HomeMy WebLinkAbout20090656RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 16, 2009
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, March 16, 2009, 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 William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of March 11, 2009, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on March 10, 2009: 1) Violation Hearings; and on March 11, 2009: 1) Hearing re:
Petition and Agreement for Annexation of a Portion of County Road 11 (Enclave Annexation and Rezone
#4) to Town of Frederick . Commissioner Kirkmeyer seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Garcia added New Item of Business #11) Expression of Concern
Regarding Prescribed Burns in Pawnee National Grasslands and Request to Eliminate Such Burns or
Postpone Until More Favorable Weather Conditions Exist
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT AND APPROVE BID #600409, 2009 CHEMICAL HERBICIDES - DEPARTMENT OF PUBLIC
WORKS: Monica Mika, Director of Administrative Services, stated the acceptance of the low bids for five
different chemicals are recommended. She stated staff is requesting emergency approval of the bid due
2009-0656
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to time constraints. In response to Chair Garcia, Tina Booton, Department of Public Works, stated last
year the County treated approximately 800 acres of road sites on the first pass, approximately 600 acres
on the second pass, and a comparable number of acres will be treated this year. She stated on the first
pass all of the weeds will be treated, and on the second pass knapweed and thistle will be focused on.
Commissioner Rademacher moved to approve said low bids from Helena Chemical, UAP-CPS, Van Diest,
Simplot Glower Solutions, and Simplot Partners, based on staffs recommendation. Seconded by
Commissioner Conway, the motion carried unanimously.
OLD BUSINESS:
CONSIDER PROFESSIONAL SERVICE AGREEMENT FOR VARIOUS INTERACTIVE GAME
ATTRACTIONS AND AUTHORIZE CHAIR TO SIGN - INTERACTIVE GAME EXPERIENCE, LLC (IGX)
(CON'T FROM 03/11/09): Bruce Barker, County Attorney, stated this is an agreement he drafted for the
Fair regarding interactive games, and there will be no cost to the County. In response to Commissioner
Conway, Ms. Kirkmeyer stated Michelle Langston, Fair Coordinator, sent an e-mail to the Board listing
each of the games to be available and explaining how the games relate to the health and education of
children. In response to Commissioner Rademacher, Mr. Barker stated the games will be limited to those
submitted on the list. Chair Garcia stated some of the game titles which are rated T, for Teen, included
Super Mario Brothers, Finding Nemo, and Pirates of the Carribean. Commissioner Kirkmeyer stated most
of the games are rated E for Everyone. Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - YE'O JR., INC., DBA BOLDT IN GRILL: Mr. Barker stated this is an
application for renewal, and he has never had any problems with the establishment. Deputy Glen Cowan,
Sheriff's Office, stated he performed the inspection and there have been no calls for service in the last
year. Commissioner Long moved to approve said application for renewal and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GARAGE STORAGE, LLC:
Christopher Woodruff, Assessor, stated Mr. Woodruff stated there are 90 storage units contained in two
property schedules, and the storage units were valued in 2008, based on information in the June 30, 2006,
appraisal; however, the valuations were protested and adjusted, based on income information.
Mr. Woodruff stated when the project was recorded, the previously established value for the pre-existing
parcels was allocated across the 90 storage units; however, staff was not permitted to reappraise the units.
He stated staff will be able to value the storage units as legal entities for the first time in the 2009
reappraisal, using the data received in the abatement petition. He stated denial of the petition is
recommended, and it is recommended the value remain at $1,689,641.00 for 2008, as established at the
protest. In response to Chair Garcia, Mr. Woodruff stated typically square footage is used as a means of
determining the value in these types of matters, and the following year the property is valued appropriate
to the market, which in this case will be 2009.
Kevin Schultz, Business Manager for Garage Storage, LLC, stated the property is located in the City of
Longmont, and he submitted a letter with the abatement petition. Mr. Schultz stated he has additional
information to provide and submitted a packet of documentation into the record, marked Exhibit A. He
explained the additional information documents the unit numbers and the renters at each location, and the
information indicates Building C has only four of the 27 units leased and Building D has only four of the18
units leased. He requested that the value be adjusted to $1,468,803.00, based on income consideration.
Mr. Schultz stated the property is part of the 1-25 Business Park and the ground underneath the storage
center was valued at $8.20 per square foot, and the last lot in the Business Park sold for $1.86 per square
foot. He stated the last sale in the area occurred over a year ago and he thinks $1.50 per square foot is
Minutes, March 16, 2009 2009-0656
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a more reasonable rate for the property to be assessed at, which would put the land value at $500,831.00,
and the building values at $604,672.00 and $363,300.00, respectively, for a total of $1,468,803.00. He
stated he also included updated profit and loss information, based on the property's expenses, and the
financial statement excludes property taxes and the loan principle. Mr. Schultz stated the packet includes
the Certificates of Occupancy for Building D, which was approved on June 9, 2008, and Building C, which
was approved on July 1, 2008; therefore, there has only been approximately six months to fill Buildings
C and D.
