HomeMy WebLinkAbout20082501.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 15, 2008
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 15, 2008, 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 William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 10, 2008, as printed. Commissioner Rademacher seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on September 9, 2008, as follows: 1) Violation Hearings; and on September 10, 2008:
1) PZ #1079 - Schrage Living Trust; 2) CZ #1146 - Twenty-four Applicants, c/o Kapsak Law Firm; and
3) PF#1130-Gary and Vicky Mackey, and Bryon and Jamie Mackey. Commissioner Long seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,107,376.33
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Long seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 48 BETWEEN CRS 43 AND 47: Janet Carter, Department
of Public Works, stated County Road 48, between County Roads 43 and 47, will be closed from
September 15,2008,through September 18,2008,for a culvert replacement. She gave a brief description
of the detour route, indicated water will be utilized for dust suppression, if necessary, and stated no
message boards will be utilized for this closure. She stated the average daily traffic count is 56 vehicles,
and an unnamed creek passes through near the culvert. In response to Chair Jerke, Ms. Carter confirmed
the location of the culvert is southeast of the City of Evans. Chair Jerke commented that a major ditch runs
through the area which feeds the Latham Lake. Further responding to Chair Jerke, Ms. Carter indicated
the culvert was previously oversized at 72 inches, and it will be reduced to an appropriate size of 60 inches
when it is replaced. Commissioner Rademacher moved to approve said temporary closure. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 31 BETWEEN CRS 76 AND 74: Ms. Carter stated County
Road 31, between County Roads 76 and 74,will be closed from September 22, 2008,through October 31,
2008, for the replacement of Bridge 31/74A, which is an older bridge that has been declared structurally
unsound. She indicated message boards have been placed in the area to warn motorists, she gave a brief
description of the detour route, and indicated the average daily traffic count is 1,097 vehicles. In response
to Commissioner Long, Ms. Carter indicated there are not currently signs posted to warn motorists
traveling west; however,she will work with staff to have appropriate warnings placed. Commissioner Long
requested that dust suppression be provided on County Road 29, as the additional traffic will affect the
surrounding property owners,and he confirmed many of the motorists will readjust their habits for the short
term to utilize alternative roads. Commissioner Garcia moved to approve said temporary closure.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 72 BETWEEN CRS 25 AND 27: Ms. Carter stated County
Road 72, between County Roads 25 and 27, will be closed from September 22, 2008, through October 3,
2008, in order to replace Bridge 31/74A with a 60-inch elliptical reinforced concrete pipe(RCP). She gave
a brief description of the detour route, and indicated the average daily traffic (ADT) count is 76 vehicles.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT VARIOUS COUNTY ROAD
INTERSECTIONS: Ms. Carter stated the Department is seeking approval to install Stop signs at the
various intersections listed within Exhibit A. She indicated a majority of the thirteen intersections are "T"
intersections; however, two of the intersections are four-way intersections, and the Stop signs will be
placed at these intersections due to the amount of development surrounding the area. She clarified the
Department of Public Works is taking a pro-active approach to identify uncontrolled intersections
throughout the County,within developing areas, and the intersections have been identified pursuant to the
Manual on Uniform Traffic Control Devices (MUTCD). Chair Jerke indicated the intersection of County
Roads 50 and 41 is located directly east of the Town of LaSalle, County Road 50 is paved with a high ADT,
and County Road 41 is a gravel road with a low ADT, therefore, he is not sure why the Department is
recommending to place Stop signs for the eastbound and westbound traffic on County Road 50, in order
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to create a four-way intersection. Ms. Carter explained she has not visited the intersection; however, the
request may be due to site distance issues, or due to a complaint from a surrounding property owner. She
further clarified she does not have current traffic counts for these two roads. Chair Jerke indicated he does
not support the request, and he believes many of the surrounding property owners will be very unhappy
if a Stop sign were to be installed on County Road 50. Commissioner Rademacher indicated the intent
for these Stop signs is to stop the least traveled road, and in response, Chair Jerke indicated he believes
County Road 50 has an ADT count of more than 1,000 vehicles and is not aware of any site distance
issues within the area. Commissioner Long requested that the list provide more clarity as to which traffic
will be stopped and which traffic will continue to flow through the intersection. Chair Jerke indicated due
to his concern regarding the intersection of County Roads 50 and 41, he believes there may be concerns
