HomeMy WebLinkAbout20042873.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 27, 2004
TAPE #2004-42
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 27, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of September 22, 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 22,2004,as follows: 1) USR#1393, Beau Rappel and Jed Rappel,do Witwer,
Oldenburg, Barry and Johnson, LLP,Attn:Tim Clancy(con'tto 09/29/04). Commissioner Jerke 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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2004-2873
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $754,525.72
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003-PATEL RAMESH(CON'T
FROM 09/20/04): Mike Sampson, Assessor's Office, stated the 58-unit motel property had a 35 percent
occupancy in 2003. Mr. Sampson explained the petitioner did not file a protest for 2003 and based upon
income and expenses provided by the applicant, the value of the property was adjusted for 2004.
Commissioner Geile moved to approve the abatement. The motion, which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 (SCHEDULE
#0801-31-0-00-024)-CERVI CATTLE COMPANY, LLC(CON'T FROM 09/20/04): Mr.Sampson stated this
petition,along with the following petition,concerns a commercial feedlot. Mr.Sampson stated the petitioner
was concerned that the value was too high on the property improvements and, after discussions with Farm
Credit Services and Logan and Morgan Counties, the value of the feedlot was adjusted on a per head sale
basis. Commissioner Vaad moved to approve the abatement. 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(CON'T FROM 09/20/04):Mr. Sampson stated this
is the same property as discussed previously. Commissioner Vaad moved to approve the abatement. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002/2003 - TOWN OF
SEVERANCE (CON'T FROM 09/20/04): Bruce Barker, County Attorney, recommended continuing this
matter until October 4,2004 at the request of Greg Bell,attorney for the Town of Severance. Commissioner
Jerke moved to continue the matter to October 4, 2004 at 9:00 a.m. The motion,which was seconded by
Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003-CHARLES AND KARI
AUSTIN: Mr. Sampson stated the Assessor's Office recommended abatement due to the receipt of proof
of agriculture documentation. Commissioner Geile moved to approve the abatement. The motion,which
was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - EYE CENTER OF
NORTHERN COLORADO, P.C.: Mr. Sampson stated Poudre Valley Hospital was asking for a possessory
interest assessment, of 100 percent tax exemption, to all tenants leasing space in the Windsor Medical
Center. He explained the State ruled that there is no possessory interest, and required the Assessor's
office to classify the Windsor Medical Center as 84 percent taxable (the leased space) and 16 percent
exempt (the space occupied by the owner) for 2003. Mr. Sampson stated the leased space had been
double assessed,hence the requested abatement. Commissioner Jerke moved to approve the abatement.
The motion, which was seconded by Commissioner Geile, carried unanimously.
Minutes, September 27, 2004 2004-2873
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003-BRIDGET BAUER: Mr.
Sampson stated the property was changed from a residential tract to agricultural land, after proof of
agriculture documentation was provided. Commissioner Geile moved to approve the abatement. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR AGENCY ON AGING SENIOR NUTRITION
PROGRAM AND AUTHORIZE CHAIR TO SIGN - SAINT SCHOLASTICA CATHOLIC CHURCH: Walt
Speckman, Director of Human Services,stated this is a change of meal site location for the Senior Nutrition
Program. Responding to Commissioner Jerke, Mr. Speckman stated the new location is in Mead.
Commissioner Vaad moved to approve the memorandum of agreement. The motion,which was seconded
by Commissioner Jerke, carried unanimously.
