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Home My WebLink About20052052.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 18, 2005 TAPE #2005-30 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, July 18, 2005, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair Pro-Tern and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner William H. Jerke, Chair- EXCUSED Commissioner M. J. Geile, Pro-Tern Commissioner David E. Long - EXCUSED Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Jenny VanEgdom Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of July 13, 2005, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings conducted on July 12, 2005, as follows: 1)Violation Hearings; and hearings conducted on July 13, 2005: 1) USR #1506, Daniel Davis, c/o Larry and Kathy Rittel, c/o CR Design Service; and 2) AMUSR#1268, Edward and Eileen Fritzler, c/o KGF, inc., Attn: Glen Fritzler. 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: Chair Pro-Tem Geile requested Item#10 of the Consent Agenda, Resolution 2005- 2033, be reconsidered. Commissioner Vaad moved to reconsider said item. Seconded by Commissioner Masden, the motion carried unanimously. Bruce Barker, County Attorney, stated on July, 13, 2005, a Show Cause Hearing, regarding Use by Special Review Permit #828 for Judy Oakley, was set for August 17, 2005, at 10:00 a.m. Mr. Barker stated after the July 13, 2005, meeting, Chris Gathman, Department of Planning Services, received an email stating that Judy Oakley had vacated the property; therefore, there is no longer a need to proceed with a Show Cause hearing, and the date scheduled may be vacated. Commissioner Masden moved to vacate the Show Cause hearing. The motion, which was 2005-2052 BC0016 seconded by Commissioner Vaad, carried unanimously. Commissioner Vaad moved to approve the Consent Agenda. Commissioner Masden 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 $480,884.02 Electronic Transfers -All Funds $3,723.96 Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. OLD BUSINESS: CONSIDER ELECTRONIC RECORDING MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN -AFFILIATED COMPUTER SERVICES(CON'T FROM 7/13/05): Mr. Barker stated this item was continued from the previous meeting because of uncertainty regarding the memorandum. He stated after speaking with Gaye Hedin, Chief Deputy Clerk and Recorder, he understood that a separate division of Affiliated Computer Services (ACS) will be completing the scanning. He further stated the agreement was originally intended for large title companies, to be able to scan and send deeds immediately after a property closes. Responding to Chair Pro-Tem Geile, Mr. Barker stated the agreement is between ACS and the Clerk and Recorder, on behalf of the individual companies. He further stated the agreement is needed because a different department of ACS will be providing the scanning, and will be essentially working as a Contractor, and renumeration is received to cover the cost to the County. Commissioner Vaad moved to approve said memorandum and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. NEW BUSINESS: CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ROBERT W. LUPPI, APC, RETIREMENT TRUST: Walt Speckman, Director of Human Services, stated the term of this agreement is May 1, 2005, through April 20, 2006, and is for administrative office space for the Family Educational Network of Weld County in Olathe, Colorado. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN- AMY BROUGHTON: Commissioner Masden moved to appoint Amy Broughton as Deputy District Attorney and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. FINAL READING OF ORDINANCE #2005-7, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 APPENDICES, OF THE WELD COUNTY CODE: Commissioner Vaad moved to read by title only. The motion, which was seconded by Commissioner Masden, carried unanimously. Mr. Barker read the title into the record. Monica Mika, Director of Planning Services, submitted an assumption of fees, and a copy of a Colorado Court of Appeals Judgement for Bainbridge, Inc., marked Exhibits A and B, respectively. Ms. Mika stated she created a hypothetical scenario, based on the assumptions submitted into the record, for the creation of a Mixed Use Development area at the proposed fee of$25.00 per acre, and the calculations came very close to $25.00 per acre. Responding to Chair Pro-Tem Geile, Ms. Mika stated the fee could be substantiated, and made reference to the Bainbridge case, which indicates that it is appropriate to collect fees for Comprehensive Plan reviews. Minutes, July 18, 2005 2005-2052 Page 2 BC0016 Commissioner Vaad moved to approve Ordinance #2005-7 on Final Reading. The motion, which was seconded by Commissioner Masden, carried unanimously. FINAL READING OF ORDINANCE #2005-8, IN THE MATTER OF REPEALING AND REENACTING, WITH THE ADDITION OF ARTICLE VIII TO CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Vaad moved to read by title only. The motion, which was seconded by Commissioner Masden, carried unanimously. Mr. Barker read said title into the record. Ms. Mika stated the proposed impact fees will be effective August 1, 2005. She stated the stormwater fee allocations are only for properties within an urban area defined and recognized in Weld County. Responding to Chair Pro-Tem Geile, Ms.Mika stated urban growth areas include Intergovernmental Agreements, Urban Growth Boundaries, Urban Development Notes, or any lands presently in a Mixed Use Development area. Further responding to Chair Pro-Tem Geile, Ms. Mika stated the Urban Growth boundaries for the City of Greeley and the City of Evans are one-half mile from their respective municipal boundaries. Commissioner Vaad moved to approve Ordinance #2005-7 on Final Reading. The motion, which was seconded by Commissioner Masden, carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, ACCEPT COLLATERAL AND SUBORDINATION AGREEMENT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #594 - TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS: Sheri Lockman, Department of Planning Services, stated the streets in this development will not be paved until 2008; therefore, inflation is included in the cost figures. Commissioner Vaad moved to approve agreement, authorize the Chair to sign, and accept collateral and subordination agreement. The motion, which was seconded by Commissioner Masden, carried unanimously. CONSIDER RESUBDIVISION, RS #1096, FOR LOT LINE ADJUSTMENT IN DOS RIOS ESTATES, SECOND FILING, PHASE II - ALLELY/VIGIL/ELLIOT/ZENK: Chris Gathman, Department of Planning Services, submitted a memorandum, marked Exhibit A, requesting the addition of Condition of Approval 1.D. He stated the lot line adjustment is to allow construction of secondary structures on existing properties. Mr. Gathman stated the application was originally submitted for Resubdivision for Redesign and Additional Vacation for Final Plat; however, after review with the County Attorney, the process was revised to be considered as a Lot Line Adjustment. He stated the exterior boundaries of the lot lines will not be adjusted; the designated building areas within the lots will be adjusted. He stated Colorado Interstate Gas indicated it would like to be notified of any future construction, or equipment being transported across its easement. Mr. Gathman stated an addition to the resolution is recommended, regarding submitting revised covenants for Dos Rios Estates, specifically Section C-8. Responding to Chair Pro-Tem Geile, Mr. Gathman stated the utility easements are right-of-way easements. Zach Allely, property owner, stated he appreciated the help he received from staff during the application process. Responding to Chair Pro-Tem Geile, Mr. Gathman stated Condition 1.D will be added to the Conditions of Approval. Commissioner Vaad moved to approve Resubdivision, RS #1096. The motion, which was seconded by Commissioner Masden, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances #2005-7 and #2005-8 were 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, July 18, 2005 2005-2052 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:30 a.m. � i p -:� BOARD OF COUNTY COMMISSIONERS �� '//v�� in- 6611 � k ,4 WELD COUNTY, COLORADO ATTEST: C?, `; \ EXCUSED illiam H. e, Chair Weld County Clerk to the Board fir,a tis KO 7 / ♦ N M. J. Bile, Pro-Tem BY ifutd.,�1j% ,�Q�1��'- J Deputy Cler the Board EXCUSED DaVd E. Long Rob D. Mass/d n Glenn Vaad l Minutes, July 18, 2005 2005-2052 Page 4 BC0016 Hello