HomeMy WebLinkAbout20071727.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 18, 2007
TAPE #2007-17
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 18, 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
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of June 11, 2007, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, BUILDINGS AND GROUNDS - RONALD WATKINS: Chair Long read
the certificate into the record, recognizing Ronald Watkins for twelve years of service with the Department
of Public Works. Steve Boeck, Building and Grounds Coordinator, thanked Mr. Watkins for his twelve
years of hard work, and wished Mr.Watkins the best in his retirement. Mr. Watkins was present to receive
his certificate, and stated he has enjoyed working for the County even when there have been challenges,
and he will miss everyone he has worked with.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,187,183.46
Electronic Transfers - All Funds $174,130.83
Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner
Jerke seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER CONTRACT FOR NURSE HOME VISITOR PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and Environment, stated
he will present four contracts for existing programs and a new grant application. He stated the task order
contract renewal is for the Nurse Home Visitor Program, which assists low-income first-time mothers
through pregnancy and until the child reaches its third birthday. Dr. Wallace stated the Program is
designed to assist mothers with re-entry into the workforce and provides immunizations for the children.
He stated the Program's funding is split between Medicaid reimbursement and State funding,and the total
amount of the State reimbursement will not exceed $500,105.00. He further stated it is anticipated
Medicaid will reimburse approximately $166,547.00. In response to Commissioner Rademacher,
Dr. Wallace stated approximately 125 to 150 mothers and their children participate in the Program. In
response to Commissioner Jerke, Dr. Wallace stated the State portion of funding for the Program is
collected through Tobacco Taxes. Commissioner Rademacher moved to approve said task order contract
and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR TUBERCULOSIS PROGRAM AND AUTHORIZE CHAIR
TO SIGN: Dr. Wallace stated this contract supports the Infectious Disease Control Program, specifically
the Tuberculosis Program, which has had a large amount of recent activity. He stated the funding will
support the investigation and treatment of tuberculosis, including staff time to perform x-rays and
administer treatment. He explained Department staff directly observes therapy to ensure Weld County
does not contribute to the issue of multi-drug resistant,or extensively drug resistant,strains of tuberculosis.
He stated the term of the task order contract is July 1, 2007, through June 30, 2008, and the amount the
Department will receive will not exceed$53,100.00, of which$49,600.00 is State funding, and$3,500.00
is Federal funding. Commissioner Jerke requested Dr. Wallace update the Board on extensively drug
resistant tuberculosis, and Dr. Wallace stated he will inform the Board on the subject at a future work
session. Commissioner Rademacher moved to approve said task order contract and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR STD/HIV PREVENTION PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr. Wallace stated the task order contract provides for an extension of the STD/HIV
Prevention Program, and the effective date is through June 30, 2008. He stated an exact amount is not
awarded in the task order contract; however, it allows the State to provide medications and supplies to the
Department at no charge to treat sexually transmitted diseases. He explained in exchange for receiving
the medications and supplies, the Department is required to provide screening for sexually transmitted
diseases, and submit an annual report regarding the gonorrhea, syphilis, and chlamydia cases treated in
Weld County. In response to Commissioner Garcia, Dr. Wallace stated there is no dollar reimbursement
amount listed in the task order contract since the State will provide the medications and treatment supplies.
Commissioner Masden moved to approve said task order contract and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
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Page 2 BC0016
CONSIDER TASK ORDER CONTRACT FOR IMMUNIZATION PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Dr. Wallace stated this task order contract is for the Child Immunization Program, and has a term
through December 31,2007. He stated the amount of reimbursement will not exceed$47,388.00,and the
funds provided will assist nursing personnel to educate County residents regarding the immunization
schedules, and to provide immunization services. He further stated the Department also works in
conjunction with the State Supplemental Nutrition Program (WIC), to identify children who are in need of
immunizations. Dr. Wallace stated the goal of the Program is to increase the completion of necessary
immunizations in children. Commissioner Masden moved to approve said task order contract and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER GRANT APPLICATION TO COLORADO DEPARTMENT OF LOCAL AFFAIRS(DOLA) FOR
COLORADO WASTE TIRE GRANT PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated
this grant application was previously discussed at length in a work session with the Board and is for the
purpose of cleaning up waste tires throughout Weld County. He stated the Department is requesting funds
in the amount of$50,000.00,from the Department of Local Affairs(DOLA). He further stated the Colorado
Waste Tire Program has been successful in past. In response to Commissioner Rademacher, Dr.Wallace
stated the amount requested is approximately the same as the amounts received in previous years.
