HomeMy WebLinkAbout20042047.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 19, 2004
TAPE #2004-30
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, July 19, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of July 14,2004,as printed. Commissioner Geile seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on July 13, 2004, as follows: 1)Violation Hearings; and hearings conducted on July 14, 2004:
1) USR#1465, Donald Wroblewski,c/o Joe and Tammy Wroblewski ; and 2)COZ,#1032, UIV Land, LLC,
c/o Nolan Ulmer. 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 Geile moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
2004-2047
BC0016
de-O6-O 5/
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $753,275.84
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACT FOR POTHOLING SERVICES FOR WCR 47 BETWEEN WCR 50 AND WCR
54 AND AUTHORIZE CHAIR TO SIGN-COLORADO BORING COMPANY: Frank Hempen,Jr., Director
of Public Works, stated this is for the Weld County Road 47 project, between Weld County Roads 50 and
54. He stated it will allow for an accurate location of utilities for the project area, and he recommended
approval. Responding to Commissioner Jerke, Mr. Hempen explained the company will dig holes at a
particular location to find the depth of utility lines, Commissioner Geile moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AT GRADE CROSSING AGREEMENT(WITH WARNING SIGNALS)AND AUTHORIZE CHAIR
TO SIGN-THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY: Mr. Hempen stated
this agreement is to install a signalized railroad crossing at Weld County Road 51. He stated Burlington
Northern's current cost estimate is $145,971.00; however, Calpine has agreed to pay up to $169,000
towards the improvement. Mr. Hempen stated per the agreement, if someone who is not insured hits and
damages the signals,the County and railroad will share the cost of repairs. He stated they will also share
the cost if it is damaged through an Act of God. He recommended approval. Responding to Commissioner
Geile, Mr. Hempen sTated this appears to be a new policy all railroads are requiring of local entities. Mr.
Hempen stated if someone were to damage the signal arm, the cost would probably not exceed $5,000,
because the real costs are in repairing the main standards and electrical boxes. Commissioner Geile
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
CONSIDER CHANGE ORDERS#1 AND#2 FOR BRIDGE#13/26A PROJECT AND AUTHORIZE CHAIR
TO SIGN - ZAK DIRT, INC.: Mr. Hempen stated Change Order#1 includes a total $3,221.91, including
approximately one-half that amount for unanticipated debris found at the site during drilling of the bridge
caissons. He stated Change Order#2 is the final change order,which adjusts the over runs and under runs
from the original contract amount. He stated the total adjustment is $6,521.80, which is less than a one
percent change over budget. Responding to Commissioner Jerke, Mr. Hempen advised the Board that we
should pay the over run because staff inadvertently included the wrong set of Davis-Bacon sheets when
the project was bid,therefore the difference was our mistake. Commissioner Jerke moved to approve said
change orders and authorize the Chair to sign. The motion,which was seconded by Commissioner Celle,
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 64.5 BETWEEN WCR 57 AND 6TH STREET: Mr.
Hempen stated this closure is necessary to replace a culvert. He stated the road will be open on July 20,
2004. Commissioner Geile moved to approve said temporary closure. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 47 AND
AUTHORIZE CHAIR TO SIGN-THEODORE FRYZEK: Mr. Hempen stated the cost is$500,and the County
would also be responsible for relocating a fence back to the right-of-way line. Commissioner Geile moved
to approve said Temporary Construction Easement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, July 19, 2004 2004-2047
Page 2 BC0016
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES WITHIN ARISTOCRAT RANCHETTES
SUBDIVISION: Mr. Hempen requested this matter be continued to August 18, 2004,to allow time to notify
residents of the action being considered. He stated he recently sent out letters to individuals in the
subdivision, and would like to allow 30 days for input. Commissioner Geile moved to approve said
continuation to August 18, 2004, at 9:00 a.m. Commissioner Jerke seconded the motion, which carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-STANLEYAND NANCY FLIPPIN:
Don Carroll, Department of Public Works, stated this request is associated with Recorded Exemption
#3781. He stated it is regarding Weld County Road 40 east on the section line of Weld County Road 47
for approximately 1,760 feet to Lot A. Mr.Carroll stated there is 60 feet of right-of-way between the sections,
and the adjacent property owner on south had no input. Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign, The motion was seconded by Commissioner Geile, and it
carried unanimously.
CONSIDER VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN:
Gary Rathke, District Attorney's Office,stated this relates to the 2004 Victims of Crime Act Grant which was
previously discussed. He stated after a site visit by Federal officials, they requested clarification about
terms of the agreement,which are included in this request. Responding to Commissioner Geile, Mr. Rathke
stated this is a direct result of the audit,and only amounts to paper shoveling; there are no new conditions
to the grant. Commissioner Geile moved to approve said grant and authorize the Chair to sign. Seconded
by Commissioner Jerke, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR VACATION OF USE BY SPECIAL REVIEW PERMIT #891 - MICHAEL
ARRINGTON: Michelle Martin, Department of Planning Services, stated the use is no longer being
performed on the property and vacation is a Condition of Approval for Use By Special Review#1454.
Responding to Commissioner Jerke, Ms. Martin stated this vacation will be recorded before the new Use
By Special Review Plat is recorded. Commissioner Jerke moved to vacate Use by Special Review Permit
#891 for Michael Arrington. Commissioner Geile seconded the motion, which carried unanimously.
Chair Masden adjourned the meeting,to convene the 9:00 a.m. Hearing to Consider Whether Good Cause
Exists to refuse to renew the Hotel and Restaurant Liquor License - RJML, LLC, dba La Maravilla
Restaurant. Bruce Barker called up both remaining items of business to be considered during the hearing.
OLD BUSINESS (TO BE HEARD AFTER 9:00 HEARING):
CONSIDER COMPLIANCE WITH CONDITION F OF RESOLUTION DATED APRIL 9, 2003-RJML, LLC,
DBA LA MARAVILLA RESTAURANT(CON'T FROM 04/12/04): See Hearing Certification referenced above.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN-RJML, LLC, DBA LA MARAVILLA(CON'T FROM 04/12/04): See Hearing
Certification referenced above.
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, July 19, 2004 2004-2047
Page 3 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
L / WELD COUNTY, COLORADO
1 MAL EXCUSED DATE OF APPROVAL
1861 p Robert D. Masden, Chair
AL I
tadjC an Cf=rk to the Board
®rM William H. erke, Pro-Tem
�` .uy Clerk to h- Board
—� . J. ei e
EXCUSED
David E. Long
EXCUSED
Glenn Vaad
Minutes, July 19, 2004 2004-2047
Page 4 BC0016
Hello