HomeMy WebLinkAbout20041443.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 17, 2004
TAPE #2004-22
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, May 17, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of May 12,2004,as printed. Commissioner Geile seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Violation
Hearings conducted on May 11,2004,and Hearings conducted on May 12,2004,as follows: 1) USR#1471,
Robin Thomas; 2) USR #1467, Prima Oil and Gas Company, Attn: Carol Myers; and 3) USR #1441,
Farmland Reserve Inc./John Creer, c/o AGPROfessionals, LLC,Attn: Lauren Light. Commissioner Geile
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 Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
2004-1443
BC0016
QS=zy_o�
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,038,099.89
Electronic Transfers -All Funds $1,154.61
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TITLE III AND VII ANNUAL GRANT APPLICATION FOR AREA AGENCY ON AGING
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Walter Speckman, Director of Human Services,stated
this is the basic annual grant. He stated the funding will provide$556,000 to cover programs such as the
long term care ombudsman, legal services,congregate meals, home delivered meals, in-home services,
Hispanic senior outreach, adult day care, peer counseling, and family caregiver services. Responding to
Commissioner Geile, Mr. Speckman stated this is the same approximate level of funding as last year.
Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001, 2002 AND 2003 -
RES-0310,C/O TIMOTHYCLANCY: Mike Sampson,Assessor's Office,stated there are a couple of issues
surrounding this petition. He explained there was a lease in place in November, 2003, at the time of
purchase by RES-0310,and the current owner has no standing in either 2001 or 2002. Mr.Sampson stated
that because there was no ownership, there was no financial harm. Responding to Commissioner Geile,
Mr. Sampson stated this petition is for the old State Farm office complex in Evans,which was vacated by
State Farm late in 1999. At that time,a lease agreement was executed,with a group of investors,a portion
of whom were owners of the property where the new State Farm building is located. In 2000, the property
was transferred to a leasing company, called Tri-Point,which then sold it to the UNC Foundation, also in
2000. Mr.Sampson stated the UNC Foundation held the property until November,2003,when it was sold
to the current owners. He stated UNC did not file an appeal on the property, since State Farm Insurance
was the party that had paid the taxes for 2001 and 2002, through the triple net lease on the property. Mr.
Sampson stated Tri-Point did not have legal standing to appeal the taxes during those two years.
Responding to Commissioner Geile, Mr.Sampson stated the UNC Foundation is not a tax-exempt entity,
and it would have been responsible for the taxes if they had not been paid for by State Farm. Responding
further to Commissioner Geile, Mr. Sampson stated there was an appraisal done by an outside appraiser
for$11.5 million at the time of the exchange,which is$1.5 above the Assessors value at that time. Cyndy
Giauque,Assistant County Attorney, stated the case cited by Mr. Clancy in his documentation does refer
to standing abatement cases; however, a party must have legal standing in order to file, and must also
show actual injury. Ms. Giauque stated the party appears to have legal standing, since the current owner
does have an assignment of UNC's authority;although,there is no actual injury because the current owner
did not pay, nor was he obligated to pay those taxes for 2001 and 2002. Ms. Giauque stated the current
owner can file for 2003, even if they only owned the property for a portion of the year. Tim Clancy,
representing RES-0310,stated he does not disagree with Ms.Giauque,and reiterated his client does have
a legal right to file. As to actual injury, Mr. Clancy reviewed the history of calls and responses with the
Assessor's Office, and stated he only found out this morning that the documentation that is missing is the
assignment from the party that paid the taxes,or State Farm Insurance. He was not previously aware that
the assignment was missing,and he stated his concern that if he agrees to withdraw the petitions for 2001
and 2002,the assignment may be in his file;therefore,he would like time to verify whether it is there or not.
Responding to Commissioner Jerke, Mr. Clancy stated his client began paying towards the purchase of
Minutes, May 17, 2004 2004-1443
Page 2 BC0016
the property in the middle of last year. Responding to Chair Masden, he stated if there is no assignment
in the file, he will withdraw the petitions for 2001 and 2002.
In regards to the 2003 petition, Mr.Sampson stated the information provided to him was predicated on the
sale of property in November of 2003 for$2,858,000;however,he contends the sale has no standing,since
it is well outside the base period which is to be considered under Colorado Statute. Mr. Sampson stated
for the taxes paid in 2003,which is based on the 2002 valuation,the base year to be considered is January
1, 2001, through June 30, 2002. He stated the property was appraised by Wes Foster in 2000, for$11.5
million. At that time,the Assessor's valuation was$10,096,418. During the base period for 2001 and 2002,
Mr. Sampson stated, the triple net lease was strongly in place, with State Farm paying all the expenses.
