HomeMy WebLinkAbout20011354.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 21, 2001
TAPE#2001-22
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, May 21, 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-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
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 May 16, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on May 16, 2001, as follows: 1) Hearing to allow citizens to review and comment on the
performance of Weld County in carrying out its activities with the Weld/Larimer Revolving Loan Fund
Project; 2) Hearing to Consider Designation of the site selection and construction of those major facilities
of a public utility consisting of transmission lines, power plants, and substations of electrical utilities as a
matter of state interest including, in the term public utility, those entities which build operate or maintain
transmission lines, power plants, and substations of electrical utilities regardless of whether they are
subject to the jurisdiction of the Colorado Public Utility Commission; 3) Change of Zone #541 from the A
(Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, John and Charlotte
Carlson, do Tom Honn; and 4) Change of Zone #547 from the A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District,Affordable Country Homes, LLC,do Todd Hodges Design,LLC.
Commissioner Long seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: Commissioner Long moved to add the following to the Agenda under New
Business: 18) Consider Transfer of Ownership Request for 3.2 Percent Beer Retail License from Alpine
Station, LLC, dba Conoco Food Stores and authorize Chair to sign [2001-1351]; and 19) Consider
Temporary Permit for 3.2 Percent Beer Retail License for Alpine Station, LLC, dba Conoco Food Stores
[2001-1352]. The motion was seconded by Commissioner Masden, and it carried unanimously.
2001-1354
BC0016
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MEMORIAL DAY- MAY 28, 2001: Chair Geile read the certificate proclaiming May 28, 2001, as Memorial
Day. He stated these proclamations will be read on May 28, 2001, at Linn Grove Cemetery and Sunset
Memorial Gardens. Paul Matthews, Commander of American Veterans Chapter 8, received the
certificates,and stated Colorado Senator Marilyn Musgrave will be speaking,the Colorado National Guard
will be attending, and he appreciates all of the community support.
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 $422,253.36
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER ESTABLISHING PRECINCTS AND POLLING PLACES FOR 2001 ELECTIONS: Bruce
Barker, County Attorney, stated the Clerk and Recorder provides a list each year for the purpose of setting
the election polling places, and there appears to be no major changes. Commissioner Masden moved to
establish said precincts and polling places as recommended. Commissioner Jerke seconded the motion.
In response to Commissioner Jerke, Mr. Barker stated any changes after this approval will have to be done
through an amendment. Mr. Warden stated the taxing districts had to be filed by May 1, 2001, so they
were likely included in this list. The motion carried unanimously.
CONSIDER CONTRACT FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN:
Nancy Haffner, District Attorney's Office, stated this renewal is for the upcoming two years, and it will pay
for two staff salaries. Ms. Haffner reviewed the contract amounts and stated this year the supplement
funds will be applied toward salaries and the County match. Responding to Commissioner Masden, Ms.
Haffner stated the County has applied for the Division of Criminal Justice Grant for more than 25 years,
and she recommends approval of this contract. Commissioner Jerke moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT PURSUANT TO PROVISIONS OF FEDERAL WORKFORCE INVESTMENT
ACT AND AUTHORIZE THE CHAIR TO SIGN - WELD COUNTY WORKFORCE DEVELOPMENT
BOARD: Walt Speckman, Director of Human Services, stated this is an ongoing and updated agreement
which spells out the duties, obligations, and responsibilities of each party. Commissioner Long moved to
approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER TONY GRAMPSAS YOUTH SERVICES CONTRACT CHANGE LETTER #2 AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is an amendment which will extend the contract
for one year, and also provides $50,000.00 for workforce development options for youth. Commissioner
Jerke moved to approve Change Letter#2 and authorize the Chair to sign. The motion was seconded by
Commissioner Long, and it carried unanimously.
Minutes, May 21, 2001 2001-1354
Page 2 BC0016
CONSIDER MODIFICATION TO WORKFORCE INVESTMENT ACT FIVE-YEAR PLAN FOR PROGRAM
YEAR 2001 AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated under this modification proposes
tentative operation amounts, which will be used until the State determines the final amounts.
