HomeMy WebLinkAbout20062466 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 6, 2006
TAPE #2006-32
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 6, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Controller, Barb Connolly
Interpreter, Rosa Lopez
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 30, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 30,2006, as follows: 1)Kiteley Ranch Metropolitan District Service Plan;2)St.Vrain
Metropolitan District Nos. 1-4 Consolidated Service Plan; 3) USR#1458 - Kenneth Shannon, dba KS
Enterprises II, LLC; and 4) PF #521 - Don and Linda Owens, Go Coldwell Banker, Attn: Ed Pruss.
Commissioner Jerke 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 Jerke moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-2466
BC0016
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,278,480.37
Electronic Transfers -All Funds $2,218.00
Commissioner Vaad moved to approve the warrants as presented by Ms. Connolly. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Pat Persichino, Director of General Services, stated there were no bids to present.
APPROVE EAGLE THERMAL IMAGING CAMERAS BID-SHERIFF'S OFFICE: Mr. Persichino stated staff
recommended acceptance of the sole bid from Wheatland Fire Equipment Company, in the amount
of$14,822.50. He stated funds are provided through a Homeland Security Grant. In response to Chair
Geile, Mr. Persichino stated the camera will be used for nighttime operations at the Saint Vrain nuclear
storage facility,as well for other operations conducted by the Sheriff's Office. CommissionerJerke moved
to approve said bid, based upon staffs recommendation. Seconded by Commissioner Masden,the motion
carried unanimously.
NEW BUSINESS:
CONSIDER LABORATORY SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BANNER
HEALTH, DBA NORTH COLORADO MEDICAL CENTER: No representative of the Department of Public
Health and Environment was present;therefore,Commissioner Masden moved to continue said agreement
to September 11, 2006, at 9:00 a.m. Seconded by Commissioner Long,the motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF SERVICES FOR HEAD START PROGRAM
PRESCHOOL SERVICES AND AUTHORIZE CHAIR TO SIGN-NEW HOPE ACADEMY: Walt Speckman,
Director of Human Services,stated the New Hope Academy is located within the old Monfort headquarters,
and the Department will rent space within the building to set up a Head Start Program classroom. In
response to Commissioner Jerke, Mr. Speckman stated New Hope Academy was approved through the
Use by Special Review process to operate as a church with educational facilities. In response to
Commissioner Masden,Mr.Speckman stated the facility is in close proximity to both the Greeley and Eaton
School Districts.Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 72 BETWEEN WCRS 35 AND 37: Frank Hempen, Jr.,
Director of Public Works, stated Weld County Road 72, between Weld County Roads 35 and 37, was
closed on September 5, 2006, to replace a culvert. He stated the road is expected to re-open on
September 8, 2006. Commissioner Long moved to approve said temporary closure. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 10 BETWEEN WCRS 23 AND 25: Mr. Hempen stated
Weld County Road 10, between Weld County Roads 23 and 25, had to be closed on an emergency basis
on August 14, 2006, due to a collapsed culvert. He stated the road is scheduled to re-open by
September 18, 2006. Commissioner Masden moved to approve said temporary closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 31 BETWEEN WCRS 16 AND 18: Mr. Hempen stated
Weld County Road 31, between Weld County Roads 16 and 18,will be closed from September 11, 2006,
through September 15,2006,to replace a culvert. Commissioner Long moved to approve said temporary
Minutes, September 6, 2006 2006-2466
Page 2 BC0016
closure. The motion was seconded by Commissioner Jerke. In response to Commissioner Jerke,
Mr. Hempen stated the Aristocrat Ranchettes Subdivision is located within the vicinity of the closure, and
the detour route will direct traffic back to U.S. Highway 85,and not through the Subdivision;however,some
traffic may utilize the roads within the subdivision as a detour. There being no further discussion,the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 86 BETWEEN WCR 33 AND U.S. HIGHWAY 85:
Mr. Hempen stated Weld County Road 86, between Weld County Road 33 and U.S. Highway 85, will be
closed from September 11, 2006, through November 3, 2006, to replace a bridge. Commissioner Long
moved to approve said temporary closure. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 74 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-JBL
PROPERTIES,LLC: Mr. Hempen stated this item, and the following two items of business are in regards
to property acquisition for the Weld County Roads 74 and 19 Road Improvement Project. He stated the total
compensation,in the amount of$18,177.00,will provide for acquisition of right-of-way,and the cost to cure
damages to the property as a result of the construction work. He further stated the value of compensation
was determined by an accredited appraiser. Commissioner Masden moved to approve said agreement
and authorize the Chair to sign any necessary documents. Seconded by Commissioner Vaad,the motion
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 74 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-KAND
M COMPANY, LLLP: Mr. Hempen stated the total compensation, in the amount of$18,817.00,will provide
for acquisition of right-of-way and costs associated with the relocation of an existing fence. He further
stated the value of compensation was determined by an accredited appraiser. Commissioner Vaad moved
to approve said agreement and authorize the Chair to sign any necessary documents. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTSTOWCR 74 AND AUTHORIZE CHAIR TO SIGN NECESSARYDOCUMENTS-HES,
LLC: Mr. Hempen stated the total compensation, in the amount of$5,104.00,will provide for acquisition of
right-of-way and restoration costs to replace an existing fence. Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign any necessary documents. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: SPECIALIST: Mr. Hempen stated two landowners of properties with noxious weeds have
received a ten-day legal notice and have failed to comply with the request to control the weeds. He stated
the County will enter the designated properties and control the noxious weeds at the landowners'expense.
