HomeMy WebLinkAbout20102576.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 25, 2010
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, October 25, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 20, 2010, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Gary Gerrard, Gerrard Excavation, stated they recently built a new facility and part of
the construction included completion of a Road Improvements Agreement and he is asking for
reimbursement for some of the work that was performed. He submitted a photograph and a written
proposal, marked Exhibits A and B, and explained they spent $262,811 to build a portion of County
Road 13. Mr. Gerrard stated since that time the County completed the remainder of the road up to the
intersection of State Highway 402 and County Road 18, and the portion completed by Gerrard
Excavation was left as permanent improvements. In response to Chair Rademacher, Mr. Gerrard
stated his written request has been provided to the Department of Planning Services. Commissioner
Long stated he felt this was a good chance for Mr. Gerrard to provide a brief explanation of the matter
and allow the Board the opportunity to determine whether to pursue the matter through a work session
discussion. He stated he is willing to review this particular instance, as well as the overall policy
regarding road work that is done prior to, or following, County road improvements projects. Mr. Gerrard
referred to the History portion of Exhibit B and explained that rather than simply providing dust control,
they opted to do an asphalt overlay and as they progressed they had to strip up all existing road base
to meet County standards, which resulted in additional cost. Trevor Jiricek, Department of Planning
Services, stated he has been working with Nathan Gerrard, Gary Gerrard's son, and received a draft
version of the proposal on Friday, October 22, 2010. Upon conversing with Commissioner Coordinator
Long, it was determined the best option was to present the issue during Public Input and review the
k-C) 2010-2576
Minutes, October 25, 2010
�� Page 1 BC0016
details further during a work session. Mr. Gerrard, Sr., stated they have constructed a temporary office,
and they were initially required to pay the road impact fee; however, staff later reimbursed the amount,
since they had already made a substantial investment in improving the road. Commissioner Long
requested the Gerrards be extended an invitation when the work session is scheduled.
Doug Meyer, county resident, stated there was a notice in the newspaper concerning an appeals
process for the Watershed Improvement Project on the Pawnee National Grassland. He stated
appeals are due within 45 days. He also thanked the Board and staff for their courtesy and treatment
of Mr. Hoeffner. He stated he has informed area residents that if they have issues and present them to
the Board in a polite manner, that they will be listened to, and that they should attempt to come with
proposed solutions to their problems for the Board to consider.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 19.5 BETWEEN CRS 34 AND 38: Janet Carter,
Department of Public Works, requested approval of a temporary closure on County Road 19.5,
between County Roads 34 and 38, starting November 1, 2010, through November 15, 2010, to replace
a 36-inch culvert. She stated the average daily traffic count on County Road 19.5 is approximately 492
vehicles, the detour route is paved, and they will be using standard road signs, barricades, and
message boards for traffic control. Commissioner Long moved to approve said temporary closure.
Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 54 BETWEEN CR 17 AND SH 257: Ms. Carter stated
this request is being made on behalf of Mountain Constructors which is placing a traffic signal at the
intersection of County Road 54 and State Highway 257, commencing October 18, 2010, and
anticipated to reopen on November 12, 2010. She stated the average daily traffic count on County
Road 54 was approximately 3,268 vehicles, taken in October, 2009, and message boards were placed
in advance of the closure. In response to Chair Rademacher, Ms. Carter indicated the entire detour
route is paved. Responding to Commissioner Conway, Ms. Carter stated the Greeley portion was
previously closed, and this request is for the Weld County portion extending west to County Road 17.
