HomeMy WebLinkAbout20021040.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 24, 2002
TAPE#2002-15
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 24, 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of April 22, 2002, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: Chair Vaad added the following as Item#7 under Planning: Consider Request
for Temporary Variance to hours of operation as established by Use by Special Review Permit #536 -
Lafarge West, Inc.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,WORKFORCE DEVELOPMENT BOARD-PATRICIA COLLEEN FLACK,
CARL HATTON,AND SUE BJORDLAND: Chair Vaad read the certificates into the record, although none
were present to receive their awards.
RECOGNITION OF SERVICES, UNIFORM BUILDING CODE BOARD OF APPEALS - CHARLIE
WISDOM: Chair Vaad read the certificate into the record. Charlie Wisdom was not present to receive his
award.
RECOGNITION OF SERVICES, BUILDING TRADES ADVISORY COMMITTEE - EDWARD MIRICK:
Chair Vaad read the certificate into the record recognizing Edward Mirick for his services. He was not
present.
2002-1040
BC0016
RECOGNITION OF SERVICES, UNIFORM BUILDING CODE BOARD OF APPEALS AND BUILDING
TRADES ADVISORY COMMITTEE - TOM FISHER: Chair Vaad read the certificate into the record
recognizing Tom Fisher for service on both boards. He was not present to receive his award.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $975,363.73
Commissioner Geile 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.
APPROVE 2002 ROTOMILLING BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated the
Department of Public Works has recommended approval of the low bid received from Don Kehn
Construction, Inc., in the amount of $31,697.00. Commissioner Geile moved to approve said bid. The
motion, which was seconded by Commissioner Masden, carried unanimously.
NEW BUSINESS:
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES TO MODIFY PREMISES AND
AUTHORIZE CHAIR TO SIGN- ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR: Bruce Barker,
County Attorney, stated Lucky Star is making two changes, one to increase the seating in the adult area,
and the other to change the wall between adults and minors, making it a half-wall with a fence on the upper
half. Chair Vaad stated he received a call from a representative speaking on behalf of the manager, who
explained that the business is affected because minors cannot listen to a live band, since they have been
using speakers for the minor side. This would allow them to listen to the live band. Chair Vaad stated he
also talked to Ken Poncelow, Sheriff's Office, and the Building Inspections Department, and no problems
were determined. Responding to Commissioner Jerke, Chair Vaad stated the fence will be chain length,
therefore, no glass or bottle could be passed through. Commissioner Long stated he thought the wall
between the two groups was required because of the fire code; however, Mr. Barker stated it was limiting
the numbers allowed in each part of the facility. Commissioner Geile moved to approve said application
and authorize the Chair to sign. Seconded by Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (SCHEDULE #147106122014) -
LANYO, LLC: Mike Sampson, Assessor's Office, stated he is recommending denial since the petitioner
has offered no explanation or justification for the request. He stated he talked to the agent regarding this
item, as well as the next two, who stated it is okay with him if the Board denies the petitions, because he
will then file with the Board of Assessment Appeals. Responding to Commissioner Geile, Mr. Sampson
stated the petitioner is requesting a decrease on the improvements. The property owner was not present
or represented. Commissioner Jerke moved to deny the petition. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (SCHEDULE #130106000025) -
ROGGEN FARMERS ELEVATOR ASSOCIATION: Mr. Sampson stated this is same situation as the
preceding item, and it is also a reduction in value on improvements with no information provided.
Minutes, April 24, 2002 2002-1040
Page 2 BC0016
Commissioner Long moved to deny said abatement. The motion,which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (SCHEDULE #130106000004) -
ROGGEN FARMERS ELEVATOR ASSOCIATION: Mr. Sampson stated this parcel is side by side with
the previous parcel, and holds the warehouse facility, and buildings. Commissioner Masden moved to
deny said abatement. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (SCHEDULE #01520899) -
PETROLEUM DEVELOPMENT CORPORATION: Mary Hazen, Assessor's Office, stated the petitioner
received duplicate tax bills and staff has determined it is a duplicate record, therefore, she recommended
approval of the petition. Commissioner Masden moved to approve said petition for abatement. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE
CHAIR TO SIGN-DEAN BEERS: Mr. Barker stated this is the standard agreement,and he recommended
approval. Commissioner Geile moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR MUNICIPAL JAIL SERVICES AND AUTHORIZE
CHAIR TO SIGN -TOWN OF MILLIKEN: Mr. Barker stated in the past the Board has set the amount for
Jail Services; however, the Sheriffs Office is now asking that the amount set by the Joint Budget
Committee for reimbursement be the rate the County uses to charge municipalities for housing of inmates.
