The URL can be used to link to this page

Browse Search

Home My WebLink About20030640.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 10, 2003 TAPE #2003-09 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, March 10, 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 March 5, 2003, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings conducted on March 5, 2003, as follows: 1) Amend Change of Zone#539, Floyd and Katharine Oliver, do Todd Hodges Design, LLC; and 2) Amend Planned Unit Development Final Plan, S #562, Floyd and Katharine Oliver, do Todd Hodges Design, LLC. Commissioner Masden seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 2003-0640 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $2,080,310.07 Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Masden seconded the motion, which carried unanimously. OLD BUSINESS: CONSIDER CHANGE ORDER LETTER FOR COMMUNITY CORRECTIONS PAROLE INTENSIVE SUPERVISION SERVICES AND PROGRAMS AND AUTHORIZE CHAIR TO SIGN (CON'T FROM 03/05/03): In the absence of Community Corrections staff, Bruce Barker, County Attorney, stated this will increase funding to complete the program year. Commissioner Geile moved to approve said change order letter and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES -AFA, LLC, DBA ROMANCE NIGHT CLUB: Mr. Barker stated the Board recently approved the Transfer of Ownership for a Tavern Liquor License at this establishment, and he highlighted the various conditions and restrictions which were also transferred forward to the new licensee. Isidro Rodriguez, owner, was present, but had no further comments. No public testimony was offered concerning this matter. Commissioner Jerke moved to approve said application. Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER WORK INCENTIVE GRANT CONTRACT FOR SERVICES THROUGH THE WORKFORCE CENTER FOR PERSONS WITH DISABILITIES AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Department of Human Services, stated under this contract the County will pass through funding, in the amount of$39,735, for the provision of services through the Workforce Center for persons with disabilities. In response to Commissioner Jerke, Mr. Speckman stated the criteria for persons who qualify has been defined and established by law. Commissioner Vaad moved to approve said contract and authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried unanimously. CONSIDER ACCEPTING PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 16 SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND RIGHTS-OF-WAY - SPARBOE HORIZON CORPORATION AND MARGARET RILEY: Mr. Barker gave a brief description of the right- of-way being requested for vacation under this petition. He clarified his research indicates the surrounding properties will have the ability to obtain right-of-way from other existing County roads and rights-of-way. Don Carroll, Department of Public Works, stated staff recommends retaining the right-of-way due to surrounding uses, such as the Erie Airpark and Red Baron Estates Minor Subdivision. He further stated if this right-of-way is vacated, there will not be many options for connectivity in the future. In response to Commissioner Masden, Mr. Carroll stated the Red Baron Estates Minor Subdivision is currently being proposed with access from Weld County Road 39 and internal access to the airstrip. He further stated the developer has not proposed use of Weld County Road 16, and the subdivision will have nine lots or less. Responding to Commissioner Jerke, Mr. Carroll stated the County maintains all of the roads highlighted in red on the map, marked Exhibit A, and the dashed line indicates the area requested for vacation. Vince Ruscitti, Complex Manager for Sparboe Farms, stated Weld County Road 16 dead ends and the road would have to be built for future use. In response to Commissioners Jerke, Vaad, and Masden, Mr. Carroll reviewed the right-of-way currently held by Weld County along the section lines surrounding Sections 30, 31, 32, 5 and 6. In Minutes, March 10, 2003 2003-0640 Page 2 BC0016 response to Commissioner Masden, Mr. Carroll stated the right-of-way between Sections 30 and 31 was vacated in 1969 to accommodate the airstrip. He further stated if Weld County Road 16 were extended, it would dead end approximately 1,300 to 1,400 feet from the airstrip boundary. Russell Riley represented his mother, Margaret Riley, and stated this right-of-way has never been opened as a public road, the ground is very sandy, and it would likely be difficult to construct a good road. He further stated Duke Energy recently installed a pipeline, and any future construction would likely interfere with that project. Mr. Riley stated Weld County Road 16 is an east/west road, which would be difficult to maintain during the winter months, there are other access options for surrounding property owners, and they want the right-of-way vacated to protect their privacy and provide security. No public testimony was offered concerning this matter. Commissioner Jerke commented in the future it may be to the benefit of the petitioners to have the option of constructing a road based on the changing demographics in this area. He stated it seems best to keep this option open for them and the surrounding property owners. He further stated this is a heavily irrigated area and there needs to be transportation options. Commissioner Vaad moved to deny said vacation. Commissioner Jerke seconded the motion. Commissioner Vaad commented he concurs with Commissioner Jerke, and stated although there are no roads now, there is the potential for development in this area and there needs to be options for granting access. There being no further comments, the motion carried unanimously. CONSIDER APPLICATION TO CONSTRUCT CROSSING SIGNALS AND GATES AT EXISTING GRADE CROSSING OF WCR 13 AND THE GREAT WESTERN RAILWAY COMPANY AND AUTHORIZE CHAIR TO SIGN: Frank Hempen, Jr., Director of Department of Public Works, stated this application is for the installation of signals, flashing lights, and crossing arms on the Great Western Railway at Weld County Road 13. He stated Federal funds, in the amount $164,000, will pay for the cost of construction, and the County is required to set aside $4,900 for nonparticipating costs. He stated the County will complete the project and receive reimbursement from the Colorado Department of