HomeMy WebLinkAbout20043378.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 22, 2004
TAPE #2004-52/53
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, November 22, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of November 17, 2004, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance#2004-10 by tape.
Commissioner Geile seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on November 8, 2004, as follows: 1)Hearing to Obtain Public Input Regarding the Adoption of
Weld County Road 49 Arterial Study; and Hearings conducted on November 17, 2004: 1) AmUSR#991,
Duke Energy Field Services, do Witwer, Oldenburg, Barry and Johnson, Llp, Attn: Tim Clancy;
2) USR #1475, Samuel and Cynthia Clark, do Land Consultants. Commissioner Geile 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 Geile seconded the motion, and it carried unanimously.
2004-3378
BC0016
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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 $949,017.14
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR OUTREACH ACTIVITIES AND AUTHORIZE
CHAIR TO SIGN - TRI-TOWN SENIOR CENTER: Walt Speckman, Director, Department of Human
Services, stated said grant is in response to needs data which shows that a high percentage of Weld
County seniors are lonely and isolated from community life, and Tri-Town Senior Center has been
contracted to implement one-on-one visitations and buddy programs. Commissioner Geile moved to
approve said agreement. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TITLE III AND VII ANNUAL GRANT APPLICATION FOR AREA AGENCY ON AGING AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated said grant is for $523,953 and will fund several
programs. Commissioner Vaad moved to approve said application. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER APPLICATION UPDATE FOR TRANSPORTATION GRANT FOR SECTION 5310 AND
AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated said grant will provide funding to purchase vans for
public transportation. Commissioner Vaad moved to approve said application. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER APPLICATION UPDATE FOR TRANSPORTATION GRANT FOR SECTION 5311 AND
AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated said grant will provide transportation services to meet
the special needs of both elderly and disabled persons. Commissioner Geile moved to approve said
application. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER WELD COUNTY ROAD 49 ARTERIAL CORRIDOR STUDY WITH ALTERNATIVE
ALIGNMENTS, INCLUDING WELD COUNTY ROAD 47,TO BE USED BY WELD COUNTY FOR FUTURE
TRANSPORTATION PLANNING: Bruce Barker, County Attorney, stated the public hearing has been
conducted and this resolution is a planning document and does not address private property. There being
no public comment,CommissionerJerke moved to approve said resolution. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER ACCEPTANCE OF FILING OF SERVICE PLAN AND REFERRAL TO WELD COUNTY
PLANNING COMMISSION FOR STUDY AND RECOMMENDATION-EAST I-25 SANITATION DISTRICT:
Mr. Barker stated the resolution is to accept the filing of the East Interstate 25 Sanitation District Service
Plan. He explained said plan will be sent to the Planning Commission for hearing and the Planning
Commission will report back to the Board of County Commissioners. Responding to Commissioner Geile,
Mr. Barker identified the service district and the timeline for processing said plan. Mr. Barker explained the
service plan will be contingent upon the 208 boundary being changed and the 208 boundary change has
to be contingent upon the service plan being approved. Responding to Commissioner Jerke, Mr. Barker
stated there will be another hearing before the Board of County Commissioners to address particular issues
before the final determination is made. There being no public comment, Commissioner Vaad moved to
approve said resolution. Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, November 22, 2004 2004-3378
Page 2 BC0016
CONSIDER INMATE FACILITYSERVICESAGREEMENTANDAUTHORIZE CHAIR TO SIGN-EVERCOM
SYSTEMS, INC: Mr. Barker stated this is a standard contract for services with changes made pertinent to
Weld County. Mr. Warden stated the Board of County Commissioners previously approved the bid.
Commissioner Geile moved to approve said agreement. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER AGREEMENT FOR PHONE SYSTEM UPGRADE FOR BUILDINGS AND GROUNDS,
PARAMEDIC SERVICES AND EXTENSION OFFICE AND AUTHORIZE CHAIR TO SIGN - SIEMENS
COMMUNICATIONS, INC.: Mr.Warden stated the$67,429.55 in upgrades has been budgeted for 2005.
Commissioner Jerke moved to approve said agreement. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER AGREEMENT FOR SERVICES UNDER FEDERAL GRANT AND AUTHORIZE CHAIR TO
SIGN: Ken Poncelow,Sheriffs Office,stated the agreement is part of the Juvenile Accountability Incentive
Block Grant. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Vaad,
the motion carried unanimously.
CONSIDER APPOINTMENT OF DIRECTOR OF COMMUNICATION SERVICES - JUAN CRUZ: Mr.
Warden stated Juan Cruz will replace Kent Donahue as the Director of Communication Services.
Commissioner Jerke moved to approve said appointment. Seconded by Commissioner Geile,the motion
carried unanimously.