Commissioner Vaad moved to approve said entry. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF ROADWAY BETWEEN EAST
18TH STREET AND FERN AVENUE(WCR 45)-ANTONIOAND ROSALIACORRALES: Bruce Barker,
County Attorney, stated a request was received to vacate a portion of right-of-way, adjacent to East 18th
Street and Fern Avenue. He stated notice has been provided to surrounding property owners, and the
applicants are present; however, an interpreter is needed, and one is not currently available. Rosalia
Corrales, applicant, stated she is able to understand English; however, she does not speak English very
well, and an interpreter is necessary to proceed. Mr. Barker suggested the item be continued to the last
Minutes, September 6, 2006 2006-2466
Page 3 BC0016
item of new business to allow time to obtain an interpreter. Commissioner Jerke moved to continue the
matter to New Item of Business #23. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER RESOLUTION RE: ESTABLISHMENT OF PRECINCTS AND VOTE CENTERS FOR 2006
GENERAL ELECTION:Mr. Barker stated establishment of voter precincts and location of the vote centers
must be determined by the Clerk and Recorder's Office every year before the election in November.
Commissioner Jerke commented The University of Northern Colorado now has a voting center, and the
Town of Windsor now has two voting centers. Commissioner Jerke moved to approve said resolution.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMENDMENT#1 TO THE INTERGOVERNMENTAL CONTRACT FOR TEEN SEATBELT
EDUCATION IN WELD COUNTY AND AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Sheriffs Office,
stated the contract has been extended by the Colorado Department of Transportation,and the end date is
now December 31, 2006. Commissioner Masden moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPLICATION FOR VIOLENCE AGAINST WOMEN ACT (VAWA) GRANT FOR
VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's
Office,stated the District Attorney's Office has been awarded grant funds for the past three years,and the
application is requesting an increase in funds of$4,719.00. She stated the additional funds reflect the
amount of time staff puts into the program. She further stated the application includes a cash match of
$4,958.00. In response to CommissionerJerke, Ms.Connolly stated the cash match has been anticipated
within the County Budget. CommissionerJerke moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER RESOLUTION RE:APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT
AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW
ENFORCEMENTAUTHORITY: Mr. Barker stated pursuant to the Colorado statute for elections and the
creation of Law Enforcement Authorities within Weld County, an election of the property owners wishing
to form a Law Enforcement Authority must be held. He stated the election will need to be held in November,
and a Designated Election Official (DEO) must be named. He further stated in the past the Clerk and
Recorder has been designated as a DEO,and various private law firms have also fulfilled the duties of the
DEO. Mr. Barker stated the Clerk and Recorder has reviewed the matter,and agrees with the appointment
of Susan Kikoen from the law firm of McGeady Sisneros, P.C. He stated the electors consist of five
property owners within the District, and their wives,for a total of 10 electors. He stated the election will be
conducted by mail ballots, the DEO will provide the election results at the conclusion of the election, and
there is no cost to the County. In response to Commissioner Jerke, Mr. Barker stated there are no
limitations listed that would disqualify Ms. Kikoen as the DEO. Commissioner Vaad moved to approve said
resolution. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER
TRAIL AND AUTHORIZE CHAIR TO SIGN - THOMAS AND MARY STEVENS: Mr. Barker stated the
amendment is for a donation of property for the Poudre River Trail. He stated Mary and Thomas Stevens
have agreed to donate a portion of their property to change the location of the trail, and access will now be
provided from the dog park to 59th Avenue. ChairGeile expressed his appreciation to Mr.and Mrs.Stevens
for their generous contribution. Commissioner Vaad moved to approve said amendment and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, September 6, 2006 2006-2466
Page 4 BC0016
CONSIDER INTERGOVERNMENTALAGREEMENTFOR OFFSET OF PAYMENTSANDAUTHORIZE
CHAIR TO SIGN-CITY OF GREELEY: Craig Emil,Assistant County Attorney,stated the City of Greeley
has requested construction and sewer easements, and in exchange, the City will provide compensation
to help off-set costs associated with obtaining a sewer tap for the expansion project at the jail. In response
to Chair Geile, Mr. Emil stated the costs associated with the tap will exceed the costs associated with the
easements. In response to Commissioner Jerke, Mr. Emil stated the easement will be located on
County-owned land,adjacent to 59th Avenue and F Street,and the easement will not interfere with mining
operations. Responding to Commissioner Jerke, Mr. Barker stated the County has entered into numerous
Intergovernmental Agreements with the City of Greeley. Mr. Emil stated the City of Greeley will consider
the agreement at a meeting on September 19, 2006, and the County's approval is contingent upon the
City of Greeley approving the agreement. Commissioner Long moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER EXCLUSIVE SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT DEED FOR NORTH GREELEY SEWER PIPELINE PROJECTANDAUTHORIZE CHAIR TO
SIGN-CITY OF GREELEY: Mr. Emil stated the sewer pipeline project will eliminate the need of lift stations,
and will provide adequate sewer service to the new jail complex and developments north of O Street.
