HomeMy WebLinkAbout20052505.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 22, 2005
TAPE #2005-33
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, August 22, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 17, 2005, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on August 17, 2005, as follows: 1)AMUSR#1268-Edward and Eileen Fritzler, c/o KGF, Inc.
Attn: Glen Fritzler; 2) PZ#1058 - Francisco Garcia; and 3) MF#1056 - Francisco Granados, do Pickett
Engineering, Inc. Commissioner Masden 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 Long moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-2505
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,224,836.44
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER RESOLUTION RE:AGREEMENT FOR SALE AND PURCHASE OF MINERAL RIGHTS AND
AUTHORIZE CHAIR TO SIGN -CERVI RANCHES (BID CON'T FROM 8/17/05): Mr. Warden stated the
resolution is follow-up for the bid to purchase 160 acres of mineral rights owned by Weld County. He stated
after the completion of a work session,the sole bid from Cervi Ranches, in the amount of$10.00 per acre,
a total of$1,600.00,was recommended. He further stated upon the request of Cervi Ranches, the Board
met with representatives of the Pawnee National Grasslands. Mr. Warden stated the purchase of the
mineral rights facilitates an exchange for property between Cervi Ranches and the Grasslands,
consolidating grazing land area. Commissioner Long moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OFA
PORTION OF WELD COUNTY ROAD 6 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-RODNEY
AND SHARON SCHMALHAUS: Don Carroll, Department of Public Works,stated the agreement is required
through Recorded Exemption #4080. He stated Weld County maintains Weld County Road 6 to
Bridge 6/41A,and there is presently sixty feet of right-of-way available on the section line extending to the
applicant's property. He stated adjacent property owners were notified and had no concerns. Responding
to Chair Jerke, Mr. Carroll stated Bridge 6/41A is constructed of steel and is maintained by the County.
Responding to Commissioner Geile, Mr.Carroll stated most of the land surrounding the property is dry land;
however,there are several farming operations in the area. Commissioner Masden moved to approve said
agreement. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-J.MONTES,
INC., DBA EL RODEO NIGHT CLUB: Bruce Barker,County Attorney,stated no concerns were expressed
in response to the referrals regarding this renewal, therefore, he recommended approval. Responding to
Chair Jerke, Mr. Barker stated El Rodeo has been free of violations for the past several years.
Commissioner Long moved to approve said renewal and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER RESOLUTION RE: SUBMITTING TO THE ELECTORS OF THE GENERAL ELECTION ON
NOVEMBER 1, 2005,AN AMENDMENT TO THE WELD COUNTY HOME RULE CHARTER: Mr. Barker
stated the resolution will submit the proposal of making a change to Section 4-4, regarding the Board of
Adjustment. He stated the proposed change will require the appointment of five regular members, down
from the current requirement of nine regular members, and the change will allow for the appointment of
associate members, as State statute allows. He further stated the proposed change states an affirmative
vote will be required from four of the five members to reverse any order, requirement, decision or
determination of an administrative official or agency. Mr. Barker stated an affirmative vote will be required
from three of the five members to grant a variance, which is allowable through the County's Home Rule
Charter status. Commissioner Vaad moved to approve said resolution. The motion,which was seconded
by Commissioner Masden, carried unanimously.
Minutes, August 22, 2005 2005-2505
Page 2 BC0016
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)FOR AMENDED SITE REVIEW PLAN,AMSPR#209,
ACCEPT FORM OF COLLATERAL, AND AUTHORIZE CHAIR TO SIGN -THOMAS CANZONA: Sheri
Lockman, Department of Planning Services, stated the application is to place a church facility in the C-3
(Commercial)Zone District. Responding to Chair Jerke, Ms. Lockman stated the property is located south
of 10th Street, and west of 59th Avenue. She stated the applicant is requesting acceptance of the
Improvements Agreement,and release of the Building Permit. Ms. Lockman stated Mr.Canzona submitted
an application for a Building Permit upon approval of new regulations that allow churches in Commercial
Districts. She stated the condominiums surrounding the subject property are generally occupied by
contractors. She further stated after contact from the Department of Building Inspection, it was determined
the existing parking on the site was inadequate for the amount of people proposed in attendance figures,
and a new Site Plan Review was required.
