HomeMy WebLinkAbout20033437.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 17, 2003
TAPE #2003-49
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, December 17, 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 December 15, 2003, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on December 15,2003,as follows: 1)2004 Budget for Beebe Draw Law Enforcement District;
and 2) 2004 Final Budget. Commissioner Jerke seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
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: Jim Richardson, Richardson Contracting, stated his company has had the trucking
contract for the past five years; however,the bid which will be presented later in the meeting is in favor of
a company from outside Weld County. Mr. Richardson requested the Board consider approval of the local
bidder,stating his employees all reside in Weld County,and the difference in the bid is only two and one-half
percent.
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Shane Aulick,Aulick Leasing Corporation, stated his company is the low bidder. He said he runs a family
operation, and he currently has the Western Sugar Company bid for hauling sugar beets. He currently
employs over 50 people from Greeley and,although he appreciates the difference in hiring a local vendor,
the difference amounts to$114,000. Mr.Aulick stated he currently has individuals working for him to haul
sugar beets who were employed by Richardson Contracting. Mr.Aulick stated that although he is outside
of the County, he does business here regularly and employees many local residents, currently running
about 100 trucks. He also works in South Dakota,Nebraska,and Wyoming,and he stated the company's
safety record is excellent. Responding to Commissioner Masden, Mr. Aulick stated he owns most of the
100 trucks, and of those currently hauling, 10 or 12 are based in Greeley,with the balance in Ft. Morgan.
He stated this is a twenty-four/seven operation, so more drivers are hired than there are trucks.
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $485,779.56
Electronic Transfers - All Funds $1,087.07
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
BIDS:
Present County Newspaper for 2004, Finance and various departments: Pat Persichino, Director of
General Services, read the names of two vendors who submitted bids into the record. Said bid will be
considered for approval on December 31,2003. Mr.Warden indicated a work session will be held to define
the differences in the bids.
Present Hauling and Spreading Gravel (Contract Trucks), Public Works: Mr. Persichino read the names
of five vendors who submitted bids into the record. Said bid will be considered for approval on December
31,2003. CommissionerJerke requested more information about the volume to be contracted,to allow the
Board to understand the total dollar difference in the two lowest bids. Mr. Persichino stated he will schedule
a work session to define the differences.
NEW BUSINESS:
CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND
AUTHORIZE CHAIR TO SIGN -JUNE H. LEHR LIVING TRUST: Frank Hempen, Jr., Director of Public
Works, stated this agreement is to extend the current agreement for five years, at 42 cents per ton. He
stated the gravel pit is located in the northwest part of the County and is in the last stages of development.
He said all the material has been pulled out, and the pit may not last the full term of the agreement.
Responding to Commissioner Geile, Mr. Hempen stated each agreement is site specific, and there is a
$1,000 stipend amount over and above any material purchased. Mr. Hempen stated the County does not
pay for the gravel until it is hauled out of the gate, and the quantity and impact of the stipend opens the
opportunity to deal with the same people in other locations. Since he feels it is not a significant impact,he
recommends approval with the stipend included. Commissioner Vaad moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RENTAL CONTRACT FOR WELD COUNTY ELECTION JUDGE TRAINING AND AUTHORIZE
CHAIR TO SIGN - UNION COLONY CIVIC CENTER: Steve Moreno, Weld County Clerk and Recorder,
stated this request is presented because of a conflict with the Weld County Fair when judges are usually
being trained. Therefore, a separate location is required for training. Commissioner Geile moved to
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approve said contract and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2004 AND AUTHORIZE CHAIR TO
SIGN: Mr. Warden stated this is an administrative act of the Board, to accept the compilation of property
taxes by all taxing entities in Weld County,as prepared by the Assessor's Office. He stated the Board does
not have discretion to make any changes and the proper action is to certify for filing with the State.
Commissioner Geile moved to move to certify tax levies and revenues and authorize the Chair to sign said
certification. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AUTHORIZE EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - PRIMA OIL AND GAS COMPANY: Bruce Barker, County
Attorney,stated this extension is being requested since one extension has already been granted. However,
since the property is zoned Industrial, the leasee is required to complete the Use by Special Review
process, and an additional six months is necessary to have the Use by Special Review Permit approved.
Commissioner Jerke moved to authorize extension of said Oil and Gas lease. The motion, which was
seconded by Commissioner Geile, carried unanimously.
CONSIDER RESOLUTION RE: 2004 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF GREELEYAND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES:Mr.Warden stated funds for the Island Grove Park Management Services is
based upon an agreement approved in 1984, with an amount determined annually during the budget
process. For 2004, $352,937, plus $1,063 for capital improvements is the amount to be budgeted.
Responding to Commissioner Geile, Mr. Warden stated the source of funding is Lottery Funds.