Commissioner Jerke moved to approve said easement and deed and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER EXCLUSIVE SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT DEED FOR WEST POUDRE SANITARY SEWER TRUNK PIPELINE PROJECT AND
AUTHORIZE CHAIR TO SIGN-CITY OF GREELEY: Mr. Emil stated the easements are associated with
the pipeline project previously mentioned. He stated the easements will be located adjacent to the Greeley
No.3 Ditch,and he recommended approval. Commissioner Masden moved to approve said easement and
deed and authorize the Chair to sign. Seconded by Commissioner Vaad,the motion carried unanimously.
CONSIDER RESOLUTION RE: SUBMITTING TO THE ELECTORS OF THE GENERAL ELECTION ON
NOVEMBER 7, 2006, AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER: Mr. Barker
stated two changes are proposed to Section 13-9 of the Home Rule Charter, regarding the Nomination of
Councilmen. He stated the Weld County Council has requested that the necessary number of qualified
electors to sign a petition be reduced from 200 to 100. He further stated the second change will modify the
length of time petitions may be circulated and signed. He stated TABOR regulations require the certification
of the election and the questions posted on the ballot by the eleventh of September;therefore,the petitions
need to be received a total of fifteen days earlier. Mr. Barker stated the petitions may be circulated between
the 125th and 75th days prior to the day of the election. Commissioner Vaad moved to approve said
resolution. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDERAPPOINTMENTSTO BOARD OF ADJUSTMENT: Commissioner Jerke moved to reappoint
Eric Whitwood and William Hansen to the Board of Adjustment, with terms commencing December 31,
2005,to expire July 31,2008;to reappoint Chad Auer, Bruce Fitzgerald,and Tony Evans to said board,with
terms to expire July 31, 2007;to reappoint Anita Owens and Mary O'Neal to said board,with terms to expire
December 31, 2006; and to reassign and reappoint Bryant Gimlin, with a term to expire July 31, 2009.
Seconded by Commissioner Masden, the motion carried unanimously.
THIRD READING OF ORDINANCE#2006-6, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS,CHAPTER 20 ROAD IMPACT FEES,OF THE WELD COUNTY CODE: Commissioner
Vaad moved to read by title only. Seconded by Commissioner Masden, the motion carried unanimously.
Mr. Barker read said title into the record. Perry Eisenach, Department of Public Works, stated five new
categories were added to the Weld County Code,along with the associated fees; however, no modifications
have been made for third reading. No public input was offered concerning this matter. Commissioner Vaad
Minutes, September 6, 2006 2006-2466
Page 5 BC0016
moved to approve Ordinance#2006-6 on third reading. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF ROADWAY BETWEEN EAST
18TH STREET AND FERN AVENUE(WCR 45) -ANTONIO AND ROSALIA CORRALES: Rosa Lopez,
District Attorney's Office, stated she will interpret for Antonio and Rosalia Corrales. Mr. Barker stated a
request was received from the applicants back in 1998, and at that time, the matter was considered and
the Board decided to deny the vacation. He stated the circumstances are slightly different, since the
applicants have now agreed to donate a portion of the property on the northeast corner as additional
right-of-way. He further stated the additional right-of-way will facilitate the turn from Weld County Road 45
onto East 18th Street, and notification of the hearing has been provided to adjacent property owners.