CONSIDER APPOINTMENT TO ISLAND GROVE PARKADVISORY BOARD: Commissioner Geile moved
to continue said matter until November 24, 2004. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER FINAL READING OF CODE ORDINANCE#2004-9, IN THE MATTER OF REPEALING AND
RE-ENACTING CHAPTER 15, VEGETATION, OF THE WELD COUNTY CODE: Commissioner Vaad
moved to read the Ordinance by title only with Commissioner Geile seconding the motion. It was approved
unanimously. Mr. Barker read said title. There being no public comment, Commissioner Geile moved to
approve the final reading of Code Ordinance #2004-9. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER FIRST READING OF CODE ORDINANCE#2004-10, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 5 APPENDICES, OF THE WELD COUNTY CODE:
Mr. Warden stated this Ordinance concerns the 2005 fee update for all County departments, as well as
establishing $10,000 as the amount set by Weld County Home Rule Charter for written sealed bids. Mr.
Warden summarized the changes to include the County parking fees, Paramedic Services fees,installation
of road bore and application fees, miscellaneous utility installation permit fees, prisoner processing fee,
absentee voter setup fee,land use application fees and mobile home inspection fees. There being no public
testimony, Commissioner Geile moved to approve the first reading of Code Ordinance #2004-10.
Seconded by Commissioner Vaad, the motion carried three to one, with Commissioner Jerke voting
against.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW #637 - DOUGLAS BORN: Sheri Lockman,
Department of Planning Services, stated the permit is for a gravel mining permit which has been revoked
by the Colorado Mined Land Reclamation Division of Minerals and Geology. There being no public
testimony, Commissioner Vaad moved to approve said vacation. Seconded by Commissioner Geile,the
motion carried unanimously.
Minutes, November 22, 2004 2004-3378
Page 3 BC0016
CONSIDER VACATION OF USE BY SPECIAL REVIEW#1406- RONALD AND MICHELE SACK : Ms.
Lockman stated the application was never completed and staff is recommending approval of the vacation.
Commissioner Jerke moved to approve said vacation. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT#1329-LOVELAND READY MIX CONCRETE, INC.: Don Carroll, Department of Public Works,
identified the location of Loveland Ready Mix Concrete, Inc., stating the improvements have been
completed and release of$12,000 for the transportation item is recommended. Commissioner Vaad
moved to approve said cancellation and release of collateral. Seconded by Commissioner Geile,the motion
carried unanimously.
CONSIDER SECOND AMENDED RESUBDIVISION,2ND AMRS#1033, FOR LOT LINE ADJUSTMENT-
ROBERTSHELLENBERGER,JUDITH GREEN,CAROL LOWEAND LARRYARMFIELD: Ms. Lockman
identified the location of the property,stating three lot lines will be reconfigured to two lots. Responding to
Commissioner Jerke, Ms. Lockman stated no improvements have been performed on the third lot.
Responding to Chair Masden, Ms. Green and Mr. Shellenberger accepted the Conditions of Approval.
Commissioner Jerke moved to approve Second Amended Resubdivision #1033. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1394-
NORTHERN COLORADO CONSTRUCTORS, INC.: Chris Gathman, Department of Planning Services,
identified the location of the site, stating several documents required under Conditions of Approval were
misplaced during the Department of Planning Services'current move to a new location. He explained 1.G.
and 1.H.of the Conditions of Approval have been completed. He stated mining of the site has commenced
and two semi-trailers are being used as office space and storage; however, the applicant is applying for a
mobile home permit to replace one semi-trailer. Mr. Gathman stated the applicant needs to provide
additional information on the Flood Hazard Development Permit application and negotiate a long-term road
improvements plan for Weld County Roads 18 and 25.
John Zadel, applicant's representative, stated the business is not officially open and all operations
conducted relate to stockpiling material. Responding to Commissioner Geile, Mr. Zadel stated some
material has been removed from the property because his company is laying a water line and the material
is being used to rebuild a county road; however, the pit is not open for mining. Mr. Zadel stated project
costs have increased in excess of$500,000 since project inception. He stated he has resubmitted all
required documents to the Department of Planning Services. Mr. Zadel presented photographs, marked
Exhibit E, displaying the semi-trailer (control tower) he wishes to retain to house electrical equipment.
Responding to Commissioner Jerke, Mr. Zadel stated the mine covers 70 acres and the control tower is
needed to move from cell to cell. Responding to Chair Masden, Mr.Zadel clarified the configuration of the
control tower. Responding to Commissioner Geile, Mr.Zadel stated the control tower runs all the electrical
operations and complies with all the Uniform Electrical Codes. Mr.Zadel stated his company did execute
the Department of Public Works agreement; however, after conversations with staff, he doubts that the
document will be the final agreement.
