HomeMy WebLinkAbout20053140.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 26, 2005
TAPE #2005-39
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, October 26, 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, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of October 24, 2005, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Jerke added new Item of Business #8 - Consider Resolution
Authorizing the Issuance and Sale of Weld County, Colorado, Adjustable Rate Revenue Bonds (BSC
Hudson, LLC Project)
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Vaad stated he recently met with
representatives from the Sheriffs Office, and members of the community from the Town of Mead. He
stated the meeting discussed community watch systems,and the public was informed regarding services
that can be expected from the Sheriffs Office. He further stated extensive discussion was held regarding
methamphetamine manufacturing and distribution in the area. Responding to Commissioner Geile,
Commissioner Vaad stated one Town Board Member from the Town of Mead was present.
Minutes, October 26, 2005 2005-3140
Page 1 BC0016
//-7 05
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $336,064.50
Electronic Transfers -All Funds $2,884,922.51
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
APPROVE 3/4 TON 4X4 EXTENDED CAB PICKUP TRUCK WITH BI-FUEL PACKAGE OPTION -
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Warden stated the bid will need to be
continued until next Wednesday, November 2, 2005, since the Department of Public Health and
Environment is still evaluating the bid. Commissioner Masden moved to continue said bid to November 2,
2005, at 9:00 a.m. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDERCONTRACT FOR THE REPLACEMENT OF BRIDGE 87/42.5A OVER THE SOUTH PLATTE
RIVER AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION
(CDOT): Frank Hempen, Jr., Director of Public Works, stated three Federal Bridge Replacement Grants
were awarded to the County in 2003;however,funding was not scheduled until fiscal year2006. He stated
the first priority bridge project is Bridge 87/42.5, over the South Platte River, and sufficient funds are
available for the design,utilities,and right-of-way acquisition for the project. He further stated the agreement
with the Colorado Department of Transportation requires that the County pay a local match of 20 percent
of total costs, and monies have been set aside in a special account to fund associated costs. In response
to Chair Jerke, Mr. Hempen stated the out-of-pocket cost for Weld County will be approximately
$350,000.00. Mr. Hempen further stated the bridge is not in good condition, and the detours during the
construction process will be significant. Responding to Commissioner Vaad, Mr.Warden stated monies
set aside for construction projects are part of the financial figures that create the appearance of a surplus
in the County budget. Commissioner Geile moved to approve said contract and authorize the Chairto sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER REQUEST FOR RELEASE OF FUNDS FOR IMPROVEMENTS ESCROW AGREEMENT
#13685600 AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC, C/O
CALPINE CORPORATION: Mr. Hempen stated the draws from the Escrow Agreement have been
completed, and there is a residual amount leftover. He stated all projects have been completed, and the
money will be returned to Rocky Mountain Energy Center. In response to ChairJerke, Mr.Hempen stated
residual funds of approximately$39,000.00 will be returned. Responding to Commissioner Masden, Mr.
