HomeMy WebLinkAbout20042801.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 20, 2004
TAPE #2004-41
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, September 20, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 15, 2004, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on September 14, 2004, as follows: 1) Violation Hearings; and Hearings conducted on
September 15,2004: 1)COZ#629, Dallas and Marjorie Schneider;and 2) PF#1011, River Runs Through
It, LLC, c/o Doug Tiefel. Commissioner Long 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 Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2004-2801
BC0016
Et
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
All Funds $530,454.08
Electronic Transfers -All Funds $2,037.51
Commissioner Jerke moved to approve the warrants as presented by Mr. Hanes. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR PREVENTIVE HEALTH AND HUMAN SERVICES BLOCK GRANT AND
LETTER OF SUPPORT AND AUTHORIZE CHAIR TO SIGN: Gaye Morrison, Department of Public Health
and Environment, stated the grant, in the amount of$16,365.24,will be effective from October 1, 2004 to
September 30,2005. Ms. Morrison explained the funding will be used to provide immunization education
to physicians'and clinic staff and to cover the cost of co-hosting Spanish language radio health talk shows.
Responding to Commissioner Jerke, Ms. Morrison stated the County contracts the radio stations to provide
thirty-minute health talk show spots. She emphasized that there is a large volume of listener participation
through the radio program, and this has proven to be the best way to reach people in the Hispanic
community. Commissioner Long moved to approve the application. The motion,which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 35 BETWEEN WCR 66 AND STATE HIGHWAY 392:
Frank Hempen, Department of Public Works,stated the road closure will be from October4, 2004 through
November 19,2004 for bridge replacement. Responding to Chair Masden, Mr. Hempen reviewed the route
of the detour, stating it would not include any dirt roads. Commissioner Long moved to approve the
temporary closures. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR
TO SIGN - ROGER KEATON II: Mr. Hempen stated the cost of the easement is $350, and the cost for
removal and replacement of the existing fence will be $5,250. Responding to Commissioner Long, Mr.
Hempen gave a brief description of the fence, stating the owner has plans to construct a temporary fence.
Responding to Commissioner Geile, Mr. Hempen stated he had procured an estimate from a fencing
company to verify the cost of a new fence. Commissioner Long moved to accept the temporary
construction easement. The motion,which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR
TO SIGN - ROGER KEATON: Mr. Hempen stated the cost of the easement is $350, and the cost for
removal and replacement of the existing fence will be$6,165. He explained the fencing is a continuation
of the aforementioned fence. Responding to Chair Masden, Mr. Hempen stated the fence extends the full
length of the owner's frontage. Commissioner Geile moved to accept the temporary construction
easement. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003-PATEL RAMESH: Bruce
Barker,County Attorney,stated this petition,along with the following two petitions,protests the value placed
upon the property in 2003. Responding to Commissioner Jerke, Mr. Barker stated the County has six
months to respond to the petition. CommissionerJerke moved to continue the matter until September 27,
2004 at the 9:00 a.m. meeting. The motion, which was seconded by Commissioner Long, carried
unanimously.
Minutes, September 20, 2004 2004-2801
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 (SCHEDULE
#0801-31-0-00-024)-CERVI CATTLE COMPANY, LLC:Commissioner Long moved to continue the matter
until September 27, 2004 at the 9:00 a.m. meeting. The motion, which was seconded by Commissioner
Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 (SCHEDULE
#0963-06-0-00-001)-CERVI CATTLE COMPANY, LLC: Commissioner Long moved to continue the matter
until September 27, 2004 at the 9:00 a.m. meeting. The motion, which was seconded by Commissioner
Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002/2003 - TOWN OF
SEVERANCE: Mr. Barker stated the petition was submitted by Greg Bell, attorney for the Town of
Severance. Mr. Barker gave a brief history of the circumstances surrounding the valuation. Commissioner
Jerke moved to continue the matter until September27,2004 at the 9:00 a.m. meeting. The motion,which
was seconded by Commissioner Geile, carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO BOARD OF PUBLIC HEALTH: Commissioner
Jerke moved to approve the appointment of Linda Kautz and the reappointments of William Weitzel and
Denny Williams, with terms to expire May 23, 2007. Commissioner Jerke moved to approve the
appointment and reappointments. The motion, which was seconded by Commissioner Long, carried
unanimously.
