HomeMy WebLinkAbout20061114.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 17, 2006
TAPE #2006-16
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, April 17, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of April 12, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on April 11, 2006, as follows: 1)Violation Hearings;and Hearing Conducted on April 12, 2006,
as follows: 1) USR#1539- Keith and Shirley Ashbaugh, c/o Weld County Department of Public Works.
Commissioner Jerke 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 Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $456,928.15
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS-BUFFALO SPIRIT CAFE(CONTINUED FROM
04/10/06): Trevor Jiricek, Department of Public Health and Environment stated staff could not resolve this
matter;however,the respondent could not be in attendance today. He stated the owner of the Buffalo Spirit
Cafe requested this be continued to April 24, 2006, at 9:00 a.m. Commissioner Long moved to approve
said authorization. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS-D AND H FARMS: Mr. Jiricek stated this item
has been resolved,and he recommended dismissal. Commissioner Vaad moved to dismiss the violation.
Seconded by Commissioner Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 21 BETWEEN WCR 28 AND STATE HIGHWAY 66:
Bruce Barker, County Attorney, stated Weld County Road 21, between Weld County Road 28 and State
Highway 66,was closed on April 10, 2006, for culvert replacement. He stated the portion of the road was
reopened on April 12, 2006. Commissioner Jerke moved to approve said closure. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER RELEASE OF WEED CONTROL ENFORCEMENT LIEN - VERA GLENDENNING: Jeff
Jerome, Department of Public Works, stated a weed enforcement lien was placed on the property of Vera
Glendenning for non-payment of fees associated with weed enforcement work. Mr. Jerome stated the
amount of the lien was paid on March 10,2006;therefore,he recommended that the Board release the lien.
CommissionerJerke moved to approve the release of said lien. Seconded by Commissioner Masden,the
motion carried unanimously.
CONSIDER RELEASE OF WEED CONTROL ENFORCEMENT LIEN - CONNIE WHITFIELD AND/OR
VALLEY BANK AND TRUST: Mr. Jerome stated a weed enforcement lien was placed on the property of
Connie Whitfield for non-payment of weed enforcement work. He stated the amount of the lien was paid
on March 23, 2006; therefore, he recommended that the Board release the lien. Commissioner Vaad
moved to approve the release of said lien. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-WINDSOR SHORES, INC.: Mike
Sampson, Assessor's Office, presented staffs recommendation for denial of the petition. He stated this
abatement is for the reservoir north of Windsor and it is a possessory interest issue. He state staff has
followed State statute in assessing the property, since the property has been leased to Windsor Shores,
Inc., beginning in the early 1990's,with CPI increases since the mid-90's. Mr.Sampson stated the last time
he had correspondence from the owner,the lease was approximately$45,000;however,the petitioner does
not agree that this interest should be taxed. Mr. Sampson stated he has briefly spoken to Boulder and
Larimer Counties, which operate similar to Weld County; when all the information is in place, the
assessment is made. Larry Eckel,Windsor Shores, Inc.,stated he is a stockholder and officer in Windsor
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Shores, Inc., and he feels this is a very selective assessment. He has talked to all the water districts and
ditch and reservoir companies being used for recreation; and found that Boulder, Larimer, and Adams
Counties are not making an assessment. He stated this is the first time Windsor Shores, Inc., has been
assessed, each previous time he was personally assessed, although he is only one of 13 shareholders.
Responding to Commissioner Jerke, Mr.Sampson stated this is based on a recreational lease,therefore,
it is assessed on the income received. Mr. Sampson further explained if a tax-exempt entity owns the
property which is leased for recreation,it is assessable. Responding to Commissioner Vaad,Mr.Sampson
stated he is unaware of the history with the State Board of Appeals,although,there have been continuous
discussions in the Denver area because of its many facilities. Mr. Barker stated he did see Court of
Appeals cases being reported. Responding further to Commissioner Vaad, Mr.Sampson stated he does
not feel there will be a huge impact on the overall audit by this one petition; although Mr. Eckel was not
singled out to be assessed. Responding to Commissioner Vaad, Mr. Barker stated if the Board approves
the abatement,the property will be assessed. He stated if the Board wishes the State Board to look at the
issue,it would be better to deny this petition,which the Board of Assessment Appeals would then act upon.