Commissioner Garcia moved to approve said temporary closure. Commissioner Long seconded the
motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 69 BETWEEN CR 380 AND U.S. HWY 34: Ms. Carter
requested approval of the temporary closure of County Road 69, from November 1, through
November 5, 2010, to replace a 48-inch drainage culvert. She stated the average daily traffic count on
County Road 69 was approximately 83 vehicles, in 2009, water will be used for dust control on the
detour route, and staff will be using standard signs and barricades for traffic control. Commissioner
Conway moved to approve said temporary closure. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
On a separate matter, Commissioner Kirkmeyer mentioned there was another fatal accident on County
Road 13 at County Road 6, and there appears to be a sight distance problem, in addition to high
speeds, therefore, she requested staff review the area and determine whether improvements are
necessary. Ms. Carter stated she does receive a report following any fatal traffic accident, and she
does inspect the locations in every instance to determine if improvements are warranted. Chair
Rademacher suggested rumble strips may also be helpful.
Minutes, October 25, 2010 2010-2576
Page 2 BC0016
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CRS 76 AND 85 AND AUTHORIZE CHAIR TO SIGN - ANTELOPE ENERGY COMPANY, LLC: Don
Carroll, Department of Public Works, stated this agreement is concerning the upgrade and
maintenance of a portion of County Road 76 section line, extending west from County Road 85 for
approximately one mile. He stated the company intends to use public right-of-way to access the
property, and he has received no input from surrounding property owners, therefore, he recommends
approval. No public testimony was submitted regarding this matter. Commissioner Long moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
CONSIDER APPLICATION FOR FASTER TRANSIT GRANT AND AUTHORIZE CHAIR TO SIGN:
Elizabeth Relford, Department of Public Works, stated the application currently before the Board
indicates a request for Faster Transit local funds for two buses; however, she and Toby Taylor,
Department of Buildings and Grounds, met with the Colorado Department of Transportation (CDOT) on
Thursday and were encouraged to apply for two additional buses for fiscal year 2011. She explained
this is also a result of the overall plan to convert the fleet to compressed natural gas busses. Based on
the discussion with CDOT, she stated they would like to submit a revised request for two buses in fiscal
year 2011 and two additional buses in fiscal year 2012, which will double the match amount to a total of
$256,780. In response to Commissioner Conway, Ms. Relford stated although the legislature may
review the use of Faster Transit funds next year, this application will allow the County to acquire 2011
funds to ensure two ADA (Americans with Disabilities Act) compliant buses, and she is hopeful for a
successful outcome for 2012. Chair Rademacher stated he is not concerned with submitting this
application and depending on the outcome of the upcoming election, the County does not have to
accept. Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously. (Clerk's Note: Ms. Relford
provided an amended application document for Chair Rademacher's signature following the meeting.)
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - AAND G CONCEPTS, INC., DBA BEARS SPORTS SALOON: Bruce Barker, County
Attorney, stated the Sheriff's Office report indicates no concern with this renewal. In response to
Commissioner Garcia, Ken Poncelow, Sheriff's Office, stated the recent check point in the area did not
raise any concerns with the Bears Sports Saloon establishment. Commissioner Conway moved to
approve said renewal application and authorize the Chair to sign. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS
10, LLC (R6775984): Christopher Woodruff, Assessor, stated this and the following six items of
business are concerning 2009 assessed valuations for a series of lots in the Great Western Industrial
Park, 4th Filing. He stated this first petition is for Lot 4, Block 2; the petitioner has provided
documentation of agricultural production; and the request is consistent with a protest that was filed for
2010. He recommended approval of the abatement petition, in the amount of $3,283.51.
Commissioner Long moved to approve said petition for abatement, as recommended by staff. The
motion, which was seconded by Commissioner Conway, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS
10, LLC (R6775985): Mr. Woodruff stated for the reasons provided in the previous item of business, he
recommends approval of the abatement petition for Lot 5, Block 2, in the amount of $15,316.64.
Commissioner Conway moved to approve said petition for abatement, as recommended by staff.
Seconded by Commissioner Long, the motion carried unanimously.
