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Home My WebLink About20022033.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 29, 2002 TAPE #2002-23 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, July 29, 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 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 July 24, 2002, as printed. Commissioner Masden seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings conducted on July 24,2002, as follows: 1) Change of Zone#569 from the R-5(Mobile Home Residential) Zone District to the R-2 (Duplex Residential) Zone District, JER, a partnership, c/o Lifestyle Homes, Inc.; 2) A Site Specific Development Plan and Use by Special Review Permit #1377, Gary and Carol VanderWal; and 3)A Site Specific Development Plan and Use by Special Review Permit#1380, Saddler Arena, LLC, do Richard McMahan, do Todd Hodges Design, LLC. Commissioner Long seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed. Commissioner Jerke seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS- BRUNO WEGNER: Chair Vaad read the certificate recognizing Bruno Wegner for thirty years of service with the Weld County Department of Public Works. Frank Hempen, Jr., Director of Public Works, presented Mr. Wegner with a retirement pin and stated he has performed in almost every position in the Department during that time. Mr. Hempen stated he appreciates that Mr. Wegner was always willing and dedicated to each of the jobs and he will 2002-2033 BC0016 be missed. Mr.Wegner stated he has enjoyed working for the County and he is proud of the staff that has worked through the years under various Commissioners, directors, supervisors and met the needs of the public. Commissioner Geile commended Mr.Wegner for his professionalism and high performance level, which has provided leadership to other employees and a valuable service to the public. Commissioner Long commented Mr. Wegner has been a valuable resource to the rural areas of Weld County. 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 $465,533.95 Electronic Transfers -All Funds $2,467,451.83 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE CHAIR TO SIGN - RLF, INC., DBA CJ'S LIQUORS: Mr. Barker stated Deputy J. D. Broderius indicated no concerns with this renewal application. CommissionerJerke moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER REQUEST TO WITHDRAW APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON AUGUST 11, 2002 - ACTION PURSUIT PAINTBALL, LLC, C/O ANTHONY NAVARRO: Bruce Barker, County Attorney,stated Anthony Navarro submitted an application and paid the necessary fees; however, due to the uncertainty of the Use by Special Review Permit under review, the event has been canceled. Commissioner Jerke moved to accept the request of Action Pursuit Paintball, LLC, do Anthony Navarro, to withdraw the application for a temporary assembly. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER ESTABLISHING PRECINCTS AND POLLING PLACES FOR 2002 ELECTIONS: Mr. Barker stated the Clerk and Recorder is required to submit this listing annually for Board approval of the precincts and polling places. Commissioner Jerke moved to establish the precincts and polling places for 2002 as recommended by the Clerk and Recorder. Commissioner Long seconded the motion, which carried unanimously. CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA - TRI-AREA AMBULANCE DISTRICT: Mr. Barker stated this is the standard form of agreement for access to the Geographic Information Services Division data. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WCR 54 BETWEEN WCR 17 AND STATE HIGHWAY 257: Mr. Hempen stated this portion of roadway will be closed August 5, 2002,and anticipated to reopen August 26, 2002. He stated they will replace two crossroad irrigation and storm drainage structures. In response to Chair Vaad, Mr. Hempen stated traffic will be detoured onto Highway 34, and the road will be closed at Weld County Road 17 and Highway 257. He further stated they have been working with the nursery along this portion of road by providing notification signs and handouts to their clientele. In response to Chair Vaad, he stated they will also publish a notice in the Johnstown Breeze for Minutes, July 29, 2002 2002-2033 Page 2 BC0016 additional notification to residents in the area. Commissioner Geile moved to approve said temporary closure. