HomeMy WebLinkAbout20012573.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 10, 2001
TAPE#2001-37
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, September 10, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William H. Jerke
Commissioner David E. Long - TARDY
Commissioner Robert D. Masden - EXCUSED
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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of September 5, 2001, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: The following was added under Planning: 1)Consider Vacation of SUP#311 -
John Hochmiller [2001-2584]
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
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 $685,627.56
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
2001-2573
BC0016
NEW BUSINESS:
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR TRAINING AND TECHNICAL
ASSISTANCE FOR HEAD START AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the Federal
government is distributing additional money to be used for training and technical assistance under the
Head Start Program. In response to Commissioner Jerke, Mr.Warden stated this is not part of the Migrant
Head Start. Commissioner Vaad moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY ROAD 3.25 FOR
SPEED LIMIT REDUCTION: Frank Hempen, Jr., Director of Public Works, stated a resident along Weld
County Road 3.25 expressed concern regarding the traffic which travels at excessive speeds. He stated
there is a seasonal agricultural education facility for school children between State Highway 52 and Road
16.5. Mr. Hempen stated the road is made of asphalt millings and is maintained by a nearby quarry
operator. He explained the roadway is not smooth,the width varies between 21 and 24 feet, and the sight
distances are acceptable. Mr. Hempen stated a majority of the public already travels this road at 35 miles
per hour due to the poor conditions, and there are several ingress and egress to the educational facility.
Due to the narrow nature of the road and heavy truck traffic, he recommends the speed limit be reduced
to 35 miles per hour, as well as posting advisory signs on both sides of the facility. Commissioner Jerke
commented he is in favor of this request due to the many school children who are present during certain
times of the year. Responding to Commissioner Jerke, Mr. Hempen stated the average daily traffic count
averages between 100 and 150 vehicles per day. Responding to Commissioner Vaad, Mr. Hempen stated
this segment of the road is not required to meet all six warrants of the traffic manual;however, it does meet
three of them. Commissioner Vaad moved to approve said Installation of Traffic Control Devices.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 62 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-A.L. AND
RUBY FRYE FAMILY LIMITED PARTNERSHIP: Mr. Hempen stated this agreement is necessary to
complete the improvements to Weld County Road 62 from the County line to Weld County Road 17. He
gave a brief description of the current road alignment, and stated the project will cost approximately
$24,045.00 to purchase four acres, relocate a Poudre Valley REA easement, and create an easement for
the Big Cut Lateral and Reservoir Company. In response to Commissioner Jerke, Mr. Hempen stated the
small triangular parcel will still be owned by the Fryes,and will still be an economically viable piece of land.
Mr. Hempen further stated the old right-of-way will be abandoned and given to the adjacent property
owners. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER CHANGE ORDER#1 FOR WELD COUNTY BRIDGE 47-68B AND AUTHORIZE CHAIR TO
SIGN-LORIS AND ASSOCIATES, INC.: Mr. Hempen stated this is a Federally-funded bridge replacement
project located north of Weld County Road 392, east of Lucerne. He stated under this Change Order the
project costs will be increased by$5,817.00, due to inclement weather which resulted in additional testing
and inspections. He stated this amount is a seven percent increase over the original amount and he
recommends approval. Commissioner Vaad moved to approve said Change Order#1 and authorize the
Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER RESOLUTION RE: ACKNOWLEDGE REQUEST OF WINDSOR-SEVERANCE LIBRARY
DISTRICT TO SUBMIT TO THE REGISTERED ELECTORS RESIDING WITHIN THE LIBRARY
DISTRICT A PROPOSITION TO INCREASE THE AD VALOREM PROPERTY TAX LEVY BY 1.0 MILLS
TOATOTAL LEVY OF 3.546 MILLS;SUBMITTING SUCH BALLOT ISSUE TO SAID ELECTORS AT THE
2001 GENERAL ELECTION;CALLING THE ELECTION;AND CERTIFYING THE BALLOT TITLE:(Clerk's
Note: Commissioner Long is now present.) Danielle Johnson, attorney, represented the Windsor
Minutes, September 10, 2001 2001-2573
Page 2 BC0016
Severance Library District. Ms. Johnson stated the Library District must obtain approval from the Board
prior to placing an item on the election ballot. In response to Chair Geile, Ms. Johnson explained the
purpose of the request is to increase the mill levy to provide for expanded library hours, additional
personnel, competitive salaries, an improved collection, and improvements and maintenance to the
facilities. In response to Commissioner Jerke, Mr.Warden stated this matter was anticipated and included
in the ballot agreement. Ms. Johnson stated the Library District has signed the agreement, which will be
forwarded to the County. Commissioner Vaad moved to approve said Resolution. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: DIRECT CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY
ORDINANCE#223-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2001:
Mr. Warden stated this is the first Supplemental Appropriation for 2001, and another will be completed in
December. He explained a notice must be published prior to consideration of the matter and he requested
approval to direct the Clerk to the Board's Office to publish a notice which will allow for consideration of
the matter on September 17, 2001. Commissioner Vaad moved to approve said Resolution.
