HomeMy WebLinkAbout20001371.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 5, 2000
TAPE #2000-18
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 5, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter
Commissioner Dale K. Hall
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 Hall moved to approve the minutes of the Board of County Commissioners
meeting of May 31, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on May 31, 2000, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit #1261, Mike and Heather Hathaway; 2) A Site Specific Development Plan and Use by Special
Review Permit #1263, Tracy and Mikele Wright; and 3) Change of Zone #536, Robert Parsons.
Commissioner Geile seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
PROCLAMATIONS:
GREELEY INDEPENDENCE STAMPEDE DAYS, JUNE 22 - JULY 4, 2000: Chair Kirkmeyer read the
certificate proclaiming June 22 through July 4, 2000, as Greeley Independence Stampeded Days. Steve
Holdren,Greeley Independence Stampede Committee representative,read a proclamation into the record
for the 78th Annual Greeley Independence Stampede.
PUBLIC INPUT: There was no public input.
2000-1371
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $866,203.48
Electronic Transfers -All Funds $133,330.50
Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER SINGLE ENTRY POINT AGENCY CONTRACT FOR LONG TERM CARE AND AUTHORIZE
CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated under this contract, a maximum
of $406,980.00 will be used to provide long-term care options through the Area Agency on Aging.
Commissioner Vaad moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR EMPLOYMENT AND TRAINING PROGRAMS AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman, stated this is a three-year agreement for the Workforce Investment
Grant. Mr. Speckman under this agreement, the Department of Human Services will implement
employment and training programs, beginning July 1, 2000, through June 30, 2003. Commissioner Vaad
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter,
the motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Commissioner Hall moved to approve said entry. Commissioner Baxter seconded the
motion, which carried unanimously.
CONSIDER AGREEMENT FOR 2000 PAVEMENT TESTING PROGRAM AND AUTHORIZE CHAIR TO
SIGN - STANTEC CONSULTING, INC.: Frank Hempen, Jr., Director of Public Works, stated under this
agreement Stantec Consulting, Inc., will continue to provide pavement tests. For these services, the
Department of Public Works will reimburse Stantec Consulting, Inc., in the amount of $33,044.00. Mr.
Hempen stated one hundred miles of road will be tested and he recommends approval. Commissioner
Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Hall, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
SUSAN KNOX: Commissioner Hall moved to appoint Susan Knox as a Deputy District Attorney and
authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried
unanimously.
CONSIDER VICTIMS OF CRIME ACT(VOCA)ASSISTANCE GRANT APPLICATION AND AUTHORIZE
CHAIR TO SIGN: Gary Rathke, 19th Judicial District Attorneys Office representative, recommended
approval of this grant application. Mr. Rathke reviewed the grant amounts and stated the additional funds
will be used to hire a half-time position and supplement the family court activities which will be moving into
the Centennial Center in the fall. In response to Commissioner Baxter, Mr. Rathke stated this is a
competitive grant application. Commissioner Baxter moved to approve said application and authorize the
Chair to sign. Commissioner Geile seconded the motion, which carried unanimously.
Minutes, June 5, 2000 2000-1371
Page 2 BC0016
CONSIDER RESOLUTION RE: SUPPORT OF COLLABORATIVE EFFORTS OF ST. VRAIN VALLEY
SCHOOL DISTRICT AND PARTICIPATION IN GROWTH IMPACT ALLIANCE PROJECT: Commissioner
Vaad moved to approve said resolution. Commissioner Baxter seconded the motion, which carried
unanimously.
CONSIDER DISCONTINUANCE OF LONG-TERM CARE BIO-ETHICS COMMITTEE AS A BOARD OR
COMMITTEE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY: Bruce
Barker, County Attorney, stated Bio-Ethics Committee has requested that its members no longer be
appointed by the Board of Commissioners and that all other ties be ended. Mr. Barker stated the
Resolution indicates the termination of the Committee as a county-appointed entity, and he explained the
Committee will no longer receive Weld County insurance coverage. Commissioner Vaad moved to
approve the discontinuance of the Long-Term Care Bio-Ethics Committee as a Board or Committee
appointed by the Board of County Commissioners of Weld County. Commissioner Hall seconded the
motion, which carried unanimously.
