HomeMy WebLinkAbout20090399.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 9, 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, February 9, 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 Administrative Services, Monica Mika
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of February 4, 2009, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on February 4, 2009, as follows: 1) USR #1667 - Mark Brinkman, 2) USR #1673 -
Cynthia Hutt, and 3) USR #1674 - Cynthia Hutt. 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 Rademacher 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.
NEW BUSINESS:
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO
LAMB AVENUE AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - M.K. MATHEWS:
Leon Sievers, Department of Public Works, stated the County is acquiring two parcels of land from Marty
Mathews for part of the Aristocrat Storm Sewer Project. Mr. Sievers stated the County will acquire
0.279 acres of permanent easement and 0.41 acres of temporary construction easement for the amount
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of $2,500.00, and the amount of $1,500.00 is being reimbursed to the land owner for the cost of surveying,
plat preparation, and final preparation of a legal description for the easements, for a total compensation
amount of $4,000.00. In response to Chair Garcia, Mr. Sievers stated there was no appraisal completed
for the acquisition of the two parcels; however, he researched comparable sales in the area, and the
amount of compensation being provided to Mr. Mathews is approximately $1,000.00 higher than the
comparable sales, due to the County finding it necessary to negotiate the price with the land owner.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign any
necessary documents. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - DEWEY'S BAR AND GRILL, LLC, DBA DEWEY'S BAR AND GRILL: Lisa Carpenter, Sheriff's
Office, stated she performed a former liquor license inspection and also visited the establishment on a
second occasion as a patron, and she has no concerns regarding the establishment. Commissioner Long
moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE THE CHAIR TO SIGN - FORT 21, LTD., DBA FORT 21: Bruce Barker, County Attorney,
stated the establishment has not had any problems recently; therefore, he recommends approval of the
dance license. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TOWN OF WINDSOR: Christopher
Woodruff, Assessor, stated the petition is for the 2007 tax year, from the Town of Windsor. He stated the
original value of the parcel was $14,690.00; however, it needs to be corrected to zero, because it is tax
exempt, since it is owned by the Town of Windsor. He recommended a refund in the amount of $1,780.22.
In response to Commissioner Rademacher, Mr. Woodruff stated he does not believe the property was
damaged by the tornado, and in the event it was, staff would have prorated the value of the property
according the damage it incurred. Commissioner Long moved to approve said refund, in the amount of
$1,780.00, based on staffs recommendation. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ECHOSTAR SATELLITE, LLC, DBA
DISH NETWORK: Mr. Woodruff stated this may be the most complex petition the Assessor's Office has
presented to the Board because it involves two tax years, 2006 and 2007, and multiple properties,
specifically, satellite dish equipment at various locations throughout Weld County. Mr. Woodruff stated
Echostar Satellite, LLC, sued Arapahoe County, in 2004, regarding the interpretation of what constitutes
consumable personal property, which is property with a value less than the $250.00 threshold that qualifies
for tax exemption, and, in 2007, the Board of Assessment Appeals found in favor of Echostar Satellite,
LLC. He stated prior to the determination by the Board of Assessment Appeals, the satellite system was
valued as a whole unit, in accordance with the tax administrator manuals at the time. He further stated
all the affected counties within the State were consolidated into one case by the Board of Assessment
Appeals. Mr. Woodruff stated, in response to the ruling, the respondent counties appealed to the Court
of Appeals, it was determined to be a matter of statewide concern, and the State Tax Administrator was
involved, since the definitions in the manuals were being considered. He stated the Court of Appeals ruled
in favor of Echostar Satellite, LLC, determined the set top boxes (receivers) and the drop boxes (low -noise
block filters) are individual components, which meet the definition of personal consumable property and
are tax exempt, and as a result of the ruling, the State Tax Administrator has changed the tax manual
values accordingly. He further stated, as a result of the ruling, the County will refund $21,503.67, for Tax
Year 2006, and $28,193.04, for Tax Year 2007. In response to Chair Garcia, Mr. Woodruff stated set top
boxes and low -noise block filters are items which the customers keep in their homes in order to receive
Minutes, February 9, 2009 2009-0399
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the satellite signal, and the Assessor's Office used to assess all of the satellite equipment together as one
system, based on the reasoning that all of the equipment is required to obtain satellite service from the
provider; however, Echostar, LLC, convinced the court that those two particular pieces of equipment are
separate and distinct from the rest of the satellite system. Further responding to Chair Garcia, Mr.
