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Home My WebLink About20040336.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 26, 2004 TAPE#2004-05 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 26, 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, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners meeting of January 21, 2004, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings conducted on January 21, 2004, as follows: 1) A Site Specific Development Plan and Use by Special Review Permit#1431 -Marlin Ness,do Elite Consulting, Inc.;and 2)A Site Specific Development Plan and Use by Special Review Permit#1445-High Ball Erectors, LLC/Cliff Trostel, c/o Flatirons Surveying, Inc. Commissioner Long 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. 2004-0336 BC0016 ©.21/2q/� WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants for approval by the Board: All Funds $662,233.46 Electronic Transfers -All Funds $2,692.00 Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Long seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-RAFFERTY'S, INC.,DBA RAFFERTY'S:Bruce Barker,County Attorney, stated Sheriff's Deputy, Robert Otterstater, expressed no concerns with this application. Commissioner Long moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Vaad, and it carried unanimously. CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE CHAIR TO SIGN-RAFFERTY'S,INC.,DBA RAFFERTY'S:Mr. Barker stated this is the annual renewal and he recommends approval. Commissioner Vaad moved to approve said application and authorize the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER RENEWAL APPLICATION FOR ATAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON: Mr. Barker stated Sheriff's Deputy, Robert Otterstater,expressed no concerns with this application. Commissioner Long moved to approved said application and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER APPLICATION TO CHANGE,ALTER,OR MODIFY PREMISES AND AUTHORIZE CHAIR TO SIGN -A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON: Mr. Barker stated this application is required when the interior of a liquor licensed premises is modified. He stated the applicant has relocated the office and dry storage to the back of the building, removed laundry machines, and built a new kitchen and storage area. Commissioner Geile moved to approve said application and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE CHAIR TO SIGN-AAND G CONCEPTS, INC.,DBA BEARS SPORTS SALOON: Mr.Barker stated this Dance License will be for calendar year 2004. Commissioner Vaad moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously. CONSIDER 2004-2005 COMMUNITY SERVICES BLOCK GRANT(CSBG)APPLICATION AND PLAN AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Department of Human Services, stated this application is submitted annually to receive funding for various senior transit activities, and the amount is slightly more than previous years. In response to Commissioners Geile and Vaad, Mr. Speckman stated this is federal funding being passed through the State,and the volunteer drivers are reimbursed 34 cents per mile. Mr.Warden stated part of the reimbursement amount covers insurance. Commissioner Vaad moved to approve said application and authorize the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously. Minutes, January 26, 2004 2004-0336 Page 2 BC0016 CONSIDER AMENDMENT #1 TO INTERGOVERNMENTAL DATA ACCESS CONTRACT FOR EMPLOYMENT AND TRAINING PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated this amendment will provide County employees ongoing access to data provided by the Colorado Department of Labor and Employment. Commissioner Long moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN-JOHN EHMKE: Frank Hempen,Jr.,Director of Department of Public Works, stated under this agreement the County will mine gravel on the Ehmke property near the intersection of Weld County Roads 107 and 384,and pay45 cents per cubic yard. Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded by Commissioner Vaad, carried unanimously. CONSIDER STANDARD FORM OF AGREEMENT FOR NORTH JAIL CONTROL SYSTEM AND AUTHORIZE CHAIR TO SIGN-SIERRA STEEL COMPANY:Mr.Hempen stated this agreement will provide Phase 2 of the improvements for the downtown jail holding area,which is currently monitored by master control. He stated Sierra Steel is the contractor for the north jail project,and the cost has been negotiated down to$99,677. Responding to Commissioner Geile,Mr.Persichino stated the underground parking will remain secure, and the court judges may begin parking in that area by using the access keypad. Responding to Chair Masden, Mr. Persichino stated this is a negotiated contract and the system is not proprietary. