HomeMy WebLinkAbout20040844.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 15, 2004
TAPE#2004-11
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 15, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of March 10, 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 March 9,2004,as follows: 1)Violation Hearings. Commissioner Long seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA:
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
All Funds $518,367.38
Electronic Transfers - All Funds $1,047.61
2004-0844
BC0016
Q3 3r -oce
Commissioner Long moved to approve the warrants as presented by Mr. Hanes. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-YE'O JR, INC., DBA BOLDT IN GRILL: Bruce Barker,CountyAttorney,stated Deputy Bill Wagner,
Weld County Sheriff's Office, had no concerns regarding this renewal. Commissioner Geile moved to
approve said renewal and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-HEREFORD
BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Mr. Barker stated Deputy Roy Rudisill,Weld
County Sheriff's Office,had no concerns regarding this application. Commissioner Long moved to approve
said renewal and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER CHANGE ORDER #2 FOR WCR 51 PROJECT AND AUTHORIZE CHAIR TO SIGN -
PICKETT ENGINEERING, INC.: Frank Hempen,Jr.,stated this change order is in the amount of$6,900,
for relocating a fiber optic line and redesigning Jim Creek for the Calpine project. Mr. Hempen stated this
will also include the engineering and hydraulics study for the design of Jim Creek. Responding to
Commissioner Geile, Mr. Hempen stated Calpine will pay the costs, which are within the budgetary
constraints of the project. Commissioner Geile moved to approve said change order and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ANNEXATION FOR A PORTION OF WCR 394 TO THE CITY OF EVANS
AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated a request was received for Weld County to submit
a petition to the City of Evans for annexation of a portion of Weld County Road 394,which would link up two
other annexations for properties owned by Monfort of Colorado. Responding to Commissioner Geile,Jim
Fletcher,City of Evans Senior Planner,stated this is a part of a much larger annexation totaling 1,345 acres.
He stated the applicant wishes to pursue residential and commercial development after the mining is
completed,over the next 20 or 25 years. Mr.Fletcher stated the annexation has not been approved by the
City Council; however, it is on the agenda for March 16, 2004. He stated if the zoning is subsequently
approved,the applicant would also have to submit a Planned Unit Development(PUD)Plan outlining the
specifics of the use. Responding to Commissioner Geile regarding haul routes, Mr. Fletcher stated there
are 16 annexations, not 16 gravel mines; however, numerous gravel pod areas are included. He stated
there are approximately 26 pods which will be mined sequentially,with conversion to water storage as they
are completed. He stated the proposal also includes a concrete and asphalt batch plant,and a conveyor
belt is proposed to move materials from the northeast corner to the southwest corner of the property to the
railroad spur. Responding to further questions, Mr. Fletcher stated 70 percent will be shipped by rail,and
30 percent shipped via Weld County Road 394. He also stated the only input the Countywill have regarding
the haul routes will be when the referral is sent out as part of the PUD planning process. Responding to
CommissionerJerke regarding County input,Mr.Barker stated only the annexation of this small portion of
road is before the Board and no other action will be required of this Board prior to the 16 annexations being
approved by the City of Evans. Mr. Fletcher responded to further questions from Commissioner Jerke that
no part of Weld County Road 394 is being annexed east of Weld County Road 35. Commissioner Jerke
stated if this is the only agreement or approval to come before this body, in order to affect the haul route,
which could potentially have great impact on County roads,he would prefer to have agreements in writing
prior to the completion of this annexation. He stated he has grave concerns about proceeding if the County
is not able to ensure proper haul routes with safety of the citizens being primary and including long-term
maintenance contingency. He further stated this has happened with other municipalities,and the County
has to pay the price because it is unable to affect the haul route for the benefit of the citizens of Weld
Minutes, March 15, 2004 2004-0844
Page 2 BC0016
County. Responding to Chair Masden, Mr. Fletcher stated the annexation being requested is 1500 linear
feet. Responding to further questions, Mr. Barker reiterated there will not be any further action required of
this Board regarding the annexations,and this portion of road is being requested to make certain there is
contiguity between several other annexations. Chair Masden stated he agrees with the concerns stated
by CommissionerJerke regarding haul routes,and suggested a continuance might be in order to allow staff
to work on the possibility of getting an agreement regarding haul routes. Responding to Commissioner
Geile, Mr. Fletcher stated the annexation goes before City Council twice. It is scheduled March 16, 2004,
for the public hearing and the second reading is April 6,2004. Commissioner Geile suggested approval be
granted,with the condition that an agreement to maintain the integrity of County roads be executed prior to
second reading. Mr. Barker stated that is all right; however, it is somewhat open-ended, and it would be
contingent upon having a secondary agreement between Weld County and Evans. He stated he cannot
speak to the City's timing issues,although the City would have to wait for this agreement to be in place prior
to approval of the annexation. Mr.Fletcher clarified that the Countywants input on the haul routes whether
or not these particular annexations are approved;and stated the reason for this annexation is to allow for
contiguity. He stated the applicant could redraw the maps and still get contiguity;however,they wanted to
do it this way. If the applicants do not want to go through the County and include this road,they could still
redraw and the County still will not have input on the haul routes. Mr. Fletcher stated the City needs to figure
out a way to accommodate the Board's concerns regardless of whether this annexation is approved.