Commissioner Masden moved to approve said modification and authorize the Chair to sign. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 17 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-COREY
SEFCOVIC: Frank Hempen, Jr., Director of Public Works, stated this is a routine agreement for the use
of an undeveloped County roadway along a section line to access a parcel of land. Mr. Hempen stated
the agreement is for one-half mile of Weld County Road 17, south from Weld County Road 96.
Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Commissioner
Long seconded the motion, which carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 62 AND AUTHORIZE CHAIR TO SIGN-KENNETH AND
KATHLEEN SCHRAEDER: Mr. Hempen stated the County has been acquiring the necessary right-of-way
for making improvements to a portion of Weld County Road 62. He explained the County will purchase
the Poudre Valley REA easement and right-of-way for the amount of $1,315.00, remove and relocate a
fence along the new right-of-way, and modify the driveways. Responding to Chair Geile, Mr. Hempen
explained the right-of-way needs to be expanded and REA prefers to move its easement back so it remains
separate from the County right-of-way. Commissioner Masden moved to approve said agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried
unanimously.
CONSIDER ACCEPTANCE OF GRANT OF EASEMENT AND DEED OF DEDICATION AND AUTHORIZE
CHAIR TO SIGN-REYNOLDS CATTLE COMPANY, C/O TOM REYNOLDS: Mr. Hempen stated this and
the following are necessary for improvements to Weld County Road 9.5. He explained as part of the
agreement for doing improvements to the roadway, the property owners are providing these easements
and deeds of dedication. Commissioner Jerke moved to accept said Grant of Easement and the Deed of
Dedication and authorize the Chair to sign. The motion was seconded by Commissioner Masden, and it
carried unanimously.
CONSIDER ACCEPTANCE OF DEED OF DEDICATION AND AUTHORIZE CHAIR TO SIGN- BENSON
FARMS, LLC: Based on testimony for the previous matter, Commissioner Masden moved to accept said
Deed of Dedication and authorize the Chair to sign. Seconded by Commissioner Jerke,the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 62 AND AUTHORIZE CHAIR TO SIGN - GLADYS
JEFFERS:Mr. Hempen stated this agreement is for the purchase of right-of-way for improvements to Weld
County Road 62 between Roads 13 and 17. Mr. Hempen stated the project will cost$11,260.00,and there
will be a new ten-foot Poudre Valley REA easement. Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER GRANT APPLICATION FOR YOUTH FITNESS AND NUTRITION EDUCATION PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director of Public Health and Environment, stated
under this program, the Weld County Department of Public Health and Environment collaborates with
UNC,the CSU Extension, and the City of Greeley to provide fitness and nutrition classes to youth enrolled
in the City of Greeley Community Outreach Program. In response to Commissioner Jerke, Dr. Wallace
Minutes, May 21, 2001 2001-1354
Page 3 BC0016
stated the funds are provided by the Colorado Department of Public Health and Environment.
Commissioner Masden moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER TASK ORDER FOR TOBACCO EDUCATION,PREVENTION,AND CESSATION PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this task order is part of the master contract with
Colorado Department of Public Health and Environment. He stated the funds are from the Tobacco Master
Settlement Agreement, and he reviewed the goals of the program are to reduce initiation of tobacco use
by youth, reduce exposure to environmental tobacco smoke, and promote that youth and adults quit
smoking. Responding to Chair Geile, Dr. Wallace stated the program activities are coordinated by the
Tobacco-Free Program; however, the State oversees all of the programs, and local agencies promote
community involvement. Commissioner Masden moved to approve said task order and authorize the Chair
to sign. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER TASK ORDER RENEWAL LETTER#1 FOR TUBERCULOSIS CONTROL AND OUTREACH
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this task order is for the renewal of
the Tuberculosis Control and Outreach Program,and allows the Weld County Department of Public Health
and Environment to provide preventive treatment,therapy,evaluations,testing, and follow-up contact. He
stated for these services the Department will receive an amount, not to exceed $62,877.00, with an
additional $12.50 per visit. Commissioner Masden moved to approve Task Order Renewal Letter#1 and
authorize the Chair to sign. The motion was seconded by Commissioner Long,and it carried unanimously.
