HomeMy WebLinkAbout20043202.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 3, 2004
TAPE #2004-49
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 3, 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
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of November 1, 2004, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Geile 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 $844,503.55
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2004-3202
BC0016
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BIDS:
PRESENT BRIDGE 27/58A-ST. VRAIN PROJECT BID-PUBLIC WORKS: Mr.Warden listed the four
bidders. He stated the bid will be presented for approval on November 17, 2004.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 66 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -WALLACE AND DALE EHEART: Don
Carroll, Department of Public Works,identified the location of the property and stated all adjacent property
owners were notified. Commissioner Geile moved to approve said agreement. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 15 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - JAMES WOODWARD: Mr. Carroll
identified the location of the property and the County maintained expanse of roadway. He stated all
adjacent property owners have been notified and blue and white crossroad signs have been installed.
Responding to Commissioner Jerke, Bruce Barker, County Attorney, stated the nonexclusive license
agreement does not require the licensee to work out arrangements with adjacent property owners. Mr.
Carroll stated there are additional agreements currently being reviewed. There was no public comment.
Commissioner Vaad moved to approve said agreement. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF WCRS 15
AND 80: Frank Hempen, Jr., Director, Department of Public Works, stated stop signs will be installed on
Weld County Road 15 at the intersection of Weld County Roads 15 and 80, to alleviate sight distance
problems. Responding to Commissioner Vaad, Mr. Hempen stated this particular intersection does not
require a 4-way stop. Commissioner Long moved to approve said installation of traffic control devices.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
OPTERA COLORADO, INC.: Mr.Warden stated this agreement involves a personal property tax rebate
of $75,000, over a ten-year period. He stated Optera Colorado, Inc. will be hiring15 to 20 additional
employees. Commissioner Jerke moved to approve said agreement. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR ANIMAL CARE AND WELFARE FOR 2005 AND
AUTHORIZE CHAIR TO SIGN - HUMANE SOCIETY OF WELD COUNTY: Mr. Warden stated the three
percent increase in funding for the Humane Society of Weld County has been included in the 2005 budget.
There was no public comment. Commissioner Geile moved to approve said memorandum of agreement.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX SALE CERTIFICATE TO BLACKAMERICAN WEST MUSEUM AND
HERITAGE CENTER, LLC: Mr. Barker stated the County is the holder of a Tax Sale Certificate of Purchase
for property located in Deerfield, Colorado. He explained Black American West Museum and Heritage
Center, LLC has requested purchase of said tax sale certificate for$520.27. Commissioner Vaad moved
to approve said assignment. Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, November 3, 2004 2004-3202
Page 2 BC0016
CONSIDER CONSULTING AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN-FELLOWS FINANCIAL, INC.: Mr.Warden stated the agreement is for consulting services to
review policies and procedures for the establishment of metropolitan districts. He explained total fees and
billed costs will not exceed $5,000. Responding to Commissioner Vaad, Mr. Barker stated the
indemnification statement, within the agreement, is standard. After much discussion regarding the
consultant's obligations under the terms of the agreement, Commissioner Jerke moved to approve said
agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF DONALD MUELLER AS WELD COUNTY TREASURER: Commissioner
Geile moved to approve said appointment. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER APPOINTMENT OF BARBARA EURICH AS WELD COUNTY CONTROLLER: Commissioner
Vaad moved to approve said appointment. Seconded by Commissioner Jerke, the motion carried
unanimously.
PLANNING:
CONSIDER AUTHORIZE COUNTYATTORNEYTO PROCEED WITH LEGAL ACTION FOR VI-0400301 -
JOEL GOSSETT: Mr. Barker stated the violation is being considered due to safety concerns. He explained
a Use by Special Review application has been submitted to the Department of Planning Services, and
therefore,all testimony or evidence presented at this hearing should pertain only to the violation. Bethany
Salzman, Department of Planning Services, identified the location of the property. She explained the
property is currently operating as a shooting range, as evidenced by several website advertisements. She
stated because of the safety concerns of surrounding property owners, the Department of Planning
Services recommended all activities associated with the shooting range be discontinued until the Use by
Special Review application has been approved. She stated there are limited references to shooting ranges
within the Weld County Code.
Joel Gossett, property owner, stated he shoots as a hobby and is not operating a business. He explained
he is certified in the shooting sports and has taught a total of 29 students and has held four Boy Scout
shooting events on his property; however he has not received monetary profit from the activities. Mr.
Gossett stated shooting takes place on all the properties within the surrounding area and cited several
examples of shooting incidents. He stated he does not believe shooting is inappropriate on his property.
Several witnesses testified in support of Mr.Gossett,emphasizing his dedication to shooting education and
safety. Several adjacent property owners testified against Mr. Gossett's shooting activities, emphasizing
safety, noise and property trespassing incidents. Mr. Gossett responded to the various allegations,
emphasizing shooting is a hobby for him. Mr. Barker reiterated that some of the testimony and evidence
presented needed to be considered during the Use by Special Review process and was not appropriate for
the violations hearing.
Mr. Barker stated the term"shooting range"is not defined in Chapter23 of the Weld County Code;however
it is referred to in Section 23-3-40C.4 and the standards for a shooting range are referred to in Section
23.4-370. Commissioner Vaad stated it has been ascertained, from the testimony, that there is a
commercial enterprise being conducted on Mr. Gossett's property. In addition, he stated Mr. Gossett is
advertising on a copyrighted website. Chair Masden asked Mr. Gossett if he was willing to cease and
desist. Mr. Gossett agreed to cease all business operations on his property. Commissioner Vaad moved
to refer VI-0400301 to the County Attorney. Seconded by Commissioner Geile, the motion carried
unanimously.
Minutes, November 3, 2004 2004-3202
Page 3 BC0016
CONSIDER RESUBDIVISION, RS#1073, FOR LOT LINE ADJUSTMENT ONLY-RICKY LAURIDSEN AND
TAMMI NORCUTT: Chris Gathman, Department of Planning Services,identified the property location. Mr.
Gatham described the proposed relocation of the lot line and stated the Utility Board recommended approval
of the subdivision with a Condition of Approval. Ricky Lauridsen, property owner, explained the
circumstances for the proposed lot line adjustment. There was no public comment. Commissioner Geile
moved to approve said lot line adjustment. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#368-
MASS INVESTMENTS, LLC: Mr. Gathman stated Department of Planning Services recommended the
release of collateral in the form of an Irrevocable Letter of Credit in the amount of$78,631. Mr. Carroll
identified the location of the site and stated staff verified all transportation issues were completed according
to Ostandards. Commissioner Vaad moved to approve said cancellation and release of collateral for Site
Plan Review, SPR #368. Seconded by Commissioner Geile, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
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 10:35 a.m.
BOARD OF COUNTY COMMISSIONERS
W D OUNTY, COLORADO
ATTEST: /1 4 J ILJJ\ U+ V°" C
ill Robert D. Masden, Chair
Weld County Clerk to the B awl
1 = rs`�
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William H rke, Pro-Tem
BY: 44 �� y
Deputy Clerk to the Board ,1l
M. e Q
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Davi . Long
Glenn Vaa
Minutes, November 3, 2004 2004-3202
Page 4 BC0016
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