Woodruff stated there have been no discussions regarding additional time being necessary to conduct
personal property assessments, since most of the numbers are electronically uploaded and are no longer
manually entered into the system by staff. In response to Commissioner Conway, Mr. Woodruff stated the
Supreme Court was satisfied with the ruling made by the Court of Appeals and elected not to hear the
matter. Commissioner Rademacher moved to approve said refunds, in the amounts of $21,503.67 and
$28,193.04, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER SECOND AMENDMENT TO AMBULANCE SERVICES AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dave Bressler,
Weld County Paramedic Service, stated the contract is between Weld County and North Colorado Medical
Center (NCMC) for situations in which patient transfers are conducted at the request of NCMC and not at
the request of the patient. Commissioner Conway moved to approve the second amendment to the
Ambulance Services Agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER GRANT CONTINUATION APPLICATION TO DIVISION OF CRIMINAL JUSTICE (DCJ) FOR
JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Kirsta Britton, District Attorney's
Office, stated the Department has been awarded the grant for a three-year period, through 2011; however,
staff is required to submit a grant continuation application each year. She stated the grant application was
revised last summer to include a director position and an interpreter position, and the Department
determined another case manager is not required. She stated the Department is requesting less money
than the previous year because an interpreter for the Victim Witness Unit will be serving the Juvenile
Diversion Program on a part-time basis. In response to Chair Garcia, Ms. Britton stated there is a
decreased need for interpreter hours. Chair Garcia inquired about how beneficial the Juvenile Diversion
Program has been for Weld County. Ms. Britton stated in the past year 115 children participated in the
Weld County Juvenile Diversion Program, 98 percent of the participants successfully completed the
Program, and approximately 88 percent of those participants who completed the Program committed no
further law violations when the matter was reviewed two years after the Program's completion. Ms. Britton
stated the numbers are good and the families of the participants are responding favorably to the Program.
In response to Commissioner Rademacher, Ms. Britton stated the total amount of the grant will be
approximately $76,000.00, and there will be County match of approximately $20,000.00. Commissioner
Rademacher moved to approve said grant continuation application and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT FOR
VICTIM SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN: Suzi Cvancera, Sheriff's Office, stated the
application is for a grant to purchase equipment to help the Department better serve victims of crimes, and
the application includes a request for Global Positioning Systems (GPS) for the County vehicles to improve
the Sheriff's Office's response time to unfamiliar locations. Commissioner Conway moved to approve said
application and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER OPTION LETTER #2 FOR INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF
PUBLIC TRANSPORTATION IN NON -URBANIZED AREAS AND AUTHORIZE CHAIR TO SIGN: Barb
Connolly, Controller, stated this is the second part of an agreement with the Colorado Department of
Transportation (CDOT). In response to Chair Garcia, Ms. Connolly stated there will be a County match
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of $108,000.00, which was planned for in the budget. Commissioner Conway moved to approve Option
Letter #2 for the Intergovernmental Agreement for Provision of Public Transportation in Non -Urbanized
Areas and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
PLANNING:
CONSIDER TWO IMPROVEMENTS AGREEMENTS ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE AND PUBLIC), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR #425 - RUBY HAMMOND: Kim Ogle,
Department of Planning Services, stated a cash deposit was submitted by the applicant, in the amount of
$12,741.00, to cover on -site and off -site improvements, the memorandum prepared on February 3, 2009,
lists the improvement items, and staff recommends acceptance of the agreements and collateral. Don
