The URL can be used to link to this page

Browse Search

Home My WebLink About20050272.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 19, 2005 TAPE #2005-05 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, January 19, 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 January 17, 2005, as printed. Commissioner Long seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance#2005-03 by tape. 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 Masden 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 $317,384.72 Electronic Transfers - All Funds $50.93 2005-0272 BC0016 asdJei Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long seconded the motion, which carried unanimously. BIDS: PRESENT CONCRETE AND WASHED ROCK ON CALL BID-PUBLIC WORKS: Pat Persichino, Director of General Services, read the names of five vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT 1 TON TILT 4X4 PICKUP BED WITH SPREADER/PLOW/BOOM MOWER BID - PUBLIC WORKS: Mr. Perschino stated Universal Tractor was the sole bidder and said bid will be considered for approval on February 2, 2005. Responding to Commissioner Vaad, Mr. Persichino stated the bid price is high because there is an additional piece of equipment that is mounted on the back of the pickup and there is only one vendor who can provide the specialized equipment. PRESENT %z TON 4X4 PICKUPS WITH EXTENDED CAB (SHORT BOX) BID - PUBLIC WORKS: Mr. Persichino read the names of six vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT A TON 4X4 PICKUPS WITH EXTENDED CAB (LONG BOX) BID - PUBLIC WORKS: Mr. Persichino read the names of six vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT 1 TON TRUCK WITH EXTENDED CAB, 4X4, DUAL WHEELS WITH UTILITY BODY BID - PUBLIC WORKS: Mr. Persichino read the names of five vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT 1 TON PICKUP, 4X4 BID - PUBLIC WORKS: Mr. Persichino read the names of six vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT 1 CAB AND CHASSIS, 4X4 BID - PUBLIC WORKS: Mr. Persichino read the names of five vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT TANDEM DUMP TRUCKS WITH PLOW/SPREADER BID-PUBLIC WORKS: Mr. Persichino read the names of five vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT TANDEM AXLE TRUCK TRACTORS WITH FIFTH WHEEL BID - PUBLIC WORKS: Mr. Persichino read the names of four vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT TANDEM AXLE SINGLE HOPPER BELLY DUMP TRAILERS BID - PUBLIC WORKS: Mr. Persichino read the names of four vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT TILT DECK TRAILER BID-PUBLIC WORKS: Mr. Persichino read the names of ten vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. Minutes, January 19, 2005 2005-0272 Page 2 BC0016 PRESENT MOTORGRADERS BID-PUBLIC WORKS: Mr. Persichino read the names of six vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT SKID STEER LOADER BID-PUBLIC WORKS: Mr. Persichino read the names of two vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT BACKHOE BID - PUBLIC WORKS: Mr. Persichino read the names of two vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT CAB OVER 1 TON CHEMICAL INJECTION ROADSIDE SPRAYING SYSTEM BID- PUBLIC WORKS: Mr. Persichino read the names of four vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. PRESENT ALIGNMENT MACHINE BID - PUBLIC WORKS: Mr. Persichino read the names of three vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2,2005. Responding to Commissioner Vaad, Mr. Persichino stated Weld County conducted a cost analysis and it was determined to be more cost effective for the County to do its own alignment work. PRESENT 60 TON DETACHABLE GOOSENECK LOW BOY TRAILER BID - PUBLIC WORKS: Mr. Persichino read the names of six vendors who submitted bids into the record. Mr. Persichino stated said bid will be considered for approval on February 2, 2005. NEW BUSINESS: CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START TRANSPORTATION AND AUTHORIZE CHAIR TO SIGN-MESABILITY, INC.: WaltSpeckman, Director, Department of Human Services,stated Mesability, Inc.,will provide transportation for Migrant children at a cost of$2.13 per mile and $9.47 per hour of travel time; they will also provide aides/attendants for the vehicles at the cost of$8.19 per hour. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT AND SEASONAL HEAD START MEALS AND AUTHORIZE CHAIR TO SIGN-SODEXHO: Mr.Speckman stated Sodexho will provide meals and transport of meals to the Migrant/Seasonal Head Start Center. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START HEALTH SERVICES AND HEALTH INSURANCE PORTABILITYAND ACCOUNTABILITYACT(HIPAA)BUSINESS ASSOCIATE ADDENDUM AND AUTHORIZE CHAIR TO SIGN - ST. MARY'S FAMILY PRACTICE RESIDENCY: Mr.Speckman stated the agreement provides for physical examinations and immunization updates for Migrant Head Start children. Commissioner Long moved to approve said agreement. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - LOUIS AND SUSAN LILEY: Mike Sampson, Assessor's Office, explained the property owner is contesting the vacant lot assessment rate and would like his lot to be assessed at the residential assessment rate. He stated the current assessment rate for vacant lots is State mandated at 29 percent and the residential assessment rate is 7.96 percent. Mr. Sampson stated the Assessor's Office is recommending denial of the abatement because there is nothing in Colorado statutes that allows for vacant lots to be assessed at residential Minutes, January 19, 2005 2005-0272 Page 3 BC0016 assessment rates; however,lots have been assessed at the residential rate when those lots demonstrated contiguous use by an adjacent residence. He stated the lot in question has no fencing,no landscaping,and the lot is covered with weeds, indicating no contiguous use. Responding to Commissioner Vaad, Mr. Sampson stated, in those cases where there are exceptions to the 29 percent valuation, the actual value of the lot is looked at and not the actual assessment rate. Susan Liley, property owner, presented a typed description of improvements made to said lot(Exhibit A). She explained her lot is different than the lots in her neighborhood because the other lots are buildable lots. She stated the weeds on her lot have been mowed several times; however, water is not easily accessed and so the weeds have been allowed to grow. She stated topsoil has been brought in to amend the 10 to 15 feet of lot used for gardening. She stated she is not asking for a full abatement of the taxes, because the lot is not fully utilized. Responding to Commissioner Jerke, Ms. Liley stated she paid$140,000 for the lot. Mr. Sampson stated the actual value of the lot is based upon the June 30, 2002 assessed value. Responding to Commissioner Jerke, Mr. Sampson stated there is nothing in State Statutes regarding vacant lots owned by adjacent residential properties. Responding to Commissioner Geile, Mr. Sampson stated the 29 percent assessment for vacant lots is a consistent valuation; however, homeowners have legally combined their vacant lot with their adjacent residence to create one contiguous lot. Responding to Chair Jerke, Mr. Sampson stated the property owner would have to go through the Town of Windsor City Council to legally create one contiguous lot. Commissioner Vaad stated the Board of County Commissioners looks for consistency in previous decisions regarding like cases and finds that, in this particular case, there are alternatives to the property owner. Commissioner Vaad moved to deny said petition. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER FIRST 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: Bruce Barker, County Attorney, stated the adoption of the Model Traffic Code was first approved by the Colorado Department of Transportation. He explained Weld County is making modifications to Sections 1709 and 1710, of the Model Traffic Code,which address procedures and penalties. Mr. Barker stated that he would compare the differences between Sections 1709 and 1710 of the Model Traffic Code and the changes that Weld County is proposing to make during the second reading of Ordinance#2005-03. There was no public comment. Commissioner Masden moved to approve Ordinance#2005-03 on first reading. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING: CONSIDER MINOR RESUBDIVISION, RS#1072, FOR VACATION OF CERTAIN ROADS,STREETS OR ALLEYS(MUSTANG AVENUE)WITHIN GREEN ACRES SUBDIVISION-DENNIE HOFF/RONALD AND SALLY HARMS(CON'T FROM 12/29/04):Jacqueline Hatch, Department of Planning Services, reviewed the details of the application and stated the case was continued on December 29,2004 to notify surrounding property owners. She identified the location of Mustang Avenue and stated twelve referral agencies reviewed the case. Ms. Hatch stated the application has met the criteria listed in Section 24-5-20.A of the Weld County Code because there is right-of-way shown on an approved plat or map that has not been used for its intended purpose for the last twenty-one(21)years or since the recording of the approved plat. She continued Green Acres Subdivision was recorded on September 