HomeMy WebLinkAbout20021417.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 3, 2002
TAPE #2002-18
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, June 3, 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-Tem
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 29, 2002, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on May 29, 2002, as follows: 1) Change of Zone #548 from the A (Agricultural) Zone District
to the PUD (Planned Unit Development) Zone District, California Home, Inc., do Design Development
Consultants. Commissioner Masden seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-1417
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,011,907.11
Electronic Transfers - All Funds $989,816.10
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY PERMIT FOR A 3.2 PERCENT BEER RETAIL LICENSE FOR OUR LITTLE
STORE, LLC, DBA OUR LITTLE STORE: Bruce Barker,County Attorney,stated Our Little Store, LLC,dba
Our Little Store, has paid the necessary fee for a Temporary Permit to allow them to continue operation
while the Application for a Transfer of Ownership is being processed. Commissioner Long moved to
approve said Temporary Permit, with the effective date on May 31, 2002. Commissioner Geile seconded
the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - EVERITT ENTERPRISES, INC.:
Michael Sampson, Assessor's Office, recommended denial of this petition. He stated the petitioner has
requested the property be abated based on the property value listed in a Lease/Purchase Agreement
signed in 1994, and extended to 1997. He stated the abatement amount is not reflective of the current
market. Responding to Commissioner Geile, Mr. Sampson stated the lease purchase agreement was for
the property, not the business, and is valued at$275,000. He further stated the established value is based
on comparable market values. In response to Commissioner Jerke, Mr. Sampson gave a brief description
of the location of the property. Commissioner Masden moved to deny said petition as recommended by
staff. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CLEAN ENERGY, LLC, AND
RICHARD THOMAS: Mr. Sampson stated request for 1998 and 1999 and feel there are environment
issues on the property. He stated the petitioner cannot file for 1998 because it is outside of the time limits,
or 1999 because it has already been appealed. Purely on a legal basis, Mr. Sampson recommended
denial regardless of the reasons. In response to Commissioner Jerke, Mr. Sampson stated this is the old
sugar factory in the Town of Eaton. Commissioner Long moved to deny said petition as recommended by
staff. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-DOUBLE E&G, INC.: Mr. Sampson
stated he recommends approval of this petition because part of the land in the Subdivision is in a floodway,
wetlands or the lake. He stated after review of the property, staff agrees with the petitioner and
recommends approval. In response to Commissioner Geile, Mr. Sampson stated the land within the
floodway is valued at $500 per acre. In response to Commissioner Jerke, Mr. Sampson stated the
Subdivision has designated this area as unbuildable open space. Commissioner Jerke moved to approve
said petition as recommended by staff. The motion was seconded by Commissioner Geile, and it carried
unanimously.
Minutes, June 3, 2002 2002-1417
Page 2 BC0016
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - COLORADO YOUTH
CORPS ASSOCIATION: Walt Speckman, Director of Human Services, stated this agreement is the result
of a grant proposal submitted by the Town of Frederick to allow the Weld County Youth Conservation
Corps to perform service on projects through the Colorado State Trails Local Government Saint Vrain
Legacy Trial Project. He further stated the program will be funded, in the amount of$1,800, with a term
beginning May 15, 2002, and ending June 30, 2003. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR IMPROVEMENTS TO A PORTION OF
WCR 54 AND AUTHORIZE CHAIR TO SIGN - LOVELAND READY MIX CONCRETE, INC.: Frank
Hempen, Jr., Director of Public Works, stated as a Condition of Approval for a Use by Special Review
Permit, Loveland Ready Mix Concrete, Inc., is required to make certain improvements to Weld County
Road 54. He gave a brief description of the location of the property, and stated in order to make the
necessary improvements, the applicant must deed a portion of the property. Commissioner Long moved
to accept said Deed of Dedication and authorize the Chair to sign. The motion was seconded by
Commissioner Geile, and it carried unanimously.
CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR IMPROVEMENTS TO A PORTION OF
WCR 54 AND AUTHORIZE CHAIR TO SIGN - LEON H. CROISSANT FAMILY TRUST, VIOLA C.
CROISSANT,TRUSTEE, AND VIOLA C. CROISSANT, INDIVIDUALLY: Mr. Hempen stated this Deed of
Dedication is required as part of the same project described in the previous item of business. In response
to Commissioner Jerke, Mr. Hempen stated this dedication will provide the right-of-way necessary to make
improvements because this is anticipated to be a busy intersection in the future. Commissioner Long
moved to accept said Deed of Dedication and authorize the Chair to sign. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO A PORTION OF
WCR 4 AND AUTHORIZE CHAIR TO SIGN -JOHN AND JIMETTA BRASSINGTON: Mr. Hempen stated
Weld County will pay $300 for this Temporary Construction Easement on a 0.5-acre parcel, which is
necessary for the relocation of the Hudson Canal as part of the improvements to Weld County Road 4.
