HomeMy WebLinkAbout20033236 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 24, 2003
TAPE #2003-45 & #2003-46
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 24, 2003, 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 David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of November 19, 2003, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on November 18, 2003, as follows: 1) Violation Hearings; and hearings conducted on
November 19, 2003, as follows: 1) Show Cause Hearing for Use by Special Review Permit #654,
Permagreen Products Company, do Roxy Vendena; 2) A Site Specific Development Plan and Use by
Special Review Permit#1435,Hall-Irwin Corporation;and 3)Change of Zone#1027,Farfrumwurkin,LLLP,
do Jon File. Commissioner Geile seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input; however, responding to Commissioner Geile, Michelle
Davidson,a UNC student,explained students in her Environmental Studies Class were directed to attend
local government meetings and they will be writing a reaction paper on their impressions.
2003-3236
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $606,150.64
Electronic Transfers - All Funds $2,625,533.79
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR 2004 DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Kim Fliethman,Sheriff's Office,stated the grant will be used to provide an
Automated Fingerprint Identification System(AFIS)station,which will allow them to process partial prints
through the database at the Colorado Bureau of Investigation. Mr. Fliethman stated staff has been using
the system for three and a half years,but they utilized the machines at the City of Fort Collins. Responding
to Commissioner Jerke, Mr. Fliethman stated our share will be paid from the Drug Force Task Fund.
(Changed to Tape#03-46.) Commissioner Geile moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR WAGNER PEYSER UI RE-
EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human
Services,stated this request will provide unemployment claimants job readiness services to accelerate their
rapid return to the labor force, and the term of the agreement is August 1, 2003, through June 30, 2004.
Commissioner Geile moved to approve said request and authorize the Chair to sign. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INVESTMENT ACT OLDER
WORKER PROGRAM AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN SER: Mr. Speckman
stated this is an agreement to coordinate with Rocky Mountain SER's Older Worker Program to ensure the
effective and efficient delivery of workforce development services in Weld County. Commissioner Jerke
moved to approve said memorandum of understanding and authorize the Chair to sign. The motion,which
was seconded by Commissioner Geile, carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY,APPROVE CONTRACT
TO AUCTION WITH RITCHIE BROS.AUCTIONEERS(AMERICA), INC.,AND AUTHORIZE CHAIR TO
SIGN: Mr. Warden stated this is the standard contract for an auction to be held December 16, 2003, for
surplus equipment from the Department of Public Works. Responding to Commissioner Jerke, he
explained the recent auction in Loveland included consumer-type items and civilian vehicles. Mr.Warden
stated, historically, better prices are obtained when heavy equipment items are auctioned separately.
Commissioner Geile moved to declare said equipment as surplus property,approve the contract to auction,
and authorize the Chair to sign. Commissioner Jerke secnded the motion, which carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT,USR#1402-ARNHEIM,LLC: Chris Gathman,
Department of Planning Services, stated a Performance Bond was received for collateral for this
agreement, and staff feels the amount is sufficient to complete the work, therefore, he recommends
approval. Don Carroll, Department of Public Works,stated he visited the site on October 10,2003,at which
time several items were added to the agreement. He stated those items are included in this draft of the
Minutes, November 24, 2003 2003-3236
Page 2 BC0016
agreement, and $57,750 is adequate to cover all items. Commissioner Geile moved to approve said
improvements agreement,authorize the Chair to sign,and accept the collateral for Use by Special Review
Permit#1402 for Arnheim, LLC. Commissioner Jerke seconded the motion,which carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER RECORDED EXEMPTION #3522 - RONALD AND MARY GRAHAM (CON'T FROM
10/22/2003): Char Long explained to the applicant that,with only three Commissioners present,he would
have to have a unanimous decision for approval to be granted. Ronald Graham,applicant,stated he would
like to proceed with this matter. Michelle Katyryniuk, Department of Planning Services, stated this is a
Recorded Exemption being done in conjunction with a Subdivision Exemption, in order to separate one
accessory dwelling with its associated outbuildings from the Recorded Exemption. She stated the applicant
has agreed to place one home on Lot B of Recorded Exemption#3522,and has submitted a receipt stating
he has purchased two additional water taps so that each parcel of land will have a separate water supply.