18, 1967 and Mustang Avenue, located on the western side of the subdivision, was never constructed. She explained Mustang Avenue was designated as access to Lots 1 and 3 of said subdivision. She stated, according to Section 24-5-20.B of the Weld County Code,70 percent of the landowners adjacent to the proposed right-of-way vacation must waive any objection to the vacation by signing a petition and the five property owners adjacent to Mustang Avenue have signed a petition stating that they do not object to said vacation. Responding to ChairJerke, Ms. Hatch identified access for property owners Harms, Hoff and Fritz. Minutes, January 19, 2005 2005-0272 Page 4 BC0016 Mr. Barker explained to Chair Jerke, Commissioners Vaad, Masden, Geile and Long that Weld County is currently a party in litigation dealing with the partition of property owned by Eugene Frisk. Lee Morrison, Assistant County Attorney, stated Jerry Bowman has assumed the interest of Mr. Frisk. Responding to Commissioner Vaad, Ms. Hatch identified the location of Mustang Avenue and the boundaries of Green Acres subdivision. Peter Schei, Department of Public Works, stated staff recommends approval of said vacation. Denny Hoff,property owner,clarified that access to his property is Arabian Road,and Mustang Avenue has never been used by Weld County. Responding to Chair Jerke, Mr. Hoff stated there are several access roads to the properties in Green Acres subdivision. Ronald Harms,property owner,stated Mustang Avenue has always been the access to Lot 3, which is his backyard, and was intended to be a road for the subdivision and not a general use road. Mr. Harms stated he was reluctant to apply for said vacation; however,he needs to protect his property rights. Responding to Commissioner Masden, Mr. Harms stated the road has not been used in the 30 years he has resided in the subdivision; however, in June, 2004, Mr. Parker installed a row of fence posts and a stop sign on said road. Trenton Parker, property owner, presented a brief history of pertinent land transactions that occurred prior to said vacation application. He stated he erected fencing along Mustang Avenue and utilized said road last summer to harvest his hay. He stated that without access to Mustang Avenue, his property, composed of 40 acres, is landlocked and cannot be accessed. Martin Bowman, property owner, stated he purchased land adjacent to Mustang Avenue, stating he was originally attracted to the property because of its access to Mustang Avenue and he cannot access his property any other way. Mr. Barker stated Mustang Avenue is adjacent to properties located both east and west of the road,and has been dedicated to the public and placed on an accepted County plat. He explained that when reviewing Minor Resubdivision cases, Weld County regulations, as well as State statutes, must be taken into consideration and State statute states a road cannot be vacated if it leaves property landlocked. He added that the fact that Mustang Avenue was never intended to access properties outside the subdivision is irrelevant, since it is a public right-of-way. There was much discussion regarding the ditch that borders Parcel#147124000016 and bisects Parcel#147124200023. Chair Jerke stated it would be difficult for the Board of County Commissioners to make a determination of said. Commissioner Geile moved to continue Minor Resubdivision, RS#1072 to January 18,2006. Seconded by Commissioner Long,the motion carried unanimously. CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR STAMP MINOR SUBDIVISION FINAL PLAN, MF#1017-JEFF STAMP: Ms. Hatch identified the location of the property and stated the Department of Public Works has reviewed the drainage and transportation items for said subdivision and recommends release of collateral. Responding to Chair Masden, Mr. Schei stated there is also an offsite improvements agreement for the development; however,those improvements have not been completed. Commissioner Vaad moved to approve said cancellation and release of collateral for Stamp Minor Subdivision Final Plan, MF#1017. Seconded by Commissioner Geile, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance#2005-03 was approved on first reading. Minutes, January 19, 2005 2005-0272 Page 5 BC0016 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 10:40 a.m. BOARD OF COUNTY COMMISSIONERS ELa WELD COUNTY, COLORADO �, 1 JL v/ 1861In William H. rke, Chair r to the Board M. J. ile, Pro-Tem 'BY: eputy Clerk t he and v Davi E. Long Rob . Masden Glenn Vaad Minutes, January 19, 2005 2005-0272 Page 6 BC0016 Hello