Minutes, October 25, 2010 2010-2576
Page 3 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS
10, LLC (R6775986): Mr. Woodruff stated for the reasons provided in the previous item of business, he
recommends approval of the abatement petition for Tract A, in the amount of$4,920.14. Commissioner
Garcia moved to approve said petition for abatement, as recommended by staff. Commissioner
Conway seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS
10, LLC (R6775988): Mr. Woodruff stated staff recommends denial of the petition regarding Lot 2,
Block 3, as the site contains oil and gas tanks and there is no agricultural production. No public
testimony was offered concerning this matter. Commissioner Long moved to deny said petition for
abatement, as recommended by staff. The motion, which was seconded by Commissioner Garcia,
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS
10, LLC (R6775989): Mr. Woodruff stated the petitioner has submitted documentation of agricultural
production on Lot 3, Block 3, and he recommends approval of the petition for abatement, in the amount
of $6,709.28. Commissioner Conway moved to approve said petition for abatement, as recommended
by staff. The motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS
10, LLC (R6775990): Mr. Woodruff stated 2.8 acres of Lot 4, Block 3, are still in agricultural production;
however, the remainder of the parcel is leased to Vestas for storage of wind blades. Based on the
current uses, Mr. Woodruff stated he recommends approval of the petition, in part, with an abatement in
the amount of $1,398.25. Commissioner Conway moved to approve said petition for abatement, in
part, as recommended by staff. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS
10, LLC (R6775991): Mr. Woodruff stated the petitioner has submitted documentation of agricultural
production on Tract B, therefore, he recommends approval of an abatement in the amount of$4,203.71
for tax year 2009. Commissioner Long moved to approve said petition for abatement, as
recommended by staff. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PERMIT TO CONDUCT GEOPHYSICAL OPERATION AND AUTHORIZE CHAIR TO
SIGN - ALLSTATE PERMIT SERVICES, LP: Mr. Barker stated Allstate Permit Services, LP, has
agreed to pay the $5.00 minimum per acre to conduct seismic testing, and he provided a general
description of the location. Commissioner Long moved to approve said permit and authorize the Chair
to sign. The motion was seconded by Commissioner Garcia. In response to Commissioner Kirkmeyer,
Mr. Barker explained the County owns the mineral rights at the specified locations, and the company
must also obtain permits to cross the surface. There being no further discussion, the motion carried
unanimously.
CONSIDER SEISMIC MINERAL PERMIT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
GEOKINETICS USA, INC.: Mr. Barker stated this request is similar to the previous item, and
Geokinetics USA, Inc., has agreed to pay $5.00 per acre, for a total of 21.70 acres. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Garcia, carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
- JILL WEELDREYER: Commissioner Kirkmeyer moved to approve the appointment of Jill Weeldreyer
Minutes, October 25, 2010 2010-2576
Page 4 BC0016
as a Deputy District Attorney and authorize the Chair to sign. Commissioner Conway seconded the
motion, which carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO KIVA PROPERTIES I, RLLLP,
AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated Kiva Properties I, RLLLP, has paid the
Treasurer, in the amount of $123.28, to clear the tax lien, and he recommends approval.
Commissioner Garcia moved to approve the assignment of said tax lien sale certification and authorize
the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO LEDIA AND LARRY MAESTAS
AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated Ledia and Larry Maestas have paid the
Treasurer, in the amount of$100.83, to clear the tax lien and he recommends approval. Commissioner
Long moved to approve the assignment of said tax lien sale certification and authorize the Chair to
sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO KEITH COWAN AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated Keith Cowan has paid the Treasurer, in the amount of $118,03, to
clear the tax lien and he recommends approval. Commissioner Conway moved to approve the
assignment of said tax lien sale certification and authorize the Chair to sign. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER CERTIFICATION OF SPECIAL ASSESSMENT - JAMES WRENFROW: Mr. Barker stated
the Board was presented with the Health Violation hearing in July, 2010, the property owner, James
Wrenfrow, was provided notice to have the site cleared within 24 hours, and upon failure to do so, the
Board subsequently authorized Troy Swain, Department of Public Health and Environment, to accept a
bid to have the work done. He stated the contract work cost $3,490.00, in addition to $332.04 for
Mr. Swain's staff time. In response to Commissioner Conway, Mr. Swain stated all of the household
trash has been removed from the site. Responding to Commissioner Kirkmeyer, Mr. Swain stated the
Board did conduct a Show Cause hearing on September 8, 2010, which was continued to December 8,
2010, and Planning staff will need to address whether the site conditions are in compliance with the
Use by Special Review Permit. He did confirm there are no remaining Health concerns; however, the
issue of parking trash trucks on the site has been referred to the Department of Planning Services.
