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Home My WebLink About20032748.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 29, 2003 TAPE #2003-36 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, September 29, 2003, 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 David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem - EXCUSED Commissioner M. J. Geile - EXCUSED Commissioner William H. Jerke 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 Jerke moved to approve the minutes of the Board of County Commissioners meeting of September 24, 2003, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings conducted on September 24, 2003, as follows: 1)A Site Specific Development Plan and Final Plan, MF #614-Timothy and Lisa Brough,2)A Site Specific Development Plan and Use by Special Review Permit #1394-Northern Colorado Constructors, Inc.,do Ken Rollin,and 3)A Substantial Change Hearing#23- Cattail Creek Group LLC/George DuBard,do Todd Hodges Design LLC(Con't to 10/08/03). Commissioner Vaad seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed. Commissioner Jerke seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2003-2748 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $491,181.03 Electronic Transfers - All Funds $2,600,142.23 Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PURCHASE OF SERVICE AGREEMENT FOR TELEPHONE REASSURANCE AND AUTHORIZE CHAIR TO SIGN - RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP): Walt Speckman, Director of Human Services, stated this agreement will maintain Project Connect,which is a telephone reassurance program targeting homebound, isolated,and frail seniors. He stated the term of said agreement is July 1, 2003, through June 30, 2004,for a total of$500.00. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 35 BETWEEN WCRS 44 AND 46: Frank Hempen, Jr., Director of Public Works,stated this closure is necessary for a concrete box culvert replacement, and the road will be closed between October 6, 2003, and October 15, 2003. Commissioner Vaad moved to approve said closure. The motion, which was seconded by Commissioner Jerke, carried unanimously. CONSIDER RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HERBERT AND VADA BRACK: Bruce Barker, County Attorney, stated this action will authorize the filing of condemnation proceedings against Herbert and Vada Brack. He stated negotiations have been conducted by Leon Sievers, Department of Public Works, and the final offer was $9,353 for 1.247 acres. Responding to Commissioner Jerke, Mr. Sievers stated his original contact was on May 5,2003,at which time he discussed with Mr.and Mrs. Brack the intent of the County to acquire the right-of-way. He sent a Letter of Intent to Acquire on May 6,2003,and received no response. On June 6,2003,he spoke with Mr.Brack about the letter and requested permission to enter for surveying,in order for Mr. Brack to physically see the line. Mr. Brack refused Mr. Sievers entry. On July 30, 2003, Mr. Sievers left a phone message for Mr. Brack to set up a meeting; however, he again received no response. On August 4, 2003, Mr. Sievers spoke to Mr. Brack by phone, who stated he was not willing to meet with the County. On August 11, 2003, an offer letter was sent, and on September 5, 2003, the final offer letter was mailed, and there was no response to either letter. Responding to Chair Long, Mr. Sievers stated the total acreage of Lot B is 35 acres,this is a strip of land, approximately 1.247 acres. Mr. Barker stated a copy of the appraisal was also sent to Mr. Brack. Commissioner Vaad stated his appreciation that the County has never had to use eminent domain; however,there is a large population increase in this area,and Weld County Road 13 is a strategic corridor. He also commented that this is not a matter of the government taking away property, but of full compensation being paid to the owner after the Court decides the fairvalue. Commissioner Vaad stated he is also aware that Weld County has historically made every effort to settle with property owners outside this procedure,often paying premium costs to avoid filing eminent domain proceedings. Therefore,Commissioner Vaad moved to authorize the CountyAttomey to file proceedings in eminent domain against Herbert and Vada Brack and authorize the Chair to sign any necessary documents. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER RESOLUTION RE:AUTHORIZATION FOR CHAIR TO SIGN AS LOCAL JURISDICTION FOR DEARFIELD PRESERVATION PROJECT - BLACK AMERICAN WEST MUSEUM AND HERITAGE CENTER: Mr.Warden stated the Black American West Museum and Heritage Center is applying for two Minutes, September 29, 2003 2003-2748 Page 2 BC0016 grants for the restoration of Dearfield. The appropriate local entity is required to sign the applications to indicate there are no objections to the project in order to comply with the application requirements. Responding to CommissionerJerke, Mr.Warden stated the local jurisdiction,owner of property,and grantor are required to sign the application; however, there is no financial interest or obligation to the County. Commissioner Vaad moved to approve the draft resolution. The motion, which was seconded by Commissioner Jerke, carried unanimously. PLANNING: CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT#1124-HARLAN WALL: Sheri Lockman, Department of Planning Services,stated this vacation was requested by Kirk Goble,authorized representative for Bruce and Bonnie Reed,and it is a Condition of Approval for Recorded Exemption#3670. Ms. Lockman stated the portion being vacated lies north and west of the Neres Canal, and staff has no concerns with the vacation. Mr. Barker stated the legal description needs to be more specific; however, he will work with the Clerk to the Board to ensure it is properly described. Commissioner Vaad moved to vacate that portion of USR#1124 lying to the north and west of the Neres Canal. The motion,which was seconded by Commissioner Jerke, carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW #363 - ARI GOLDBERG: Don Carroll, Department of Public Works,stated he has reviewed the transportation portion of the agreement,which includes a small parking lot and landscaping. Commissioner Jerke moved to approve said agreement,authorize the Chair to sign, and accept the collateral as presented. Seconded by Commissioner Vaad,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. There being no further business, this meeting was adjourned at 9:30 a.m. B D OF COUNTY COMMISSIONERS �� L COUNTY, COLORADO ��'!/!/ ATTEST: ia �� David E. Long, Chair Weld County Clerk to the Board EXCUSED Robert D. Masden, Pro-Tem lei'he Board r� EXCUSED 1861 M. J. Geile O &hi D�� William H. Jer Lail Glenn Vaad -- Minutes, September 29, 2003 2003-2748 Page 3 BC0016 Hello