HomeMy WebLinkAbout20051511.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 16, 2005
TAPE #2005-24
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, May 16, 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of May 11,2005,as printed. Commissioner Geile seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on May 10,2005: 1)Violation Hearings;and hearings conducted on May 11,2005,as follows:
1)USR#1500, Robert and Esther Wiedeman, Go Marcum Midstream,and 2)PUD Final Plan,PF#1000,
Nesting Crane Ranch, Stenerson, Olson and Lowrey Development, LLC, Go Jeff Olson. Commissioner
Vaad 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 Geile moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $620,500.53
2005-1511
BC0016
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Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS-LEAHY
FAMILY FARM, LLC: Bruce Barker, County Attorney,stated the events will be held May 22,June 12,and
July31,2005. He stated the Use by Special Review Permit requires a Temporary Assembly Permit when
more than 350 people will be attending an event. David Leahy, applicant, was present. Commissioner
Masden moved to approve said application. The motion,which was seconded by Commissioner Long,
carried unanimously.
CONSIDER APPLICATION UPDATE FOR TRANSPORTATION GRANT FOR SECTIONS 5310 AND 5311
AND AUTHORIZE CHAIR TO SIGN CERTIFICATIONS AND ASSURANCES:Walt Speckman,Director of
Human Services,stated this is an on-going grant with the Federal transit administration. He stated this year
staff is requesting two vehicles, and the Chair's signature is required on all the assurances and
certifications that go along with the grant. Commissioner Geile moved to approve said update and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER BILATERAL CHANGE ORDER LETTER CONCERNING LONG TERM CARE CONTRACT
AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this change increases payment for fiscal year
2004 to 2005 by$43,145,to a total of$545,549. Commissioner Geile moved to approve said change order
and authorize the Chair to sign. Seconded by Commissioner Masden,the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING MIGRANT AND SEASONAL HEAD
START PROGRAM AND AUTHORIZE CHAIR TO SIGN - MONTROSE COUNTY SCHOOLS: Mr.
Speckman stated the School District will provide special education services for Migrant Head Start children.
Responding to Chair Jerke,Mr. Speckman stated we have not previously had this type of agreement with
all the school districts; however, we are entering into similar agreements more and more, sometimes at
the request of the district,and sometimes because of a Federal mandate. Commissioner Geile moved to
approve said memorandum and authorize the Chair to sign. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-MONTROSE
COMMUNITY DENTAL CLINIC: Mr.Speckman stated this agreement is for dental services,and the term
is from May 2, 2005, through November 30, 2005. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR13 AND AUTHORIZE CHAIR TO SIGN-BRAD LINKUS: Frank Hempen,Jr.,
Director of Public Works, stated this is for purchase of right-of-way on the Weld County Road 13 project.
Total of$7,400.00 includes right-of-way for$5,342.00, removal and replacement of an existing fence for
$1,658.00,and relocation of a motocross dirt track for$400.00. Responding to Commissioner Geile, Mr.
Hempen stated the total right-of-way is .5088 acres. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 62 BETWEEN WCRS 41 AND 43: Mr. Hempen stated
Weld County Road 62 had to be closed on May 10,2005,for approximately one week, upon discovery of
a failed crossroad culvert. It will reopen on May 17,2005. Commissioner Masden moved to approve said
closure. The motion, which was seconded by Commissioner Long, carried unanimously.
Minutes, May 16, 2005 2005-1511
Page 2 BC0016
CONSIDER RELEASE OF WEED CONTROL ENFORCEMENT LIEN - MICHAEL AND VICKIE
SCHWEITZER: Mr. Hempen stated a lien was placed on this property to pay for weed enforcement. The
Schweitzer's have paid their taxes,which included the lien amount. Commissioner Long moved to release
said lien. The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 23 RIGHT-OF-WAY - JUSTIN ESH: Don Carroll, Department of Public Works, stated this is a
Condition for Recorded Exemption #4082. He stated it is an 80-acre split, and there is 60 feet of
right-of-way available,although staff has recommended the applicant use his side of the section line. Mr.
