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Home My WebLink About20050372.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 17, 2005 TAPE #2005-05 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 17, 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 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 Masden moved to approve the minutes of the Board of County Commissioners meeting of January 12, 2005, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on January 11, 2005: 1) Violations Hearings; and Hearings conducted on January 12, 2005, as follows: 1) USR#1491, Timothy and Lori Ehrlich; 2)COZ, MZ#1056, Francisco Granados, do Pickett Engineering, Inc.; 3) COZ, CZ #1076, Dave and Todd Finley, c/o LANDPROfessionals, LLC; and 4) AmUSR #1441, L. W. Miller, LLC, c/o AGPROfessionals, LLC. Commissioner Masden seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Dave Clarkson and Chad Morgan, representatives from the Colorado Division of Wildlife, were present to discuss the purchase of an easement located within the Centennial State Wildlife Barrier. Mr. Clarkson stated the Division of Wildlife is requesting a letter, in support of said purchase, from the Board of County Commissioners. Responding to Chair Jerke, Mr. Clarkson stated there are no Weld County roads involved. Chair Jerke recommended Mr. Clarkson submit the information to the office of the Board of County Commissioners to determine if a work session is required. CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2005-0372 BC0016 42.-0/ C WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $267,102.03 Electronic Transfers -All Funds $2,803.75 Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner Long seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF WELD COUNTY ROAD 59 AND WOODWARD AVENUE: Frank Hempen, Jr., Director, Department of Public Works, identified the intersection of the proposed installation of said devices. Mr. Hempen stated staff received a request from the Town of Keenesburg for the installation, and a subsequent staff review of the conditions at said location determined that there is heavy traffic, along with elementary school pedestrians crossing the intersection,justifying the need for a four-way stop. Commissioner Masden moved to approve said installation. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER APPOINTMENTS OF DEPUTY DISTRICT ATTORNEYS - ROBERT WIEST, MATT MAILLARO, DAVID GODDARD, ROBERT FRICK, MARK GONZALES, THOMAS JOAQUIN, WILLIAM MCADAMS,WILLIAM BREITIGAM, JENNIFER CLEGERN,THERON HOPPE, C. BRENT KELLY,JAMIE THOLSON,AMANDA MASHIN, CHRISTIAN SCHULTE, ROBERT MILLER: Commissioner Long moved to approve said appointments of Deputy District Attorneys. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPOINTMENTS OF CHIEF DEPUTY DISTRICT ATTORNEYS-SUSAN KNOX, MICHELE MEYER, MICHAEL ROURKE, STEVEN BERNARD: Commissioner Long moved to approve said appointments of Chief Deputy District Attorneys. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPOINTMENT OF ASSISTANT DISTRICT ATTORNEY - PHILIP CLARK: Commissioner Long moved to approve said appointment of Assistant District Attorney. Seconded by Commissioner Masden, the motion carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR MAJOR SUBDIVISION FINAL PLAN, MJF#1062-JER, A PARTNERSHIP: Michelle Martin, Department of Planning Services, stated an Irrevocable Letter of Credit for the Private Improvements Agreement for MJF#1062 was received in the amount of$102,566. She stated that after review of the collateral by the Weld County Attorney, the Departments of Public Works and Planning Services have determined that the amount will be sufficient to complete the on-site improvements. Responding to Chair Jerke, Ms. Martin stated the monies will cover improvements to thirteen lots. Responding to Commissioner Masden, Peter Shei, Department of Public Works, stated the developed parcel will have a detention pond that will take care of any drainage issues associated with the project. Commissioner Masden moved to approve said improvements agreement and accept collateral for Major Subdivision Final Plan, MJF#1062. Seconded by Commissioner Geile, the motion carried unanimously. Minutes, January 17, 2005 2005-0372 Page 2 BC0016 CONSIDER FOUR-LOT RECORDED EXEMPTION#3983-TWIN VIEW ESTATES, LLC: Chris Gathman, Department of Planning Services, identified the location of the property. Mr. Gathman stated the only issue with said recorded exemption is Section 24-8-20.C.3 of the Weld County Code states "The four-lot recorded exemption application shall include the total contiguous land ownership". He stated the applicant owns contiguous property in the northwest quarter of Section 17 that should be included in the application; however, he stated there is currently a proposed amendment to the Code that will address this issue. Responding to Chair Jerke, Mr. Gathman reviewed the County roads bordering said property, and the size of each of the four lots. Responding to Chair Jerke, Sharon Frazer, AGPROfessionals, LLC, representative for the applicant, stated once the property has been formally surveyed, the lot lines will change slightly;she added that Lot D will continue to be farmed. Commissioner Masden moved to approve Four-Lot Recorded Exemption#3983. Seconded by Commissioner Long,the motion carried unanimously. CONSIDER FOUR-LOT RECORDED EXEMPTION #3978 - FRED WALKER: Jacqueline Hatch, Department of Planning Services, identified the location of the property. Ms. Hatch requested Four-Lot Recorded Exemption #3978 and Subdivision Exemption #1043 be heard together because they refer to the same property. Chair Jerke called for both matters to be heard as one. Ms. Hatch stated the Department of Planning Services is recommending denial of Four-Lot Recorded Exemption #3978, because the applicant has not shown compliance with Section 24-8-20.C.3 of the Weld County Code, which requires contiguous property to be included in the application. She stated staff is also requesting denial of Subdivision Exemption #1043 because it is being applied for in conjunction with Recorded Exemption #3978. She added, if the Board of County Commissioners approves Four-Lot Recorded Exemption #3978 and Subdivision Exemption #1043, staff has recommended Conditions of Approval. Responding to Chair Jerke, Ms. Hatch reviewed the location of Lots A, B, C and D, stating the Subdivision Exemption will create an additional lot. Responding to Commissioner Geile, Ms. Hatch stated the matter was referred to the Towns of Windsor and Severance for comment. She explained the Town of Severance did not respond and the Town of Windsor responded with a letter recommending approval of the Recorded Exemption subject to Conditions of Approval. She stated the applicant is required to address the Town of Windsor letter; however, Ms. Hatch stated Weld County does not enforce the Town of Windsor's requests. Ms. Hatch stated Weld County requires a right-of-way reservation for future expansion of Weld County Road 78 and 100 feet from the centerline of State Highway 257 as delineated right-of-way reservation for future expansion of State Highway 257. Responding to Chair Jerke, Ms. Frazer explained the existing mobile home located on the property is an accessory to the farm. She stated the applicant agrees to the Conditions of Approval, and she will forward a letter to the Town of Windsor thanking them for their input to the process. After discussion regarding the purpose of Subdivision Exemptions, Commissioner Long moved to approve Four-Lot Recorded Exemption#3978. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER SUBDIVISION EXEMPTION #1043 IN CONJUNCTION WITH RECORDED EXEMPTION #3978 - FRED WALKER: Commissioner Masden moved to approve Subdivision Exemption #1043 in conjunction with Recorded Exemption #3978. Seconded by Commissioner Long, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, January 17, 2005 2005-0372 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:50 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,1 COLORADO ATTEST: //� ��—be. 1F� /��/1 E �r �� William H. J e, Chair Weld County Clerk to the Boo ,t► J 1 trill/iv, ` M. J. eile, ro- em BY: 4eAri NI' J Deputy Clerk to the Board °SeA,� D vid E. Long Vb ‘15 Robe D. Masden _444 Glenn Vaad Minutes, January 17, 2005 2005-0372 Page 4 BC0016 Hello