Commissioner Conway moved to approve the certification of Special Assessment against the property
owned by James Wrenfrow. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Kirkmeyer
moved to appoint Julia Zanon to the Workforce Development Board, with a term to expire
December 31, 2011. Commissioner Conway seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2010-9, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2010-9 by title only.
Commissioner Conway seconded the motion, which carried unanimously. Mr. Barker read said title for
the record and indicated there have been no changes since second reading. No public testimony was
offered concerning this matter. Commissioner Kirkmeyer moved to approve Code Ordinance #2010-9
on Final Reading. Chair Garcia seconded the motion, which carried unanimously.
Minutes, October 25, 2010 2010-2576
Page 5 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #554 - IDAHO CREEK, PHASE 3 - KB HOME OF COLORADO,
INC.: Rich Hastings, Department of Public Works, stated the developer has requested final release of
the collateral being held for Phase 3 of Idaho Creek PUD. He gave a brief description of the location of
the site and indicated the developer has completed all of the required items to staffs' satisfaction and
he recommends final release of the collateral. In response to Commissioner Kirkmeyer, Mr. Hastings
explained KB Homes provided its proportional share for the traffic signal earlier in the year, which is
being held until such time as the signal is constructed. He explained this has been a complex case,
with separate improvements agreements for each of the three phases, an off-site agreement, and an
agreement for the outdoor educational classroom. Commissioner Conway moved to approve said
cancellation and release of collateral for S #554, as recommended by staff. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED USE BY
SPECIAL REVIEW PERMIT #1105 - KELLY AND ANNA BERNDT / GREAT GUNS SPORTING, LLC:
Mr. Hastings explained this collateral was required for the expansion of an existing facility, and he gave
a brief description of the location of the site. He stated the property owners have completed the
roadway that connects to the pistol and rifle ranges, which are built to NRA (National Rifle Association)
specifications; it is a clean facility that is an asset for the surrounding community; and he recommends
approval of a partial release of collateral, with the remainder to be held for a period of one year as
warranty collateral. Commissioner Garcia moved to approve said partial cancellation of collateral for
AmUSR#1105. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (ON-SITE ONLY), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1721 - DAN'S CUSTOM CONSTRUCTION,
INC.: Mr. Hastings gave a brief description of the location of the site, which is used for the storage of
construction-related equipment. He stated the agreement and collateral have been verified by the
County Attorney's Office, and the amounts have been deemed acceptable to staff to cover the
necessary work. Commissioner Garcia moved to approve said agreement, authorize the Chair to sign,
and accept the collateral for USR #1721. Commissioner Conway seconded the motion, which carried
unanimously.
CONSIDER RESCINDING RESOLUTION #2010-1246, DATED JUNE 16, 2010, FOR USE BY
SPECIAL REVIEW PERMIT #1737 - TROY AND JUDY HEFNER: Mr. Barker explained this process is
in place for Use by Special Review (USR) permit applications which have been approved by the Board,
yet the applicant has failed to complete the conditions of approval and record the plat within the
designated time frame. He stated the applicants have been contacted by staff on numerous occasions,
they have been provided adequate notice of this hearing, and procedurally the Board does have the
option of rescinding the original approval.
Michelle Martin, Department of Planning Services, stated on June 16, 2010, the Board approved the
applicants' request for a Site Specific Development Plan and Use by Special Review Permit for a
Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District (storage of
commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service
Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services
on a fee or contract basis, including: farm equipment sales, repair and installation facilities, and one (1)
Single Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld
County Code, in the A (Agricultural) Zone District. She further stated Condition of Approval #7 requires
the completion of the Condition of Approval and recording of the plat within 60 days, and as of
Minutes, October 25, 2010 2010-2576
Page 6 BC0016
October 7, 2010, none of the items had been completed. Ms. Martin noted that since that time the
applicants have been diligently working on the various requirements and she believes an additional 30
days would be sufficient to complete the work and record the plat.
