HomeMy WebLinkAbout20083416.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 29, 2008
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, December 29, 2008, 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. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia - EXCUSED
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of December 24, 2008, as printed. Commissioner Rademacher seconded the motion, and it
carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Sean Conway, Commissioner-Elect, stated he will not be here for Commissioners Jerke
and Masden's last meeting;therefore,he wanted to take this opportunity to state both Commissioners have
served Weld County extremely well. Mr. Conway thanked Commissioners Jerke and Masden for
extraordinary public service and wished them luck in their future endeavors.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - CHARLES DALPRA: Chair
Jerke read the certificate into the record, recognizing Charles Dalpra for 19 years of service with the
Department of Human Services. Judy Griego, Director of the Department of Human Services, recognized
Mr. Dalpra's service as a member of the community, including working at Aims Community College, and
working with the Weld County Sheriffs Office, Island Grove Apartments, and at risk families and youth.
Ms. Griego thanked Mr. Dalpra for his dedicated service. Mr. Dalpra stated he ran the Learning Lab;
however, creating it was Ms. Griego's idea. He stated the Learning Lab has served over 20,000 individuals
and facilitated over 1,500 people earning their General Equivalency Diploma (GED) since it has opened.
He further stated this year alone more than 1,500 residents have utilized the Learning Lab, more than 70
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GEDs have been earned, and more than 40,000 hours of lab time has been clocked. Mr. Dalpra thanked
Ms. Griego for providing the idea of the Learning Lab and her contributions to its success. Commissioner
Rademacher thanked Mr. Dalpra for his contributions and wished him luck in his future endeavors.
Commissioner Masden thanked Mr. Dalpra for educating Weld County citizens and helping them to be an
asset to the community. Chair Jerke concurred with Commissioner Masden.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER ACCEPTANCE OF DONATION OF MOBILE COMMUNICATIONS VEHICLE TO WELD
COUNTY SHERIFF'S OFFICE, OFFICE OF EMERGENCY MANAGEMENT, BY CITY OF EVANS: Kim
Fliethman, Sheriff's Office,stated the Board is being asked to accept the donation of a bus currently owned
by the City of Evans. He stated the Department has been working with the City of Evans on the matter
for almost a year and the vehicle has been inspected by mechanics. He stated approximately two years
ago the Department applied for a Homeland Security grant for a mobile communications post and the
request was denied. Mr. Fliethman stated it is staff's hope that after obtaining and utilizing this vehicle for
a few years, the Department will have a better chance of obtaining a grant from Homeland Security for a
mobile command post and it will hopefully be able to upgrade the vehicle in next few years. In response
to Chair Jerke, Mr. Fliethman stated it is an older vehicle; however, the brakes, engine, and transmission
have all been examined and determined to be in suitable condition. Commissioner Masden moved to
accept said donation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - ALFRED AND CAROLINE LOPEZ, DBA EL VAQUERO: Bruce Barker,
County Attorney, stated there is a memorandum from the Department of Public Health and Environment
regarding the establishment's food service license. Glen Cowan, Sheriffs Office, stated he inspected the
property and did not see a retail food license and the applicants have not followed up with him. In
response to Chair Jerke, Mr. Cowan stated there have been no calls for service within the past 12 months,
and he has no other concerns regarding the establishment. Mr. Barker stated according to the
memorandum from Dan Joseph, Department of Public Health and Environment,two inspections have been
conducted which identified 20 critical violations and seven non-critical violations, and a penalty has been
assessed. Responding to Commissioner Rademacher, Mr. Barker stated the liquor license is separate
from the food service license; however, the liquor license is dependent upon adequate compliance with
health regulations. Mr. Barker stated the establishment may have corrected the violations and may be in
compliance again; however, there has been ongoing violations at the establishment. Further responding
to Commissioner Rademacher, Mr. Barker stated the Department of Public Health and Environment will
be conducting follow-up inspections at the establishment and staff may take action regarding the health
code violations whenever deemed necessary. There were no representatives of El Vaquero or the
Department of Public Health and Environment present. Commissioner Rademacher moved to continue
said renewal application to January 12, 2009, and authorize the Chair to sign. Responding to Chair Jerke,
Mr. Barker stated the license expired December 20, 2008; however, State regulations indicate the
establishment may continue to operate as long as the application has been submitted prior to the expiration
date, and this application was submitted in time. Mr. Barker stated the applicant can operate for 90 days
until the renewal is processed, and he will send a letter to notify the applicants they may continue to
operate under the expired license for the specified amount of time. Commissioner Masden seconded the
motion, which carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - RJML, LLC, DBA LA MARAVILLA: Mr. Barker stated the liquor license
renewal was approved in September and there have been no recent problems with the establishment.