Mr. Hempen stated the Department of Public Works has been in negotiations with the applicants; the
donation of property will allow the Department to complete improvements at Fern Avenue and East 18th
Street;and he recommended approval of the vacation. In response to Chair Geile, Mr. Barker explained the
map of the area, provided with the Resolution. In response to Commissioner Jerke, Mr. Barker stated the
vacated portion will be owned by the applicants, since the land was originally platted as Lot 4 of Zendt's
Farm Subdivision.
Ms. Corrales stated she has requested vacation of the right-of-way due to accidents occurring at the
intersection. She stated there has also been problems with semi-tractors parking on the road overnight,
and she is concerned for her safety since she is home alone at night while her husband is at work. In
response to Commissioner Long, Ms.Corrales stated the trucks are parking along the right-of-way,and she
has called the Greeley Police Department to report the semis on several occasions. (Change to
Tape #2006-33).
Susan Turner,surrounding property owner,stated the vacation of the right-of-way will cause the intersection
to be more dangerous, since Fern Avenue would be located closer to the applicant's house. She stated
Fern Avenue contains a steep hill near the applicant's house, and to make a left turn from Fern Avenue to
East 18th Street is inconvenient. Ms. Turner stated her concerns with the barrow ditch and drainage
problems on her property as a result of alterations to the road. She stated removal of the right-of-way would
make it more likely for a driver to run into the applicant's house, since a sharp curve exists. In response
to Chair Geile, Ms.Turner stated if the vacation is approved,the applicant will give up a strip of property in
close proximity to the house in order to make improvements to Fern Avenue, and the proposed change
does not make it safer for the applicant's family. She further stated she has lived in the area for over fifteen
years,and she has only witnessed one accident at the intersection. Further responding to Chair Geile, Ms.
Turner stated she has not witnessed semi-tractors parking along the right-of-way; however, a nearby
property is an abandoned salvage yard,which is in the process of being cleaned up. Ms.Turner submitted
a map of the area, marked Exhibit A,and stated the applicant's house is located on the east side of the lot
they own.
Jerry Oster, surrounding property owner, stated he owns property directly east of the property owned by
the Corrales family. He stated Fern Avenue has a downhill slope, and it is not possible to make a left-hand
turn safely from Fern Avenue onto East 18th Street. He stated he does not believe that semi-tractors will
be able to make a safe turn, even with improvements to the additional property the applicants will donate.
He stated the roads both have hills, and he submitted pictures into the record, marked Exhibit B. Mr.Oster
stated surrounding property owners will have a tough time accessing their properties if the right-of-way is
vacated. He stated the school bus also utilizes the right-of-way daily since it cannot make the turn at the
intersection.
Clifford Clift, surrounding property owner, expressed his empathy for the applicants; however, he stated
Fern Avenue is only 30 feet wide,and the applicants knew the characteristics of the road when the property
Minutes, September 6, 2006 2006-2466
Page 6 BC0016
was purchased. He stated Fern Avenue is a hazard in the winter, since the sun does not shine upon the
northern portion of the road as it intersects with East 18th Street. He further stated Fern Avenue becomes
very slick after snowfall, and becomes very unsafe and difficult to navigate. He stated the school bus and
semi-tractors cannot make a left-hand turn from Fern Avenue to East 18th Street,and drivers must use the
right-of-way in order to travel west on East 18th Street. Mr. Clift summarized he would be very concerned
for the safety of area residents if the right-of-way were to be vacated.
Phil Schlagel, surrounding property owner, stated the vacation of the right-of-way will affect his property,
and he is concerned about the safety of children utilizing the school bus. He stated he has resided in the
area for over fifteen years, and he believes any work done at the intersection would have to be redone in
several years. He stated he would like the right-of-way to remain accessible, so that his property is easily
accessible. He further stated the Board should not take action until the appropriate County staff has
reviewed the situation. Mr. Schlagel stated he believes the installation of a roundabout would provide a
solution; however, he realizes it is most likely not feasible.
Bill Roth,surrounding property owner,stated an unsafe situation will be created if the right-of-way is vacated
and made unaccessible. He stated the intersection at East 18th Street and Fern Avenue is not wide enough
to complete a right-hand turn, especially when towing a trailer. He further stated in the wintertime, some
drivers are not able to stop at the bottom of the hill when ice is present on the road.