Ms.Katyryniuk stated that,if approved,staff recommends#3.J.7 be deleted,and that an additional Condition
of Approval be added prior to recording the plat to state,"The applicant shall submit a change in use Building
Permit from an accessory building to residential for the structure located 320 feet east of Weld County
Road 19." Responding to Commissioner Geile, Ms. Katyryniuk stated the Subdivision Exemption is for a
one-acre parcel,and the Recorded Exemption is for 1.4 and 2.8 acres. Ron Graham,applicant,stated he
is trying to protect Ed Cavalier,as discussed at the meeting on October 22, 2003, and has been willing to
invest in water taps. He stated Mr.Cavalier will reside on the Subdivision Exemption lot,and the residential
dwelling on proposed Lot B will be changed into an office. Responding to Commissioner Geile, Bruce
Barker, County Attorney, stated a Home Occupation would be permissible; however, Sheri Lockman,
Department of Planning Services,stated the applicant may have to go through the Use by Special Review
Permit process to allow a Home Occupation where there is no principal dwelling. Responding to
Commissioner Jerke,Mr.Graham stated he has granted an easement through LotAforthe benefit of Lot B.
Mr.Graham further stated he plans to file a Lot Line Adjustment in the future to realign the lots and allow for
an office he and his wife would use. Responding to Commissioner Jerke,Mr.Graham stated the water line
would run down the easement,and he does plan to sell the lot in the future. Responding to Commissioner
Geile, Mr. Barker stated that the home currently may be used as a residence, and that is what is under
consideration at this time. He stated if changes are desired in the future, the applicant will have to
determine his options at that time. Responding to Chair Long, Mr. Graham stated he agrees with the
Conditions of Approval as amended. Commissioner Jerke moved to approve Recorded Exemption#3522
for Ronald and Mary Graham,with the Conditions of Approval as proposed by staff, deleting#3.J.7, and
adding #3.K. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER SUBDIVISION EXEMPTION #969 - RONALD AND MARY GRAHAM (CON'T FROM
10/22/2003): Ms. Katyryniuk stated the parcel will have one home,and evidence has been presented that
the applicant purchased a separate water tap. Mr.Graham stated he agrees with the Conditions of Approval
as presented. Commissioner Geile moved to approve Subdivision Exemption#969 for Ronald and Mary
Graham,with the Conditions of Approval as proposed by staff. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#878-
DANIEL OCHSNER AND BARRY PAYANT(CON'T FROM 11/10/2003): Mr.Barker asked the Chair to call
up all four items for Daniel Ochsner. Jackie Johnson, attorney for the applicant, stated with only three
present, Mr. Ochsner would like to continue this matter. Commissioner Geile moved to continue all four
items to January 12, 2004, at 9:00 a.m. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER ZONING PERMIT FORA MOBILE ROME,ZPMR#2385-DANIEL OCHSNER (CON'T FROM
11/10/2003): See previous item.
Minutes, November 24, 2003 2003-3236
Page 3 BC0016
CONSIDER RECORDED EXEMPTION #3502 - DANIEL OCHSNER (CON'T FROM 11/10/2003): See
previous item.
CONSIDER ZONING PERMIT FORA MOBILE HOME,ZPMH#575-DANIEL OCHSNER (CON'T FROM
11/10/2003): See previous item.
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 9:50 a.m.
BOA OF COUNTY COMMISSIONERS
WEL O71/4411, COLORA9O
ATTEST: i0 , 4�i '".;� llda
'r David E. Long, Chair
Weld County Clerk to t ¢. d•.
EXCUSED
Robert D. Ma en, Pro-Tem
BY:
,' A,j,
Deputy Clerk to the Bork "
k I kb
William H. Jerke
EXCUSED
Glenn Vaad
Minutes, November 24, 2003 2003-3236
Page 4 BC0016
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