In response to Commissioner Kirkmeyer, Mr. Woodruff stated he has had a chance to review most of the
information in the packet; however, there is some updated information, which he is seeing today for the
first time. Further responding to Commissioner Kirkmeyer, Mr. Woodruff stated the problem with the
information provided is that it is all data from 2008, and under the law, only data from 2006 can be used
when considering the 2008 valuation, even though the property did not exist in its current form in 2006.
Mr. Woodruff stated the Office valued the property as it was on January 1, 2008, those values were
protested, and the income data persuaded staff to reduce the valuation. He stated when the subdivision
occurred, the value established from the protest was allocated across the 90 units; therefore, the property
was not reappraised using new information because it is prohibited by law. He stated all of this information
will be relevant for the 2009 reappraisal because the data is occurring in the new study period; however,
he cannot reappraise using current data for a property. Commissioner Conway inquired if Mr. Schultz can
provide any data from the timeframe which may be considered. Mr. Schultz stated the Assessor's Office
was provided an estimated income as of January 31, 2009; however, he does not have the information
pertaining to the time period which may be considered. Chair Garcia stated Mr. Schultz does not believe
adequate credit has been given to the properties which have not been leased. Mr. Woodruff stated this
was an allocation of an existing value, as two parcels of land with buildings, and the 90 units were not
appraised. He clarified the value was allocated across the units as the units were set up in tax accounts,
and staff did not consider which units may or may not be leased. He reiterated the value was established
for the original two parcels for 2008, and it was protested; however, it was appealed to the Board of
Equalization. He stated the information regarding income and leases in 2008 will be applicable to the 2009
reappraisal. In response to Commissioner Conway, Mr. Woodruff stated he does not have the list of
comparable values staff used to establish the values; however, the sale Mr. Schultz referred to that
occurred approximately one year ago is not applicable to this appraisal period; comparable values from
2005 and the first half of 2006 are applicable to this appraisal period. He clarified the value of $8.20 per
square foot would be a high value for a property sold last year; however, it applies to the 2005 and 2006
values. Mr. Schultz stated he does not have data for 2005 and 2006 with him; however, he has access
to the information in his office. He stated in 2006 a comparable property sold for $1.75 per square foot;
therefore, he believes the valuation is unrealistic for 2006 also. In response to Mr. Warden, Mr. Woodruff
stated an abatement is not relevant since the matter has already been protested. Mr. Barker concurred
with Mr. Woodruff. Commissioner Long moved to deny said petition, based on staff's recommendation.
Commissioner Rademacher seconded the motion. Commissioner Conway stated he will vote to deny the
petition since he does not believe he has another choice under the present rules; however, he is concerned
about the discrepancy and he encouraged the petitioner to work with the Assessor's Office to understand
the discrepancy. He stated he is appreciative of the Assessor's Office's position regarding working with
changing land values; however, he believes the petitioner raised a legitimate issue. There being no further
discussion, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COMFORT DENTAL: Mr. Woodruff
stated the request is for Tax Year 2008, for leased equipment at the location. He stated the leased
equipment was double assessed; therefore, the corrected value is $0.00, and the amount of the abatement
is $1,457.05. Commissioner Conway moved to approve said petition. Commissioner Kirkmeyer seconded
the motion. In response to Commissioner Kirkmeyer, Mr. Woodruff stated the Division of Property
Taxation does still offer a class regarding the abatement process, and he will advise her of the class
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schedule and provide her with the information she requested. There being no further discussion, the
motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 7 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - FRANK
WRIGHT AND ROBERT MACH: Leon Sievers, Department of Public Works, stated this is the second
parcel out of 5 parcels being acquired for the County Roads 7 and 48 Strategic Roads Project, and the
property is located on the west side of County Road 7 and approximately 1/4 mile south of State
Highway 60. Mr. Sievers stated 1.66 acres of right-of-way are being acquired for $15,770.00, which is
$9,500.00 per acre and based on an appraisal report made by Foster Valuation Company. In response
to Commissioner Conway, Mr. Sievers stated the land owner is a willing seller. Commissioner Long moved
to approve said agreement and authorize the Chair to sign any necessary documents. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER RIGHT -OF -ENTRY AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ROGGEN FARMERS
ELEVATOR ASSOCIATION: Dean Dreher, Department of Public Works, stated the agreement is for a
milling and overlay project in the Town of Roggen and on County Road 73. Mr. Dreher stated the
