HomeMy WebLinkAbout20102007.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 30, 2010
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, August 30, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 25, 2010, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on August 25, 2010, as follows: 1) USR #1738 - Jamin and Beth Mayer,
2) USR #1736 - Jessie Cogburn, c/o Robert Collins, and 3) AmPF #1045 - Balmes Homes, LLC
Defined Benefit Program, c/o Greg and Lisa Balmes. Commissioner Conway 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 Long moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNITED
WAY OF WELD COUNTY: Judy Griego, Director, Department of Human Services, stated this
agreement allows United Way to act as the fiscal agent to assist the Foster Parent Association by
purchasing the commodities on their behalf. She stated the Board has agreed to provide United Way
with $2,000.00 in general funds, which is refundable to Weld County upon termination of this
agreement. She further stated the term of the agreement is through June 30, 2011. Commissioner
�O Minutes, August 30, 2010 2010-2007
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Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded
by Commissioner Long, and it carried unanimously.
CONSIDER SEVEN (7) CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these Child Protection
Agreements were approved by the Family, Youth and Children Commission, and she reviewed the
various programs, funding sources, and amounts listed in her memorandum, dated August 26, 2010,
marked Exhibit A. Commissioner Kirkmeyer moved to approve said agreements and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ACCEPTANCE OF 2010 ABSTRACT OF ASSESSMENT AND AUTHORIZE CHAIR TO
SIGN: Christopher Woodruff, Weld County Assessor, stated one of his responsibilities is to certify the
valuations to the taxing authorities with the 2010 Abstract of Assessment. He stated this certifies the
values of properties in 2010 by class and subclass, the changes made by the Board of Equalization,
and the total information required to go forward in the process. Once approved, Mr. Woodruff
explained the Abstract will be forwarded to the Property Tax Administrator to be reviewed by the
Colorado Board of Equalization for consideration at its October hearing. He stated this process is
necessary in helping the Districts adopt mill levies and certify them back to the Board of Commissioners
in December. Commissioner Kirkmeyer moved to accept the 2010 Abstract of Assessment and
authorize the Chair to sign. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 52.25 AND 54: Janet Carter,
Department of Public Works, requested approval of the temporary closure of County Road 13, between
County Roads 52.25 and 54, commencing September 6, 2010, for a bridge deck replacement. She
stated the detour route is paved, and staff intends to use message boards and standard road signs and
barricades for traffic control. Commissioner Kirkmeyer moved to approve said temporary closure.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS,
CONSTANT WARNING TIME, AND NEW CABIN FOR UNION PACIFIC RAILROAD CROSSINGS ON
CR 22 AND AUTHORIZE CHAIR TO SIGN: Bob Patrick, Department of Public Works, stated the
Public Utilities Commission has approved the application for the overall project, and this contract
specifies the various terms and responsibilities for all involved. In response to Chair Rademacher,
Mr. Patrick explained State law requires that Union Pacific maintain what is within its right-of-way, and
Weld County will maintain County right-of-way. Responding to Commissioner Conway, Mr. Patrick
stated the project will be paid for with federal funds specifically designated under the "Transportation
Equity Act for the 21st Century". Commissioner Kirkmeyer moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES, BELLS,
CONSTANT WARNING TIME, AND NEW CABIN FOR UNION PACIFIC RAILROAD CROSSINGS ON
CR 40 AND AUTHORIZE CHAIR TO SIGN: Based on the previous discussion, Commissioner
Kirkmeyer moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER ACCEPTANCE OF CANVASS BOARD CERTIFICATION OF AUGUST 10, 2010,
PRIMARY ELECTION: Bruce Barker, County Attorney, recommended acceptance of the Canvass
Board certification of the County races included in the 2010 Primary Election. Commissioner Kirkmeyer
moved to accept said certification. The motion, which was seconded by Commissioner Conway,
carried unanimously.
Minutes, August 30, 2010 2010-2007
Page 2 BC0016
CONSIDER CONTRACT FOR BAD DEBT RECOVERY SERVICES AND AUTHORIZE CHAIR TO
SIGN - WAKEFIELD AND ASSOCIATES, INC.: Mr. Barker stated he reviewed the terms of the
agreement and placed the matter on the Agenda; however, a representative of the Treasurer's Office
was not notified, and he is not familiar with the circumstances which require this contract.
Commissioner Conway moved to continue consideration of said contract to Wednesday, September 1,
2010. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER ACCEPTANCE OF RETURN OF SALARY BY KEN BUCK TO WELD COUNTY:
Mr. Barker stated this Resolution was drafted in response to the letter submitted by Ken Buck, dated
August 23, 2010, indicating he intends to return his salary for the months of September and October
while he campaigns for the U.S. Senate. Commissioner Garcia moved to accept said return of salary.
