HomeMy WebLinkAbout20061580.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 12, 2006
TAPE #2006-22
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 12, 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, 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 June 5,2006,as printed. Commissioner Vaad 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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,228,561.19
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
2006-1580
BC0016
NEW BUSINESS:
CONSIDER TASK ORDER OPTION TO RENEW LETTER#2 FOR TUBERCULOSIS PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Jill Birch, Department of Public Health and Environment,stated the amount
of the task order letter is$51,513.00. She stated the Department will be reimbursed at a rate of$12.50 per
on-site visit and$25.00 per off-site visit. Commissioner Masden moved to approve said letter and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION#1 FOR WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated
the expenditure modification reflects the recision of federal funds and adjusts budget figures and participant
plans.Commissioner Vaad moved to approve said modification and authorize the Chair to sign. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 8, BETWEEN WCRS 15 AND 17; AND WCR 17,
BETWEEN WCRS 8 AND 10: Frank Hempen, Jr., Director of Public Works, stated the road closure
request from Central Weld Water District, on behalf of Northern Colorado Contractors, is for the purpose
of the installation of an eight-inch water line. He stated that the closure plan and detour route have been
reviewed and the Department recommends approval. In response to Commissioner Masden, Mr. Hempen
stated Central Weld Water District did not meet the proposed deadline for a construction project along Weld
County Road 13, north of State Highway 66; however, the project has been since completed.
Commissioner Vaad moved to approve said temporary closure. Seconded by Commissioner Jerke, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 38 BETWEEN STATE HIGHWAY 60 AND WCR 23:
Mr. Hempen stated the road closure, requested by Platte Sand and Gravel, is for the purpose of paving a
two-mile segment of Weld County Road 38, between State Highway 60 and Weld County Road 23. He
stated the Department recommends approval of the closure and acceptable plans are on file. He further
stated the detour route will be from Weld County Road 23 to Weld County Road 40,or Weld County Road
25 to Weld County Road 40,depending which section of the road is closed. In response to Commissioner
Jerke, Mr. Hempen stated County inspectors will be on-site to monitor the paving project, and a security
bond is in place to ensure the work is done properly. Responding further to Commissioner Jerke,
Mr. Hempen stated the term of the bond is one year. In response to Commissioner Masden, Mr. Hempen
stated Platte Sand and Gravel is responsible for the maintenance of the detour routes and the routes will
be treated for dust control. In response to Chair Geile, Bruce Barker,County Attorney,stated Platte Sand
and Gravel has presented a letter of credit, not a bond, in the amount of$911,042.00 through Wells Fargo.
Mr. Barker stated this is the full amount the County had requested and he is satisfied with the letter of credit.
He further stated 15 percent of the total amount will be retained for a period of one year as a paving
warranty. In response to Chair Geile, Mr. Hempen stated the design requirements will be met by placing
five inches of asphalt over eight inches of compacted base. In response to Commissioner Masden,
Mr. Hempen stated drainage issues have been addressed. Stan Odenbaugh,surrounding property owner,
stated his concerns regarding safety issues of the residents along Weld county Road 38. He stated Platte
Sand and Gravel began work prior to receiving approval from the County and without a traffic control plan.
He further stated the company employees drive wide-load mining trucks along the road which is a hazard.
He stated the company was delayed with the chip seal project and the company did not apply magnesium
chloride to the road for dust abatement as was agreed to. In response to Mr.Odenbaugh, Perry Eisenach,
Public Works Department,stated Platte Sand and Gravel did begin road work without an approved traffic
control plan and as a result,the County shut down the road work. He further stated an acceptable control
plan was received last week and work has resumed. In response to Chair Geile, Mr. Eisenach stated the
County maintains the right to shut down road construction operations if the work being performed does not
meet the minimum standards. Commissioner Jerke moved to approve said temporary closure. The motion
was seconded by Commissioner Long. Commissioner Jerke stated it is encouraging that the company is
Minutes, June 12, 2006 2006-1580
Page 2 BC0016
completing the project and has provided the majority of the financial burden. He further stated the closure
will ultimately result in a major improvement to the area and the surrounding property owners. There being
no further discussion, the motion carried unanimously.