Dunker, Department of Public Works, stated the Department concurs with the recommendations of the
Department of Planning Services on the matter. In response to Commissioner Rademacher, Mr. Dunker
stated the property is located on County Road 4, east of U.S. Highway 85. Commissioner Rademacher
moved to approve said agreements, authorize the Chair to sign, and accept said collateral for Site Plan
Review, SPR #425. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW #1629 - UNITED POWER, INC.: Michelle
Martin, Department of Planning Services, stated the applicant applied for a Use by Special Review (USR)
Permit for an electrical station in September, 2007, and today the Improvements Agreement is being
considered for approval by the Board. Ms. Martin stated the Planning Commission denied USR request
on January 15, 2008, based on the following three reasons: the design of the proposed facility did not
mitigate negative impacts on the surrounding area to the greatest extent feasible; the applicant did not
prove by a preponderance of evidence that the measures it proposed to mitigate/minimize any proposed
adverse impacts from the proposed facility would ensure the health, safety, and welfare of the inhabitants
of Weld County; and all reasonable alternatives to the proposal had not been adequately addressed. She
stated the Board approved the request on July 15, 2008; however, as a result of the public testimony, the
Board instructed the applicant to hire a licensed landscape architect to design a Landscape and Drainage
Plan. She stated the site is located approximately one-half mile south of State Highway 66 and east of and
adjacent to County Road 5.5, it lies south of and adjacent to the town limits of the Town of Mead, and it
falls outside of the City of Longmont's Intergovernmental Agreement boundaries and the 1-25 Regional
Urbanization Area. Ms. Martin stated there are primarily agricultural uses in the area; however, the
property to the north is located within the town limits of the Town of Mead and is a residential subdivision,
named Liberty Ranch; the property located to the south is Adler Estates and it is zoned Planned Unit
Development (PUD); and the property located to the east is a proposed residential subdivision, named
Waterfront at Foster Creek. She stated the applicants proposed constructing a ten -foot tall cedar fence,
which will encompass the entire property, and planting landscaping to screen the property. In response
to Commissioner Long, Ms. Martin stated the facility will be placed on a lower elevation to help screen it
from view, in addition to the landscaping and fencing. Ms. Martin stated the applicant has submitted
collateral, in the amount of $1,318,875.00, for on -site improvements, and the Departments of Planning
Services and Public Works have determined the amount is sufficient.
David Snyder, Department of Public Works, clarified the property will lowered anywhere from
approximately twelve feet at its lowest point, to approximately 35 feet at its highest point, in an effort to
screen the property from view.
Dick Clark, Attorney for United Power, Inc., stated he is satisfied with the Draft Resolution and he has not
identified any problems with the document. Mr. Clark stated the substation is vital for United Power, Inc.,
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to be able to serve the growing needs of the surrounding community. He stated United Power, Inc., has
conducted many meetings with surrounding homeowners prior to the Site Plan being approved, and as a
result of those meetings, the substation was moved further south, the substation was sunk further into the
ground, additional berms and fencing were planned to further screen the area, and the circuits coming from
the substation will be buried. He stated when the Board approved the permit and instructed the applicant
to hire a landscape architect, a Board member suggested using the same architect who conducted work
for the Liberty Ranch development, and United Power, Inc., did hire the recommended architect. Mr. Clark
stated there is an 80 -foot power line traveling through the area, along the north side of the substation and
the south side of the Liberty Ranch subdivision; however, the landscaping is not intended to screen the
power line because it is not owned by United Power, Inc., and it was installed approximately 30 years ago.
