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Home My WebLink About20030423.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 12, 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 12, 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 February 10, 2003, as printed. Commissioner Jerke seconded the motion, and it 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: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $353,029.69 Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke seconded the motion, which carried unanimously. 2003-0423 BC0016 BIDS: PRESENT 2003 RUBBERIZED CRACK FILLING PROJECT BID - DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of General Services, presented the six bids received. Said bids will be considered for approval on Wednesday, February 26, 2003. PRESENT 2003 SIGN MATERIAL BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino presented the eight bids received. Said bids will be considered for approval on Wednesday, February 26, 2003. APPROVE 2003 TRAFFIC PAINT AND PAINT BEADS BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated the Department of Public Works recommends approval of the low aggregate bid from TMT-Pathway, LLC, in the amount of$131,825, for yellow and white traffic paint, as well as the low bid from Potters Industries for the glass paint beads, in the amount of$20,750. Commissioner Vaad moved to approve said bid as recommended by staff. Commissioner Jerke seconded the motion, which carried unanimously. APPROVE CONCRETE AND WASHED ROCK ON CALL BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated the Department of Public Works recommends approval of the low bid for washed rock from LaFarge Corporation, in the amount of$10.25 per ton. Staff further recommends approval of the low bid from Star Ready Mix Company for concrete in northern Weld County, at a cost of$62 for all classes per yard. Mr. Persichino stated staff also recommends approval of the low bid from LaFarge Corporation for concrete in southern Weld County, at a cost of$65.50 for six sack, $65.50 for Class B, and $71.50 for Class D per yard. Commissioner Masden moved to approve said bids as recommended by staff. Commissioner Vaad seconded the motion, which carried unanimously. APPROVE CONCRETE SAND BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated the Department of Public Works recommends approval of the sole bid from Varra Companies, in the amount of$3.50 per ton. Commissioner Jerke moved to approve said bid as recommended by staff. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP REQUEST FOR TAVERN LIQUOR LICENSE FROM ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR, TO AFA, LLC, DBA ROMANCE NIGHT CLUB AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the application materials are complete, and the applicant has paid the necessary fees. He stated the current license has conditions/restrictions which need to be transferred forward to the new owner and cited in the Resolution. In response to Commissioner Geile, Mr. Barker gave a brief summary of the previous transfers of ownership and relations among the permit holders. In response to Commissioner Vaad, Mr. Barker stated the application was made prior to expiration on January 23, 2003, and a new expiration date will be assigned once the license is approved by the State. Isidro Rodriguez, applicant, stated he has been manager for Club Romance/Lucky Star for the past two years, he has since purchased the business, and is leasing the facility. Responding to Commissioner Vaad, Mr. Rodriguez concurred with the conditions/restrictions from the previous license, and added he will be maintaining the same personnel. Responding to Commissioner Jerke, Mr. Rodriguez stated the business has been slow, so he did not get paid for some time, therefore, his lost wages were taken into account when determining the purchase price. He explained the previous owner was Manual Manriquez, and Ruben Rodriguez was manager for a short period of time. Commissioner Vaad moved to approve said application with the conditions/restrictions from the previous license, and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. Commissioner Jerke commented he still has some concerns with the operation; however, the conditions will be helpful in ensuring there Minutes, February 12, 2003 2003-0423 Page 2 BC0016 are no problems. Commissioner Geile commented upon review of the lease, he has no concerns with the transfer. CONSIDER APPOINTMENT AND REAPPOINTMENTS TO BOARD OF ADJUSTMENT: Commissioner Vaad moved to appoint William Hansen, reappoint Eric Whitwood, and reassign Joseph Bodine to the Board of Adjustment, all with terms to expire December 1, 2005. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER AMENDMENT TO MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH SYSTEM, OPERATOR OF NORTH COLORADO MEDICAL CENTER: Mr. Warden stated the Memorandum of Agreement has been in place since 1998, which deals with 72- hour holds for psychiatric evaluation of persons who are a danger to themselves or others. He stated the City of Greeley pays for patients if they have no other funds, and the County pays for any who are brought in by the Sheriff's Office or other municipalities. Mr. Warden stated this amendment extends the agreement for one year, and added this arrangement is better for those who should be held in a hospital rather than in a jail. Commissioner Masden moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Geile, and it carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN - CITY OF EVANS: Mr. Warden stated Weld County has four urbanized areas adjacent to the City of Evans/Town of LaSalle, and the Cities of Erie and Longmont. He stated staff has negotiated with these municipalities to establish a Stormwater Management Program Ordinance, which needs to be in effect by March 10, 2003. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Geile. Commissioner Vaad commended Mr. Warden for working with the other governmental entities to deal with this issue rather than handling Stormwater Management through the County. Commissioner Jerke stated he is opposed. Upon a call for the vote, the motion carried with Commissioner Jerke opposed. PLANNING: CONSIDER MODIFYING PAVING REQUIREMENT DETAILED IN EXHIBIT "A" OF IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) FOR SIARRA RUN MINOR RESUBDIVISION, S #626, APPROVED MAY 22, 2002 - SCOTT AND DEANNE DAY: Lee Morrison, Assistant County Attorney, stated the Siarra Run Minor Subdivision is a portion of an old town site plat done by the Hudson Land Company. He stated staff previously negotiated an improvements agreement with Scott and Deanne Day, developers of Siarra Run Minor Subdivision, for paving the roads and making some adjustments to the right-of-way. He explained the agreement included the amount necessary for the paving project; however, since that time, the criteria for a Minor Subdivision has changed and the Days are requesting that they no longer be required to pave the internal roadway. He stated notice was sent to the lot owners within Siarra Run Minor Subdivision who have interest in this matter. Drew Scheltinga, Department of Public Works, stated when this process was started the paving was required for five or more lots; however, since that time the minimum requirement was increased to nine lots. Commissioner Masden commented the current lot owners purchased their lots at costs which reflected the paving. Sheri Lockman, Department of Planning Services, stated staff is still requesting the paving be completed, and the site is considered urban in nature since it is adjacent to Fox Haven Estates and the Town of Lochbuie. Scott and Deanne Day, developers, stated when they purchased the parcels they were told paving would not be required; however, after purchasing the land, the paving requirement was enforced. Ms. Day stated the lots were sold with the disclosure that they were still trying to get rid of the paving requirement. She stated the surrounding developments have not been required to pave their internal roadways. Christina Overman stated she owns Lot 8, and she agreed to Minutes, February 12, 2003 2003-0423 Page 3 BC0016 purchase the lot with the understanding that the road would be paved. Ms. Overman stated she understands the cost of paving may be burdensome; however, the lots were sold at a higher cost to cover the expense. She expressed concern with the current condition of the road, and stated if it is not paved, there will be no opportunity for future maintenance by the County. She stated the agreement is in place, and a policy amendment should not change the terms of an existing agreement. In response to Commissioners Jerke and Masden, Ms. Overman stated they closed on their property in 2002, with the understanding that the road would be paved. Mr. Scheltinga stated the Days discussed the paving requirements with an employee who is no longer working for Weld County; however, replatting a portion of the old town site initiated the Resubdivision process, at which time a cul-de-sac and additional right-of-way was established. He stated through that process the improvements agreement was created and the Days were informed of the paving requirement for a five-lot Minor Subdivision because the old lots needed to be brought to current standards. Commissioner Jerke commented it would be difficult for the Board to remove the paving requirement because lots have been sold. Commissioner Masden moved to deny said request to modify the paving requirement detailed in Exhibit"A" of the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for Siarra Run Minor Resubdivision, S #626, approved May 22, 2002, for Scott and Deanne Day. 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. There being no further business, this meeting was adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS �� WELD UNTY COLORA ATTEST: Lh/4 /i � C � 7 a D vid E. ng, hair Weld County Clerk to the an isei ritT 9"cam Robert D. den, Pro-Tem Deputy Clerk to the Bo'`® � ',� .�ll M. J. Geile William . Jerke Aukt /4.-.409 Glenn Vaad Minutes, February 12, 2003 2003-0423 Page 4 BC0016 Hello