Commissioner Conway seconded the motion and commended Mr. Buck for his fiscal responsibility. He
also noted Mr. Buck intends to remain in contact with his office supervisors and make himself available
to consult with them about office and case-related issues. He further stated this action speaks to his
character while running a Senate race. Commissioner Kirkmeyer agreed and requested the Resolution
and Letter be forwarded to the media and the Board agreed. There being no further discussion, the
motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATION TO KIVA PROPERTIES I, RLLLP,
AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated Kiva Properties I, RLLLP, has paid the
Treasurer's Office, in the amount of $118.90, and he recommends approval of the assignment.
Commissioner Conway moved to approve said assignment of Tax Lien Sale Certification and authorize
the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried unanimously.
CONSIDER REVISIONS TO BYLAWS FOR EXTENSION ADVISORY COUNCIL: Mr. Barker indicated
the revisions decrease the number of council meetings per year and increase the number of members.
Commissioner Conway stated the Extension Director could not attend this meeting; however, the
proposed revisions are made in an attempt to increase activity on the council and direct membership
towards specific needs. Commissioner Kirkmeyer requested Article II, Section 3.a be modified to
delete the word "different", and that Article VI, Section 2, be corrected to capitalize the word "bylaws".
Commissioner Conway moved to approve said revised bylaws, with the additional revisions suggested
by Commissioner Kirkmeyer. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ITEMIZED LIST OF LEGAL HOLIDAYS DURING CALENDAR YEAR 2011: Ms. Mika
stated the proposed holiday schedule was drafted by the Clerk to the Board's Office, in compliance with
County regulations. Commissioner Long moved to approve the holidays for calendar year 2011.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #5032 - STEVE AND SANDY DOERSCHLAG: Kim Ogle,
Department of Planning Services, stated Steve and Sandy Doerschlag have applied for a two-lot
Recorded Exemption on a 71-acre parcel, consisting of Lot B of Recorded Exemption #4497 and
Subdivision Exemption #1108, which is almost entirely covered by the 100-year floodplain. He stated
they are seeking to subdivide the Subdivision Exemption (SE) parcel from Lot B to create a separate
legal parcel. Mr. Ogle stated the applicants have indicated they have a buyer who is willing to purchase
Lot B and continue to farm the ground; however, staff is recommending denial because the property is
not eligible for a second Recorded Exemption (RE) until February 16, 2012. He further stated staff
received two telephone calls and one e-mail concerning this request, and he submitted an e-mail from
Mr. Doerschlag, marked Exhibit B. In response to Commissioner Kirkmeyer, Mr. Ogle referred to the
aerial parcel map and explained the SE parcel was created for financing in 2007, the floodplain is
designated by the orange hatched area, and the applicant intends to convert the existing SE lot into
Lot A of this RE#5032.
Minutes, August 30, 2010 2010-2007
Page 3 BC0016
Janet Carter, Department of Public Works, stated she did not review this case; however, she confirmed
a majority of the site is within the floodplain, and there is a Flood Hazard Development Permit for the
northern portion of the site. Ms. Carter indicated she e-mailed David Bauer, Department of Public
Works, to determine if there are any other outstanding issues with the request.
Steve Doerschlag, applicant, stated he has owned the property for 18 years and he indicated the
location of the residence he built at that time, as well as the location of his current residence on the
SE #1198 lot. He explained his construction loan was initially held by a bank that went out of business,
and when the project was completed, the only financing option offered was a 30-year balloon at eight
percent interest. He stated that bank was eventually bought out by another bank, and his only two
remaining options are to qualify for a home modification loan or remain with the construction loan for
another three years and then pay the entire balance due. Mr. Doerschlag stated he has been a home
builder for 24 years; however, due to the current economy, he has not built a home for the past six
months and does not qualify for the home modification loan, therefore, he opted for a construction loan
for three years. He stated he has received an offer from the individual who is currently farming the land
to purchase the farm portion of the property, as well as an offer to purchase the land with the option to
build a house. Mr. Doerschlag stated he has determined he must sell some of his properties to survive
his current economic hardships, and although he would prefer to sell the land to the farmer, he cannot
afford to take the lower offer. In response to Commissioner Kirkmeyer, Mr. Doerschlag confirmed he
currently lives on the SE-1198 lot, he has been unable to sell the house, which is worth approximately
$1.2 million, and he also did a short sale on the original house. He stated his ultimate goal is to remain
in their house, and although he would like to preserve the farm, he must consider selling it to help pay
off loans. Responding further to Commissioner Kirkmeyer, Mr. Doerschlag explained the SE lot in the
lower southeast corner was already exempted out when he purchased his property, he created the first
SE lot for his original house, and later changed the parcel to an RE lot when he created the SE lot on
the northwest corner. He stated if denied, he would do a Deed in Lieu, and the bank would likely go
through this process once the property becomes eligible.