CONSIDER CONTRACT CHANGE ORDER LETTER FOR STATE PER CAPITA CONTRACT AND
AUTHORIZE CHAIR TO SIGN: Dr.Wallace stated this is the fifth year of the Contract for State Per Capita,
and this year the Weld County Department of Public Health and Environment has been successful in
distributing funds. He stated the change order letter will provide funding in the amount of$253,257.00,
which is an increase of$35,221.00 over last year, and added the funding is used to support local public
health infrastructures. Responding to Mr. Warden, Dr. Wallace stated this funding does not include the
15 percent bonus;however,it does include the changes accommodating the addition of Broomfield County.
Responding to Chair Geile, Dr. Wallace stated per capita is related to the State estimates provided by a
demographer, and it is unlikely that the new census figures will cause any significant changes.
Commissioner Long moved to approve said contract change order letter and authorize the Chair to sign.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER TASK ORDER FOR FAMILY PLANNING PROGRAM AND AUTHORIZE CHAIR TO SIGN:
Dr. Wallace stated this will allow the Weld County Department of Public Health and Environment to
continue the Family Planning Program through June 30, 2002. He stated the program will receive funding
in an amount not to exceed $97,513.00 to be used for education, counseling, comprehensive health and
social histories, physicals, supplies, and followup or referral services. Responding to Commissioner
Masden, Dr.Wallace stated this funding does not pay for in-home services. Commissioner Masden moved
to approve said task order and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion
carried unanimously.
CONSIDER TASK ORDER AMENDMENT #1 FOR ABSTINENCE EDUCATION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated under the Abstinence Education Program, the Weld
County Department of Public Health and Environment focuses on working with local school districts. He
stated the amount applied for in April was not fully funded, so they have made the necessary changes and
removed some of the planned community conferences. Dr. Wallace stated the program will be funded in
the amount of $120,098.00, and the term has been extended to August 31, 2002. Responding to
Commissioner Masden, Dr. Wallace stated they intend to continue working with the four school districts
involved in the program, as well as expand into other areas. Commissioner Masden moved to approve
Minutes, May 21, 2001 2001-1354
Page 4 BC0016
Task Order Amendment#1 and authorize the Chair to sign. The motion was seconded by Commissioner
Jerke and it carried unanimously.
CONSIDER PETITION FOR ANNEXATION TO BOARD OF TRUSTEES, TOWN OF LOCHBUIE,
COLORADO, FOR PORTIONS OF WELD COUNTY ROAD 2 AND AUTHORIZE THE CHAIR TO SIGN:
Dale Brockmeier, attorney, represented the Town of Lochbuie and stated the Town is requesting Weld
County consent to the annexation of the west half of Weld County Road 2 lying in Section 35, and the
western half of Section 36, both in Township 1 North, Range 66 West of the 6th P.M., Weld County,
Colorado. Mr. Barker stated he sent a letter and made numerous phone calls to the City of Brighton who
was involved in the original agreement for paving the roadway; however, he received no response. He
stated the agreement for paving the roadway was not written with the intent that it would be annexed by
Lochbuie, but it did imply they could annex in the future. He further stated the 30 feet are located between
areas owned by the City of Brighton, Town of Lochbuie, and Adams County, which results in a
maintenance hassle for Weld County. Responding to Chair Geile, Mr. Barker confirmed if annexed,
Lochbuie will take over maintenance responsibilities Mr. Brockmeier concurred, and added this petition
starts the process; however,there will still be public hearings. No public testimony was offered concerning
this matter. Commissioner Jerke moved to approve said petition and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TRANSFER OF OWNERSHIP REQUEST FOR 3.2 PERCENT BEER RETAIL LICENSE
FROM ALPINE STATION, LLC, DBA CONOCO FOOD STORES AND AUTHORIZE CHAIR TO SIGN:
Steve Lee, Dill and Dill Attorneys at Law, and Mark Freeman, Director of Operations for Alpine Station
were present to represent this matter. Mr. Lee stated the closing is scheduled for tomorrow, and Alpine
Station, LLC, intends to operate the existing Conoco store. (Switched to Tape #2001-23.) Mr. Barker
stated if this matter is approved, he would request the Board add a condition stating the approval is not
effective until the time of closing when the lease is signed. Responding to Chair Geile, Mr. Barker stated
the temporary permit will be in effect from time of closing until the State issues the permit. In response
to Commissioner Masden, Mr. Barker stated referrals are not sent to the Sheriff's Office for transfers of
ownership; however, the current licensee recently renewed their permit, and the Sheriff's Office indicated
no concerns at that time. Mr. Lee stated they will be maintaining the current employees, most of whom
have two to six years of experience. No public testimony was offered concerning this matter.