with the other intersections as well,therefore,the intersections need to be discussed in detail. In response
to Chair Jerke, Commissioner Long concurred that the matter needs to be continued so that additional
information regarding the intersections may be provided. Commissioner Rademacher indicated he is
meeting with Pat Persichino, Director, Department of Public Works, later in the day, and he will bring up
the matter within his meeting. Chair Jerke requested that additional staff be present within a work session
to explain the need for the Stop signs, and indicate the various intersections on a map. Upon conferring
with the Acting Clerk, Commissioner Rademacher moved to continue the matter to September 29, 2008,
at 9:00 a.m. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 499 PERSONS ON
SEPTEMBER 26-28, OCTOBER 3-5, 10-12, 17-19, 24-26, AND OCTOBER 31-NOVEMBER 2 -
ANDERSON SOUTH FARM, LLC: Bruce Barker, County Attorney, stated pursuant to the Development
Standards of Use by Special Review (USR) Permit #1232, the applicant must apply for a Temporary
Assembly Permit whenever more than 499 persons are expected on the property at any one time. He
indicated the applicant has provided the necessary documentation, and requested the permit to cover six
dates, which are weekends within the Fall season, and he recommended approval. In response to Chair
Jerke, Mr. Barker indicated the USR permit allows the activities to take place on the site. Further
responding to Chair Jerke, Jim Anderson, applicant, indicated he has applied for an amendment to the
USR permit, which he has been working on for over two years, and the process has been delayed due to
the amount of issues to be resolved, and further by the destruction of an engineer's office within the
May, 2008, tornado. He confirmed the amendment to the USR has been submitted; however, a hearing
could not be scheduled before the events for this year's harvest season began, therefore, he is applying
for the Temporary Assembly Permit to remain in compliance with the current permit. He clarified all of the
usual attractions will be open this fall, including the corn maze and pumpkin patch, and the permit is
requested for the weekends which are expected to generate a large number of visitors to the site. He
further clarified the amended USR permit will make the need for a Temporary Assembly Permit obsolete
by next Fall. No public testimony was provided regarding the matter. Commissioner Rademacher moved
to approve said application. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RICHARD (HEIRS OF) AND
SUSAN DENISTON: Christopher Woodruff, Assessor, stated the petitioner filed a protest for year 2008,
an appraiser visited the property to complete a physical inspection, and modifications were made to the
value, therefore, the petitioner is allowed to file a petition for tax year 2007. He indicated the correction
to the assessed valuation, in the amount of$19,590.00, will create a refund in the amount of$1,534.86.
Commissioner Long moved to approve said petition, based upon staff's recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CURVES,C/O TOWERS WEALTH
MANAGEMENT, INC.: Mr. Woodruff stated this petition is for personal property, and the company
mistakenly reported assets which were actually located within Adams County. He indicated the correction
to the valuation will result in a refund in the amount of$1,112.95. Commissioner Garcia moved to approve
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said petition, based upon staff's recommendation. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - THANH HOANG AND HAN
NGUYEN: Mr. Woodruff stated the property is located within the Water Valley South Subdivision,and was
protested in year 2008. He indicated an appraiser completed a physical inspection and determined that
the original valuation for year 2007 included a full finished basement; however, the basement is only
partially finished, therefore, the value was reduced. He indicated the correction to the valuation will result
in a refund in the amount of$1,546.59. Commissioner Rademacher moved to approve said petition, based
upon staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT TO THE WORKFORCE DEVELOPMENT BOARD: Commissioner Garcia
moved to appoint Larry Jacks to the Workforce Development Board,as the labor union representative,with
a term to expire December 31, 2010. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME AT ROLLER AND ASSOCIATES AUCTION: Barb Connolly, Controller, stated the smaller
vehicles, listed within Exhibit A, have been declared as surplus and will be sent to the Roller and
Associates Auction on September 27, 2008, at The Ranch in Loveland. In response to Chair Jerke,
Ms. Connolly confirmed the list includes several vehicles from the Sheriff's Office, as well as the
Department of Public Works. Commissioner Long moved to declare said equipment as surplus property,
and authorize the sale of same. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ELIMINATION OF CHANGE FUND IN DEPARTMENT OF BUILDINGS AND GROUNDS:
Ms. Connolly stated since the Department of Buildings and Grounds now utilizes a P-Card for purchases,
the petty cash fund is not utilized,therefore,she recommends elimination of the fund. In response to Chair
