HomeMy WebLinkAbout20031423.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 4, 2003
TAPE #2003-21
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, June 4, 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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of June 2, 2003, as printed. Commissioner Geile seconded the motion, and it 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 Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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 $1,202,829.06
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2003-1423
BC0016
BIDS:
PRESENT FURNITURE FOR JAIL PHASE II BID-DEPARTMENT OF FINANCE: Pat Persichino, Director
of General Services, presented the five bids received. Said bids will be considered for approval on
Wednesday, June 18, 2003.
OLD BUSINESS:
AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE INMATE ELECTRONIC HOME MONITORING
SERVICES AND AUTHORIZE CHAIR TO SIGN-BI INCORPORATED(CON'T FROM 06/02/2003): Greg
Paulis, Sheriff's Office, stated this agreement will renew the terms of the existing contract, and there have
been no changes since 1999. In response to Commissioner Geile, Mr. Paulis stated if the defendant fails
to pay for the home monitoring services, then the County is billed a maximum of $5.00 per day.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
NEW BUSINESS:
CONSIDER SIX CONSULTANT AGREEMENTS WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR
TO SIGN: Walt Speckman, Director of Department of Human Services, stated these six agreements are
with various consultants who will provide speech/language services, occupational therapy, and early
childhood special education for the Head Start and Migrant Head Start Programs in Weld County and on
the western slope. Commissioner Vaad moved to approve said agreements and authorize the Chair to
sign. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER TWO PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated under these agreements Jeanette Davis and
Midwestern Mental Health Center will provide mental health services on the western slope. Commissioner
Geile moved to approve said agreements and authorize the Chair to sign. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
CONSIDER APPLICATION FOR 2004-2005 FTA GRANTASSISTANCE FOR SECTIONS 5310 AND 5311
AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this application is for an ongoing contract to
use state and federal funds for minibus services and activities, equipment, and staffing. Mr. Speckman
stated this is a two-year grant, in the amount of $906,530. In response to Commissioner Geile, Mr.
Speckman stated this grant is not related to any of the other surrounding transportation programs in other
counties. Commissioner Geile moved to approve said application and authorize the Chair to sign.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO
SIGN - MICHELLE MOORE: Ken Poncelow, Sheriffs Office, stated under this agreement the Sheriffs
Office will pay the educational costs for Michelle Moore to attend the police academy to become a certified
officer. In response to Mr.Warden, Mr. Poncelow stated Ms. Moore tested in the top three, and added that
her Workers' Compensation issues have been resolved. Mr. Warden suggested the Board discuss this
matter in a work session because this has not been done in the past. Responding to Commissioner Vaad,
Mr. Poncelow stated this is a retroactive agreement because Ms. Moore began classes at the academy
in May, so delaying action will not have any adverse effects. Commissioner Jerke moved to continue said
contract to June 18, 2003,subsequent to a work session. Seconded by Commissioner Masden,the motion
carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#341 -
RJML, LLC, DBA EL REVENTON NIGHT CLUB, C/O RUBEN RODRIGUEZ(CON'T FROM 05/19/2003):
Kim Ogle, Department of Planning Services, stated this matter was continued from May 19, 2003,to allow
Minutes, June 4, 2003 2003-1423
Page 2 BC0016
i
for the presence of County staff. Mr. Barker stated the Board also continued the matter to allow adequate
time for notification to the Town of Fort Lupton, which has been sent. Commissioner Geile commented
he wants assurance that the collateral being released will not have future impacts on how the site is
developed. Mr. Barker reviewed the various items covered by the existing collateral for the record. Don
Carroll, Department of Public Works, stated the funds for street paving cover the approach from Weld
County Road 16, and patching and striping in the parking lot, which has been completed. Responding to
Commissioner Masden, Mr. Carroll stated the drainage issue off of Road 16 was resolved by bringing in
material to create a better grade across the parking lot to the inlet. He further stated the applicant has
installed curb, gutter, and wheel stops, and the utility line between the buildings has been repaired.
Responding to Commissioner Vaad, Ruben Rodriguez stated his customers have been driving over the
curb stops he placed on the west end of the park lot, therefore, he is considering other options to keep
them from exiting at that point. Commissioner Jerke expressed concern with the potential septic system
upgrades which may interfere with the current parking lot area resulting in changes to the existing plans.
Trevor Jiricek, Weld County Department of Public Health and Environment, stated the facility has a septic
system that meets current code regulations; however, it is not designed to handle the proposed load if the
building is filled to capacity. He stated the applicant has agreed to limit the number of meals served, use
paper service ware, and limit the number of patrons in the night club to 350. He stated the Temporary
Certificate of Occupancy allows the property owner six months to ensure the septic system can handle the
load from serving more meals and allowing up to 750 patrons in the night club. Mr. Jiricek stated Mr.
Rodriguez has been working with the Colorado Water Quality Control Division, and the issues must be
resolved by October 17, 2003, before the Temporary Certificate of Occupancy expires. Commissioner
Jerke commented a portion of the collateral is being held for the parking lot,which could potentially be torn
up to upgrade the septic system. Mr. Jiricek reiterated the Temporary Certificate of Occupancy expires
on October 17, 2003, as a means of encouraging the property owner to complete the necessary items
before the expiration. Commissioner Geile stated the Temporary Certificate of Occupancy was issued for
180 days, and the various items must be completed or the facility will be closed. Mr. Rodriguez stated he
has been working with the State and logging septic system readings each morning and evening. He stated
the readings have not come close to the allowed measurements for a capacity load. Commissioner Vaad
commented there does not appear to be a connection between the issues listed on the Temporary
Certificate of Occupancy and the completed items covered by the collateral. He further stated the interests
of the County are covered because the Temporary Certificate of Occupancy covers additional items not
covered by collateral. Responding to Mr. Barker, Mr. Rodriguez stated he did lease the eastern portion
of the property to the Union Pacific Railroad; however, if the septic system is expanded, it will not be in that
area. Mr. Jiricek concurred that Mr. Rodriguez would be prohibited by the State and Weld County Health
Departments from expanding the septic system in that area; it must remain on his property. Mr. Rodriguez
clarified the septic system is adequate; however, the leech field does need to be enlarged. In response
to Commissioner Vaad, Mr. Jiricek stated staff considers leech fields that are located in the common open
space of a subdivision as being under the common ownership of a Homeowners'Association. He stated
in this instance the open area is controlled by the Union Pacific Railroad and the ownership could change
at any time. Responding to Commissioner Geile, Mr. Rodriguez stated$1,000 of the collateral was for the
sprinkler system which has been installed pursuant to the requirements of the local fire department.
