HomeMy WebLinkAbout20033068.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 3, 2003
TAPE #2003-41
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 3, 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 - EXCUSED
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 October 29, 2003, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: The following was deleted from item#8 under New Business: Temporary
Closure of WCR 3 between WCR 12 and State Highway 52. The following was added under Planning New
Business and all remaining items were renumbered: 3) Consider Substantial Change for Recorded
Exemption #2491 - Henry and Gillian Kelly [2003-3069]
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2003-3068
BC0016
n0 : // s/o3
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $310,128.64
Electronic Transfers - All Funds $1,018,713.20
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HSBC BUSINESS CREDIT USA,
INC.:Raelene Anderson,Assessor's Office,stated HSBC Business Credic USA, Inc., is a leasing company
which reported heavy machinery equipment;however,it should have been listed as motorized and licensed.
She stated the equipment was double assessed and staff recommends approval of this petition.
Commissioner Vaad moved to approve said petition as recommended by staff. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-JERRY AND PATRICIA FEATHER:
Michael Sampson, Assessor's Office, stated this property was adjusted in 2003 due to incorrect square
footage data,therefore,staff recommends approval of the abatement for 2002. CommissionerJerke moved
to approve said petition as recommended by staff. Commissioner Vaad seconded the motion, which
carried unanimously.
CONSIDER CONTRACT FOR 2004 LAW ENFORCEMENT ASSISTANCE FUND (LEAF)GRANT AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated under this contract, the Sheriff's Office will receive
$37,000,to assist with drunken driving prevention and law enforcement improvements. Mr.Warden stated
this is the fourth and final year of the program funding. Commissioner Masden moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER FOOD DISTRIBUTION AGREEMENT FOR COMMODITY SUPPLEMENTAL FOOD
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Department of Human
Services, stated this contract provides operating funds from the State to the Weld Food Bank.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER APPLICATION AND PLANNING FORM FOR THE AREA AGENCY ON AGING FISCAL YEAR
2004 FEDERAL BUDGET: Mr. Speckman stated this is the 2004 budget request, in the amount of
$507,594,and the Area Agency on Aging recommends approval. In response to Commissioner Jerke, Mr.
Speckman stated this is for Federal funds which operate all of the Area Agency on Aging programs. He
further stated the grant dollars provided to the senior centers are from the County. Responding to
Commissioner Masden, Mr. Speckman stated home delivered meals are covered by this program, Meals
on Wheels comes from this Act,but it is under a different contract. Commissioner Vaad moved to approve
said application and planning form and authorize the Chair to sign. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
Minutes, November 3, 2003 2003-3068
Page 2 BC0016
CONSIDER RESCINDING RESOLUTION#2003-2850, DATED OCTOBER 13,2003, FOR AVALE GRANT
APPLICATION FOR LONG TERM CARE OMBUDSMAN ADVOCATE/FRIENDLY VISITOR PROGRAM:
Mr. Speckman requested the Board rescind Resolution#2003-2850 because the application forms were
done incorrectly and only showed figures for 12 months instead of 18. He stated the following item of
business will replace this document with the correct amounts. Commissioner Vaad moved to rescind
Resolution #2003-2850. Commissioner Jerke seconded the motion, and it carried unanimously.
CONSIDER VALE GRANT APPLICATION FOR LONG TERM CARE OMBUDSMAN
ADVOCATE/FRIENDLY VISITOR PROGRAM: Mr. Speckman stated this application is for 18 months from
January 1,2004,to June 30,2005. In response to Commissioner Jerke, Mr. Speckman stated the source
of funds is from the VALE Committee, which is operated by the District Attorney's Office. Mr. Warden
stated the funds are generated by the surcharges from local traffic fines and other court fines. He further
stated the funds are allocated out by a local VALE Committee which is appointed by the District Attorney
and District Court. In response to Commissioner Jerke, Mr. Warden stated it is unclear why the contract
term is being switched from 12 to 18 months; however, the longer term is allowable under Tabor as long
as the County can appropriate and encumber the dollars. Commissioner Jerke commented only the 2004
portion of the funds are encumbered through the current budget, and the remainder will be addressed in
2005 under the next budget. Commissioner Masden moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCRS 21.5 AND 23 BETWEEN WCRS 24 AND 26: Frank
Hempen,Jr., Director of Department of Public Works, stated the closure of Weld County Road 3 needs to
be deleted from the agenda to be considered at a later date. He stated Weld County Roads 21.5 and 23
will be closed on November 10, 2003, for approximately five working days for a culvert replacement.
