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Home My WebLink About20051675.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 6, 2005 TAPE #2005-26 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, June 6, 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 Controller, Barbara Eurich MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners meeting of June 1,2005,as printed. Commissioner Long seconded the motion,and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on June 1, 2005, as follows: 1) USR#1488, Farfrumwurkin, LLLP, c/o Jon File, and Kenneth and Judith Schell; 2) USR#1502, Chad and Angela Lease - Michael Lafferty; 3) USR#1503, Chad and Angela Lease - Michael Lafferty; and 4) PZ #1077, Harvey and Olga Markham. Commissioner Long seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed. Commissioner Vaad seconded the motion, and it carried unanimously. PROCLAMATIONS: NATIONAL HUNGER AWARENESS DAY-JUNE 7, 2005: Chair Jerke read the certificate proclaiming June 7,2005 as National HungerAwareness Day into the record. Leona Martin,Weld County Food Bank, accepted the certificate, and stated that a celebration potluck is scheduled for Tuesday, June 7, 2005, at Lincoln Park. Commissioner Geile congratulated Ms. Martin and thanked her for her contributions. 2005-1675 BC0016 Oro -O2O--a S-" COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. WARRANTS: Barbara Eurich, Controller, presented the following warrants for approval by the Board: All Funds $1,102,958.04 CommissionerGeile moved to approve the warrants as presented by Ms. Eurich. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR WELD COUNTY WASTE TIRE CLEAN-UPAND RECYCLING PROJECT GRANTAN D AUTHORIZE CHAIR TO SIGN:Trevor Jiricek, Department of Public Health and Environment, stated this grant request, in the amount of$56,312.50, is to cleanup seven sites where tires are currently stored and to conduct a"tire amnesty weekend." The funds will cover the cost of the removal of the tires. Responding to Chair Jerke, Mr. Jiricek stated he believes the tires can be taken to the regular hazardous waste collection sites;however,approval is still needed from the Department of Local Affairs(DOLA)before contracts are completed. Commissioner Masden moved to approve said application, and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER CONSULTANT AGREEMENT FOR AUDIOLOGY SERVICES AND AUTHORIZE CHAIR TO SIGN -JODI LITTLE: Walt Speckman, Director of Human Services, stated this agreement is to bring an audiologist to work with the Migrant Head Start children. Responding to Chair Jerke, Commissioner Long stated that the audiology services will be for children in the Greeley area. Commissioner Geile moved to approve said agreement, and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WCR 3.25 AND AUTHORIZE CHAIR TO SIGN-FARFRUMWURKIN, LLLP, C/O JON FILE: Don Carroll, Department of Public Works, stated this agreement is a Condition of Approval for Special Review Permit #1488, regarding a gravel pit that needs designated haul routes. He stated this is a typical agreement for improvements,which includes standard maintenance. He stated that Weld County Road 3.25 was recently completed, and the applicant will provide additional overlay at the entrance. Mr. Carroll stated safety improvements are requested, including an acceleration lane for the main entrance, shouldering on both sides of the road, and matching 28 feet of pavement which is already in place. He stated additional pavement is requested at the truck crossing near the mining operation,as well as signs warning of the truck crossing area. He stated the applicant agrees to repair any areas of the road damaged by heavy hauling. CommissionerGeile moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded by Commissioner Masden, carried unanimously. CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WCR 18 AND AUTHORIZE CHAIR TO SIGN - L. G. EVERIST, INC.: Keith Meyer, Department of Public Works, stated staff has been working with three gravel-hauling companies to obtain mutual agreements to improve and maintain Weld County Road 18. He stated this agreement includes a credit for road improvements previously completed which benefit all parties. He stated that the three companies will cost-share in the upcoming improvements. Responding to Chair Jerke, Mr. Meyer stated a three-quarter turn at the intersection of Weld County Road 18 and Highway 85 would not allow trucks to be able to turn north onto Highway 85. He further stated there was an attempt to place a traffic signal at said intersection, but it was withdrawn because traffic calculations did not warrant a signal. Responding to Chair Jerke, Mr. Meyer stated the conditions of a three-quarter turn have been removed from the agreement and CDOT is now responsible for creating a safe turn around area. Commissioner Geile moved to approve said agreement, Minutes, June 6, 2005 2005-1675 Page 2 BC0016 and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER CONTRACT FOR IMPROVEMENTS TO THE INTERSECTION OF STATE HIGHWAY 257 AND WCR74ANDAUTHORIZE CHAIR TO SIGN-COLORADO DEPARTMENT OF TRANSPORTATION (CDOT): Mr. Meyer stated this is a hazard elimination grant for the placement of a traffic signal. He stated the Colorado Department of Transportation has recently enhanced the grant,and has taken over the long- term project management duties. He stated the contract obligates Weld County to use the funds budgeted towards the improvement project in the amount of$270,666.00. Responding to Chair Jerke, Mr. Meyer stated this contract includes a partnership with the Towns of Severance and Windsor. Commissioner Masden moved to approve said contract,and authorize the Chair to sign. The motion,which was seconded by Commissioner Vaad, carried unanimously. CONSIDER TEMPORARY PERMIT FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-VIPER2,INC.,DBA BORDERLINE