Hempen stated the total cost for the project was approximately $140,000.00, and the amount placed in
escrow was approximately$180,000.00. Commissioner Masden stated the railroad crossing project at
Weld County Road 51 drastically improves the area. Commissioner Vaad moved to approve said request
for release of funds and authorize the Chair to sign. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCEOF
WCR 53 AND AUTHORIZE CHAIR TO SIGN-J. FRANKAND MARIAN HOBBS: Don Carroll, Department
of Public Works,stated the access to the property will be from Weld County Road 16,south of Weld County
Road 53. He stated Recorded Exemption#4220 created a two-lot split,and the size of LotA is 34.9 acres,
Minutes, October 26, 2005 2005-3140
Page 2 BC0016
and Lot B is 35.1 acres. He stated adjacent property owners did not have any concerns. In response to
ChairJerke,Mr.Carroll stated Weld County Road 16 connects with 1-76 to the north. Commissioner Geile
moved to approve said nonexclusive license agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER CONTRACT FOR WELD COUNTY VICTIM SERVICES PROGRAM AND AUTHORIZE CHAIR
TO SIGN-VICTIM'S WITNESS AND LAW ENFORCEMENT(VALE)BOARD: Susan Cvancara,Sheriffs
Office, stated the Sheriffs Office is requesting approval of a VALE Grant,in the amount of$51,622.00. In
response to Chair Jerke, Mr.Warden stated the funds allocated for the Victim Services Program are a part
of Weld County's budget. Commissioner Masden moved to approve said contract and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-GALAXY LAND COMPANY,LLC,
C/O STERLING PROPERTY TAX SPECIALISTS, INC.: Mike Sampson, Assessor's Office, stated staff
recommends approval of the petition. He stated the subject property was reviewed through the 2005
appeals process,the property has problems with easement issues,and the front of the property is adjacent
to a sewer plant. Mr. Sampson stated staff adjusted the valuation for 2005, the company filed an
abatement for 2003 and 2004, and staff recommends approval of the same valuation for years 2003 and
2004. Commissioner Geile moved to approve said petition. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER ENERGY IMPACT GRANT FOR SOUTHEAST WELD TRANSMITTER AND AUTHORIZE
CHAIR TO SIGN: Mr.Warden stated a transmitter will be placed at the digital trunk radio site in Fort Lupton,
for a total cost of$231,631.00. He stated the County's match is to provide the tower, and the existing
building. He stated the funds for the project are out-of-cycle funds the Department of Local Affairs provided
for radio equipment throughout the State. In response to Chair Jerke, Mr.Warden stated the transmitter
will be placed at the current downtown Fort Lupton building; however, the tower will be moved to the new
site. Commissioner Masden moved to approve said energy impact grant and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ENERGY IMPACT GRANT FOR MIXED USE DEVELOPMENT (MUD) STUDY AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the grant, in the amount of$250,000.00, will pay for
50 percent of the costs associated with the MUD study, which is to be completed before August, 2006.
Commissioner Geile moved to approve said energy impact grant and authorize the Chair to sign. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WELD COUNTY,
COLORADO, ADJUSTABLE RATE REVENUE BONDS (BSC HUDSON, LLC PROJECT): Mr. Barker
stated the total amount of the bonds, approved by the Department of Local Affairs, is not to exceed
$5,800,000.00. He stated the date of the Loan Agreement in the Trust Indenture is October 1, 2005, the
date of the Official Statement is October 25, 2005, and the Date of Closing is November 2, 2005. He
further stated the Resolution uses the power of the County to issue Bonds; however, the bonds do not
become a debt of the County. Mr. Barker stated the Resolution was approved by the Bond Council, and
the closing will take place on Wednesday, November 2,2005. In response to Chair Jerke, Mr. Barker stated
a Trustee will handle the monies received and dispersed. Responding to Chair Jerke, Mr.Warden stated
the Internal Revenue Service places a cap for each jurisdiction,and monies in excess of$2,000,000.00 are
allocated back to the County. Commissioner Masden stated the property has been annexed into the Town
of Hudson, and the company will be creating between 300 and 500 jobs within the next 10 years.
Commissioner Masden moved to approve said resolution. Seconded by Commissioner Long,the motion
carried unanimously.
Minutes, October 26, 2005 2005-3140
Page 3 BC0016
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN,MF#547(OWL CREEK ESTATES SUBDIVISION)
- OLANDO, LLC, C/O ED ORR AND TAMMY ELLERMAN: Sheri Lockman, Department of Planning
Services,stated staff has reviewed the Improvements Agreement,the items covered in the agreement are
appropriate,and the amount of collateral is adequate. In response to ChairJerke, Ms. Lockman stated the
subdivision contains nine lots,and the gross amount of the Improvements Agreement totals$214,000.00.