Judy and Troy Hefner, applicants, were present to answer questions. In response to Commissioner
Garcia, Mr. Hefner asked whether the additional 30 days was for completing the plat preparation or of
the actual work projects. Ms. Martin stated the work needs to be done in order to record the plat. In
response to Commissioner Kirkmeyer, Ms. Martin reviewed the first four Conditions of Approval for the
record.
Trevor Jiricek, Director, Department of Planning Services, stated the applicants have the option of
expanding the existing septic system or installing a new one and the condition is written such that the
work must be done before the plat may be recorded. He further stated a septic installation should be
completed in a relatively short amount of time because there are a lot of contractors currently looking
for work; however, it will be a substantial monetary investment.
Ms. Martin reviewed the remaining Conditions of Approval for the record. Ms. Hefner stated they have
pulled building permits for the septic system and bathroom construction. Chair Rademacher suggested
a 60-day continuance may be more realistic. Mr. Hefner requested a six-month continuance due to
financial issues and the approaching winter weather conditions. In response to Commissioner Conway,
Ms. Martin stated the septic system will require a finalized building permit and payment for engineering,
and other related costs. In response to Commissioner Kirkmeyer, Ms. Hefner stated the permitted uses
already exist on the property, and Ms. Martin confirmed the applicants have started making progress in
the last two weeks since she sent the notification letter. Ms. Hefner indicated they did not receive a
copy of the finalized approval Resolution until 45 days after the hearing, which also delayed their
survey work. In response to Commissioner Garcia, Ms. Martin explained there was no activity until she
sent the notice letter and on June 16, 2010, the applicants agreed to the terms of the Resolution which
provided they were to have the work completed within 60 days. In response to Commissioner
Kirkmeyer, Mr. Jiricek stated although it has been four months since the hearing, there are no
outstanding health issues at the site, and if the Board deems it advisable, staff will work with the
applicants for the next 180 days to ensure the work is finalized. Responding further to Commissioner
Kirkmeyer, Ms. Martin stated she is not familiar with how the violation was initiated; however, if there
was a complainant, they were not notified of today's hearing. In response to Commissioner Conway,
the applicants indicated the delay was a result of some confusion on their part and some financial
setbacks. Commissioner Kirkmeyer stated she recognizes the monetary investments and approaching
weather issues, therefore, she moved to continue the matter to April 25, 2011, at 9:00, at which time all
of the work should be completed and the plat recorded. Commissioner Conway seconded the motion
and advised Mr. and Mrs. Hefner that they will receive no further notice on this matter, therefore, he
urged them to finalize the work prior to the next scheduled hearing date so the matter may be closed.
Commissioner Garcia also recommended they practice better communication with staff if they have any
questions to avoid further confusion and delay. There being no further discussion, the motion carried
unanimously.
CONSIDER RESCINDING RESOLUTION #2010-1304, DATED JULY 14, 2010, FOR USE BY
SPECIAL REVIEW PERMIT #1725 - BRIAN AND SUSAN WILLIAMS: Ms. Martin stated on July 14,
2010, the Board approved the application of Brian and Susan Williams for Site Specific Development
Plan and Use by Special Review Permit #1725 for a Use Permitted as a Use by Right or Accessory
Use in the Commercial Zone District (landscaping business) in the A (Agricultural) Zone District. She
stated Condition of Approval #9 requires that the plat be recorded within 30 days and to date much of
the work has not been completed. She further stated the applicant recently applied for a building
permit, submitted a Dust Abatement Plan which has been approved by the Department of Public Health
Minutes, October 25, 2010 2010-2576
Page 7 BC0016
and Environment, and they have applied for an existing septic system. In response to Chair
Rademacher, Ms. Martin reviewed the various Conditions of Approval and indicated which items have
been completed and which are still outstanding.
