HomeMy WebLinkAbout20030354 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 5, 2003
TAPE #2003-05
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, February 5, 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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of February 3, 2003, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of
Hearings conducted on February 3, 2003, as follows: 1) Hearing to show whether good cause exists
for revocation of Use by Special Review Permit#654 for a Fertilizer Storage, Mixing, Loading, and
Sales Operation, Permagreen Products Company, c/o Roxy Vendena. 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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2003-0354
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $582,492.52
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
BIDS:
PRESENT 3/4-TON FOUR WHEEL DRIVE EXTENDED CAB PICKUP BID - DEPARTMENT OF
PUBLIC WORKS: Pat Persichino, Director of General Services, stated the low bid vendor initially
submitted a bid for the wrong vehicle, therefore, staff is requesting the low bid be rejected.
Commissioner Geile moved to reject this item. Commissioner Jerke seconded the motion, which
carried unanimously. Mr. Persichino stated staff recommends approval of the second low bid from
Garnsey and Wheeler Ford, in the amount of$24,218.74. Commissioner Masden moved to accept the
second low bid, as recommended by staff. Commissioner Geile seconded the motion, which carried
unanimously.
PRESENT ONE-TON CAB AND CHASSIS BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
stated the low vendor, Formby Ford, did not meet specifications and has opted to withdraw its bid.
Commissioner Geile moved to reject said bid. Commissioner Masden seconded the motion, which
carried unanimously. Mr. Persichino stated staff recommends approval of the bid from Garnsey and
Wheeler, in the amount of$26,279.90. In response to Commissioner Jerke, Mr. Persichino stated the
body is not included because the County can use a body from one of the existing trucks that they are
replacing. He further stated the Ford F450 does not meet the gross weight requirement; however, the
F550 does. Commissioner Jerke moved to approve said bid as recommended by staff. Commissioner
Vaad seconded the motion, which carried unanimously.
APPROVE WCR 13 ROADWAY DESIGN PROJECT BID - DEPARTMENT OF PUBLIC WORKS: Mr.
Persichino stated Department of Public Works recommends approval of the low bid from Nolte
Associates, Inc., in the amount of$16,160.00. Commissioner Masden moved to approve said bid as
recommended by staff. Commissioner Jerke seconded the motion. Commissioner Geile commented
there was a significant range in the bid amounts. Commissioner Vaad commented Nolte Associates,
Inc., has done work for the Central Weld County Water District and had already completed the survey
work for this area, which reduced their bid amount. He further stated the higher bids were for more
complete designs that exceed the requirements. There being no further discussion, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER GRANT AGREEMENT FOR MOBIL COMMUNITY HEALTH VAN AND AUTHORIZE
CHAIR TO SIGN - CARING FOR COLORADO FOUNDATION: Mr. Warden stated Northern Colorado
Health Alliance has received a grant, in the amount of$50,000, for a mobile community health van. In
response to Commissioner Geile, Mr. Warden stated the funding will be passed through the County
into the Northern Colorado Health Alliance Trust Fund until the alliance has its own tax identification
number. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER INTERAGENCY GRANT AGREEMENT FOR SHERIFF'S OFFICE TRAFFIC UNIT AND
AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION: Ken
Poncelow, Sheriff's Office, stated this is the third and final agreement for a Traffic Grant which was
received from the State, in the amount of$103,974, with a County contribution of$11,920. In
Minutes, February 5, 2003 2003-0354
Page 2 BC0016
response to Commissioner Geile, Mr. Poncelow stated there are currently four officers and patrol cars,
and this grant will add one more officer and car. He stated they issued approximately 2,000 traffic
tickets last year, and they are also doing well with the "Every Fifteen Minutes" Program. He stated they
have been working very closely with the GIS Division and the Department of Public Works to enter
data which can be downloaded by GIS to generate speed counts and studies which help determine
warrants for making corrections in areas that need it most. In response to Commissioner Jerke, Mr.
Warden stated at this time full funding is still available. Mr. Poncelow stated it is a very effective and
important program. Mr. Warden stated these are Federal funds which are being passed through the
State, so they are not subject to budget cuts. Chair Long commended staff for their efforts and
technical abilities. Commissioner Masden moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
PLANNING:
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT
#1316 FOR OPEN PIT SAND AND GRAVEL MINING IN THE A (AGRICULTURAL) ZONE DISTRICT -
HALL-IRWIN CORPORATION: Chris Gathman, Department of Planning Services, gave a brief
description of the location of the site, which is a total of 38 acres in size. Mr. Gathman gave a brief
chronological summary of the site, and stated a large portion has been annexed to the Town of
Windsor. He stated on January 24, 2003, staff received a complaint stating the applicant was
conducting 24-hour operations and using a non-authorized access. He stated the access point was not
shown on the plat for Use by Special Review Permit#1316. He stated the approved access is from
Weld County Road 13; however, the applicant has received a temporary access permit from the
Colorado Department of Transportation (CDOT) for access to Highway 392. Mr. Gathman stated the
current operation is in violation of Development Standard #16. He explained the applicant is dredging
Windsor Lake and bringing material to an area permitted under Use by Special Review Permit#1316,
and hauling is occurring at night. In response to Commissioner Geile, Mr. Gathman concurred that the
Town of Windsor has annexed approximately 75 percent of the permitted area, and is considering this
an emergency operation. Mr. Barker stated the Board needs to determine whether these two items
constitute an emergency. Commissioner Vaad commented he does not feel there is a violation
because a temporary access permit has been granted by CDOT. Kim Ogle, Department of Planning
Services, stated the applicant also needs to address the issue of dredged material spilling from the
trucks onto the highway. Mr. Barker stated the operator also needs to confirm their willingness to
waive formal notice requirements. Don Carroll, Department of Public Works, stated the temporary
access will need to be removed by May 1, 2003, and they will still have a long-term Maintenance and
Improvements Agreement in place for Weld County Road 13 south of Highway 392.