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER RESOLUTION RE: AUTHORIZATION FOR WELD COUNTY TREASURER TO CANCEL CERTAIN PERSONAL PROPERTY TAXES:Claud Hanes,Controller/Treasurer,requested authorization to cancel the uncollectible personal property tax for the years of 1996 through 2002. Responding to Commissioner Jerke, Mr. Hanes stated the State has requested that some be removed from the tax rolls, and others cannot be collected because the property has been removed and cannot be located. Mr. Warden explained State statute provides for cancellation after one year;however,the Treasurer's Office allowed these to accumulate in an effortto retrieve the taxes. Mr.Hanes added they do not have the option of a tax lien on personal property taxes. Commissioner Vaad moved to approve said Resolution. Commissioner Long seconded the motion, which carried unanimously. PLANNING: CONSIDER REVOCATION OF CHANGE OF ZONE#545-HARVEY AND JEAN MARKHAM: Monica Mika, Director of Department of Planning Services,stated the applicants are in the process of doing a Recorded Exemption followed by an application fora Subdivision,therefore,they are requesting Change of Zone#545 be vacated because Recorded Exemptions are not allowed in a Planned Unit Development (PUD). In response to Commissioner Vaad, Mr. Barker stated the Weld County Code provides for the revocation of a Change of Zone if the applicant does not commence with the PUD process. He proposed the Board consider amending Section 27-8-50 during the second reading of Weld County Code Ordinance#2003-10 to replace the word"hearing"with"meeting". Responding to Chair Masden, Ms. Mika stated this site is 20 acres. There was no public testimony regarding this matter. At the request of Harvey and Jean Markham, Commissioner Vaad moved to revoke Change of Zone#545. Commissioner Long seconded the motion, which carried unanimously. FINAL READING OF CODE ORDINANCE#2003-9, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19,ARTICLES V,VII, IX,XI, XII,AND XIII (KENNESBURG, EATON, KERSEY,LASALLE, FORT LUPTON,AND AULT IGA AGREEMENTS),OF THE WELD COUNTY CODE: Ms. Mika displayed a map showing the final boundaries for the Town of Eaton,and stated the maps for each of the municipalities have each been standardized through the GIS system for better clarity. In response Minutes, January 26, 2004 2004-0336 Page 3 BC0016 to Commissioner Jerke, Ms. Mika displayed a map for the Town of LaSalle and indicated the primary and secondary Intergovernmental Agreement(IGA)boundary lines, and they now align with the South Platte River to avoid overlapping with the boundary lines for the City of Evans. Commissioner Geile commented the LaSalle IGA is indicated in red, and at this time the municipality cannot realistically provide services outside of that line. Ms. Mika concurred and stated the line is also consistent with the LaSalle Comprehensive Plan. Mr.Barker referenced Section 2.5 of the IGAwhich indicates the map reflects lands designated as"Primary Urban Growth Area." Responding to Commissioner Vaad, Mr. Barker stated the City of Fort Lupton is considering an amended Urban Growth Boundary(UGB);however,it was agreed that it would be better to complete this process regarding the termination clause, and then discuss the UGB further under a subsequent Code amendment. Commissioner Geile commented this process is also driving discussions between the Cities of Fort Lupton and Brighton regarding the U.S.Highway 85 Corridor. Tom Francis, area resident, questioned the term length. Mr. Barker stated the IGA is part of the Weld County Code so it will require a three-reading process and agreement by the municipality to change the boundaries. Commissioner Masden stated the boundaries can be changed at anytime;however,there is a formal process which allows for public notification and input. As a matter of procedure, Commissioner Geile moved to read Code Ordinance#2003-9 by title. Commissioner Vaad seconded the motion,which carried unanimously. Mr. Barker read said title for the record. Commissioner Geile moved to approve Code Ordinance#2003-9 on final reading. He stated this will enable the County to work with the municipalities regarding planning issues and infrastructure,and it defines how to treat properties that are within the boundaries. Commissioner Vaad seconded the motion. Commissioner Jerke commented when there is growth in the defined areas the agreements create confusion as to which governmental agencies are responsible for providing services, and not all of the municipalities have primary and secondary service boundaries. He stated it is important that the affected property owners receive notification of the proposed amendments being considered by the City of Fort Lupton. He also fears for the citizens' property rights in relation to the agreement with the Town of Mead because he is not sure how the community will treat the property owners' rights. Commissioner Jerke stated he concurs with the concept of an IGA; however, it does not appear to work and it abdicates the County's land use abilities. Upon a call for the vote, the motion carried four to one, with Commissioner Jerke opposed. SECOND READING OF CODE ORDINANCE #2003-10, IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 21 AREAS AND ACTIVITIES OF SPECIAL INTEREST; CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISION, AND CHAPTER 27 PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY CODE: Commissioner Long moved to read Code Ordinance #2003-10 by title only. Commissioner Vaad seconded the motion,which carried unanimously. Mr. Barker read said title for the record. Ms. Mika stated at the request of the Board, staff provided notification to mineral representatives,and she submitted evidence of notification, marked Exhibit B. Mr. Barker stated Commissioner Jerke previously suggested modifying Sections 24-8-20.C.2 and C.3 to remove the reference to 160 acres and end the sentences after the word"ownership". Commissioner Jerke