Brian Williams, applicant, was present to answer questions. Mr. Williams stated he has been dealing
with several personal matters which have prevented him from completing the work prior to this time;
however, several weeks ago he did go to the Health Department to apply for the minor septic repair
permit and he still needs to follow up on the issue of his Waste Handling Plan and his plans for the
washing of vehicles. He stated the landscaping/screening, consisting of 200 trees, is being delivered
from Oregon, which was previously delayed due to seasonal harvest conflicts on the adjoining property.
He stated he is also waiting on a revised letter from the Little Thompson Water District regarding the
irrigation of landscaping. Mr. Williams requested a 30-day extension to complete the remaining items.
In response to Chair Rademacher, staff deemed the 30-day request adequate. In response to
Commissioner Conway, Mr. Barker stated the matter may be continued; however, Commissioner
Kirkmeyer suggested granting a 30-day extension which will not require the matter to come back before
the Board unless the plat is not recorded within that time. Commissioner Kirkmeyer moved to grant the
applicants a 30-day extension to complete the necessary Conditions of Approval and record the plat.
Commissioner Conway seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2010-9 was approved on Final Reading.
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 10:08 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Doug a= Rademac er, hair
Weld County Clerk to the Board Tsai � _I G�
4- A jjj air.
arbara Kirkmeyer, ro-Tem
BY: Yl_.i 1 2i i � ��
De u v Clerk t the Board -��
Sean P. pnway
‘/(1, /
m F. Garcia
coo L�__
David E. Long
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Minutes, October 25, 2010 2010-2576
Page 8 BC0016
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GERRARD EXCAVATING OFF-SITE IMPROVEMENTS TO WCR13
USR-1584
HISTORY
• Gerrard originally proposed to pave the section of WCR13 from US34 to the UP
railroad crossing as part of its submission of USR-1584
• Gerrard's intentions were to put down a minimal layer of asphalt over the existing
gravel roadway(impervious surface for dust control) with minor re-grading at the
Great Western Railroad crossing that would be temporary since Weld County had
plans to upgrade the road in the next 2-3 years; estimated costs were around
$75,000
• Gerrard anticipated that the Road Impact Fees for it's project would be less than
the cost to pave WCR13 and requested they be waived to offset part of this cost
• The Department of Planning Services sent the"idea" of the offer to Public Works
• Public Works indicated that they did not have any problems as long as Gerrard
entered into an Off-Site Improvements Agreement, apparently not understanding
the intention of the offer
• The USR was approved with the Off-Site Improvements Agreement stipulation
• Gerrard proceeded move forward with the site
• The County sent what appeared to be a boiler plate Off-Site Improvements
Agreement
• During review of the Off-Site Improvements Agreement, it was discovered that
the requirement stipulated in the agreement was to widen the road by 8 feet. The
road was currently 24 feet wide without shoulders. The Agreement called for 24
feet of roadway with 4 foot shoulders.
• In some places this requirement could make the road up to 48 feet wide requiring
and could require;
o substantial fill and re-grading
o utility relocation
o rail crossing expansion
o several new culverts and irrigation ditch relocations and extensions
o tree removal
o driveway reconstruction
o redesign of the intersection at the US34 frontage road '
o encroachment outside of the Right of Way nit R- , =x
All of this additional work made Gerrard's entire project infeasible.
1
• Gerard suggested that they go back to doing dust control, but the offer to pave
had now become a requirement
• A compromise was eventually agreed upon to build the 4 foot shoulders where
possible, regardless the road was now required to be engineered and reconstructed
costing thousands of extra dollars
• Gerrard was forced to sign the Off-Site Improvements Agreement in order to
finalize the USR and get building permits to go vertical. The grading and F&F
permits were issued in anticipation that the Off-Site Improvements Agreement
would be worked out, the bulk of the grading and foundation construction was
completed and materials for vertical construction were being delivered
• During construction of WCR13, the County determined that the existing road base
was substandard and required the pavement section to be redesigned again adding
tens of thousands of dollars in additional new road base and engineering that had
not been anticipated
• The road was completed at a cost to Gerrard of$262,811,had Gerrard been paid
to do this work it would have charged $282,000.