CONSIDER POSSESSION AND USE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO WCR 40.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS-THOMAS AND LINDA WRIGHT: Mr. Hempen stated the agreement, in the amount of
$5,065.00,will provide for the acquisition of right-of-way and repairs to an existing fence and landscaping.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT
EASEMENT AND AUTHORIZE CHAIR TO SIGN - JOC, LLC: Mr. Hempen stated the total cost of the
acquisition is $1,000.00 and approval is recommended. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 5 AND
AUTHORIZE CHAIR TO SIGN-JRC, LLC: Mr. Hempen stated the cost of the acquisition is $1,700.00,
which includes locating an electrical distribution panel and damage to crops. Commissioner Masden
moved to approve said easement and authorize the Chair to sign. Seconded by Commissioner Long,the
motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 5 AND
AUTHORIZE CHAIR TO SIGN - JACQUELINE CLETCHER: Mr. Hempen stated the total cost of the
acquisition is$2,250.00 for reimbursement due to elimination of a custom brick mailbox and the Department
recommends approval. Commissioner Jerke moved to approve said easement and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDERTEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTSTO WCRS 40.5 AND
SANDAUTHORIZECHAIRTO SIGN-PHILIP CLARK: Mr. Hempen stated the cost of the acquisition will
be$438.00 and Department recommends approval. Commissioner Vaad moved to approve said easement
and authorize the Chair to sign. The motion was seconded by Commissioner Masden. Mr.Warden stated
Philip Clark is the Chief Deputy District Attorney. Responding to Mr. Warden, Mr. Hempen stated the
acquisition was based on the land value data report provided by Foster Valuation Company, and no other
considerations were included.
CONSI DERTEMPORARYCONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCRS 40.5 AND
5 ANDAUTHORIZE CHAIR TO SIGN-WELD COUNTY LAND INVESTORS, INC.: Mr. Hempen stated the
cost for acquisition is$300.00 and approval is recommended. Commissioner Masden moved to approve
said easement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDERTEMPORARYCONSTRUCTION EASEMENT FOR IMPROVEMENTSTO WCRS 40.5 AND
SAND AUTHORIZE CHAIR TO SIGN-CAROLE AND WALTER DEWOLF: Mr. Hempen stated the cost
of acquisition is$300.00 and approval is recommended. Commissioner Masden moved to approve said
easement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously. In response to Commissioner Vaad,Mr. Hempen stated there is one outstanding agreement
before the construction project along Weld County Roads 40.5 and 5 may begin. He further stated the road
construction work will begin next week and will be completed by September 2006.
Minutes, June 12, 2006 2006-1580
Page 3 BC0016
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 28 AT WCR 43: Mr. Hempen
stated the Department received a request for the uncontrolled intersection to be reviewed. He stated that
both roads have traffic counts of over 200 average daily trips. He further stated sight restrictions exist at
the northwest corner of the intersection. He stated the department recommends placement of stop signs
on Weld County Road 28, and the traffic on Weld County Road 43 will have the right-of-way. In response
to Commissioner Vaad,Mr. Hempen stated a temporary four-way stop is not used in a transitional situation;
however,a sign will be placed at the intersection indicating that traffic on the intersecting road does not stop.
Commissioner Vaad moved to approve said installation and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 40 AT WCR 15: Mr. Hempen
stated the Department received a call from a concerned citizen regarding this"T"shaped intersection. He
stated after review of the intersection, the department recommends placement of stop signs on Weld
County Road 40 as it joins the east side of Weld County Road 15. Commissioner Jerke moved to approve
said installation and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER INTERGOVERNMENTALAGREEMENT FOR COOPERATIVESLURRY SEAL PROGRAM
AND AUTHORIZE CHAIR TO SIGN -TOWN OF NUNN: Mr. Hempen stated Weld County Road 100 is
scheduled to receive improvements through the 2006 Slurry Seal program. He stated the Town of Nunn
has annexed a portion of Weld County Road 100, west of U.S. Highway 85, and the Town would like to
extend the slurry seal work. He stated the cost for the agreement is$5,950.00, paid by the Town of Nunn,
and the Department recommends approval. In response to Chair Geile, Mr. Hempen stated the Department
has not received any citizen complaints regarding Weld County Road 100. Commissioner Long moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,the motion
carried unanimously.
CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY FOR EVENT PARKING AND
AUTHORIZE CHAIR TO SIGN-TRIANGLE CROSS RANCH, INC.: Mr. Barker stated that Jeff Jerome,
Department of Public Works,requested an agreement be drafted concerning parking at a benefit event for
Triangle Cross Ranch. He stated the Triangle Cross Ranch would like to use an adjacent County property
for additional parking at a one-day event. He further stated that specified restrictions are contained in the
agreement. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF A RIGHT-OF-WAY OF FORMER
WELD COUNTY ROAD 62.2 AND RESERVE EASEMENTS FOR UTILITIES AND ACCESS TO
ADJACENT PROPERTIES AND THE NO. 3 DITCH: Mr. Barker stated the Poudre River Trail is located
north of Weld County Road 62.2, and the road had been previously been considered for access to the
Poudre River Trail; however, the road is no longer necessary. He stated the County does not need the
right-of-way, except for the purpose of granting access to adjacent properties. He recommended the
vacation of Weld County Road 62.2 between the intersections of 71st Avenue and F Street. Mr. Barker
referred to a letter of objection from surrounding property owner, Nader Ghaffarvand,marked Exhibit A. He
stated Mr.Ghaffarvand supports vacation of the road up to the point of his property line; however,he desires
to use the remaining section for access to the two parcels he owns since he has already completed
improvements to the road. Mr. Barker stated notice has been provided to surrounding property owners.
In response to Chair Geile, Mr. Barker recommended vacation of Weld County Road 62.2 from the
intersection of Weld County Road 29 to the section line. Robert Rule, attorney, stated he is providing
assistance to the Carter and Silva families, and expressed his appreciation to the Board for drafting a
Resolution. He stated Mr. Ghaffarvand will retain the reserved right-of-way easement as drafted in the
Resolution. He further stated it is a better idea to vacate the entire portion of the road. In response to
Minutes, June 12, 2006 2006-1580
Page 4 BC0016
Mr. Rule,Mr. Barker stated Exhibit B to the Resolution states the reservation of easement would continue
to exist; however, Mr.Ghaffarvand has not completed the improvements on the road to County standards.
In response to ChairGeile, Mr. Barker stated Mr.Ghaffarvand was notable to attend the meeting,therefore,
he presented a letter. Commissioner Long moved to approve said vacation to the section line as described
by Mr. Barker. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR THE 3-1-1 PROGRAM AND AUTHORIZE CHAIR
TO SIGN - CITY AND COUNTY OF DENVER: Mr. Barker stated a new 3-1-1 service has been
implemented in Denver, and the service often receives phone calls that need to be referred to other
counties, including Weld County. He stated the Weld county calls will be referred to Tracy Hays of United
Way, and the memorandum contains no fiscal obligation. In response to CommissionerJerke, Mr. Barker
stated the 3-1-1 service will make referrals for government services only, and the 2-1-1 service provides
referrals for non-profit organizations. ChairGeile stated the 3-1-1 Service Plan has been approved by the
Colorado Public Utilities Commission. Commissioner Jerke moved to approve said program. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER INTERGOVERNMENTALAGREEMENT RELATIVE TO MUTUAL WAIVING OF BUILDING
APPLICATION AND REVIEW FEES AND ALLOWING FOR SELF INSPECTION OF SUCH PROJECTS
ANDAUTHORIZECHAIR TO SIGN-CITY OF FORT LUPTON: Mr. Barker stated an agreement regarding
the waiver of building inspection fees for the new County building in Fort Lupton was drafted in February,
2006, and the appropriate signatures have been obtained. Commissioner Jerke moved to approve said
agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE:AUTHORIZATION FOR THE WELD COUNTY TREASURER TO CANCEL
COUNTY TAX LIEN SALE CERTIFICATES: Mr.Warden stated according to State Statute,the Treasurer
may deem tax liens uncollectible for various reasons,and the Department has the legal right to cancel the
debt to be struck from the tax record,which usually occurs once per year. He recommended cancellations
in the amounts of$49.70; $4,443.00; $3,524.24; and$3,520.24. Commissioner Jerke moved to approve
said resolution. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER ENERGY IMPACT GRANTAMENDMENT#1 FOR SOUTHEAST WELD TRANSMITTER AND
AUTHORIZE CHAIR TO SIGN: Mr.Warden stated funds in the amount of$316,000.00 were received from
the State to place an additional tower near the City of Fort Lupton. He stated a tower was placed near the
City of Brighton through the 800mhz Program;therefore, it would be more beneficial to place the equipment
at the tower near the Town of Dacono. He further stated placement of the equipment will improve the
coverage area in southeast Weld County,and the State has already approved an amendment of the grant.