CONSIDER GRANT APPLICATION FOR FEDERAL ASSISTANCE FOR REGION VII HEAD START
REFUNDING AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated this is the regional application for
the Head Start program. Responding to Commissioner Geile, Mr.Speckman stated there are 500 children
in the program in Weld County. Commissioner Geile moved to approve the grant application. The motion,
which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 55 BETWEEN WCRS 40 AND 42: Frank Hempen, Jr.,
Director of Department of Public Works,stated said closure for five days,commencing on September 27,
2004,will be for culvert replacement. CommissionerJerke moved to approve the temporary closure. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER CONTRACT FOR POTHOLING SERVICES FOR WCR 126 BETWEEN 1-25 FRONTAGE
AND WCR 17 AND AUTHORIZE CHAIR TO SIGN - COLORADO BORING COMPANY: Mr. Hempen
stated this is part of the five-year County Improvement Project. He explained the contract is to locate
utilities along the proposed roadway. Mr. Hempen stated the cost of the contract is$2,500. Commissioner
Geile moved to approve the contract. The motion,which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER AGREEMENT TO PURCHASE RIGHT-OF-WAY FOR IMPROVEMENTS TO WCR 13 AND
AUTHORIZE CHAIR TO SIGN - EDWARD BRAMMING, MARY BRAMMING, KATHY BRIM, JOHN
BRAMMING TRUST II, SUSAN TALBOT GSTTRUSTAND LISA BUTTS GST TRUST: Mr. Hempen stated
this is the first of 16 parcels the County will be acquiring for improvements to Weld County Road 13
between Weld County Roads 2 and 8. He stated the total cost is$9,770,which includes the acquisition of
the right-of-way and the cost to remove and replace an existing fence. Commissioner Vaad moved to
approve the agreement. The motion,which was seconded by Commissioner Geile,carried unanimously.
CONSIDER CHANGE ORDER NO. 1 FOR 2004 HOT IN-PLACE RECYCLING PROJECT AND
AUTHORIZE CHAIR TO SIGN-CUTLER REPAVING, INC.: Mr. Hempen stated the Change Order reflects
a contract price increase of$37,730.61, which will cover the cost of extending the project to include the
Town of Kersey main street. Commissioner Jerke moved to approve Change Order No. 1. The motion,
which was seconded by Commissioner Geile, carried unanimously.
Minutes, September 27, 2004 2004-2873
Page 3 BC0016
CONSIDER CHANGE ORDER NO.3 FOR WELD COUNTY BRIDGE 27/58A OVER SHEEP DRAW AND
AUTHORIZE CHAIR TO SIGN-STANTEC, INC. (SEAR-BROWN): Mr. Hempen stated this Change Order
will officially change the name on the original contract from Sear-Brown to Stantec, Inc. In addition, the
increase of the contract price by $9,032 will cover additional services, to include resetting the section
corner of State Highway 34, supplementary surveying for landowner's utilities and driveway, design of
landowner's leach field and private waterline which were impacted by the project,and the change of hourly
rate of pay for Stantec's construction staff. Commissioner Geile moved to approve Change Order No. 3.
The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE:TRANSFER OF CABLE TV FRANCHISE FROM GALAXY TELECOM LP
NOW KNOWN AS GALAXY CABLE, INC., DBA GALAXY CABLEVISION TO CHAMPION BROADBAND,
LLC: Cindy Giauque, Assistant County Attorney,stated Galaxy Telecom LP, now known as Galaxy Cable,
Inc., dba Galaxy Cablevision (Galaxy) currently holds a cable franchise with Weld County. Ms. Giauque
explained the franchise is due to expire on December 18, 2004, and due to the sale of its assets to
Champion Broadband, LLC (Champion), Galaxy is seeking to have the County franchise transferred to
Champion. Ms.Giauque reviewed the history of Champion and stated the service is not expected to change
as a result of this transfer. Responding to Commissioner Geile, Ms. Giauque stated there is no record of
complaints concerning quality of service and there are no past payment issues. Ms. Giauque stated
Champion will pay the County five percent of the amount collected from its subscribers and its coverage
area includes the River Valley Village Mobile Home Park and the Enchanted Hills and Casa Grande
Subdivisions. Commissioner Geile moved to approve the resolution. The motion, which was seconded
by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: DECLARE EXHIBITION BUILDING AT ISLAND GROVE PARKAS PART
OF THE TREASURER'S OFFICE FOR PURPOSE OF TAX LIEN SALE: Mr. Barker stated the tax lien sale
is scheduled for November 4, 2004. Commissioner Jerke moved to approve the resolution. The motion,
which was seconded by Commissioner Vaad, carried unanimously.
PLANNING:
CONSIDER MOBILE HOME PERMIT, ZPMH #2401 - RONALD GRABRIAN (CON'T FROM 06/28/04):
Wendi Inloes, Department of Planning Services, reviewed the application and the property location. Ms.
