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Home My WebLink About20050755.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 7, 2005 TAPE #2005-14 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, March 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 - EXCUSED Commissioner Glenn Vaad - EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Debra Miller Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of March 2, 2005, as printed. Commissioner Geile seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: Add as New Business#11: Consider Agreement for Reimbursement of Legal Fees and Expenses and of Fees for Real Estate Consultation and Appraisal - George and Bonita Adam PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Geile 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. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $882,534.14 Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile seconded the motion, which carried unanimously. 2005-0755 BC0016 Q3-/8- 4C NEW BUSINESS: CONSIDER CONSULTANT AGREEMENT FOR EARLY CHILDHOOD SPECIAL EDUCATION SERVICES AND AUTHORIZE CHAIR TO SIGN-PATRICIA LEWIS: Walt Speckman, Director, Department of Human Services, stated the consultant will be paid$36 per hour for providing Early Childhood Special Education services to children located in Grand Junction and Olathe, Colorado. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER PURCHASE OF SERVICE AGREEMENT FOR MIGRANT AND SEASONAL HEAD START FOR THERAPEUTIC SERVICES AND AUTHORIZE CHAIR TO SIGN-JEANETTE DAVIS: Mr.Speckman stated the consultant will be paid$75 per hour for mental health services to Migrant/Seasonal Head Start children and their families located in Grand Junction and Olathe, Colorado. Commissioner Long moved to approve said agreement. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER CONSULTANTAGREEMENT FOR SPEECH AND LANGUAGE SERVICES AND AUTHORIZE CHAIR TO SIGN-JENNIFER MCCLASKEY: Mr.Speckman stated the consultantwill be paid$36 per hour for speech and language services to Migrant Head Start children located in Grand Junction and Olathe, Colorado. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Long,the motion carried unanimously. CONSIDER GRANT AGREEMENT FOR EMPLOYMENTAND TRAINING PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the purpose of the agreement is to implement and deliver services through Federal and State funded employment and training programs. He stated the services are available for residents of Weld County and the term of the agreement is July 1, 2005 through June 30, 2008. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN -GRANT FAMILY FARMS: Frank Hempen, Jr., Director, Department of Public Works,stated Weld County has entered into the agreement to acquire 50,000 cubic yards of pit run and 10,000 cubic yards of soil from said property owner. He stated the cost of acquisition will be$2.50 per cubic yard,which includes cost of material and a loading fee. He stated the Department of Public Works will use the material for widening gravels roads or store it at the Pierce Pit to be used at a later date. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN -TOWN OF GROVER: Mr. Hempen stated the revised agreement includes setting the cost per hour for a motor grader, in addition to a rate revision provision. He explained the hourly rate of$56 includes routine road maintenance, traffic counts and necessary dust treatments. He stated the existing agreement was antiquated and needed revision. Commissioner Long moved to approve said agreement. Seconded by Commissioner Geile,the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR 3.2% BEER LICENSE ISSUED TO LILLIAN GOOCH, DBA CROW VALLEY CAFE AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated no concerns were expressed in response to the referrals regarding this renewal,therefore, he recommended approval. Commissioner Long moved to approve said application. Seconded by Commissioner Geile,the motion carried unanimously. Minutes, March 7, 2005 2005-0755 Page 2 BC0016 CONSIDER AMENDMENT TO 457 PLAN AND AUTHORIZE CHAIR TO SIGN: Mr.Warden stated the Tax Act of 2001 requires that 457 plans adopt a provision regarding in-service de minimis distributions. He explained that terminated employees,with less than$1,000 in a vested account,will be sent the balance in said accountwithout prior consent. Commissioner Geile moved to approve said amendment. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONTRACTING FOR AND SCHEDULING OF EVENTS HELD IN THE WELD COUNTY GARAGE PARKING LOT AND AUTHORIZE CHAIR TO SIGN- GREELEY DOWNTOWN DEVELOPMENT AUTHORITY: Mr. Barker stated the purpose of the agreement is to allow the Greeley Downtown Development Authority(DDA)to schedule events at the Weld County Garage Parking Lot. He explained the requirements are that the DDA notify Weld County prior to the event and the events can only be scheduled after normal Weld County business hours. Commissioner Long moved to approve said agreement. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN- REBEKAH MELNICK: Commissioner Geile moved to approve said appointment. