HomeMy WebLinkAbout20030128.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 8, 2003
TAPE #2003-01
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 8, 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
Commissioner M. J. Geile
Commissioner William H. Jerke
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of January 6, 2003, as printed. Commissioner Vaad seconded the motion, and it 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 Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $905,649.41
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2003-0128
BC0016
BIDS:
PRESENTANDAPPROVE CABLING FOR ISLAND GROVE OUTPATIENT TREATMENT BUILDING BID
- DEPARTMENT OF FINANCE: Mr. Warden presented the seven bids received and stated staff
recommends approval of the low bid from RC Telecom, Inc., in the amount of$15,030.74, which will be
reimbursed to the County with Community Development Block Grant funds for the Island Grove Center.
In response to Chair Long, Mr. Warden stated this will need to be approved on an emergency basis
because the cabling for phones and computers needs to be pulled in prior to staging the construction of
the building. Commissioner Vaad moved to approve said bid on an emergency basis. Commissioner
Jerke seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER 2003 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF GREELEYAND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES
(CON'T FROM 12/23/02): Mr. Warden stated following a work session with the City of Greeley regarding
maintenance costs,staff is still recommending approval of a Resolution to budget$348,555, plus$25,445
for capital improvements for the Exhibition Building. In response to Commissioner Masden, Mr. Warden
stated there is no money budgeted for an air-conditioning system by the County or the City. Commissioner
Vaad moved to approve said Resolution. Commissioner Masden seconded the motion, which carried
unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES(SCHEDULE#R0911101)-GRANT
BROTHERS, C/O WALLACE GRANT: Michael Sampson,Assessor's Office, stated this and the following
two items are for parcels which are currently being farmed. He stated the valuation was adjusted for 2002
during the appeal process, and after providing lease agreements for 2001, staff recommends approval of
the agricultural classification versus a commercial business park. Commissioner Vaad moved to approve
said petition. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES(SCHEDULE#R0911201)-GRANT
BROTHERS, C/O WALLACE GRANT: Based on previous discussion, Commissioner Masden moved to
approve said petition. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (SCHEDULE#R8574000)-GRANT
BROTHERS, C/O WALLACE GRANT: Based on the previous discussion, Commissioner Jerke moved to
approve said petition. The motion was seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 47 AND AUTHORIZE CHAIR TO SIGN -WAYNE HARSH: Don Carroll, Department
of Public Works, stated a Recorded Exemption land split resulted in a land locked parcel. He gave a brief
description of the surrounding uses, and stated under this agreement, Wayne Harsh will upgrade and
maintain 30 feet of County right-of-way for one mile located along the west side of the section line between
Sections 26 and 25, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, as well
as 30 feet for one-half mile along the south side of Section 26 east of Weld County Road 47. He stated
the adjacent property owners have signed a petition in favor of this agreement. In response to
Commissioner Jerke, Mr. Carroll stated the County only has 30 feet of right-of-way along the west side of
said Section line, and any development to the east would be required to dedicate 30 feet of right-of-way
to complete a full 60 feet for a standard County road width. He further stated this agreement does stipulate
that Mr. Harsh must determine the exact location of the section line with assistance from a licensed
surveyor. Responding to Commissioner Long, Mr. Barker stated staff can inspect the project to ensure
the fence is properly located outside the right-of-way. Commissioner Geile moved to approve said
Minutes, January 8, 2003 2003-0128
Page 2 BC0016
agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 10 AND AUTHORIZE CHAIR TO SIGN - ROBERT MARTIN: Mr. Carroll stated this
request is a result of Amended Recorded Exemption #502. He stated the existing residence has a
794-foot access along the section line where Weld County Road 10 would be extended to the east if it
existed. He stated under this agreement Mr. Martin will be responsible for the upgrade and maintenance
of the access and it will not be part of the County road system. He further stated the applicant has
provided evidence of approval from the surrounding property owners. Commissioner Masden moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
CONSIDER LICENSE AGREEMENT FOR CONSTRUCTION OF PEDESTRIAN BRIDGE CROSSING
AND SIDEWALK AND AUTHORIZE CHAIR TO SIGN-LAST CHANCE DITCH COMPANY: Bruce Barker,
County Attorney, stated under this agreement the Department of Planning Services will pay the $1,000
license fee. In response to Commissioner Jerke, Kim Ogle, Department of Planning Services, stated this
bridge will cross the Last Chance Ditch just east of the Southwest Weld County Administration Building,
then go through the existing County gravel pit and connect with the Barbour Ponds. Commissioner Vaad
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER CONSENT TO ENFORCEMENT BY THE PLATTEVILLE/GILCREST FIRE PROTECTION
DISTRICT OF THE 1997 UNIFORM FIRE CODE AND STANDARDS, WITH AMENDMENTS, WITHIN
THE DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated this is the
standard request from a Fire Protection District to provide enforcement within their unincorporated portions
of their District. He stated the Towns of Platteville and Gilcrest have both approved the 1997 Uniform Fire
Code, with amendments. He stated the Fire Protection District also adopted this code, following the
appropriate notification and public meetings. In response to Commissioner Geile, Mr. Barker stated the
amendments are very similar to the other versions previously adopted by the Board. Wes Scott, Chief of
Platteville/Gilcrest Fire Protection District, stated both Town Councils have reviewed and approved the
1997 Uniform Fire Code, and the Fire Protection District has agreements with both towns and Custom
Inspection Agency (CIA), which does the plan reviews for both municipalities. In response to
Commissioner Jerke, Mr. Scott stated they intend to use the Code is a guideline; however, there has to
be flexibility due to the amount of area and diversity in the area. He stated they will use the Code to ensure
safe growth and maintenance in the area, and they will meet with the future developers to discuss the fire
safety measures and work out the details before it comes to the Board for consideration. Commissioner
Geile moved to consent to the enforcement of the 1997 Uniform Fire Code, with amendments, in the
unincorporated portions of the Platteville/Gilcrest Fire Protection District. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
CONSIDER APPOINTMENT TO WELD COUNTY RETIREMENT BOARD: Commissioner Vaad moved
to appoint of Tony Molocznik to the Weld County Retirement Board, with a term expiring July 31, 2003.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER REAPPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Jerke moved to reappoint Wes Scott and Tom Davis to the Regional Communications
Advisory Board,with terms expiring December 31,2005. Commissioner Vaad seconded the motion,which
carried unanimously.