seven -mile project was scheduled for last year; however, it was postponed to accommodate the harvest
season. He stated the County has partnered with the Roggen Elevator to stockpile material at the facility,
at no cost to the County, which will eliminate approximately 200 loads. In response to Commissioner
Garcia, Mr. Dreher stated remnants of the materials are left behind because staff does not like to get down
to the base, or the original dirt, due to contamination concerns. Commissioner Kirkmeyer moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 38 AND 42: Janet Carter, Department
of Public Works, stated the closure will commence March 23, 2009, through April 10, 2009, and road signs,
barricades, and message boards will be used to advise drivers of the closure. Ms. Carter stated the
closure is necessary to replace four culverts. She stated the average daily traffic count is 998 vehicles,
according to a 2006 traffic study. She stated portions of the detour route are gravel and magnesium
chloride will be used for dust abatement. Commissioner Long moved to approve said temporary closure.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN CRS 70 AND 72: Ms. Carter stated the
closure will commence March 23, 2009, through March 27, 2009, for replacement of a 40 -inch CMP
irrigation pipe. She stated road signs and barricades will be used to advise drivers of the closure; however,
there will not be any message boards utilized. She stated the detour route is gravel roadway; therefore,
magnesium chloride will be used for dust abatement. Ms. Carter stated the average daily traffic count is
245 vehicles, according to a 2008 traffic study. Commissioner Rademacher moved to approve said
temporary closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR FULTON DITCH WATER RIGHTS AND AUTHORIZE CHAIR TO
SIGN - PETROCCO FARMS, C/O DAVE PETROCCO, SR.: Clay Kimmi, Department of Public Works,
stated the lease consists of 28 shares of Fulton Ditch water, which Petrocco Farms has leased from the
County for several years at $60.00 per share. Mr. Barker stated the most important reason for the lease
agreement is to document the use of the water. Commissioner Kirkmeyer moved to approve said lease
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER CONTRACT FOR PURCHASE AND SALE OF COLORADO -BIG THOMPSON WATER,
ESCROW AGREEMENT, AND STATEMENT OF SETTLEMENT AND AUTHORIZE CHAIR TO SIGN
Minutes, March 16, 2009 2009-0656
Page 4 BC0016
NECESSARY DOCUMENTS - WIPO, LLC: Mr. Kimmi stated the contract is for 16 units of Colorado -Big
Thompson water, and the City of Greeley requires 16 units of water in exchange for a three-inch tap to be
used by the new Community Corrections Building, which will be located at the northwest corner of 11th
Avenue and H Street. In response to Commissioner Rademacher, Mr. Kimmi stated the cost to the County
is $9,000.00 per share; however, the typical cost is approximately $9,800.00 per share; therefore, the
County is paying a lower cost per share than the typical cost. In response to Commissioner Long, Mr.
Warden stated this is a standard practice, and historically water has been donated to the City of Greeley
for any undeveloped land. In response to Commissioner Rademacher, Mr. Warner stated the water will
have to be dedicated to the City of Greeley, and it is the standard procedure. Commissioner Conway
moved to approve said contract, escrow agreement, and statement of settlement, and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-2, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to read Ordinance #2009-2 by title only. Seconded by
Commissioner Conway, the motion carried unanimously. Mr. Barker read the Ordinance into the record.
He stated the lease amount was changed from $10.00 per acre to $25.00 per acre in an earlier reading
of the Ordinance, and in the final reading, there is a new part which has been added regarding the
delegation of authority, which needs to be considered today. There was no public testimony.
Commissioner Kirkmeyer moved to approve Ordinance #2009-2 on final reading. Commissioner Long
seconded the motion. Commissioner Conway inquired if the County Attorney has received any public
feedback regarding the Ordinance. Mr. Barker stated he has not received any public input regarding the
Ordinance. There being no further discussion, the motion carried unanimously.
EXPRESSION OF CONCERN REGARDING PRESCRIBED BURNS IN PAWNEE NATIONAL
GRASSLANDS AND REQUEST TO ELIMINATE SUCH BURNS OR POSTPONE UNTIL MORE
FAVORABLE WEATHER CONDITIONS EXIST: Commissioner Long stated it has come to his attention,
via an e-mail he received this morning, that the United States Forest Service plans to proceed with the burn
at the Pawnee National Grasslands unless the conditions are too windy. He stated the Forest Service
plans to burn up to 3,000 acres tomorrow, and has deemed all of the other conditions acceptable for
conducting a burn. He stated he would like the Board to consider a Resolution to request the Forest
Service postpone burning until there is more ground moisture and regrowth may be sustained.
Commissioner Long stated a fire can easily escape control as it has done in the past, and he is also
concerned there is not enough sub -moisture to sustain regrowth. He stated the farmers in the area have
reported there is no moisture in the soil at all for as deep as the soil probes can penetrate into the ground.
