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Home My WebLink About20023022.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 18, 2002 TAPE #2002-38 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, November 18, 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 November 13, 2002, as printed. Commissioner Jerke seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on November 12, 2002, as follows: 1)Violation Hearings; and to certify hearings conducted on November 13, 2002, as follows: 1) Community Development Block Grant Application for Weld Larimer Revolving Loan Fund for small business assistance to companies located in non-entitlement areas of Weld and Larimer Counties; 2) A Site Specific Development Plan and Use by Special Review Permit #1401, Raymond and Dorthula Lahr; and 3)A Site Specific Development Plan and Use by Special Review Permit #1395, Highland Dairy, LLC, c/o AgPro Environmental Services, LLC. Commissioner Masden seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed. Commissioner Jerke seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2002-3022 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $433,235.94 Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-BLC DEVELOPMENT,LLC:Michael Sampson,Assessor's Office,submitted a map and a time line summarizing the situation,marked Exhibit A, which he reviewed for the record. He stated in 2001 the property was split and this item of business needs to be considered in conjunction with the following petition for Orr Hall, LLC. Commissioner Geile moved to approve said petition as recommended by staff. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-LANYO, LLC: Mr. Sampson stated the agent for the petitioner has requested the property value for 2001 be adjusted to be consistent with the amount agreed to by the Board of Equalization for 2002. Commissioner Long moved to approve said petition as recommended by staff. Commissioner Geile seconded the motion,which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ORR HALL, LLC: Based on the testimony in item#1 above,Commissioner Geile moved to approve said petition as recommended by staff. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-JOHN AND ALICIA ROTHERHAM: Mr. Sampson stated the original parcel was split which resulted in a double assessment and staff recommends approval of this petition. Commissioner Masden moved to approve said petition as recommended by staff. The motion was seconded by Commissioner Long, and it carried unanimously. CONSIDER EASEMENT ON LOT 7, 31 ROAD BUSINESS PARK, MESA COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - CHRIS AND SUSAN CAMERON: Walt Speckman, Director of Human Services, stated the property boundary was initially mismarked by the surveying crew for the Head Start property in Mesa County. He stated this is a corrective action to give him this easement,which the County has no need for. Commissioner Masden moved to approve said Easement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AMENDMENT TO MANAGEMENT OPERATING AGREEMENT FOR JAIL FOOD SERVICE FACILITIES AND AUTHORIZE CHAIR TO SIGN-ARAMARK CORRECTIONAL SERVICES, INC.: Dave Malcolm, Sheriffs Office, stated the Jail food service is still under contract for this year; however, he requested the contract be amended to grant a two-year extension. He further stated the amendment also provides a rotating oven for baked goods. Responding to Commissioner Masden, Mr. Malcolm stated trustee inmates prepare the food and fill trays, which is overseen by Aramark. In response to Commissioner Long, Mr. Malcolm stated the new owner will provide quicker meals to help serve the expanded population. In response to Commissioner Jerke, Mr. Malcolm stated Aramark will supply the oven up to$28,900,and it will become the property of Weld County after three years. In response to Chair Vaad, Mr. Malcolm stated the food rates will remain the same for 2003, with the potential for an increase during the two-year extension. Commissioner Long moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. Minutes, November 18, 2002 2002-3022 Page 2 BC0016 CONSIDER TEMPORARY ROAD CLOSURE OF WCR 35 BETWEEN WELD COUNTY ROADS 38 AND 40: Frank Hempen, Jr., Director of Public Works, stated this portion of road will be closed for five days to replace the bridge deck,and the work should be completed by the end of the week. Commissioner Masden moved to approve said temporary closure. Commissioner Long seconded the motion, which carried unanimously. CONSIDER CHANGE ORDER #1 FOR BRIDGE REHABILITATION CONTRACT AND AUTHORIZE CHAIR TO SIGN - CAN-DO CONCRETE CONSTRUCTION, INC.: Mr. Hempen stated bridge backwall rehabilitation program uses concrete to reinforce the backwalls and extend the life of a bridge for 20 to 30 years. He stated they budget $200,000 for this program each year, and this change order will add three bridges to the current contract, in the amount of$59,950. He stated they have compared the bid amounts and the proposed cost is reasonable and within the budget. Responding to Commissioner Jerke, Mr. Warden stated this expense will be covered by the 2002 budget. Commissioner Jerke moved to approve said Change Order. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER LEASE FOR MOTOR GRADER #2ZK07974, WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-CATERPILLAR FINANCIAL SERVICES CORPORATION: Claud Hanes stated this and the following five items are three-year leases for Caterpillar motor graders. He stated they will cost a total of$174,696.51 each,with a monthly payment of$1,438.00. Commissioner Geile moved to approve said lease and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER LEASE FOR MOTOR GRADER #2ZK07966, WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-CATERPILLAR FINANCIAL SERVICES CORPORATION: Based on previous discussion, Commissioner Long moved to approve said lease. The motion was seconded by Commissioner Jerke, and it carried unanimously. CONSIDER LEASE FOR MOTOR GRADER #2ZK07959, WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-CATERPILLAR FINANCIAL SERVICES CORPORATION: Based on the previous discussion, Commissioner Masden moved to approve said lease and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER LEASE FOR MOTOR GRADER #2ZK07900, WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-CATERPILLAR FINANCIAL SERVICES CORPORATION: Based on the previous discussion, Commissioner Long moved to approve said lease and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER LEASE FOR MOTOR GRADER #2ZK07904, WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-CATERPILLAR FINANCIAL SERVICES CORPORATION: Based on the previous discussion, Commissioner Long moved to approve said lease