Commissioner Jerke moved to approve said petition for 2003,2004,and 2005,stating he does not agree
with possessory taxation, and is uncertain where it would stop if the County started assessing it, for
example whether hunting leases or river rafting would be included. The motion was seconded by
Commissioner Masden,who stated he agrees with Commissioner Jerke. Responding to Commissioner
Masden, Mr.Sampson stated the biggest interest in possessory interest in Weld County is State land which
is leased for grazing rights. Commissioner Vaad stated he understands what his colleagues are saying;
however, he cannot ignore the current law in the State of Colorado, which states the assessment should
be made. ChairGeile indicated his agreement,stating this matter needs to go to the State Board for review.
On a call for the vote,the motion failed two to three,with Commissioners Vaad, Long,and Geile against the
motion, therefore, the abatement is deemed denied.
CONSIDER IMPROVEMENT PLAN OF LEE D. MORRISON: Bruce Barker, County Attorney, read the
resolution into the record. ChairGeile stated this is one way to show Mr.Morrison the concern of the Board
for his welfare, and to let him know the Board is thinking about him. Commissioner Vaad stated he has
been visiting Mr. Morrison and has seen improvement, although much more improvement is necessary.
Commissioners Jerke and Masden agreed, and Commissioner Jerke moved to approve the Resolution.
Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER RECORDED EXEMPTION#4350-RONALD AND BARBARA WARNER(CONTINUED FROM
04/03/06): Michelle Martin, Department of Planning Services, stated the application is for a Recorded
Exemption to divide the property in question into two lots. She reviewed the location of the property,which
is outside the IGA boundary of the City of Dacono. She stated surrounding use is mainly agricultural,with
a few homes nearby in the City of Dacono. Ms. Martin stated the property currently contains one home
under construction; however,staff recommends denial,based on Section 24-8-40.L, requiring a minimum
lot size of one acre, since this will be served by the Central Water District. She stated both lots would be
approximately.97 net acres after subtracting the rights-of-way. Ms.Martin also stated Section 24-8-40.G,
concerning requirements of affected municipalities, creates a concern because the City of Dacono, in a
letter dated June 3,2006, requested a shared access between the two lots, as well as the requirement for
an additional 30 feet of right-of-way be dedicated for each property,further reducing the net lot size. Don
Carroll, Department of Public Works, stated access is from Weld County Road 8,which has been annexed
by Dacono at this location. Mr.Carroll stated his field investigation indicated the only way to establish a safe
site distance for access to both lots,would be a shared access at the top of the grade between the two lots.
Alex Duran,Attorney representing the applicant,stated these lots are over an acre in size,and suitable for
every other requirement; however, they do fall below the minimum lot size when rights-of-way are
subtracted. He stated the applicant does not have a concern with sharing an access. Responding to
Commissioner Vaad regarding the net acreage,Ms.Martin stated the net acreage of each lot is.97 without
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the City of Dacono's requested right-of-way dedication. Mr. Duran stated this property is not within
Dacono's planning area,and there is farming occurring all around with only a few houses nearby. He stated
the City is a long way from needing to do anything with that road. Joe Gerdum, Planning Coordinator,City
of Dacono,stated this location is in Dacono's planning jurisdiction, more specifically,it is part of the recently
revised Comprehensive Plan as an area of particular concern, since there are a number of developments
along Weld County Road 8 moving towards this property. Mr.Gerdum stated good planning suggests the
additional rights-of-way be reserved and a shared access be required,therefore, he supports the denial as
presented by staff. Responding to Commissioner Jerke, Mr. Gerdum stated, according to a recent
Transportation Plan completed by Felsburg, Holt, and Ullevig,Weld County Road 8 will be a major road,
and as an arterial, it will ultimately need 120 feet of right-of-way. Steve loho, employee of the applicant,
stated he currently resides on Weld County Road 18,and the applicants are friends who are trying to help
him purchase a house by subdividing this property. He stated there is enough property for an Individual
Sewage Disposal System,and a nearby property is also dividing. Responding to Commissioner Vaad,Mr.
