HomeMy WebLinkAbout20031081.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 30, 2003
TAPE #2003-13
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, April 30, 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 April 28, 2003, as printed. Commissioner Masden 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 Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Geile stated the letter regarding an
executive order creating one planning map for the State of Colorado is being forwarded to the
Governor's Office today.
PUBLIC INPUT: There was no public input.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $143,762.97
Electronic Transfers - All Funds $1,063,654.89
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner
Jerke seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
NEW BUSINESS:
CONSIDER RESOLUTION RE: REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Dr. Mark Wallace,
Director of Department of Public Health and Environment, reviewed the proposed fee changes as
detailed in his memorandum, dated April 21, 2003. He stated there has been a change in the
methodology and the test kits used, therefore, a fee increase is necessary to cover the increased cost.
Dr. Wallace stated the second fee allows the Weld County Department of Public Health and
Environment to work with counties or other regions which wish to participate in encephalitis
surveillance of sample chicken flocks. He stated this fee will be used for those requests which are not
otherwise funded through grants. In response to Commissioner Jerke, Dr. Wallace stated this is a new
fee because this is the first year that the Department has received requests for testing that is not
covered by a grant. Commissioner Geile moved to approve said Resolution. Commissioner Masden
seconded the motion, which carried unanimously. Commissioner Vaad commended the Health
Department for its presentation made to the Department of Public Works staff who is working
throughout the County. Dr. Wallace extended an invitation to any group which would like a
presentation.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 3.25, ACCEPT QUIT CLAIM DEED, ACCEPT DEED OF DEDICATION
AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - FARFRUMWURKIN, LLLP: Frank
Hempen, Jr., Director of Department of Public Works, stated this portion of road is scheduled for
improvements in 2004. He stated the cost for acquiring the property and relocating a fence will be
$7,347. Responding to Commissioner Jerke, Mr. Hempen stated the road currently accesses a gravel
pit, and it will be paved once it is brought up to County standards. Commissioner Vaad moved to
approve said agreement, accept said deeds, and authorize the Chair to sign all necessary documents.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: CLOSURE OF A PORTION OF THE RIGHT-OF-WAY FOR WCRS 23
AND 62.25 TO PUBLIC ACCESS, EXCEPTING ACCESS BY EMERGENCY AND MAINTENANCE
VEHICLES: Bruce Barker, County Attorney, stated five years ago the Poudre River Trail was
constructed through the Kodak and Edmondson properties. He stated as the trail goes through
Section 35, Township 6 North, Range 67 West, it meets with right-of-way for Weld County Road 62.25,
extends from Weld County Road 23, and crosses the river and the Edmondson property. Mr. Barker
stated people have been parking at the end of Weld County Road 23 and then walking to the trial
along the old portion of Weld County Road 62.25, rather than using the public access points. He
stated this Resolution will close public access, and retain the right-of-way for emergency and
maintenance vehicles. He further stated the portion to be closed is approximately 612 feet, and this
will meet the County's prior commitment to the adjacent property owners. Mr. Barker suggested the
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draft resolution be amended to clarify the exact description of the portion to be closed. Commissioner
Vaad moved to approve said Resolution. Commissioner Geile seconded the motion. In response to
Mr. Warden and Commissioner Jerke, Mr. Barker stated the intent is not to abandon the right-of-way,
and notice of the closure was not sent because the adjacent property owners will still have use of the
right-of-way. Commissioner Jerke expressed concern with a lack of notification. Commissioners Vaad
and Geile withdrew their motion. Commissioner Vaad requested the notification be restricted to only
those property owners contiguous to the right-of-way. He added there had been problems with the
general public leaving gates open which let the neighbors' cattle out. Commissioner Jerke moved to
continue this matter to May 14, 2003, to allow adequate time for notification to the adjacent property
owners. Commissioner Vaad seconded the motion, and there being no further discussion, the motion
carried unanimously.
CONSIDER RESOLUTION RE: FOUR PETITIONS TO THE TOWN OF LOCHBUIE, COLORADO,
FOR THE ANNEXATION OF PORTIONS OF WCR 39, BETWEEN 76 AND WCR 6, AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the Town of Lochbuie has requested the Board
petition for the annexation of Weld County Road 39 between 1-76 and Weld County Road 6. He stated
annexation of the road will enable the Town to also annex property it already owns in Section 29,
Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Mr. Barker stated notices
were sent to the adjacent property owners; however, he clarified the legal description needs to be
corrected from Section 30 to Section 29. Dale Brockmeier of Harding, Shultz, and Downs, represented
the Town of Lochbuie and stated this annexation will allow the Town to proceed with annexation of land
for the purposes of constructing a new sewage treatment plant. In response to Commissioner Vaad,
Mr. Barker stated the Board has considered similar requests; however, this situation is different
because under the petition procedure notification is provided to the adjacent property owners. He
further stated annexing this portion of the road will essentially create a flagpole annexation.