CONSIDERAPPOINTMENTAND REAPPOINTMENT TO CHILD PROTECTION CITIZEN REVIEW PANEL:
Commissioner Long moved to appoint David Lawton and reappoint Shelley MartindelCampowith terms to
expire March 4, 2004. The motion, which was seconded by Commissioner Geile, carried unanimously.
PLANNING:
CONSIDER PARTIAL VACATION OF 3RD AMENDED USE BY SPECIAL REVIEW PERMIT #764 -
MONFORT, INC., C/O LOREN SHANKS, DREXEL, BARRELL AND COMPANY: Sheri Lockman,
Department of Planning Services,stated the purpose of the submission is to vacate unnecessary portions
of the Use by Special Review. Commissioner Geile moved to approve the partial vacation. The motion,
which was seconded by Commissioner Jerke, carried unanimously.
FINAL READING OF CODE ORDINANCE#2004-8, IN THE MATTER OF THE ADDITION OF ARTICLE XV,
HUDSON PLAN, TO CHAPTER 19, COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE: Commissioner Geile moved to read the Ordinance by title only. The motion,which was
seconded by Commissioner Jerke, carried unanimously. Mr. Barker read said title. Monika Mika,
Department of Planning Services, stated several property owners, residing within the urban growth
boundary and adjacent to the proposed site, are in the process of submitting home occupations to validate
their existing County uses. She explained that since the applications will not be submitted before the
Ordinance becomes effective,staff is asking the Board of County Commissioners to consider any pending
applications as lawful prior to the Intergovernmental Agreement becoming finalized. Responding to
Commissioner Jerke, Mr. Barker reviewed a letter, dated August 27, 2004, from Rocky Mountain Energy
Center, LLC(Calpine), suggesting revisions of definitions and the provision of water service to property in
the urban growth area. Mr. Barker cross-referenced the appropriate sections in Chapter 19 of the
Coordinated Planning Agreement. Mr. Barker referenced Comment #3 of the letter, stating Calpine will
have to apply for inclusion into the District to get water from the Town of Hudson (Town). Mr. Barker
explained he had been working with the Town Attorney for Hudson regarding this provision. Responding
to Commissioner Jerke, Ms. Mika stated the permit currently in use by Calpine is considered non-urban.
After much discussion, Mr. Barker stated further discussion needed to be conducted with Calpine and the
Town concerning the water issue.
Minutes, September 20, 2004 2004-2801
Page 3 BC0016
Julie Grimes, property owner, stated her concerns regarding a possible attempt by Calpine to bring its
remaining lands into the Town by annexation. Ms. Grimes stated she understood that Weld County Road
51 was not included in the Intergovernmental Agreement; and therefore Calpine would not be required to
be annexed. Ms. Grimes stated, as an adjacent property owner to the industrial park, she fears the
conservancy easement will never be created,and that the real plan is to turn the land surrounding the power
plant into industrial use. She emphasized the urgency of getting the easement put into place before the land
gets annexed into the Town.
Mr. Barker stated that whether or not the Agreement is in place, the Town could annex the property if a
petition came in from Calpine. He emphasized that the County has no say whether the Town can annex
or whether the Agreement is in place. Commissioner Jerke moved to continue the matter until October 6,
2004 at 9:00 a.m. The motion, which was seconded by Commissioner Long, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2004-8 was continued to October 6, 2004, at 9:00 a.m.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
` g no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
�JI J1a/ // WELD COUNTY, COLORADO
1861 l*S2n
O W4 1 Robert D. Masden, Chair
`� •,u t lerk to the Board
/JC/y��//a c William H. erke, Pro-Tem
BY: i(�A•� j( 1 i -
eputy Clerk to the Board r
M. J. n r &t civDavid E. Long (`
EXCUSED
Glenn Vaad
Minutes, September 20, 2004 2004-2801
Page 4 BC0016
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