HomeMy WebLinkAbout20120955.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 9, 2012
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
Administration Building, Greeley, Colorado, April 9, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Tonya Disney
Director of Finance and Administration, Monica Mika
(Clerk's Note: There is no audio associated with this hearing, due to technical difficulties.)
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of April 4, 2012, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance #2012-3
by tape. Commissioner Long 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 Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B1200029, COPIER / PRINTER / FAX SOLUTION - DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT: Monica Mika, Director, Department of Finance and Administration,
presented the Bid and stated it will be brought back to the Board at a future date for approval.
1) Minutes, April 9, 2012 2012-0955
Page 1 BC0016
NEW BUSINESS:
CONSIDER AMENDMENT TO CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - REFLECTIONS FOR YOUTH, INC.: Judy Griego, Director,
Department of Human Services, stated the purpose of the amendment is to add a Brighton site to be
utilized by the South County children. Commissioner Rademacher moved to approve said amendment
and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PATRICIA BOLLIG:
Christopher Woodruff, Assessor, stated comparable sales indicate the market value is accurate;
therefore, staff is recommending denial. Paul Schueller, representative, stated he understands the
appraisal submitted by Ms. Bollig is not within the time frame allowed; however, he feels it is still
accurate for the current economy. Mr. Woodruff stated the comparisons provided by Mr. Schueller are
not actual sales and, therefore, cannot be considered as comparables. In response to Chair Conway,
Mr. Schueller indicated he has not identified any comparable sales within the community where the
home is located, nor within the time frame that could be used. In response to Commissioner
Kirkmeyer, Mr. Woodruff stated the price per square foot for this home is $101.28, and the appraised
value in December, 2011, was $108,000.00. Commissioner Rademacher moved to deny said petition,
as recommended by staff. The motion was seconded by Commissioner Kirkmeyer. Commissioner
Rademacher stated County staff and the Board of Commissioners are bound by State statute in this
matter and must follow the rules placed before them, and the Board concurred. There being no further
discussion, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JAMES H TURNER / WELLS
FARGO / US BANK, CIO JIM SCHWALLS AND ASSOCIATES, INC.: Mr. Woodruff stated, at the
request of the petitioner, they would like to continue this matter to May 2, 2012. Commissioner
Kirkmeyer moved to continue consideration of the petition to May 2, 2012. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — GREELEY COUNTRY CLUB:
Mr. Woodruff stated the value has been established at $3,252,800.00 and staff has not received any
additional information from the petitioner's agent to justify abatement. Mr. Woodruff stated the closest
comparable they can find is the sale of Vista Ridge Golf course in Erie, Colorado, which further
supports the Assessor's value, therefore, staff is recommending denial. Neither the petitioner, nor a
representative, was present. Commissioner Long moved to deny said petition, as recommended by
staff. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PRATT PROPERTIES, LLP:
Brenda Dones, Assessor's Office, stated she has received supplemental documents and has reached
an agreement with the petitioner. She explained the petitioner sold the property to Colorado
Investments GRP, LLC, in 2007, for 6,534,000.00 as a note carry back for two years. The buyer made
one payment in the fall of principal and interest, and subsequently went into default on the note which
then forced the carry back seller to start foreclosure proceedings. She explained the property was then
transferred back to Pratt Properties, LLP, and Karen Kramer in August, 2011. Ms. Dones reiterated
staff has been working with the Pratt family to determine the value for the property and have come to
an agreement based on the documents contained in Exhibit A. Commissioner Kirkmeyer moved to
approve the petition, in part. Seconded by Commissioner Long, the motion carried unanimously. Chair
Conway commended all of the Assessor's Office staff for their willingness to go above and beyond to
make sure property owners are getting a fare assessment on their property, all the while following the
State statutes.
