HomeMy WebLinkAbout20020926.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 15, 2002
TAPE #2002-13
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, April 15, 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of April 10, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on April 9, 2002, as follows: 1) Violation Hearings. Commissioner Masden 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: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $567,677.06
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
2002-0926
BC0016
NEW BUSINESS:
CONSIDER DUST BLOWING COMPLAINT - S8, T3N, R66W (BELLA FARMS, LLC): Bruce Barker,
County Attorney, stated a complaint was received by telephone from JRT Farms concerning dust blowing
from property belonging to JT Investments, Ltd., LLP,and being operated by Bella Farms, LLC. Mr. Barker
stated the damage includes a borrow ditch full of sand, soil deposit on property belonging to JT
Investments, as well as soil covering farm machinery on the south side of Weld County Road 34. Mr.
Barker stated Norman Wells, Jr., United States Department of Agriculture, Natural Resources
Conservation Service, Brighton District, inspected the property and submitted a letter dated April 12,2002,
concerning his findings. Notice was sent to Bella Farms and JRT Farms via certified mail. Mr. Barker
explained the Board of County Commissioners needs to Find all five of the items listed in the draft
resolution. Tom Haren,AgPro Environmental Services, representing Bella Farms,which is owned by Gary
Hendricks, stated Bella Farms bought the farm approximately two years ago, at which time it was woefully
deficient on soil, organic material, and crop residue. He stated there has been significant application of
manure on the farm in order to try and increase that; however, the future plans are to plant one-half of the
ground in hay this year and full hay production next year. He also plans to follow through with the
conservation services plan. Responding to Chair Vaad, Mr. Haren stated this year one-half the ground will
be planted in corn for silage, and they will leave strategic rows standing at harvest time to prevent blowing,
as well as field stubble. Responding to Commissioner Masden, Mr. Haren stated this parcel has very
sandy soil, and it has historically had blowing problems. Responding further to Chair Vaad, Mr. Haren
stated he does have a copy of the letter from the soil conservation service; however, there currently is no
conservation plan on this parcel, although there is one for the dairy. He stated that one will be prepared
for this parcel. No public testimony was given. Responding to Commissioner Geile, Mr. Barker stated
when this item was scheduled he was not aware a plan was being put into place, and this type of
procedure is emergency in nature. He further stated implementation of the plan will resolve the
emergency, therefore, the best thing to do is to dismiss the case. Responding to further questions from
Commissioner Geile and Chair Vaad, Mr. Barker stated there is no way to know if the plan will satisfy the
concerns of Mr. Wells; however, the case can be brought before the Board at a later time if Mr. Wells is
not satisfied. He further stated if the item is continued, it loses the emergency basis required for one of
the Findings. After further discussion, Commissioner Geile moved to dismiss the case based on the
testimony from the respondent, since an emergency basis no longer exists. The motion, which was
seconded by Commissioner Masden, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TEXTRON FINANCIAL
CORPORATION: Duane Robson, Assessor's Office, stated the equipment in question is ground
maintenance equipment from a local country club,which reported the equipment as being leased;however,
staff has now received documentation of a conditional sale; therefore, it is being transferred back to the
country club and asking the taxes for Textron Financial Corporation be abated. Commissioner Masden
moved to approve said petition. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 4 AND AUTHORIZE CHAIR TO SIGN - EICHNER: Frank Hempen, Jr.,
Director of Public Works, stated this agreement is for purchase of right-of-way for the Weld County Road 4
Project. He further stated the total cost is $723.50 for acquisition and construction easements.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 4 AND AUTHORIZE CHAIR TO SIGN - RUMERY: Mr. Hempen stated the
total cost is $4,470.00 for acquisition of right-of-waw, acquisition of an easement, and removal of an
ornamental fence. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, April 15, 2002 2002-0926
Page 2 BC0016
CONSIDER EASEMENT AGREEMENT FOR GAS PIPE LINE AND AUTHORIZE CHAIR TO SIGN -
KINDER MORGAN, INC.: Mr. Hempen stated this is an easement agreement to allow Kinder Morgan, Inc.
to install a gas pipe line on property which is along the north property line of the Dacono grader station.
He stated the agreement is for acquisition of a permanent easement for the gas line and a construction
easement for construction purposes, with a total of$1,296 being paid for the actual property value. The
agreement also stipulates Kinder Morgan, Inc. will construct the pipeline, fill the trench, and restore the
ground to its original condition. Responding to Mr. Warden, Mr. Hempen stated it will not be in the way
of the fuel station which will be installed. Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CONTRACT FOR ENERGY IMPACT GRANT AND AUTHORIZE CHAIR TO SIGN - PUBLIC
SAFETY BUILDING: Mr. Warden stated this is the official contract for the $300,000 Energy Impact Grant
for the Public Safety Building, for which construction will begin this week. Commissioner Geile moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
SECOND READING OF CODE ORDINANCE #2002-3, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY, THE ADDITION OF ARTICLE V SANITARY STANDARDS FOR JAIL
FACILITIES, TO CHAPTER 17 PUBLIC PLACES: Commissioner Geile moved to read by title only.
