HomeMy WebLinkAbout20072166.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 30, 2007
TAPE #2007-21
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, July 30, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 25, 2007, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on July 25,2007,as follows: 1)USR#1590-Contreras Farms, Inc.,do Scott Realty Company;
2) USR#646-Paul Hungenberg and Michael Hungenberg, do Petroleum Development Corporation; and
3) USR #1593 - Leslie Pickering Adams. Commissioner Garcia 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 Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-2166
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $739,313.69
Electronic Transfers - All Funds $4,726,398.79
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER SPECIAL WARRANTY AND QUIT CLAIM DEEDS FOR SALE OF RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN: Leon Sievers, Department of Public Works,stated this property is located
within the Strategic Road Project boundaries on County Road 13,which intersects with State Highway 52.
Mr. Sievers stated there are two parcels being acquired by the Colorado Department of Transportation
(CDOT), and the first is the a former part of County Road 13, which has been abandoned due to the new
alignment of the road, and is 6,194 square feet in size. He stated the first parcel will be deeded by special
warranty to CDOT. Mr. Sievers explained the second parcel's ownership is unknown, it belongs to either
the Town of Frederick or Weld County, and it is presently the main street used to enter the Town of
Frederick. He stated the second parcel is 12,441 square feet,and the parcel is being deeded by quit claim
by both Weld County and the Town of Frederick to CDOT to remedy the ambiguity in the title.
Commissioner Rademacher moved to approve said deeds and authorize the Chair to sign. Commissioner
Masden seconded the motion. Commissioner Jerke questioned if all of the potential owners of the road
have been considered in the quit claim deed. Bruce Barker, County Attorney, stated the only two parties
identified as potential owners of the road are Weld County and the Town of Frederick. There being no
further discussion, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR STORMWATER DETENTION FACILITY DESIGN AND
IMPROVEMENTS AT THE GREELEY-WELD COUNTY AIRPORT AND AUTHORIZE CHAIR TO SIGN-
FEDERAL AVIATION ADMINISTRATION (FAA): Mike Reisman, Manager of the Greeley-Weld County
Airport, stated the grant money will be used primarily for the designing of stormwater facilities this year,
and for some minor construction. Mr. Reisman stated additional grant money is anticipated to be granted
from the Federal Aviation Administration (FAA) in 2008. He stated the acceptance of the grant will allow
the Greeley-Weld County Airport to commence Phase I of the construction project. In response to
Commissioner Jerke, Mr. Reisman stated the grant covers 95 percent of the project, and the other five
percent is being split between the State of Colorado, the City of Greeley, and Weld County. He stated
Weld County's share of the expense will be $1,973.50. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER APPOINTMENTS TO AREA AGENCY ON AGING: Commissioner Jerke moved to approve
Thomas Gordon and Jerry Weil to the Area Agency on Aging, with terms to expire July 31, 2010.
Commissioner Rademacher seconded the motion, which carried unanimously.
PLANNING:
CONSIDER OFF-SITE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS TO CR 9.5, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
SUBDIVISION BOND-CARMA BAYSHORE, LLC: Dave Bauer, Department of Public Works, stated the
subdivision bond is for the construction of two traffic lanes on County Road 9.5 from the Saint Vrain bridge
to County Road 28. Mr. Bauer explained the other improvements on County Road 9.5, from County
Road 28 to State Highway 66, are being carried out with funds provided by the Colorado Department of
Minutes, July 30, 2007 2007-2166
Page 2 BC0016
Transportation. In response to Commissioner Jerke, Mr. Bauer stated the two lanes will be twelve feet in
width and there will a median in the middle of the two lanes. Responding to Commissioner Rademacher,
Mr. Bauer stated there will be two lanes from County Road 28 to State Highway 66. Commissioner Jerke
moved to approve said agreement, authorize the Chair to sign, and accept said subdivision bond.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4660 - CAMBODIAN CULTURAL CENTER, THE DAVIDSON
COMPANY,AND WARREN WOODWARD: Michelle Martin, Department of Planning Services,stated the
applicant has applied for a Three Lot Recorded Exemption, and the property is located east of, and
adjacent to, Sheridan Boulevard,west of County Road 7, and approximately one-half mile north of County
Road 2. Ms. Martin stated the properties were illegally split into three parcels in 1981, in 1989 the
Department of Planning Services sent a letter to the applicants stating the parcels are in violation of the
Weld County Subdivision Regulations, and in 1992 the Department sent another letter to the property
owners stating the illegal land split needs to be corrected. She explained the Department determined the
best solution was for the applicants to apply for a Three Lot Recorded Exemption,with the understanding
staff must recommend denial since Lot C will not comply with Section 24-8-20.C.2, of the Weld County
Code. Ms. Martin stated the applicants understood if they chose to apply for the Recorded Exemption it
would be heard by the Board of County Commissioners, and the applicants chose to proceed with the
application. She explained a Three Lot Recorded Exemption requires that two(2)of the proposed parcels
shall be less than 35 acres in size, and the third parcel must be at least 120 acres, per
Section 24-8-20.C.2, C.R.S., and proposed Lot C does not meet this requirement. She stated proposed
Lot A is five (5) acres, proposed Lot B is ten (10), and proposed lot C is twelve (12) acres. Ms. Martin
stated 15 referral agencies reviewed the case and 12 responded favorably or included conditions
addressed through the Development Standards and Conditions of Approval. In response to Commissioner
Jerke, Ms. Martin stated the total number of acres for all three Lots is 27. Ms. Martin stated currently the
only improvements are a house with some outbuildings and parking facilities on Lot A, Lot B is vacant,and
Lot C has some semi-trailers and a recreational vehicle on the parcel. Commissioner Jerke questioned
if the property is in compliance with the semi-trailers on it. Responding to Commissioner Jerke, Ms. Martin
stated the semi-trailers are not a violation and the applicants are submitting a Use by Special Review
Permit application for proposed Lot A for a Cultural Cambodian Center. Tony Evans, representative of the
original owners, requested approval of the Three Lot Recorded Exemption. He stated members of the
Cambodian Cultural Center are present and available for questions since they are pursuing a Use by
Special Review Permit for Lot A, and Lots B and C will likely be developed in the future; however, there
are no plans for development at this time. Chair Long stated it seems the only way to create legal lots on
this property is for the Three Lot Recorded Exemption to be approved. Mr. Evans concurred and stated
the lots have already been sold; therefore,the property owners simply desire the lots be made a legal split
so they may utilize their properties. There was no public testimony. In response to Chair Long, Mr. Evans
stated he has read through the Conditions of Approval and understands them. In response to
Commissioner Rademacher, Ms. Martin stated the Sheriff's Office and Mountain View Fire District have
reviewed the material and do not object to the request for the Three Lot Recorded Exemption.
CommissionerJerke moved to approve Recorded Exemption#4660. Seconded by Commissioner Garcia,
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.
Minutes, July 30, 2007 2007-2166
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
Ste!` WE COU TY, CO RADO
ATTEST: /�fib i �b � �� ��� .•
David E. Long, Chair
Weld County Clerk to the Boa iS6i r1,
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William . Jerke, ro-T•
BY: '
Deputy Cle Ito the Board
Willi arcia
obert D. Masden
Douglas ademacher
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Minutes, July 30, 2007 2007-2166
Page 4 BC0016
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