He stated the lease was at$87,500; however,the last twenty months of the lease dropped to$72,728 per
month. Mr. Sampson stated the lease, plus a ten percent capitalization rate, is very close to the value as
determined by the Assessor's Office,and no information has been provided to show the value is incorrect.
Responding to Commissioner Jerke, Mr.Clancy stated his client is concerned with the actual value of the
property in 2002, in order to understand whether it was overvalued in 2003. He stated the Assessor must
somehow make an estimate of the value,through appraisals,such as the market approach,which judges
comparable sales. Mr.Clancy stated in this case,the actual sale in November,2003 should be the correct
manner of establishing value, since there is no legal impediment to using a sale outside the base period,
although the Board of County Commissioners may determine how much weight to give that information.
However, Mr. Clancy stated, the computation of the value of the property during the base period is based
upon the income stream,and he has evidence to that amount. Commissioner Geile stated the Board may
need to see 2001 and 2002 determination before deciding about 2003. CommissionerJerke stated he has
always understood a sale outside the base period cannot be considered,although Mr.Clancy is now giving
different information. Mr. Sampson reiterated the base period during which property must be valued is
January 1,2001,through June 30,2002. Ms.Giauque stated the valuation based on that base period is the
value that would apply to the 2003 taxes. She stated it is a Statutory time period that must be adhered to.
Mr.Sampson indicated a sale in November of 2003 would not be considered for quite some time,since the
next base period to be considered will be January 1, 2002 through June 30, 2003. Responding to
CommissionerJerke, Ms.Giauque stated she is not aware of any challenge or case law stating otherwise.
Mr.Clancy stated the sale is independent of other evidence which can substantiate a lower value. He stated
the lease is not a reliable indicator of the property's value, and the lease is due to expire. He stated the
Board should look, not at the current lease payment, but at the future payment a lease might bring. Mr.
Clancy reiterated the Board should look at the lease rate available in the market for that building. He stated
the lease was above the market rate; therefore, it should be discounted. Commissioner Geile stated the
June 30,2002 is an important date to look at; however,after further discussion,Commissioner Vaad moved
to continue this matter to June 7, 2004, at 9:00 a.m. The motion, which was seconded by Commissioner
Geile, carried unanimously. Commissioner Long stated it would be helpful for the parties to work out the
parameters of evidence that will be considered at the meeting on June 7, 2004, and Mr. Clancy stated he
would work that out with Ms. Giauque.
CONSIDER TEMPORARY CLOSURE OF WCR 16.5 BETWEEN WCRS 1 AND 5: Frank Hempen, Jr.,
Director of Public Works, stated this closure is to facilitate the installation of a cross road pipe. He stated
this is part of the drainage for the Weld County Road 3.75 project, and it will carry wastewater and storm
water runoff. Commissioner Long moved to approve said closure. Seconded by Commissioner Jerke,the
motion carried unanimously.
CONSIDER AMENDMENT TO MINING LEASE FOR SAND, GRAVEL, AND AGGREGATE AND
AUTHORIZE CHAIR TO INITIAL DOCUMENT-DARWIN DERRAND BROKEN ARROW INVESTMENTS,
LLC: Lee Morrison,Assistant County Attorney,stated Mr. Derr's banker requested clarification on the first
page of the lease, to specify the amount of material to be removed is a minimum of 250,000 cubic yards
Minutes, May 17, 2004 2004-1443
Page 3 BC0016
of material per year. Commissioner Vaad moved to approve said amendment and authorize the Chair to
initial the appropriate paperwork. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER FIRST AMENDMENT TO AGREEMENT FOR DISPATCH SERVICES AND AUTHORIZE
CHAIR TO SIGN-BANNER HEALTH,DBA NORTH COLORADO MEDICAL CENTER: Mr.Warden stated
this is the agreement for Air Life dispatch services, in the amount of$52,678.50. Commissioner Jerke
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Vaad,
the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR INDIAN HEAD SUBDIVISION,S#97
-SCENIC RANGE, LLC:Jacqueline Hatch, Department of Planning Services,stated a site investigation was
performed on May 11,2004, and staff recommends release of said collateral. Don Carroll, Department of
Public Works,state he visited the site last week, and he also recommends release. Commissioner Jerke
moved to release said collateral, as recommended by staff. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT#1465-DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI:
Ms. Hatch stated a request was received to preadvertise Use by Special Review Permit#1465, which is
for a home business of parking trucks and trailers. She stated the request is being made because of
various delays in the Planning Commission hearing process and failure of staff to publish proper notice of
the permit. She stated the property is currently in violation for operating a home business. Commissioner
Long moved to approve said request for Preadvertisement, and schedule Use By Special Review Permit
#1465 to be heard June 23, 2004, at 10:00 a.m.. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER RECORDED EXEMPTION#3745-ELIZABETH SAUTER:Ms. Hatch stated staff recommends
denial,because the 2.5 acre minimum lot size required by Section 24-8-40.L of the Weld County Code has
not been met. Ms. Hatch stated the site consists of 5.21 acres, and is proposed to be divided into two lots;
however,because of County road rights-of-way,the parcels are less than 2.5 acres. Ms. Hatch stated other
options are available, including the vacation of the rights-of-way on Weld County Roads18 and 59, or
requesting annexation into the Town of Keenesburg. Elizabeth Sauter,applicant,stated she purchased this
5.2 acre parcel after speaking with two separate planners, who both indicated the split looked feasible.
