HomeMy WebLinkAbout20050353.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 31, 2005
TAPE #2005-07
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, January 31, 2005, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem - EXCUSED
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of January 26, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on January 26,2005,as follows: 1)AMPF#431,OCON Group, LLC;and 2)AmUSR#1255, L.G.
Everist, Inc., do Banks and Gesso, LLC. Commissioner Long seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-0353
BC0016
0� -va-Ds-
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $405,074.73
Electronic Transfers -All Funds $3,814,530.25
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING PROFESSIONAL SERVICES-FIRST
PARTY RECEIVABLES SOLUTION: Dave Bressler, Director of Paramedic Services, stated the
memorandum of understanding allows Paramedic Services to forward any accounts,which have no patient
billing information, to First Party Receivables Solution, for collection. Commissioner Long moved to
approve said memorandum of understanding. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER AGREEMENT FOR SERVICES UNDER FEDERAL GRANT-NORTH RANGE BEHAVIORAL
HEALTH: Ken Poncelow, Sheriff's Office, stated North Range Behavioral Health will provide services to
reduce recidivism and hold juvenile offenders accountable by using a specific program, which provides
intensive supervision and increased access to resources and groups to enhance accountability. He
explained North Range Behavioral Health will be reimbursed for those services from funds received from
a Juvenile Accountability Incentive Block Grant, which was approved in 2004. Commissioner Masden
moved to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously.
AUTHORIZE CHAIR TO SIGN PROXY FOR VOTING STOCK FOR THE ANNUAL MEETING OF THE
RURAL DITCH COMPANY: Commissioner Masden moved to authorize Chairto sign Proxy for voting stock
for the annual meeting of the Rural Ditch Company. Seconded by Commissioner Long,the motion carried
unanimously.
PLANNING:
CONSIDER REQUEST TO CHANGE CONDITION OF APPROVAL 4.6 OF USR #1394 - NORTHERN
COLORADO CONSTRUCTORS, INC.: Chris Gathman, Department of Planning Services, stated the
applicant is requesting that Condition of Approval 4.B,stipulated under USR#1394,dated September24,
2003, be amended to allow a vault system. Mr.Gathman stated the applicant needs to clarify whether the
vault system will serve a repair shop and a scale house located on the property. Ken Rollin, representative
for the applicant,stated,when the project was first conceived,the plan was to use an existing house on-site
as a scale house with one employee. He explained because the house could be lived in,the applicant was
required to design a septic system for the two-bedroom house; he stated this was done and a permit was
issued. Mr. Rollin stated the original plan has changed--the house will be demolished and the scale house
will be a portable office trailer housing one employee. He stated because of limited use and the fact that
the entire site is located in a floodplain,the applicant is requesting a vault system be installed for the scale
house. Responding to Chair Jerke, Mr. Rollins stated there will be no repair shop, just a scale house.
Responding to Commissioner Vaad, Pam Smith, Department of Public Health and Environment, stated
according to Weld County Code, the vault will be equipped with an audible and/or visual alarm,which will
monitor the pump. There was no public comment. Commissioner Vaad moved to approve said request
and strike any reference to the repair shop. Seconded by Commissioner Masden, the motion carried
unanimously.
Minutes, January 31, 2005 2005-0353
Page 2 BC0016
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PUD FINAL PLAT, PF
#1035- RED BARON DEVELOPMENT, LLC: Sheri Lockman, Department of Planning Services, stated
the applicant has requested partial cancellation and release of collateral for the street base and retention
ponds in the amount of$33,484. Peter Schei, Department of Public Works, stated a site inspection was
conducted and the work is complete. Commissioner Long moved to approve said partial cancellation and
release of collateral for PUD Final Plat, PF#1035. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER REQUEST FROM AGGREGATE INDUSTRIES - WCR, INC., TO PREADVERTISE SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1350: Kim Ogle,
Department of Planning Services, stated the applicant is requesting Pre-Advertisement for USR#1350.
He stated the applicant has indicated the request is time sensitive because all Weld County permits require
approval prior to depletion of the existing reserves at the County Road 6 and State Highway 85 facility,which
should occur in early Spring of 2005. He explained that USR#1350 had been put on hold to allow the
applicant to resolve issues brought up at a Planning Commission meeting held October 16, 2001. He
stated the applicant is now requesting a February 15, 2005 Planning Commission hearing date.
Connie Davis,Aggregate Industries(Al),stated proposed USR#1350 is a sand and gravel mining operation
and is intended as a replacement source for an existing operation where aggregate mining is occurring
under USR#905(#905),known as the Platte Valley Operation, located east of and adjacent to USR#1350.