There were no representatives of La Maravilla present and there was no public testimony. In response
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Page 2 BC0016
to Commissioner Masden, Mr. Barker stated the current dance license will expire December 31, 2008, at
midnight. Commissioner Rademacher moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-AZIZ ZANDI: Christopher Woodruff,
Assessor, stated the petition is for Tax Year 2007. Mr. Woodruff stated the property is a small car wash
and the owner protested its value in 2008, at which time the Assessor's Office deemed it appropriate to
lower the value of the property from $280,000.00 to $200,000.00. He stated the adjustment was made
because it is an older facility and it tends to freeze in the winter. He stated the taxpayer is permitted to
request the abatement for 2007 as well, which will result in a refund in the amount of $1,753.04. In
response to Commissioner Rademacher, Mr. Woodruff stated the refund will be for 2007 only, and not for
2008, because the 2008 adjustment will be reflected in the tax bill in 2009. Commissioner Masden moved
to approve said abatement, based on staff's recommendation. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RONALD AND KATHLEEN
PICCONE: Mr. Woodruff stated the property owner protested the value of the property for 2008, and the
value has been adjusted from $166,080.00 to $110,720.00. He stated the property owner is requesting
the value be adjusted for Tax Year 2007 also, which will result in a refund in the amount of$1,364.47. In
response to Chair Jerke, Mr. Woodruff stated in the original valuation certain characteristics of the home
were incorrectly identified, and the current market was a factor considered when determining the
adjustment. Responding to Chair Jerke, Mr. Woodruff stated this is a residential property located in the
Town of Erie. Commissioner Masden moved to approve said abatement, based on staff's
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-BROCKWAY GLASS CONTAINER,
INC.: Mr. Woodruff stated the property is located in the Town of Windsor. He stated the Board heard this
matter as the Board of Equalization, in July, 2008, at which time the Board decided to adjust the valuation
by one percent, from $37,039,805.00 to $36,661,280.00. He stated the petitioner is requesting the
adjustment be applied for Tax Year 2007 also, which will result in a refund in the amount of$8,689.74. In
response to Chair Jerke, Mr. Woodruff stated the property owners did not appeal to the State and they
were satisfied with the Board's decision on the matter. Commissioner Rademacher moved to approve said
abatement, based on staffs recommendation. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER LEASE FOR PROPERTY LOCATED AT 91010TH STREET,GREELEY,COLORADO 80631,
AND AUTHORIZE CHAIR TO SIGN-P. S. ENTERPRISES, LTD, DBA P. S. TROPHIES AND AWARDS:
Mr. Barker stated the lease is for a period of five years, in the amount of $1,400.00 per month, and the
lessee may terminate the lease after providing 90 days of notice. In response to Chair Jerke, Mr. Barker
stated the rent will remain the same amount throughout the entire lease period and the tenant will pay the
property taxes, insurance, and utilities for the building. Chair Jerke stated he expected the lease to be
drafted for a three-year period, rather than five years. Monica Mika, Director of Administrative Services,
stated Don Warden, Director of the Department of Finance and Administration, was the main person who
was involved with negotiating the terms of the lease and he agreed to draft the lease for a five-year period
of time. Ms. Mika stated staff considered the condition of the building as a factor in determining the length
of the lease agreement, and it was determined the County will not have to make any substantial
investments for repairs or improvements to the building in the next five years. She stated there was
discussion of the tenant purchasing the building; however, he chose not to. Chair Jerke stated the building
will not be utilized by the County in the next five years and the County will likely have to purchase additional
real estate in the area before being able to build a facility adequate in size; therefore, he does not have
a problem with a five year lease for the building. Commissioner Rademacher stated he does not have a
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Page 3 BC0016
problem with the lease period; however, he would like to see a termination clause in the agreement, in
case the building is needed by the County in the next five years. Commissioner Masden concurred with
Commissioner Rademacher,and suggested a provision to require the County must provide the tenant with
six months notice if the County wishes to terminate the lease agreement. Chair Jerke concurred with
Commissioners Rademacher and Masden and stated a lot of things can change in five years.
