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Home My WebLink About20050935.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 14, 2005 TAPE #2005-16 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 14, 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 - EXCUSED Commissioner David E. Long Commissioner Robert D. Masden 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 9, 2005, as printed. Commissioner Masden seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on March 8, 2005: 1) Violation Hearings, and Hearings conducted on March 9, 2005: 1) AmUSR #1416, William and Ann Stonebraker, c/o Leeburg and Associates; 2) MF #1053, Mary F. Carlson Revocable Living Trust and George B.Carlson Revocable Living Trust,Go Team Engineering;and 3) USR#1496,Jennifer Fedak, David and Monica Signer. 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 Masden 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. 2005-0935 BC0016 03473 -Or- WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $821,383.56 Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. OLD BUSINESS: CONSIDER DISMISSAL OF PETITION FOR THE ANNEXATION OF PORTIONS OF WELD COUNTY ROADS 27.5AND 52 TO THE CITY OF EVANS(CON'T FROM 01/10/05): Bruce Barker,County Attorney, stated the City of Evans had previously requested annexation of portions of two roadways so that Elmer Lundvall,a resident of Weld County,could obtain access to his property. Mr. Barker stated that Mr. Lundvall has since withdrawn his petition for the annexation to the City of Evans. Mr. Barker added that the City of Evans has also denied the petition for annexation that was submitted by Mr. Lundvall; therefore, he recommends dismissal of said matter. There was no public comment. Commissioner Long moved to approve said dismissal of said petition. Seconded by Commissioner Masden, the motion carried unanimously. NEW BUSINESS: CONSIDER SCOPE OF WORK FOR NORTHEAST REGION STRATEGIC NATIONAL STOCKPILE EXERCISE AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of Public Health and Environment,stated the scope of work outlines the issues which will be addressed during the Northeast Region Strategic National Stockpile Exercise which will be conducted on July 27,2005. He explained the State of Colorado will conduct the four-hour exercise that will duplicate the distribution of health care supplies and materials from the Strategic National Stockpile(SNS)to the Regional Transfer Sites(RTPs) in the Northeast Region of Colorado,which includes Weld County. He stated in an emergency or disaster, when local caches of pharmaceuticals and related health care supplies are depleted, the SNS can be requested from the Centers for Disease Control and deployed to a site within 12 hours of the request. He stated the Weld County portion of the exercise will involve receipt of the SNS material to the Weld County RTP and distribution to two dispensing sites within Weld County. He stated the Department of Public Health and Environment will receive$18,750 to cover exercise expenses and reports need to be completed by August 31,2005. Responding to Chair Jerke, Dr.Wallace stated small pox response could be a part of the exercise;however,inject exercises will be forAvian Flu,although the actual vaccine will not be used in the exercise. Commissioner Masden moved to approve said scope of work. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER RIGHT OF ENTRY AGREEMENT AND AUTHORIZE CHAIR TO SIGN-GREAT WESTERN RAILWAY OF COLORADO, L.L.C.: Frank Hempen,Jr., Director, Department of Public Works,stated the agreement grants permission to Weld County on and across property owned by Great Western Railway of Colorado, in conjunction with the reconstruction,widening, relocation and realignment of Weld County Road 23. Commissioner Long moved to approve said agreement. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 17 BETWEEN WCRS 34 AND 36: Mr. Hempen stated the closure will commence on April 11, 2005, to replace a culvert. Commissioner Masden moved to approve said closure. Seconded by Commissioner Long, the motion carried unanimously. Minutes, March 14, 2005 2005-0935 Page 2 BC0016 CONSIDER TEMPORARY CLOSURE OF WCR 17 BETWEEN WCRS 50 AND 54: Mr. Hempen stated said closure will commence on March 21, 2005, for culvert replacement. Commissioner Long moved to approve said closure. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AGREEMENT FOR OWENS-ILLINOIS GLASS CONTAINER MANUFACTURING FACILITY ROADWAY IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN-DON KERN CONSTRUCTION, INC.: Mr. Hempen stated this is for the construction of improvements on Weld County Roads 23 and 66. He stated the cost of the project is$567,400 and Don Kehn Construction, Inc., was awarded the contract as a result of the competitive bidding process. In response to Commissioner Masden, Mr. Hempen stated the Town of Windsor will be responsible for approximately 35 percent of the cost. Commissioner Masden moved to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 37.7 BETWEEN WELD COUNTY ROADS 37 AND 39,SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND RIGHTS- OF-WAY-WILLIAM AND CHARLES JERKE: Mr.Jerke recused himself and, because there would not be a quorum, he asked for a continuance of the matter. Commissioner Long moved to continue said matter to March 16, 2005, at 9:00 a.m. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO- NW1/4, S12, T3N, R61 W: Mr. Barker stated Weld County entered into a lease agreement with TAP Energy, LLC,and is asking fora six-month extension of said lease. He stated TAP Energy has paid$1,760, representing$10 per acre bonus, plus$1 per acre rental fee. He stated the extension will run from March 12 through September 12,2005. Commissioner Masden moved to approve said extension. Seconded by Commissioner Long, the motion carried unanimously. CONSIDERAPPOINTMENTAND REAPPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner Long moved to appoint Tracey McCoy and reappoint Jason Goodale to the Regional Communications Advisory Board, with terms to expire December 31, 2007. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO BUILDING TRADES ADVISORY COMMITTEE: Commissioner Masden moved to appoint Marion Richter and Mike DeLaney,with terms to expire April 10,2007, and reappojnt James Fassler and Ron Berhardt,with terms to expire April 10,2008, to the Building Trades Advisory Committee. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AMENDMENT#3 TO AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN-MERRICK AND COMPANY: Mr.Warden stated the amendment is for aerial photography and photogrammetric mapping of the high-growth areas of Weld County in the amount of$137.77 per square mile. He explained Weld County budgeted$100,000 for the service;however,it will cost less than $90,000. Commissioner Long moved to approve said amendment to the agreement. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER CONSENT TO THE ENFORCEMENT BY THE WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT OF THE 2003 INTERNATIONAL FIRE CODE,WITH AMENDMENTS,WITHIN THE DISTRICTS UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated the matter came before the Board of County Commissioner in November of 2004 for approval. He explained the motion did not pass; however, the matter is being heard again because of discussions and correspondence between the Windsor-Severance Fire Protection District (Fire District) and the Board of County Commissioners regarding the Fire District's commitment to being flexible in applying the provisions of the International Fire Code during review of land use proposals in unincorporated areas of Weld County. Captain Mike Davis, Minutes, March 14, 2005 2005-0935 Page 3 BC0016 Windsor-Severance Fire Protection District, confirmed that flexibility will be implemented within the Fire District's compliance agreement process. He requested that future concerns from the public regarding enforcement of the 2003 International Fire Code be referred to the Fire District for mitigation and resolution. He added that owners of properties located within the unincorporated area who are the subject of violation enforcement actions will be made aware of the appeal provisions set forth in Section IV, Subsection 4 of the Fire District's Resolution 2004-5. Responding to Commissioner Masden, Captain Davis stated the Town of Windsor and Larimer County have adopted the 2003 International Fire Code (Code) and negotiations are presently underway with the Town of Severance. Responding to Chair Jerke, Captain Davis stated inspections are conducted according to the nature of the business or the potential for hazard. Commissioner Long stated the use of flexibility within interpretation of the Code has to be important. Commissioner Long moved to approve the consent to enforcement by the Windsor-Severance Fire Protection District of the 2003 International Fire Code, with Amendments, within the District's Unincorporated portions of Weld County. Seconded by Commissioner Masden, the motion carried unanimously. PLANNING: CONSIDER REQUEST FROM DEPARTMENT OF PLANNING SERVICES,ON BEHALF OF WILLIAM AND ANN STONEBRAKER,TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1416: Chris Gathman, Department of Planning Services, stated the preadvertisement is requested for April 13, 2005, in order to expedite the case. Commissioner Masden moved to approve the request to preadvertise the Site Specific Development Plan and Amended Use by Special Review Permit#1416. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#869 - PAULINE AND DANIEL DAVIS: Michelle Martin, Department of Planning Services,stated a letter was received from Mr. Davis requesting said vacation and staff recommends approval. Commissioner Masden moved to approve the vacation of Use by Special Review Permit#869. Seconded by Commissioner Long,the motion carried unanimously. CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#727-GARTRELL ENTERPRISES,INC.: Ms. Martin stated the City of Westminster submitted a letter dated February 28, 2005 requesting the vacation. She explained this previously permitted mineral resource permit lies within the boundary of the proposed Aggregate Industries mineral resource development permit boundary, USR#1350, and under Condition of Approval 3.K of USR#1350, the applicant was required to submit a letter seeking to vacate USR #727 for Gartell Enterprises, for a dry gravel pit. She stated staff recommends that the letter requesting vacation of USR #727 for Gartell Enterprises be approved. Commissioner Long moved to approve the vacation of Use by Special Review Permit#727. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AMENDED RECORDED EXEMPTION#3853-LEROYAND PATTY PETERSON: Ms. Martin identified the location of the property, stating the Amended Recorded Exemption is to adjust the property boundaries between two approved Recorded Exemptions. She explained the Board of County Commissioners approved Recorded Exemption#3853 on September 13,2004. She stated there is a barn located on the property that is being split by the property line and the Recorded Exemption will adjust the property line to include the barn. Chair Jerke called up Recorded Exemption #220 to be included in the discussion. Patty Peterson, applicant, verified the location and ownership of a ditch adjoining the Petersons property. Responding to Commissioner Masden, Ms. Peterson stated the two lots are used as pasture. There was no public comment. Commissioner Masden moved to approve Amended Recorded Exemption #3853. Seconded by Commissioner Long, the motion carried unanimously. Minutes, March 14, 2005 2005-0935 Page 4 BC0016 CONSIDER AMENDED RECORDED EXEMPTION #220 - LEROY AND PATTY PETERSON: Commissioner Masden moved to approve Amended Recorded Exemption #220. Seconded by Commissioner Long, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the i�rre`.1-�,;a. No Ordinances were approved. sr. • ', , ect that the above and foregoing actions were attested to and respectfully submitted by ,; 1; L +the Board. -r.TQj ..• '.(I her business, this meeting was adjourned at 9:55 a.m. • 0' `�I %` °'��I BOARD OF COUNTY COMMISSIONERS �I_�o �� ttia WELD COUNTY, COLORADO ATTEST: J��' '1 r ""v'� 1- 71 William H. Jerke, Chair Weld County Clerk to the Board EXCUSED �J M. J. Geile, Pro-Tern BY: �(�(//ifi /ir _ Deputy Clerk o the Board , O,A v( Da E. ong v( 6, Robert D. Masden EXCUSED Glenn Vaad Minutes, March 14, 2005 2005-0935 Page 5 BC0016 Hello