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Home My WebLink About20001794.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 31, 2000 TAPE #2000-20 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 31, 2000, 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 Barbara J. Kirkmeyer, Chair- EXCUSED Commissioner M. J. Geile, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall - EXCUSED Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners meeting of July 26, 2000, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: Following discussion of item #1 under Planning, Lee Morrison, Assistant County Attorney, requested the following be added as item #2 and the following matter be renumbered: 2) Consider Addendum to Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) for Phases 1, 2, and 3 of Buffalo Ridge Estates, Authorize Chair to sign any necessary documents, and Release Deed of Trust for Phase 3 - Martin Brothers, LLC CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Vaad seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2000-1794 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $580,685.16 Electronic Transfers - All Funds $2,970,811.87 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER FORM OF 2000 MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIR TO SIGN AGREEMENTS WITH VARIOUS ENTITIES - MASTER VERSION: Lee Morrison, Assistant County Attorney, stated each year the Board is asked to approve the form of the Master Version Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections. He explained the Clerk and Recorder's Office sends the agreements to municipalities and if they agree,the agreements are submitted for the Chair's signature; however, the agreements can be modified if an entity has concerns that need to be addressed. In response to Commissioner Vaad, Mr. Morrison stated this action will simply approve the form of the agreement to be sent to participating municipalities and will authorize the Chair to sign any agreement that has not been modified. Commissioner Vaad moved to approve said form and authorize the Chair to sign agreements with various entities. The motion, which was seconded by Commissioner Baxter, carried unanimously. CONSIDER FORM OF 2000 INTERGOVERNMENTAL AGREEMENT AND AUTHORIZE CHAIR TO SIGN AGREEMENTS WITH VARIOUS ENTITIES - TABOR NOTICE VERSION: Mr. Morrison stated he is not sure whether any of the municipalities will be the Tabor Notice Version this year; however, the form needs to be approved in case an agreement is required. Commissioner Baxter moved to approve said form and authorize the Chair to sign agreement with various entities. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER CONSULTANT AGREEMENT FOR OCCUPATIONAL THERAPY FOR MIGRANT HEAD START CHILDREN AT GREELEYAND FREDERICK SITES AND AUTHORIZE CHAIR TO SIGN-SARAH LUSK: Walt Speckman, Director of Human Services, stated under this agreement, the Department of Human Services will reimburse Sarah Lusk at a rate of$25.00 per hour of occupational therapy provided to Migrant Head Start children at the Greeley and Frederick sites, for 20 hours per week, as well as$10.00 per hour of travel time. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Baxter, carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT AMENDMENT FOR USE OF SPACE IN GRAND JUNCTION,COLORADO, FOR MIGRANT HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN - INTERMOUNTAIN ADVENTIST ACADEMY: Mr. Speckman stated this is an amendment to the existing agreement for use of space provided by the Intermountain Adventist Academy in Grand Junction. Colorado,for the Migrant Head Start Program. Mr. Speckman stated this amendment will extend the rental time until October 27, 2000. Commissioner Vaad commended Mr. Speckman for working within the community to obtain this site. Mr. Speckman stated the agreement with the property owner has worked very well and this extension will provide space to operate the program for the remainder of the summer Commissioner Baxter moved to approve said amendment and authorize the Chair to sign. Commissioner Vaad seconded the motion, which carried unanimously. Minutes, July 31, 2000 2000-1794 Page 2 BO0016 CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 18 BETWEEN WELD COUNTY ROADS 39 AND 41:Commissioner Baxter moved to approve said temporary closure. Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 80 AT WCR 123: Frank Hempen, Jr., Director of Public Works, stated this request is for a "Stop" sign on Weld County Road 80 at the intersection of Weld County Road 123 to address sight distance issues. Commissioner Baxter moved to approve said installation of traffic control devices. Seconded by Commissioner Vaad,the motion carried unanimously. CONSIDER ACCEPTANCE OF DEED OF DEDICATION AND AUTHORIZE CHAIR TO SIGN-KENNETH AND SUE KERCHENFAUT: Mr. Hempen stated this and the following item of business are related to same bridge replacement project on Weld County Road 13. He explained acceptance of this property will provide the necessary room needed to complete the project. Commissioner Vaad moved to accept said Deed of Dedication and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER ACCEPTANCE OF DEED OF DEDICATION AND AUTHORIZE CHAIR TO SIGN - EUGENE SCHNEIDER: Commissioner Baxter moved to accept said Deed of Dedication and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING: CONSIDER AMENDED AGREEMENT FOR ROAD IMPROVEMENTS TO WCR 35 AND WCR 10, AUTHORIZE CHAIR TO