HomeMy WebLinkAbout20020784.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 1, 2002
TAPE #2002-12
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 1, 2002, 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 Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of March 27, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearing
conducted on March 27, 2002, as follows: 1) A Change of Zone #564 from the A (Agricultural) Zone
District to the PUD(Planned Unit Development)Zone District, Fran Garcia. Commissioner Geile seconded
the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY CHILD ABUSE PREVENTION MONTH - APRIL 2002: Chair Vaad read the certificate
proclaiming the month of April 2002 as Weld County Child Abuse Prevention Month. Christy Dodd,A Kid's
Place representative,was present to accept said Proclamation on behalf of the Child Abuse Coalition,and
she invited to Commissioners to attend a candle light ceremony to be held on the Weld County Courthouse
steps on April 11, 2002, at 7:00 p.m. She stated a candle will be lit representing each child in foster care.
PUBLIC INPUT: Commissioner Geile commented Joe Tennessen will be retiring from KFKA and he
suggested a Proclamation be prepared recognizing his loyalty and dedication to the citizens of Weld
County.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds
$715,252.09
Electronic Transfers -All Funds $954,134.54
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - YE'O JR., INC., DBA BOLDT IN GRILL: Mr. Barker stated the Sheriffs
Office indicated no concerns and he recommends approval. Commissioner Geile moved to approve said
renewal application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-TAGAWA GREENHOUSES, INC.,
C/O F & S TAX CONSULTANTS: Raelene Anderson, Assessor's Office, was present, along with Ron
Sandstrom, F&S Tax Consultants representative. Mr. Sandstrom stated they are requesting denial of this
and the following item of business because there is a case currently in the Court of Appeals for a rehearing
to consider classifying greenhouses as farms,which would result in a substantial reduction in the valuation
of the land and personal property as exempt. He requested these petitions be denied until the pending
case is resolved by the courts. Commissioner Geile moved to deny said petition as recommended by staff
and authorize the Chair to sign. The motion, which was seconded by Commissioner Masden, carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - KITAYAMA BROS., INC., C/O
F& S TAX CONSULTANTS: Based on the previous discussion, Commissioner Long moved to deny said
petition as recommended by staff and authorize the Chair to sign. The motion was seconded by
Commissioner Masden, and it carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR SENIOR NUTRITION PROJECT AT JESUS
RODARTE CULTURAL CENTER AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Walt
Speckman, Director of Human Services, stated this is a standard agreement for the senior nutrition
program at the Jesus Rodarte Cultural Center. Commissioner Masden moved to approve said
Memorandum of Agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the
motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
UNIVERSITY OF NORTHERN COLORADO, COLLEGE OF HEALTH AND HUMAN SERVICES: Mr.
Speckman stated the Department of Human Services is required to do research as part of the grant
application process. He stated under this agreement the University of Northern Colorado, College of
Health and Human Services, will do the research and provide the Weld County Department of Human
Services with a report, and this arrangement has worked well in the past. In response to Commissioner
Geile, Mr. Speckman stated the University will produce an updated report to be submitted with the current
grant application. Commissioner Masden moved to approve said agreement and authorize the Chair to
sign. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 13 BETWEEN WCRS 68.5 AND 74: Jeff Jerome,
Department of Public Works, stated this is a routine closure for replacement of a bridge and the project
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Page 2 BC0016
should be complete within 20 days. Commissioner Geile moved to approve said temporary closure.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PERFORMANCE WARRANTY FOR MINING PERMIT OF THE FISCUS PIT AND
AUTHORIZE CHAIR TO SIGN: Mr. Jerome stated this Performance Warranty was held until the transfer
paperwork was finalized. He stated this document states the County will reclaim the property once the
mining is complete. In response to Commissioner Geile, Mr.Jerome and Commissioner Long clarified the
pit is located near the Town of New Raymer. Commissioner Masden moved to approve said Performance
Warranty and authorize the Chair to sign. The motion was seconded by Commissioner Long,and it carried
unanimously.
CONSIDER APPOINTMENT TO LOCAL ENERGY IMPACT AND COMMUNITY DEVELOPMENT REVIEW
TEAM: Commissioner Geile moved to appoint Wes Scott to the Local Energy Impact and Community
Development Review Team, with no term expiration. Mr. Warden stated there is no term on the Local
Energy Impact and Community Review Team because some of the members are on the team by virtue
of their positions. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO AREA AGENCY ON AGING:Commissioner
Long moved to appoint Harold Chadwick and Michelle Hernandez, and to reappoint Betty Jones and Josie
Sanchez to the Area Agency on Aging, with terms expiring January 31, 2005. Commissioner Geile
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER RESUBDIVISION(LOT LINE ADJUSTMENT ONLY)OF SIERRA RUN SUBDIVISION,S#626
-SCOTT AND DEANNE DAY: Drew Scheltinga, Department of Public Works, introduced Peter Shay,who
has been hired by the County to do Planning referral reviews. Sheri Lockman, Department of Planning
Services, stated Scott and Deanne Day have applied for a Resubdivision for a lot line adjustment on a plat
that was recorded by the Hudson Land Company in 1909. She gave a brief description of the location of
the site and stated it has been the practice of the Department of Planning Services to require older
subdivisions to have adequate facilities to meet today's standards before they are allowed to build. Ms.