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER ACCEPTANCE OF DEED OF DEDICATION AND AUTHORIZE CHAIR TO SIGN - DENNIS SCHULTE AND A. BRUCE JOHNSON: Lee Morrison, Assistant County Attorney, stated this request is a requirement for a Recorded Exemption to provide access to the lots. He stated this will dedicate 30 feet of right-of-way to the County for acceptance, but not for maintenance. In response to Commissioner Geile, Mr. Morrison stated the deed is for 30 feet east of the section line. Don Carroll, Department of Public Works, stated there are power poles on the section line and a three-foot ditch also in the right-of-way. In response to Commissioner Jerke, Ms. Lockman stated two miles of Weld County Road 41 have not been constructed, but it does continue north from Weld County Road 86. Mr. Carroll stated the County does not usually accept right-of-way without requiring improvements; however, the Nonexclusive License Agreement will address the maintenance and improvements issue. In response to Commissioner Jerke, Ms. Lockman stated Jay Freeze has surveyed the right-of-way to the south, the location has been determined, and it will be delineated on the plat. Responding to Commissioner Masden, Mr. Morrison stated this request is necessary for an access, and Ms. Lockman added Planning Staff has consistently required a Nonexclusive License Agreement as a Condition of Approval for Recorded Exemptions that do not have access from an established road. Bruce Johnson, applicant, stated originally the property title showed that there was a reserved right-of-way; however, the County records indicated there was no right- of-way between Sections 8 and 9. He stated the 30 feet of right-of-way will be surveyed and disclosed on the plat. He further stated there is an Excel power line which runs directly on the section line, and there is a ditch which is also within the 30-foot right-of-way. Commissioner Geile moved to accept said Deed of Dedication 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 41 AND AUTHORIZE CHAIR TO SIGN - DENNIS SCHULTE AND A. BRUCE JOHNSON: Mr. Morrison stated based on the approval of the previous item, this agreement provides that the property owner will make the necessary improvements and accept maintenance responsibilities on this portion of road. Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Jerke, and it carried unanimously. CONSIDER ADDENDUM TO CONTRACT FOR PHASE II OF NORTH JAIL AND AUTHORIZE CHAIR TO SIGN - ROCHE CONSTRUCTORS, INC.: Pat Persichino, Director of General Services, stated this addendum is to the contract for the Law Enforcement Building and Phase II of the Jail. He stated the first addendum was for the law enforcement building, and this addendum provides for construction of Phase II of the Jail. In response to Commissioner Geile, Mr. Persichino stated the project is still on budget. Mr. Warden stated this will bring the total project cost to$8.1 million as planned. Commissioner Geile moved to approve said addendum and authorize the Chair to sign. The motion, which was seconded by Commissioner Masden, carried unanimously. CONSIDER AGREEMENT TO TAKE ASSIGNMENT FOR THREE (3) CONTRACTS TO PURCHASE PROPERTY IN DOWNTOWN GREELEY AND AUTHORIZE CHAIR TO SIGN-CLARKSON LAND, LLC: Mr. Warden stated this agreement is for the acquisition of property currently owned by Weld County Garage, Donald and Mary Jane Kerbs, and BK Cornerstone Investment, LLC, Ron Kingford/Joseph Bodine. He stated Weld County will acquire 2,000 square feet to be used as parking in the downtown area. He further stated as the court system expands over the next 15 to 20 years, this land will also be available for a future building site. He stated the property will be obtained at a competitive price, based on the assessed value of two years ago. Mr.Warden stated the sales contract states the three businesses will be allowed to continue tenancy for 18 months, at no cost, to accommodate relocation of the businesses. He stated the County will lose between $20,000 and$30,000 in interest that could have been Minutes, July 29, 2002 2002-2033 Page 3 BC0016 gained, and added the total investment in this project will be approximately $1.5 million. He stated it will provide much needed parking in the downtown area, as well as a land bank for future building space. Responding to Commissioner Jerke, Mr. Warden stated the sales contract is also contingent upon a resolution with a historical preservation group regarding the Weld County Garage sign. He further stated during the 18 months of tenancy, Weld County will have no maintenance obligations, and the tenants will be required to carry full general liability. In response to Chair Vaad, Mr. Warden stated there are no realty fees on the property owned by Weld County garage, and he reviewed the fees on the remaining two properties, which are the responsibility of the sellers. Commissioner Geile moved to approve said Agreement to take Assignment and authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried unanimously. CONSIDER REAPPOINTMENT TO BOARD OF RETIREMENT: Commissioner Geile moved to reappoint Rob Green to the Board of Retirement,with a term expiring July$1, 2006. Commissioner Jerke seconded the motion, which 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 9:50 a.m. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: fatejaa) La � J/Gle Vaad Chai Weld County Clerk to theffoa t ito 1861 � :} � 'eVp � Davi g, Pro-Tem BY: �i.�L/�i,r Deputy Clerk to the Boa'1 ,* ,N° 1 M. J. eile 11 / Ilia H. Jerke R bert . Ma den Minutes, July 29, 2002 2002-2033 Page 4 BC0016 Hello