She explained material which is extracted under USR#1350 will be conveyed to the processing facilities
under#905, when the resources under#905 are depleted in April 2005. She explained USR#1350 was
originally submitted in 2001, in an effort to assure all permitting would be in place prior to depletion of#905;
however, the case was continued indefinitely from October 16, 2001, due to the Planning Commission's
issues related to Al's pending Army Corps of Engineers 404 Clean Water Act Permit (404 permit). She
stated the continuation was proposed to provide the Army Corps of Engineers(ACOE),the Environmental
Protection Agency and the U.S. Fish and Wildlife Service an opportunity to determine the status of those
issues. She stated the ACOE is in the process of writing the 404 permit and Al has been assured that
issuance is forthcoming; however, the delay has placed the supply of aggregate material, under#905, at
risk. She explained there are major pre-mining activities that need to occur with the proposed application
prior to April, primarily the construction of a conveyor bridge over the South Platte River, to convey the
material from USR#1350 to#905. In addition, she stated there are certain non-wetland areas that must
be excavated in order to prepare them for mitigation wetlands,which is a requirement under the 404 permit.
She stated Weld County has approved a Flood Hazard Development Permit; the Colorado Division of
Minerals and Geology has issued a mining permit; and a well permit and temporary substitute supply plan
have been approved by the State Engineers Office. In addition, she stated amended applications for air
emissions and water discharges have been filed and permits will be approved before commencing activities
associated with those permits.
Ms. Davis stated a February 23, 2005 hearing date, before the Board of County Commissioners, was
confirmed with the Clerk to the Board's office. However, she stated that after conversations with Weld
County staff regarding a possible lengthy Planning Commission hearing, resulting in complex preparation
of the Resolution and Minutes of the meeting,staff scheduled a February 28,2005 hearing date. She stated
February 28, 2005 will not work for the applicant because they have another zoning application hearing
scheduled. She stated, by working closely with the Departments of Planning Services, Public Works and
Public Health and Environment,the applicant expects to meet the recommended Conditions of Approval
for plat recording by the requested date of February 15,2005. She explained that it is critical that Al be able
to proceed with preparations for extraction activity under USR#1350 to assure an uninterrupted supply of
material to fulfill customer demand, and approval of USR #1350 by Weld County is the only matter
remaining to enable them to commence activity.
Minutes, January 31, 2005 2005-0353
Page 3 BC0016
Responding to Chair Jerke, Ms. Davis stated the biggest concern expressed by the Planning Commission,
at the October 16, 2001 meeting,was related to letters staff received from U.S. Fish and Wildlife and the
Environmental Protection Agency regarding the 404 Permit and the disturbance of wetlands. She stated
Weld County staff seemed confused with trying to tie the County permit to the Federal agency's 404 Permit,
and the matter was tabled to allow resolution of issues and to give Al an opportunity to obtain the 404
Permit. Chair Jerke expressed concern with the matter taking three and a half years to resolve and the
Board of County Commissioners being called upon to change the Weld County process of scheduling
meetings.
Carol Harding, Deputy Clerk to the Board, confirmed February 28, 2005 would be an appropriate date for
the hearing, stating any date before February 28 would be problematic for staff. Responding to
Commissioner Long, Ms. Harding stated February 28 is the best date for staff and a February 23 hearing
date would require scheduling of overtime. Ms. Davis reiterated that because of all the preparation that Al
has done, the hearing should not be as complex as Weld County staff is anticipating.
Ms. Davis stated Al has been under the impression from staff that the 404 Permit was required before
issuance of the County permit; and while Al has been assured from the Army Corps of Engineers that the
404 Permit is forthcoming, the Agency is under no obligation to expedite the issuance of the 404 Permit.
She stated there are preparatory activities that AI could engage in that do not require a 404 Permit, such
as mining activity in non-wetland areas. Responding to ChairJerke, Ms. Davis stated the conveyor bridge
will take two months to be constructed. Responding to Mr.Ogle, Ms. Davis stated Al is not required to have
the 404 Permit to construct the conveyor bridge,and if Weld County allows conveyor bridge construction,
a March 16, 2005 hearing date would be acceptable.
Monika Mika, Department of Planning Services, stated Weld County could release the Building Permit to
allowAl to commence construction of the conveyor bridge,with the understanding that,because the Board
of County Commissioners has not heard USR#1350,there are no guarantees USR#1350 will be approved.