GALLEYAND COFFEEHOUSE: Bruce Barker,County Attorney, stated this request is a result of a Change of Ownership for a Tavern Liquor License. He stated the temporary permit is needed to gain possession of the property, and approval is recommended to allow Viper2, Inc. to operate while the Change of Ownership is being processed. Commissioner Geile moved to approve said permit, and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN- BRANDI NIETO: Commissioner Masden moved to approve said appointment and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN- STEVE WRENN:Commissioner Masden moved to approve said appointment and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously. HEALTH: CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION FOR VIOLATION OF HEALTH REGULATIONS - SPORTS ZONE TAVERN: Sara Evans, Department of Public Health and Environment, stated the 2005 fee for a food service license has not yet been paid. She stated the company has been notified by mail and in person, and the issue has not been resolved. Ms. Evans further stated that she spoke with the owner,who could not be present at the hearing because of a medical procedure, but he intends to pay the licensing fee and fine,although he could not give a date as to when payment would take place. Responding to Commissioner Geile, Ms. Evans stated that Sports Zone Tavern also has an outstanding pest control violation, involving mice. Commissioner Vaad moved to authorize the Weld County Attorney to proceed with legal action,but delay action on the violation until June 20,2005,to allow time for the fee to be paid. The motion,which was seconded by Commissioner Geile, carried unanimously. (Lee Morrison is now acting as Attorney of record.) PLANNING OLD BUSINESS: CONSIDER MOBILE HOME PERMIT, ZPMH #2439 - RONALD AND SUE GRABRIAN (CON'T FROM 05/02/05):Wendi Inloes, Department of Planning Services,stated staff met with Ron Grabrian immediately following the previous hearing on May 2, 2005. She stated staff encouraged Mr. Grabrian to pursue an Accessory to the Farm Permit for the fourth mobile home on his property,which would need to be occupied by a full time employee if approved. She further stated that staff again covered the options on May 2,2005 with Mr.Grabrian,and asked him to present to staff how he is planning to proceed. Mr.Grabrian stated that he met with Planning staff on Friday,June 3,2005, and he is close to an agreement with staff;however he still has issues he wants resolved. He stated that he would like to use the mobile home for occupancy by Minutes, June 6, 2005 2005-1675 Page 3 BC0016 a part-time employee. Responding to Chair Jerke, Mr. Grabrian confirmed that he would like to seek an Accessory to the Farm Permit. Ms. Inloes stated that staff does not approve mobile homes to used as an Accessory to the Farm unless a full-time employee, with verification, is occupying the home. She further stated that the Board would have to approve the permit for any occupant working less than full-time. She stated that the permits for all mobile homes on the property need to be renewed on a yearly basis, and that documentation needs to be provided that all four mobile homes are occupied by employees. Responding to Chair Jerke, Ms. Inloes stated that W2 earning statements are generally used to verify employment,and that Mr.Grabrian has provided these for his current employees. Mr.Grabrian stated that his mobile homes have previously been approved,and he does not understand why they need to be re-approved on a yearly basis. Responding to Mr. Grabrian, Commissioner Geile stated that it is important for him to renew his mobile home permits every year, as it is a part of being able to complete business. Responding to Chair Jerke, Mr.Grabrian stated that his current rental tenant will move out of the mobile home,and the home will be occupied by a part-time employee. Responding to Commissioner Vaad, Mr. Grabrian stated that his part-time employee will work ten to fifteen hours per week. Commissioner Vaad moved to authorize staff to permit an Accessory to the Farm classification based on no less than 10 hours per week for the part-time status for the employee who will reside on the property.The motion,which was seconded by Commissioner Masden, carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR #385 - GALT PROPERTIES, LLC: Chris Gathman, Department of Planning Services,stated collateral received on June 1,2005, in the amount of$146,222.00, is sufficient for the proposed improvements. Responding to Chair Jerke, Mr. Gathman stated the area of the proposed improvements is adjacent to Weld County Road 3.5 and Highway 119. Commissioner Masden moved to accept said collateral,and authorize the Chair to sign. The motion,which was seconded by Commissioner Vaad, carried unanimously. THIRD READING OF ORDINANCE#2005-4, IN THE MATTER OF AMENDING MAP 2.1,STRUCTURAL LAND USE MAP, TO MODIFY THE LAND USE DESIGNATIONS - CARMA COLORADO, CIO TOM MORTON: Commissioner Vaad move to read by title only. The motion, which was seconded by Commissioner Masden,carried unanimously. Lee Morrison,Assistant County Attorney,read said title into the record. No public testimony was given. Commissioner Vaad moved to approve Ordinance#2005-4 on third reading. The motion, which was seconded by Commissioner Masden, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance #2005-4 was approved on Final Reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, June 6, 2005 2005-1675 Page 4 BC0016 There being no further business, this meeting was adjourned at 10:05 a.m. • �' BOARD OF COUNTY COMMISSIONERS • N I . /- /j WELD COUNTY, COLORADO r�u- T.= /,D� /drth �Z c , tit ;ice = ( '��,�. William H. Je e,' Chair °� o � lerk to the Board Ser 7.7 ‘.4,„„,, 1 ' N � � M. �. eeile, ro- em Deputy Clerk t he Board ` '• - d . L.ng Robert . Masden I Glenn Vaad Minutes, June 6, 2005 2005-1675 Page 5 BC0016 Hello