Commissioner Rademacher moved to approve said grant application and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR THE TRANSPORTATION GRANT FOR SECTIONS 5316 AND 5311
AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated the grant
package consists of two parts: one part requests funds for the ongoing transportation operations; and the
second part requests funds for planning operations regarding transport of potential employees to
employers. Commissioner Jerke moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER 2008 ANNUAL PLAN AND BUDGET FOR AREA AGENCY ON AGING AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman stated there are no significant changes in the 2008 Annual Plan and
Budget for the Area Agency on Aging from previous budget requests. Commissioner Jerke moved to
approve said annual plan and budget, and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 7 BETWEEN CR 20.5 AND STATE HIGHWAY 119: Wayne
Howard, Department of Public Works, stated County Road 7, between County Road 20.5 and State
Highway 110 will be closed for five days, to replace a culvert. In response to Commissioner Jerke,
Mr. Howard stated the area of the construction is south of State Highway 119. Commissioner Rademacher
moved to approve said temporary closure. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 31 AND 35: Mr. Howard stated County
Road 28, between County Roads 31 and 35,will be closed for culvert replacement, and will be closed for
approximately four days. Commissioner Masden moved to approve said closure. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CR 21 AND STATE HIGHWAY 257:
Mr. Howard stated County Road 74, between County Road 21 and State Highway 257,will be closed the
closure for construction work and grade adjustments to the intersection of County Roads 19 and 74. He
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stated the closure will last approximately one week. Commissioner Masden moved to approve said
temporary closure. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING RELOCATION OF PIPELINE FOR CR 9.5 PROJECT AND
AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN PIPELINE SYSTEM, LLC: Mr. Howard stated this
is the last phase of the utility line adjustments required for the County Road 9.5 Project. He stated Plains
All American Pipeline, L.P., formerly Rocky Mountain Pipeline System, LLC, operates pipeline within the
vicinity of the project and the company has agreed to lower the line at its current location so that the
pipeline will not be disturbed by the road construction activities. Mr. Howard stated the agreement will
allow the County to reimburse the company for lowering approximately 600 feet of pipeline. In response
to Commissioner Rademacher, Mr. Howard stated the pipeline contains natural gas. Commissioner
Rademacher moved to approve said agreement and authorize Chair to sign. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - SUSAN TROUDT, CARLA HOBBS, AND MARIAN STRATTON: Leon Sievers,
Department of Public Works, stated this is the second out of seventeen parcels the County will acquire
for the County Road 13 Strategic Road Project. He stated the County will acquire 3.573 acres of
right-of-way in the amount of $64,314.00, which is $18,000.00 per acre, and the figure is based on an
appraisal report prepared by Foster Evaluation Company. He stated the County will also acquire 2,025
square feet of temporary construction easement within three parcels for a total of$85.00, based on the
appraisal report. He further stated the County will reimburse the land owners$1,560.00 for five live trees
which will be removed, therefore, the total reimbursement will be $65,959.00. In response to
Commissioner Jerke, Mr. Sievers stated the Board will consider an additional fifteen agreements for the
purchase of right-of-way and approximately thirteen more temporary construction easements before this
Project reaches completion. In response to Commissioner Garcia, Mr. Sievers stated the amount for the
live tree reimbursement can be calculated two ways. He explained a fee schedule exists, which was
approved by the Board approximately four years ago, or when dealing with larger parcels, the appraiser
may assign a value to the trees. He further stated the trees on this property were valued by the property
owner's subcontractor as well. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign and necessary documents. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works, stated she must seek approval from the Board