loho stated he is constructing the home with Mr. Warner, and will live in it. He further stated the house is
several hundred feet back from the right-of-way. Mr. loho said he has no problem with the location,only with
the minimum lot size. Bryan Horgen, Department of Planning Services, stated the Building Permit
application specified a distance of 144 feet from the north property line. Commissioner Long stated the size
of the lots is very similar to his own property, and he has plenty of room for a second septic system, if
needed. He stated that with the house being setback this distance from the rights-of-way,or future rights-
of-way,he is in support of the application. Commissioner Vaad agreed, stating the property is outside the
IGAwith Dacono,therefore, the dedication of the additional 30 feet does not apply. He further stated that
he appreciates good planning and, as specified,Weld County Road 8 will be a major arterial; however, at
a maximum he would only require a reservation for additional rights-of-way, not a dedication.
Commissioner Vaad moved to approve Recorded Exemption#4350,with a Condition of Approval reserving
30 feet of additional rights-of-way on each lot. Seconded by Commissioner Long, the motion carried
unanimously.
PLANNING:
CONSIDER APPEAL OF STORMWATER DRAINAGE FEE - ROBERT REICHERT: Wendi Inloes,
Department of Planning Services,requested a continuance of 30 days,to May 17,2006,since this item is
scheduled for an upcoming work session. Commissioner Long moved to continue said appeal to May 17,
2006, at 9:00 a.m. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER APPEAL OF STORMWATER DRAINAGE FEE- DMB PROPERTIES,LLC: Commissioner
Vaad moved to continue said appeal to May 17, 2006,at 9:00 a.m. Seconded by Commissioner Masden,
the motion carried unanimously.
FINAL READING OF ORDINANCE#2006-2,IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 22 (COMPREHENSIVE PLAN),
CHAPTER 23 (ZONING), CHAPTER 24 (SUBDIVISIONS), CHAPTER 27 (PLANNED UNIT
DEVELOPMENT),AND CHAPTER 29 (BUILDING REGULATIONS),OF THE WELD COUNTY CODE:
Commissioner Vaad moved to read by title only. Seconded by Commissioner Masden,the motion carried
unanimously. Chair Geile read said title into the record. Mr. Barker stated all the changes have been
incorporated that were approved on Second Reading, although several issues remain unresolved. He
stated Home Occupations have been discussed, and he recommends that be included in the next
Ordinance,as well as political signs and illumination of signs. Mr. Barker stated the change regarding ten
percent open space in urban areas was consistently removed throughout. Responding to Commissioner
Jerke,Mr. Barker stated the language regarding fees in Section 5-7-40 was approved in August of last year;
with the only change being that part placed in parenthesis. Mr. Barker stated that approval on this Final
Reading does not preclude a future change. Mr. Warden stated a work session is scheduled for this
afternoon to discuss the issue. Commissioner Jerke said he would support either a continuance or
changing the $300 fee to $100 in the meantime; therefore, he moved to continue the Final Reading to
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Page 4 BC0016
May 3,2006,at 9:00 a.m. Seconded by Commissioner Masden,the motion carried unanimously. No public
testimony was given on this matter.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. On Final Reading, Ordinance #2006-2 was continued to May 3, 2006.
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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
���� WELD CO TY, COLORADO
ATTEST: a � ,� 1
M. J. 'le, Chair -n-oso)
Weld County Clerk to the Board
David E. Long, Pro-Tem
BY.
C6epnt lerk to the
i Willi H. Jerke
'^ f ' ` Robert D. Masden
Gle n Vaa
Minutes, April 17, 2006 2006-1114
Page 5 BC0016
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