HomeMy WebLinkAbout20050454.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 7, 2005
TAPE #2005-09
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, February 7, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of February 2, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Masden moved to read Code Ordinance##2005-02 by
tape. Commissioner Long seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on February 2, 2005, as follows: 1) CZ #1065, Arnheim, LLC, c/o Banks and Gesso, LLC.
Commissioner Geile seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Add Bid: "Reject Bid Number B0500018 for a 4X4 One Ton Truck-Public
Works"
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden 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.
2005-0454
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,217,603.09
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
REJECT BID NUMBER BO500018 FOR A 1 TON PICKUP, 4X4 BID - PUBLIC WORKS: Mr. Warden
stated on February 2, 2005, Champion Chevrolet was awarded the low bid for said bid number. He
explained Champion Chevrolet has remitted a letter stating a mistake occurred in the bid documents and
a 4x2 one ton pickup was bid. Mr. Warden recommended the Board of County Commissioners accept
withdrawal of the bid from Champion Chevrolet. He stated the next two low bids from Spradley Barr Ford
and Garnsey and Wheeler Ford are no longer applicable because the cutoff for ordering from these two
vendors was January 28, 2005 and the 2005 pickup is no longer available. He stated the next low bid is
from King GMC,for the 2005 GMC C4500, in the amount of$39,693, however,staff recommends rejection
of all bids and will rebid later for a 2006 pickup. Commissioner Masden moved to accept withdrawal of the
bid from Champion Chevrolet. Seconded by Commissioner Long, the motion carried unanimously.
Commissioner Vaad moved to reject all bids for the 2005 one ton 4x4 pickup. Seconded by Commissioner
Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR 2004-2005 SCHOOL CHEMISTRY SAFETY GRANT: Dr. Mark Wallace,
Director, Department of Public Health and Environment, stated said grant would provide funds to expand
the regional resource team,which was created under a previous grant, in cooperation with the University
of Northern Colorado,to include science educators within each County school district. Dr.Wallace stated
the application also covers time spent for the inspection of school chemistry laboratories within Weld
County. He stated staff is attempting to target those teachers who are teaching out of their content areas
to help develop their internal resources. He stated the grant request is$2,250,and the funding cycle is from
March 1, 2005 through September 30, 2005. Commissioner Vaad moved to approve said application.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-MARKAND MICHELLE MADSEN:
Don Carroll, Department of Public Works, identified the location of the property and indicated access would
be between Sections 15 and 22. He stated there is 60 feet of right-of-way and adjacent property owners
have been contacted. Commissioner Long moved to approve said agreement. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAYANDAUTHORIZE CHAIR TO SIGN-ROGER AND GAIL DIECKHAUS:
Mr.Carroll identified the location of the property stating the applicant is building a home off the section line
and will be building a road in Section 25. He stated there is 60 feet of right-of-way and staff has contacted
surrounding property owners,including the Pawnee Grasslands authorities. Commissioner Masden moved
to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY ROAD 8 LOCAL IMPROVEMENT DISTRICT NO. 1992-3: Bruce Barker,
County Attorney,stated certain owners of properties,indicated in Exhibit A,have satisfied said liens and the
Minutes, February 7, 2005 2005-0454
Page 2 BC0016
subsequent resolution will be recorded by the Clerk and Recorder's office. Commissioner Masden moved
to approve said resolution. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY CHAMBERS TRACTS SUBDIVISION WATER AND SEWER LOCAL
IMPROVEMENT DISTRICT NO. 2003-1: Mr. Barker stated this is also a resolution for release of liens.
Commissioner Masden moved to approve said resolution. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR REIMBURSEMENT FOR JUDICIAL SERVICES
AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the agreement is to reimburse the Magistrate in the
Nineteenth Judicial District and staff to effectuate Weld County's new model traffic code that is currently
in process. He explained the rate will be$60 per hour for the Magistrate's time and $35 per hour for staff
support. Mr. Barker stated the State of Colorado approved the agreement. Responding to ChairJerke, Mr.
Warden stated $56,000 has been budgeted for this matter and the effective date of the agreement is
March 7, 2005. Commissioner Vaad moved to approve said agreement. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN-
BRANDON LUNA: Commissioner Masden moved to approve said appointment. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDERAPPOINTMENTAND REAPPOINTMENT TO CHILD PROTECTION CITIZEN REVIEW PANEL:
Commissioner Long moved to appoint Tracey McCoy and reappointment Gilbert Burgerhoff to said Board.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT TO AREA AGENCY ON AGING ADVISORY BOARD: Commissioner Vaad
moved to appoint Don Beierbach to said Board. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER SECOND READING OF ORDINANCE 2005-03, IN THE MATTER OF THE ADDITION OF
CHAPTER 6, ARTICLE I, ADOPTION OF MODEL TRAFFIC CODE, TO THE WELD COUNTY CODE:
Commissioner Long moved to read by title only. The motion, which was seconded by Commissioner
Masden, carried unanimously. Mr. Barker read the title of Ordinance #2005-03. Mr. Barker stated no
changes have been made since the last reading. He stated the Ordinance provides for the Model Traffic
Code to be enforced beginning March 7,2005 and stated the only changes are modifications in Sections
1709 and 1710 of the Model Traffic Code. He stated that Appendix 6-1, the Model Traffic Code Fine
Schedule, is in accordance with State statutes. There was no public comment. Commissioner Long
moved to approve Ordinance #2005-03 on second reading. Seconded by Commissioner Masden, the
motion carried unanimously.