in order to enforce noxious weed control measures. She stated a list has been provided of the properties
the Department may need to enter. In response to Commissioner Rademacher, Ms. Booton stated all of
the property owners have been contacted by phone or through mail, and ten-day legal notices have been
sent via certified mail. Further responding to Commissioner Rademacher, Ms. Booton stated several of
the properties on the list are owned by the City of Thornton. She further stated the City of Thornton has
struggled to enforce that the tenants on the properties control the weeds;therefore, the legal process has
been initiated several times; however, the renters usually bring the property into compliance before the
County needs to perform weed control management. Commissioner Rademacher moved to approve said
entry. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER SECOND AMENDED AGREEMENT FOR IMPROVEMENTS TO CR 40.5, AUTHORIZE
CHAIR TO SIGN, AND ACCEPT SCHEDULED PAYMENTS OVER A PERIOD OF TWENTY-FOUR
MONTHS, FOR A FIVE LOT PLANNED UNIT DEVELOPMENT WITH ESTATE ZONE USES, S #625 -
HOSKINS CONSTRUCTION, INC., C/O DAVID HOSKINS: Stephanie Arries,Assistant County Attorney,
stated David Hoskins contacted her to draft an agreement with specific provisions to allow three to four
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months before payments become due. She stated Mr. Hoskins owes the County $70,000.00 for road
improvements made to County Road 40.5, completed for the benefit of Mr. Hoskin's development, Dove
Haven Estates. She further stated the file reflects Mr. Hoskins initially entered into an agreement with the
County to set aside money as each of the lots were sold in his development; however, even though all of
the lots have been sold, Mr. Hoskins has not paid anything toward his debt. Ms. Arries stated a later
agreement was entered into, in which Mr. Hoskins provided collateral; however, the collateral was
mistakenly released. She stated since Mr. Hoskins is not present today to enter into the agreement, she
is requesting approval to file suit against him. In response to Commissioner Rademacher, Ms. Arries
stated the initial agreement was entered into during May, 2003. In response to Chair Long, Mr. Barker
stated the Resolution will be modified to authorize the County Attorney's Office to bring an action against
Mr. Hoskins and the construction company. Responding to Commissioner Rademacher, Ms.Arries stated
the improvements to the road were completed in 2006. Commissioner Jerke requested a work session
be held to discuss how the collateral was prematurely released. Ms. Arries stated $70,000.00 was also
provided for improvements within the subdivision, and the identical amounts may have created some
confusion for staff. Chair Long stated this is the first time a situation like this has come before the Board,
since he has been a Commissioner, and he would like a work session to better understand it. Mr. Hoskins
was not present. In response to Chair Long, Bruce Barker, County Attorney, stated the Resolution will
need to be amended to give the County Attorney's Office authorization for collection, similar to zoning
violation cases. Commissioner Jerke moved to approve the Resolution as modified by Mr. Barker.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RONALD AND BESSIE SCOTT:
Christopher Woodruff,Assessor,stated this is a petition for tax abatement is for the years 2005,2006, and
2007; however, 2007 values cannot be petitioned until the taxes are levied in January of 2008. He stated
the Assessor's Office is only able to consider comparable sales from 2003 and the first half of 2004,
therefore,the sales figures submitted by Mr. and Mrs.Scott from November of 2005,through July of 2006;
cannot be considered for the petition. He further stated the typical sale price for 2005 and 2006 was
$33,000.00 per acre, and the Scotts'property was discounted as vacant land, at a valuation of$28,069.00
per acre. Mr. Woodruff stated he has no other sales for the study period were provided; therefore, he
recommends denial of the petition. In response to CommissionerJerke,Mr.Woodruff stated the petitioner
has requested a value of no more than $90,000.00 for the property, which is 3.6 acres in size, and the
staff's evaluation is $101,613.00, for 2005, 2006, and 2007.
