HomeMy WebLinkAbout20042393.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 11, 2004
TAPE #2004-33
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 11, 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, Debra Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of August 9, 2004, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance#2004-8 by tape.
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 Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $585,669.89
2004-2393
BC0016
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Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - JOE AND OLGA
SPONSLER: Mike Sampson,Assessor's Office, stated this parcel is used for agricultural purposes and
recommended approval of the abatement. The petitioner was neither present nor represented.
Commissioner Vaad moved to approve the abatement. Commissioner Geile seconded the motion, and it
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - DURWARD AND
HELENA WALKER: Mr.Sampson stated this abatement involves a vacant lot adjacent to the petitioner's
main residence. He stated that although it is platted separately,the lot has been changed from the vacant
land assessment rate of 29 percent to the residential rate of 7.96 percent. The petitioner was neither
present nor represented. Commissioner Jerke moved to approve the abatement. Commissioner Vaad
seconded the motion, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - AFFORDABLE
COMMUNITY HOUSING TRUST-ZETA,C/O LAYNE MANN: Mr.Sampson stated the Assessor's Office
adjusted the value of this property after being informed by the State of it's rent restricted status. The
petitioner was neither present nor represented. Commissioner Geile moved to approve the abatement.
Commissioner Long seconded the motion, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - KAYLOR OF
COLORADO: Chris Woodruff, Chief Deputy Assessor, stated Kaylor was a new business last year that
did not file the Declaration Schedule in April2003,as was required. Mr. Woodruff stated the appraiser did
a best estimate valuation and sent out a Notice of Value(NOV). He explained the petitioner protested that
value in December of 2003, the petition was denied and this petition is coming before the Board as a
continued appeal from the special NOV protest. Mr. Woodruff stated the Assessor's Office has now
received the Internal Revenue Service depreciation schedule for the machinery and a complete list of the
office furniture and equipment; and based upon this new information, the assessed value has been
corrected to$38,610.00. The petitioner was neither present nor represented.Commissioner Long moved
to approve the abatement. Commissioner Long seconded the motion, and it carried unanimously.
CONSIDER APPOINTMENTS TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner Geile moved
to approve Thomas Joaquin as the law enforcement representative with a term to expire November 1,2006,
and Kristin Erwin and Angela Rizzuto to be appointed as the school district representatives with terms to
expire November 1, 2004. Commissioner Jerke seconded the motion, and it carried unanimously.
CONSIDER CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIR TO SIGN -
RENNOC CORPORATION: Mr.Warden stated this contract is for the purchase of a five-acre site for the
Southeast Weld Administration Building. Responding to Commissioner Jerke, Mr. Warden stated the
contract price is $200,000, which excludes right-of-ways, and the County will have until the end of
September 2004 to evaluate the site. Commissioner Long moved to approve the contract. Seconded by
Commissioner Geile, the motion carried unanimously.
Minutes, August 11, 2004 2004-2393
Page 2 BC0016
FINAL READING OF CODE ORDINANCE#2004-3, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 5 REVENUE AND FINANCE,AND
CHAPTER 12 LICENSES AND PERMITS,OF THE WELD COUNTY CODE: Commissioner Vaad moved
to read the Ordinance by title only with Commissioner Geile seconding the motion. It was approved
unanimously. Bruce Barker, County Attorney, read said title. Commissioner Jerke suggested the pre-
advertisement fee of$500 be adjusted to$100. He emphasized that there may be entities that are planning
to do major projects in Weld County and the overinflated pre-advertisement fee could be a determining
factor. Commissioner Geile agreed and stated an increase in the pre-advertisement fee would not only help
with time costs incurred with processing the pre-advertisement,but it should also help reduce the number
of continuances the Board has to deal with. Commissioner Jerke responded by stating he is only trying to
get a competitive fee that is in direct correlation to the time spent by the County to perform the services.
He moved to change the fee stated in Subsection 2-3-40.A from $500 to $100. Commissioner Geile
seconded the motion.
Commissioner Vaad argued that although the $500 fee may not be totally justified, he is opposed to the
motion. Because of the disruption of the regular schedule and all persons impacted by the work that has
to be done to prepare for early advertisement, he does not feel the $500 is unreasonable. He added it
probably will not be the small homeowner impacted by the increased fee. Commissioner Long stated the
County needs to keep the pre-advertisement as part of the Code, but increase the fee slightly and if it is
found over time that the amount is not justified, look at it again later. Chair Masden suggested the fee be
amended to a minimum of$100.
