HomeMy WebLinkAbout20061865.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 10, 2006
TAPE #2006-25
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, July 10, 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:
Assistant County Attorney, Cindy Giauque
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 5,2006,as printed. Commissioner Long seconded the motion,and it 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 Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,DEPARTMENTOF PUBLIC WORKS-ROY BUSH: Chair Geile read the
certificate into the record, recognizing Roy Bush for 30 years of service with the Public Works Department
and expressed the Board's gratitude for his outstanding dedication to the County and its citizens.
Frank Hempen Jr., Director of Public Works, stated 30 years is a great amount of service. He stated that
Mr. Bush started in maintenance supportjobs out of town until the Department reorganized,and for the past
several years he has worked in the northern part of the County with cattle guards and culvert maintenance.
He further stated Mr. Bush will be missed. Mr. Bush thanked the Board for their recognition and stated he
has enjoyed working for the County and he has met a lot of interesting people.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds
$636,613.51
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACT FOR FUNDING INCREASE AND APPROVAL LETTER FOR THE
REPLACEMENT OF WELD COUNTY BRIDGE 87/42.5 AND AUTHORIZE CHAIR TO SIGN-COLORADO
DEPARTMENT OF TRANSPORTATION: Mr. Hempen stated Weld County previously entered into an
agreement with the Colorado Department of Transportation (CDOT)to accept part of the federal funding
available for the replacement of Bridge 87/42.5, in the amount of$1,074,952.00. He stated the additional
funding necessary for the project was delayed until the CDOT entered the next fiscal year. He further stated
the contract provides for funds, in the amount of$825,631.00, and completes the grant for the project. Mr.
Hempen stated local match funding is available and has been set aside for the grant. In response to
Commissioner Jerke, Mr. Hempen stated the project is funded by significantly more federal funds than
County funds, 80 percent by federal funds and 20 percent by County funds. He further stated the County
strives to use federal funding on the County's more expensive projects, and the County currently has three
bridge projects that will require funds of over a million dollars. Further responding to Commissioner Jerke,
Mr. Hempen stated the existing bridge will be left intact while the new bridge is built since the detour routes
are impractical. Responding to Commissioner Vaad,Mr. Hempen stated the County funds are a cash match
and have been received years in advance. Commissioner Vaad moved to approve said contract.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - UNIVERSITY LABORATORY
SCHOOL BUILDING CORPORATION: Michael Sampson,Assessor's Office, stated this parcel of land is
adjacent to the University Laboratory School and has been under lease to the school; therefore, it should
have been tax exempt, and the staff recommends an abatement. Commissioner Jerke moved to approve
said petition based upon staffs recommendation. Commissioner Masden seconded the motion, which
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PRODUCERS FEEDLOT, LLC:
Raelene Churyk,Assessor's Office,stated the Department requests approval of the refund due to a licensed
vehicle listed on the company's declaration that documentation was later provided for. Commissioner Long
moved to approve said petition based upon staffs recommendation. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER PETITION FORABATEMENTOR REFUND OFTAXES-AMERICAN EXPRESS BUSINESS
FINANCE: Ms. Churyk stated the leasing company reported an asset as an inactive account, and it was
valued in error by the Department. Commissioner Masden moved to approve said petition based upon staffs
recommendation. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER ASSESSED VALUATION OF ALL TAXABLE PROPERTY AND MASTER PROTEST LOG-
REAL AND PERSONAL PROPERTY: Chris Woodruff, Assessor's Office, stated as required by
Section 39-8-105, C.R.S.,this is the assessment roll for real and personal property,for values by class for