Ronald Scott, petitioner, stated he received an offer for his property, and sold it in February, for
$90,000.00, plus the water tap,which is valued at$16,000.00, for a total of$106,000.00. Mr. Scott stated
since he has sold his property, he received a new notice of valuation as of May 1, 2007, which values the
property at$69,394.00, which is a reduction of$32,000.00 from 2006. He stated the letter he received
stated the assessment period used to determine the value began in January of 2005, and he does not
understand why the value was not decreased so drastically when his request for a reduction in value was
not granted. He further stated the property is currently valued at an amount approximately$30,000.00 less
than the retail price; however, during the time he paid taxes on the property, it was valued in excess of the
retail value. Mr. Scott stated he requested a reduction of approximately$11,000.00 thousand dollars for
the time period he paid taxes on the property, and the valuation has since dropped $30,000.00, he feels
an adjustment is reasonable. In response to Commissioner Jerke, Mr. Scott reiterated his property was
sold in February of 2007, for a total of$106,000.00, including the water tap. Mr. Woodruff stated he is not
prepared to discuss the 2007 valuation, and events in the current real estate market are not relevant to
the valuations issued in previous years. In response to Commissioner Long, Mr. Woodruff explained the
State statute forces the Assessor's Office to only evaluate comparables from 2003 and 2004,for the 2005
and 2006 valuations, and he understands the time disparity may seem inequitable to the petitioner.
Commissioner Jerke stated he understands the situation better after hearing the explanation of how the
Assessor's Office must abide by the State statute. He stated if this request was approved the the Board
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Page 5 BC0016
would be establishing a precedent, which would be difficult to maintain, due to the recent fluctuations in
property values. He further stated most of the property owners within Weld County have recently
experienced reductions in property value. Mr. Scott stated the reduction amount on his property was
extreme, and reduced to a value much below retail price. He stated, in his experience, valuations have
been slightly less than the sale price of the property; however, this property was always valued above the
expected sale price when he owned the property.
Chair Long stated the Assessor's Office must work with sales trends and abide by State statute, and staff
should not set a precedent with approval of the petition. Mr. Woodruff stated he will research the 2007
valuation, as it does seem like an extreme reduction in value. In response to Commissioner Garcia,
Mr. Woodruff stated the water tap is considered an improvement to the property. Further responding to
Commissioner Garcia, Mr. Woodruff stated in future assessments the property may or may not be valued
at$106,000.00. In response to Mr. Scott, Mr. Woodruff explained the water tap fee is considered a part
of the property value and overall sale price. Mr. Scott stated he had previously been told otherwise by the
Assessor's Office, and he was unaware the water tap was included in the overall property value.
Commissioner Jerke moved to deny said refund, based on staff's recommendation. Commissioner
Masden seconded the motion. Chair Long stated he understands Mr. Scott's confusion on the matter;
however, he also understands the Assessor's role and his ability to only operate within State statute.
There being no further discussion, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - EACHUS INVESTMENTS, LLC:
Mr.Woodruff stated a convenience store is located on the property and staff received a request to reduce
the value for 2006; however, there is some additional land on the property which is not utilized by the
convenience store. He stated staff has researched convenience store sales from 2003 and 2004,and the
valuation data is varied, ranging from $133.00 per square foot, to $385.00 per square foot. He further
stated based on the data, he believes the current valuation of$136.00 per square foot is a reasonable
value for the property. A representative of Eachus Investments, LLC was not present. Commissioner
Masden moved to deny said petition, based on staffs recommendation. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GRAY-KIMBLE MANAGEMENT,
LLC: Mr. Woodruff stated this petition is for the year 2006. He explained several modular offices on the
property were double assessed, therefore, the offices need to be removed from the real estate account.
He recommended the original assessed value be reduced from $107,310.00, to $75,790.00, yielding an
abatement of $3,153.11. There were no representatives of Gray-Kimble Management, LLC present.