Commissioner Masden moved to approve said Temporary Construction Easement and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - U.S. BUREAU OF THE CENSUS: Mr. Barker stated this is a standard agreement for
access to GIS data and he recommends approval. Commissioner Geile moved to approve said agreement
and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it carried
unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO EMERGENCY MEDICAL SERVICES
COUNCIL: Commissioner Geile moved to appoint Jim Sullivan, Larry Sheets, and Bill Ramsel, and
reappoint Tim Zimmerman, Randy Carleton, Mark Gray, and Mary Mast to the Emergency Medical
Services Council. Commissioner Long seconded the motion, which carried unanimously.
Minutes, June 3, 2002 2002-1417
Page 3 BC0016
CONSIDER RESOLUTION RE: APPOINTMENT OF COMMISSIONER GLENN VAAD TO BE WELD
COUNTY'S REPRESENTATIVE TO SOUTHWEST WELD DRAINAGE AUTHORITY BOARD OF
DIRECTORS,WITH COMMISSIONER ROB MASDEN AS ALTERNATE: Mr. Barker stated the Southwest
Weld Drainage Authority Board requires one representative and an alternate to be appointed.
Commissioner Jerke commented he and Commissioner Long did not support the creation of the Authority
Board. Chair Vaad commented a $100 monthly salary has been offered to each of the representatives;
however, he stated the salary will be declined by the Weld County delegates. Commissioner Geile moved
to approve said Resolution. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: INTERMENT OF DECEASED VETERANS: Mr. Warden stated Senate
Bill 02-100 was approved on April 12, 2002, which requires the Board of Commissioners to ensure any
honorably discharged veteran has a proper burial. He stated they must establish a maximum expense for
the burial and setting of the headstone, as well as designate a person to carry out these duties. Mr.
Warden stated this service has historically been provided through the Department of Social Services for
any indigent citizen in Weld County, and he recommends the maximum expense be set at $1,500. He
stated there has been an average of 20 burials per year in the past and although most cemeteries do not
charge to set the headstone, $75 will be designated to cover that cost, if necessary. Mr. Warden also
recommended the Board appoint Richard Rowe, Department of Social Services Assistance Payment
Manager, to carry out these duties. He explained this Bill was created at the urging of Mesa County which
has a veterans cemetery. They expressed concern that they would be responsible for the cost of burying
all indigent veterans in the State. In response to Commissioner Jerke, Mr. Warden stated Weld County
will receive compensation from Mesa County if a resident from the Western Slope is buried in Weld
County. Commissioner Masden moved to approve said Resolution. Commissioner Geile seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #3308 - CONQUEST OIL COMPANY: Chair Vaad recessed the
Board meeting until 10:00 a.m. to consider Recorded Exemption#3308 in conjunction with the Stipulation
for Use by Special Review Permit#1198. (Clerk's Note: See Hearing Certificate for Docket#2002-39 for
previous discussion.) In response to Mr. Morrison, Ms. Mika stated staff had initial concerns with removing
the parcel as proposed by the applicant and creating a sliver of land between the two parcels, not included
in Recorded Exemption #3308 or Subdivision Exemption #97 for the McDonald property. She stated the
parcel in question will need to be removed from the previous Recorded Exemption and added to the
Subdivision Exemption through the amendment process. She further stated the parties involved will need
to come in at a later date and submit applications to initiate that process. Based on the discussion
recorded in the Hearing Certificate for Docket#2002-39 and the above discussion, Commissioner Jerke
moved to approve Recorded Exemption#3308 for Conquest Oil Company,with the Conditions of Approval
as recommended by staff. Mr. Morrison clarified approval of this Recorded Exemption is contingent upon
the closing and transfer of the Use by Special Review property from Enviro-Cycle, LLC, to Conquest Oil
Company. There being no further discussion, Commissioner Geile seconded the motion, which carried
unanimously.
Minutes, June 3, 2002 2002-1417
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 10:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: etie ��,�,�� �y�J �.� Oasej
`r t; p ' Gle Vaad, Chair
Weld County Clerk to the B rd � `
C.2OI Z? E. Lon , Pro-Tem
BY: r � Y
Deputy Clerk to the Bo (72. `e c
<•,./I NItic\ > M. J. eile
illiam H. tce
Robert D. Masden
Minutes, June 3, 2002 2002-1417
Page 5 BC0016
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