HomeMy WebLinkAbout20031286.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 19, 2003
TAPE #2003-19
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 19, 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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 14, 2003, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on May 13, 2003: 1) Violation hearings; and hearings conducted on May 14, 2003: 1) A Site
Specific Development Plan and Use by Special Review Permit#1420, Angela Conner and Raeann Smith;
2) A Site Specific Development Plan and Use by Special Review Permit #1421, Corrine Lewis; and 3)
Change of Zone #1007, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District, Lance and Julee Meiners. Commissioner Jerke 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 Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL PUBLIC WORKS WEEK - MAY 18-24, 2003: Chair Long read the certificate recognizing
National Public Works Week. Frank Hempen, Jr. accepted the certificate for the Department of Public
Works and stated the Department of Public Works is one of the major representatives of County
government because of its exposure to, and interaction of, members of the public. He commended his staff
for the manner in which they conduct themselves. Commissioner Vaad stated he has experienced a
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number of other Public Works departments through his former employment, and he is greatly appreciative
of Weld County Public Works staffs' responsiveness to individual concerns. Commissioner Geile stated
they are a very professional group of people who work hard at maintaining the assets of Weld County,while
at the same time presenting an image that compliments Weld County government. Commissioner Masden
stated, through his coordination of the department, he frequently hears good reports on staff.
Commissioner Jerke stated he is pleased with the response of staff to individuals and Chair Long agreed
with the comments made.
MEMORIAL DAY - MAY 26, 2003: Chair Long read the certificate recognizing Memorial Day, and stated
Commissioner Geile will attend the ceremonies at Sunset and Linn Grove Cemetery on Monday.
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 $1,107,117.63
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER COLORADO WOMEN'S CANCER CONTROL INITIATIVE GRANT RENEWAL APPLICATION
AND AUTHORIZE CHAIR TO SIGN: Gaye Akin, Department of Public Health and Environment,stated this
is a one-year contract which runs from July 1, 2003 through June 30, 2004. Commissioner Geile moved
to approve said application and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER AGREEMENT FOR TRANSFER OF RIGHT-OF-WAY FOR 11TH AVENUE SOUTH OF "H"
STREET AND AUTHORIZE CHAIR TO SIGN-CITY OF GREELEY: Bruce Barker,County Attorney,stated
the property is needed by the City of Greeley for the expansion of 11th Avenue just north of the bridge.
Exhibit A describes the site specifically; however, the general description is the west side of the current
location of 11th Avenue, to allow both the north and south borders of the street to align. Mr. Barker stated
the widest portion of the parcel is approximately 38 feet, and the narrowest is approximately 29 feet in
width. Mr. Barker also stated the next item is the Quit Claim Deed for this portion of right-of-way, and
recommended approval. Responding to Commissioner Masden, Mr. Barker stated the City is paving four
lanes and sidewalks and gutters. Mr. Warden stated the County left this portion unfinished when
constructing the Business Park,with the understanding that when the City was working on this project,they
would finish it and the retention pond will be drained with pipe down to the river. Commissioner Masden
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR 11TH AVENUE SOUTH OF"H"STREET AND
AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Commissioner Vaad moved to approve said Quit
Claim Deed and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - TOWN OF FREDERICK: Mr. Barker stated this is the standard agreement for
Geographic Data. Commissioner Masden moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Vaad, the motion carried unanimously.
Minutes, May 19, 2003 2003-1286
Page 2 BC0016
RESOLUTION TO APPROVE FORM OF STANDARD LICENSE AGREEMENT FOR GEOGRAPHIC DATA
AND AUTHORIZE CHAIR TO SIGN: Responding to Commissioner Jerke about the previous item, Mr.