Mr. Barker stated the rate is set every January,and would be commensurate with what we get for inmates
for the Department of Corrections. He recommended approval,and stated it would be effective January 1,
2003. Commissioner Jerke moved to approve said amendment and authorize the Chair to sign. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER RESOLUTION RE: CHANGE IN HOURS OF OPERATION FOR WELD COUNTYASSESSOR
AND TREASURER: Mr. Warden stated a request was received from the Assessor and Treasurer, who
are finding not many customers come in during the early morning hours,and more customers want service
during the 4:30 p.m. to 5:00 p.m. time period. He noted this would also align the hours of operation with
other county offices, except Motor Vehicle. Commissioner Jerke moved to approve the draft resolution.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RESOLUTION RE: APPOINTMENT OF COMMISSIONER DAVID E. LONG TO
PROGRESSIVE 15: Commissioner Geile moved to approve said appointment. The motion, which was
seconded by Commissioner Jerke, carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#496 - SCHELLENBERG/LAWSON:
Kim Ogle, Department of Planning Services, stated pursuant to Condition of Approval for RE #3247, the
request for vacation of Use by Special Review Permit #496 has been received from Dan and Cindy
Schellenberg and Richard and Joyce Lawson. Commissioner Masden moved to vacate Use by Special
Review Permit#496. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER REQUEST FOR TEMPORARY VARIANCE TO HOURS OF OPERATION AS ESTABLISHED
BY 4TH AMENDED USE BY SPECIAL REVIEW PERMIT#877- CAMAS COLORADO, INC.: Mr. Ogle
stated the request is to temporarily extend the hours of operation to include 8:00 p.m. to 6:00 a.m. on or
about April 26, 2002, for two consecutive nights in order to complete a paving contract with Edward
Kraemer and Sons. Connie Davis, Aggregate Industries and Camas Colorado, Inc., explained this is for
Minutes, April 24, 2002 2002-1040
Page 3 BC0016
the paving contract at 1-25 and Weld County Road 7, for which Aggregate Industries has been designated
as the materials supplier for asphalt to Kiewit Construction. She stated this is for construction of crossover
lanes which are required by the Colorado Department of Transportation to be done at night. Ms. Davis said
she would like the request to be for the life of the project, with notification to the Department of Planning
Services one to two weeks prior to running at night. She noted Camas Colorado has added fragrance to
the asphalt to make the process more pleasing to neighbors, and all truck drivers are aware of their
policies, since they issued letters with rules for items such as prohibiting jake brakes, in the area.
Responding to Commissioner Jerke regarding the period of time included in the request, Ms. Davis stated
the project is scheduled through 2004,although the crossover is temporary,and done approximately every
six months. Commissioner Jerke stated he would be more comfortable looking at this on a year-to-year
basis, rather than for the entire length of the contract. Responding to Chair Vaad, Mr. Ogle stated staff
supports the request,and they have received no violations or complaints. No public testimony was given.
Commissioner Jerke moved to approve the request of Camas Colorado, Inc., for a variance of Use by
Special Review Permit#877 Development Standard #3, for a period of one year, with a minimum of one
week notice to the Department of Planning Services. The motion,which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER REQUEST FOR TEMPORARY VARIANCE TO HOURS OF OPERATION AND MAXIMUM
NUMBER OF PARTICIPANTS ALLOWED AS ESTABLISHED BY USE BY SPECIAL REVIEW PERMIT
#1208-HENRY AND CAROL KARRE,C/O ANTHONY NAVARRO/ACTION PURSUIT PAINT BALL, LLC:
Mr. Ogle stated Anthony Navarro is requesting a two-day variance in hours of operation and maximum
number of players in order to host a paint ball competition. Anthony Navarro, applicant, stated he is
hosting the event July 20 and 21, 2002. He said that he has previously hosted a similar competition;
however, he has never been close to this in number of participants, therefore, he needs approval for an
increase in the hours of operation and number of players allowed. Mr. Navarro stated he is a Registered
Nurse, and he will increase the number of portable toilets,adding one for every 20 participants. He further
stated he has purchased a ten-acre site 700 feet away for parking; and he will increase drinking water by
five gallons for each additional ten people. No public testimony was given. Mr. Ogle stated the
Department of Planning Services has no recommendation. Responding to questions from the Board, Mr.