Commissioner Jerke moved to approve said temporary closure of Weld County Roads 21.5 and 23, and
amend the draft Resolution to eliminate any reference to Weld County Road 3. Commissioner Vaad
seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR 15
RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN- FORREST AND KRISTIE MCMICHAEL: Donald
Carroll, Department of Public Works, stated this agreement is required as a Condition of Approval for
Recorded Exemption #3640, which split an 80-acre parcel into two lots. He stated this agreement will
create an access to both parcels using 30 feet of right-of-way in Section 6. He stated the applicants have
contacted adjacent property owners, and staff recommends approval of this request. In response to
Commissioner Jerke, Mr. Carroll stated the access will be on the west side of Weld County Road 15, and
the residence to the east accesses along a private lane which runs through the center of Section 5.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 13,ACCEPT TEMPORARY CONSTRUCTION EASEMENT,AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS-RONALD AND NANETTE MORRIS: Mr. Hempen stated
this agreement is for a small parcel of property necessary for the Weld County Road 13 and Railroad
Crossing Improvement Project. She stated it will cost $500 for right-of-way dedication, $350 for the
temporary construction easement, and $750 for relocation of current improvements. Commissioner
Masden moved to approve said agreement, accept said easement, and authorize the Chair to sign. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
Minutes, November 3, 2003 2003-3068
Page 3 BC0016
CONSIDER GRANT AGREEMENT FOR WEED MANAGEMENT COOPERATIVES IN WELD COUNTY
AND AUTHORIZE CHAIR TO SIGN - NATIONAL FISH AND WILDLIFE FOUNDATION: Ron Broda,
Department of Public Works,stated in November2002,staff submitted a grant application for doing weed
control along the South Platte and St.Vrain Rivers. He stated they finally received a verbal grant approval
in August to commence work, and this document will provide the formal approval. In response to
Commissioner Jerke, Mr. Broda stated this must be submitted within 60 days of receipt. Commissioner
Jerke requested this matter be scheduled for a work session for closure review,and the Board concurred.
Mr. Broda explained a majority of the matching funds comes from land owners for doing the work, and the
remainder of the amount has been budgeted to cover staff salary,mileage,and equipment. Commissioner
Jerke moved to continue said agreement to November 12,2003,to allow adequate time to review the matter
in a work session. The motion was seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER GRANT AGREEMENT FOR WELD COUNTY/PAWNEE WEED CONTROL PROJECT AND
AUTHORIZE CHAIR TO SIGN-COLORADO DEPARTMENT OF AGRICULTURE: Mr. Broda stated Weld
County does weed spraying in the Pawnee Grasslands, and this grant agreement will provide $1,500 to
reimburse a portion of the County's cost for work that has already been done. Responding to Chair Long,
Mr. Broda stated this will not cover all the costs,however,this will be helpful since they previously received
no reimbursement. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN,PF#1007-LANCE AND JULEE MEINERS: Sheri Lockman, Department of Planning Services,
stated the Department of Planning Services conducted a field check and found the improvements to be
satisfactory. Mr. Carroll stated all of the transportation items are complete and he recommends the streets
be accepted for partial maintenance, which includes snow removal for the first year only. He stated the
contractor, Connell Resources, has provided a guarantee/warranty, which guarantees the paving
workmanship for the first year until October 10,2004. Commissioner Vaad moved to cancel and release
said collateral,and accept the streets for partial maintenance. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT #703 FOR AN ADULT
MENTALLY RETARDED GROUP RANCH - TRIANGLE CROSS RANCH, INC.: Chris Gathman,
Department of Planning Services, stated the applicant is requesting to vacate a portion of Use by Special
Review#703 in accordance with Condition of Approval #1.H of Recorded Exemption #3565, which was
approved by the Board on June 23,2003. He stated LotA contains a single family dwelling,which used to
be the ranch headquarters; however,the applicant intends to sell Lot A and continue operating the ranch
on Lot B. In response to Commissioner Jerke, Mr. Carroll stated Weld County Road 74 is classified as a
minor arterial on the Strategic Plan between the Towns of Eaton and Galeton,which requires 130 feet. He
stated the right-of-way should be reserved, and it will have an impact on the lot. Mr. Gathman stated the
Department of Public Works requested a 70-foot reservation from the centerline of Weld County Road 74,
which will be very close to the front of the house. Mr. Barker stated a right-of-way reservation means the
property owner cannot build in that area, and he does not feel it will have an impact unless the road is
expanded in that area. He further stated the applicant agreed to the right-of-way reservation width at the
time of the Recorded Exemption, therefore, he does not feel it should be a significant issue for the partial
vacation. He further stated the Board also has the authority to change the Condition regarding the right-of-
way width if deemed necessary in the future. Commissioner Jerke moved to approve said partial vacation.