Barker stated it would be appropriate for the Board to approve the form of this agreement and authorize
the Chair to sign,allowing future agreements to be listed on the Consent Agenda when being signed rather
than being a separate item of business. Commissioner Vaad so moved, and Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME TO GALETON FIRE DEPARTMENT: Mr. Warden stated historically, the County has attempted
to sell surplus equipment to other Fire Departments if the requested. In this case, the Galeton Fire
Department has offered $8,500 for a surplus ambulance. Dave Bressler, Director of Paramedic Services,
stated Galeton received an anonymous contribution which allows them to make this request.
Commissioner Jerke moved to approve the draft resolution. The motion, which was seconded by
Commissioner Geile, carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE
DONATION OF SAME TO WASHINGTON-YUMA COMBINED COMMUNICATIONS CENTER:Mr.Warden
explained that, with the relocation of the dispatch center later this month, new equipment will be acquired
for the dispatch consoles, and the equipment in this building will be moved to the backup site. He stated
that this move will make equipment currently at the backup site surplus to County needs. Motorola says
the equipment has no value; however,since the Washington-Yuma Combined Communications Center has
the same consoles, the equipment could be used by them for replacement parts. Mr. Warden
recommended donation of the surplus equipment,as stated in the draft Resolution. Commissioner Masden
moved to approve said donation. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER ACCEPTANCE OF DONATION OF LOTS 1 AND 2, BLOCK 25,LEROY'S ADDITION, KEOTA,
COLORADO- E. KENNETH WITNEY: Mr. Warden stated Mr. Witney received this property through a tax
sale and now wishes to donate it to the County. Normally, the County would not accept a donation of
property; however, these are adjacent to the County grader shed. Responding to Commissioners Geile
and Vaad, Mr. Warden stated the lots are 25-foot by 100-foot, and since there has never been a filing
station or similar operation on the site, there should not be a problem with soil contamination.
Commissioner Geile moved to accept said donation. The motion, which was seconded by Commissioner
Jerke, carried unanimously.
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR
JUNE 11, 2003: Commissioner Masden moved to approve said draft resolution. The motion, which was
seconded by Commissioner Geile, carried unanimously.
SECOND READING OF CODE ORDINANCE #2003-5, IN THE MATTER OF ENACTING ARTICLE VIII
OF CHAPTER 8, PUBLIC WORKS, OF THE WELD COUNTY CODE: Commissioner Jerke moved to read
by title only. The motion, which was seconded by Commissioner Vaad, carried unanimously. Mr. Barker
read the title of said Ordinance and stated only the transportation element of the 1-25 Corridor Plan is being
adopted by Weld County. Responding to Commissioner Vaad, Mr. Barker stated notice was published,
and sent to property owners who were impacted. No public testimony was given. Commissioner Vaad
moved to approve Code Ordinance#2003-5 on second reading. Seconded by Commissioner Geile, the
motion carried unanimously.
SECOND READING OF CODE ORDINANCE #2003-6, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 3 PERSONNEL,
CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC WORKS, CHAPTER 9 INFORMATION
SERVICES, AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE:
Minutes, May 19, 2003 2003-1286
Page 3 BC0016
Commissioner Vaad moved to read by title only. The motion, which was seconded by Commissioner
Masden, carried unanimously. Mr. Barker read the title of said Ordinance. Mr. Warden summarized all
the changes being incorporated into this Ordinance. Responding to Commissioner Geile, Mr. Barker stated
Temporary Permits and Dance Hall Licenses will be incorporated in Chapter 12. Responding to
Commissioner Jerke, Mr.Warden explained fees were historically adopted by Resolution; however,a legal
opinion by Judge Robert Lowenbach when he was an Assistant County Attorney, stated fees should be
adopted by Ordinance. Mr. Warden explained the complication is that a lot of the Health fees are not
discretionary, they are set by a grant contract or sliding fee scale, and a Resolution would be the most
efficient way of making necessary changes. He stated the County normally tries to only amend fees at the
end of the year after the budget process to allow public input into any fee changes, but that method does
not work when grants and fluctuating material costs for immunizations are involved. No public testimony
was given. Commissioner Geile moved to approve Code Ordinance #2003-6 on second reading.
Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING:
REQUEST FROM DON AND LISA BUXMAN TO PRE-ADVERTISE MINOR SUBDIVISION FINAL PLAN,
MF#603: Chris Gathman, Department of Planning Services, stated this request is based on a scheduling
issue,with the Planner on vacation during June, necessitating the Planning Commission Hearing to be held
July 1, 2003. Commissioner Jerke moved to approve said request and set the hearing date on July 16,
2003. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW#341 -RJML,
LLC, DBA EL REVENTON NIGHT CLUB,C/O RUBEN RODRIGUEZ: Mr.Gathman stated site investigation
was completed in April, and Don Carroll, Department of Public Works, recommended release of
transportation collateral. Commissioner Jerke directed Planning staff to become more involved in regards
to what is being accomplished concerning the sewer treatment, because if a larger septic system is
required, the applicant will need to tear up the parking area, and will no longer be in compliance with these
issues. Mr. Barker stated by using paper plates, etc., the applicant took the strain off the septic system
and, if a new septic system is required, he has negotiated a lease with the Union Pacific Railroad for the
property east of his parking lot to extend the septic into. Mr. Barker further stated the Building Permit was
a temporary CO, and the facility needs final approval from the State for water, although if a second system
is required, installation would have to be completed within six months. Commissioner Geile concurred with
Commissioner Jerke's concern and stated he would like to continue this matter to allow health department
staff to be here. Commissioner Masden stated he would also like to know where the applicant is with
closing Weld County Road 16, and Commissioner Jerke stated the City of Ft. Lupton should be notified of
any item on the agenda concerning this facility. Commissioner Masden moved to continue this matter to
June 4,2003, at 9:00 a.m. The motion,which was seconded by Commissioner Jerke,carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR IMPROVEMENTS FOR WCR 40.5, AUTHORIZE
CHAIR TO SIGN, AND ACCEPT IRREVOCABLE LETTER OF CREDIT FOR DOVE HAVEN PLANNED
UNIT DEVELOPMENT FINAL PLAN, S#625-HOSKINS CONSTRUCTION, INC., C/O DAVID HOSKINS:
Peter Schei, Department of Public Works stated this appears to be an amendment to a previous road
agreement for Weld County Road 40.5. Carol Harding, Deputy Clerk to the Board, explained David
Hoskins previously had the form of an escrow agreement approved as collateral; however, he now wishes
to use a Letter of Credit, which has been received by the Clerk to the Board's Office. The amendment to
the agreement is necessary because it previously required an escrow agreement and did not allow for a
Letter of Credit. Commissioner Vaad asked Mr. Schei to convey to Mr. Hempen a message to review this
road, between Weld County Roads 3 and 5, since it appears to be closer to paving and the County does
not want to miss an opportunity to get it paved with help from the developments in the area. Mr. Schei
stated Mill Creek Planned Unit Development is currently in final administrative review, and the intent is to
require participation through Improvement Agreements. Commissioner Geile moved to approve said
Minutes, May 19, 2003 2003-1286
Page 4 BC0016
amendment and accept said collateral. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT
IRREVOCABLE LETTER OF CREDIT FOR GARCIA PLANNED UNIT DEVELOPMENT FINAL PLAN, PF
#564 - HACIENDA BUILDERS, C/O FRAN GARCIA: Mr. Gathman stated the Irrevocable Letter of Credit
has been received for the Garcia Planned Unit Development Final Plan, PF#564, and Mr. Schei stated it
is for improvements to Weld County Road 3 at Highway 60, and that the quantities, unit costs, and
estimated costs appear to be adequate to complete the project. Commissioner Vaad moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinances #2003-5 and #2003-6 were approved on second reading.
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 10:15 a.m.
B D OF COUNTY COMMISSIONERS
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Minutes, May 19, 2003 2003-1286
Page 5 BC0016
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