Commissioner Masden stated he prefers to continue the matter to be able to add a clause. In response
to Chair Jerke, Mr. Barker stated it is a reasonable request; however, Stephanie Arries, Assistant County
Attorney, specifically investigated this matter and was told the County will not need the building in the next
five years. Mr. Barker stated Mr. Warden negotiated this matter with the land owner. Commissioner
Rademacher stated he supports Commissioner Masden's suggestion of six months notice. Mr. Barker
stated he will make the adjustment to the lease agreement and provide it to the tenant. Commissioner
Rademacher moved to continue said lease to December 31, 2008. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER INCLUSION OF PROPERTY LOCATED WITHIN WELD COUNTY INTO ANHEUSER BUSCH
PARK AND RECREATION DISTRICT: Mr. Barker stated the Anheuser Busch Park and Recreation District
was approved by the City of Fort Collins, and the District is requesting to include some property which is
located in Weld County. He explained State statute indicates the Board of County Commissioners may
review the Service Plan to determine if inclusion of the property is considered to be a material modification
of the Service Plan approved by the City of Fort Collins. Diane Miller, Attorney representing the Anheuser
Busch Park and Recreation District, stated upon creating the District it was intended that some habitat
property be created. Ms. Miller stated the District approved by the City of Fort Collins in September, 2008,
and through an election and a court process, the Order and Decree was issued in November, 2008. She
stated there is a wildlife habitat area located northwest of the Anheuser Busch Brewery and there are
active ball park facilities located north of the brewery. She stated initially the base ball fields were
developed for use by Anheuser Busch employees only; however, numerous requests were made by the
City of Fort Collins to provide the public with access to the facilities, and the decision was made to permit
public use. Ms. Miller stated Anheuser Busch did not wish to privately own the facilities if they were to be
for public use; therefore, the Anheuser Busch Park and Recreation District was created. She stated
Anheuser Busch was also able to include the wildlife habitats it has developed in Larimer County and
hopes to be able to include the wildlife habitat it has developed in Weld County. She stated the District
is prohibited from issuing debt and from issuing bonds for any purpose. Ms. Miller stated the City of Fort
Collins approved a maximum of 10 mills to be imposed only on property without the boundaries of the
District, and the Service Plan anticipated five mills may be used for operations; however, the Board of
Directors did not impose a mill levy for 2009. She stated the District plans to rely primarily on the fees
received for the use of the ball field facilities for maintenance costs. She stated the District is in the
process of establishing the fee structure, and it will likely mirror the fees charged by the City of Fort Collins
for the use of its recreational facilities. Ms. Miller stated the area that is in Weld County is a part of an
experimental farm owned by Anheuser Busch, which includes 734 acres of irrigated land and 5,466 acres
of native grassland. She stated 320 acres of the farm is dedicated to wildlife habitat preservation and
restoration, and it is only this portion of the farm which will be included in the District. She stated the
wildlife habitat is primarily occupied by birds; however, there are small and large animals and a butterfly
garden was installed. Ms. Miller stated biologists from Colorado State University(CSU)and other locations
use the wildlife habitat for observing and recording nesting habits and wildlife migrations. She stated goals
for the wildlife habitat include providing a balanced habitat for large and small animals, providing bird
nesting habitat and nest monitoring programs, providing supplementary habitat for geese and ducks, and
providing educational programs. She further stated middle and high school students have helped by
building structures for the biologists to observe the wildlife from without being seen, and they have helped
remove non-native plants from the area and planted native plants and trees. Ms. Miller stated the inclusion
site is entirely within Weld County.