Mr. Barker read Section 2-3-40.D. Mr.Warden stated he feels the interpretation is not what is at issue; but
emphasized that if the required standards for pre-advertisement are met,the number of pre-advertisements
will be reduced. Mr. Barker added there are companies that regularly use the process and suggested they
be notified that the Board will be actively enforcing the standards dictated in the Ordinance. Carol Harding,
Deputy Clerk to the Board stated she e-mailed the four companies that pre-advertise on a regular basis,
asking them for comments regarding the increase in fees, and received no responses. Chair Masden
called for a role call vote and the motion carried four to one in favor of the fee being amended to$100,with
Commissioner Vaad voting against the amendment. Ms. Mika commented that the Planning Department
calls this the"fairness fee"and urged the Board to look at making some specific policy statements and then
directing those statements to the applicants. There being no public comment, CommissionerJerke moved
to approve Ordinance #2004-3 on final reading amending the fee for pre-advertisement to $100.
Commissioner Long seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE#2004-4, IN THE MATTER OF ADDING CHAPTER 10 SOCIAL
SERVICES,TO THE WELD COUNTY CODE: Commissioner Geile moved to read the Ordinance by title
only with Commissioner Long seconding the motion. It carried unanimously. Mr. Barker read said title.
Responding to Commissioner Jerke,Mr. Barker reviewed the two changes made to the policy. There being
no public comment, Commissioner Vaad moved to approve final reading of Code Ordinance #2004-4.
Commissioner Jerke seconded the motion, which carried unanimously.
PLANNING:
FINAL READING OF CODE ORDINANCE#2004-5, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 23 ZONING, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD
COUNTY CODE: Commissioner Long moved to read the Ordinance by title only with Commissioner Geile
seconding the motion. It carried unanimously. Mr. Barker read said title. There being no public comment,
Commissioner Long moved to approve final reading of Code Ordinance#2004-5. Commissioner Vaad
seconded the motion, which carried unanimously. Responding to Commissioner Jerke's concerns
regarding the airport zone, Mr. Barker reviewed Section 23-5-20 indicating the changes made. Regarding
the zones shown on Weld County Airport air space maps, Mr. Barker confirmed that in reviewing the maps,
Minutes, August 11, 2004 2004-2393
Page 3 BC0016
there are only seven-foot differences and conical height elevations did not change. Responding to
Commissioner Jerke, Mr. Barker stated this change does not in anyway represent approval of the Airport
Master Plan. On a call for the vote, the motion carried unanimously.
FIRST 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: Ms. Mika identified urban growth indicators within Weld County, and stated that
historically,the Town of Hudson's urban growth boundary in Weld County was identified to be one-half mile
from the existing sanitary sewer facilities. She stated, in August 2003 at the Planning Commission
Hearing, and after discussions with citizens and the Town, the Intergovernmental Agreement (IGA)
boundaries were modified. Ms. Mika reviewed the proposed IGA modifications and concluded that after
revision of the IGA boundaries, the Planning Commission found that the Town met all criteria. Ms. Mika
stated the Town of Hudson will provide water,and sewer within the Urban Growth Boundary Area; United
Power provides electrical needs; Hudson Volunteer District provides fire services;Weld County Sheriffs
Office provides law enforcement; and there are library services and a school district. She added the
criteria for public notification has also been met. In response to Commissioner Geile, Ms. Mika stated any
development of more than nine lots within the IGA requires Weld County to consider the Town's concerns.
Mr. Barker reviewed the annexation stipulation within the agreement.
Jim Landek,Administrator for the Town of Hudson,stated the purpose of the IGA is to provide cooperation
between the County and the Town of Hudson dealing with land growth potential. He confirmed the Town
and the IGA address resident concerns regarding taxation impact. Mr. Landek added the process has been
long and confusing; however, after assistance from County staff, the Town and the Board are in
concurrence regarding the IGA.
Julie Grimes, property owner residing across from the Rocky Mountain Energy Center(RMEC),voiced her
concern regarding the land that surrounds the RMEC. She asked that there be consistency in land use,
specifically land conservancy. Ms. Grimes added the residents are concerned the land surrounding the
RMEC may become industrial. Chair Masden responded he has spoken with the owner regarding the
conservancy issue. Responding to Commissioner Geile, Ms. Mika reviewed earlier proceedings regarding
RMEC,including a conservation easement. Jim Gooding,General Manager for RMEC,stated the company
is working through the conservation easement issue, and has instructed its attorneys to get it done.
Responding to Commissioner Jerke, Mr.Gooding stated the Company has no conflict with being included
in the IGA. Responding to Commissioner Long, Mr. Landek stated a conservation easement would be found
compatible as an inclusion to the IGA. Commissioner Geile moved to approve Ordinance#2004-8 upon
first reading. Commissioner Long seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Final Reading of Ordinances #2004-3, #2004-4 and #2004-5 was approved. First
Reading of Ordinance #2004-6 was also approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, August 11, 2004 2004-2393
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
Miediteei
W D COUNTY, COLORADO
ATTEST: rRobert D. Masden, Chair
«• �• rk to the Board
•�'� William Jerke, Pro-Tem
z"•�6r CI fir' he Board
, "5- M. J.
David E. Long
Glenn Vaad
Minutes, August 11, 2004 2004-2393
Page 5 BC0016
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