HomeMy WebLinkAbout20031227.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 14, 2003
TAPE #2003-17
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, May 14, 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, 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 May 12, 2003, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Long deleted Planning Item #3, "Consider Partial Vacation of 2nd
Amended Use by Special Review#369-Weld County",and added New Business Item#6,"Consider Water
Lease Agreement and authorize Chair to sign - City of Lafayette".
CONSENT AGENDA: Commissioner Masden 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.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $290,075.96
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2003-1227
BC0016
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
OLD BUSINESS:
CONSIDER RESOLUTION RE: CLOSURE OF A PORTION OF THE RIGHT-OF-WAY FOR WCRS 23
AND 62.25 TO PUBLIC ACCESS, EXCEPTING ACCESS BY EMERGENCY AND MAINTENANCE
VEHICLES (CON'T FROM 04/30/03): Bruce Barker, County Attorney, stated this item was continued for
the purpose of giving notice to adjacent landowners, specifically to Nancy Likarish and Eastman Kodak
Company. He stated this action allows landowners to gate the road to stop other vehicles from traveling
on the roadway. Harold Long, adjacent landowner, stated his only concern is that the map shows 50 feet
of right-of-way; however, the gate would have to be placed by the power pole which is closer to the Trail.
Mr. Barker stated the Trail Committee has been notified there will be a gate placed at this location, and
there is enough flexibility to allow the landowner to determine the exact placement. Responding to
Commissioner Vaad regarding placement, Mr. Barker stated there would be a gate as shown at Weld
County Road 23, and one near the power pole at Weld County Road 62.25, which is adjacent to the Trail
to keep people from going in the opposite direction. Commissioner Vaad moved to approve the draft
resolution, as printed. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER FOUR PETITIONS TO THE TOWN OF LOCHBUIE FOR ANNEXATION OF PORTIONS OF
WCR 39, BETWEEN 1-76 AND WCR 6 AND AUTHORIZE CHAIR TO SIGN (CON'T FROM 04/30/03): Mr.
Barker stated a work session was held with Town of Lochbuie representatives, and Dale Brockmeier will
draft revised petitions for him to review. He has asked for a continuance to May 28, 2003, to allow time
to draft the petitions. Commissioner Jerke moved to continue this matter to May 28, 2003, at 9:00 a.m.
Seconded by Commissioner Vaad, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER FOR TOBACCO EDUCATION AND PREVENTION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Department of Public Health and
Environment, stated the State utilized a competitive process this year for the tobacco grant, and Weld
County has received $99,969. Dr. Wallace stated the source of the funds is the Master Settlement
Agreement with certain tobacco companies, and he indicated the County will downsize its program,
however,the major components of the grant will be continued. Dr. Wallace stated the term is July 1, 2003,
through June 30, 2004. Responding to Commissioner Masden, Dr. Wallace, said the goals are to reduce
use by youth, reduce exposure to environmental tobacco smoke, and cessation of tobacco use among
youth and adults. Commissioner Geile moved to approve said task order and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 15 BETWEEN WCRS 72 AND 74, AND WCR 72
BETWEEN WCRS 45 AND 47: Frank Hempen, Jr., Director of Public Works, stated Weld County Road 15
is a continuation of the capital improvement project in that area, and the road is scheduled to be opened
July 4, 2003. He stated Weld County Road 72 was an emergency closure on May 8, 2003, due to a fire
necessitating repair to a bridge. Mr. Hempen indicated the ditch company will pay for the repairs, and he
indicated the road is being opened today. Commissioner Jerke moved to approve said closures. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR WELD COUNTY FOOD
BANK AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this is the formal contract for the Weld
County Food Bank Grant. He stated the County was successful in obtaining grant funds for the purchase
and installation of freezer and cooler equipment for the Food Bank. Commissioner Geile moved to approve
said contract and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously. Responding to Commissioners Jerke and Masden, Mr. Warden stated Community
Minutes, May 14, 2003 2003-1227
Page 2 BC0016
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Development Block Grant Funds are federally derived dollars, passed through the State, and this is the
third grant received by Weld County this year.
CONSIDER LETTER AGREEMENT FOR THE LEASE OF TWO-THIRDS SHARE OF LUPTON BOTTOMS
DITCH RIGHTS AND AUTHORIZE CHAIR TO SIGN - CORKY CANTRELL: Lee Morrison, Assistant
County Attorney, stated the County had a similar agreement last year with three landowners. He said the
lease will cover the County's cost and be of benefit by allowing the County to continue to show use of the
water. In addition, Mr. Cantrell will provide information on the amount of water used, acreage, and crops
irrigated, which will benefit the County in future water court decisions. Commissioner Vaad moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion
carried unanimously.
CONSIDER SOFTWARE LICENSE, DELIVERY AND SERVICE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN -GENESIS MICROSYSTEMS, INC.: Mr. Barker stated this agreement from Affiliated Computer
Services is for data management services at the Department of Public Health and Environment.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER WATER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -CITY OF LAFAYETTE:
Mr. Morrison stated this lease is for 16 acre-feet of fully consumable return flows that the County is leasing
from Lafayette, which they will deliver to Coal Creek. He stated the emergency nature of the Resolution
is because the call on the river is going to change, and the County has an obligation on the river that needs
to be met. Responding to Commissioners Vaad and Jerke, Mr. Morrison stated the City has the right to
consume the water to extinction, and this lease is in connection with the gravel pits on the Poudre and the
Platte Rivers. He also stated the water is most likely effluent, although not necessarily. Commissioner
Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Geile, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FROM GREAT WESTERN RAILWAY COMPANY OF COLORADO, LLC, TO
PRE-ADVERTISE CHANGE OF ZONE#1040: Monica Mika, Director of Planning Services, stated staff is
not in opposition to the request for pre-advertisement. She stated the case is scheduled for a Planning
Commission Hearing on June 3, 2003, and a Board of County Commissioner hearing date of June 18,
2003, is being requested. Commissioner Vaad moved to approve said request. The motion, which was
seconded by Commissioner Masden, carried unanimously.
CONSIDER TWO IMPROVEMENTS AGREEMENTS ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE AND PUBLIC ROAD
MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAT, PF #568, SUMMIT AT MOUNTAIN VIEW - DNS DEVELOPMENT, LLC:
Sheri Lockman, Department of Planning Services, presented two agreements with corresponding collateral,
and stated landscaping for an exterior trail, is included. Don Carroll, Department of Public Works, stated
this is similar to The Peaks at Mountain View and there will be two minor roads connecting within the
subdivision. Also included is a dust abatement plan to accommodate construction traffic, and the standard
agreement for on-site improvements. Commissioner Jerke moved to approve said agreements, authorize
the Chair to sign, and accept collateral as discussed. The motion, which was seconded by Commissioner
Geile, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, May 14, 2003 2003-1227
Page 3 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 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
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Minutes, May 14, 2003 2003-1227
Page 4 BC0016
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