• Gerrard requested the Road Impact Fees be waived for all buildings on Gerrard's
site, that request was denied and then appealed
• The County paved the remaining unpaved portion of WCR13 leaving the portion
Gerrard constructed in place
• The Road Impact Fees paid thus far of approximately $6,000 have been refunded
PROPOSAL
Gerrard is requesting that it be refunded for a prorated portion of the improvements it did
to WCR13 that were not temporary, partially offset with a credit for future Road Impact
Fees for its property
Costs to construct WCR13 totaled $262,811
Design ended up being a 10 year road which has been used by the public for 3
years before the remainder of the road was finished
Gerrard's portion: $262,811 x 1/3 = $87,604
Weld County's portion: $262,811 - $87,604= $175,207
➢ Refund Amount: $175,207
➢ Waive future Road Impact Fees up to $81,539 ($87,604—refund amt $6,065)
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TIMELINE
9/25/06—USR Application submitted
10/13/06—Memo from Public Works to Planning Dept. received with no apparent
problems only that an Off-Site Improvements Agreement would need to be executed for
WCR13
2/12/07-Initial request to waive Road Impact Fees sent to Brad Mueller via email
2/22/07-USR Approved by the County
3/07—Off-Site Improvements Agreement received, design of WCR13 started
4/9/07—Proposed letter from Gary to Donald Carroll and Brad Mueller regarding the
widening and rebuilding of WCR13 in the proposed Off-Site Improvements Agreement
and a history of events thus far
4/10/07—Meeting with Public Works, Engineer and Gerrard to discuss the scope of work
to be done to WCR13 and present thoughts from the above referenced letter
4/24/07—Memo from Donald Carroll to Brad Mueller stating the items discussed in the
above referenced meeting
5/16/07—Package submitted to Public Works containing finalized Off-Site
Improvements Agreement with exhibits including WCR13 plans and Impact Fee Waiver
Request Letter
6/11/07—Memo from David Bauer to Brad Mueller regarding WCR13 Plans requesting
geotechnical report,profiles for rail crossings, cross sections for swales, erosion and
sediment control plan, cut and fill calculations and traffic control plan
6/13/07—Meeting with Dave Bauer regarding width of WCR13, the extra cost involved
in reconstructing the road vs. our initial proposal and just doing dust control instead
6/14/07—Email to Dave Bauer regarding the above mentioned meeting and status of
finalizing USR exhibit because of Off-Site Improvements Agreement
6/21/07—EEC geotechnical report and pavement design submitted
6/26—6/27/07—Phone conversations with Dave Bauer regarding rejection of pavement
design by EEC, adding an additional 1" of asphalt will add $30,000 to the cost of the road
7/3/07—Letter from Planning Coordinator regarding Road Impact Fees,they will be
deferred, not waived
9/5/07—Final draft of Off-Site Improvements Agreement signed by Gerrard
9/17/07-Off-Site Improvements Agreement signed by the County
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10/2/07—Resolution approving Off- Site Road Improvements Agreement and accepting
collateral passed
10/2/07—Construction of WCR13 begins
10/5/07—Email to Brad Mueller regarding status of construction and email to David
Bauer, inspector determined that existing road base was substandard and required that it
be replaced with new to establish the 12" sub grade
10/11/07—EEC pavement redesign received based on instructions from Weld County
that the improvements are not temporary— 10 year road instead of 2-3
12/1/07—Punch list for WCR13 completed
2008—Bridge replaced over Big Thompson River
2/9/09—Letter received from County that design has been started for paving WCR13
south of the UP track to Big Thompson River
10/12/10—Paving of WCR13 south of UP track to Big Thompson River completed
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