Responding to Commissioner Vaad, Mr. Ogle stated not all the Conditions of Approval have been met
because the 404 Permit has not been issued; however,the majority of the referral comments made by the
Federal agencies have been addressed over the past three and a half years. He stated Al is not required
to have a 404 Permit to be permitted by Weld County; however,the 404 Permit is required to perform work
in the wetlands and the area around the river. There was no public comment. Chair Jerke stated a hearing
date of March 16, 2005 will be scheduled;with the issuance of a Building Permit allowing construction of
the conveyor bridge at the applicant's risk. Commissioner Vaad moved to approve said request from
Aggregate Industries - WCR, Inc., with the hearing date to be set as March 16, 2005, at 10:00 a.m.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT FORM
OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,S#554, IDAHO CREEK, PHASE
3-KB HOME OF COLORADO, INC.: Ms. Mika stated there have been challenges in getting some of the
improvements for the First,Second and the Open Space filings completed. She stated all identified fencing
is complete as of January 25, 2005. She explained $18,000 was set aside, in the First Phase of the
collateral improvements agreement, for a fiber system play service; however, she observed cedar chips
at the site, which do not meet Weld County's minimum standards. She stated there are ongoing
discussions with the applicant to ensure appropriate materials are used for the area. She stated that a
restroom located adjacent to the play area was approved; however,the restroom has been closed and the
door handle is missing. She stated the applicant is proposing the restroom be open 24 hours a day, from
April15, 2005 to November 15, 2005, which is appropriate considering the structure is not winterized. In
addition, she stated the two pedestrian crossings--one going to the school site and the other to the open
space area--are not evident. She added collateral for the Open Space was accepted by the Board of
Minutes, January 31, 2005 2005-0353
Page 4 BC0016
County Commissioners; however, on December 15, 2004,the applicant received a Stop Work Order due
to lack of a 404 Permit. She summarized by stating the Departments of Planning Services and Public
Works have concerns about acceptance, release of collateral and commencing development in the Third
Filing of Idaho Creek due to the number of items not completed in the First,Second and Open Space filings.
Keith Meyer, Department of Public Works, stated staff received a drawing of the proposed pedestrian
crosswalks and the trail connection that leads to the proposed school site. He stated staff agrees with the
proposed schematics; however,the crosswalks are shown at incorrect locations from what was originally
submitted on the Development Plan. He explained the applicant has proposed giving the money to Weld
County for installation of at least one of the crosswalks; however, staff would not support that option
because the proposed crosswalks are pedestrian actuated and require a power source. He stated it is not
in Weld County's best interest to be responsible for an electric service. He stated the pedestrian
connectivity is important and,as part of the installation,staff has asked the applicant to provide an asphalt
trail to provide connectivity to the crusher fines trail that leads to the Open Space, and if the asphalt trail is
not provided, staff will not recommend a defined crosswalk.
Richard Holpp, KB Home (KB), stated he wants to get permits issued to begin Phase 3 as soon as
possible, and he has worked with staff to get all identified concerns fixed. He stated the fencing is
completed and he is negotiating with staff regarding an acceptable fiber system. He stated the material
currently in place for the fiber system is wood-based and tends to hold up better than wood chips; however,
if Weld County requests a different material, KB will make the change. He stated the restroom is not
winterized and will be closed until April 15,2005. Mr. Holpp stated the Open Space Park is a separate issue
from Phases 1 and 2. He explained Weld County has issued a Flood Hazard Permit and KB is waiting for
a letter from the Army Corp of Engineers, which would amend the existing 404 Permit to include the trail.
He stated limited spoils from Phase 2 grading have been placed on Phase 3 and KB asks that this be
allowed to remain due to the anticipation of starting Phase 3 as soon as possible. He stated two referenced
trailers are in process of being relocated and the concrete washout has been permitted. He stated the only
unresolved issues are the pedestrian lights,which should be arriving late February, a decision on the fiber
system, and the anticipated letter addressing the 404 Permit. Mr. Holpp stated KB is diligently working on
all outstanding items and asked that the grading permits to start Phase 3 be issued, because everything
is weather specific and it is important that the dirt is moved now so that concrete, gutter and asphalt can
be worked when weather permits. Responding to Chair Jerke, Mr. Holpp stated Phase 3 is the final phase
and there is collateral in place and,as soon as KB receives the building permit,work will begin on the Open
Space trail and will be completed. He explained the trail project will include culvert, irrigation ponds and
bridge construction. Ms. Mika stated Phases 1 and 2 were allowed to proceed to get the population base,
in order to substantiate the completion of the Open Space area. She explained the Homeowner's
Association will own and maintain the area. Mr. Holpp stated KB is interested in completing the Open
Space area and has attempted to complete the trail system; however, KB has experienced permit snags.
