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Home My WebLink About20051183.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 13, 2005 TAPE #2005-20 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 13, 2005, 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 William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad - EXCUSED 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 Geile moved to approve the minutes of the Board of County Commissioners meeting of April 11, 2005, as printed. Commissioner Masden seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Jim Collins,Attorney representing the proponents of the Proposed East 1-25 Sanitation District, stated he has submitted an application to the North Front Range Water Quality Planning Association (NFRWQ)for the 208 boundary change that will be necessary to establish the District. He requested the Board of County Commissioners, as the land use management agency, write a letter of supportfor the 208 boundary change. Mr.Collins indicated he felt the Board's approval of the service plan would have been sufficient to indicate support; however, NFRWQ staff members have requested a letter from the Board as the land use management agency. He stated the simplified procedure would be inclusion in the Saint Vrain Sanitation District,which has indicated on the record that it has the capacity and is ready, willing and able to receive the sewage. Mr. Collins stated Saint Vrain has also indicated the same to the Town of Mead. Responding to Commissioner Geile as to whether it would be appropriate for NFRWQ to continue the matter until the lawsuit has been resolved, Mr. Collins indicated the NFRWQ can and should proceed with the application,because the 208 boundary change is not related to the lawsuit regarding the formation of the District. (See letter, marked Exhibit A and attached hereto.) John Burgeson,Engineer for the proposed District,stated the boundary change request is logical,the three- phase engineering plan is feasible,the phased plan is financially feasible,and the plan is environmentally 2005-1183 BC0016 responsible. He urged the Board members to support the boundary change. (See Letter,marked Exhibit B and attached hereto.) Gary Woods stated he is a landowner of 320 acres who has been involved in the formation of the district, and he also represents the Reynolds family, owners of an additional 480 acres. Mr. Woods stated he is in support of the boundary change,and he requested the Board submit the requested letter of support. He stated the Sketch Plan to proceed with the Change of Zone has been approved by Planning staff,conditional upon a viable sewer solution. He stated the most viable solution is for Saint Vrain Sanitation District to treat the sewage,which it is willing to do if the 208 boundary change is accomplished. Mr.Woods stated Mead does not offer a viable alternative, and it is using the 208 boundary to force annexation into its town. Merlin Maas,another landowner involved in the district stated that for over a year they have been following the procedures and regulations to get this district formed and he is frustrated with Mead's recent comments in various newspaper articles. He stated the new district is the right approach and he has been involved in water quality for 37 years. He stated regional services work best when it is reasonable and feasible. Mr. Maas indicated there are still landowners approaching the district for inclusion,and another landowner being threatened by Mead with condemnation of property for a wastewater treatment facility. Mr. Maas stated the application has been submitted,and a letterfrom the Board of Commissioners is necessary to move ahead. Responding to Commissioner Geile,Mr. Maas stated the matter will not be heard at the April 28th meeting unless the letter of support is received. Responding to further questions from ChairJerke, Mr. Maas stated Saint Vrain is ready,willing and able,to provide service and it has sent a letter to that effect. Saint Vrain has also sent a letter to Mead indicating it is available to provide service,although Saint Vrain does not agree with Mead's calculations. Mr. Collins stated the distinction is that Saint Vrain is the operating agency and the Board of County Commissioners is the land use agency,therefore,the district needs the support of both entities. Responding to Chair Jerke, Mr. Collins reiterated the NFRWQ staff has been adamant that the application cannot proceed without the support indicated. Chair Jerke stated a work session will