Jay Mendoza, United Power, Inc., reiterated the Improvements Agreement is being presented for Board
approval today, and when the Board approved the permit last summer, it specified the applicant must hire
a licensed landscape architect and that the homeowners and HOA must be notified, as Conditions of
Approval. He stated the company closed bids and hired Land Architects in August, 2008, and mailed 83
landscaping mitigation packets to all of the property owners within one-half mile, even though it was only
required that the company notify landowners within 500 feet. He stated the packets included a letter
containing a notice of a meeting on September 3, 2008, to present the Landscaping Plan, a draft of the
Grading Plan, a draft of the grading sections, and a draft of the Landscape Plan. He stated one of the
Conditions of Approval was to provide notice to the Liberty Ranch Homeowners' Association and to Centex
Homes, and United Power, Inc., did so. Mr. Mendoza stated the applicant also provided packets to 81
other residents and businesses within a half -mile radius of the Slater Substation, and only one packet was
returned undeliverable, which was intended to be delivered to a railroad company. He stated comment
cards were provided at the meeting to give the residents an opportunity to provide feedback even if they
were not comfortable speaking in front of others, 16 Liberty Ranch residents attended the meeting, and
the attendees were provided with an e-mail address to address any concerns which may arise after the
meeting. He stated comments from the Liberty Ranch residents included inquiries about the height of the
trees at the time of installation, the maintenance of the green area, the low shrub area on the north side
of the substation property, the view driving eastbound on State Highway 66, and the key comment was that
the residents wanted the applicant to landscape the Centex Property, which is located north of and
adjacent to the substation. Mr. Mendoza stated the deciduous trees will be approximately 20 feet tall at
the time of the installation, the evergreen trees will be approximately 10-12 feet at the time of the
installation, and the landscaping will be performed by a contractor. He stated the reason the shrubs on
the north side of the substation must be lower is because there is a National Electrical Safety Code, which
limits the height of shrubbery in front of the transmission feeders. He stated in regards to the request to
landscape Centex's property, the applicant cannot spend the money to landscape private property, which
does not belong to the company. Mr. Mendoza stated he participated in e-mail and telephone discussions
with Linda Purdy, representative of Centex, in October, 2008, regarding the proposed cedar fence and the
water supply, and following the discussion, it was determined that the applicant will construct the ten -foot
tall cedar fence around the entire substation. He explained prior to October, 2008, the company planned
to construct the cedar fence only around a portion of the substation. He stated United Power, Inc., has
acquired an easement on a surrounding property, belonging to Leslie Slater, to access a water supply, in
order to irrigate the landscape. He explained that Ms. Slater suggested the applicant use drought tolerant
and native species; however, the natural vegetation's height will not sufficiently screen the property. In
response to Commissioner Kirkmeyer, Mr. Mendoza stated the meeting went well and there were no
comments from surrounding residents that the company was unable to satisfactorily respond to.
Ken Puncerelli, Land Architects, stated the power line easement existed prior to this project's onset and
it was a challenge to integrate the 80 -foot tall power line into the Liberty Ranch community when he
performed their landscaping. Mr. Puncerelli stated when planning the Liberty Ranch landscaping, the
intent was to integrate a trail along the south edge of the property, to provide an additional buffer area
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between Liberty Ranch and the substation. He stated the previous proposal for the substation only
included a fence, and landscaping and berms were later added to the plan to mitigate any negative visual
aspects. He explained that he researched example properties and ultimately used the Drake Substation,
located in the City of Fort Collins, as a model for the landscaping project. He stated the proposed
Landscape Plan includes evergreen trees, deciduous trees, and evergreen shrubs. Mr. Puncerelli stated
there are not any low shrubs proposed in the plan, in regards to the feedback received from the Liberty
Ranch residents, and he stated all of the shrubs will be approximately 15 feet tall in maturity. He stated
there is approximately 32 feet of difference in grade change, between the highest and lowest points, and
the grading plan includes constructing retaining walls to increase the grade in the northeast corner
because the homes on that side are the most visually impacted by the substation.
Commissioner Rademacher inquired why both a chain link fence and a cedar fence are being installed.