SIGN - MARTIN BROTHERS, LLC/BUFFALO RIDGE ESTATES: Mr Morrison stated the original agreement required the developer to pay all of the expenses after Phase 2, and County could not get a contribution from the developer for Weld County Road 10 unless the road was paved within five years of the agreement, which was done in 1997. Mr. Morrison stated this amendment will allow the developer one more phase prior to paying for Weld County Road 35. He explained the developer will be allowed to sell lots within Phase 3, but will be required to contribute 1/7 of the obligation on Weld County Road 35 from the sale of each lot. Mr. Morrison stated this will not significantly delay the payment, and there are people waiting to purchase the lots of Phase 3. He explained the payment on Weld County Road 10 will be due either upon paving by the County, or prior to development of Phase 7. Mr. Morrison stated traffic studies were completed, and the applicant understands that they will be responsible for escalated cost of living and construction costs which equals approximately 11.8 percent. Commissioner Vaad moved to approve said amended agreement and authorize the Chair to sign and release the deed of trust for Phase 3 of Buffalo Ridge Estates. Seconded by Commissioner Baxter, the motion carried unanimously. (Clerk's Note: Mr. Morrison requested the Board add another item of business to the agenda as follows: Consider Addendum to Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) for Phases 1, 2, and 3 of Buffalo Ridge Estates, Authorize Chair to sign any necessary documents, and Release Deed of Trust for Phase 3 - Martin Brothers, LLC. Commissioner Baxter moved to add the requested item as#2 under Planning and renumber the following item of business. Commissioner Vaad seconded the motion, which carried unanimously.) CONSIDER ADDENDUM TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) FOR PHASES 1, 2, AND 3 OF BUFFALO RIDGE ESTATES,AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS,AND RELEASE DEED OF TRUST FOR PHASE 3 - MARTIN BROTHERS, LLC: Mr. Morrison explained the current Improvements Agreement requires the developer to pave the internal streets for Phases 1 Minutes, July 31, 2000 2000-1794 Page 3 BO0016 through 3, prior to the sale of lots in Phase 3; however, this addendum will require that the internal paving for Phases 1 through 3 be completed prior to the sale of lots in Phase 4,which is a difference of seven lots. Mr. Morrison stated the internal streets for Phases 4 through 6 will occur prior to the sale of lots in Phase 5, and the paving of Phase 7 will occur prior to the sale of lots within Phase 7. Mr. Morrison read the proposed language as cited in his memorandum to the Board, dated July 26, 2000. Mr. Morrison stated the existing agreement has cost estimates and a Deed of Trust for each phase, so the value of the later phases was held as collateral for the earlier phases as they were being developed. In response to Commissioner Baxter, Mr. Morrison stated the original projections were not adequate because the developer was forced to change the water system design to a full-scale public system with two wells for the entire development. Responding to Commissioner Vaad, Mitch Martin, applicant, stated under the original agreement they had to pave the entire development at once, but this addendum will allow them to pave once the utilities have been installed to reduce cost and avoid damaging the roads. He further stated by changing the design of the water system, they went from approximately $90,000 per phase to an initial cost of $125,000.00, with an additional $120,000.00 due at Phase 4 for the second well He stated this will be a more efficient and reliable system. In response to Commissioner Geile, Mr. Martin stated they are still discussing whether to use natural gas or propane. He explained there is an initial expense of$40,000.00 just to bring natural gas to the property and then additional costs for distribution lines throughout the property. He stated the realtor is in favor of installing natural gas lines; however, that issue has not been decided. Mr. Martin further stated the electric and telephone utilities have been in joint trenches up to this point; however, United Power has been hesitant to cooperate with other utilities. He stated he does not anticipate separate trenches to be a problem based on the size of the lots. Commissioner Baxter moved to approve said addendum and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW, S #320 - ROBERT AND SHARON BAUMGARTNER: Kim Ogle, Department of Planning Services,stated on June 22,2000, Robert and Sharon Baumgartner submitted Irrevocable Letter of Credit#05-00-06, in the amount of$5,000.00 for fencing and landscaping. Mr. Ogle stated staff feels this amount will be sufficient to cover the costs of the proposed improvements. Commissioner Vaad moved to approve said agreement, and accept the form of collateral. Seconded by Commissioner Baxter, 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. Minutes, July 31, 2000 2000-1794 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:35 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � �� `.� % -a EXCUSED I w Barbara J. lcmeyer, Chair Weld County Clerk to the BF s"ry�y / ,; � i/4- Y.�/ / M. J. Geile, Pro-Tem BY: ( q �a� ♦ _ :a . ,/ Deputy Clerk to the Board , � / / /, ,cam, .____ --- - 7GeorgetE. Baxter EXCUSED Dale K. Hall , A Glenn Vaad Minutes, July 31, 2000 2000-1794 Page 5 BC0016 Hello