He further stated there is no green vegetation growth and typically there would be some surface growth
present by this time of the year. Commissioner Long stated the day the fire burned out of control, he was
amazed the Forest Service planned to burn that day because it was too windy even before the burn
commenced and the wind increased as the day went on. He stated he would like the Forest Service
criteria for burns to be reevaluated, and he would like the County to be involved in approving proposed
burning dates. Commissioner Conway commended Commissioner Long for bringing the matter to the
Board's attention, and stated he is absolutely amazed at the Forest Service's intent to burn, when
considering the lack of moisture in the area. He stated last night he was informed there was less than 1/10
of an inch of moisture in the area for the month of March, and less than 1/4 inch of moisture for the year.
He stated he saw Bob Sakata, Weld County farmer, on the evening news last night and he expressed
these are the worst conditions he has seen in 50 years of farming. Commissioner Conway stated there
was a similar fire in 2005 which burned some utility poles when it burned out of control. Commissioner
Long stated this may be the same fire he remembers. Commissioner Conway stated since there is a
history of the prescribed burns sometimes burning out of control and because the moisture content is
historically low; it was 1908 the last time the area was this dry, it is the wrong time for the Forest Service
to conduct the burn, and it should wait for improved conditions. Commissioner Kirkmeyer stated the e-mail
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Page 5 BC0016
states the burns will begin as soon as March 17, 2009; however, the burns will not take place until
conditions are favorable and these conditions include moisture in the soil. She stated she hopes the Forest
Service views the Resolution as reinforcement of their comments and she is in support of the Resolution.
In response to Commissioner Garcia, Mr. Rademacher stated there are too many factors for him to
determine whether or not 16-32 fire fighters will be a sufficient number; however, northeast Colorado is
under a Red Flag warning and if the farmers have been requested to curtail burning, it makes common
sense that the Forest Service will also cease burning because if it is too dry for the agricultural community
to conduct burns, it is also too dry to burn the Pawnee National Grasslands. Commissioner Long stated
the Forest Service has determined the conditions are favorable in regards to sub -moisture; however, he
would like to challenge their soil tests because the local farmers are not able to penetrate more than a
couple of inches of ground with their soil probes. He stated the wind conditions may vary hour to hour;
therefore, it is not relevant to the conversation; however, he would like the criteria regarding wind factors
to be reviewed. Commissioner Conway inquired if the Resolution should address near normal conditions
since there is no clear criteria for proceeding with a burn. Commissioner Long stated the Forest Service
has criteria they will assert is fair; however, he wants a second opinion. Commissioner Rademacher
suggested the Natural Resources Conservation Services (NRCS) Office may be able to provide a good
second opinion and Commissioner Long concurred. Commissioner Long moved to approve said
Expression of Concern. Commissioner Conway seconded the motion, and stated the burns affect a lot
of citizens and his primary concern is public safety. There being no further discussion, the motion carried
unanimously
HEALTH OLD BUSINESS:
CONSIDER REVOCATION OF FOOD LICENSE FOR THE SONIC DRIVE-IN (FORT LUPTON) (CON'T
FROM 01/21/09): Dan Joseph, Department of Public Health and Environment, stated previously the
establishment agreed to eight conditions as were stipulated by the Board, and at the January 21, 2009
hearing, staff reported the eight conditions were being met and a follow-up inspection was conducted with
no violations being observed. Mr. Joseph stated since the hearing conducted on January 21, 2009, two
additional follow-up inspections have been conducted and one inspection identified some critical violations;
however, no violations were observed at the most recent inspection and the establishment has met all the
conditions agreed upon. He stated staff feels the establishment is working hard to maintain compliance
and the issue may be dismissed. There was no public testimony. In response to Chair Garcia, Mr. Joseph
stated the refrigerated holding area temperature was correct the following morning and at the subsequent
inspection; therefore, it is possible the door to the unit was simply opened more than usual throughout the
day and, as a result, the temperature registered too high. Responding to Chair Garcia, Mr. Joseph stated
the other three critical violations observed upon the March 4, 2009, inspection were training related.
Mr. Joseph stated one of the new employees was changing gloves; however, he was not washing his
hands in between glove changes and he corrected the issue when it was brought to his attention. He
stated another violation concerned plumbing and he believes management has resolved the matter, and
the last violation was corrected by washing some equipment. In response to Commissioner Rademacher,
Mr. Barker stated it is appropriate to move for dismissal. Commissioner Long moved to dismiss the matter.
Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-2 was 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, March 16, 2009 2009-0656
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
Weld County Clerk to the Boar
BY:' ' [LA
Deputy Clerk t
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L
theard
COMMISSIONERS
OLORADO
dam F. Gard Chair
uglas ademach=r, Pro-Tem
Sean P. Conway
David E. Long
Minutes, March 16, 2009 2009-0656
Page 7 BC0016
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