Commissioner Geile commented these requests have been considered on a case-by-case basis and it
has been the practice of the Board to move forward on requests if there is no opposition and the
outcome will benefit the public. Responding to Commissioner Jerke, Don Carroll, Department of Public
Works, indicated this is an unpaved road. Mr. Barker added the Board may request an annexation
agreement to address the issue of paving the roadway in the future; however, it is difficult to require a
municipality to maintain a road to County standards once the annexation is complete. Commissioner
Jerke commented conflicts often occur when rural roads are annexed and treated as city streets. He
stated this creates problems for local farmers who are accustomed to using the road for agricultural
purposes. Mr. Brockmeier stated he is not aware of the Town's intention for upgrading the road, and it
is unlikely the current status or allowed uses will change. Responding to Commissioner Geile, Mr.
Brockmeier stated this proposal has already gone through the 208 process. Commissioner Masden
suggested the issue be continued to allow discussions regarding the County's Right to Farm
statement, and clarify the Town's intent for the future use of the road. Mr. Brockmeier stated the Town
council will meet next Wednesday at which time he will review the Commissioners' concern; however,
he urged the Board to consider the possibility of subsequent annexations that may change the nature
of the area. Commissioner Vaad commented the issues being discussed indicate an annexation
agreement may be appropriate in this instance to address the current use, as well as the long-range
plans of the Town.
Karen Beier, surrounding property owner, expressed concern with the poor condition of the road. She
stated she was originally told there would be heavy truck traffic using Weld County Road 39 during the
construction phase, as well as for hauling sewage once the site was operational. Ms. Beier stated the
proposed uses would require upgrading the road and setting a speed limit, and she requested
clarification as to the location of the proposed sewage lines. She stated her property will be
significantly impacted because the annexation of the property also involves creating residential and
light commercial or agribusiness uses surrounding her property. She further stated surveyors recently
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entered onto her property to take topographic measurements for projects of which she was not notified.
Commissioner Jerke suggested Ms. Beier be included in any future work session discussions.
Responding to Commissioner Masden, Ms. Beier stated she was not contacted prior to staff accessing
her property. Commissioner Masden stated communications with the local land owners also needs to
be addressed.
Mr. Brockmeier stated the annexed property will be zoned under the Town's code; he is not certain of
the proposed sewage pipe locations; and the survey was likely conducted as part of the review of the
drainage basin for this region.
Commissioner Geile moved to continue this matter to a time following a work session to discuss the
above mentioned issues. Commissioner Jerke seconded the motion. Commissioner Vaad commented
he would like to have the issues resolved and concluded within 30 days. Mr. Brockmeier stated there
are no bond issues pending; however, it would be in the best interest of the Town to keep the process
moving. There being no further discussion, the motion carried unanimously.
CONSIDER RESOLUTION RE: CHANGE IN POLLING PLACES FOR 2003 ELECTIONS: Steve
Moreno, Clerk and Recorder, requested changes in two polling places. He stated the previous
locations were temporary until the renovation of Sky View Elementary School was complete and
authorization was received from Kelly Farms to use the clubhouse. Commissioner Jerke moved to
approve said Resolution. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR PRODUCTION OF PHOTO-IDENTIFICATION CARDS AND
AUTHORIZE CHAIR TO SIGN - WELD COUNTY FIRE CHIEF'S ASSOCIATION: Mr. Barker stated the
Weld County Fire Chiefs Association has requested use of the equipment to produce uniform
identification cards to be used by the various fire protection districts. He stated the entire cost will be
paid for by the Association. Responding to Commissioner Jerke, Mr. Warden stated the Association
has received a grant through the Homeland Security Council to cover the cost. Commissioner Vaad
moved to approve said agreement, and authorize the Chair to sign. Commissioner Masden seconded
the motion, which carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#787 - HAMILTON FARMS, C/O
ELIZABETH WILSON: Sheri Lockman, Department of Planning Services, stated as a Condition of
Approval for Amended Recorded Exemption #2425, Elizabeth Wilson has required the vacation of Use
by Special Review Permit#787, which was originally granted for a trucking business which is no longer
operating. Commissioner Geile moved to approve said vacation. Commissioner Vaad 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.
Minutes, April 30, 2003 2003-1081
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
��,�� WELD UNTY COLORADO
ATTEST:
E vid E Lo , Chair
Weld County Clerk to the B
I ._ ! Robert D. sden, Pro-Tem
BY:
Deputy Clerk to the Boa r
M. J. Geile
Willi m H. Jerkeu
6i_s_ex
Glenn Vaad
Minutes, April 30, 2003 2003-1081
Page 5 BC0016
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