be scheduled to determine the Board's wishes. CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $351,050.26 Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. BIDS: PRESENT ALLOWABLE ALTERNATIVE VEHICLES-PARA-TRANSIT BUSES BID-HUMAN SERVICES DEPARTMENT: Mr.Warden read the names of two vendors who submitted bids into the record. Said bid will be considered for approval on April 27, 2005. Minutes, April 13, 2005 2005-1183 Page 2 BC0016 APPROVE BITUMINOUS PAVEMENT HOT/COLD MIX AND ASPHALT BID-PUBLIC WORKS:Mr.Warden stated the bid was divided between north and south,with Lafarge West, Inc. being the low bid for the north area and Asphalt Specialties Company being the low bid for the south area. He stated the combined low bids equal$2,325,270,and the Department of Public Works has recommended approval. Responding to Chair Jerke, Mr. Warden stated the bid is for calendar year 2005,with the option of a three-year contract with a CPI adjustment. Commissioner Geile moved to approve the bid, as recommended. The motion, which was seconded by Commissioner Masden, carried unanimously. APPROVE 2005 SLURRY SEAL BID-PUBLIC WORKS: Mr.Warden stated the low bid failed to provide qualification documents;therefore,the Department of Public Works recommended the second low bid from Quality Resurfacing Company, in the amount of$647,378.03. Commissioner Masden moved to approve the bid,as recommended. The motion,which was seconded by Commissioner Geile,carried unanimously. APPROVE VARIOUS FUELS BID-PUBLIC WORKS: Mr.Warden stated the Department of Public Works recommended approval of the low bid from Agland,Inc.for diesel,unleaded fuel,and propane. Responding to Commissioner Geile, Mr.Warden explained the bid is for the amount,per gallon,that is added onto the daily cost of fuel. Commissioner Geile moved to approve the bid, as recommended. The motion, which was seconded by Commissioner Masden, carried unanimously. NEW BUSINESS: CONSIDER EXPENDITURE AUTHORIZATION FOR WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Linda Perez, Department of Human Services, stated these funds will be used to cover costs of presentations to local Workforce Boards at the regional level. Commissioner Gene moved to approve said expenditure and authorize the Chair to sign. The motion,which was seconded by Commissioner Long, carried unanimously. CONSIDER AMENDMENT #2 TO INTERGOVERNMENTAL DATA ACCESS CONTRACT FOR EMPLOYMENT AND TRAINING PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Perez stated this amendment extends the contract term by one year, beginning March 1,2005. She stated the funds allow access to the computer system that provides data for reporting. Commissioner Long moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Geile,the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 40.5 BETWEEN WCRS 3 AND 5: Frank Hempen, Jr., Director of Public Works, stated this closure is necessary for a bridge repair. Commissioner Masden moved to approve said closure. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR 27 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - JIMMY AND GAYLA SHUTT: Don Carroll, Department of Public Works, stated this access agreement is a requirement of Recorded Exemption #4037. He stated it is located on Weld County Road 32,for access on the section line where Weld County Road 27 would be located. Mr. Carroll stated there is 60 feet of right-of-way to accommodate Lots A, B, and C. He stated Lot D is a larger lot and the owner(s) has access to the residence from Weld County Road 34. Mr.Carroll stated surrounding property owners and the Town of Platteville did not respond to the notification sent to them. Responding to Commissioner Masden, Mr.Carroll indicated the size of the three lots is six acres each. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. Minutes, April 13, 2005 2005-1183 Page 3 BC0016 CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SAMURAI SAM'S TERIYAKI GRILL: Raelene Anderson, Assessor's office, stated when the taxpayer returned the 2004 declaration, some leaseholds were duplicated. She recommended approval of this petition to refund the proper amount. Commissioner Geile moved to approve said petition for abatement of taxes. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TRENWA, INC: Ms. Anderson stated this account was created in error,and the refund is necessary to delete this account. Commissioner Masden moved to approve said abatement of taxes. The motion,which was seconded by Commissioner Long, carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN-TOWN OF LONGMONT: Bruce Barker, County Attorney,stated the County has already executed agreements with Greeley, Erie and Evans,and this one is very similar. He stated there are only three areas east of Longmont which fit within the definition of"urban"under the 2000 census. Responding to Chair Jerke, Mr. Barker stated under our contract only six minimum measures are covered;however, Longmont has requested only two of the six. Therefore,the County will not be providing as much service. Responding further, Mr. Barker stated the Weld County Department of Public Health and Environment will complete inspections for construction projects. Mr. Warden stated there are only eight parcels included in the agreement,and no stormwater structures. Mr. Barker stated the map defines the three areas. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion 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. 4s/La BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO f Is ST: ( William H. J ke, Chair kotrn r to the Board M. G ile, ro-Tem BY: D puty Clerk o the oard D of Ro ert D. asden- EXCUSED Glenn Vaad Minutes, April 13, 2005 2005-1183 Page 4 BC0016 COLLINS COCKREL & COLE PAUL R.COCKREL A PROFESSIONAL CORPORATION TELEPHONE JAMES P.COLLINS ATTORNEYS AT LAW 303-986-1551 ROBERT G.COLE 390 UNION BOULEVARD,SUITE 400 800-354-5941 TIMOTHY J.FLYNN DENVER,COLORADO 80228-1556 TELEFAX EVAN D.ELA 303-986-1755 E-MAIL HEIDI ANDERSON HUMBEUTEL JCOLLINS@CCCFIRM.COM LINDA G.ALEXANDER DAVID A.GREHER April '/-/, 2005 VIA EMAIL Ms. Monica Daniels-Mika, Director Weld County Planning and Zoning Post Office Box 758 Greeley, Colorado 80632 Bruce T. Barker, Esq. Weld County Attorney Lee Morrison, Esq. Assistant Weld County Attorney Post Office Box 758 Greeley, Colorado 80632 Re: North Front Range Water Quality Planning Association Dear Monica and Gentlemen: Please accept this letter as the formal request of the property owners constituting the Proponents of the East I-25 Sanitation District for a meeting, either formal or informal, with the County Commissioners at the soonest possible date. As you know, the property within the proposed Sanitation District lies within the Land Use Authority of Weld County. As such, we believe Weld County is the appropriate entity to support these property owners to attain the most logical and economical regional wastewater treatment through the St. Vrain Sanitation District. The St. Vrain Sanitation District has repeatedly and formally indicated it will accept the wastewater from this service area; and certainly has the excess capacity to do so easily. It is the strong prevailing opinion that this alternative also is the most environmentally sound. EXHIBIT COLLINS COCKREL& COLE Ms. Monica Daniels, Director Weld County Planning and Zoning Bruce T. Barker, Esq. Weld County Attorney Lee Morrison,Esq. Assistant Weld County Attorney APRIL 7,2005 PAGE 2 The Town of Mead has begun litigation against Weld County, with the admitted intent to obstruct my clients' rights to develop their properties under Weld County authority. This is simply wrong. The appropriate forum for resolution of this issue is not in the courts, wherein only the lawyers benefit, but by addressing it head-on with the North Front Range Water Quality Planning Association, and effecting the logical change to the 208 Boundary. For this, we request the opportunity to address the County Commissioners at the earliest possible date, to seek direct County support before the NFRWQPA. Thank you in advance for your consideration. Sincerely, COLLINS COCKREL & COLE A Pro ssional Co ation y James P. Collins JPC/zah cc: Property Owners In c. A TEil2n TECH COMAFG. . 3801 Automation Way, Suite 100 Fort Collins,CO 80525-3434 970.223.9600 Fox: 970.223.7171 G Consulting scientists and engineers April 13, 2005 EAST I-25 SANITATION DISTRICT Service Plan Summary and Service Area Boundary Change Request • Logical—cooperation with a willing existing regional treatment facility. • Engineering Feasibility — a three-phase plan respectful of private property owner choices/plans. First Phase is by gravity for treatment at St. Vrain Sanitation District treatment plant. • Financial Feasibility — a phased plan that conserves private capital, landowner priorities/schedules • Environmentally Responsible — cooperation with existing Regional WWTP with excess capacity. Any new WWTP site will be contentious as to private property acquisition (condemnation)water quality improvement and residual sludge handling. 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