Minutes, December 29, 2008 2008-3416
Page 4 BC0016
In response to Chair Jerke, Ms. Miller reiterated the wildlife habitat is only 320 acres of the farm. Ms. Miller
stated the inclusion of the wildlife habitat will not require any changes to the existing Service Plan. She
stated Anheuser Busch has been instrumental in providing wildlife habitat areas throughout the United
States. She stated the wildlife habitat area being considered for inclusion has been certified by the Wildlife
Habitat Council as a conservation site, and Anheuser Bush began monitoring wildlife at the site in 1987,
and actively working to improve the area as a wildlife habitat in 1997. Ms. Miller stated the Board is being
asked to determine if there is a sufficient need for the District, and inclusion will allow the District to
administer both of the wildlife areas. She stated there are no other Districts which are able to provide
these services in this area at this time. She stated the areas will be open to the public; however, since
these are sensitive areas, they will not be open to the public on a daily basis. She stated the areas may
be visited by making an appointment and a person may need to be accompanied by a biologist. She
stated the habitat will be operated for public benefit and it will be consistent with the Weld County
Comprehensive Plan. In response to Commissioner Masden, Ms. Miller stated the CSU Extension Office
has been involved with the experimental farm and she is unsure if there will be opportunities for windmills
and solar panels to be placed on any of property. She stated the experimental farm was set up initially to
experiment with crops; however,Commissioner Masden's suggestions do not fall outside of the appropriate
uses for the farm.
Paul Czarnecki, Senior Resident Engineer for Anheuser Busch, stated he is responsible for the operation
of the experimental farm. Mr. Czarnecki stated a wind study has recently been conducted on the farm and,
based on the data collected, the farm will not be a viable wind generation site; however, the economic
viability of using the site for solar energy generation is being considered. In response to Commissioner
Rademacher, Ms. Miller stated the District is already in place and it consists strictly of Anheuser Busch
property. Further responding to Commissioner Rademacher, Ms. Miller reiterated the Board of Directors
for the District chose not to impose a mill levy for 2009, and the District will rely solely upon fees. She
stated this is the first year, and after being able to calculate the fees generated, the District will determine
if a mill levy is necessary. In response to Commissioner Rademacher, Ms. Miller stated if the property is
sold, the District will not dissolve with the sale. Ms. Miller stated the City of Fort Collins has a policy which
requires the District to exist for 40 years before dissolution may occur, and at that time the City Council
for the City of Fort Collins will make a determination if the District will continue. Responding to
Commissioner Rademacher, Ms. Miller stated the habitat area is in Weld County and is not annexed by
the City of Fort Collins. Ms. Miller stated the reason the matter is being presented to the Board today is
so Weld County may add provisions to the Service Plan that the City of Fort Collins has approved, if the
Board deems it necessary to do so. In response to Chair Jerke, Ms. Miller stated the governance for the
District is the Board of Directors who are appointed by the Court. Ms. Miller stated there are five members
on the Board of Directors and all of the members are employees of Anheuser Busch. She stated upon
creation, the intent was for the District to own and manage the properties contained within the District;
however, the City of Fort Collins was not in favor of this due to potential loss of tax revenue; therefore, the
City of Fort Collins determined Anheuser Busch will continue to own the property, subject to a public
easement for the uses approved in the Service Plan. She further stated as long as Anheuser Busch owns
the District, the Board of Directors will be selected from its employees; however, if, at some point, the City
of Fort Collins determines the District owns the property, a different group of electors will be eligible to be
placed on the Board of Directors.
Chair Jerke stated he is hesitant to make a decision on this matter because the City of Fort Collins has a
different political agenda than Weld County and only 320 acres of the District are located in Weld County.
In response to Commissioner Rademacher, Ms. Miller reiterated the District will remain in place for 40
years. In response to Chair Jerke, Mr. Czarnecki stated he is a member of the Board of Directors for the
District. Further responding to Chair Jerke, Mr. Czarnecki reiterated all the members of the Board of
Directors are Anheuser Busch employees and all of the property is owned by Anheuser Busch. In
response to Chair Jerke, Ms. Miller stated the City of Fort Collins does not direct the District; it has its own
Minutes, December 29, 2008 2008-3416
Page 5 BC0016
government structure powers under the Service Plan; however, it is an approving entity like Weld County.