Inloes outlined the mobile home units in question and stated there are currently three existing trailers on the
property,with an additional trailer being proposed as a replacement. She explained three of the units have
existing permits and one has not been permitted. Ms. Inloes stated that staff approved Zoning Permit for
a Mobile Home (ZPMH) #2400 for the first unit and recommends denial of the remaining units for the
reasons outlined in the attached Exhibits. Ms. Inloes stated the applicant has requested housing for four
employees but has produced justification for only three employees. Citing Section 23-4-170c of the Weld
County Code, Ms. Inloes stated the applicant has not met the septic system criteria. Responding to
Commissioner Geile, Ms. Inloes stated Colorado State Department of Water Quality conducted an
inspection of the site on September 24,2004 and Mr.Grabrian will be working with the State to get the wells
properly permitted. Responding to Chair Masden, Ms. Inloes stated that ZPMH#2401 and#2402 have
failing septic systems that need to be brought into compliance, and as of September 24, 2004, there is no
permit forZPMH#2403. TrevorJiricek, Department of Public Health and Environment,stated ZPMH#2400
is permitted,#2401 and#2402 are discharging into the lagoon and staff is unable to find a permit forZPMH
#2403, which was installed before a permit was obtained.
Minutes, September 27, 2004 2004-2873
Page 4 BC0016
Ronald Grabrian, property owner,identified the location of ZPMH#2400 on the overhead,which he stated
he rents out. Mr. Grabrian stated a deal was negotiated with staff in 1984 that stated if the original home
was torn down, ZPMH#2400 would be issued; however, he stated the Department of Planning Services
has no documentation for this arrangement. Mr. Grabrian stated Trailers#2401 and#2402 were on the
property when he purchased it in 1972;however,they were replaced in 1982. He stated he has permits for
Trailers#2401,#2402 and#2403,which he wishes to replace since it burned down. Mr. Grabrian stated
his two full-time employees and one migrant employee were hired to help farm his property,tend his dairy
cattle,and operate his custom plowing and hay baling business. Responding to Chair Masden, Mr.Grabrian
stated ZPMH#2400 has been in existence since 1984 and is hooked up to a new septic system. Mr.Jiricek
stated there was a 1984 permit applied for; however,the system was never inspected and,technically,the
permit expired without a final inspection; however, staff will proceed with finalization.
Responding to Chair Masden, Mr. Jiricek stated staff had assumed the 1975 permit was associated with
ZPMH#2400,and if the 1975 permit is associated with ZPMH#2403, as stated by Mr. Grabrian, staff may
not have a permit for ZPMH#2400. Ms. Inloes stated staff has concerns about the two travel trailers being
up to code, as there is no record of them being permitted. Mr. Jiricek stated one septic system could be
used for two residences, if the system is designed according to County code. Mr. Jiricek summarized by
stating ZMPH#2403 has a septic system and is permitted; Mr. Grabrian has permits for ZMPH#2401 and
#2402; and ZMPH #2400 does not appear to have a permit; although it has been through the planning
process. Bruce Barker stated ZPMH#2400 has already been approved and, therefore, needs to be dealt
with separately. Commissioner Jerke moved to approve ZPMH#2401 with Conditions of Approval to include
an ISDS evaluation with the current conditions brought into compliance prior to the issuance of the required
permits. The motion,which was seconded by Commissioner Vaad, carried unanimously. There was no
public testimony.
CONSIDER MOBILE HOME PERMIT, ZPMH #2402 - RONALD GRABRIAN (CON'T FROM 06/28/04):
Commissioner Jerke moved to approve ZPMH #2402 with Conditions of Approval to include an ISDS
evaluation with the current conditions brought into compliance prior to the issuance of the required permits.
The motion, which was seconded by Commissioner Vaad, carried unanimously. There was no public
testimony.
CONSIDER MOBILE HOME PERMIT, ZPMH #2403 - RONALD GRABRIAN (CON'T FROM 06/28/04):
Commissioner Vaad moved to approve ZPMH#2403. The motion,which was seconded by Commissioner
Jerke, carried unanimously. There was no public testimony.
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.
Minutes, September 27, 2004 2004-2873
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
`EL COUNTY, COLORADO
*IS I� 4472a
"it Robert D. Masden, Chair
Clerk to the oard
�� William H. rke, Pro-Tern
(: qT; 2putiClerk t e Board -d
,,- /1 -de,M. J Gei e
EXCUSED
David E. Long
GI nn Vaad
Minutes, September 27, 2004 2004-2873
Page 6 BC0016
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