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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
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egesick@weld.gov
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20102343.tiff
RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 4, 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, October 4, 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 — EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Controller, Barb Connolly MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of September 29, 2010, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on September 29, 2010, as follows: 1) AmUSR #1218 — Charles and Gail Schnuerle; 2) PZ #1153 — Country Meadows Estates, LLC; and 3) PZ #1150 - Sherry Wigaard and Velois Smith. Commissioner Kirkmeyer seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, Weld County resident, read a document into the record, titled the Five Elements of Coordination, and marked Exhibit A. CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — BOBBIE AND CLAUDIA MUHEIM: Christopher Woodruff, Assessor, indicated this property was incorrectly valued and the petitioners protested the 2009 property value in the year 2010. He stated it has been determined the 2009 actual property value should be adjusted from $694,647.00, to $508,652.00, which will yield a refund in the amount of $1,171.08. Commissioner Conway moved to approve said refund, in the amount of $1,171.08, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. '© 1 -ID Minutes, October 4, 2010 2010-2343 Page 1 BC0016 CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — ELLA WASHINGTON: Mr. Woodruff indicated the petitioner protested the 2009 property value in the year 2010, due to the continued agricultural use of the property. He stated the property owner has provided sufficient documentation of the continued agricultural use of the property; therefore, it is recommended the 2009 actual property value be reduced from $565,693.00, to $247,075.00, and that a refund in the amount of $1,934.94 be granted. Commissioner Conway moved to approve said refund, in the amount of $1,934.94, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JOSEPH CASTRO: Mr. Woodruff indicated the petitioner protested the 2009 property value in the year 2010, due to an issue with the value assigned per acre to the property, and a survey was conducted as part of the appeal process, which resulted in the number of acres being adjusted. He recommended the actual property value be reduced from $328,300.00, to $180,450.00, and that a refund in the amount of $3,347.82 be granted. Commissioner Garcia moved to approve said refund, in the amount of $3,347.82, based on staff's recommendation. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WILLIAM WILSON: Mr. Woodruff indicated this petition is for the year 2008, concerning two (2) adjoining parcels of land; one (1) of which was classified as residential property, and the other parcel was classified as vacant land. He stated that upon inspecting the property, it was determined the vacant land is utilized in conjunction with the residential property and it can be assessed at the residential assessment rate of 7.96 percent. He stated that in this case, there is no change in the actual value, which will remain $921,150.00; however, the assessed value will be reduced from $267,130.00, to $73,320.00, which will result in a refund of $16,050.77. In response to Commissioner Garcia, Mr. Woodruff stated the petitioner concurs $921,150.00 is a reasonable value for the property; therefore, only the classification was adjusted, and the actual property value will not be adjusted. In response to Commissioner Garcia, Mr. Woodruff concurred the appropriate motion will be to approve the petition, in part. Commissioner Garcia moved to approve said petition, in part, with an adjustment to the assessed property value, in the amount of $193,810.00, and a refund in the amount of $16,050.77, based on staff's recommendation. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE, WITH OPTIONAL PREMISES, AND AUTHORIZE CHAIR TO SIGN — EATON COUNTRY CLUB: Deputy Lisa Carpenter, Weld County Sheriff's Office, stated she has researched the calls for service to the Eaton Country Club and she did not discover any issues, and everything was in order at the inspections she conducted; therefore, she finds no grounds for disapproval of the application. Commissioner Conway moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 84 BETWEEN CRS 19 AND 21: Janet Carter, Department of Public Works, stated said closure will commence October 5, 2010, through October 18, 2010, in order to replace a culvert. She indicated the average daily traffic count for County Road 84 is 99 vehicles, according to a traffic count conducted in the year 2008, and water will be utilized for dust abatement on the gravel portion of detour route. She stated message boards will be utilized in advance of the closure, and road signs and barricades will be utilized throughout the closure. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, October 4, 2010 2010-2343 Page 2 BC0016 CONSIDER TEMPORARY CLOSURE OF CR 25 BETWEEN CR 70 AND SH 392: Ms. Carter stated said closure will commence October 11, 2010, through October 15, 2010, in order to replace a culvert. She stated the average daily traffic count for County Road 25 is 103 vehicles, according to a traffic count conducted in the year 2008, and water will be utilized for dust abatement on the gravel portions of the detour route. She stated road signs and barricades will be utilized throughout the closure. Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - MATRIX ENERGY, LLC - NW1/4NE1/4, S15, T5N, R65W: Bruce Barker, County Attorney, stated this and the following item are small tract oil and gas leases. He stated this property is approximately .2 mineral acres and the other is approximately 1.82 acres, and Matrix Energy, LLC, has paid the requisite amount of $200.00 for each of the small tract oil and gas leases. In response to Chair Rademacher, Mr. Barker clarified $200.00 is the minimum amount; however, companies have chosen to pay higher amounts before. He recommended the Board consider raising the minimum amount for small tract oil and gas lease offers, since companies are likely willing to pay more than $200.00; however, most companies are not likely to offer more than the minimum amount. Chair Rademacher stated some of the oil and gas leases for this portion of the County have generated a very high amount. Commissioner Conway inquired as to whether the Board can counter offer a higher fee. Mr. Barker stated the Board can reject the small tract leases and then request a higher amount; however, the Board may want to approve these leases and then increase the minimum amount in the policy, for example, from $200.00, to $500.00. Chair Rademacher indicated he does not want to raise the amount that significantly. Mr. Barker stated the County earns 20 percent of the oil and gas royalties on the small tract lease agreements, which is fairly high, according to people he has spoken to in the industry. In response to Commissioner Conway, Mr. Barker stated the average royalty percentage is 12.5 percent. Commissioner Garcia moved to waive the bid procedure concerning oil and gas leases, approve said lease, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - MATRIX ENERGY, LLC - E1/2SW1/4, S29, T6N, R65W: Based on previous discussion, Commissioner Garcia moved to waive the bid procedure concerning oil and gas leases, approve said lease, and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Dave Bressler, Director, Weld County Paramedic Service, stated the Paramedic Service has a representative on both the 911 Emergency Telephone Service Authority Board and the Regional Communications Advisory Board, through the Board of County Commissioners' appointments. He indicated he is the Chair for the Northern Colorado RETAC and the representative for the 911 Emergency Telephone Service Authority Board, through appointments by the Board of County Commissioners; however, the Northern Colorado RETAC meeting conflicts with the 911 Emergency Telephone Service Authority Board. He stated the bylaws require the representative to be present, in person, or by telephone, in order to vote, and he cannot give each Board the appropriate attention, due to the timing conflict; therefore, he recommends Mitch Wagy be appointed to the 911 Emergency Telephone Service Authority Board, and he will continue to serve on the Northern Colorado RETAC. In response to Commissioner Kirkmeyer, Commissioner Conway indicated he has served on Boards with Mr. Wagy before, and he finds him to be highly qualified, and he moved to appoint Mitch Wagy to the 911 Emergency Telephone Service Authority Board as the Emergency Medical Service representative, with a term to expire January 11, 2011. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, October 4, 2010 2010-2343 Page 3 BC0016 SECOND READING OF CODE ORDINANCE #2010-9, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Ordinance #2010-9 by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read Ordinance #2010-9 into the record by title, and he indicated he is unaware of any changes to the Ordinance since the first reading. Trevor Jiricek, Director, Department of Planning Services, confirmed there are no changes being proposed for the second reading of the Ordinance. Chair Rademacher provided the opportunity for public testimony; however, none was given. Commissioner Garcia moved to approve Ordinance #2010-9 on second reading. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1077 - HARVEY AND OLGA MARKHAM: Kim Ogle, Department of Planning Services, indicated Harvey Markham, property owner, submitted a letter requesting the full release of collateral for Planned Unit Development (PUD) Final Plan, PF #1077, in the amount of $13,933.00. He stated staff has no issues, and he recommended the full refund of the warranty collateral. Commissioner Conway moved to approve said cancellation and release of collateral for PUD Final Plan, PF #1077. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) FOR USE BY SPECIAL REVIEW PERMIT #1682 AND AUTHORIZE CHAIR TO SIGN - MORTON LAKES, LLC, C/O READY MIXED CONCRETE COMPANY: Mr. Ogle indicated this and the following item are two (2) improvements agreements for adjoining mining facilities, and he recommended approval of both of the improvements agreements without collateral. He stated the collateral will be accepted when a grading permit is applied for, for Use by Special Review (USR) Permit #1608. He stated Morton Lakes, LLC, must access the property owned by Holton Family, LLC, in order to exit the property. In response to Commissioner Kirkmeyer, Mr. Barker stated the Board has approved improvements agreements without collateral before. Mr. Ogle indicated the Board approved such an agreement for Copart, Inc., which is located on County Road 27, where it must provide collateral if the facility expands. Commissioner Kirkmeyer inquired as to why there is no Condition of Approval addressing the access issues. Mr. Ogle stated staff required Morton Lakes, LLC, to obtain an access agreement to cross the Holton Family, LLC, property, to access State Highway 52. In response to Commissioner Kirkmeyer, Mr. Ogle confirmed the access from Holton Family, LLC, to State Highway 52 has been improved. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) FOR USE BY SPECIAL REVIEW PERMIT #1608 AND AUTHORIZE CHAIR TO SIGN - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE COMPANY: In response to Commissioner Kirkmeyer, Mr. Ogle clarified this improvements agreement also does not have collateral, and he reiterated that collateral will not be posted for either agreement until the grading permit has been applied for. He stated a condition of recording the plat is to have an improvements agreement; therefore, staff allowed the companies to enter into the improvements agreements, without providing collateral until mining has commenced, and the companies have three (3) years to commence mining from the date of recording the plat. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. Minutes, October 4, 2010 2010-2343 Page 4 BC0016 CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN FOR CHANGE OF ZONE, PZ #1071, FOR ADLER ESTATES PLANNED UNIT DEVELOPMENT - MEAD CROSSINGS, LLC: Mr. Ogle stated staff received a letter from Fred Kelly, Managing Partner for Mead Crossings, LLC, requesting a one (1) year extension to submit the final plat, and this is the fourth extension which has been requested. He stated the Change of Zone was approved in the year 2005, and Mr. Kelly requested an extension in the year 2008, and each of the following years. Chair Rademacher indicated it is likely due to the poor economy. Commissioner Kirkmeyer stated the Change of Zone was approved in the year 2005, which was before the economy was bad. Chair Rademacher inquired as to what the Weld County Code states about extensions. Mr. Ogle stated the Weld County Code indicates that if more than three (3) extensions are requested, the matter must come before the Board for consideration. In response to Chair Rademacher, Mr. Ogle confirmed the Board has recently approved several requests for two (2) year extensions. Commissioner Garcia moved to approve said request for extension for the submittal of the Final Plan for Change of Zone, PZ#1071, for a period of one (1) year. Commissioner Conway seconded the motion. Commissioner Kirkmeyer indicated she will vote in favor of the extension; however, when the PUD was approved, the applicant should have been required to demonstrate a need for the PUD, and the PUD may have been premature at the time of approval, since the area was not ready for development. Commissioner Conway indicated in these difficult economic times, these matters must be reviewed on a case by case basis, and the Board should give people the benefit of the doubt and an opportunity to succeed when the economy improves; however, he concurred with Commissioner Kirkmeyer that the area was not ready for development in the year 2005. There being no further discussion, the motion carried unanimously. CONSIDER REQUEST OF JOHN HOCHMILLER TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1323 FOR A BUSINESS (COMMERCIAL JUNK OR SALVAGE YARD) IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT: Mr. Ogle stated John Hochmiller, property owner, submitted a letter requesting to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit #1323 for a Business (commercial junk or salvage yard) in the 1-3 (Industrial) Zone District. He stated the property is vacant and for sale, and the project has been abandoned; therefore, staff recommends the request be approved. Chair Rademacher inquired as to whether this request was initiated by a zoning violation. Mr. Ogle stated the matter was discovered by staff reviewing its files and following up on cases; not due to a zoning violation. In response to Chair Rademacher, Mr. Ogle stated that Bethany Salzman, Department of Planning Services, has verified the property is vacant and not being utilized as a commercial junk or salvage yard. Commissioner Kirkmeyer inquired as to how the Board can withdraw the application since the USR application has already been approved, and she inquired as to whether the appropriate action would be to vacate the USR. Mr. Ogle stated a plat has not been recorded; therefore, the application will be withdrawn, as opposed to vacating the USR. In response to Commissioner Kirkmeyer, Mr. Barker indicated the plat has not been filed, as pursuant to the Resolution; therefore, the USR process has not been completed. Commissioner Kirkmeyer moved to approve said request to withdraw the application for a Site Specific Development Plan and USR #1323 for a business (commercial junk or salvage yard) in the 1-3 (Industrial) Zone District. Seconded by Commissioner Garcia, the motion carried unanimously. (Clerk's Note: Upon further discussion of Commissioner Kirkmeyer's questions, subsequent to the meeting being adjourned, Mr. Barker determined the appropriate action to include rescinding Resolution #2001-1178, in addition to approving the request to withdraw the application.) RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Ordinance#2010-9 was approved on second reading. 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V (13 u E o v u u ro ay y tr. • C 'tit y c °u uc E o E v a E u c 4 n U O •O '= o u n. E •� C ,r. v o fl. .... wc °� C v 7 o 'ou 3L 3 ° � u C _ E I F`- - v v cd � o c � x ° E 3 O t0 O ro .E tCb O O bp V , C "' U Z S v C u uU u o .. 3c .o E eu u, o 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 9:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 75 Q°s ', er a v Art.-.0 G. e- ou Kza glat Radem e , Chair • Weld County Clerk to the Bo.�� -""'�361 1 � Kirkmeye , Pro-Tem Deputy Cler/'o the Board ��� �� -- !r`. Sean P. �brpway (/f/ William F. G a EXCUSED David E. Long Minutes, October 4, 2010 2010-2343 Page 6 BC0016
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