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AGREEMENT FOR REIMBURSEMENT OF LEGAL FEES AND EXPENSES AND OF FEES FOR REAL ESTATE CONSULTATION AND APPRAISAL AND AUTHORIZE CHAIR TO SIGN-GEORGE AND BONITA ADAM: Mr. Barker stated the Adam family had incurred expenses during negotiations regarding purchasing a right-of-way. He stated the family will be reimbursed $2,000 for real estate consultation and appraisal fees. In addition,the family will be paid$16,396.60 for legal fees and expenses; however, offset against the proceeds, if any, received by the Adams from Weld County for the fair market value of right-of-way taken for the Weld County Road 7 improvements project will be the lesser of the $16,396.60 or seven percent of such proceeds. Commissioner Long moved to approve said agreement. Seconded by Commissioner Geile, the motion carried unanimously. PLANNING: CONSIDER RESUBDIVISION, RS #1083, FOR LOT LINE ADJUSTMENT IN KNAUS SUBDIVISION - DANNYAND MARY LYNN AND LESLIE AND CAROLYN TERRY: Sheri Lockman, Department of Planning Services,identified the location of the lots. She explained a metal building was placed over the lot line and the resubdivision will ensure that the building is located on one lot and meets all setbacks. Ms. Lockman stated the Department of Planning Services has received responses from thirteen referral agencies and recommends approval of the lot line adjustment. She stated the Department of Building Inspection has requested the applicant submit a building permit for the metal building. Responding to Chair Jerke, the applicant agreed to the decision of the three residing Commissioners and stated he was in agreement with the Conditions of Approval. There was no public comment. Commissioner Geile moved to approve said Resubdivision, RS #1083, for said lot line adjustment with Conditions of Approval. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#1442-JON MOSER: Michelle Martin, Department of Planning Services,identified the location of the property. Ms. Martin explained the applicant is requesting the vacation because he has sold his business and will no longer need the permit to run the business at said location. Commissioner Long moved to approve said vacation of Use by Special Review Permit#1442. Seconded by Commissioner Geile, the motion carried unanimously. Minutes, March 7, 2005 2005-0755 Page 3 BC0016 CONSIDER FINAL READING OF ORDINANCE 2005-01, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, CHAPTER 22 COMPREHENSIVE PLAN,CHAPTER 23 ZONING,AND CHAPTER 24 SUBDIVISIONS,OF THE WELD COUNTY CODE: Commissioner Geile moved to read by title only. The motion, which was seconded by Commissioner Long, carried unanimously. Mr. Barker read the title of Ordinance#2005-01. Monica Mika, Director, Department of Planning Services, confirmed the location of the urban growth boundary with respect to existing sanitary sewer lines. Ms. Mika stated the Department of Planning Services sent letters to municipalities to get updated locations of urban growth boundaries,with responses from the Towns of Pierce and Milliken. She stated responses are outstanding from the Towns of Berthoud, Johnstown, Mead,Severance and Windsor. She stated the Town of Nunn(Nunn)had concerns that Weld County does not consider Nunn to have an urban growth boundary; however, Nunn is in the process of developing a preliminary plan for a sanitary sewer facility. Responding to Chair Jerke, Ms. Mika stated inside the Town of Nunn there is urban development; however,outside Nunn there is no urban development occurring. She stated the Articles in Chapter 19 concerning Coordinated Planning Agreements for the Towns of Dacona, Erie, Mead, Evans and Milliken will be deleted. She added that the Intergovernmental Agreement(IGA)with the City of Longmont(Longmont)has expired,and Planning Director for Longmont was contacted through an email regarding the expired IGA with no response. Responding to Commissioner Geile, Ms. Mika stated there is a lot of development going on in Longmont with the assumption that the IGA is in place, and if the IGA was eliminated without discussions with Longmont officials, there could be adverse affects. Mr. Barker recommended continuing the final reading of Ordinance #2005-01 until Longmont has had an opportunity to respond. Commissioner Geile referenced the memorandum from Kim Ogle, Department of Planning Services, regarding the fifteen kilovolts of energy for a wind turbine. He requested the fifteen kilovolts referenced in Section 23-1-90 of the Weld County Code be changed to 50 kilovolts of energy. There was no public comment. Commissioner Geile moved to continue final reading of Ordinance#2005-01 to allow input from the City of Longmont regarding the expired IGA. Seconded by Commissioner Long, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance #2005-01 was continued to March 16, 2005. 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 riO fiifier business, this meeting was adjourned at 9:50 a.m. ,��...` BOARD OF COUNTY COMMISSIONERS •�� WELD COUNTY, COLORADO 4110William H. J e, Chair eFfe -�• rk to the Board M. eile, Pro- Deputy Cler e Board David . Long EXCUSED Robert D. Masden EXCUSED Glenn Vaad Minutes, March 7, 2005 2005-0755 Page 4 BC0016 Hello