Commissioner Jerke moved to approve said transfer and authorize the Chair to sign. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER TEMPORARY PERMIT FOR 3.2 PERCENT BEER RETAIL LICENSE FOR ALPINE
STATION, LLC, DBA CONOCO FOOD STORES: Chair Geile confirmed the temporary permit becomes
effective at the time of closing and receipt of signatures. Commissioner Jerke moved to approve said
temporary permit and authorize the Chair to sign. The motion, which was seconded by Commissioner
Masden, carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR #323, FOR A SOIL AND PLANT RESEARCH LABORATORY - STA
LABORATORIES: Robert Anderson, Department of Planning Services, stated the Weld County
Departments of Planning Services, Public Works, and the County Attorney's Office have reviewed the
agreement and proposed collateral,and all have determined the amount is sufficient for the proposed use.
Mr. Anderson stated the Department of Planning Services recommends the board accept the Irrevocable
Standby Letter of Credit in the amount of $77,914.00. Commissioner Masden moved to approve said
agreement and accept the form of collateral for Site Plan Review #323 for STA Laboratories.
Commissioner Long seconded the motion, which carried unanimously.
Minutes, May 21, 2001 2001-1354
Page 5 BC0016
CONSIDER RECORDED EXEMPTION#2950-HOWARD MANUFACTURING COMPANY,C/O WAYNE
HOWARD: Chris Gathman, Department of Planning Services, gave a brief description of the location of
the site, and stated the Department of Planning Services recommends this request be denied for reasons
as indicated in the Administrative Review. Mr. Gathman stated Lot A would be an island lot, and be
dependent on a lease agreement for access across Recorded Exemption #790, and added this may not
be an acceptable emergency access. If approved, Mr. Gathman requested the Board accept the proposed
conditions, add the condition as indicated in his memorandum, marked Exhibit A, to state, "The applicant
shall submit a copy of a recorded deed for the 80-acre parcel on which Recorded Exemption #2950 is
proposed." (Clerk's Note: Added as Condition of Approval #4.H.) Chair Geile called up Recorded
Exemption#2952 to be considered in conjunction with Recorded Exemption#2950. Mr. Gathman stated
Recorded Exemption#2952 is for three lots, and he gave a brief description of the location of the site. He
explained a large portion of the lot is part of an irrigation circle, which could also be sold as a separate
parcel. If approved, he requested the same condition proposed for Recorded Exemption #2950, also be
added for Recorded Exemption #2952. Mr. Gathman displayed an overhead showing an alternative
configuration proposed by staff; however, he stated the applicant did not wish to use that option.
Responding to Chair Geile, Mr. Gathman stated the applicant also owns several other lots of Recorded
Exemptions in the area. He further stated there is a coral and outbuilding on Recorded Exemption#2952,
but no residences. Responding further to Chair Geile, Mr. Gathman reviewed the proposed differences
between the applicant's proposal, and staffs recommendation. In response to Commissioner Jerke, Mr.
Gathman stated the applicant already has the option of dividing the property into several 80-acre parcels,
and added Recorded Exemptions#2743 and #2571 have already split off a portion of the irrigation circle.
Wayne Howard represented the applicant, and stated Howard Manufacturing is a family run operation.
In 1994 Mike Howard, owner, purchased the farm, which has been in agricultural production since 1931.