Commissioner Jerke seconded the motion, which carried unanimously.
PLANNING:
CONSIDER VACATION OF SPECIAL USE PERMIT#311 - JOHN HOCHMILLER: Anne Best Johnson,
Department of Planning Services, stated the Board recently approved a Special Review Permit for John
Hochmiller, and as a Condition of Approval he was required to request the vacation of Special Use Permit
#311. Commissioner Jerke moved to approve said vacation. Commissioner Vaad seconded the motion,
which carried unanimously.
CONSIDER RESUBDIVISION (LOT LINE ADJUSTMENT ONLY) OF ARROWHEAD SUBDIVISION, S
#608 - TYLER RICHARDSON: Ms. Johnson gave a brief description of the location of the proposed lot
line adjustment, and stated the improvements were constructed over the lot line prior to the applicant
purchasing the property. Ms. Johnson stated there are no utilities present, and the lot line is proposed to
be relocated between 30 to 36 feet to the south. She reiterated this request is in conformance with the
Weld County Code because no utility lines will be affected, and all new construction will be required to
comply with the requirements of the Agricultural Zone District. In response to Chair Geile, Ms. Johnson
stated Lot 23 has improvements, Lot 22 is vacant, and the applicant owns both lots.
Chair Geile advised Mr. Richardson, applicant, that he has the option of continuing this matter to a date
when the full board will be present. However, if he decides to proceed today,it will require three affirmative
votes, or in the case of a tie vote,Commissioner Masden will listen to the record and make the determining
vote. Mr. Richardson indicated he would like to proceed today. In response to Commissioner Vaad, Ms.
Johnson indicated the proposed location of the lot line. No public testimony was offered concerning this
matter.
Commissioner Jerke moved to approve Resubdivision, S#608, for Tyler Richardson, with the Conditions
of Approval. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION #3134 - STEVE SCHULTZ: Robert Anderson, Department of
Planning Services, gave a brief description of the location of the site and surrounding uses. Mr.Anderson
stated three referral agencies responded with proposed conditions, and three indicated no conflicts with
their interests. Mr.Anderson stated staff recommends denial of this proposal creating a flagpole lot within
another flagpole lot, for the reason cited in the Administrative Review.
Minutes, September 10, 2001 2001-2573
Page 3 BC0016
Chair Geile advised Jerry Hanley, applicant,that he has the option of continuing this matter to a date when
the full board will be present. However, if he decides to proceed today, it will require three affirmative
votes,or in the case of a tie vote, Commissioner Masden will listen to the record and make the determining
vote. Mr. Hanley indicated he would like to proceed today.
Mr. Hanley stated they would like to purchase this property and construct a new home. He explained the
six acres are currently covered with weeds and the proposed configuration will allow them to place a home
on each lot located out of the flood plain. If the parcel were split in two, the western lot would be located
entirely within the flood plain. Mr. Hanley stated the northern lot will have a deeded access that will
become part of the lot. He explained the driveway is only a short length and will be sufficient for emergency
vehicles, with an adequate area for turning around. He stated the property is currently dry land with no
irrigation. In response to Commissioner Jerke, Mr.Anderson stated the odd shaped lot to the north is part
of a previously approved Recorded Exemption, and the lot does have a house on it. Responding to Chair
Geile, Mr. Hanley stated both houses will be on septic systems. Mr. Anderson added this area is not near
the sewer services for the Towns of Eaton or Severance. Responding to Commissioner Jerke, Mr.
Anderson stated the odd shaped lot of the previously Recorded Exemption does have a flag pole access
road; however, it will not be shared. He stated as proposed, there will be two flag pole accesses running
parallel to each other. Mr. Hanley explained there are telephone poles dividing the driveways,which make
it difficult to share an access. Mr. Anderson concurred and stated the Department of Public Works did
grant a new access for the proposed lot. Responding to Chair Geile, Mr. Hanley stated the access will be
deeded and become part of the property, so there will be no question as to who owns or maintains the
access. Responding to Commissioner Vaad, Mr. Hanley stated Lot B is accessed at the southeast corner,
estimated the flag pole access to be approximately 300 feet in length, and estimated the two driveways
to be separated by approximately 500 feet. Responding to Chair Geile, Mr. Hanley stated he has reviewed
and agrees with the proposed Conditions of Approval.
Commissioner Jerke moved to approve Recorded Exemption#3134 for Steve Schultz,with the Conditions
of Approval as recommended by staff. 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, September 10, 2001 2001-2573
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF UNTY COMMISSIONERS
�® WE�LDD�CO , COLORADO
ATTEST: ,t h/ >� �� j� �,a� j�!/ .0.(.lv
M. J. G ile, Chair
Weld County Clerk to t Qggo.' aft ,AA
%' W 4 Glenn Vaad, Pro-I em
BY: aQa
Deputy Clerk to the Boar. a '
Wilf Jerke
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David E. Long *
EXCUSED
Robert D. Masden
Minutes, September 10, 2001 2001-2573
Page 5 BC0016
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