Monica Mika, Director of Planning Services, stated staff from the Departments of Planning Services and
Public Works have been working on comments which are due today for the City of Evans on these
annexations. She stated lots of annexations in Weld County are done and the Board does not usually have
participation in the approval process for those annexations. She stated the normal process is that the
annexation is filed with the Clerk, copies are sent to Planning for comments,which are coordinated with
Public Works. She stated most comments are related to procedural process, regarding contiguity, and
proper procedures being followed. Mr. Barker stated this is like any other roadway a municipality wishes
to annex,and the Cities of Evans and Greeley have,through a Court case,agreed upon the proper way of
handling it. He agreed with Commissioner Jerke that this is an opportunity to ensure the haul route is
addressed properly. Mr. Barker stated signing off on this does not mean the Board is agreeing to the rest
of the annexations; however,this opportunity is here at this time,and he suggested approval be given with
the condition that an agreement between the City of Evans and Weld County be completed for the purpose
of establishing a haul route satisfactoryto both,prior to the City finalizing the annexation at the next hearing.
Don Carroll, Department of Public Works, stated staff does receive municipal referrals and sends
comments on them. He stated staff was aware of the 16 annexations; however, most of the annexations
did not encompass any Weld County roads. He stated staff had conversations with City staff,who indicated
that only 30 percent would be hauled by truck. Commissioner Geile stated if no statement of cooperation
exists, Evans could develop a haul route without input from the County;therefore,he would also prefer an
agreement be reached prior to completion of the annexation. Mr.Fletcher stated the applicant plans to ship
east on Weld County Road 394 to Highway85,instead of going north. Chair Masden stated he agrees with
Commissioner Geile. Responding to Mr.Barker,Mr.Fletcher stated the second hearing for the annexation
would be on April 6,2004,which is generally only on the consent agenda,although nothing would preclude
taking comment on the second reading. Commissioner Jerke clarified that language be included on the
Resolution that approval is expressly conditioned that an agreement will be in place prior to the date of the
final hearing on this annexation,and the agreement will address the haul route,as well as continued road
maintenance. Commissioner Geile stated he concurs. Responding to Mr.Fletcher,Mr. Barker clarified that
the Board petition for annexation is conditional upon having an agreement or memorandum of understanding
in place prior to April 6,2004, between the City and County,for the purpose of determining the haul route,
and providing for long-term maintenance of that route. He further stated this may include an improvements
agreement that the City would require as part of that annexation of the remainder, and part of the PUD
process. He stated that if that agreement is not in place prior to April 6, 2004, the Board of County
Minutes, March 15, 2004 2004-0844
Page 3 BC0016
Commissioners will withdraw the petition for annexation. Mr. Fletcher stated the haul route will be
determined during the PUD process,therefore,the wording in the agreement could be to involve the County
in that PUD Plan process. Mr. Barker stated that might work,and that there are several approaches to be
explored to determine which will work best for the Council and Board. Commissioner Jerke stated that,
regardless of the type of agreement, it is all about safety, mitigation, and making sure it is done properly.
Chair Masden agreed. Commissioner Jerke moved to approve said petition,expressly conditioned upon
an agreement being in place prior to the date of the final hearing on the annexation;and that the agreement
will address the haul route, as well as continued road maintenance. Seconded by Commissioner Geile,
the motion carried unanimously. Commissioner Jerke instructed staff, specifically, Monica Mika, Bruce
Barker,or Frank Hempen,to attend the City Council meeting and speak directly to this issue. Chair Masden
concurred that representation is imperative at the meeting on March 16, 2004.
CONSIDER STANDARD FORM OF INTERGOVERNMENTAL AGREEMENT FOR USE OF
ELECTION EQUIPMENT: Mr.Barker stated this is the standard form of an intergovernmental agreement
which is used for municipalities which request use of election equipment from the Clerk and Recorder. He
stated approval of the standard agreement allows the Chair to sign those intergovernmental agreements
which are consistent with the form of said agreement. Commissioner Jerke moved to approve said form.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER NORTHEAST COLORADO MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN: Ed
Herring,Office of Emergency Management,stated the Disaster Mitigation Act,passed in 2000,required that
local entities complete a Plan for dealing with natural hazards,and have it submitted prior to November 1,
2003. The Northeast Colorado Emergency Management Association, which is a consortium of eleven
northeast Colorado counties, followed a methodology prescribed by FEMA, consisting of two levels of
planning teams. The first,a coordinated planning team consisted of all eleven county emergency managers
and select state and federal agency representatives,and the second,local government teams from each
of the eleven counties. The Multi-Jurisdictional Hazard Mitigation Plan was drafted and is ready for
submittal. Mr.Herring stated failure to approve at this time will delay the County from receiving funds in the
first round of funding. He stated the format of the document is a document which will be changed and
updated as necessary;however,signatures must be submitted by March 17,2004. Mr. Herring also stated
FEMA and the state have seen drafts and have indicated acceptance of the plan will be forthcoming.