Further responding to Chair Jerke, Peter Schei, Department of Public Works, stated the interior road will
be paved. Responding to Commissioner Geile,Mr.Schei stated the subdivision is located adjacent to State
Highway 392,east of Weld County Road 55. (Changed to Tape#2005-40)Commissioner Geile moved to
approve said improvements agreement, authorize the Chair to sign,and accept said collateral. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDERAM ENDED RECORDED EXEMPTION#2246-CHARLES ANDERSON: Chair Jerke called
up the following item of business to be discussed concurrently with this item. Ms. Lockman stated the
applicant requested amendments of Lots B and C of Recorded Exemption#2246. She stated the applicant
has also applied for a two-lot (Lots A and B) Recorded Exemption #4227, on the amended Lot C of
Recorded Exemption#2246. She stated the site is located south of Weld County Road 36 and west of
Weld County Road 31. Ms. Lockman stated the surrounding properties are agricultural; however, an
electrical sub-station is located at the corner of Weld County Roads 36 and 31. She stated the applicant
plans to sell Lot B of Recorded Exemption#4227,to Platte Valley Irrigation Company for construction of a
water storage pond. She stated Recorded Exemption #2246 does not meet the requirements of
Section 24-8-20.C.2 of the Weld County Code, as Lot C is proposed to be amended to 112 acres in size,
less than the required 120 acres. Ms. Lockman stated the applicant is requesting a variance from
Section 24-8-20.C.1 of the Weld County Code, in regards to Recorded Exemption #4227. She stated
according to the referenced Section, Lot B is eligible for future land exemption in five years; however,the
applicant is requesting that the option for the future land exemption be granted to Lot A, since the water
storage pond will be placed on Lot B. In response to Chair Jerke, Ms. Lockman stated two ditches run
through the property. Charles Anderson,applicant,stated the ditch to the west is the Platte Valley Irrigation
Ditch, and the ditch to the east is the Farmer's Reservoir Irrigation Ditch. In response to Chair Jerke, Ms.
Lockman stated the Board must grant final approval, since the requests do not meet the Code
requirements. Further responding to Chair Jerke, Bruce Sandau, Platte Valley Irrigation Company
representative, stated a housing structure will not be placed on Lot C of Amended Recorded Exemption
#2246. Chair Jerke stated it is his opinion that flexibility is needed for applicants proposing solutions for
various water problems. Commissioner Masden stated he is agreeable to granting approval for applicants
with alternative plans. In response to Chair Jerke, Mr. Sandau stated the water storage pond will be
approximately 350 acre feet, and the pond would allow the company to catch a bounce in the river, and
would improve the ability to steadily control ditch water levels. He further stated it will be possible to bring
in water during the off-season to facilitate augmentation. Responding to Commissioner Masden, Mr.
Sandau stated the pond will be lined with bentonite. Commissioner Long stated he believed granting
approval of the Recorded Exemptions would not set an unfavorable precedent. Responding to
Commissioner Vaad,Ms. Lockman stated it is a standard Condition of Approval to require the applicant to
contact the State Water Engineer when a well is proposed as the source of water. In response to Chair
Jerke, Mr. Anderson stated he has reviewed and concurs with the Conditions of Approval as proposed.
Commissioner Masden moved to approve Amended Recorded Exemption #2246. Seconded by
Commissioner Long, the motion carried unanimously.
Minutes, October 26, 2005 2005-3140
Page 4 BC0016
CONSIDER RECORDED EXEMPTION#4227-CHARLESANDERSON: Commissioner Masden moved
to approve Recorded Exemption#4227. The motion was seconded by Commissioner Vaad. Mr. Barker
stated Condition of Approval Item #4.1.3 should be modified to state that Lot A is eligible for future land
exemption. Commissioner Masden stated the modification is included in his motion, and Commissioner
Vaad agreed. There being no further discussion, 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 9:45 a.m.
�as , BOARD OF COUNTY COMMISSIONERS
i .: / % WELD COUNTY, COLORADO
ATTEST: aV�,If11 1 r
„°'"`1 ' �� illiam H. J e, Chair
Weld County Clerk to the Board . �.r
J!k\**\**( 7" i e, o-Tem
D uty Cler to the Boar
D id E. Long
•
Ro ert D. Masde
Glenn Vaad
Minutes, October 26, 2005 2005-3140
Page 5 BC0016
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