Ms. Lockman stated a new Site Plan Review was submitted on May 5, 2005, at which time it was
discovered that the parking areas are all commonly owned, which would require approval from the
association for the applicant to utilize the parking spaces. She stated staff presented a Condition of
Approval to Mr.Canzona on June 14,2005,which stated the applicant shall provide landscaping,striping,
and curb stops. She further stated Mr. Canzona submitted the Improvements Agreement on August 18,
2005; however, no bids to substantiate the costs were included with the agreement. She stated the
agreement indicated the church members plan to complete most of the improvements themselves, and
the costs included portray the cost to the applicant. She stated staff recommends denial,as the full value
cost to the County would be greater than the amount listed. Ms. Lockman further stated there are several
illegal signs in the entrance area of the property,which do not have building permits, and Mr. Canzona is
working with other property owners to ensure that all signs come into compliance. She stated the Site Plan
Review must be complete before release of the Building Permit, and staff requests the Certificate of
Occupancy be held until the required improvements are completed,should the Improvements Agreement
and collateral be deemed acceptable.
Thomas Canzona, property owner, stated he has satisfactorily completed all requirements presented to
him by Planning staff. He requested the collateral be accepted so that a Building Permit may be issued,
and the church may begin working on the property. He stated he is agreeable to receiving the Certificate
of Occupancy after all improvements are completed. He stated he believes$1,800.00 is adequate for the
necessary improvements,and was never informed that bids had to be included in his estimate. He further
stated at his request, the association has agreed to remove illegal signs. Mr. Canzona stated the church
would like to place a temporaryA-frame sign at the entrance on Sunday mornings, until a permanent sign
is designed and permitted.
Steve Grant, Pastor of Destiny Christian Center,stated he is leading a church plant in Weld County,an area
considered low in religious faith. He stated the church is currently meeting in an old movie theater building
on 26th Avenue, and has entered into an agreement with Mr. Canzona to lease a warehouse to provide a
seating capacity for 125 people. He further stated an agreement has been reached with other tenants in
the complex regarding the shared parking areas,and he anticipates little conflict since the church will utilize
parking primarily during non-business hours. Mr.Grant stated he waited to start the building process until
the County approved a new process in March of 2005. He stated the church is trying to operate in good
faith, and will agree to the limitations set forth by staff regarding service times. He further stated he feels
like he is receiving unequal treatment, and that undue obstacles have been created to slow down the
building process. He stated the church must move out of its current building by September 15,2005, and
will have no place to meet if the new location is not ready for occupancy. He requested the Board consider
what has been done in good faith by the church, and consider the collateral amount sufficient to complete
the necessary work.
Minutes, August 22, 2005 2005-2505
Page 3 BC0016
Responding to Chair Jerke, Mr. Canzona stated he has built 600 to 700 homes in the Weld County area.
Further responding to Chair Jerke, Mr.Carroll stated he believes the applicant will not be able to complete
the improvements with the amount posted for collateral,and believe the estimate is several hundred dollars
short. Responding to Commissioner Vaad, Ms. Lockman stated staff is agreeable with Mr.Canzona placing
the plans for a permanent sign on the Site Plan. Chair Jerke stated he believes the work of Mr. Canzona
to be of high quality, and believes he will complete the work outlined in the Improvements Agreement. Mr.
Barker stated the only issues before the Board are the Improvements Agreement, and acceptance of the
collateral.Commissioner Long stated he believes the applicant will complete the improvements,and agrees
that the Certificate of Occupancy should be held until the work is complete. Commissioner Long moved
to approve said Improvements Agreement and accept collateral, and issue the Certificate of Occupancy
upon completion of the required improvements. The motion, which was seconded by Commissioner
Masden, 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 9:45 a.m.
,�. 'l�, I) BOARD OF COUNTY COMMISSIONERS
/ 1/u 4 WELD COUNTY, COLORADO
co �
1861 -,TEST.', '
William . erke, Chair
lerk to the Board
eile, Pro-Tem_
BY: �CC�(
eputy Cler< to the Board
Davi . Long
Robe . Masd
lenn Vaad
Minutes, August 22, 2005 2005-2505
Page 4 BC0016
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