Responding to Commissioner Geile,Mr. Herring stated the Colorado Office of Emergency Management is
the coordinator for the natural disaster emergency funds,and the terrorism portion will dovetail with this one.
Commissioner Geile stated the northeast group will determine how the districts will be set up. Mr. Herring
stated this is the natural disaster portion of the FEMA grant,which includes preplanning for floods,blizzards,
and mitigation of flood prone areas. Mr. Herring stated some funds may be available for 800 MHz radios,
through the terrorism portion of the funding. After further discussion, Mr. Herring stated this is the only
County in the state with 100 percent participation among its municipalities. Commissioner Long moved to
approve said plan and authorize the Chair to sign. Seconded by Commissioner Jerke,the motion carried
unanimously.
PLANNING NEW BUSINESS:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), ACCEPT FORM OF COLLATERAL, AND
AUTHORIZE CHAIR TO SIGN,FOR USE BY SPECIAL REVIEW PERMIT#1413-ANTHONY NAVARRO,
DBAACTION PURSUIT PAINTBALL:Chris Gathman,Department of Planning Services,stated collateral
was received, in the amount of $26,987, to cover on-site street grading, gravel, landscaping, etc. He
recommended acceptance,and noted that a Condition of Approval for the permit requires landscaping and
screening from Highway 34; however, staff has found the closest residence is below the site, therefore,
screening is not required, and staff is satisfied the Condition has been met. Commissioner Geile moved
Minutes, March 15, 2004 2004-0844
Page 4 BC0016
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,the motion
carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER AUTHORIZATION FOR ABATEMENT OF DANGEROUS BUILDING AT THE WINDSOR MEAT
PACKING PLANT-JESSE RODRIGUEZ/JACKES, LLC(CON'T FROM 02/18/04): Mr.Barker stated this
was first considered on February 2,2004,for authorization of the demolition of the building,in the amount
of$32,500,which would become a lien on the property. The matter was continued to February 18, 2004
to allow time for discussion with the Town of Windsor and Mr. Rodriquez, to allow him to participate in a
donation of the building to the Town of Windsor,while allowing him to retain some of the property on which
to keep the antenna under his ownership. Mr. Barker stated he discussed the matter with Mr. Rodriquez
and sent him a letter, as well as faxed a copy to his son, Daniel Rodriquez. In the interim, staff found
asbestos to be present in the building,which requires mitigation estimated to cost less than$10,000. Mr.
Barker stated he spoke with Dan Rodriquez two weeks ago regarding the asbestos, as well as staff
concerns about two lagoons located on the property. Mr. Barker stated Cindy Etcheverry, Department of
Public Health and Environment,stated the lagoons were empty, however,she noted a gas pump located
next to what appears to be an underground storage tank. He stated it will be necessary to have a private
company determine the size of the tank,and whoever is in possession of the propertywill have to deal with
the gas tank. Mr.Barker spoke with Daniel Rodriquez,who stated his intention of talking to Windsor about
swapping properties; however, he was unable to set that up. Mr. Barker mailed another copy of the
resolution informing Mr.Rodriquez of the continuance of this matter,and requested he notify Mr. Barker of
his intentions prior to this date. Mr.Barker noticed that neitherJesse nor Daniel Rodriquez is present,even
though they received notice;therefore,he recommends the Board approve the resolution,authorizing the
demolition and place a lien on the property. He also recommended an amendment to the resolution, to
include the cost of asbestos mediation to be paid by the County,and included in the lien on the property.
Responding to Commissioner Jerke,Mr. Barker stated Mr. Rodriquez is aware of the cost of the asbestos
mitigation,through discussion with him,as well as sending a copy of the inspection reportto him. He stated
he also mentioned the $10,000 in cost in the February 17, 2004, letter. Rod Wensing,Town of Windsor
Administrator,stated he is only present to find out what is happening,and he encouraged the Board to act
on the Resolution. Commissioner Geile moved to approve the draft resolution,as amended by Mr. Barker.
The motion, which was seconded by Commissioner Long, 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.
Minutes, March 15, 2004 2004-0844
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: ute#4 (/� '. � IE I[,�N _ _" U2 J��1n�t
>/ \ Robert D. Masden, Chair
Weld County Clerk to the B f rd + �%
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c� .;,,;o William H. rke, Pro-Tem
Deputy Clerk to the Boar. e \) J e1 14.-r--
David E. Long
EXCUSED
Glenn Vaad
Minutes, March 15, 2004 2004-0844
Page 6 BC0016
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