Julie Chester, Hall-Irwin Corporation, stated they agreed to waive the ten-day notification to expedite
this process. She stated they started this project two years ago, with 70 percent of the site owned by
Windsor, and the remaining 30 percent owned by Lot Holding, LLC. Ms. Chester gave a brief
description of the location of Windsor Lake, also known as Kern Reservoir. She stated they are
working to remove approximately 2.5 million cubic yards of material from the lake, filter, and deposit it
at the Subdivision and gravel pit sites. She further stated Windsor Lake has the first fill right on the
Poudre River and Windsor needs for the additional volume for augmentation, storage, and stormwater
storage. Ms. Chester stated the project will also correct some aesthetic issues for the Town of
Windsor because the water is currently very shallow and creates odors. She stated they have received
$3.7 million from the Colorado Water Conservation Board, and the remaining funding amount needs to
go through the legislature. She further stated the Division of Minerals and Geology has approved the
dredging and cleaning, which is considered reclamation, not mining. She further stated the temporary
access was obtained from CDOT in an effort to prevent traffic backing up at the signal on Weld County
Road 13. Ms. Chester stated they also contacted the Corp of Engineers, Division of Wildlife, and
obtained the necessary APEN and Stormwater Discharge Permits. She stated 28 acres remain in
Minutes, February 5, 2003 2003-0354
Page 3 BC0016
Weld County, and it is currently undergoing the annexation process. She stated a portion of the site is
in the floodway; however, they are working on a Letter of Map Revision. Ms. Chester stated they do
not feel this is a violation because the project will be complete by April 15, 2003, to allow the Town of
Windsor to refill the lake, CDOT has jurisdiction over the temporary access permit, this has been
determined as a public project, and there is an emergency due to funding and drought conditions. She
stated they have notified all surrounding property owners, conducted numerous meetings with citizens
of Windsor, published the necessary notices in the local papers, and held monthly meetings since the
start of the project. In response to Commissioner Geile, Ms. Chester stated the annexation petition will
bring the remainder of the Use by Special Review Permit area into the Town of Windsor, as well as two
other parcels. She stated if annexed, the Town will likely grandfather the existing rules and Conditions.
Responding to Commissioner Masden, Ms. Chester stated they are stockpiling dredge material at the
Use by Special Review area, and the hours of operation are primarily during daylight. However, they
do run 20 hours a day, six days a week, for the dredging project. She further stated all processing
operations are done within the Town of Windsor, with dumping and stockpiling done after hours.
Wayne Miller, Mayor for Town of Windsor, stated this project is very important to the town for water
storage and recreation. He stated it has been a long process to obtain the necessary funding,
coordinate resources, and complete the physical work.
No public testimony was offered concerning this matter. Monica Mika, Director of Planning Services,
stated if the Board moves to dismiss this matter, staff requests the opportunity to work with the
applicant to address stockpiling in the floodway and to ensure the operations cease on April 15, 2003,
although the temporary access permit was granted for a longer period of time.
In response to Commissioner Vaad, Ms. Chester stated they will work to ensure the lighting is not
directed toward surrounding properties. She further stated they are obligated to clean the highway,
therefore, they have a street sweeper that cleans any spilt material several times a day.
Commissioner Geile commented there does not appear to be a significant change to the Use by
Special Review Permit activities, although there has been some change in circumstances due to
drought conditions. He stated this project will help meet the needs of the community, and
approximately 75 percent of the site has already been annexed to the Town of Windsor, with a petition
pending on the remaining area. He further stated CDOT has granted a temporary access permit to
address transportation issues on Highway 392, and the extended hours of operation are associated
with funding time lines and first-fill rights off the Poudre River for irrigation. Based on these reasons,
Commissioner Geile moved to dismiss the Probable Cause, and although there has been significant
change, the emergency circumstances warrant some flexibility in the Conditions of Approval. He also
gave direction to staff to work with the operator because he found no Probable Cause to warrant a
Show Cause hearing. 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.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully
submitted by the Acting Clerk to the Board.
Minutes, February 5, 2003 2003-0354
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL COU TY, COL RADO
ATTEST: aejefl / '!1+ . L o
` ` David . Lon , Chair
Weld County Clerk tot (Bo: i.:,?\
i Robert D. M den, Pro-Tern
BY: ��/J , / t' ia: 4W
Deputy Clerk to the Bo ``( 'N
��►� M. J. eile
EXCUSED DATE OF APPROVAL
William H. Jerk
s �-��
Glenn Vaad
Minutes, February 5, 2003 2003-0354
Page 5 BC0016
Hello