Navarro clarified he is requesting twenty-four hour operation during the dates of the event, although they
typically operate from 9:00 a.m. until 11:00 p.m., then restart the next morning. Commissioner Long
moved to approve the request of Anthony Navarro for a variance of Use by Special Review Permit#1208
Development Standards#10 and#11. The motion,which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER REQUEST FROM CITY OF LONGMONT ON BEHALF OF THE ST. VRAIN ARCHERS AND
BOWHUNTERS ASSOCIATION TO PRE-ADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT #1370: Mr. Ogle stated because of an incorrect publication in the
newspaper, the Planning Commission Hearing has been rescheduled to May 7, 2002, and pre-
advertisement will allow the applicant a speedier hearing before the Board. Commissioner Geile moved
to approve said request for pre-advertisement, with a hearing date of May 15, 2002. The motion, which
was seconded by Commissioner Masden, carried unanimously.
CONSIDER REQUEST FROM RIVERDANCE DEVELOPMENT COMPANY, C/O MIKE SIEGRIST, TO
PRE-ADVERTISE CHANGE OF ZONE#602: Mr. Ogle stated this request is based upon the late receipt
of a referral from the Department of Public Works, and the Planning Commission Hearing was continued
to June 18, 2002. Commissioner Jerke moved to approve said request for pre-advertisement, with a
hearing date of June 26, 2002. The motion, which was seconded by Commissioner Masden, carried
unanimously.
Minutes, April 24, 2002 2002-1040
Page 4 BC0016
CONSIDER REQUEST FROM JOHN KADAVY, C/O TODD HODGES DESIGN, LLC, TO PRE-
ADVERTISE CHANGE OF ZONE #632: Mr. Ogle stated this request is made because of the financial
burden involved in maintenance of the 13 existing units and site. He stated staff waived the site plan
application to allow the applicant to proceed directly to the Change of Zone process, which is presently
proceeding. Mr. Ogle stated the Department of Planning Services does not view this as sufficient reason
for a pre-advertisement, therefore, he is not in support of said request. Todd Hodges, representative of
Mr. Kadavy, stated the structures and improvements are in place, and the applicant has been in contact
with all the referral agencies, with no negative impact found to date. John Kadavy, applicant, stated it is
a financial burden to continue to maintain the structures,the homes are in place and continue to be vacant
and deteriorate. He reiterated the referral agencies he spoke to, including school district,fire district,town
clerk and town manager of Kersey, all indicated no problem with the request. Responding to Chair Vaad,
Mr. Barker stated there is no requirement for public testimony. Commissioner Geile moved to approve said
request for pre-advertisement, with a hearing date of June 12, 2002. The motion, which was seconded
by Commissioner Jerke, carried unanimously. [CLERK'S NOTE: This matter was reconsidered April 29,
2002, to reschedule the hearing date for June 19, 2002, at 10:00 a.m.]
CONSIDER REQUEST FOR TEMPORARY VARIANCE TO HOURS OF OPERATION AS ESTABLISHED
BY USE BY SPECIAL REVIEW PERMIT #536 - LAFARGE WEST, INC.: Sheri Lockman, Department
of Planning Services, stated the request from LaFarge West, Inc., is for the Stromquist Pit and asphalt
plant for a paving project on 1-25 from Highway 52 to Highway 66. The request is for a period of time from
mid-June through August, and the haul route is completely paved. She stated the request, if approved,
should be made conditional upon the award of the asphalt project. Chair Vaad asked staff to talk to the
applicant to encourage the same measures Camas Colorado has, regarding prohibiting its truck drivers
from using jake brakes. Commissioner Geile moved to approve said request, with Chair Vaad's
suggestion. The motion, which was seconded by Commissioner Jerke, 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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT LORADO
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Robert D. Ma den
Minutes, April 24, 2002 2002-1040
Page 5 BC0016
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