Commissioner Geile moved to approve said resolution. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-RADIO READING
SERVICE OF THE ROCKIES: Mr. Warden stated the next eight items are the agreements for outside
agencies with funding approved during the 2004 budget process. Commissioner Vaad moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-SENIOR CITIZEN
COORDINATORS: Commissioner Masden moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE
BEHAVIORAL HEALTH:Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - A KID'S PLACE:
Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTENNIAL
DEVELOPMENTAL SERVICES, INC.: Commissioner Jerke moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, December 17, 2003 2003-3437
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CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY
CONVENTION AND VISITORS BUREAU:Commissioner Masden moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Vaad the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-GREELEY-WELD
ECONOMIC DEVELOPMENT ACTION PARTNERSHIP: Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-HUMANE SOCIETY:
Responding to questions from the Board, Mr.Warden stated the Sheriff's Office provides the function of
Animal Control Officer,and the Humane Society is paid for housing each animal five days with an identifier,
and three days without one. Mr.Warden indicated the Board should continue to encourage the Humane
Society to continue its own fund raising efforts. Commissioner Jerke moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Masden,the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF #614, PHEASANT CREST ESTATES -
TIMOTHY AND LISA BROUGH:Kim Ogle, Department of Planning Services,stated a Letter of Credit has
been received,in the amount of$88,571,and staff recommends approval of said agreement. Don Carroll,
Department of Public Works, stated he has reviewed the exhibits and finds the quantities and unit costs
adequate. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR IMPROVEMENTS FOR WCR 13, AUTHORIZE CHAIR TO SIGN,AND
ACCEPT COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF #614, PHEASANT CREST
ESTATES-TIMOTHY AND LISA BROUGH: Mr.Carroll stated a Condition of Approval for Pheasant Crest
Estates required the applicant to enter into an improvements agreement for the paving of Weld County
Road 13,when it is warranted. He stated it was determined the subdivision is responsible for 27 percent
of the average daily traffic; therefore,the applicant will escrow monies as lots are sold for a portion of the
cost to pave Weld County Road 13, if it occurs within the next five years. If it is not paved within that time,
the escrow account will be released to the applicant. Responding to Commissioner Jerke, Mr. Carroll
stated this portion of road is not included in the County's Five Year Plan;however, Peter Schei, Department
of Public Works,stated there has been some discussion with Larimer County,which may have made plans
for the stabilization of the roadway. Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER REQUEST FROM MARLIN NESS TO PREADVERTISE SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT#1431:Chris Gathman,Department of Planning Services,
stated Marlin Ness,applicant,originally requested a pre-application; however,some items were required
prior to scheduling before the Board and there were some issues with sewer and water service;therefore,
the applicant has revised his application, and is now requesting a hearing date of January 21, 2004.
Commissioner Geile moved to approve the request from Marlin Ness to preadvertise. The motion,which
was seconded by Commissioner Vaad, carried unanimously.
CONSIDER AMENDED FINAL PLAN FOR VISTA COMMERCIAL CENTER PLANNED UNIT
DEVELOPMENT, S #416, TO VACATE A DRAINAGE AND UTILITY EASEMENT - HORIZON
INVESTMENTS, LLC: Chair Long called up the next two cases to be heard together since testimony will
apply to both cases. Mr. Gathman stated S#591 refers to the 15 feet of easement on the east side in the
Minutes, December 17, 2003 2003-3437
Page 4 BC0016
first filing; and S#416 deals with 15 feet of easement on the west side in the second filing. He presented
the Utility Board minutes and stated all other easements remain as they are currently displayed. Mr.
Gathman stated there have been no adverse comments received from referral agencies, and he
recommends approval. Mr.Schei stated he agrees with the recommendation for approval. Chris Pickett,
applicant representative,stated the utility easements have been left out of the interior lot lines because all
utilities are in for phases one and two, and these two easements are no longer required. Commissioner
Vaad moved to amend Final Plans S#416 and S#591 for Horizon Investments,LLC,to vacate a drainage
and utility easement. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMENDED FINAL PLAN FOR VISTA COMMERCIAL CENTER PLANNED UNIT
DEVELOPMENT, S #591, TO VACATE A DRAINAGE AND UTILITY EASEMENT - HORIZON
INVESTMENTS, LLC: See preceding item.
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.
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�L*
ATTEST: `� EXCUSED DATE OF APPROVAL
i�o;,� �1� Qpvid E. Long, Chair
Weld County Clerk to t s �O %LP
a� G' 1,
r 4 Robert D. asden, Pro-Tem
BY: aii � .! U
Deputy Clerk to the Boar
B0a/
M. J. eile
Willia H. Jerke
la'
Glenn Vaad
Minutes, December 17, 2003 2003-3437
Page 5 BC0016
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