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Home My WebLink About20182046.tiffLETTER OF CONCERN RESPONSE FORM DEPARTMENT: Public Works DEPARTMENT HEAD: Jay McDonald DATE LETTER RECEIVED: June 21, 2018 LETTER RECEIVED FROM: Skip Holland LETTER RECEIVED VIA: Email EMAIUMAILING ADDRESS: skip.holland@stantec.com * * * PLEASE RESPOND WITHIN THREE DAYS. IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY EMAIL. * * * RECOMMENDED ACTION: Responded to citizen by email_ Meeting with Mr. Holland scheduled. METHOD OF RESPONSE: Board Action Work Session Letter (Attached) ✓ Email (Attached) Telephone Call No Response (Explain) Department Head Signature: Jay McDonald Digitally signed by Jay McDonald Date: 2018.06.29 15:04:51 -06'00' �ommvr��ca+� ons CV'7 09018' m:/CTB/LETTERS OF CONCERN/Forms PcdocJm) °Coreq / ( g- 3tg-a©MCP Chloe Rempel From: Sent: To: Subject: Attachments: Jay McDonald Friday, June 29, 2018 3:10 PM Chloe Rempel FW: Letter to BOCC: High view Estates Streets Maintenance Weld County BOCC June 21 2018.pdf Here is the email that I sent to Mr. Holland L Jay McDonald Public Works Director Weld County, Colorado (970) 304-6496 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jay McDonald Sent: Thursday, June 28, 2018 10:21 AM To:'skip.holland@stantec.com' <skip.holland@stantec.com> Cc: Steve Moreno <smoreno@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Curtis Hall <chall@weldgov.com>; Elizabeth Relford <erelford@weldgov.com> Subject: FW: Letter to BOCC: High view Estates Streets Maintenance Mr. Holland, Thank you for your letter regarding Highview Estates (Ranches). I have been asked to respond. In reviewing the documents pertaining to Highview Estates, I found that a Change of Zone resolution was passed by the Weld County Board of County Commissioners in which it was required that a Home Owners Association (HOA) be established and that membership in the HOA by each parcel owner was mandatory and that the HOA is responsible for maintenance of the streets within the subdivision (2.B., document 2005-3176, PL1798). I have found no BOCC resolution that refutes that. Furthermore, your HOA Covenant in section 9.3 requires the HOA to be responsible for the streets. The referenced correspondence in your letter (6.3) is not from Weld County Code. Section 6.0 of that document refers to "Acceptance of Streets for Maintenance by the County" and states that the streets may be accepted by the County as part of the County road system. A letter from an inspector to a member of the Planning staff does not constitute a Board resolution. Only the Board of County Commissioners can accept roads or streets for County maintenance and I have found no resolution whereby the Board of County Commissioners accepted the streets within Highview for full maintenance. If I may be of further assistance, please do not hesitate to contact me. Again, thank you for your inquiry. 1 L Jay McDonald Public Works Director Weld County, Colorado (970) 304-6496 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Holland, Skip[mailto:skip.holland@stantec.com] Sent: Thursday, June 21, 2018 4:46 PM To: Karla Ford <kford@weldgov.com> Cc: Holland, Skip <skip.holland@stantec.com> Subject: Highview Estates Streets Maintenance Dear Ms. Karla Ford, Please find enclosed a letter addressed to the Weld County Board of Commissioners regarding the maintenance of the streets in the Highview Estates Subdivision located on CR 3 near the intersection of SR 52. I have also sent via regular mail a copy of this information to your attention at the Weld County BOCC address in Greeley. Thank you for discussing this matter with me this afternoon. For your information, I am the President of the Highview Home Owners Association. We request that the Weld BOCC review and consider the maintenance of the streets in Highview Estates as soon as practical. Best wishes, Skip Holland 2 Weld County Board of County Commissioners Commissioner Steven Moreno 1150 O Street Greeley, Colorado 80632 RE: Highview Ranch Subdivision Street Maintenance Dear Commissioner Moreno, June 21, 2018 The Weld County Board of County Commissioners approved by Resolution on August 30, 2006 an Improvement Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) and the Agreement for Improvements for Weld County Road 3, between the County of Weld, State of Colorado and Frank and Loretta Wright (Developers of the Highview Ranch Subdivision). Following the acceptance and approval of the Highview Planned Unit Development