Lockman stated Lots 12 through 26 have previously gone through a Resubdivision to create Fox Haven
Estates, and this request affects Lots 7, 8, 9, 10, an 11. She stated originally there was 60 feet of right-of-
way platted on the south side of these lots; however, 30 feet of that right-of-way is currently used by the
Public Service Company. The Resubdivision will also require the applicant to designate an additional 30
feet of the south sides of the lots to create adequate right-of-way. In response to Chair Vaad, Ms.
Lockman stated the last sentence of Condition of Approval #1.B.1 was added because the site was
originally permitted, through a Special Use Permit in the 1970's, for a gas processing facility. She stated
there is no indication on the plat as to the actual location of the facility, and it was not subject to the
regulations of the Environmental Protection Agency, therefore, the language was added to notify future
buyers of the possibility of soil contamination on the site rather than require the current land owner to
conduct a study. Responding further to Chair Vaad, Mr. Barker stated the future residents will not incur
liability if there is soil contamination,and the proposed language just provides a warning that contamination
may have occurred. Commissioner Jerke commented it may also be wise to include a statement holding
the County harmless. Mr. Barker stated the County will not incur liability either way, and so the last phrase
of Condition#1.B.1 is more of a warning for future residents. He stated they can do a study if interested,
and may even be required to do a study in order to acquire a loan. Mr. Barker further stated the property
is already subdivided and this request is for a lot line adjustment only. Ms. Lockman reiterated the
applicant must bring the subdivision up to County standards before the building permits are issued. In
response to Commissioner Jerke and Chair Vaad, Ms. Lockman stated this was subdivided in 1909, and
following discussions with the previous landowner, she contacted the EPA which indicated there is a
possibility that the soil has been contaminated. She stated they have no way of knowing without requiring
a full study of the property. Chair Vaad commented this small statement regarding contamination may
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result in costly events for a private land owner, and it has not even been determined that the concern really
exists. The applicant was present but declined further comment. Commissioner Geile commented the
disclosure should be more the obligation of the seller and he feels the County should not get involved in
Real Estate disclosures. Commissioner Geile moved to strike the last sentence of Condition #1.B.1.
CommissionerJerke seconded the motion,which carried unanimously. Commissioner Geile stated for the
record that all disclosures are the responsibility of the seller. Commissioner Jerke moved to approve said
Resubdivision, S #626, for a Lot Line Adjustment, with the Conditions of Approval as recommended by
staff with the previous amendment to Condition#1.6.1. Commissioner Long seconded the motion,which
carried unanimously.
CONSIDER RESUBDIVISION (LOT LINE ADJUSTMENT ONLY)OF HERGEMUELLER SUBDIVISION,
S#628 - CLIFFORD AND CANDICE HERGEMUELLER: Ms. Lockman stated Lots 3, 5, and 6 were also
created through a plat recorded by the Hudson Land Company in 1909, and as discussed in the previous
item of business,the Department of Planning Services requires the Subdivision to have adequate facilities
before building. Ms. Lockman stated this request involves Lots 1, 2, and 3, and the original plat provide
access for Lots 3, 5, and 6, creating three lots which are landlocked. She stated the proposed
Resubdivision will create 30 feet of right-of-way to access Lots 2 and 3, and should the future owners of
Lots 5 and 6 wish to build, they will also be required to submit an application for Resubdivision to create
the south 30 feet of the access. Ms. Lockman stated staff recommends approval of this request and
agrees with deleting the last sentence of Condition 1.6.1 as discussed in the previous case. In response
to Chair Vaad, Clifford Hergemueller stated he has reviewed and agrees with the Conditions of Approval
as modified. Commissioner Jerke moved to approve said Resubdivision, with the Conditions of Approval
as recommended by staff, with the deletion of the last sentence of Condition #1.6.1. Commissioner
Masden seconded the motion, which 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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ate, / i �! ^ r`�/ � /J/1 A4
Y-' ';� �� Vaad, hair
Weld County Clerk to th- p trp.6, i5p.=; I
4, 1 David E. Lon;-, Pro-Tem
BY: /� �Ii .���
Deputy Clerk to the Board
M. J. eile
William H. Jerke
Robert u. Masden
Minutes, April 1, 2002 2002-0784
Page 4 BC0016
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