He stated the owners have improved the irrigation system, and do not intend to jeopardize or compromise
the integrity of the farm. Howard stated the proposed Recorded Exemptions are consistent with the intent
of the Agricultural Zone District, and they will also maximize the use of less productive land. Mr. Howard
stated they did build a house on Lot A of Recorded Exemption#790 in the early 70's, which was sold due
to financial reasons in the mid 1970's. He explained in early 1999, Amended Recorded Exemption #790
was approved to split off and leased for oil and gas uses. He stated the Lot is not used for agriculture, it
is separated by a ditch, and it has been sold to the oil and gas company. Mr. Howard stated that Mr. Mike
Howard applied for these Recorded Exemptions, in September as a result of the Growth Initiative being
considered on last year's ballot. He explained Lot A of Recorded Exemption #2950 has a building and
utility services. Mr. Howard stated after working with staff, it has been determined that there is no other
way to split the parcel under Recorded Exemption#2950. He explained the smaller parcel is used by the
U.S. Government for an FAA VORTAC Radar Station, which restricts any other development. He stated
Mr. Mike Howard would like to retain the government lease even if the remainder of the farm is leased to
someone else. Mr. Howard stated the smaller parcel is primarily dryland grass with prairie dogs, and the
site would be better suited for residential units, which will not hinder farm productivity. He stated the
applicant intends to split off a few lots on the east side to take advantage of the best use for the land. In
response to Chair Geile, Mr. Howard stated Mr. Mike Howard proposed Recorded Exemptions #2950,
#2951, and #2952 at same time; however, he intended to withdraw Recorded Exemption #2951, but the
proposal was then accepted by staff, and will be approved administratively. Mr. Howard stated access to
the VORTAC station is from Weld County Road 72, with a flag driveway. In response to Chair Geile, Mr.
Howard state the North Weld County Water District has water lines within the vicinity for serving these lots.
No public testimony was offered concerning this matter. Responding to Commissioner Jerke, Mr. Gathman
stated Lot A of Recorded Exemption#2950 is seven acres, and the VORTAC site uses approximately 2.5
acres of the parcel.
Minutes, May 21, 2001 2001-1354
Page 6 BC0016
Mr. Wayne Howard stated the VORTAC site has a huge FAA radius established which is tied to the lease
and prevents any construction within 600-800 feet. He further stated due to the radar equipment used,
metallic items and structures are not allowed. He stated the use of Lot A will not change unless the
government facility is removed, at which time the parcel would make a prime residential site, and would
not interfere with agricultural production. Responding to Commissioner Jerke, Mr. Howard stated the
government has a ten-year lease; however, if the lease amount is raised, the property will be condemned
at agricultural values, but the property is worth more.
Commissioner Jerke stated this property is unique because the applicant already has the option of splitting
the land into 80-acre parcels, there are several surrounding Recorded Exemptions, and the sprinkler
system has already been broken. Commissioner Jerke moved to approve Recorded Exemption#2950 with
the Conditions of Approval as recommended by staff, and to add the Condition of Approval as requested
by staff in the memorandum marked Exhibit A. Responding to Chair Geile, Mr. Howard stated he and the
applicant have reviewed and agree with the proposed conditions of approval. The motion, which was
seconded by Commissioner Masden, carried unanimously.
CONSIDER RECORDED EXEMPTION#2952-HOWARD MANUFACTURING COMPANY,C/O WAYNE
HOWARD: Responding to Chair Geile, Wayne Howard stated he and the applicant have reviewed and
agree with the proposed Conditions of Approval. Commissioner Long moved to approve Recorded
Exemption#2952, with the Conditions of Approval as recommended by staff, and to add the Condition of
Approval as requested by staff to state, "The applicant shall submit a copy of a recorded deed for the 160-
acre parcel on which Recorded Exemption #2952 is proposed." (Clerk's Note: Added as Condition of
Approval #4.J.) The motion was seconded by Commissioner Jerke, and it 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 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
dion'imur WELD CO Y, COLORADO
•
Elea
ATTEST: gedead / aC(IJ
gitk OP-i& M. J. eile, Chair
Weld County Clerk to the B.! • *-1,, EXCUSED
V. ;fir
�//// Glenn Vaad, Pro-Tern
BY: /.l twto �Ip , Y`� \ ,
Deputy Clerk to the Board / 2/ `�
Will H. Jerke
vid . Long
Robert D. Masden
Minutes, May 21, 2001 2001-1354
Page 7 BC0016
Hello