Minutes, April 9, 2012 2012-0955
Page 2 BC0016
CONSIDER APPLICATION TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE CHAIR
TO SIGN - RM, INC., DBA ROOM 119: Brad Yatabe, Assistant County Attorney, stated the Sheriff's
Office did not have any comments regarding this application. He further stated there are no issues with
the current liquor license, which will be up for renewal in August, 2012. Commissioner Rademacher
moved to approve said Dance License application and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CR 62 AND AUTHORIZE CHAIR TO SIGN - CONTINENTAL RESOURCES, INC.: Don Carroll,
Department of Public Works, stated the property is 1.15 miles west of County Road 89, there is an
access permit in place, and all adjacent property owners have been notified. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 17 AND 19: Mr. Carroll requested
approval for a temporary closure to replace a culvert. He stated standard road signs and barricades
will be used for traffic control, the average daily traffic count is 71 vehicles per day, and water will be
used for dust control. Commissioner Rademacher moved to approve said temporary closure.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 18, AT, CR 71: Mr. Carroll stated this temporary closure
is necessary for a culvert replacement. He stated standard road signs and barricades will be used for
traffic control; however, a message board will not be used. He further stated the average daily traffic
count is 55 vehicles per day and water will be used for dust control. Commissioner Long moved to
approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) AND AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY:
Bruce Barker, County Attorney, stated this is a grant with the City of Greeley that Weld County has
been part of for several years. He stated Weld County will received $12,236.00 that is given to the
Sheriff's Office, while the City of Greeley Police Department will receive the remainder of the funds in
the amount of $48,317.00. He further stated in the past the funds have been used for up-keep at the
shooting range; however, there has also been discussion regarding the purchase of SWAT Team
uniforms to help offset the budgeted funds. Commissioner Kirkmeyer moved to continue the matter to
April 11, 2012, to gain clarification on the specific use of the funds. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATION OF PAY
AND AUTHORIZE CHAIR TO SIGN: Ms. Mika recommended approval of the March report from the
Veterans Service Office, which will be submitted to the Colorado Department of Military and Veterans
Affairs. Commissioner Long moved to approve said report and authorize the Chair to sign. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
OLD PLANNING:
CONSIDER FINAL HEARING CONCERNING RESCINDING USR PERMIT #1612 - BRENT HAUGEN
(CON'T FROM 3/12/12): Michelle Martin, Department of Planning Services, stated staff has been
working with the applicant to try and get the Conditions of Approval completed. She stated this matter
was heard by the Board on December 14, 2011, continued to March 12, 2012, and then continued
again to April 9, 2012, to allow the applicant additional time to set up a meeting with staff to go over the
conditions and requirements, as well as determine the applicant's intent for proposed modifications.
Ms. Martin stated it is staffs' understanding that Mr. Haugen does not want to proceed with the Use by
Minutes, April 9, 2012 2012-0955
Page 3 BC0016
Special Review Permit (USR-1612). Trevor Jiricek, Director, Department of Planning Services, stated
he has spoken with Mr. Haugen several times and he believes they have reached an impasse and that
Mr. Haugen would like to withdraw the USR-1612 permit. In response to Commissioner Rademacher,
Mr. Jiricek stated some of the issues of contention are taxes, the equivalents of the property, the
building permit and road impact fees, and the water issue which needs to be resolved. In response to
Commissioner Kirkmeyer, Ms. Martin explained that none of the conditions have been met, as of yet.
Brent Haugen, property owner, stated the fire marshal inspection and exit signs on the property have
both been completed; however, he feels he is being singled out with respect to the remainder of the
conditions. He stated he feels the conditions that are being required of him have not been required of
his neighbors who have more of an impact on the area. Mr. Haugen stated there are not any real
impacts from his home-based business; he has one customer a week that comes to the actual property
location and all other traffic is for his personal residence, whereas his neighbors board horses and
receive ten or more customers a day. He further stated it is unfair that he is being required to pay a
large sum of money for the road impact fee, which is based on the size of building, not the impact.
Mr. Haugen stated he has spoken with Commissioner Garcia, who has explained the process and the
Code to him; however, he is still not in agreement with it.
In response to Chair Conway, Mr. Jiricek stated staff has explained what is allowed within the various
Zone Districts, as well as the difference between home occupations and the USR process. Mr. Jiricek
explained this property was not singled out by staff; however, zoning violations are complaint driven
and are followed up on by staff when received. He stated the road impact fee in this matter is larger
due to the size of the building and the fact there was not a building permit submitted to the Department
of Planning Services. He further stated Mr. Haugen has the option of submitting a study to offset the
road impact fee and could possibly be awarded part of the fee back; however, the study will also cost
approximately $3,000.00, and there is not a guarantee that the study would be in Mr. Haugen's favor.
Mr. Jiricek stated the conditions that Mr. Haugen referred to earlier as being completed have not been
submitted to the Department of Planning Services; therefore, they cannot be listed as complete, and
the most important issues to be addressed at this time are the building permit fee and the water feature
issue.