Jerke, Ms. Connolly indicated the fund is in the amount of $200.00. Commissioner Garcia moved to
approve said elimination of change fund. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER AMENDMENT TO PROGRAM FOR CONTINUATION OF HEALTH INSURANCE FOR
FORMER WELD COUNTY EMPLOYEE OR ELECTED OFFICIAL NOW DRAWING BENEFITS FROM
THE WELD COUNTY RETIREMENT PLAN,TO BE REFERRED TO HEREINAFTER AS"OTHER POST-
EMPLOYMENT BENEFITS (OPEB) PLAN": Mr. Warden stated he has discussed the matter with the
Board and Department Heads within several discussions, and he presented a brief summary of the
creation of the plan,and subsequent amendments to the plan. He indicated the Governmental Accounting
Standards Board (GASB) recently issued Statements 43 and 45, requiring that government employers
account for the unfunded actuarial accrued liability,which results in a liability of approximately$13 million
for Weld County. He explained with the growth of medical costs, the County is seeking to balance the
financial liability of the taxpayers while being fair with employees, and all modifications to the plan have
been introduced within a five-year period before employees are impacted. He clarified employees with
more than 30 years of service will have five years to adjust to the modifications, and a majority of the
employees will actually have ten years to adjust. He further clarified the plan is currently limited to those
employees who were employed prior to October 1, 2005, and the amendment will further limit the criteria
for employees born prior to January 1, 1957, employed prior to October 1, 2005, and enrolled within the
health plan as of January 1, 2008, or, born before December 31, 1958, and have completed 30 years of
service prior to age 62. Mr. Warden explained this Resolution will amend the Plan, and a subsequent
Resolution will create a Retirement Health Savings (RHS) plan for the employees which do not meet the
age requirement cited within the amendment to this plan. He indicated the amount of benefit within the
RHS Plan will be limited to $150.00 per month, with a sliding scale, therefore, an employee with 20 years
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of service at age 62 will have an account worth approximately$18,000.00, which would provide $500.00
per month for the three-year period until the employee reaches the age of 65. He further indicated an
employee with 30 years of service will have an amount of approximately $30,000.00, and the monthly
amounts will be set by the Board of County Commissioners within the future. He clarified the current plan
is not a part of the Weld County Retirement Plan, nor is it a vested right of any employee, therefore, it may
be amended or terminated at any time by the Board of County Commissioners. He further clarified the
plan does not have to be continued to be funded if the Board is experiencing Budget constraints.
Mr.Warden indicated the RHS Plan will limit the liability of this plan, cutting the liability in half,and approval
of the Resolution will provide continuation of the plan for those employees within the age ranges previously
mentioned, and who were employed prior to October 1, 2005. In response to Chair Jerke, Mr. Warden
indicated the current plan will be ended in ten years and all obligations will be paid by year 2023. He
further indicated all employees are eligible for Medicare at the age of 65, therefore, the plan is designed
to provide a bridge for employees who may be able to retire at age 62, but need health benefits until the
age of 65. He stated Mr. Barker has reviewed the necessary documents, as well as the Department of
Human Resources, therefore, he recommends approval. Commissioner Long moved to approve said
amendment. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CREATION OF WELD COUNTY OTHER POST-EMPLOYMENT BENEFITS(OPEB)TRUST
AND APPOINTMENT OF WELD COUNTY RETIREMENT BOARD TO SERVE AS WELD COUNTY OPEB
BOARD: Mr. Warden stated the GASB Statements indicate that monies for the OPEB Plan must be held
in a trust, pursuant to Section 115 of the Internal Revenue Service(IRS) Code, since the income from the
trust is exempt from federal and state income tax. He indicated the amounts contributed to the trust are
irrevocably dedicated for the purpose of retiree health insurance and the trust must be legally protected
from creditors. He indicated the Trust has been customized through ideas from other jurisdictions, and
the Retirement Board will serve as the Board of Directors for the Trust, therefore, the funds will be allowed
to be managed in the same manner as the retirement funds. He clarified the Board is comprised of the
County Treasurer and four other members, and the funds within the Trust may be invested within stocks
and bonds for a higher return. He indicated the funds are expected to experience an eight percent return
over the life of the plan. He further indicated John Lefebvre, Treasurer, has held discussions with Wells
Fargo regarding the potential trust, which would create $1.9 million by the end of year 2008. Responding
to Chair Jerke, Mr. Lefebvre indicated he currently is the Chair for the Weld County Retirement Board,
which is typical for most County Treasurers within the State of Colorado. He further stated being the Chair
of the OPEB Board will be very similar to the duties he encounters as Chair of the Retirement Board.
