HomeMy WebLinkAbout20050668.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 28, 2005
TAPE #2005-13
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, February 28, 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 23, 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 February 23, 2005, as follows: 1) USR #1492, Greeley Assembly of God Church, c/o
Reverend Rigoberto Magana. Commissioner Masden 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 Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $392,729.45
Electronic Transfers - All Funds $3,855,916.20
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION SERVICES PROGRAM
AND AUTHORIZE CHAIR TO SIGN - 61, INC. (CON'T FROM 02/28/05): Jan Zuber, Department of
Community Corrections,stated BI, Inc.,will provide intensive supervision services for Colorado Department
of Corrections parolees. Commissioner Vaad moved to approve said agreement. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE SUPERVISION
PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN-BI, INC. (CON'T FROM 02/28/05): Ms.Zuber
stated BI, Inc.,will provide intensive supervision services for Colorado Department of Corrections inmates.
Commissioner Vaad moved to approve said agreement. Seconded by Commissioner Long, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE
CHAIR TO SIGN-ZADEL FAMILY, LLLP: Frank Hempen,Jr., Director, Department of Public Works,stated
the agreement is for improvements to Weld County Roads 18 and 25 and a specified portion of U.S.
Highway 85. He stated said agreement includes designation of local and routine haul routes, the
development of construction plans, improvements to Weld County Roads 18 and 25 and sets forth the cost
sharing of such improvements. He stated said agreement has been reviewed and approved by the County
Attorney's office. Responding to Commissioner Masden, Mr. Hempen stated the construction work is
scheduled to be done within one year of signature date of the agreement. Commissioner Masden moved
to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 43 BETWEEN WCRS 64 AND 66: Mr. Hempen stated
said closure has occurred and the culvert and drainage work has been completed. Commissioner Masden
moved to approve said closure. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER ARTERIAL MANAGEMENT AGREEMENT FOR WELD COUNTY ROAD 13 AND AUTHORIZE
CHAIR TO SIGN - TOWN OF WINDSOR: Mr. Hempen stated that, with annexations of Weld County
Road 13 and surrounding areas, Weld County and the Town of Windsor have defined the methods of
management by each party for certain aspects of the arterial. Responding to Chair Jerke, Mr. Hempen
stated said agreement addresses the portion of Weld County 13 located within the Town of Windsor and
the unincorporated portion of Weld County 13 will require a future agreement with Larimer County.
Commissioner Vaad moved to approve said agreement. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MAINTENANCE ASPHALT
OVERLAY PROGRAM AND AUTHORIZE CHAIR TO SIGN-TOWN OF MEAD: Mr. Hempen identified the
location of said overlay for a portion of Weld County Road 34. He explained the overlay is required to
maintain the road's integrity, and the Town of Mead has agreed to pay the final costs for paving, traffic
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control, striping and finish shoulder fillet work, which is estimated to be $25,500. Commissioner Vaad
moved to approve said agreement. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER 2005-2006 COMMUNITY SERVICES BLOCK GRANT APPLICATION AND PLAN AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director, Department of Human Services,stated the focus
of said grant is linkage of services and access to transportation for the in-need rural elderly of Weld County.
He stated the amount of the request is$274,230. Commissioner Long moved to approve said application
and plan and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER FINAL 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 Vaad moved to read by title only. The motion, which was seconded by Commissioner
Masden, carried unanimously. Bruce Barker, County Attorney, read the title of Ordinance#2005-03, and
stated there have been no changes since the second reading and there are no outstanding issues.
Responding to Commissioner Masden, Mr. Barker stated the Ordinance will be implemented on March 7,
2005. There was no public comment. Commissioner Vaad moved to approve Ordinance#2005-03 on final
reading. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING OLD BUSINESS:
Chair Jerke moved Item Number 1, Consider Probable Cause Hearing concerning USR#1456- Barbara
Schottelkotte to the end of the agenda to allow the applicant to attend.