Responding to Commissioner Jerke, Keith Meyer, Department of Public Works explained that, due to the
different timelines for the other hauling companies,the road maintenance agreements have been difficult
to coordinate. He stated it has taken a year to finalize the original agreement, and there is a signed
agreement in place; however, it is not valid as it has not been completely executed and it has not been
coordinated with the other haulers in the area. Mr. Meyer stated there is a scheduled meeting with the other
Minutes, November 22, 2004 2004-3378
Page 4 BC0016
haulers to finalize the current agreement;however,some of the outside operators are not willing to comply
with the current configuration of the agreement. Mr. Meyer stated Mr. Zadel's road improvements
agreement states that within six months of hauling,road improvements need to be in place,and there have
been reports that the applicant has been hauling material offsite, not just stockpiling.Commissioner Jerke
stated,when there is a contingency situation,the County cannot force one company to delay it's project or
pay for all the cost of improvements. Mr. Meyer responded that the operators are all using and will
participate in improvements to the one haul route;therefore,staff wants the three operators to get together
and develop an agreement that would meet the first requested timeline. Commissioner Jerke stated the
County cannot give a third party the power of veto;this practice injures the property right that an individual
has obtained through process; and staff has got to find a way of designing the agreement so the business
can move ahead. He stated the county road in front of the project is already paved and is being used for
hauling. Commissioner Geile briefly reviewed the issues involved with a previous hearing regarding said
haul route,and expressed concern with delays in improving the haul route. Responding to Commissioner
Jerke, Mr. Meyer stated a joint operating agreement concept was not a requirement for the approval of the
original Use by Special Review Permit #1394. Chair Masden stated the County cannot make a
determination retroactive to a previously permitted Use by Special Review.
Mr. Gathman stated under Section 23-4-160.8 of the Weld County Code, the use of semi-trailers for
temporary housing of persons or office space is not allowed. Mr. Zadel stated the control tower is used to
house electrical equipment and as a monitoring facility for the operator to observe activities on the site. He
stated he is in the process of permitting a mobile home to use as office space. Commissioner Geile stated
there needs to be flexibility when dealing with power systems because they are designed to protect
equipment and people working onsite. Mr. Barker stated the control tower should be classified as a
commercial vehicle, rather than a mobile home, and the Weld County Code should be amended to allow
for this type of structure. Commissioner Jerke stated he does not find probable cause in said matter
despite indications of materials being hauled off-site. There being no public comment,Commissioner Jerke
moved to continue said matter to February 23,2005. Seconded by Commissioner Geile,the motion carried
unanimously.
PLANNING OLD BUSINESS:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW#1382-
VETERINARY PROPERTIES, LLC (CON'T FROM 11/15/04): Jacklyn Hatch, Department of Planning
Services, identified the location of the property. Ms. Hatch identified the plant material placed on site and
stated said material was not in compliance with the recorded plat. Ms. Hatch stated because the applicant
used unapproved plants in the landscaping,the Department of Planning Services is requesting denial of the
release of collateral. Lori Smith, representative for applicant, reviewed the contents of a letter submitted
by the applicant, stating the applicant did not intentionally deviate from the original plat. She stated the
applicant selected the unapproved trees per a recommendation by West Greeley Soil Conservation District.
She explained the Blue Spruce was not selected as a viable tree for the west side of the property, as the
only water source is a hose. Chair Masden stated the poplars, which the applicant selected, were not
selected by the Department of Planning Services because of it's short lifespan. Mr. Carroll stated the
applicant has completed the transportation requirements. Commissioner Vaad stated he understood the
applicant's confusion of what was expected; however, he stated he opposes the release of collateral until
the poplar trees are replaced. He stated the applicant needs to coordinate the landscaping choices with
staff to meet an acceptable compromise. Commissioner Jerke stated he is sympathetic towards the
applicant because,when dealing with smaller private sector projects,government needs to be more flexible
when determining landscaping requirements. He stated the facility is immaculate and the decision on
choice of landscaping material should be left to the applicant. Commissioner Geile stated there is enough
evidence that there needs to be significant improvements in the choice of plant material and advised the
applicant to adhere to the recommendations of staff. Chair Masden stated he would like to see the poplars
replaced; however,the expense and high maintenance of the recommended Blue Spruce does not make
Minutes, November 22, 2004 2004-3378
Page 5 BC0016
this tree a good choice. Commissioner Vaad moved to continue the matter to February 23, 2005, with a
stipulation that the applicant work with staff to develop a new landscape plan. The motion, which was
seconded by Commissioner Geile, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance 2004-09 was approved on final reading and Ordinance 2004-10 was approved
on first reading.
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 11:05 a.m.
BOARD OF COUNTY COMMISSIONERS
e0 E lda /e4 , /G% /I iAt WELD COUNTY, COLORADO
186, ` Robert D. Masden, Chair
Clerk to the Board ‘1 ` l/
O� William H. rke, Pro-Tem
Deputy Clerk to the Board ?may
M. J. Geile
EXCUSED
David E. Long
Glenn Vaad
Minutes, November 22, 2004 2004-3378
Page 6 BC0016
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