Todd Erwin, surrounding property owner, stated he comes from a farming background near Kersey and
when he purchased his property from Mr. Doerschlag it was expressed that he intended to keep the
farm in agricultural production. He referenced the floodplain boundary and stated the only buildable
area is on the west, which would hinder the farmer's ability to irrigate the remaining property. Mr. Erwin
stated he is not interested in seeing more housing in the area, and he also indicated there is a shared
easement on the west side of his lot and the Deed indicates if the larger parcel is developed, the
easement defers to him which does not leave many access options for the large agricultural property or
a future residence.
In response to Chair Rademacher, Mr. Kimmi indicated the location of the floodplain boundary.
Mr. Doerschlag further stated it is possible to irrigate the farmland with a redesign of the underground
pipes. He also indicated there is an additional agricultural access from County Road 74. Responding
to Commissioner Kirkmeyer, Mr. Doerschlag indicated the location of his residential access from
County Road 43. He stated he has also considered grading the field to make the irrigation run east and
west and running a new access from County Road 43; however, it will cost approximately $50,000.00.
Commissioner Kirkmeyer stated she does not support a residential access from County Road 74.
Paula Johnson, surrounding property owner, stated she and her husband own and farm the property to
the west, as well as farm the agricultural land owned by the applicant. She expressed concern with the
potential impact this request may have on their oil and gas lease, which has three years left on the
term. She stated there is a well anticipated to be drilled in the area indicated by Mr. Doerschlag for a
future residence, and if this request were denied, the lease will expire near the time for future
exemption eligibility and then they could renegotiate the placement of wells. Ms. Johnson stated they
do not support the construction of an additional house, because the property appears to be an
Minutes, August 30, 2010 2010-2007
Page 4 BC0016
unplanned housing development, which impacts their property. She also clarified the quote for grading
the property has not been determined. There being no further testimony, Chair Rademacher closed
public testimony.
In response to Commissioner Conway, Mr. Doerschlag confirmed the Johnsons have offered to
purchase the land and continue farming the property, and he also has a cash offer to purchase the land
and construct a residence. He stated the best financial scenario for him is to sell and allow for the
placement of a house, although he would prefer the area remain agricultural.
Commissioner Kirkmeyer commented she agrees with staff's decision to bring this before the Board
because it does not meet the five year requirement, and the property has already gone through several
exemptions. She stated she does not support the idea of allowing a residential access on County
Road 74, which is classified as a Strategic roadway, and she would prefer the applicant designate a
building envelope further north. Chair Rademacher agreed and commented there may also be the
option of a shared access from County Road 43 for the oil and gas uses on the site. He disagreed with
Mr. Erwin and asserted it is possible to direct irrigation around a residence, and based on the current
economic situation, he would support this request. Commissioner Long agreed with the previous
statements and stated he is in support of the application. Chair Rademacher also agreed that a future
residence should be located further north near the applicant's existing house. Mr. Doerschlag indicated
he selected the preferred building area, which has the most space out of the floodplain and is
equidistant from the two existing homes to the north and south. He further stated he does not have any
ownership in the oil and gas mineral interest; however, he is willing to work with them. In response to
Chair Rademacher, Mr. Doerschlag stated he has reviewed, and concurs with, the Conditions of
Approval, as proposed.
Commissioner Long moved to approve the request of Steve and Sandy Doerschlag for Recorded
Exemption #5032, with the Conditions of Approval as recommended by staff. The motion was
seconded by Commissioner Garcia. Following discussion, the Board directed staff to ensure that any
future access is restricted from County Road 74, that the applicant has worked with the neighbors for
the proper placement of a building envelope, and that the agricultural access be shown on the plat. Ms.
Carter stated during the access review process staff typically reviews the number of existing accesses,
determines whether a change of use is necessary, and works to ensure safety. Commissioner
Kirkmeyer agreed with the standard practice; however, in this instance the Board has specified that
there shall be no residential access permitted from County Road 74 for this Recorded Exemption.
Commissioner Kirkmeyer stated normally she would not support this request; however, the applicant
has demonstrated economic hardship, and she acknowledged the bank would likely pursue this type of
request once the property is eligible. Commissioner Conway agreed and encouraged the applicant to
continue working to try to mitigate his neighbors' concerns. There being no further discussion, 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, August 30, 2010 2010-2007
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: • / %"� 'f � � �
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Weld County Clerk to the B. ,h, QV
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J rbara Kirkmeyer, ro-Tem
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Deputy Cler/o the Board' .,_I __`� � -�
Sean P.jC n ay C
William F. rcia
EXCUSED DATE OF APPROVAL
David E. Long
Minutes, August 30, 2010 2010-2007
Page 6 BC0016
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