Commissioner Vaad seconded the motion, which carried unanimously.
Minutes, November 3, 2003 2003-3068
Page 4 BC0016
CONSIDER SUBSTANTIAL CHANGE FOR RECORDED EXEMPTION #2491 - HENRY AND GILLIAN
KELLY: Ms. Lockman stated the applicants were previously denied a Recorded Exemption on this property
and they submitted a Substantial Change application. She gave a brief description of the location of the site
and surrounding uses. Ms. Lockman stated seven referral agencies reviewed the case,and five responded
favorably or provided comments which have been addressed in the Conditions of Approval. Ms. Lockman
stated staff feels the applicants have met two of the criteria for granting a Substantial Change. She
explained the access along the Weld County Road 13 section line remains a one-lane gravel road;however,
since the time of application,it has been significantly improved. She further stated there is not right-of-way
at this location for Weld County Road 13; however, the applicants have submitted a copy of a 60-foot
easement for access and utilities along the west side of Section 19. Ms. Lockman stated staff feels the
easement and upgrades to Weld County Road 13 justify a Substantial Change. She stated the Board has
approved a substantial change on another property with the same issues. In response to Commissioner
Jerke, Ms. Lockman stated Lot B will access from Weld County Road 15 through a Nonexclusive License
Agreement, and Lot A will be accessed along the section line for Weld County Road 13. Responding to
Commissioner Masden, Ms. Lockman stated the size of the 79-acre parcel was not a reason for denial on
the first Recorded Exemption (RE#2491). Mr. Carroll explained when Sections 19 and 20 were split,the
property owner did create a 60-foot access and utility easement to each of the properties adjacent to Weld
County Road 13. Chair Long advised Mr. Kelly that he has the option of continuing this matter to a date
when the full board will be present. However,if he decides to proceed today, it will require three affirmative
votes, or in the case of a tie vote, Commissioner Geile will listen to the record and make the determining
vote. Mr. Kelly indicated he would like to proceed today, and added he has reviewed and agrees with the
Conditions of Approval for Recorded Exemption#3647 as proposed by staff. Mr. Barker stated notification
is not required for a Recorded Exemption,therefore,a notice was not required for the Substantial Change
process. He further stated the Board must make a separate finding on the Substantial Change before
voting on Recorded Exemption #3647. No public testimony was offered concerning this matter.
Commissioner Vaad moved to find the applicants have met two criteria for a Substantial Change as
described by staff. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION#3647-HENRY AND GILLIAN KELLY: Based on the discussion
in the previous matter,Commissioner Vaad moved to approve Recorded Exemption#3647 for Henry and
Gillian Kelly, with the Conditions of Approval as recommended by staff. The motion was seconded by
Commissioner Masden, and it 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, November 3, 2003 2003-3068
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1'
ATTEST: 4 s-,b EXCUSED DATE OF APPROVAL
,, E )ift D vid . Lon , Chit
Weld County Clerk to the'R rc4
oK � V\J
c i r 9 W ""qq Ro ert . Masden, Pro-Tern
BY:
Deputy Clerk to the Boa EXCUSED
M. J. Geile
William
H. Jerke
Glenn Vaad
Minutes, November 3, 2003 2003-3068
Page 6 BC0016
Hello