Commissioner Rademacher moved to approve said creation and appointment. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER WELD COUNTY OTHER POST-EMPLOYMENT BENEFITS (OPEB) TRUST FUND
AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the agreement will be between
the Board of County Commissioners and the OPEB Trust Board, which was created by the previous
Resolution. He stated the agreement has been formatted in accordance with IRS standards, and it
contains the powers of the trust, duties of the Board members, restrictions regarding funds, etcetera. He
indicated the Retirement Board will meet on November 18, 2008, which will be the first meeting for the
OPEB Board. Commissioner Long moved to approve agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ESTABLISHMENT OF A RETIREMENT HEALTH SAVINGS (RHS) PROGRAM FOR
ELIGIBLE RETIRING WELD COUNTY ELECTED OFFICIALS AND EMPLOYEES, AND
ESTABLISHMENT OF WELD COUNTY RETIREMENT HEALTH SAVINGS TRUST FUND: Mr. Warden
indicated, as previously described, the RHS Program will be for employees hired prior to October 1, 2005,
but born after January 1, 1957, except for a handful of employees which were born prior to that date and
will have over 30 years of service with the County. He indicated the RHS Program is very similar to a 401K
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or 457 Plan, and the County will retain ownership, therefore, the employee may only utilize the funds to
pay Weld County health insurance premiums. He indicated the money may not be utilized towards other
health insurance premiums, in order to prevent adverse selection. He explained a sliding schedule has
been identified for contributions to the account for employees with ten years of service at age 52, or more
than 30 years of service prior to reaching age 62, and once an employee reaches 30 years of service, the
employee may draw on the account. He indicated the Board will establish the amount each year within
the budget process,and as scheduled right now,the employee will be able to utilize approximately$500.00
per month towards the health insurance premium, and the difference in cost will be paid by the employee.
He clarified the creation of the RHS Program eliminates the County's actuarial liability,therefore, it will not
be listed as a future liability, and will be funded prior to the retirement of the employee. In response to
Chair Jerke, Mr. Warden clarified the County is contributing the funds for the employees, and this program
does not contain employee contributions. He further clarified each employee will have to meet specific
criteria in order to draw benefits for the years between the retirement age of 62 and the age of 65 when
an individual may apply for Medicare. He indicated the program will cease once the last employee which
was hired before October 1, 2005, reaches retirement age. Mr.Warden stated any future Board of County
Commissioners may vote to stop the plan, and each year during the budget process, the Board will make
the determination of at what level the program will be funded. He indicated the previous plan created a
future liability which will be in effect until 2023, and at the time the plan was adopted by the Board in 1998,
it was against the recommendation of staff since it was funded on a "pay-as-you-go" basis. He clarified
the previous plan did have a provision to terminate at any time. Commissioner Rademacher moved to
approve said establishment of program and trust fund. Seconded by Commissioner Garcia, the motion
carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2008-11, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE
WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2008-11 by title only.
Seconded by Commissioner Long,the motion carried unanimously. Mr. Barker read said title in the record
and stated an amendment was made to Section 3-2-70, regarding conflicts of interest for outside
employment. Chair Jerke read Section 3-2-70 into the record and indicated the Board's position has been
made clear. No public testimony was provided concerning the matter. Commissioner Garcia moved to
approve the second reading of Ordinance #2008-11. Seconded by Commissioner Rademacher, the
motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2008-12, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF
THE WELD COUNTY CODE: Commissioner Long moved to read Ordinance #2008-12 by title only.