Final Plat, all improvements and work were completed in accordance with the relevant Sections 1.0 - 11.0 of the Improvement Agreement of the Weld County Code. In April 2018, the Weld County Department of Public Works notified the Highview Home Owners Association (HOA) that Weld County would no longer provide maintenance of the Highview streets. This was obviously a huge surprise because Weld County has been providing annual street maintenance and limited snow removal of the Highview streets from 2007 through 2017. Consequently, the Highview legal counsel, Mr. Alex Goiran, contacted the Weld County Attorney, Mr. Bruce T. Barker, regarding the discontinuance of street maintenance in Highview. Mr. Barker contacted the Weld County Publics Work Director, Jay McDonald regarding this matter. A copy of the "HUTF List" for paved roads in Weld County was provided. Highview streets are identified on this list. Mr. Barker further indicated that "any that have been discontinued are because no BOCC resolutions have been found accepting them for County maintenance." Through a review of the Highview Estates files regarding these matters, a letter to Mr. Kim Ogle, Weld County Planning, from Mr. Don Stang, Construction Inspector II from Weld County Public Works, indicates that Frank Wright, Highview Developer, "has fulfilled his on site and off site obligations to the Public Works satisfaction. Highview and Parent Street will be maintained by Weld County. His warranty period ended on December 16, 2007 and can receive a full release." Copy of this correspondence and the related section 6.3 of the Weld County Code is enclosed for reference. It is thereby requested that the Weld County Board of County Commissioners review this matter. The Highview HOA would be please to meet with you or Weld County staff to review these matters with the intent of providing any further documentation that will make it possible that Weld County will continue to provide annual maintenance of the Highview streets. Please do feel free to contact me at your earliest convenience. Thank you for your consideration and public service. Highview Estates Home Owners Association 5616 Highview Drive Erie, Colorado 80516 —544. / //d ld 2 Skip Holland, President "skip.I.Holland@gmail.com"/ Ph # `3i'f) fbc 'fie work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant, 6,3 Upon completion of the construction of streets within a Subdivision or Pled gnat Development and the filing of a Statement of Substantial Compliance, t applicants) may request in writing that the County Engineer inspect the struts and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner er than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the app€icant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer ill reinspect the streets after notification from the applican(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance, Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Bard of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair, 7.0 Gene al. Requirements fort.; ,ltateral:. 7.1 The value cif all coillate rat submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat rccotded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the final Plat approval provided the cost estimates arc updated and the development plans are revised to comply with all current County standards, policies and regulations, The im�arcazr er«tEc. kai h c rarzr l tt iI is th n sa c in l eor 4'471_O, tttrtt le c ;p vai Qt o vest cifier act errt le cc tl t r in submitted regrte t.c treat t t r ,� rrt€ trt re rr c ctt least t etixplrtttrtt a►ref lurherrxides that cast estimate -Afar are mild atefi a- cc> tatera t arflied in. the amount f1Qul%i . pews renuxin ng rr fie emote improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateralis provided or until C:IDOCLMEr TS AND SETTINGV,PAltCPDISICTOMPUBLIC IMPROVEMENTS AG COLORADO MEMORANDUM DATE: 117/2008 TO: Kim Ogle. FROM: Don Stang SUBJECT: Highview Ranch PF1074. Kim. Wright his on site and off site obligations to the Public Worksr endedsatisfaction. Drank iw a has ent the d ' ,hvci�'� and Parent 5trect dill be maintained b}� ��e1d (,fount}�. I tis } Iit� December 162007 and can receive a full release. ,d to his bank as well. Mr. Wright is requesting his letter $400,000 letter of credit too be returns, Thank you. 1)on Don Stang Construction Inspector 11 Weld County Public Works 970.301.2623 cell 970.304.6496 office dstangco.weld.co.us ncr6 tr0.ti:st014,11`1? %hk'II"1 Hello