Commissioner Vaad moved to approve said amendment and authorize Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDERAPPOINTMENTTF DEPUTY DISTRICTATTORNEYANDAUTHORIZE CHAIR TO SIGN-
EDWARD BULL: Commissioner Jerke moved to appoint Edward Bull as Deputy District Attorney and
authorize the Chair to sign. Seconded by Commissioner Long the motion carried unanimously.
CONSIDERAPPOINTMENTTO WORKFORCE DEVELOPMENT BOARD: Commissioner Long moved
to appoint Cathy Sandoval to the Workforce Development Board as the adult literacy representative,with
a term to expire December 31,2008. Seconded by Commissioner Jerke,the motion carried unanimously.
Minutes, June 12, 2006 2006-1580
Page 5 BC0016
PLANNING OLD BUSINESS:
CONSIDER MINOR RESUBDIVISION,RS#1072, FOR VACATION OF CERTAIN ROADS,STREETS,OR
ALLEYS(MUSTANG AVENUE)WITHIN GREEN ACRES SUBDIVISION-DENNIE HOFF/RONALD AND
SALLY HARMS(CON'T FROM 06/05/06): Jacqueline Hatch, Department of Planning Services,stated the
applicants originally applied for the vacation of Mustang Ave in October 2004. She stated Green Acres
Subdivision is located south of Weld County Road 8,and one-half mile west of Weld County Road 37. She
stated the matter has been continued four times, and applicant Dennie Hoff has since sold his property to
the Crabdrees, who are in support the request for vacation. Ms. Hatch displayed photos of the site,
depicting that Mustang Avenue is undeveloped. She stated a court decree,dated July 30,2003,divided a
surrounding parcel into two lots, which was recorded February 4, 2004. She further stated a stipulated
settlement agreement was issued by the Court on March 11,2005,which voided the decree,and the parcel
was divided into three lots. She stated a parcel was created east of the Speer Canal, and the parcel to the
west of the Speer Canal was ordered to complete an application for a Recorded Exemption. Ms. Hatch
stated the application for a Recorded Exemption has not been submitted to the Department of Planning
Services;therefore,the Court Order has not been completed and staff is reviewing the matter as the parcel
divided into two lots,each with an access. She stated Land Home Development created a warranty deed,
recorded on August 3, 2005, and deeded the property to Four Cousins, LLLP. She stated staff has
determined that the sale of the lot created an illegal lot since the obligations of the Court documents have
not been completed. She further stated staff has determined all existing lots have adequate access, and
have met the requirements of the Weld County Code,therefore,staff recommends approval of the vacation
of Mustang Avenue. She stated the Department has determined that Section 24-5-20, of the Weld County
Code,has been adhered to. Ms. Hatch stated the right-of-way has not been used for its intended purpose
for the past 21 years,since the Green Acres Subdivision was recorded in 1967,and Mustang Avenue was
never constructed. She stated the original purpose of Mustang Avenue was for access to Lots 1 and 3,the
Harms currently own both lots, and access the lots from Weld County Road 8. She further stated over
70 percent of the surrounding property owners have signed a petition,stating they have no objections to the
vacation.
