The URL can be used to link to this page

Browse Search

Home My WebLink About20070515.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 26, 2007 TAPE #2007-05 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 26, 2007, 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 David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of February 21,2007,as printed. CommissionerJerke seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings conducted on February 21, 2007, as follows: 1) USR#1565-TARH E and P Holdings, L.P., c/o William Crews, CPL; and 2) USR #1566 - RF Holdings, LLC, c/o Renewable Fiber. Commissioner Masden 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 Masden moved to approve the consent agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2007-0515 BC0016 -03-OS-07 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds for February 26, 2007 $499,781.55 Electronic Transfers -All Funds for February 26, 2007 $3,252,606.18 All Funds Corrected for February 21, 2007 $1,488,684.33 Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Rademacher seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER VALE GRANT APPLICATION FOR LONG TERM CARE OMBUDSMAN ADVOCATE/FRIENDLY VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated the Long Term Care Ombudsman Advocate/Friendly Visitor Program is designed to address elder abuse issues in Weld County, and the Program has been successful in previous years. Commissioner Rademacher moved to approve said grant application. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-BANCLEASING, INC.,C/O DENISE DONALDSON: Christopher Woodruff,Assessor,explained for the benefit of the new Commissioners that petitions for abatement or refund of taxes are an appeal option for property owners after levying has occurred, and State Statute allows the property owners to request changes for the time frame up to two years prior to the date the taxes were levied. He stated petitions for abatement or refund of taxes are heard by the Board when a dispute exists between the Assessor's Office and the property owners, and in cases where the amount of a potential tax refund is greater than $1,000.00. He stated in this instance the property was double assessed. He explained the property is being leased by C and T Custom Fabrication, and both the owner and the leasee were being taxed on the property. He stated C and T Customer Fabrication is responsible for the taxes,and staff requests the taxes due from Bancleasing, Inc., be abated to zero, and a refund of$2,340.70 be granted. Commissioner Masden moved to approve said refund, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JOHN AND CHERYLL HAMLIN: Mr. Woodruff stated the property is connected with a farm, and staff was unaware the property was used for agricultural purposes. He stated the refund will be in the amount of$1,149.51. Commissioner Garcia moved to approve said refund, based on staff's recommendation. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-MARK AND MICHELLE MADSEN: Mr. Woodruff stated the property owners received an adjustment for 2006, and protested the assessed value of their property fir 2005. He stated the refund of taxes for this petition will be $1,906.16. Commissioner Masden moved to approve said refund, based on staff's recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-THOMAS AND TERESA STRIZKI: Mr. Woodruff stated this case is the same as the last one, the property owners received an adjustment for 2006, and protested the assessed value for 2005. He stated the refund of taxes for this petition will be $1,442.50. Commissioner Jerke moved to approve said refund, based on staff's recommendation. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, February 26, 2007 2007-0515 Page 2 BC0016 CONSIDER RENEWAL OF 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN- LILLIAN GOOCH, DBA CROW VALLEY CAFE: Bruce Barker,County Attorney, stated the Sheriffs Office has no concerns regarding this renewal. Commissioner Garcia moved to approve said renewal and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - RJML, LLC, DBA LA MARAVILLA: Mr. Barker stated the Sheriff's Office has no concerns regarding this renewal. He explained there were stipulated conditions in 2005 and 2006, and the establishment has satisfied the stipulations. He stated the report from the Department of Public Health stated the water treatment system is in compliance, and a food service license has been obtained. Mr. Barker recommended the same stipulated conditions remain in place for 2007. Commissioner Masden stated the report from the Sheriff's office states a stabbing occurred at the establishment, and he would like a representative of the Sheriff's Office to address this renewal request. He further stated in the past large numbers of people traveling to and from the establishment have caused part of Weld County Road 16 to be closed and for traffic to be directed to other travel routes. Commissioner Jerke stated a work session is scheduled for the Board to discuss roadside stops with the Sheriff's Office and the District Attorney's Office, and he would be interested in continuing the matter until the work session has taken place to see if this establishment is over-serving more individuals than other establishments. Mr. Barker stated the Sheriffs Office can obtain the information he is requesting; however, it may be time consuming. Commissioner Jerke moved to continue said matter to March 7,2007. There was no public input. Steve Reams, Sheriff's Office, stated he will have staff prepare the requested information for the Board's work session on March 5,2007. In response to Commissioner Masden, Mr. Reams stated he will have Sheriff's Office staff attend future Board meetings at which liquor license renewals are being considered. Commissioner Masden seconded the motion. In response to Commissioner Garcia, Mr. Barker stated continuing the matter will not be a problem in regards to the renewal being processed before the license expiration date. There being no further discussion, the motion carried unanimously. PLANNING: CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#841 - JZM, LLC, C/O JOHN ZADEL: Chris Gathman, Department of Planning Services, stated John Zadel, president of JZM, LLC, has requested Use by Special Review Permit #841 for a hot air balloon launch facility be vacated, as a Condition of Approval for the final plat application for Distant Thunder Planned Unit Development (PUD) PF #600. There were no representatives of JZM, LLC, present. Commissioner Masden moved to approve said vacation of Use by Special Review Permit #841. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER VACATION OF CHANGE OF ZONE #556 AND PLANNED UNIT DEVELOPMENT FINAL PLAN#556-CHARLES BUTZINE AND GARYSCHNEIDER: Kim Ogle, Department of Planning Services, stated the owners are requesting the Prairie Echoes Estates Planned Unit Development(PUD)be vacated per Weld County Code Sections 27-8-50, 27-8-60, and 28-7-70. He stated the final plat has not been recorded due to financing issues and the owners request vacation of Change of Zone#556 and PUD Final Plan#556, and to have the land reverted back to (A)Agricultural Zoning. In response to Commissioner Jerke, Mr. Ogle stated the property is located on Weld County Roads 47 and 54. Chuck Butzine, owner, explained he and Gary Schneider own the parcel and intend to reduce its density by dividing the lot into two separate lots, and a farmhouse can be built on each lot. He stated the land is not able to be farmed due to the amount of alkaline in the soil. Commissioner Jerke moved to approve said vacation of Use by Special Review Permit. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, February 26, 2007 2007-0515 Page 3 BC0016 CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#1180-MICHAEL AND SHEILA DAVIS: Mr. Gathman stated Michael and Sheila Davis have requested Use by Special Review Permit#1180 for a single family dwelling and an accessory structure be vacated, as a Condition of Approval for Recorded Exemption#4219. In response to CommissionerJerke, Mr.Gathman stated the house and the outbuilding will be on a separate legal lot when it is platted through the Recorded Exemption; therefore, there will no longer be a need for Use by Special Review Permit#1180. There was no representative of the applicant present. Commissioner Rademacher moved to approve said vacation of Use by Special Review Permit. Seconded by Commissioner Garcia, 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 9:36 a.m. BOARD OF COUNTY COMMISSIONERS WEL¢COUNTY, COLORADO ATTEST: Cwt David E. Long, Chair Weld County Clerk tolth� ah N? `_ William H. Jer ro-Tem BY: oa Deput 'Clerk to the Bo r' C W' m F. Garcia Robert D. Masden C • � f a -� eels a�rl�✓ Dougla ade cher Minutes, February 26, 2007 2007-0515 Page 4 BC0016 Hello