2005 and preliminary values by class for 2006. He stated several values are within the protest period and
may be appealed with the Board of Equalization, and the State assessed values will not be finalized until
August. He further stated this is the first step in the process for the Department to complete preliminary
Minutes, July 10, 2006 2006-1865
Page 2 BC0016
certification for the Board and other taxing authorities. Mr.Woodruff stated an increase in assessed value
exists primarily in the value of oil and gas production which increased 36 percent. He stated other increases
included the residential values for new construction, and industrial values, including a partial value for the
ethanol plant in Windsor, the full value of the Owens-Illinois plant, and substantial investment in the Kodak
site. Mr.Woodruff stated the overall increase in value in Weld County is 16 percent, and there have been
very few protests this year. He stated due to the increase in gas and oil production, real property value now
represents 85 percent of the tax base and personal property represents 15 percent of the tax base in Weld
County. Mr. Woodruff stated oil and gas now represents 41 percent of the total assessed value in Weld
County,compared to 35 percent last year. He stated there was a total of 798 protests this year,and 731 of
the protests regarded real property and 67 regarded personal property. He further stated approximately
60 percent of the protests were adjusted,and 40 percent were denied,which is a typical ratio. Mr.Woodruff
stated adjustments are usually made when new information has been discovered and presented. He stated
several subdivisions reflect some of the increases; however,they are valued accurately. He further stated
there are County procedures that discount the value of vacant land as it goes through the development
process. Mr. Woodruff stated the number of personal property accounts that have not filed with the
Department is 1,706, which is higher than the average of 1,300. He stated the Department will visit the
properties which have not filed,and audits will be completed if the property owner has not filed within the past
three years in an effort to resolve as many issues as possible before officially submitting the tax roll to the
treasurer in January. In response to Commissioner Jerke, Mr. Woodruff stated "TIF" stands for Tax
Increment Financing, which is an area in downtown Greeley and is a net to the County's taxable base.
Commissioner Jerke moved to approve said assessed valuation and master protest log. Commissioner
Long seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS TO THE BOARD OF PUBLIC HEALTH: Commissioner Jerke moved to
reassign Doug Printzfrom the at-large representative to the District 5 position,and appoint Barbara Murphy
as the at-large representative, both with terms to expire May 23, 2008. Commissioner Masden seconded
the motion, which carried unanimously.
PLANNING OLD BUSINESS:
RECONSIDER RECORDED EXEMPTION#4414-ROBIN ANDALBERT PEREZ(CON'T FROM 6/28/06):
Chris Gathman, Department of Planning Services,stated the applicant has provided a copy of the original
real estate contract, marked Exhibit A, and a copy of the contract to purchase property in the state of
Wisconsin, marked Exhibit B. He stated the City of Greeley has drafted a new annexation agreement with
the applicant, marked Exhibit C. He further stated staff recommends several revisions to the Conditions of
Approval, as noted in Exhibit D. Robin Perez, applicant, stated the contract was rejected as a result of the
Recorded Exemption not being approved; however,the potential buyers have indicated interest in drafting
a new contract on the property pending approval of the Recorded Exemption. In response to Chair Geile,
Ms. Perez stated the inspections have been completed for the property to be purchased in Wisconsin, and
the closing date has been moved forward to July 13, 2006, from July 17, 2006. Responding to
Commissioner Jerke, Ms. Perez clarified she was unable to accept the contract since it was based on the
Recorded Exemption being approved; however,she believes the potential buyers are still interested in the
property. She further stated she agrees to sign the annexation agreement. In response to Chair Geile,Ms.
