HomeMy WebLinkAbout20011576 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 11, 2001
TAPE#2001-25
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 11, 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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of June 6, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on June 6, 2001, as follows: 1) A Site Specific Development Plan and Use by Special Review
Permit #1323, John Hochmiller, do Bonnie Rogers; 2) A Site Specific Development Plan and Use by
Special Review Permit#1322,Sparboe Horizon Corporation,c/o AgPro Environmental Services, LLC;and
3) A Site Specific Development Plan and Third Amended Use by Special Review Permit#655, Sparboe
Horizon Corporation, c/o AgPro Environmental Services, LLC. Commissioner Long seconded the motion,
which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: Tom Chagolla, Chair for Greeley Fiesta 2001, notified the Board of the planned events
for Greeley Fiesta 2001. He stated there will be a press conference on June 15, 2001, at 4:00 p.m.,which
will notify the public of the schedule. Mr. Chagolla reviewed the various entertainers and activities planned
to be held at the new community building at Island Grove Regional Park, and thanked the Board for its
support. He stated this is a positive family event for the entire community,they have received interest from
2001-1576
BC0016
many other areas around the nation, and they are reviewing the possibility of doing a sister event at a
separate location.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $423,218.37
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-ROGGEN FARMERS ELEVATOR
ASSOCIATION: Christopher Woodruff, Assessor's Office, stated this petition is for a piece of leased
equipment which was properly assessed in 2000 by the actual property owner; however, the Roggen
Farmers Elevator Association also reported the equipment resulting in a double assessment.
Commissioner Jerke moved to approve said petition and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES -AUTOMOTIVE RENTALS, INC.:
Mr. Woodruff stated leased equipment was reported in 2000; however, it was also licensed through the
State and the owner had paid the specific ownership tax and licence fees, which are collected in lieu of
property taxes. Commissioner Masden moved to approve said petition and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-TAG STEEL: Mr. Woodruff stated
the company reported several pieces of equipment which were SMM licensed. He explained SMM licensed
equipment is required to pay ownership tax and license fees in lieu of the property taxes, and he
recommends approval. Commissioner Jerke moved to approve said petition and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - US BANCORP LEASING AND
FINANCIAL: Mr. Woodruff stated the petition reported a crane which was SMM licensed, so it should not
have been reported for assessment. Commissioner Masden moved to approve said petition and authorize
the Chair to sign. Commissioner Long seconded the motion. In response to Commissioner Jerke, Mr.
Woodruff stated an SMM tag is for special mobile equipment, which allows the owner to pay a specific
ownership tax for equipment which is used on a site and not taken on the road.
CONSIDER APPLICATION FOR FEDERAL TRANSIT ADMINISTRATION (FTA)GRANT ASSISTANCE
AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated the Human
Services Committee recommends approval of this competitive grant for the years 2002 and 2003. He
stated they are requesting$64,000.00 in capital funds for each year, in addition to$82,000.00 in 2002,and
$90,000.00 in 2003 for Transportation operating expenses. In response to Commissioner Masden, Mr.
Speckman stated if a lower amount is received,the Transportation Department will generate the necessary
resources for replacement and maintenance of vehicles. Mr.Warden stated Motorpool Intergovernmental
Agreement funds are used for the transportation programs and supplemented by the grants.
Commissioner Long moved to approve said application and authorize the Chair to sign. The motion,which
was seconded by Commissioner Jerke, carried unanimously.
