HomeMy WebLinkAbout20043449.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 8, 2004
TAPE #2004-53
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 8, 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 - EXCUSED
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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of December 6, 2004, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Jerke 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.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,107,223.84
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
2004-3449
BC0016
BIDS:
PRESENT AND APPROVE BRIDGE 27/58A, SHEEP DRAW PRIVATE UTILITY RELOCATION BID -
PUBLIC WORKS: Mr.Warden stated quotes were received from Buxman Excavating for$21,897 and GLH
Construction, Inc.for$12,363.92. He stated the Department of Public Works was requesting emergency
approval to GLH Construction, Inc., to allow the project to be completed within the Federal Bridge
Replacement Grant deadline. Commissioner Vaad moved to approve said bid. Seconded by
Commissioner Jerke, the motion carried unanimously.
OLD BUSINESS:
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WELD
COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN - PLATTE SAND AND GRAVEL, LLC (CON'T
FROM12/06/04): Keith Meyer, Department of Public Works,stated the agreement is for road maintenance
and improvements to Weld County Road (WCR) 38, which is the primary haul route for Platte Sand and
Gravel, LLC (PSG). Mr. Meyer stated a work session was held with citizens and the Town of Milliken.
Responding to Commissioner Geile, Mr. Meyer stated the responsibilities of PSG will be to maintain the
gravel roadway until temperatures exceed 50 degrees Fahrenheit,when PSG will be required to apply chip
and seal. He stated the road improvements will include maintenance,widening,shouldering and drainage
improvements to WCR 38 from WCR 23 to State Highway 60. Mr. Meyer stated the County Attorney will
draft a Memo of Understanding between Weld County and the Town of Milliken regarding enforcement of
the haul route. Commissioner Vaad moved to approve said agreement. Seconded by Commissioner
Jerke, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR THE ANNEXATION OF A PORTION OF WELD COUNTY ROAD 33
ANNEXATION, NUMBERS 5, 6, 7 AND 8 AND AUTHORIZE CHAIR TO SIGN -CITY OF EVANS: Bruce
Barker,County Attorney, reviewed the specifics of the petition and identified the location of the annexation.
He reviewed the request by the County to continue the annexation to the intersection of Weld County
Road 33 and Weld County Road 46. Responding to Commissioner Jerke, Jim Flesher,representative for
the City of Evans, confirmed that Weld County Road 33 will be annexed all the way to Weld County
Road 46. Commissioner Geile moved to approve said petition. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN,
PURSUANT TO C.R.S. §38-1-105,AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
GARY AND CHARLOTTA WILSON: Mr. Barker identified the property location. Responding to
Commissioner Vaad, Leon Sievers, Department of Public Works,confirmed that Gary and Charlotta Wilson
(Wilsons) had been notified of the December 8, 2004, Board of County Commissioners meeting through
counsel. Responding to Commissioner Geile, Mr.Sievers stated the proposed roadway would cut through
160 acres of the Wilson's property and the County is acquiring eight acres of said property. Mr. Meyer
stated the Wilsons would receive$9,000 in compensation for the impacted acreage. Mr. Sievers explained
said property would have been pastureland and the property appraisal came from McCarty Land and Water
Valuation, Inc. Commissioner Vaad stated in his six years tenure,this is the only eminent domain matter
he has participated in and he commended staff for it's sensitivity in filing procedures. Commissioner Vaad
moved to approve said resolution. Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, December 8, 2004 2004-3449
Page 2 BC0016
CONSIDER SECOND READING OF CODE ORDINANCE#2004-10, IN THE MATTER OF REPEALING
AND RE-ENACTING, 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 Geile, carried unanimously. Mr. Barker read the title of Ordinance#2004-10. Mr.Warden
reviewed the contents of the Code and associated Exhibits,recommending Appendix 5B be amended with
a footnote to read "Twelve Percent Interest per Annum on all Unpaid Balances after 30 Days will be
Charged". There was no public testimony. Commissioner Geile moved to approve Ordinance#2004-10
on second reading. The motion was seconded by Commissioner Vaad. Upon a roll call vote, the motion
carried three to one with Commissioner Jerke voting against the matter.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR CHANGE OF ZONE#568, THE
SUMMIT AT MOUNTAIN VIEW-DNS DEVELOPMENT, LLC, C/O DAVID DALGLISH: Chris Gathman,
Department of Planning Services, reviewed the Irrevocable Letters of Credit received as collateral for site
improvements and landscaping for said development,stating all transportation items have been completed
to staff satisfaction. Responding to Commissioner Vaad, Mr. Gathman stated no formal application has
been submitted for the replat. Mr. Gathman stated a site inspection was performed by Department of
Planning Services staff in 2003 and all landscape materials appeared to be installed and acceptable;
however, a recent site inspection could not be performed because the property is covered in snow.
Responding to Commissioner Geile, Mr. Gathman stated the developer has installed a crushed rock trail
with spruce trees on the north side of the property. Referring to letters from property owners concerning
weeds on the trail, Mr. Gathman stated there is a condition of approval relating to noxious weeds. After
much discussion, Mr. Barker stated the collateral for road improvements could be released, retaining the
collateral for the landscaping. Commissioner Vaad moved to continue the matter to December 22, 2004,
at 9:00 a.m.to determine if all Conditions of Approval have been met. Seconded by Commissioner Geile,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance 2004-10 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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WETOUN
COLD DO
ATTEST: aK /l/d) A IE
Robert D. Masden, Chair
Weld County Clerk to the Bo1861 'Et
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a l William H. J ke, Pro-Tem
Deputy C er o f e Board ' t'/
M. J. ile lGG
EXCUSED
David . Long
Glenn Vaad
Minutes, December 8, 2004 2004-3449
Page 3 BC0016
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