Commissioner Rademacher moved to approve said refund, based on staff's recommendation. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A
COMMISSIONER TO MAKE ON-SITE INSPECTION, AND SETTING THE HEARING DATE FOR A
HOTEL AND RESTAURANT LIQUOR LICENSE - COLORADO CATTLE COMPANY, LLC, DBA
COLORADO CATTLE COMPANY: Mr. Barker stated when an application for a new liquor license is
received, the County must establish the neighborhood to be served, designate a member of the Board to
inspect the site, to determine if it complies with State laws, and set the hearing date for a Hotel and
Restaurant Liquor License. He stated the neighborhood for this application shall be established as all of
Sections 6, 7, and 31, Township 11 North, Range 56 West; and all of Sections 1, 2, 11, 12, 35, and 36,
of Township 11 North, Range 57 West of the 6th P.M., Weld County. He further stated a hearing date will
be set for July 11, 2007, at 9:00 a.m., and Chair Long has been designated to perform the on-site
inspection of the facility. Mr. Barker explained Chair Long will need to provide a written document
explaining his findings at least five days prior to the hearing date. In response to Chair Long, Mr. Barker
stated the establishment is a guest ranch. Commissioner Jerke moved to approve the establishment of
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Page 6 BC0016
the neighborhood to be served, the designation of Chair Long to make the on-site inspection, and to set
a hearing date for July 11, 2007. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Kim Kinne, District Attorney's Office, stated the grant from the Division
of Criminal Justice has been received for the Juvenile Diversion Program; however, staff had to revise the
application to remove the Truancy Diversion Program. Ms. Kinne stated she submitted a grant for Federal
funds, since the Division of Criminal Justice denied continued funding for the Truancy Diversion Program,
and the current funding will expire June 30,2007, at which point the Program will be abolished. She stated
there are currently 245 students in the Program. Ms. Kinne stated the Department is exploring other
avenues for funding, and also is requesting a bridge of funding from the Board, to continue providing
services to the students in the Program. Chair Long stated at this Board meeting the only matter to be
considered is the grant award for the Juvenile Diversion Program, and a work session may be scheduled
to discuss the other funding requests. Commissioner Jerke expressed he would like to discuss at a work
session how the new Juvenile Diversion Program is working, since the old program was discontinued and
the previous District Attorney did not believe the Program was effective. He stated this information will help
him make a decision about other funding options. Commissioner Jerke moved to approve said grant
award and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Commissioner Jerke moved to
appoint Michael Freeman, William Weitzel, and Diane Holmberg to the Extension Advisory Council.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT OF TO NOXIOUS WEED MANAGEMENT ADVISORY BOARD:
Commissioner Garcia moved to appoint Frederick Hepner to the Noxious Weed Management Advisory
Board. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENTS TO BOARD OF PUBLIC HEALTH: CommissionerJerke moved to reassign
Stan Cass, and to appoint Keith Riggs, Frederick Hepner, and to reappoint Linda Kautz to the Board of
Public Health. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#403-JAMES AND DONNA BRIENZA: Chris
Gathman, Department of Planning Services, stated the applicant has submitted collateral, in amount of
$3,468.00, for on-site improvements, and staff recommends approval. Don Carroll, Department of Public
Works,stated the improvements were mainly fencing and landscaping;therefore,no transportation issues
were reviewed. Commissioner Masden moved to approve said agreement, authorize the Chair to sign,
and accept said collateral. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW,#409-ZEEK PARTNERSHIP, LLLP, C/O KENNETH
WILLIAMSON: Mr. Gathman stated staff has received an Irrevocable Standby Letter of Credit, in the
amount of$163,555.24,for improvements to the site, and staff recommends approval. Mr. Carroll stated
he has reviewed the transportation items listed on the site-plan and finds them acceptable. He stated the
property is located on Lot 7, Block 2, of the amended plat of the Rademacher Business Park, and is
located adjacent to 1-25 and north of State Highway 66. Commissioner Garcia moved to approve said
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Page 7 BC0016
agreement, authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Masden,
the motion carried unanimously
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL
REVIEW#1527 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.: Mr. Carroll
stated the site is adjacent to County Road 25, north of State Highway 14. He stated the Project purpose
was to upgrade and pave one mile of County Road 25,which has been completed. He stated the applicant
has submitted a replacement Performance Bond, in the amount of$36,294.75, and it will be retained for
