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Home My WebLink About20043549 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 20, 2004 TAPE #2004-55 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, December 20, 2004, 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 Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Debra S. Miller Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of December 15, 2004, as printed. Commissioner Geile seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance No. 229-B by tape. Commissioner Long seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on December 14, 2004, as follows: 1) Violations Hearings; and Hearings conducted on December 15, 2004: 1) Final Budget for Beebe Draw Law Enforcement District; 2)2005 Final Budget; 3) USR#1475, Samuel and Cynthia Clark, do Land Consultants; 4) USR#1487, Bible Baptist Church, c/o BleyAssociates,Architects; and 5)COZ, PZ#1050, P and A Turkey Farms, Inc.,do Todd Hodges Design, LLC. Commissioner Geile 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 Vaad moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. 2004-3549 BC0016 Of- l3CCU 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 $613,723.65 Electronic Transfers -All Funds $2,404.17 Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Long seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER TEMPORARY CLOSURE OF WCR 35 BETWEEN AA STREET AND STATE HIGHWAY 392: Frank Hempen,Jr., Director, Department of Public Works,stated said closure will be from January 3,2005, to February 25, 2005, for replacement of Bridge 35/66A. Commissioner Vaad moved to approve said temporary closure. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR 15 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-DONNA MCWHORTER: Don Carroll, Department of Public Works, identified the location of the property, and explained that most of the residents in the area have nonexclusive license agreements with the County. Commissioner Vaad commented that there appears to be a lot of vehicular activity occurring in this area of the County. The applicant was not present. Commissioner Long moved to approve said agreement. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2005 AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the Assessor's Office compiles the tax levies for certification by the Board of County Commissioners. Commissioner Jerke moved to approve said certification. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002 AND 2003-CRAIG AND LYNNE MCCLINTOCK: Mike Sampson,Assessor's Office, identified the location of the property and stated the land should have been assessed as agricultural. Commissioner Vaad moved to approve said abatement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003-GATEWAY LAKES, LLC, C/O CURTIS SEARS RENAISSANCE COMPANY, LLC: Mr. Sampson stated the account should have been adjusted. Commissioner Geile moved to approve said abatement. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003- KIVA PROPERTIES I, RLLLP: Mr.Sampson stated the mobile home park's value was originally assessed according to the amount of available spaces. He stated the Assessor's Office incorrectly numbered the sites and is requesting an abatement reflecting the corrected number of sites. Commissioner Long moved to approve said abatement. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-AMAIZEING FARM EVENTS, LLC: Bruce, Barker, County Attorney, stated the dance license is for the year 2005. Commissioner Jerke moved to approve said application. Seconded by Commissioner Vaad, the motion carried unanimously. Minutes, December 20, 2004 2004-3549 Page 2 BC0016 CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY- AUGUST 2004 THROUGH NOVEMBER 2004: Commissioner Geile moved to approve said reports and certifications of pay. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AGREEMENT FOR ESTABLISHMENT OF RETIREMENT PLAN FOR PUBLIC TRUSTEE AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the agreement establishes a retirement plan for the benefit of the employees of the Public Trustee's office to provide such employees with benefits equivalent to those provided to other employees of Weld County. Commissioner Jerke moved to approve said agreement. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER 2005 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTALAGREEMENT BETWEEN THE CITY OF GREELEYAND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES: Mr. Warden stated the agreement designates $333,837 as the amount to be budgeted in 2005 for the maintenance of Island Grove Park. Commissioner Vaad moved to approve said resolution. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY CONVENTION AND VISITORS BUREAU: Mr. Warden stated this matter and the following10 items of business concern specific providers receiving Weld County General Fund monies for services that will be provided to Weld County in 2005. Commissioner Geile moved to approve said memorandum of agreement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -ISLAND GROVE REGIONAL TREATMENT CENTER: See above. Commissioner Geile moved to approve said memorandum of agreement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ENVISION: See above. Commissioner Long moved to approve said memorandum of agreement. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-GREELEY-WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP: See above. Commissioner Long moved to approve said memorandum of agreement. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT FOR USE AND FUNDING OF A KID'S PLACE AND AUTHORIZE CHAIR TO SIGN: See above. Commissioner Geile moved to approve said memorandum of agreement. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH: See above. Commissioner Geile moved to approve said memorandum of agreement. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY SENIOR CITIZEN COORDINATORS: See above. Commissioner Vaad moved to approve said memorandum of agreement. Seconded by Commissioner Long, the motion carried unanimously. Minutes, December 20, 2004 2004-3549 Page 3 BC0016 CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-RADIO READING SERVICE OF THE ROCKIES: See above. Commissioner Long moved to approve said memorandum of agreement. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN- PROMISES FOR CHILDREN: See above. Commissioner Long moved to approve said memorandum of agreement. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-POUDRE RIVER TRAIL CORRIDOR, INC.: See above. Commissioner Vaad moved to approve said memorandum of agreement. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-UNITED WAY OF WELD COUNTY: See above. Commissioner Long moved to approve said memorandum of agreement. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER ORDINANCE NO.229-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2004: Mr.Warden stated this is the second and final supplemental appropriation Ordinance for budget year 2004. He summarized each appropriation from the following County funds: General Fund, Public Works, Health, Human Services, Motor Pool, Insurance,Ambulance and Phone Services,with each disbursement itemized in Exhibits A-1 through A-3, Exhibit B, Exhibits C-1 through C-12,and Exhibits D-1, D-2, E, F, G, H and I. Commissioner Geile moved to approve said Ordinance No. 229-B, In the Matter of a Supplemental Appropriation for the Year 2004. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING: CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND USR#1490- ROGER AND ALICE MONROE AND KEVIN AND SUSAN VENDEGNA, C/O NICOLE TREVETHICK: Jacqueline Hatch, Department of Planning Services, stated this matter and the following three preadvertisements are being recommended for approval by the Department of Planning Services. Responding to Commissioner Geile, Esther Gesick, Office of Clerk to the Board, recommended the cases scheduled for January 19, 2005, with the exception of AmUSR #1255, because the applicant requested a hearing on January 26,2005. Commissioner Geile moved to approve said request. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND USR PERMIT #1494 -ANTHONYAND DIANE GODDARD:See above item. CommissionerGeile moved to approve said request. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, AMPF #431 - OCON GROUP, LLC, AND LEHIGH ENTERPRISES ACQUISITION: See above item. Commissioner Geile moved to approve said request. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1255 -L.G. EVERIST, INC.:See above item. CommissionerGeile moved to approve said request. Seconded by Commissioner Vaad, the motion carried unanimously. Minutes, December 20, 2004 2004-3549 Page 4 BC0016 CONSIDER VACATION OF SPECIAL REVIEW PERMIT#639-GOOSE HAVEN SAND AND GRAVEL, INC.: Sheri Lockman, Department of Planning Services, identified the location of the property. Ms. Lockman explained the vacation was a Condition of Approval for PUD Final Plan, PF #1011. Commissioner Jerke moved to approve said vacation. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER THREE IMPROVEMENTS AGREEMENTS ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1011 -RIVER RUNS THROUGH IT, LLC,C/O DOUG TIEFEL: Ms. Lockman stated the Department of Planning Services, along with the Department of Public Works, is recommending approval of the three agreements and acceptance of two letters of credit for the north and south parcels, as well as Weld County Road 26. Commissioner Jerke moved to approve the three agreements and accept collateral for Planned Unit Development Final Plan, PF#1011. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER COLLATERAL FOR OPEN SPACE PARKS PORTION OF PUD FINAL PLAN,S#554, IDAHO CREEK -KB HOME OF COLORADO, INC.: Monika Mika, Department of Planning Services, stated the collateral, which consists of a bond in the amount of $346,006, is for the open space portion of said development. Ms. Mika explained that complete collateral has not been released in the first and second filing for the development because several required items are missing or are in violation. She stated there have been numerous challenges associated with the improvements agreement; however,the applicant is trying to remedy the issues. Responding to Commissioner Vaad, Mr. Carroll identified the location of the pedestrian crossings on drawings and stated the applicant will not be allowed to move into the third and final phase of the project until several outstanding issues have been resolved with the first and second phases. In response to Commissioner Vaad,Ms.Mika explained staff cannot prevent the applicant from applying for the final phase; however, it would be brought to the Board of County Commissioners with a recommendation of denial if these issues are not addressed first. She further stated the collateral is adequate for Weld County to complete the work,if necessary. Commissioner Jerke stated his observations were that the proposed ponds for the open space are still old gravel pits that have no landscaping, and he feels it appropriate to reaffirm the position of the Board of County Commissioners regarding the applicant's commitment to complete the project as originally approved. Commissioner Jerke moved to approve said collateral for the open space parks portion of PUD Final Plan, S #554, Idaho Creek. Seconded by Commissioner Geile, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 229-B was approved. Minutes, December 20, 2004 2004-3549 Page 5 BC0016 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 �� LD TY, C LORADO 1861 P Robert D. Masden, Chair � .�+ � I to the Board ®� A�� William H. rke, Pro-Tem Deputy Clerk t. the Board -M. J. David E. Long j ��G Glenn .42 Vaad Minutes, December 20, 2004 2004-3549 Page 6 BC0016 Hello