HomeMy WebLinkAbout20042563 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 25, 2004
TAPE #2004-36
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, August 25, 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, Debra S. Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of August 23, 2004, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Masden added New Business#9:"Consider Acceptance of Abstract
of Assessment for 2004 and authorize Chair to sign." Commissioner Geile moved to approve the
amendments to agenda. Commissioner Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - TRACY POWELL AND
CHRIS VOGT: Chair Masden read the presentations into the record. Tracy Powell nor Chris Vogt were
present to accept the certificates.
RECOGNITION OF SERVICES, BOARD OF RETIREMENT-WILLIAM HEDBERG: Chair Masden read
the presentation into the record. William Hedberg was not present to accept the certificate.
2004-2563
BC0016
RECOGNITION OF SERVICES, PLANNING COMMISSION-STEPHEN MOKRAY: Chair Masden read the
presentation into the record. Mr. Mokray stated working for the Commission was a great experience and
he appreciated the opportunity to contribute time to the County. Commissioner Geile expressed his thanks
to Mr. Mokray for his support, dedication and commitment to the Planning Commission.
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 $284,121.11
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 19 BETWEEN WCRS 4 AND 6: Frank Hempen, Jr.,
Director of Public Works,stated that due to the recent rain storms,there were overflows in Dry Creek which
resulted in damage to a bridge structure. Commissioner Long moved to approve the temporary closure.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR WCR 47 AND AUTHORIZE CHAIR TO
SIGN-DANIEL AND KELLIE RULLA: Mr. Hempen stated the cost for acquiring the easementwill be$350.
Commissioner Jerke moved to approve the temporary easement. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR LICENSE FROM
TEODULA VARELA,INC., DBA TEO'S LOUNGE AND GRILL AND AUTHORIZE CHAIR TO SIGN-SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE: Bruce Barker, County Attorney, stated the Sheriffs Office
indicated no concerns regarding this transfer. He explained that there were,however,questions regarding
water nitrate levels at the tavern and he would like an opportunity for the Department of Public Health and
Environment and Ms. Sipres to comment. Commissioner Geile moved to continue the transfer to
August 30, 2004 at 9:00 a.m. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE: Commissioner Geile moved to continue the matter until
August 30, 2004 at 9:00 a.m. Commissioner Long seconded the motion. There being no further
discussion, the motion carried unanimously.
CONSIDER VETERAN'S SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN-JUNE AND JULY,2004: Commissioner Geile moved to approve the
report. The motion, which was seconded by Commissioner Jerke, carried unanimously.
Minutes, August 25, 2004 2004-2563
Page 2 BC0016
CONSIDER CONSENT TO THE ENFORCEMENT BY THE MILLIKEN FIRE PROTECTION DISTRICT OF
THE 2003 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN THE DISTRICT'S
UNINCORPORATED PORTIONS OF WELD COUNTY: Lloyd Prather,Jr., representative for Milliken Fire
Protection District(the District),requested the Board's consent to enforce the 2003 International Fire Code
within unincorporated areas of Weld County that lie within it's jurisdiction. Responding to Commissioner
Jerke, Mr. Prather responded that the main differences between the 1997 Code and the 2003 Code are the
width of access roads for large commercial buildings, fire hydrant placement and sprinkler system
requirements for residential structures. Mr. Prather stated the new 30 foot requirement for access roads
is for specific commercial property and not county streets or roads. He further explained that the District's
responsibility is to meet the intent of the Code with respect to public safety, in conjunction with working with
developers to ascertain proper safety guidelines are addressed in the construction phase. Responding to
Chair Masden, Mr. Barker stated the action before the Board is to either consent or not consent to the
enforcement of the Code and the decision cannot be made conditional upon the District's flexibility. He
further explained that there is an appeals process that is part of the Code and the District has gone through
the appropriate notification process by advertising in two local newspapers;in addition,the Town of Milliken
adopted the fire code and provided notice of their hearing. Commissioner Geile moved to approve the
consent. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER CERTIFYING THE NEED FOR THE PROVISION OF HEALTH CARE SERVICES IN VARIOUS
LOCATIONS WITHIN WELD COUNTY: Mr. Barker stated the Internal Revenue Service requires that the
local entity certify the need for health care services in Eaton,Colorado,thereby providing a facility located
at 900 Cherry, Eaton, Colorado a property tax exemption classification. Commissioner Long moved to
approve the certification. The motion,which was seconded by Commissioner Jerke,carried unanimously.
CONSIDER FINAL READING OF CODE ORDINANCE#2004-7, IN THE MATTER OF THE ADDITION OF
ARTICLE VI, PROHIBITION OF SOLICITATIONS IN OR NEAR A PUBLICLY MAINTAINED STREET,
ROAD, OR HIGHWAY, TO CHAPTER 17, PUBLIC PLACES, OF THE WELD COUNTY CODE:
Commissioner Long moved to read the ordinance by title only. Commissioner Geile seconded the motion,
which carried unanimously. Mr. Barker read the title into the record. He stated there have been no
proposed changes since Second Reading and recommended approval. He added that Ordinance#2004-7
is patterned after a similar ordinance adopted by Aurora,Colorado,which was upheld by the Supreme Court
in 1995. Mr. Barker explained that the government's main concern is with public safety on traveled streets.
Commissioner Long stated the Sheriffs Office is working on increasing awareness of available alternative
services to the soliciting populace. Commissioner Long moved to approve final reading of Code Ordinance
#2004-7. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER ACCEPTANCE OF ABSTRACT OF ASSESSMENT FOR 2004ANDAUTHORIZE CHAIR TO
SIGN: Mr. Warden stated this is the preliminary certification for the 2004 assessed property values/fees
for the 2005 budgets. He stated the$2,989,000,000 budget represents an increase of 20.5 percent and the
bulk of that figure is in oil and gas with new construction up 5.58 percent. Commissioner Geile moved to
approve the acceptance of abstract. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
Minutes, August 25, 2004 2004-2563
Page 3 BC0016
PLANNING:
CONSIDER REQUEST TO VACATE A PORTION OF CHANGE OF ZONE#437 FOR THE BAY SHORE
PLANNED UNIT DEVELOPMENT - LIFEBRIDGE CHRISTIAN CHURCH: Kim Ogle, Department of
Planning Services,described the location of the requested vacation. He explained that the applicant is not
asking to vacate the Bay Shore Planned Unit Development(PUD) but asking to vacate their participation
in the Bay Shore PUD. Lee Morrison, Assistant County Attorney, stated there is a portion of Change of
Zone#437 that overlaps with the LifeBridge Change of zone; and this vacation addresses that portion.
Commissioner Jerke moved to approve the request. The motion,which was seconded by Commissioner
Geile, carried unanimously. There was no public comment.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Final Reading of Ordinance#2004-7 was 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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
6i .;°,, Robert D. Masden, Chair
erj to the Board
William H. J ce, Pro-Tem
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-Cler . t e Board
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David E. Long
EXCUSED
Glenn Vaad
Minutes, August 25, 2004 2004-2563
Page 4 BC0016
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