In response to Chair Conway, Mr. Haugen stated he does not wish to withdraw USR-1612. Mr. Haugen
stated he does not understand Development Standard #27. Commissioner Kirkmeyer stated at the
time Mr. Haugen submitted the application for USR-1612, the Code stated something different from
what it says now; however, the way it is worded now would not apply to Mr. Haugen. Bruce Barker,
County Attorney, stated the program for road impact fees were set up in the early 2000's and are
assessed the same for each applicant. The fee is calculated on the square footage and type of building
that will be used on the property. Mr. Barker further stated the fees have been re-addressed as recent
as 2009. Commissioner Rademacher stated the conditions that Mr. Haugen is concerned about are
part of every USR, and Mr. Haugen has been given several opportunities to address any questions he
may have regarding the conditions of the USR, in writing or in person, and the Board concurred.
Commissioner Rademacher moved to rescind Resolution #2007-1987 and deny the application of Brant
Haugen for Use by Special Review Permit #1612. The motion was seconded by Commissioner Long.
Mr. Haugen stated he felt like he had no other choice at the beginning of the USR process; therefore,
he just went along with everything. Commissioner Rademacher stated these conditions are put in
place at the very beginning of the process and each applicant is given the chance to go through them
and at that time he could have asked any question he had or stated that he did not agree with them and
the Board and staff would have been able to discuss his concerns. Commissioner Rademacher further
stated during each Board meeting the Board asks many questions of the applicant to make sure they
understand the Development Standards and gives the applicant the opportunity to express their
concerns and ask any questions they may have. Commissioner Kirkmeyer stated the current Board
Minutes, April 9, 2012 2012-0955
Page 4 BC0016
asks many questions of both staff and the applicant to make sure everyone is on the same page and
understands what is being placed before them. She further stated she has had the opportunity to not
only work with the current Board, but with previous Boards, and it has been her experience that they all
have been very upfront with the applicant to make sure if there are any questions or concerns, that they
are addressed both through the Planning Commission and the Board of Commissioner hearings.
Mr. Haugen stated he has been told by staff that the Development Standards are nonnegotiable.
Mr. Jiricek clarified at the last Board meeting the County Attorney stated if Mr. Haugen had any
concerns with the Development Standards that needed to be addressed, he had the option of
submitting those issues, in writing, to be discussed at the next Board meeting; however, staff has
received no such written request from Mr. Haugen. There being no further discussion, Chair Conway
called for a roll call vote and the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USR
PERMIT #1792 - DCP MIDSTREAM, LP: Rich Hastings, Department of Public Works, stated this
agreement is for a compressor station and gas plant. Mr. Hastings further stated both the Departments
of Public Works and Planning Services have reviewed all related items of the Improvements Agreement
and have found them acceptable; therefore, staff is recommending approval. Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2012-3, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE,
CHAPTER 23 ZONING, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Bruce
Barker, County Attorney, read Code Ordinance #2012-3 into the record. Tom Parko, Department of
Planning Services, stated, at the direction of the Board, staff did present additional changes to the
Planning Commission to extend the plat deadline from 60 days to 120 days, and to address
"Recreational activities" under Definitions and Accessory Uses allowed in the A (Agricultural) Zone
District. Commissioner Kirkmeyer made a motion to add "personal water craft" to the end of the Water
Skiing definition. Commissioner Long seconded the motion, and it carried unanimously. Mr. Parko
further stated the words "or private tent or RECREATIONAL VEHICLE" was stricken from Section
23-3-40.C.7 regarding public or commercial camping and the definition was amended to limit camping
to seven (7) nights. Commissioner Kirkmeyer moved to approve said change with an amendment to
add "consecutive" nights. Seconded by Commissioner Rademacher, the motion carried unanimously.
Mr. Parko stated there is really no way to enforce this, and staff will not be driving around looking for
people who have possibly parked their RV on a property while visiting friends and family to ask them to
leave; however, if a citizen complaint comes in, then there will be an investigation into a possible
violation. Lastly, Mr. Parko stated the definition of PRIVATE RECREATIONAL FACILITIES was
amended to add hunting lodges. No public testimony was offered concerning this matter.
Commissioner Kirkmeyer thanked staff for their hard work and dedication to prepare the definitions in a
timely manner, and she moved to approve Code Ordinance #2012-3 on second reading, as amended.
Commissioner Rademacher seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2012-3 was approved on second reading, with amendments.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, April 9, 2012 2012-0955
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
P
Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
William F. Garcia, Pro-T m
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Minutes, April 9, 2012 2012-0955
Page 6 BC0016
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