Seconded by Commissioner Garcia, the motion carried unanimously. Mr. Barker read said title into the
record and indicated the modifications within the Ordinance include a change to the definition of an
"owner"; the elimination that an owner must have an animal in its care for three days or more; the
elimination of the definition for a "vicious dog", which will now be cited in accordance with State statute;
and a modification to the number of dogs allowed on a property depending upon the size and location of
the property. He indicated an owner may not have more than four dogs, over six months in age, on a
property that consists of less than ten acres, or lies within a recorded subdivision, recorded Planned Unit
Development, or platted townsite; or more than eight dogs over six months in age on a property of more
than ten acres. He clarified the language within Section 14-4-20.A requires modification to state, "...if said
premises consists of ten (10) acres or less or lies within a recorded subdivision...", and the Board
concurred with the modification to replace the word "and" with the word "or". Chair Jerke indicated, in
regards to animals, possession is nine-tenths of the law. Mr. Barker clarified the previous language
presumed that if a dog was located at a residence for more than three days, the property owner was the
owner of the dog; however, now ownership must be proved. Responding to Chair Jerke, Mr. Barker
indicated the definition of vicious dog is deleted, and animal officers will defer to State statute for these
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types of violations. No public testimony was provided concerning the matter. Commissioner Long moved
to approve the second reading Ordinance #2008-12, as amended. Seconded by Commissioner
Rademacher, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-10, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Commissioner Rademacher moved to read Ordinance#2008-10 by title only. Seconded
by Commissioner Garcia, the motion carried unanimously. Mr. Barker read said title into the record and
stated there have been no modifications since first reading. No public testimony was provided concerning
the matter. Commissioner Rademacher moved to approve the final reading of Ordinance #2008-10.
Seconded by Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF
REPLACEMENT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1129 - THE
HOME RANCH, LLC: Chris Gathman, Department of Planning Services,stated the applicant is requesting
a partial release of collateral, in the amount of$262,844.37, and replacement collateral, in the amount of
$69,807.15, has been submitted to cover the fifteen percent warranty amount in addition to the remaining
landscaping improvements. He indicated the Departments of Planning Services and Public Works have
completed a site inspection, and recommend approval. Don Dunker, Department of Public Works,
confirmed the Department recommends the partial release of collateral. Commissioner Garcia moved to
approve said partial cancellation and release of collateral and acceptance of replacement collateral.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER REQUEST CONCERNING REVIEW OF CONDITIONS OF APPROVAL#2.J AND#2.K FOR
CHANGE OF ZONE, PZ#1116 (LONE TREE ESTATES PUD) -A BETTER JOB, INC., C/O TROY AND
ANGELA HAUER: Jacqueline Hatch, Department of Planning Services,stated the applicant has requested
that the Conditions of Approval for Change of Zone, PZ #1116, be reconsidered. She gave a brief
description of the uses allowed on the site, and indicated PZ #1116 was conditionally approved by the
Board of County Commissioners on May 30,2007. She clarified the applicant is requesting that Conditions
of Approval#2.J and #2.K, regarding the establishment and requirements of a Homeowners'Association
(HOA), be deleted, and staff recommends that a new Condition of Approval #2.J be inserted, to state,
"A shared access and maintenance agreement shall be recorded and delineated on the plat for all three
lots." She confirmed the Department of Planning Services and the County Attorney's Office recommend
approval, and staff requests that a corrected plat be submitted to be recorded. She further confirmed staff
has reviewed the attached access and maintenance agreement, and is in support of the document.
Ms. Hatch indicated the applicant has proposed to utilize an access easement for access to the three lots,
instead of creating a HOA to maintain the access road. In response to Commissioner Rademacher,
Mr. Barker clarified it does not make sense for this PUD to form a HOA, since there are only three lots
within the development. He indicated the suggestion provided by the applicant to utilize an easement
agreement is much more feasible in this instance. He clarified there is no common open space within the
development, and the purpose of a HOA is to maintain common open space. He indicated each lot will
contain the necessary utility easements and will share a common access drive through an easement
agreement.
Brent Goan, Attorney, represented the applicant, and stated the applicant approached him regarding the
creation of a HOA and Covenants, which is a very costly process for such a small project, and he advised
the applicant to try to accomplish the same end goal by utilizing an easement agreement for the access
road. He stated the draft document was proposed to staff in June, 2008, and at that time, staff indicated
that notes on the plat and Conditions of Approval regarding a HOA would require deletion. He confirmed
the applicant concurs with the language proposed within new Condition of Approval#2.J. Commissioner
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Page 7 BC0016
Rademacher moved to delete Conditions of Approval #2.J and #2.K for Change of Zone, PZ#1116, and
insert a new Condition of Approval #2.J, as stated by staff. Seconded by Commissioner Garcia, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances#2008-11 and#2008-12 were approved on second reading,and Ordinance#2008-10
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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
��ATTEST: r ��` 4C
is
ti[c.rr) William H. Jerke, Chair
Weld County Clerk to the Board 4t ..: �f
EXCUSED
Robe D. Masden, Pro-Tem
Depu Clerk t. he Board
Wi . Ga cia
David E. Long
ougl adem her
Minutes, September 15, 2008 2008-2501
Page 8 BC0016
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