Commissioner Vaad moved to cancel and release collateral for Site Plan Review#341, in the amount of
$9,500.00. The motion was seconded by Commissioner Geile, who stated future communications are
critical to ensure all items are resolved prior to October 17, 2003. There being no further discussion, the
motion carried unanimously.
PLANNING NEW BUSINESS:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR WINTER KNOLLS PLANNED UNIT
DEVELOPMENT,S#510-ROBERT AND JANET WINTER:Mr.Ogle stated Robert and Janet Winter have
requested the release of collateral, in the amount of$47,200. He stated staff has inspected the site and
found all items have been installed and completed. Mr. Carroll stated the internal gravel road and cul-de-
Minutes, June 4, 2003 2003-1423
Page 3 BC0016
sac will be privately maintained and he recommends approval of said cancellation and release.
Commissioner Masden moved to cancel and release said collateral for the Winter Knolls Planned Unit
Development, S #510. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT, USR #1375 - JAMES TERRY/NELSON PIPELINE CONSTRUCTORS: Mr. Ogle stated the
applicant has requested release of collateral, in the amount of$253,838.00. He stated staff has inspected
the site and found all items installed and completed. In response to Commissioner Masden, Mr. Ogle
stated the Department of Planning Services reviewed the Lighting Plan, which indicates the lights should
be grounded; however, he will conduct a night check to ensure it is in compliance. Mr. Carroll stated the
applicant has placed the rip-rap around the culverts, the site is very clean, and he recommends approval
of said cancellation and release. Commissioner Vaad commented he inspected the site and he was
impressed with the appearance of the site. Commissioner Masden moved to cancel and release said
collateral for Use by Special Review Permit #1375. Commissioner Vaad seconded the motion, which
carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT
COLLATERAL FOR SITE PLAN REVIEW,SPR#352-JEFFREY WIKRE AND BEACON STORAGE, LLC:
Mr. Ogle stated on April 19, 2003, staff conducted a site investigation, and he gave a brief description of
the location of the site. He stated the Department of Planning Services recommends retaining $31,690.00
to cover outstanding landscaping requirements which currently cannot be completed due to drought
conditions. Mr. Carroll clarified the current collateral amount is only for Phase I of the development, and
he recommends approval of the partial release. In response to Commissioner Masden, Mr. Carroll stated
he only inspected Phase I, and the applicant will have to enter into a separate agreement and provide
additional collateral for work on any further phases. Responding to Commissioner Geile, Mr. Ogle stated
the current collateral, in the amount of $94,000.00 is only for Phase I. Commissioner Vaad moved to
cancel and release collateral in the amount of$94,614.00, and accept replacement collateral in the amount
of$31,690.00. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT IRREVOCABLE STANDBY LETTER OF CREDIT FOR SITE PLAN REVIEW, SPR#358-RICK
WALLACE: Mr. Ogle stated staff has reviewed the Improvements Agreement and feels the posted
collateral is adequate to complete the necessary work items,which he reviewed for the record. Mr. Carroll
stated this site is located within the Carriage Estates Subdivision, and he gave a brief description of the
location of the site. Commissioner Geile moved to approve said agreement, authorize the Chair to sign,
and accept the Irrevocable Letter of Credit, in the amount of$5,000.00. The motion,which was seconded
by Commissioner Masden, carried unanimously.
CONSIDER CONDITION OF APPROVAL #6 FOR RECORDED EXEMPTION #1696 - DAVID AND
CHRISTINA HAAK: Michelle Katyryniuk, Department of Planning Services, stated David and Christina
Haak are requesting Condition of Approval#6 for Recorded Exemption#1696 be deleted. She stated the
Recorded Exemption was approved by the Board on January 25, 1995, and she gave a brief description
of the location of the site. Ms. Katyryniuk stated both recorded exemption lots are owned by the applicants,
and are served by the North Weld County Water District and septic systems. She stated the one-half
share from the North Poudre Irrigation Ditch Company is not sufficient to maintain the required
landscaping, therefore,the Haaks purchased a water tap from the North Weld County Water District. She
stated the water tap is currently serving Lot B, and if Condition of Approval #6 is deleted, the one-half
share of water will be sold. Responding to Commissioner Jerke, David Haak, applicant, stated Lot A
already has a water tap, so the water share is no longer necessary. Commissioner Vaad moved to delete
Minutes, June 4, 2003 2003-1423
Page 4 BC0016
Condition of Approval #6 for Recorded Exemption #1696 for David and Christina Haak. 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.
B RD OF COUNTY COMMISSIONERS
W COUNTY, COLORAD
ATTEST: Atetiati
E D vid E. Long, Chair
Weld County Clerk to thy,, oa
411:2? RobertD asden, Pro-Tem
BY:
Deputy Clerk to the oard
M. J. Geile
Willi m H. Jer e
Glenn a
Minutes, June 4, 2003 2003-1423
Page 5 BC0016
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