Leslie Lange, surrounding property owner, concurred with Mr. Clift, and stated the residents knew the
characteristics of the roads when they purchased the property. She stated she operates a horse-training
business at her property, and it is impossible for her to complete a turn at the intersection of East 18th
Street and Fern Avenue when she is towing any type of trailer. She stated the most problematic aspect is
that the grade of the hill will not be changed when the applicants donate extra property,and drivers will still
be likely to slide through the intersection during the winter months. Ms. Lange stated she has lived in the
area for over seventeen years, and she has only seen one vehicle accident. She stated she has not
witnessed the parking of vehicles or semi-tractors on the right-of-way; only vehicles associated with the
applicants property. In response to Commissioner Masden,Ms. Lange stated she lives to the south of the
applicant, on Fern Avenue.
Ms. Corrales stated Mr. Oster does not live at the surrounding property, many accidents have occurred at
the intersection within the past few years, and she submitted pictures, marked Exhibit C. She stated the
large semi-tractors loaded with onions are able to make the turn at the bottom of the hill,and the school bus
driver does not utilize the right-of-way since he makes a u-turn after picking up the children. She further
stated she does not foresee any problems with the vacation of the right-of-way. She stated surrounding
property owners will still be able to access their properties if the right-of-way is vacated, and clarified that
she was not aware of the road problems when she purchased the property since drivers were not initially
utilizing the right-of-way.
Mr. Hempen stated the Department of Public Works will utilize the acquisition of property from the
applicants to create a T-intersection at East 18th Street and Fern Avenue. He stated the improvements to
the intersection will provide a more efficient turning radius, and will give better sight distance.
Commissioner Jerke expressed his empathy for the applicants; however, after review of the testimony
provided, he believes the problem is basically unsolveable without investing a large amount of funds to
correct the intersection. He stated he has driven in the area, and he understands the sight distance issues,
and the angle of the intersection creates difficulty for drivers. He further stated the slope of Fern Avenue
faces the north, and the road is very icy in the winter months. He stated he does not believe the vacation
of the right-of-way will solve the many problems of the intersection, therefore, he does not support the
vacation. Commissioner Long concurred with CommissionerJerke,and expressed his sympathy regarding
Minutes, September 6, 2006 2006-2466
Page 7 BC0016
the safety of the applicants. He stated the ownership of the property could be transferred in the future, and
he believes the priority of the matter is to ensure the safety of the children within the area,including the route
of the school bus. He further stated the right-of-way provides safe access to both roads, and he is not in
support of the vacation. Commissioner Masden concurred with Commissioners Jerke and Long,and stated
he has driven in the area, and he does not know of a good way to solve the problems that occur at the
intersection. He stated the applicant's property would need to be reconfigured in order to fix the intersection,
which is not an easy solution. He further stated granting the vacation of the right-of-way will not fix the
overall problem,therefore, he does not support the vacation. Commissioner Vaad stated he read through
the record of the meeting of the first request for vacation on July 27, 1998, and he believes the concerns
regarding public safety are better addressed by keeping the right-of-way accessible. He stated if the
right-of-way were to be vacated, an even worse situation would be created, and he does not support the
vacation. Chair Geile concurred with the sentiments expressed by all the other Commissioners.
Commissioner Long moved to deny said petition and vacation. Seconded by Commissioner Jerke, the
motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDI NG TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR WATERFORD HILL PLANNED UNIT DEVELOPMENT FINAL PLAN, MF#1095 -
WHITE WOLF, LLC: Chris Gathman, Department of Planning Services, stated collateral, in the amount
of$666,050.00, was received on August 22, 2006, in the form of an Irrevocable Standby Letter of Credit.
He stated staff has reviewed the agreement and associated collateral, and approval is recommended. In
response to CommissionerJerke,Mr.Gathman stated the Planned Unit Development will contain nine lots.
Drew Scheltinga, Department of Public Works, stated the roads will be maintained by the Homeowners'
Association. Jim Martell, attorney, represented the applicant and stated he has requested a small
amendment to the Letter of Credit,which he has discussed with the County Attorney's Office. He stated
each time a reduction to the Letter of Credit is made, the old Letter of Credit is returned, and a new Letter
of Credit is issued for the reduced amount. He stated the banking system does not easily accommodate
that process,and JP Morgan Chase Bank,the lender,would prefer that the County keep the original Letter
of Credit, and issue Resolutions at the request of each reduction. He further stated the County Attorney's
office has requested a minor modification to accommodate the request,which will be done by amendment.
Mr. Barker stated he is satisfied with the language modified in the amendment, and the process may be
used in the future to cut down on associated costs. Commissioner Jerke moved to approve said
agreement, 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. Ordinance #2006-6 was approved on third reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, September 6, 2006 2006-2466
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF C UNTY COMMISSIONERS
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Robert D. Mas e
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Minutes, September 6, 2006 2006-2466
Page 9 BC0016
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