CONSIDER ELECTION BY ACCLAMATION OF TEMPORARY CHAIR FOR JUNE 12, 2000, BOARD
MEETING: Commissioner Vaad moved to elect Commissioner Dale Hall by acclamation as a temporary
Chair for the June 12, 2000, Board meeting. Commissioner Geile seconded the motion, which carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW, SPR#307 - SKYWAY DRIVE, LLC, C/O
WENDELL PICKET: Kim Ogle, Department of Planning Services,stated the County Attorney's Office, and
Departments of Public Works and Planning Services have reviewed the Improvements Agreement and
form of collateral and recommend approval. Commissioner Baxter moved to approve said agreement,
authorize the Chair to sign, and accept Irrevocable Letter of Credit #STR15877, in the amount of
$87,667.31. The motion, which was seconded by Commissioner Hall, carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW, SPR #317 - CANNON PROPERTIES,
INC./WESTERN REFRACTORY, C/O PATRICK CANNON: Mr. Ogle stated the applicant has submitted
two alternatives of collateral in lieu of a Letter of Credit. He stated the County Attorney's Office has
reviewed proposed forms of collateral and is not familiar with a Letter of Guarantee; however, a Money
Market Account in the amount of$9,793.36 appears to meet the intent of collateral. Mr. Ogle stated the
funds will ensure completion of landscaping, fencing, and line painting within the parking lot. He further
stated the Department of Public Works has reviewed the estimated improvements amount for parking
stripes and reports that the amount appears to be adequate. The Department of Planning Services
recommends approval of the estimated amounts for landscaping around the existing office and warehouse
facility. Lee Morrison,Assistant County Attorney, explained the proposed Money Market Account requires
a signature of the Board before money can be removed, and he feels this type of collateral will be a small
risk because it is for one parcel only. In response to Chair Kirkmeyer, Mr. Morrison stated the Board can
accept a form of collateral not listed in the five commonly accepted forms, if it feels the proposed collateral
will adequately cover any unfinished improvements. Responding to Commissioner Baxter, Mr Morrison
stated the applicant may be requesting this form of collateral as a less expensive option. In response to
Commissioner Hall, Mr. Morrison reviewed the statements that have been submitted from Norwest
Investment Services, Inc. In response to Commissioner Geile, Mr. Ogle stated the collateral will be
required to exist for one year, the Improvements Agreement details the necessary landscaping, fencing,
and parking lot striping, and the road has already been constructed. Chair Kirkmeyer stated she is more
comfortable with accepting a Money Market Account because it is more consistent with the intent of
Minutes, June 5, 2000 2000-1371
Page 3 BC0016
collateral. Commissioner Geile moved to approve the Improvements Agreement, authorize the Chair to
sign, and Accept the Money Market Account held by Norwest Investment Services, Inc., in the amount of
$9,793.36. Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT FOR PRIVATE PARKING AND LANDSCAPING
IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT FORM OF COLLATERAL FOR SITE
PLAN REVIEW, SPR #318 - WYNJA VISTA, LLLP, C/O DAVID AND SANDRA WYNJA: Christopher
Gathman, Department of Planning Services, stated David and Sandra Wynja, owners, has submitted a
Loan Agreement held by Community First National Bank, in the amount of $88,563.00, which is not a
typically accepted form of collateral. In response to Chair Kirkmeyer, Mr. Morrison stated Mr. and Ms.
Wynja have not submitted an alternate form of collateral, and explained the Loan Agreement allows the
County to draw on the loan if the necessary improvements are not completed. He further stated with this
form of collateral, Weld County will be required to rely on the bank to ensure that the owners are not
allowed to use the funds for anything other than improvements to this site. Mr. Morrison stated he feels
accepting this form of collateral will pose a minimal risk to the County because it only affect one parcel.
He explained the owners will provide an alternate form of collateral if necessary; however, it will cost them
more. Responding to Commissioner Geile, Mr. Morrison stated the required types of improvements are
standard for this type of project and the collateral helps ensure that they are all completed. Mr Morrison
stated in the past there has been some exception to the five commonly accepted forms of collateral based
on certain circumstances; however, the Board is generally consistent if the forms of collateral that it will
accept. Commissioner Geile moved to approve the Improvements Agreement with the Condition that Mr.
and Ms. Wynja submit a Letter of Credit rather than the proposed Loan Agreement. Commissioner Vaad
seconded the motion. In response to Commissioner Baxter, Mr. Morrison stated he has discussed the
other options for collateral with the owners. Commissioners Geile and Vaad amended the motion to allow
the owners to submit one of the five commonly accept forms of collateral. The motion 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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ;LLA / i A /,f"
i• Barbara J irkmeyer, Chair
Weld County Clerk to th1 o
rc .&Le-1
i M. J. Geile, Pro-Tem
BY: GC`21
/
Deputy Clerk to the Bo ' N. Cc
� ti
ore Baxter
Dale K. Hall,
4t, !rite`
Glenn 'Jaad
Minutes, June 5, 2000 2000-1371
Page 4 BC0016
Hello