Planning
Services, stated there have been no additions, changes or amendments since second reading and he
recommends approval. Commissioner Masden moved to approve Code Ordinance #2002-9 on Final
Reading. 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 #2002-9 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.
There being no further business, this meeting was adjourned at 11:00 a.m.
BOARD OF COUNTY COMMISSIONERS
�_ ��� WEL OUNTY, LO DO
ATTEST: � � �i.a / /��i�
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Gle aad ChaiF "
Weld County Clerk to the rardti. 7tir ()A CCZ ,(
\ItkDavid. g, Pro-Tem
BY: ,A.l. I/ ✓s , �I R
Deputy Clerk to the Boa � <211
M. J!Geile
EXCUSED
liam H. Jerke
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Robert D. Masden
Minutes, December 9, 2002 2002-3142
Page 7 BC0016
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