Minutes, January 8, 2003 2003-0128
Page 3 BC0016
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO UNIFORM BUILDING CODE BOARD OF
APPEALS: Commissioner Masden moved to appoint Larry Jorgensen and reappoint James Fassler and
Bill Delap to the Uniform Building Code Board of Appeals, with terms expiring December 31, 2005.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: DECLARE INTENT OF THE BOARD TO CREATE A LOCAL
IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS WELD COUNTY
CHAMBERS TRACTS SUBDIVISION LOCAL IMPROVEMENT DISTRICT#2003-1,ADOPTING DETAILS
AND SPECIFICATIONS THEREFORE, ORDERING THE PUBLICATION AND MAILING NOTICES OF
HEARING TO THE OWNERS OF PROPERTY IN SAID DISTRICT: Mr. Warden stated Weld County has
been working to obtain Community Development Block Grant (CDBG) funds to assist in connecting the
residences within the Chambers Subdivision to the City of Brighton water and sewer services. He stated
they have been awarded $300,000 to cover the cost of tap fees and connections to the homes. He further
stated there is an Energy Impact Grant, in the amount of$100,000 to cover the installation of water and
sewer lines, which will eventually be paid back by the 18 property owners involved in this Local
Improvement District. He stated following an engineering review, it was determined that a lift station will
be required, at a cost of$38,500, which will be covered by additional grant money form the State. Mr.
Warden stated all of the financing is in place, the bid has been awarded to Levi Constructors, and the
Department of Public Works will do the curb, gutter, and paving work to be supervised by the City of
Brighton. Lee Morrison, Assistant County Attorney, stated if this matter is approved, a formal notice will
be sent to the potential residents of the Local Improvement District for a final hearing regarding this matter.
He stated once the work is performed and assessed to the properties, there will be a final hearing with an
opportunity to appeal if they are not satisfied or feel they do not benefit from the improvements. He stated
this type of action typically requires a vote on the ballot; however, it is likely the work will already be
completed by then. Mr. Morrison stated the residents can pay on an annual basis or in a lump amount,
and the amortization schedule will be available for review. He clarified the Resolution and Notice specify
that this only deals with the construction of the water and sewer lines and lift station within the road right-of-
way, and it does not cover the individual taps,which will be funded by other means. He further stated the
maintenance and future repair will need to be negotiated between the property owners and the City of
Brighton. Mr. Morrison stated the amount is capped at$100,000, and the individual cost will be$5,555.55.
Mr. Warden stated paragraph D needs to be amended to reflect 20 installments at an interest rate of five
percent for consistency. Chair Vaad commended Commissioner Masden for his efforts in bringing this
project to completion, and he added it may be more appropriate to have the residents sign a waiver of the
ballot issue since the work will be done prior to an election. Mr. Morrison stated all of the residents signed
a petition requesting this action,with the exception of one who was out of town. He stated they can obtain
a letter of support from that particular resident to assure all have received adequate notice and willingly
gave their consent to this assessment. Mr. Warden stated there is also a 30-day period to protest after
they receive a notice of assessment when a lien is placed on the various properties, and the matter will
also be published in the legal newspaper. Commissioner Jerke commented the ballot issue is a gray area
of legislation and he suggested the matter be discussed with CCI to provide an alternate election time for
Local Improvement Districts. He further suggested creating a binding contract to determine the financial
obligations of the property owners and the County. Mr. Morrison stated this is more of a Constitutional
issue so courts are not bound by legislature and it is an assessment not a tax. Responding to
Commissioner Masden, Mr. Morrison stated item#1 of the notice form in the Resolution will be corrected
to reflect the water lines are 1,610 linear feet. Commissioner Masden moved to approve said Resolution.
Commissioner Jerke seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, January 8, 2003 2003-0128
Page 4 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 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, January 8, 2003 2003-0128
Page 5 BC0016
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