and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER LEASE FOR MOTOR GRADER #2ZK07899, WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-CATERPILLAR FINANCIAL SERVICES CORPORATION: Based on the previous discussion, Commissioner Jerke moved to approve said lease and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE CONTRACT TO AUCTION WITH RITCHIE BROS. AUCTIONEERS (AMERICA) INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Hanes stated Ritchie Bros. Auctioneers (America) Inc., is having an auction on December 3, 2002, and this contract describes the four items available for auction which are no longer needed by the Minutes, November 18, 2002 2002-3022 Page 3 BC0016 County. Commissioner Geile moved to declare said equipment as surplus, approve the contract with Ritchie Bros. Auctioneers (American) Inc., and authorize the Chair to sign. The motion was seconded by Commissioner Jerke, and it carried unanimously. CONSIDER SERVICE CONTRACT PROPOSAL ACCEPTANCE FORM FOR RECABLING VARIOUS COUNTY OFFICES AND AUTHORIZE CHAIR TO SIGN-H AND H DATA SERVICES, INC.: Mr. Warden stated under this contract certain portions of the court house, the District Attorney's Office, and the administrative offices on the second floor of the Centennial Center will get upgraded cabling for a higher capacity. He stated this project was included in the budget. Commissioner Masden moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE CHAIR TO SIGN-NORTH METRO FIRE DISTRICT: Mr. Barker stated this is the standard agreement for sharing GIS data and he recommends approval. Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried unanimously. CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner Geile moved to appoint Kyle Ragland, Dan Fremont, Paulette Tarnasky,and Laura Daniel, and to reappoint Jim Gault, Sunita Sharma, Rick Brady, Patty Hughes, and Louisa Warfield to the Juvenile Community Review Board. Commissioner Long seconded the motion, which carried unanimously. PLANNING: CONSIDER ZONING PERMIT FOR A MOBILE HOME, ZPMH #2340, FOR A MOBILE HOME TO BE USED AS A TEMPORARY USE DURING A MEDICAL HARDSHIP - ANGEL HICKEY: Wendy Inloes, Department of Planning Services, gave a brief description of the location of the site. She stated the Department of Planning Services recommends denial of this permit because the applicant has been unable to submit evidence proving the need for full-time care. She stated there is evidence that they may need assistance on an emergency type basis. She further stated the site does not have adequate water or sewer services from the East Eaton Sanitation District. Responding to Commissioner Geile, Ms. Inloes stated Dr.Corliss has submitted letters indicating the past medical complications of the applicant;however, he does not reference a current need for full-time care. In response to Commissioner Jerke, Ms. Inloes stated the primary residence and mobile home are currently on the site, and the lots are approximately 11,250 square feet. Angel Hickey, applicant, submitted a letter indicating a need for surgery on her arm due to recent seizures. She stated once her son gets home, he can assist her in getting the water and sewer situation addressed. Responding to Chair Vaad, Ms. Hickey stated they did obtain a permit to move the mobile home. No public testimony was offered concerning this matter. Commissioner Jerke moved to deny the request of Angel Hickey for a Mobile Home Permit,ZPMH#2340,for a mobile home to be used as a temporary use during a medical hardship. He stated it does not appear the medical hardship meets the requirements, and the lot size is not suitable for two residences. He further stated that although the applicant has had difficulty establishing the infrastructure, if they were successful in bringing in water and sewer services, it would be difficult to control its use in the future. Commissioner Geile seconded the motion, which carried unanimously. Commissioner Long suggested staff survey the area to determine whether there are any other mobile homes which have been illegally placed. There being no further discussion, the motion carried unanimously. Minutes, November 18, 2002 2002-3022 Page 4 BC0016 SECOND 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: Robert Anderson, Department of Planning Services, stated the proposed changes address small scale mining, the definition or permitting process of commercial vehicles,construction and sales trailers,and manufactured structures, the word change from"gravel and asphalt"to"pavement,"an amended mobile home permitting and review process, a rewrite and simplification of the subdivision and exemption sections, a new section regarding commercial towers, and the addition of the language to require the survey of all lots in a Recorded Exemption. Mr. Anderson stated there is an additional change being proposed which was not considered by the Planning Commission. He stated staff is proposing Section 23-1-90 be modified to change the definition of Home Occupations addressing the storage of vehicles. Responding to Commissioner Geile, Mr. Anderson stated the current Recorded Exemption process only requires the survey of one lot and the proposed amendment would require surveying all the lots to avoid any discrepancies. CommissionerJerke commented many surveyors already survey all the lots as a standard procedure, but this just clarifies that it is a formal requirement. In response to Commissioner Jerke, Mr. Anderson stated paragraph G would be added to Section 23-1-90 to require a home occupation be limited to one vehicle. He explained this was initiated by the Zoning Compliance Office following complaints of residents parking various semi-trucks and trailers on their property over night. Responding to Commissioner Geile, Mr.Anderson stated a home occupation is a Use by Right, but they will now be restricted to one vehicle for the business. Any additional vehicles will require a Use by Special Review Permit. No public testimony was offered concerning this matter. Commissioner Geile moved to read Code Ordinance#2002-9 by title only. Commissioner Jerke seconded the motion,which carried unanimously. Mr. Barker read said title for the record. Commissioner Jerke moved to approve Code Ordinance#2002-9 on second 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 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. There being no further business, this meeting was adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /at l- EXCUSED DATE OF APPROVAL GI aad, Chair A. Weld County Clerk tot �'"�t , 4./*t r - .� f David E. Lon ro-Te BY: J 1 "\\.f Deputy Clerk to the Boar �� - M. J. eile bt..1— ) ,,,,,,,,, Iliam Jerke \ I\Q ; Robert D. Masden Minutes, November 18, 2002 2002-3022 Page 5 BC0016 Hello