Transportation. He further stated the existing crossing is only controlled with Stop signs, and the proposed project will include corrections to the grade to ensure safety to the traveling public when the crossing bars are not lowered. In response to Commissioner Vaad, Mr. Hempen stated they are acquiring the necessary right-of-way to accommodate the necessary grade work to create a smooth crossing, and the road will be built to standard. Commissioner Vaad moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Geile, and it carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN - STEPHANIE FRANGELLA: Mr. Warden stated this is an administrative action to appoint a new Deputy District Attorney. Commissioner Jerke moved to appoint Stephanie Frangella as a Deputy District Attorney and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER APPOINTMENT TO PLANNING COMMISSION: Commissioner Vaad moved to appoint John Hutson to the Planning Commission, with a term expiring July 31, 2003. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER APPOINTMENT TO BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER: Commissioner Geile moved to appoint John David Ward II to the Board of Trustees for the North Colorado Medical Center, with a term to expire January 10, 2006. Commissioner Masden seconded the motion, which carried unanimously. Minutes, March 10, 2003 2003-0640 Page 3 BC0016 CONSIDER RESOLUTION RE: EXPRESSION OF SUPPORT FOR PASSAGE OF COLORADO S.B. 03-236: Mr. Barker stated this bill was passed on March 5, 2003; however, since that time some minor amendments have been made, with favorable recommendations from the State Veterans and Military Affairs Committee and the Committee of the Whole. Commissioner Jerke added this bill will provide up to $10 billion in bonding for the State to do various water projects, including projects in Weld County, which he reviewed for the record. He stated this is needed to help address the drought conditions and improve the future of this area. Commissioner Jerke moved to approve said Resolution. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN -TOWN OF ERIE: Mr. Warden stated this is the last of four intergovernmental agreements for areas covered by Phase II Stormwater Management Plans. He stated the Town of Erie has approved this agreement, and the application has been filed. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Commissioner Masden seconded the motion. In response to Commissioner Jerke, Mr. Warden stated the population base is 100,000 or more, and Erie was required to enter into this agreement because it was included as part of the metropolitan area for Boulder, Lafayette, and Superior. Upon a call for the vote, the motion carried four to one, with Commissioner Jerke opposed. PLANNING: PROBABLE CAUSE HEARING FOR AMENDED USE BY SPECIAL REVIEW PERMIT#820 - KERBS DAIRY/FIRST COMMERCIAL BANK: Bethany Salzman, Department of Planning Services, gave a brief description of the location of the site and stated this case was initiated as the result of discharge complaints. She stated at the last hearing staff indicated progress was being made, but there were several outstanding issues. She stated those issues have since been addressed, and the State has indicated the site will be certified by the end of the month. Ms. Salzman stated the property owner still needs to address weed maintenance and get the plat recorded; however, based on the overall progress at the site, staff recommends this Probable Cause hearing either be dismissed, or continued for 60 days to ensure the plat is recorded. Mr. Carroll stated testimony at previous hearings indicated a flooding problem on the property located at the corner of Weld County Road 55 and Highway 392. He stated any stormwater flowing to that area is serviced by an 18-inch culvert, and in the event of a future discharge, the overflow will continue to back up onto that property. Responding to Commissioner Vaad, Mr. Carroll stated the dairy has been upgraded to use 28-inch pipes to address the historic flow. Thomas Haren, AgProfessionals, represented the dairy operator and stated the neighbor to the southwest has been flooded in the past; however, not all the stormwater was from the dairy. He explained several properties north of the dairy also drain into this area and it all gets backed up at the 18-inch pipe servicing the neighbors' property. He stated at the last hearing the Board directed the Department of Public Works to review the situation; however, he does not feel the neighbors' situation should be the responsibility of the dairy since other properties also drain into the area. He stated the dairy has been upgraded to use 28-inch culverts at the accesses; all drainage, run-off, and flow rates have been submitted to the State; and the site should not generate more runoff because additional lagoons have been added to contain stormwater at the site. Mr. Haren stated the plat is ready to be recorded and will be submitted this week. No public testimony was offered concerning this matter. In response to Commissioner Jerke, Mr. Carroll stated the culvert under Highway 392 is 28 to 36 inches wide. He stated the County could assist by doing some ditch cleaning to help address stormwater runoff; however, the 18-inch culvert servicing the neighbors' property does bottleneck the flow. In response to Commissioner Vaad, Mr. Barker suggested the Resolution be modified to indicate the Probable Cause hearing is dismissed at such time as, and upon the condition that, the General Discharge Permit has been certified and issued and the plat for Amended Use by Special Review Permit #820 has been recorded in the office of the Weld County Clerk and Recorder. Commissioner Vaad moved to dismiss said Probable Cause Hearing regarding Use by Special Review Minutes, March 10, 2003 2003-0640 Page 4 BC0016 Permit#820 for Kerbs Dairy/First Commercial Bank as proposed by Mr. Barker. Commissioner Geile 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. There being no further business, this meeting was adjourned at 10:00 a.m. BOARD OF COUNTY COMMISSIONERS WEL LINTY, COLO DO ATTEST: g e ,✓`� J David E. Long, Chair Weld County Clerk tot �Bo. 86I vrJv tv 1♦{ EXCUSED DATE OF APPR AL / �t: Robert D. den, Pro-Tem Deputy Clerk to the B •'%JN /: M. J. Geile William H. Jerke ienAi--C A 1/4 O. Glenn Vaad Minutes, March 10, 2003 2003-0640 Page 5 BC0016 Hello