Carroll stated the adjacent property owner was contacted; however, no negative feedback has been
received. He stated the access is one-quarter mile north of Weld County Road 96 on the Weld County
Road 23 section line. Commissioner Geile moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR IDAHO CREEK PLANNED UNIT
DEVELOPMENT,S#554,PHASE 1 -KB HOME OF COLORADO, INC.: Monica Mika,Director of Planning
Services, stated her on-site inspection on May 4, 2005, indicated the project for Phase 1 has been
completed. She recommended release of all collateral for Phase 1. Chair Jerke also called up the next
item of business, and Ms. Mika stated Phase 2 is also ready to be released, except for $18,230 for
non-transportation items. She stated there are several open space areas where reseeding is needed,and
the collateral should be held for approximately one year. Responding to Chair Jerke, Ms. Mika stated the
additional year of time will ensure the on-site irrigation system works correctly. Responding to
Commissioners Masden and Geile, Ms. Mika stated there is no Condition of Approval requiring the
applicants work with the Colorado Division of Parks. She stated the Homeowners Association will be
responsible for the entire open space area. Commissioner Long moved to cancel and release said
collateral for Idaho Creek PUD, Phase 1, in full. The motion, which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF
REPLACEMENT COLLATERAL FOR IDAHO CREEK PLANNED UNIT DEVELOPMENT,S#554,PHASE
2 -KB HOME OF COLORADO, INC.: Responding to ChairJerke, Ms.Mika reiterated this draft resolution
releases the collateral and accepts replacement collateral, in the amount of$18,230 for landscaping.
Commissioner Geile moved to release Development Bond #3S12723400 from Lumbermen's Mutual
Casualty Company, and to accept replacement collateral in the form of Letter of Credit#3075014, in the
amount of$18,230. The motion, which was seconded by Commissioner Vaad, carried unanimously.
SECOND READING OF ORDINANCE#2005-4,IN THE MATTER OF AMENDING MAP 2.1,STRUCTURAL
LAND USE MAP, TO MODIFY THE LAND USE DESIGNATIONS - CARMA COLORADO, C/O TOM
MORTON: Commissioner Vaad moved to read by title only. The motion, which was seconded by
Commissioner Masden, carried unanimously. Mr. Barker read said title. Ms. Mika stated specific
information regarding this request was presented at the First Reading. She displayed maps of the Mixed
Use Development(MUD)area showing this change,as well as the existing map. She stated the change
requested is in Section 25 and it is based on structural uses. She stated the portion of Section 34 included
in the Carma Development is consistent with what was previously approved. Ms. Mika stated no letters
have been received in opposition since First Reading. She stated the Town of Mead had indicated concerns
with contiguous boundaries,and the City of Longmont indicated concerns regarding the overall expansion
of the MUD. She reiterated this is merely a reclassification of land use. Ms. Mika stated the Department
has processed the corresponding land use case, which will come before the board sometime in June.
Commissioner Vaad stated Mead is still addressing its opposition to this development through the
newspaper, and he is sensitive to compatibility issues. Ms. Mika stated a large portion of Section 26 is
Minutes, May 16, 2005 2005-1511
Page 3 BC0016
residential,although there is some commercial development along the highway corridor. Commissioner
Geile requested the letter received from the Town of Mead,dated May 5,2005, be included in the record.
Mr.Barker stated it can be entered as Exhibit A,even though it is not specifically regarding this application.
Responding to Commissioner Geile regarding where Weld County Road 9.5 will travel through this
development,Ms.Mika stated she is not sure;however,the applicant is working to establish a Metropolitan
District to help finance some of the costs. Commissioner Masden stated he spoke with Mr. Hempen,who
said his staff is in the process of negotiating an agreement among the Colorado Department of
Transportation(CDOT),Mead,and Weld County regarding Weld County Road 9.5. He further stated CDOT
will provide some funding since it will be replacing the frontage road. Responding to Commissioner Geile,
Ms. Mika stated the Metropolitan District plans have not been completed at this point. Responding to
Commissioner Geile,Mike Partheymuller,representative of Carma,stated the Metropolitan District has not
been formed at this time;however,he is working with staff on it and it will only include the boundaries of the
Carma Development, and not any other portion of the MUD. Commissioner Masden moved to approve
Ordinance#2005-4 on second reading. The motion was seconded by Commissioner Geile, who stated
he reviewed the letter from Mead, and sees no reason to change his vote. On a call for the vote, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2005-4 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
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1861 1�'YL ��`(/v�(.t�ijt 6L�
y�"`I (/�( �( William H. rke, Chair
u Clerk to the Board
CU / J. le, Pro-Tem
Deputy Clerk to he Board t
Da ' E. Long
Robe D. Masde
G enn Vaad
Minutes, May 16, 2005 2005-1511
Page 4 BC0016
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