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - LAMBLAND, INC., DBA A1 ORGANICS: Frank Hempen, Jr., Director of
Minutes, June 11, 2001 2001-1576
Page 2 BC0016
Public Works,stated Lambland, Inc.,dba Al Organics,operates a composting facility north of Keenesburg
under Use by Special Review Permit#1285. He gave a brief description of the haul route, which is also
used by two other operations in the area. He stated all three companies will have an agreement with the
County for routine patching and future construction if needed. Mr. Hempen explained once the traffic
generated exceeds 25,500 vehicles per day, Al Organics will be required to place a four-inch overlay to
repair any damage to the road, which is consistent with the other existing agreements. In response to
Commissioner Masden, Mr. Hempen stated he anticipates it will take approximately three years before the
traffic exceeds 25,500. Commissioner Masden moved to approve said agreement and authorize Chair to
sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER CONTRACT FOR REPLACEMENT OF BRIDGE ON WELD COUNTY ROAD 27 (83RD
AVENUE) OVER SHEEP DRAW AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated this is the first
of two contracts for a bridge replacement using Federal Funds, and is for the amount of $261,991.00 for
design and construction management only. Mr. Hempen stated this amount does not include the
construction contract, and there is an 80/20 cost split between CDOT and the County. Mr. Hempen stated
the local share was included as part of this year's budget, and it will also be split with the City of Greeley.
Commissioner Long moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER CONTRACT FOR REPLACEMENT OF BRIDGE ON WELD COUNTY ROAD 13 OVER ST.
VRAIN CREEK AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated this contract is for the
replacement of a bridge on Weld County Road 13 over the St.Vrain Creek. He stated the contract amount
is $272,670.00 for engineering and construction management only. He further stated there is an 80/20
cost split between CDOT and the County. Commissioner Jerke moved to approve said contract and
authorize the Chair to sign. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER LETTER OF AGREEMENT FOR FORENSIC INVESTIGATION AND INTERNAL CONTROL
REVIEW FOR WELD COUNTY TREASURER'S OFFICE AND AUTHORIZE CHAIR TO SIGN-DELOITTE
AND TOUCHE, LLP: Mr. Warden stated the firm of Deloitte and Touche, LLP, will conduct a forensic
investigation and internal control review of the Treasurer's Office due to recent events, and came at the
recommendation of Claud Hanes,Comptroller,and the County Council. Mr.Warden stated County Council
Chair, Dwaine Kurtz, has submitted a letter recommending approval of this agreement and the
supplemental funding to cover the audit cost. Mr. Warden stated the firm is very qualified, and the District
Attorney has reviewed the agreement and recommends approval. He stated the audit services will be
billed at$220 per hour, with the total not exceeding $34,000.00. In response to Chair Geile, Mr. Warden
stated the review will start tomorrow and should be completed within two weeks. Commissioner Jerke
moved to approve said Letter of Agreement and authorize the Chair to sign. The motion was seconded
by Commissioner Long, and it carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - COLORADO MOSQUITO CONTROL: Mr. Barker stated this is a standard GIS
agreement for use of geographic data by Colorado Mosquito Control, which does work for the City of
Loveland. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE BY WELD COUNTY, COLORADO, OF ITS
ADJUSTABLE RATE REVENUE BONDS (MAK GROUP, LLC, LEASING TO WALL TECHNOLOGY,
INC.): Mr. Warden stated due to various changes made to the notice, this matter needs to be continued
to June 20, 2001, at 9:00 a.m. Commissioner Masden moved to continue said matter to June 20, 2001,
at 9:00 a.m. Commissioner Jerke seconded the motion, which carried unanimously.
Minutes, June 11, 2001 2001-1576
Page 3 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT
COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, S#557-DONALD LAFAVER:Julie
Chester, Department of Planning Services,stated the Departments of Public Works and Planning Services
have inspected the site and all improvements for Planned Unit Development Final Plan,S#557, have been
completed. She stated staff recommends release of the collateral, and requests replacement collateral
in the amount of $6,517.50 be submitted to be held for one year. Ms. Chester stated the applicant has
indicated a Certificate of Deposit will be submitted upon release of the original collateral. Commissioner
Masden moved to cancel the existing collateral, in the amount of $83,499.00, and accept replacement
collateral in the amount of $6,517.50, for Planned Unit Development Final Plan, S #557, for Donald
LaFaver. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT
COLLATERAL FOR SITE PLAN REVIEW, SPR #314 - T.S. SKYWAY, LLC: Ms. Chester stated the
Department of Planning Services recommends release of the original collateral, with submittal of
replacement collateral in the amount of$4,000.00 for landscaping improvements, to be held for one year.