a period of one year as a pavement warranty. He further stated staff recommends approval of the release
of Performance Bond #1019029, in the amount of$241,945.00. Mr. Carroll explained at the end of the
one-year warranty period, at the request of applicant, staff will inspect the site and recommend release of
the collateral, if the work still meets all standards. Commissioner Masden moved to approve said partial
cancellation and release of collateral, based on staff's recommendation. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SECOND AMENDED USE BY
SPECIAL REVIEW #726 - RCJC, LLC: Brad Mueller, Department of Planning Services, stated staff
received two checks as collateral, equaling a total amount of$12,705.00. Mr. Mueller stated the required
improvements have been completed, and staff recommends release of the collateral. He stated the
original property owner has requested that the total collateral be released to the new property owners,
RCJC, LLC. Commissioner Jerke moved to approve said cancellation and release of collateral, based on
staffs recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4507 - GEORGE LAMB: Mr. Gathman stated the matter has
been forwarded to the Board because the applicant has indicated he cannot fulfill the requirements for
Condition of Approval#3.B,which states, "Lots A and B shall share an access,no circle drives or additional
accesses shall be granted. The access road shall be graded and drained to provide all-weather access.
Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall
not be placed below the crest of a hill, or where physical obstructions are present, and shall be a minimum
distance of 75 feet from any intersecting county or state roadway. A 30-foot wide joint access and utility
easement, for the benefit of Lots A and B, shall be shown clearly shown on the plat. The joint easement
shall be dedicated for the use as shown using the language set forth in the Weld County Code,Appendix
24-F.2." He stated there is an existing access to the parcel on County Road 74, and in the original
application, the applicant requested an additional access be granted further west on County Road 74,
within the boundaries of proposed Lot A. He stated Subdivision Exemption, SE #920, was completed
several years ago for financing purposes, and SE#920 encompasses the current access. He explained
since the exemption was granted for financing purposes, it is not a separate legal lot, and is part of the
larger parcel. He further stated the applicant is concerned that in the event of foreclosure, it could
potentially become a separate legal lot, which would create an access within a separate parcel.
Mr.Gathman stated the applicant is requesting a separate access on County Road 74 for Lot A. He stated
staff has sent a letter to Washington Mutual, the financing company; however, no response has been
received. He explained typically a review of the easement is conducted for a fee by the financing
company; however, since Washington Mutual has not responded, staff is unaware of its position on the
matter.
George Lamb, applicant, stated he is concerned about future sale of the property, and that SE#920 may
go into foreclosure. He stated since the access and utility lines are located along the left side of the
access, and he is concerned a new property owner may not allow the access to be shared with adjacent
Lots A and B. He stated he would prefer a separate additional access on County Road 74 for proposed
Lot A. He further stated a surrounding property owner has recently had six agricultural easements granted
for access to his property, and he is only requesting one additional access. Mr. Carroll stated the
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Page 8 BC0016
Department of Public works has reviewed the documents for SE#920,and has determined it is a legal and
separate lot, and the access is a part of the lot. He stated the creation of and access for Lot A will cause
Lot B, the larger parcel, to be landlocked. He further stated County Road 74 is classified a strategic
roadway, therefore, and the County limits new residential accesses on the road and proposes sharing
accesses or utilizing existing accesses when possible. Mr. Carroll stated a new subdivision had been
approved for approximately 25 lots directly to the west of Mr. Lamb's property, which is an extension of
Appaloosa Acres, and there are at least ten access points within a one-mile section on County Road 74.
He summarized the applicant does have reasonable access.
In response to Commissioner Jerke, Mr. Carroll stated County Road 74 requires 140 feet of right-of-way
at full buildout, therefore, 70 feet from the center of the section line will be reserved. In response to Chair
Long, Mr. Carroll reiterated his recommendation is that the existing access be shared by Lots A and B,and
SE#920. Commissioner Jerke stated the County is striving to minimize the number of points of access
on strategic roadways, since road usage will increase in the future. He stated it is essential that an
easement be created with the land and deeded to provide access to Lots and A and B, an dSE #920.