Seconded by Commissioner Long, the motion carried unanimously. Mr. Barker read the title of the
Ordinance into the record. Responding to Chair Vaad, Mr. Barker stated this keeps the authority here in
county instead of state setting standards. No public testimony was given. Commissioner Long moved to
approve Code Ordinance#2002-3 on Second Reading. Commissioner Geile seconded the motion,which
carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND ACCEPT COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT #1329 - LOVELAND READY MIX CONCRETE, INC.: Robert Anderson,
Department of Planning Services, stated a performance bond, in the amount of$237,448.00, has been
received for off site improvements, including intersection improvements at Weld County Roads 13 and 54,
as well as engineering and supervision. Don Carroll, Department of Public Works, stated the project will
widen Weld County Road 54, as well as upgrade Weld County Road 13 to pavement. He stated he agrees
with all quantities and recommends approval. Responding to Chair Vaad, Mr. Anderson stated the project
was spelled out in Development Standards or Conditions of Approval. Commissioner Geile moved to
approve said agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE)AND ACCEPT COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT #1329 - LOVELAND READY MIX CONCRETE, INC.: Mr. Anderson stated
this is the on-site agreement,for which a separate bond in amount of$39,256.00 was received. He stated
it includes interior road work, fencing, landscaping, engineering, and supervision, and he recommends
approval. Mr. Carroll stated this agreement concerns the approach road to the scale house and
construction of a small parking lot to accommodate those using the pit, in order to abate dust between the
scale house and Weld County Road 13. Responding to Commissioner Long, Mr. Carroll stated there is
currently three-strand barbed wire fencing, and nothing additional is being added. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
Minutes, April 15, 2002 2002-0926
Page 3 BC0016
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND ACCEPT COLLATERAL FOR SITE PLAN
REVIEW, SPR#340- ROLINDA COLORADO COMPANY, LTD.AND FIREBAUGH PRECAST, INC.: Mr.
Anderson stated a bond in the amount of $350,000.00 was received for on-site improvements and this
property is adjacent to the Dacono municipal boundaries on Weld County Road 12. Responding to
Commissioner Geile, Mr. Anderson stated this has not been annexed because of the industrial nature of
the site, and it is an older subdivision PUD in which the owners have not chosen to annex. He also stated
Dacono does not have the appropriate personnel to supervise the improvements; however, they do plan
to annex it later. Mr. Carroll stated he reviewed the project, and approximately 1,700 feet will be upgraded
and paved. He stated the figures appear to be adequate for the project, and he recommended approval.
Responding to Chair Vaad, Mr. Carroll stated the design of the paving will accommodate the load required
for pre-cast concrete. Commissioner Geile moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#323-
STA LABORATORIES,C/O SUN CONSTRUCTION AND DESIGN SERVICES, INC.: Mr.Anderson stated
this is a release of collateral. Department of Public Works staff has completed a site inspection, and the
Department of Planning Services recommends release of landscape items as well, for a total amount of
$77,914.00 being released. Mr. Carroll stated all transportation items have been completed to his
satisfaction. Responding to Chair Vaad, Mr. Carroll stated each site plan review is dealt with separately,
each has own collateral, and each must be completed to the satisfaction of Public Works. He said the
Vista Industrial Park is a separate item from each of the site plans. Mr. Anderson stated this property
stands alone, it is not part of Vista, although staff does look for similarities in landscaping, etc.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
SECOND READING OF CODE ORDINANCE #2002-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER 26
MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE: Commissioner Long moved to read by
title only. Seconded by Commissioner Geile, the motion carried unanimously. Mr. Barker read the title of
the Ordinance into the record. Mr. Anderson stated this amendment results from two applications, one
submitted by Tom Reynolds and Bill Woods, and one submitted by Tom Reynolds. Both applicants are
represented by Tom Haren, AgPro Environmental Services, Inc. Mr. Anderson described the location of
each parcel and stated the Planning Commission, on February 19, 2002, recommended approval of both
parcels. Mr. Anderson stated the applicants have complied with the Weld County Code, and the parcels
will be served by the Saint Vrain Sanitation and School District, the Little Thompson Water District, and
the Mountain View Fire Protection District. He reviewed the surrounding land uses and stated that, of
eleven referrals which were sent out, six responded, five of which included conditions, which have been
addressed through the Development Standards and Conditions of Approval, and one agency found no
conflict. Mr. Anderson stated the Board should be aware Tom Reynolds is considering the sale of the
property included in the second application,which is in Section 30,Township 3 North, Range 67 West,and
includes 53 acres. He stated it may be withdrawn prior to third reading of the Ordinance. Responding to
Chair Vaad and Commissioner Geile, Mr. Anderson stated there are only two other parcels north of
Highway 66 currently included in the MUD, including Sekich. Responding further to Commissioner Geile,
Mr. Anderson stated the Mead response was noncommittal, although they prefer to be notified of any
proposals for property immediately adjacent to town boundaries.
Tom Haren,AgPro Environmental Services, Inc.,represented the applicant. Responding to Commissioner
Geile, Mr. Haren stated the two applications are adding just under 800 acres of ground to the MUD. No
public testimony was given. Responding to questions, Mr. Haren stated the first two applications consist
of 320 and 480 acres,and the second application consists of 53 acres,for a total of 853 acres being added
Minutes, April 15, 2002 2002-0926
Page 4 BC0016
to the MUD. Responding to Chair Vaad, Mr. Haren stated the applicant would like the opportunity to
exclude the 53 acre parcel prior to third reading. Commissioner Geile indicated errors in the figures in
Table 22.4, and stated there should be an increase of 853 total, but staff can correct the numbers and
provide them to the Clerk for inclusion. Commissioner Geile moved to approve Code Ordinance#2002-3
on Second Reading, with adjusted figures to be provided by staff. Commissioner Long seconded the
motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinances #2002-3 and #2002-4 were 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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY ¢�OLO/ DO
ATTEST: At, / E La`�
g} '' GI Vaad, Chair
Weld County Clerk to th_ g4 tt s p.4
≤i / �p A David E. ng, Pro-Te
BY: o q c �/J..
Deputy Clerk to the Boar . de.tv
J. eil 6
EXCUSED
W' liam H. Jerke r
Robert D. Masden
Minutes, April 15, 2002 2002-0926
Page 5 BC0016
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