stated with the development of many corner sections, most quarter sections are less than 160 acres, and it is better to define the minimum requirement, and Chair Masden concurred. Mr. Barker also requested the Board consider modifying Section 27-8-50 to replace the word "hearing"with "meeting,"as shown on Exhibit C. Connie Davis,Aggregate Industries,stated she spoke with Assistant County Attorney, Lee Morrison,and proposed changes which would clarify the intent and avoid any interpretation that a temporary substitute supply plan and a gravel pit well permit are required at the time of application submittal. She expressed concern that the intent of Sections 23-4-260.G.13, 23-4-280.B, 23-4-290.K is unclear and subject to a different interpretation in the future. Ms. Davis expressed concern with requiring a temporary substitute supply plan priorto recording the plat because that will eliminate an applicant's ability to do many preliminary Minutes, January 26, 2004 2004-0336 Page 4 BC0016 mining activities that do not impact groundwater. Ms. Davis proposed modifying Section 23-4-260.G.13 to use the language used by the Division of Minerals and Geology(DMG)in its water information requirements, or reference those requirements,as well as identifying sources of water for domestic use by employees. She stated if the other Code changes are adopted,then Section 23-4-280.B is no longer an option, rather, it would be a requirement and could be eliminated. Lastly,under Section 23-4-290.K,Ms. Davis requested that any reference to a third party be eliminated. Responding to Commissioner Geile, Ms. Davis stated before they can be released from the financial warranty, the operator must have all agreements and the reclamation plans must in place. She stated if the operator does not perform as proposed, then that is addressed through both state and local permits. She further stated the DMG requires water rights ora bond sufficient to bring in backfill to fill the open areas. Responding to Commissioner Jerke, Ms. Davis stated she provided some general information to Mr. Morrison regarding the changes she proposed. Commissioner Masden suggested scheduling a work session to discuss those changes prior to final reading. Jeff Gregg, Hall-Irwin Corporation representative, expressed concern with Section 23-4-290 requiring a temporary substitute supply plan prior to recording the plat. He stated that is a lengthy process and could potentially delay other preliminary mining activities that could be done before groundwater is exposed. He suggested the operator be required to submit a letter,along with the approved temporary substitute supply plan,to the Department of Planning Services indicating theywould like to proceed into the groundwater and that they have the right to do so. Commissioner Geile expressed concern with financial investors applying and then hiring a mining operator once the permit is granted. He asked Mr. Gregg to prepare a statement regarding that matter for the work session. Mr. Barker stated, as proposed, Section 23-4-290 is prior to recording the plat or at a time designated by the Board of Commissioners,which gives a lot of flexibility and is subject to negotiation with the applicant through a condition of the Use by Special Review Permit. Bill Schenderline,Applegate Group,commented staff currently gets a lot of support from referral agencies that specialize in water rights; however, under Section 23-4-260.G.13 the water rights must also be reviewed and determined by the County staff. Commissioner Masden invited Mr. Schenderline to attend the work session,and commented water rights issues would also be reviewed by County legal staff. There being no further comments, Chair Masden closed public testimony. Commissioner Jerke moved to approve Code Ordinance #2003-10 on second reading with the amendments discussed regarding Sections 24-8-20.C.2 and C.3, and 27-8-50. Commissioner Long seconded the motion, which carried unanimously. SECOND READING OF CODE ORDINANCE #2003-11, IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 29 BUILDING REGULATIONS,AND APPENDIX 5-K OF THE WELD COUNTY CODE: Commissioner Vaad moved to read Code Ordinance#2003-11 by title only. Commissioner Geile seconded the motion,which carried unanimously. Mr. Barker read said title for the record. Jeff Reif, Department of Building Inspection,stated since the first reading he is recommending an amendment to Appendix 5-K to include the Grading Permit fees because they are not included with the International Building Code. No public testimonywas offered concerning this matter. Commissioner Vaad moved to approve Code Ordinance #2003-11 on second reading, with the addition of amendments to Appendix 5-K regarding Grading Permit fees. Commissioner Jerke seconded the motion,which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Code Ordinance#2003-9 was approved on final reading,and Code Ordinances#2003-10 and #2003-11 were approved on second reading. Minutes, January 26, 2004 2004-0336 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 10:15 a.m. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ATTEST: L 'SOL' IE LE &- $-0 Robert D. Masden, Chair Weld County Clerk to th l rf4y%ta 1 /a lei William H. Jer , Pro-Tern BY: c Deputy Clerk to the Boar. ♦ ' M. ile David . Long Glenn Vaad Minutes, January 26, 2004 2004-0336 Page 6 BC0016 Hello