PLANNING:
CONSIDER FIRST READING OF ORDINANCE 2005-02, IN THE MATTER OF THE ADDITION OF
ARTICLE XVI,GILCREST PLAN,TO CHAPTER 19 COORDINATED PLANNING AGREEMENTS,OF THE
WELD COUNTY CODE: Sheri Lockman, Department of Planning Services, identified the boundary of the
proposed agreement to be State Highway 256 on the north, State Highway 60 on the west, Weld County
Road 33 on the east, and Weld County Road 38 on the south. She stated that since 1994, Weld County
has worked with communities to establish intergovernmental agreements and the Department of Planning
Services recommends approval of the intergovernmental agreement (IGA) with the Town of Gilcrest
(Gilcrest). She stated said IGA meets the intent of the Weld County Code and Comprehensive Plan,
specifically Urban Growth Boundary Policies 1.1, 1.2 and 1.3.
Minutes, February 7, 2005 2005-0454
Page 3 BC0016
Menda Warne, Mayor,Town of Gilcrest,stated Gilcrest started the process for a new Comprehensive Plan
three years ago with a grant from the Colorado Department of Local Affairs. She explained Gilcrest is
currently looking at projects to make Gilcrest and the surrounding area attractive to residential and business
growth. She stated Gilcrest is currently working on a sewer retention system,a drainage system and some
economic development projects with the Economic Development Action Partnership Board. Responding
to Commissioner Masden,Mayor Warne stated Gilcrest has the capacity to provide sanitary service for any
projected growth over the next five years. Responding to Commissioner Geile, Mayor Warne stated the
Comprehensive Plan was completed with the assistance and guidance of the Department of Local Affairs.
Responding to ChairJerke, Mayor Warne reviewed current development occurring within the boundaries.
Responding to Commissioner Vaad,Mr. Barker addressed the letter from Jack McClellan,property owner.
He stated Weld County does not determine whether Gilcrest has the resources to conduct all of its
requirements. Mr. Barker confirmed the IGA does not address development fees. Referring to said letter's
question regarding oil and gas development, Mr. Barker stated the IGA is referred to if there is a land use
issue that needs to be determined by the Board of County Commissioners; however, oil and gas
development is only addressed if the facility is located within a residential zone district,and any large facility,
such as a gas processing plant or an oil refining plant,would necessitate a Use by Special Review permit.
He continued oil and gas drilling would not be regulated by the IGA; he stated the IGA accepts exemptions
and so it does not regulate recorded exemptions or subdivision exemptions. Responding to Chair Jerke,
Mr. Barker stated Weld County considers nine lots or fewer to be nonurban; and the IGA would restrict
nonurban uses in the urban area,unless the municipality was in agreement for that to occur. Mr. McClellan
stated his major concern was that, compared to other IGAs, the Gilcrest IGA is more restrictive and the
options for development within the IGA hinge on the whims of Gilcrest government. He stated the fees and
processing charges for Recorded Exemptions in Weld County are simple to determine;however,Gilcrest's
documentation and Code provides for the developer to pay all fees. He stated the definitions of Recorded
Exemptions and Subdivision Exemptions in the Gilcrest Code is significantly different than the IGA's in
surrounding towns. He referenced Sections 2.1, 2.2 and 3.3(f) of the Gilcrest Coordinated Planning
Agreement,stating Gilcrest excludes any agricultural use that is not already existing,declares"nonurban"
as being nine or fewer residential lots,and denies any proposal for nonurban development. Mr. McClellan
summarized by stating property owners have no influence over Gilcrest, the entire area has been placed
under a "no growth", and land will either be farmed or sit fallow until Gilcrest decides it is ready.
Commissioner Vaad reminded Mr. McClellan that Weld County no longer has IGA's with Milliken or LaSalle.
Chair Jerke stated those IGA's were once in place and have since expired and have not been renewed. In
conclusion, Mr. McClellan asked the Board of County Commissioners to consider the issue of minor
subdivision development within the IGA, because if a property owner within the IGA wants to do something
with his land, the IGA removes the opportunity to create a minor subdivision. There was no further public
comment.
Responding to Chair Jerke, Mayor Warne indicated the current retention ponds' location,stating Gilcrest
is looking at grant monies to move the ponds and there are future plans to expand the sewer system along
Weld County Road 29. ChairJerke stated it seems like the map of Gilcrest is becoming very large for what
is a very small community,and he has voted against many different urban growth IGA's because of the size.
He quoted Section 3.3(f) from the Gilcrest Coordinated Planning Agreement, stating the wording is
disconcerting because the agreement is requiring Weld County to deny proposals for non-urban
development in the urban growth area. Mr. Barker stated Recorded Exemptions--two, three or four lots--
do not come into play in said agreement, and they do not have to go through any process with respect to
Gilcrest,with the exception of referrals. He explained that nine or fewer lots are considered to be non-urban
within the agreement. After much discussion regarding minor subdivisions, Mayor Warne stated it is difficult
to stand between a small,struggling municipality like Gilcrest and personal property owners'rights. Chair
Jerke stated this is the first reading and the public will have an opportunity to attend and testify at future
readings. Commissioner Geile moved to approve Ordinance#2005-02 on first reading. The motion was
Minutes, February 7, 2005 2005-0454
Page 4 BC0016
seconded by Commissioner Vaad. Upon a roll call vote, the motion carried four to one with Chair Jerke
voting against the matter.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance 2005-03 was approved on second reading and Ordinance 2005-02 was
approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
'o further business, this meeting was adjourned at 10:20 a.m.
�t►v.. BOARD OF COUNTY COMMISSIONERS
1861 �,"'p, WELD COUNTY, COLORADO 4WetetiF
�� J William H. rke, Chair
® I s; wit lerk to the Board
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BY: L /u __,,ss//i
oep ty Clerk t he frtard C
vid . Long
Robert D. Masd n
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Glenn Vaad
Minutes, February 7, 2005 2005-0454
Page 5 BC0016
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