Donald McDaniel, United Power, Inc., stated the chain link fence will be constructed within the parameters
of the cedar fence, and it is being installed as a safety requirement, since the cedar fence may be easily
scaled or pried off. Mr. McDaniel stated the chain link fence is a Rural Utility System (RUS) standard, and
although the applicant is not governed by them, the company adheres to the RUS standards. In response
to Commissioner Rademacher, Mr. McDaniel stated potable water will be used to maintain the landscaping
because the company does not possess a license to utilize ditch water. He stated the company discussed
obtaining Long's Peak water previously; however, it was not available. Commissioner Rademacher
suggested perhaps some of the water could be obtained from the Slater property. Mr. McDaniel stated
the company has not been able to obtain water through other means at this point; however, they can
continue to investigate the matter. Commissioner Rademacher stated it will be more efficient for the
company if water can be obtained through other resources.
Linda Purdy, Centex Homes, stated she did not receive the notification for the meeting; however, she has
subsequently had the opportunity to discuss the matter, and Centex has no objections to the proposal.
Ms. Purdy expressed her appreciation to the County and United Power, Inc. for their mitigation efforts. She
stated her only concern is that upon reviewing the proposed agreement, it did not seem to her that the
quantities of cedar fence material made sense in relationship to the quantities of chain link fence material;
therefore, she wants to confirm it is in the record that the entire area will be surrounded with the 10 -foot
cedar fence, with masonry brick columns, and a chain link fence on the interior. She sated it is important
to clarify the intent for those who may have a need to review the matter in the future, when all of the people
who were involved with the matter are not necessarily accessible any longer. Commissioner Rademacher
stated it should also be made clear for the record that United Power, Inc., will not perform the requested
landscaping on the Centex property, and bears no responsibility to do so; however, Centex has plans to
complete certain landscaping measures. Ms. Purdy clarified the landscaping is part of the approved
development plan for a future phase for Liberty Ranch; however, since the hearing on July 15, 2008,
Centex has announced it will be ceasing operations in the Denver market and exiting the area altogether,
including the construction at Liberty Ranch, and the last home available in Liberty Ranch is presently for
sale. In response to Chair Garcia, Ms. Purdy stated the information provided today regarding the fencing
is sufficient; however, she would like to see it included in the Improvements Agreement. Chair Garcia
stated copies of the Powerpoint presentations must be submitted by the speakers for the record. (Clerk's
Note: Mr. Puncerelli submitted his Powerpoint presentation, upon Chair Garcia's request, marked Exhibit B,
and Mr. Mendoza submitted his Powerpoint presentation via e-mail on December 10, 2009, marked
Exhibit C.)
Mr. Clark stated he wishes to clearly state for the record that both of the fences will be constructed along
the entire parameter of the substation facility.
Commissioner Long stated he is pleased with the proposed plan and the process that has been followed,
and he moved to approve said agreement, authorize the Chair to sign, and accept collateral for Use by
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Page 6 BC0016
Special Review #1629. Commissioner Rademacher seconded the motion. Chair Garcia stated there has
been a good partnership between the Liberty Ranch residents and United Power, Inc., and he is glad to
see the positive outcome. Commissioner Kirkmeyer stated it is intended that these types of matters work
out exactly as this matter did and she appreciates the professionalism and the respect for the surrounding
neighborhoods that the applicant has demonstrated. Commissioner Conway concurred with Chair Garcia
and Commissioner Kirkmeyer. 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.
There being no further business, this meeting was adjourned at 10:10 a.m.
ATTEST:
Weld County Clerk to the Boa
BY. tti 1 101( C
Dept Cler • the Board
BOARD OF C9IJN Y COMMISSIONERS
WELD GOU LORADO
William F. Garcia, Chair
ou ' as ' a. - ' acher, Pro-Tem
Se P. Conway
bara Kirkmey
� 1
David E. Long
Minutes, February 9, 2009 2009-0399
Page 7 BC0016
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