Because of the rights-of-way, there is not enough acreage in each parcel to meet the 2.5 acre minimum
lot size. She stated the rights-of-way could be vacated; however, her impression after speaking to the
Department of Public Works, is that seeking relief from the 2.5 acre minimum requirement is the better way
to go. Ms. Sauter stated the Colorado Division of Water Resources has indicated two domestic wells are
feasible based on the current permit. She stated if there is a future problem with the septic, there would
be adequate room available for another one to be included. She presented a plot plan, marked Exhibit A,
demonstrating the location of homes,wells,and septic systems. Responding to Chair Masden, Ms.Sauter
stated she would like to see the rights-of-way vacated;however, her impression was that would be a more
difficult undertaking because of the number of property owners involved. Mr. Carroll presented an aerial
picture of the site, and stated Weld County Road 59 has portions where one-half of the road has been
annexed into Keenesburg,and there is a combination of ownership on the remaining portions. Mr. Carroll
stated Weld County Road 59 does deadend at 1-76,and it cannot go any further. He stated the right-of-way
along Weld County Road 18 is of no use to the County, since it cannot go anywhere. Responding to
Commissioner Geile, Mr. Barker stated the IGA with Keenesburg is more recent than the annexation which
allowed them to take only half the road. Commissioner Vaad indicated he would be more comfortable
making the decision outside the vacation,and responding to his inquiry, Ms.Sauter stated the net acreage
is 1.92 for Lot A and 2.28 for Lot B, after the rights-of-way are subtracted. Responding to Commissioner
Minutes, May 17, 2004 2004-1443
Page 4 BC0016
Vaad, Ms. Hatch stated the 2.5 minimum acre requirement is because of the well required, and a one acre
net is required for a municipal water supply. Commissioner Jerke stated he is not sure when the
requirement was adopted; however, on a parcel such as this one,with physical constraints, where there
are existing rights-of-way with no other functions available to degrade the water supply, he would rather
consider the gross acreage than the net. Responding to Chair Masden, Mr. Carroll stated Weld County
Road 18 is easier to vacate. Ms. Sauter stated she would have to reconfigure the split,to allow each lot to
be at least two acres. Responding to Mr. Barker, Mr.Carroll stated the plat indicates the property ownership
goes all the way to the section line. Mr. Barker stated that any property owned in Weld County that has
right-of-way over it, is only burdened by the right-of-way for the surface use; however, in this instance, Ms.
Sauter does have 2.5 and 2.6 acres of property ownership,although a portion is subject to the right-of-way
for the use of the surface. He stated underneath the surface is where the problem is with the well and
septic,therefore, in essence the 2.5 rule has been met in terms of both septic and water. Mr. Barker stated
staff usually looks at the area outside the right-of-way; however, in this instance, the Board can consider
the gross acreage. No public testimony was given. Commissioner Jerke stated the intent of the 2.5 rule
is easily met, this is not an urban setting, the adjacent land cannot contain wells and septic systems;
therefore, he moved to approve the request of Elizabeth Sauter for Recorded Exemption#3745,with the
Conditions of Approval in the draft resolution. The motion,which was seconded by Commissioner Long,
carried unanimously. Responding to Chair Masden, Ms.Sauter indicated she agrees with the Conditions
of Approval.
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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
filleZ 4 . %tcllL—•
Robert D. Masden, Chair
= �. ►►y� . the Board
1861 ( Y•' 1/lli✓�
_ '•: �' �I William H.J- e, Pro-Tem
r; x Cite the the Board
M. eile -
Davie Long
Glenn Vaa.
Minutes, May 17, 2004 2004-1443
Page 5 BC0016
Hello