Don Carroll, Department of Public Works, stated the applicant has completed all of the transportation
requirements and he recommends approval of the cancellation and release. Commissioner Masden
moved to cancel the existing collateral, in the amount of $223,911.00, and accept the replacement
collateral in the amount of $4,000.00, for Site Plan Review, SPR #314, for T.S. Skyway, LLC.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER SETTING A NEW HEARING DATE TO DETERMINE WHETHER GOOD CAUSE EXISTS
FOR REVOCATION OF SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1198 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (BRINE WATER
DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT: Mr. Barker stated at the direction of the
Board, staff scheduled this matter to consider the setting of a hearing date prior to the hearing previously
scheduled for July 25, 2001. He stated Mr. Cervi could not attend today's meeting, and he recommends
this matter be continued to June 18, 2001,and to set a new hearing date at that time. Commissioner Jerke
moved to approve the Resolution,with a correction to the third paragraph to indicate the Board requested
an earlier hearing date, not the property owner. Commissioner Long seconded the motion. Mr. Barker
stated a notice for this date, as well as corrected notices indicating the continued date on June 18, 2001,
were provided to the applicant and surrounding property owners. In response to Commissioner Jerke, Lee
Morrison,Assistant County Attorney, stated he informed the applicant that this matter would not be set for
a hearing until June 18, 2001, which would allow Mr. Cervi to give testimony. He further stated the
applicant is willing to waive the ten-day notification period for a formal hearing on June 25, 2001, at 10:00
a.m. In response to Chair Geile, Mr. Morrison gave a brief case summary for the record. Commissioners
Jerke and Long withdrew their motion. Commissioner Jerke moved to continue this matter to Monday,
June 18, 2001, at 9:00 a.m., due to scheduling conflicts of the facility operator. Commissioner Long
seconded the motion, which carried unanimously.
CONSIDER CORRECTION TO PLANNED UNIT DEVELOPMENT FINAL PLAN, S#591 -CENTER FOR
ATHLETIC PERFORMANCE: Sheri Lockman, Department of Planning Services, stated the request to
relocate a drainage and utility easement will affect Lots 3, 4, 13, 14, and Outlot D, Block 2 of the Vista
Commercial Center. She stated the relocation purpose is to allow the construction of one large structure
on six lots. Ms. Lockman gave a brief description of the located and surrounding uses, and stated the
Department of Planning Services determined that the proposal is consistent with County Code. She further
stated three referral agencies responded favorably, and the comments submitted by the City of Longmont
and Mountain View Fire Protection District did not pertain to the request.
Minutes, June 11, 2001 2001-1576
Page 4 BC0016
In response to Commissioner Jerke, Mr. Carroll stated the Department of Public Works and the Utility
Board have reviewed this proposal to ensure the relocation will not negatively impact the existing utilities
and site drainage. He further stated the applicant will reroute the drainage to a major facility which will
collect the drainage.
Art Eurich, Pickett Engineering, represented the applicant,and in response to Commissioner Masden, Mr.
Eurich stated there is a retention pond for the entire area which will receive the rerouted drainage. Mr.
Eurich stated Outlot D was originally intended as an open area because it is located on a high point of the
site which does not gather much drainage. The new drainage location will use a 36-inch pipe which will
empty into the pond. He further stated there is an existing drainage easement on the east boundary, so
the two easements will overlap. Mr. Carroll clarified the Site Plan Review application requires a preliminary
drainage plan which should indicate runoff at a historical rate. He stated the original utility and drainage
easement on the east will be vacated and replaced with the easement from this request.
Commissioner Jerke moved to approve said corrected Planned Unit Development Final Plan, S#591, for
the Center for Athletic Performance. Commissioner Masden 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 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
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WELD CO NTY, COLORADO
ATTEST: �� 'k��� ,,
Weld County Clerk to the B trd ° st
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, Glenn Vaad, Pro-Tem
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Deputy Clerk to the Boar.:( I , ,' i
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David E. Long N
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Minutes, June 11, 2001 2001-1576
Page 5 BC0016
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