Max Minning,Jr., attorney,stated after receiving an email from Ms. Hatch, he was under the impression that
staff would not recommend approval of the vacation. Mr. Minning presented a copy of the court order and
several letters of correspondence, marked Exhibit A. He stated Weld County was a participant in the
stipulated settlement, and the new parcel is an orphaned parcel since the ditch bisects the property. He
stated there is no access across the ditch, since it was granted in fee simple absolute. He stated the lot
can be established as an independent lot,therefore, it may not be denied access. He further stated State
statute does not allow speculation regarding access across the ditch through an agreement with the ditch
company. Mr. Minning stated all surrounding property owners have had notice of Mustang Avenue,and it
is the only access to the new parcel. He provided a copy of a Zoning Violation Notice, marked Exhibit C,
stating the recorded decree as the basis for the property split; however, the decree was vacated by an
Order that the County participated in. He stated the notice stated the properties had to be divided properly
by the end of June 2006 to come into compliance. He further stated there is no basis for removing the
required access, and he has concerns that the recommendation of the Department of Planning Services
has changed. He requested the Board deny the vacation of Mustang Avenue,or continue the matter to a
date after all court issues have been resolved.
Michael Gilbert,attorney representing Four Cousins, LLLP,stated he received a voicemail from Ms. Hatch
stating that the Department would recommend approval of the vacation; however, in all previous
communication with the Department he was informed staff was in opposition to the vacation. He stated the
County Compliance Officer stated the company had until the end of June 2006 to complete the legal
process for the proper division of the parcel. Mr.Gilbert stated the vacation of Mustang Ave would leave the
property owner with no access to the property,which is a violation of State statute. He stated the ownership
Minutes, June 12, 2006 2006-1580
Page 6 BC0016
of the parcel may not be in compliance with County ordinances;however, Four Cousins, LLLP,is the legal
owner of the property.
Anka Crabdree, stated she purchased property from Dennie Hoff in September 2005, and has only been
able to collect a small portion of the information needed to come to resolution regarding this matter. She
stated she does not want a road placed behind her house, since there is a gas well located at the south
corner and there are several large trees growing within the easement. She further stated the road is located
15 feet from the Harms residence. She stated the road was platted in 1967; however, it has never been
developed, and Mr. Harms and Mr. Hoff filed a petition to vacate the road. She further stated nothing has
filed on behalf of Four Cousins, LLLP until the past year. Ms. Crabdree stated access is not needed by
anyone other than Four Cousins, LLLP. She stated the matter has been continued several times to try and
determine who the correct surrounding property owners were. She further stated a water well was drilled
on Mr. Kosmiski's property, which led to a dispute between Mr. Kozmiski and Mr. Parker of Land Home
Development, and Mr. Parker was removed from the property by Sheriffs Deputies. She stated a volatile
situation exists between the landowners,and it is not known who truly owns the property. She stated she
does not want to deny Mr. Kosmiski access to the property,and he has an opening of approximately 50-feet
in which he can access the gas well. In response to Commissioner Vaad, Ms. Crabdree indicated her
property boundaries on the provided map. She stated Weld County Road 35 is not developed; however,
traffic accesses the ditch road to access the water well. She further stated the application for the vacation
was filed before the land swapping occurred, and she requested the vacation of Mustang Avenue be
granted.
Mr. Minning stated a lawsuit was originally filed in 2002,due to a family dispute,therefore, the petition for
vacation does not predate the dispute. In response to Mr. Minning, Mr. Barker stated the original court case
has been continued from 2002, and the court decree was issued before an application for the vacation of
Mustang Avenue was submitted. He stated Lee Morrison,Assistant County Attorney,previously participated
in the process,and he believes Mr.Gilbertand Mr.Minning have proceeded in an expeditious fashion. He
further stated the stipulated settlement agreement was filed in March 2005, and part of the reason for the
stipulation was the thought that Mustang Avenue would be available for access. He stated the settlement
agreement requires various alternatives of access, including use of Mustang Avenue,or crossing the ditch.
Mr. Barker stated there have been many extenuating circumstances that have occurred since March 2005,
and he believes Mr. Morrison would have called Mr.Minning to discuss the issues if he were not on a leave
of absence. He stated the Recorded Exemption application has been filed,therefore,Mustang Avenue must
remain as an option of access for review. He further stated they may have the ability to access the parcel
across the ditch; however, access over the ditch would still need to be negotiated. Mr. Barker
recommended the matter either be denied, or continued to a later date. Chair Geile stated the Board will
have the opportunity to ask questions regarding the access at the upcoming Recorded Exemption hearing.
