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Home My WebLink About20062196.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 9, 2006 TAPE #2006-30 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, August 9, 2006, 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 M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad - EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Jenny Luna Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of August 7, 2006, as printed. Commissioner Jerke seconded the motion, and it carried unanimously. AMENDMENTSTO AGENDA:Chair Geile added New Item of Business#6: Consider Lease of Property for Highway Purposes (Weld County Road 35)and authorize Chair to sign-Union Pacific Railroad; New Item of Business #7: Consider Lease of Property for Highway Purposes (Weld County Road 37) and authorize Chair to sign - Union Pacific Railroad; New Item of Business #8: Consider Renewal Rider Agreement for Highway Purposes(Weld County Road 50.5 at Mile Post 145.2)and authorize Chair to sign- Union Pacific Railroad; and New Item of Business#9: Consider Renewal Rider Agreement for Highway Purposes (Mile Post 5.0 on the Fort Collins Branch and authorize Chair to sign - Union Pacific Railroad. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2006-2196 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $332,566.99 Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: Mr. Warden stated there were no bids to present. NEW BUSINESS: CONSIDER PURCHASE OF SERVICE AGREEMENT FOR RETIRED AND SENIOR VOLUNTEER PROGRAM AND AUTHORIZE CHAIR TO SIGN-UNIVERSITY OF NORTHERN COLORADO: Mr.Warden stated the Retired and Senior Volunteer Program will provide assurance through telephone calls to lonely and isolated seniors within the County. He stated the program has been in effect for the past three years, and the reimbursement amount is$500.00. In response to Commissioner Jerke, Mr.Warden stated the reimbursement funds are provided through the Area Agency on Aging budget. CommissionerJerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,the motion carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCEOF WCR 20 RIGHT-OF-WAY- JOHN AND JANETTE ARENDS: Don Carroll, Department of Public Works, stated the agreement is required through four-lot Recorded Exemption #4382, and the site is located adjacent to Weld County Roads 41 and 20. He stated a 30-foot easement will be provided for access to Lots A and B, and no objections have been received from surrounding property owners. In response to Commissioner Masden,Mr.Carroll stated 30 feet of right-of-way is available along Weld County Road 20, in both Sections 16 and 21, for a total of 60 feet right-of-way available for access to the property. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- DAVID HUBER: Mike Sampson, Assessor's Office, stated the petitioner requested a value equal to the purchase price of $800,00.00; however,the purchase was outside of the base period. He stated he met with the petitioner, at which time the value of$910,891.00 was agreed upon by the appraiser and petitioner, therefore, staff recommends approval in part. In response to Chair Geile, Mr. Sampson stated the petitioner purchased the property in a foreclosure situation and received an excellent deal on the purchase price. Commissioner Jerke moved to approve said petition in part, based upon staffs recommendation. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENTOR REFUND OF TAXES - DEAN ECKHOLDT, C/O TOBY LEONARD: Mr. Sampson stated the property is located within the Town of Fort Lupton and the original value was based upon the prevailing market cost; however, this property contains improvements only located on leased railroad right-of-way. He stated an overvaluation occurred, and the land has now been removed from the overall value estimation, and staff recommends approval. Commissioner Long moved to approve said petition, based upon staffs recommendation. Seconded by Commissioner Masden,the motion carried unanimously. CONSIDER PETITION FOR ABATEMENTOR REFUND OF TAXES-HONG SUN AND SUNG KULL KIM: Mr. Sampson stated the abatement is for tax years 2004 and 2005, and the property is partially used for long-term residential purposes. He stated the petitioner has supplied sales tax receipts proving a Minutes, August 9, 2006 2006-2196 Page 2 BC0016 percentage of the property contained tenants staying for more than 30 days. He further stated 58 percent of the property was utilized for residential purposes in 2004, and 45 percent of the property was utilized for residential purposes in 2005. Mr.Sampson stated the abatement will not change the value of the property; however, it will change the assessment level to 7.96 percent. In response to Chair Geile, Mr. Sampson stated the applicant concurs with the recommendation of staff. Commissioner Jerke moved to approve said petition, based upon staffs recommendation. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER LEASE OF PROPERTY FOR HIGHWAY PURPOSES(WELD COUNTY ROAD 35) AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC RAILROAD: At the request of Bruce Barker, County Attorney,Chair Geile called up the remaining items of business to be discussed concurrently. Mr. Barker stated the County has been in negotiations with Union Pacific Railroad Company regarding the leases,and the first lease is for property located on U. S. Highway 85, near Peckham. He stated the lease is in the amount of$500 per year. Mr. Barker stated the second lease is for property in the Town of LaSalle, in the amount of$2,636.00 per year. He stated the two leases will be renewed automatically every year,until the placement of a third track. He further stated the first renewal rider agreement is for the railroad line directly south of the Town of Kersey,and is for a term of 25 years,at a rate of$3,500.00 per year. Mr. Barker stated the second renewal rider agreement is for property near the Two Rivers Parkway,within the vicinity of State Highway 60. He stated the term of the agreement is for 35 years, for a total amount of$27,000.00. He stated the agreement may be assigned to, and assumed by,the Town of Evans or Town of Milliken, upon annexation of the roadway. Commissioner Masden moved to approve said lease and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER LEASE OF PROPERTY FOR HIGHWAY PURPOSES (WELD COUNTY ROAD 37) AND AUTHORIZE CHAI RTO SIGN-UNION PACIFIC RAILROAD: Commissioner Masden moved to approve said lease and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER RENEWAL RIDER AGREEMENT FOR HIGHWAY PURPOSES(WELD COUNTY ROAD 50.5 AT MILE POST 145.2)ANDAUTHORIZECHAIRTO SIGN-UNION PACIFIC RAILROAD: Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER RENEWAL RIDER AGREEMENT FOR HIGHWAY PURPOSES(MILE POST 5.0 ON THE FORT COLLINS BRANCH) AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC RAILROAD: Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. PLANNING: CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR FAITH ESTATES-GARY AND JUDY HARKLESS: Chris Gathman, Department of Planning Services, stated the applicants have requested a partial release of collateral for Final Plan,MF#1060. He stated the Board originally approved collateral in the amount of$231,805.00,and the applicants have decided to pave the interior road,therefore the total cost of improvements is$335,075.00. He stated fifteen percent of the overall amount will be held as a paving warranty,which is a total of$50,262.00. He further stated the applicant will provide replacement collateral, and recommended a partial release of collateral in the amount of$181,543.00. Commissioner Jerke moved to approve said partial cancellation and release of collateral. Seconded by Commissioner Masden, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. Minutes, August 9, 2006 2006-2196 Page 3 BC0016 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 9:25 a.m. dioss~•� BOARD OF COUNTY COMMISSIONERS WELD C NTY, COLORADO Imo. I /�� ATTEST: a i ` ta,,_--dit �x M. J eile, Chair Weld County Clerk to the Boars "e+','` ) (--.\ , David E. Long, Pro-Tem Depu Clerk to a BoardA 'w...1, ' . Willia Jerke Robert D. Mastien EXCUSED Glenn Vaad Minutes, August 9, 2006 2006-2196 Page 4 BC0016 Hello