Ms. Miller stated the Statute is vague regarding a time frame; however, the inclusion hearing has been
scheduled. In response to Chair Jerke, Ms. Miller stated the Statute does not specify if approval of the
Service Plan is required prior to the inclusion of a property. Ms. Miller stated the County has gone through
this process previously with the Town of Lochbuie, in which Districts were originally in Adams County and
some of the property ended up being within Weld County. She stated the Board should not be concerned
because it has the same rights as the City of Fort Collins according to State Statute. Mr. Barker stated
if the District wishes to add any additional Weld County property in the future, it will follow the same
process as today. He further stated the sale or transfer of any property within the District will need to be
considered by the Board of Weld County Commissioners as a material modification to the Service Plan;
therefore the Board will be involved with some of the checks and balances for the District. In response to
Commissioner Masden, Mr. Barker stated the District will have to present any amendments to the Board;
therefore, additional language is not required to ensure the Board's consideration. Responding to
Commissioner Masden, Ms. Miller stated the Service Plan currently requires the District to file an annual
report with the City of Fort Collins, which will document what was done throughout the year and what is
anticipated for the following year, and the Board may require in the Resolution that a copy of the report be
provided to the Board each year. In response to Chair Jerke, Mr. Barker stated there have not been
referrals made to surrounding property owners or jurisdictions. Chair Jerke stated the farm is agriculturally
zoned land in Weld County; however, upon passing this Resolution, there will be a separate governance
and he is unsure of the level of land use authority Weld County will have after the inclusion is approved.
Ms. Miller stated no Special Districts are granted any land use approval powers, and because the area is
wildlife certified land and a conservation site, it cannot be built upon. She stated if the land becomes
anything other than a wildlife habitat, the District will no longer be empowered to perform any uses on the
land. She reiterated the District is not a land use approval authority, and all the District will do with this land
is maintain the wildlife habitat. Ms. Miller clarified the District will not be building roads, houses, or anything
else of that nature, as a typical District may be able to do. Mr. Barker stated if development were to occur
on an adjacent property, the District will be included in the County's referral process and given the
opportunity to submit comments. Commissioner Rademacher inquired what the process will be if an
endangered species is discovered on the farm and the species is in conflict with irrigation ditches.
Ms. Miller reiterated Anheuser Busch has been on the property since 1987, and the wildlife habitat has
been in place since 1997. She further stated Anheuser Busch files an annual report with the Wildlife
Habitat Council and there have never been any mention of any endangered species. Commissioner
Rademacher stated he is willing to participate in a work session to alleviate his concerns regarding
approval of the Service Plan. Commissioner Masden inquired how water, gas, and electric lines will be
handled. Mr. Czarnecki stated he deals with these matters and there are sufficient utility lines presently
on the property. In response to Commissioner Masden, Ms. Milller stated the District does not have any
power of condemnation; therefore, it will work with existing utilities, as needed. In response to Chair Jerke,
Ms. Miller reiterated there are two objectives for the District, which are to facilitate public use of the ball
fields and including the wildlife habitat. Ms. Miller stated the District was initially created to address liability
and scheduling issues for the ball parks and then the decision to include the wildlife habitats in the District
was made. She stated including the wildlife habitats in the District will give Anheuser Busch a way to utilize
the revenue generated from the ball fields in a way which gives back to the community. She further stated
because the District is a governmental agency, it cannot give money to private organizations; therefore,
the wildlife habitats must be part of the District for it to be able to finance it. Chair Jerke stated it is
inappropriate for the Board to make a decision regarding this matter today because there are only three
commissioners in attendance, and two of those three commissioners are leaving office in a few days.
Commissioner Rademacher suggested scheduling a work session for after the first of January, when the
new Board is in place. Chair Jerke stated the work session will be a free exchange with representatives
of all of the involved parties in attendance. In response to Ms. Miller, Mr. Barker stated provisions may be
added to the Service Plan at the work session. Mr. Barker suggested continuing the matter to
January 26, 2009, in order to allow enough time for a work session to be held before the matter is heard
Minutes, December 29, 2008 2008-3416
Page 6 BC0016
again. Commissioner Rademacher moved to continue said inclusion of property into Anheuser Busch
Park and Recreation District to January 26,2009. Seconded by Commissioner Masden,the motion carried
unanimously. (Clerk's note: Upon adjourning the meeting, Ms. Miller submitted a copy of her Powerpoint
presentation on disc, marked Exhibit A.)
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 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
idi ,40 %` WELD COUNTY, COLORADO
ATTEST: „,s i ' to �►,i i H. Jerice, Chair
Weld County Clerk to the Board %� ,�
r , �` ��, lL / 111✓✓✓'
���,1 1 i obert D. Masden, Pro-Tem
Ua‘iDep Clerk khe Board EXCUSED
William F. Garcia
EXCUSED
David E. Long
Douglas R demacher
Minutes, December 29, 2008 2008-3416
Page 7 BC0016
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