CONSIDER IMPROVEMENTS AGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT FORM
OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, S#554, IDAHO CREEK,
PHASE 3-KB HOME OF COLORADO, INC. (CON'T FROM 01/31/05; RESCHEDULED FROM 04/04/05):
Monica Mika, Director, Department of Planning Services,stated all outstanding issues have been resolved
and the Department of Planning Services recommends acceptance of collateral for Phase 3, in the amount
of$1,296,998.85. The applicant was present. Commissioner Geile moved to approve said agreement and
accept collateral. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW#1423-
HEATHER WEIR: Chris Gathman, Department of Planning Services, stated staff has inspected the site
and the Departments of Planning Services and Public Works recommend full release of collateral.
Commissioner Geile moved to release collateral in the amount of$12,800. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED USE BY SPECIAL
REVIEW#1216-LANCE MESSINGER: Mr.Gathman stated that all improvements have been completed
and the Departments of Planning Services and Public Works recommend full release of collateral.
Commissioner Masden moved to release collateral in the amount of $24,999.50. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER SECOND READING OF ORDINANCE 2005-02, IN THE MATTER OF THE ADDITION OF
ARTICLEXVI,GILCREST PLAN,TO CHAPTER 19 COORDINATED PLANNING AGREEMENTS,OF THE
WELD COUNTY CODE: Commissioner Vaad moved to read by title only. The motion, which was
seconded by Commissioner Masden,carried unanimously. Mr. Barker read the title of Ordinance#2005-02.
Sheri Lockman, Department of Planning Services, stated the only change since the first reading is receipt
of a letter from Jack McClellan. Responding to Commissioner Geile, Mr. Barker verified that the concerns
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in Mr. McClellan's letter have been addressed within the Town of Gilcrest's Coordinated Planning
Agreement. Chair Jerke stated he found Mr. McClellan's letter insightful with respect to the Town of
Gilcrest's inability to provide services to the proposed 4,480 acres. He stated, on a previous helicopter
excursion to view the expanse of Weld County,he found the area around the Town of Gilcrest to be mainly
farm ground. He stated he would oppose the motion. Responding to Commissioner Masden, Mayor Warne
stated the Town of Gilcrest has had several meetings with property owners. Mayor Warne reviewed the
current and proposed uses within the Town of Gilcrest and the proposed urban growth boundary. Mayor
Warne stated there is only one parcel of land within the Town limits being used for agriculture. Responding
to Commissioner Masden, Mayor Warne stated there have been ongoing conversations with the Town of
Platteville regarding a mechanized sewer system. Responding to Commissioner Vaad, Mayor Warne
stated the current retention pond could be expanded at any time to provide services to the furthermost
property owners. Commissioner Geile reviewed Tax Incremental Financing and how it could possibly fund
sewer expansion. Commissioner Vaad stated he supports the agreement because of the Town of
Gilcrest's thoughtful process. Responding to Commissioner Long, Mr. Barker stated the agreement is
automatically renewed and Weld County or the municipality can terminate the agreement with a ninety day
notice. Responding to Commissioner Masden, Ms. Lockman stated there was one public meeting attended
by the Department of Planning Services. Responding to Commissioner Long, Mayor Warne stated,out of
the four landowners attending the public meeting,only one,Mr. McClellan,opposed the proposed boundary.
There was no public comment. Commissioner Geile moved to approve Ordinance#2005-02 on second
reading. The motion was seconded by Commissioner Vaad. Upon a roll call vote, the motion carried four
to one with Chair Jerke voting against the matter.
PROBABLE CAUSE HEARING CONCERNING USR #1456 - BARBARA SCHOTTELKOTTE (CON'T
FROM 2/16/05): Commissioner Vaad moved to set a show cause hearing for March 16, 2005, at 10:00
a.m. Seconded by Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2005-02 was approved on second reading and Ordinance#2005-03 was
approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
k to the Board.
T . e o • her business, this meeting was adjourned at 10:15 a.m.
1861 ( l BOARD OF COUNTY COMMISSIONERS
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William H. Jerke, Chair
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
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M. J. eile, Pro-Tem
BY: //X
Deputy Cle eo t e Board C
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Robert D. Masden
EXCUSED DATE OF APPROVAL
Glenn Vaad
Minutes, February 28, 2005 2005-0668
Page 4 BC0016
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