Perez stated this morning was the first time she has seen the City's annexation agreement, and her only
concern is the shared easement. Commissioner Jerke stated the applicant does not have a current
contract on the property since Ms. Perez was not able to accept the previous contract; however, the
applicant hopes a new offer will be generated with approval of the Recorded Exemption. Michael Whitley,
City of Greeley, stated the annexation agreement has not been reviewed by the City's Attorney's Office;
however,the City Planning Department does not anticipate significant changes to the agreement. He stated
two days after the Recorded Exemption was denied, the City met with Ms. Perez and determined specific
conditions the City would need addressed in the annexation agreement. He stated nothing has been added
to the agreement which was not discussed with Ms. Perez in the previous meeting. In response to Chair
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Page 3 BC0016
Geile, Mr.Whitley stated the annexation agreement will meet the needs and requirements of the City, and
the City recommends approval of the Recorded Exemption since the agreement is referenced in the
Conditions of Approval. Mr.Gath man stated the first sentence of Condition of Approval#4.B will be modified
since Lot B has an existing access, and it will state: "Lot A shall use the existing residential access, as no
circle drives or additional accesses will be granted." He further stated that the last two sentences of the
condition will be removed. He stated Condition of Approval#4.C will be inserted which states: "Lot B shall
use the existing agricultural access, as no additional accesses shall be granted." He stated Condition of
Approval#4.H will be added,requiring the applicant to submit a signed and recorded annexation agreement
with the City of Greeley to the Department of Planning Services,or submit a signed annexation agreement
between the City of Greeley and the applicant to the Department of Planning Services for recording. In
response to Chair Geile, Ms. Perez stated she understood and concurred with the Conditions of Approval
as modified. Commissioner Long moved to approve Recorded Exemption#4414, with the Conditions of
Approval as proposed by staff. Commissioner Vaad seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#604 - DARREL ADOLF AND DELMER ZIEGLER: Mr. Gathman stated on January 4,
2006, the Board approved the acceptance of collateral in the form of an Irrevocable Letter of Credit in the
amount of$33,116.67. He stated after review of the site, staff has determined that all improvements have
been completed, and the Department recommends full release of the collateral. Commissioner Masden
moved to approve said cancellation and release of collateral. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER PARTIAL VACATION OF SECOND AMENDED USE BY SPECIAL REVIEW PERMIT#488-
LAFARGE WEST, INC.: Mr. Gathman stated LaFarge West has requested a partial vacation of Second
Amended Use by Special Review Permit#488. He stated 6.95 acres of land, located on the western edge
of the Use by Special Review Permit boundary, is currently being reviewed through the Recorded Exemption
Process. He further stated the Department recommends a revised plat of Second Amended Use by Special
Review#488 be submitted as required by Section 23-2-200 of the Weld County Code. In response to
Chair Geile, Mr.Gathman stated the reason for the partial vacation request is because the area has never
been mined,and he is unaware if any topography issues exist. Chair Geile suggested continuing the request
and stated he would prefer to have representatives of LaFarge West present at the hearing. Commissioner
Vaad moved to continue the matter to July 17,2006,at 9:00 a.m. Seconded by Commissioner Masden,the
motion carried unanimously.
CONSIDER RESOLUTION RE:ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO WELD
COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION,AND SET HEARING DATE
FOR CONSIDERATION-KITELEY RANCH METROPOLITAN DISTRICT: Cindy Giauque,Assistant County
Attorney,stated this resolution is only a matter of setting dates and times for consideration and that the next
item on the agenda is similar. In response to Commissioner Jerke, Ms. Giauque stated that her
understanding from a conversation with Bruce Barker,County Attorney,is that this is only a matter of setting
dates for the Planning Commission since the hearing dates are time sensitive. Commissioner Vaad moved
to approve said Resolution. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE:ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO WELD
COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION,AND SET HEARING DATE
FOR CONSIDERATION- ST. VRAIN METROPOLITAN DISTRICT NOS. 1, 2, 3, AND 4: Commissioner
Vaad moved to approve said Resolution. Commissioner Masden seconded the motion, which carried
unanimously.
Minutes, July 10, 2006 2006-1865
Page 4 BC0016
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 9:58 a.m.
c -� a BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
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Weld County Clerk to the Boar �'Y ) 1 �c�?
;‘ill • David E. Long, Pro-Tern
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Dep Clerk the oard `�
Willi H. Jerke �^
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Robe . Masden
Glenn Vaad
Minutes, July 10, 2006 2006-1865
Page 5 BC0016
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