Commissioner Vaad moved to continue the matter to July 5,2006,at 9:00 a.m. The motion was seconded
by Commissioner Jerke. Mr. Barker stated the matter needs to be continued to a later date, since two
weeks is not enough time for a determination of the Recorded Exemption process. Commissioner Vaad
withdrew his motion. Ms. Hatch recommended a continuance of the matter for at least 60 days. In
response to Commissioner Jerke,Mr. Barker stated if the motion were denied,the applicants could re-apply
based upon new circumstances; however, the applicant would have to pay the new application fee. He
further stated a continuance of the matter would prevent the applicant from having to pay the fee twice,and
would allow all the information presented in the application to remain intact. Commissioner Vaad moved
to continue the matter to October 2, 2006, at 9:00 a.m. Seconded by Commissioner Jerke, the motion
carried unanimously.
Chair Geile issued a short recess. Upon reconvening, Chair Geile is now excused.
Minutes, June 12, 2006 2006-1580
Page 7 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASEOF COLLATERAL FOR SITE PLAN REVIEW,SPR#392-
ZEEK PARTNERSHIP, LLLP, ON BEHALF OF ALFA PAVING, LLC, CIO KENNETH AND CONNIE
WILLIAMSON: Ms. Hatch stated that on April 12, 2006 the Board approved a partial cancellation in the
amount of$209,720.00. She stated replacement collateral, in the amount of$5,000.00,was accepted for
landscaping improvements. She stated staff conducted an inspection of the premises and release of the
remaining collateral in the amount of $5,000.00 is recommended. Don Carroll, Department of Public
Works, stated he completed a site visit in December 2005 and found all transportation items acceptable.
Commissioner Vaad moved to approve said cancellation and release of collateral. Seconded by
Commissioner Masden, the motion carried unanimously.
FINAL READING OF ORDINANCE#2006-4,IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 22 (COMPREHENSIVE PLAN) AND CHAPTER 26 (MIXED USE
DEVELOPMENT),OF THE WELD COUNTY CODE- PIONEER COMMUNITIES, INC.: Commissioner
Vaad moved to read the ordinance by title only. Seconded by Commissioner Jerke, the motion carried
unanimously. Mr. Barker read said title into the record. Brad Mueller, Department of Planning Services,
stated Pioneer Communities intends to create a new mixed use development in the southeast part of the
County near the intersection of Weld County Roads 49 and 22. Mr. Mueller read the key dates of the
ordinance readings and work sessions into the record. He recommended two modifications be made,
which are minor technical corrections discovered by applicant. In response to Commissioner Jerke,
Mr. Mueller stated the two technical changes are renumeration on page 12,and the relocation of a section
on page 15 to a more appropriate subsection. Chris Paulsen, Pioneer representative, thanked Planning
staff for all hours the of work invested in the process. Paul Grand,Town of Keenesburg resident,expressed
his support of the Ordinance. He stated the Keenesburg Chamber of Commerce will take a proactive look
at development within the area and he is looking forward to working with others regarding tax support in the
area. Commissioner Masden moved to approve Ordinance #2006-4 on final reading. Seconded by
Commissioner Jerke,the motion carried unanimously. Commissioner Vaad stated Weld County is dealing
with growth,whether wanted or not, and the Board may not simply grant approval of all proposals without
thoughtful consideration. He further stated that the Ordinance evolved into a Mixed Use Development Plan
and gave the Board the opportunity to be thoughtful of development and what the public's wishes are in
regard to development. Commissioner Jerke stated he is in favor of this process and that the opportunity
exists to be involved on the front end of growth,therefore growth is not perceived as haphazard. He further
stated the developer has a great track record and has the ability to create a greater marketplace within
Weld County. He stated that a community cannot develop faster than its sales. He further stated the
proposal keeps Weld County water in Weld County,and the 1-76 corridor is undiscovered,therefore, the
proposal makes sense from a smart growth perspective. Chair Pro-Tem Long concurred with
Commissioners Vaad and Jerke.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2006-4 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.
Minutes, June 12, 2006 2006-1580
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:55 a.m.
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Minutes, June 12, 2006 2006-1580
Page 9 BC0016
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