Responding to Commissioner Vaad, Mr. Holpp stated Phase 1 is built out and there are a few vacant lots
available in Phase 2. Mr. Holpp explained he cannot get the electrical installed for the crosswalk until March.
Responding to Chair Jerke, Mr. Holpp stated Weld County will eventually own the pedestrian light and will
ultimately be responsible for maintenance. Responding to ChairJerke,Mr.Meyer stated the crosswalk light
is typical signage; however, the confusion has stemmed from the type of configuration the applicant has
proposed. He stated the same signage can be accomplished without an electrical power source, and then
the County could maintain the signage. Responding to Commissioner Vaad, Mr. Meyer verified the location
of the crosswalks, stating it would make sense to coordinate the crosswalk construction with the school
site construction. He stated from staff standpoint,the crosswalks currently have no place to go because
the school is not yet constructed. Ms. Mika stated the St.Vrain School District has not indicated the timing
of construction of the proposed school. Chair Jerke stated that the school district may wait for several more
years before constructing the school. He stated Weld County needs to clear the collateral for Phase 2, so
Minutes, January 31, 2005 2005-0353
Page 5 BC0016
that the crosswalk for the Open Space can be completed,and then hold collateral in escrow for the school
crosswalk. Mr. Meyer recommended constructing one crosswalk that is signed accordingly and reserve
escrow monies for a pedestrian actuated crosswalk at the time the school is built.
ChairJerke expressed reluctance to approve said matter,stating the Third Filing is the assurance that the
developer will use diligence in completing the previous two phases. He stated the County is not in the
business of holding monies to finish incomplete projects. Mr.Barker recommended a continuance to give
the applicant time to complete unresolved issues in Phases 1 and 2. He stated the agreement does not
address the crosswalks and there needs to be some specificity regarding that item in the agreement. He
stated the intent of holding collateral is to ensure that all items are completed. He stated staff should
conduct a work session with the Board of County Commissioners to review the outstanding issues,so that
at the next meeting, everyone is more aware of what needs to be accomplished. Commissioner Long
stated the applicant needs to go back and make certain that everything promised is carried out, instead of
changing direction in mid-course. Mr. Holpp requested the County issue grading permits and the applicant
will work with the Department of Planning Services to develop deadlines,realizing that a Stop Work Order
can be issued if deadlines are not met. Commissioner Long stated he appreciated the applicant's concern
about being able to move dirt; however, the applicant has not completed the work in a timely manner.
Commissioner Vaad expressed concern that the Board of County Commissioners not jeopardize a good
development because there is a need for this kind of housing. He stated there have been statements made
indicating the staff has not been willing to issue permits; however, the applicant needs to be able to go
ahead and move dirt to keep them on schedule because people are going to be looking for homes in the
Spring. He agreed that there needs to be compliance with the original agreement and the Board of County
Commissioners has a history of helping developers become successful.
Mr. Holpp stated KB is not trying to be difficult and is trying to work with the County;however,the first notice
KB received from the Countywas a letter dated November 10,2004,with a list of five incomplete items and
from that date to present, the list has grown. He stated KB did not understand that the County required
Phase 2 to be completed and approved before Phase 3 could be started, and he is not certain that the
matter has been discussed,written down, or that it was even possible to perform. Ms. Mika recited from
Exhibit B, 1 st Filing of the Improvements Agreement,"All improvements shall be completed within two years
from the date of approval of the final plat". She stated that it should not be a surprise to the applicant that
they needed to get the requested items finished within two years.
Responding to Commissioner Long, Mr. Barker stated if the applicant is able to successfully comply with
the issues prior to the continuance date, the matter can be brought back before the Board of County
Commissioners without notification. Commissioner Long moved to continue said matter to April 4,2005.
Seconded by Commissioner Masden, the motion carried unanimously. {Clerk's Note: This item was
rescheduled to 02/28/05.}
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
•
Minutes, January 31, 2005 2005-0353
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William H. Jerke, Chair
' 1861 c' ~R pp}}��a to the Board
1_�
►ak_.Y�d1' , EXCUSED
M. eile, Pro-Tem
Deputy Clerk to the =oard
D ' E. Long
Robert D. MasderX
/.1A,(A IrVII
Gle n Vaad
Minutes, January 31, 2005 2005-0353
Page 7 BC0016
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