Mr. Lamb gave a summary of his concerns concerning access in the event of foreclosure; and stated he
does not want to be held responsible for improper access to the parcels. In response to Mr. Barker,
Mr. Lamb stated he is unaware if a deed of trust or a deed of warranty was completed with the mortgage
company regarding the access drive. Mr. Barker explained if the applicant grants an easement for the
owners of LotA and B, future legal decisions will be subject to the provisions listed in the easement. Chair
Long clarified Mr. Lamb currently has the ability to grant an easement for Lots A an B, as the current
property owner. Mr. Lamb stated he also has concerns about the utility lines which run along the west side
of the access drive, and reiterated he would still prefer an additional access. In response to Chair Long,
Mr. Carroll stated agricultural easements and accesses have separate criteria than residential easements
and accesses. In response to Commissioner Jerke, Mr. Gathman stated there is a modification of
Condition of Approval#3.B is necessary to include SE#920 in the language which specifies the lots which
will share an access. He explained SE #920 was originally excluded from the text since Subdivision
Exemptions are not ordinarily considered legal lots; however, it may be included in the condition for
clarification to ensure access. CommissionerJerke moved to modify Condition of Approval#3.B,to include
SE#920 in the listing of lots. Seconded by Commissioner Rademacher, the motion carried unanimously.
Commissioner Jerke moved to approve Recorded Exemption#4507, based on staff's recommendation,
and the modification to Condition of Approval #3.B. Commissioner Rademacher seconded the motion.
In response to Chair Long, Mr. Lamb stated he has reviewed and concurs with the Conditions of Approval.
Gary Hammer, land surveyor, stated it would be helpful if the access is allowed to be wider than 30 feet,
since all of utilities for the SE#920 are adjacent to the west side of the easement. Mr. Gathman clarified
the access may be wider, and 30 feet in width is the minimum requirement. Following discussion between
Mr. Carrol, Mr. Hammer, and Mr. Barker, the Board concurred with the modification of Condition of
Approval #3.8 to state a 40-foot wide access shall be shown on the plat. There being no further
discussion, the motion carried unanimously.
CONSIDER REQUEST FOR EARLY RELEASE OF BUILDING PERMITS AND AN AGREEMENT FOR
THE PLACEMENT OF A TEMPORARY WIND MONITORING TOWER IN THE A (AGRICULTURAL)
ZONE DISTRICT,AND ACCEPTANCE OF COLLATERAL-ANHEUSER-BUSCH, INC.AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated a notice has been sent to the adjacent landowners and has been
published. He stated collateral has been provided for the request in the amount of $4,445.00.
Mr. Gathman stated Anseuser-Bush, Inc., is requesting early release of a building permit, for the
placement of a wind monitoring tower, to be constructed west of and adjacent to County Road 19 and
approximately one mile north of County Road 90. He stated the applicant is determining the feasibility of
a wind turbine facility to be exclusively used by Anheuser-Bush, Inc. In response to Chair Long,
Mr. Gathman stated the facility will contain one tower, possibly two towers. Mr. Gathman stated as part
Minutes, June 18, 2007 2007-1727
Page 9 BC0016
of the collateral agreement, it states if the Use by Special Review Permit is denied, the temporary tower
shall be dismantled and the property returned to its prior condition within six months. No representative
of Anheuser-Bush, Inc., was present, and there was no public testimony. Commissioner Jerke moved to
approve said agreement and authorize the Chair to sign, and accept said collateral. Seconded by
Commissioner Masden, 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 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
x . /E1 COUNTY, COLORADO
ATTEST: iatem
ts.,.�
art. David E. Long, Chair ,
Weld County Clerk to the Boa v tgai ( 1♦�
=` �1 r► I
E.r William ,. J-rk= P .-Tem
BY:
Deputy Cler to the Board
W 'gym . Garcia
Robert D. Masden i^`
ouglas ademach
Minutes, June 18, 2007 2007-1727
Page 10 BC0016
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