HomeMy WebLinkAbout20041925 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 12, 2004
TAPE #2004-28
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, July 12, 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 July 7,2004,as printed. Commissioner Geile seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on July 7, 2004, as follows: 1) USR#1473, Tom Keberlein, c/o Otis, Coan and Stewart, LLC.
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.
2004-1925
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $227,773.12
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR IMPROVEMENTS TO WCR 51
AND AUTHORIZE CHAIR TO SIGN - ROBERT AND DAWNA GUDKA: Frank Hempen, Jr., Director of
Public Works, stated this agreement is necessary to convert a temporary construction easement to a
permanent easement, in order to extend a drainage pipe on the Weld County Road 51 project. He stated
the cost of the easement is$500.00. CommissionerJerke moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER LONG TERM ROAD MAINTENANCEAND IMPROVEMENTS AGREEMENTANDAUTHORIZE
CHAIR TO SIGN-HALL IRWIN CORPORATION: Don Carroll, Department of Public Works,stated this is
in conjunction with Use by Special Review Permit#1435, for the Nissen Pit area access. He stated the
agreement covers the haul route and improvements to the pit entrance on Weld County Road 58,traveling
east to Weld County Road 47.5,then south to U. S. Highway 34. He stated the agreement requires a two
week notice if they will be hauling west for special projects in the nearby area. Mr. Carroll stated the project
will include additional overlays on Weld County Roads 58 and 47.5,as well as intersection improvements,
and improvements at the entrance of the facility, flashing lights to accommodate school buses, and
re-striping at the Highway 34 intersection. Responding to Commissioner Jerke, Mr. Carroll stated the
agreement will be in effect for as long as the pit is operating, and including any reclamation work that will
be required. Responding further to Commissioner Jerke, Mr.Carroll stated the haul route does not include
Weld County Road 49. Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER CONTRACT FOR ENGINEERING SERVICES FOR WCR'S 64.75, 23, AND 66 AND
AUTHORIZE CHAIR TO SIGN-KBN ENGINEERS, LLC: Mr. Hempen stated this agreement will provide
engineering services for the design of the curves in the Department of Public Works project, in order to
assure the appropriate traffic configuration is included to handle the future development in the area. He
stated this is the project being done adjacent to the Owens-Illinois facility. Responding to Commissioner
Vaad, Mr. Hempen stated the timing is somewhat crucial, since part of the site work for the new facility is
to construct the south curve. Commissioner Vaad moved to continue this matter to July 14, 2004, at
9:00 a.m., since he had additional information to discuss with the Board. The motion,which was seconded
by Commissioner Geile, carried unanimously.
CONSIDER ASSESSED VALUATION OF TAXABLE PROPERTY AND MASTER PROTEST LOG-REAL
PROPERTY: Chris Woodruff,Assessor's Office, presented a summary of the abstract of assessment for
real property, and stated new construction and change in the use of land were the only properties
reappraised this year. He stated the total assessed value for real property is$2,488,889,920,which is an
increase of$478,416,830, or 24 percent. Mr. Woodruff discussed the Calpine facility, which has a value
of$22,000,000 which is assessed by the State. Mr.Woodruff stated a total of 1,017 protests were received,
and 269 of those were denied. Commissioner Geile moved to accept said Taxable Property and Master
Protest Log. Commissioner Jerke seconded the motion, which carried unanimously.
Minutes, July 12, 2004 2004-1925
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-FORT COLLINS WOMEN'S CLINIC:
Mike Sampson,Assessor's Office,stated this item of business, along with the next item,concern properties
which were assessed to individuals, and also assessed to the clinic. He recommended approval of said
petition. Commissioner Vaad moved to approve said petition as recommended by staff. The motion,which
was seconded by Commissioner Long, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- FORT COLLINS YOUTH CLINIC,
P. C.: Commissioner Jerke moved to approve said petition as recommended by staff. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BUCK GRAYBILL, JR.: Mr.
Sampson stated a market study indicated the property was overvalued,therefore,the value was reduced
in 2004, and this will bring 2003 to the same value. He recommended approval of the petition, and also
stated an appraisal was done in 2002. The taxpayer was neither present nor represented. Commissioner
Geile moved to approve said petition as recommended by staff. The motion was seconded by
Commissioner Long, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-RICHARD AND TAMI SPAULDING:
Mr. Sampson stated this property was reappraised and the value was too high;therefore,the quality of the
house was changed to reflect the sales of similar buildings. Mr. Sampson stated some of the outbuildings
were also reclassified, which lowered the overall assessment. The petitioner was neither present nor
represented. Commissioner Vaad moved to approve said petition as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER FIRSTAMENDMENTTO LICENSE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-LAST
CHANCE DITCH COMPANY: Bruce Barker, County Attorney, stated this amendment is necessary
because the work on the bridge was not completed on time, therefore, the date of the contract is being
extended to January 1, 2006. Commissioner Long moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY DISPATCH SERVICE AND
AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON AND FORT LUPTON FIRE PROTECTION
DISTRICT: Mr.Warden stated this agreement has been under negotiation for quite some time, and is the
agreement under which both the Fort Lupton Police Department and Fire Protection District will be brought
into the Regional Communications Center for dispatching. He stated the City will be brought on January 1,
2005, and the Fire District will be brought on December 1, 2004. Both entities have agreed to the costs,
and the Communication Center is prepared to take on the additional load. Mr.Warden stated dispatchers
will be trained over the next several months. Chair Masden stated the E-911 Board has been working on
this for quite awhile. Responding to Commissioner Jerke, Mr.Warden stated the cost will be$230,000 for
the City; and $30,000 - $32,000 for the Fire District. He stated credit was refunded to those two
jurisdictions, amounting to .5 mill for the appropriate years, and they will split the refund 80/20 according
to their separate agreement. Commissioner Long moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER AMENDMENT TO 401(K)SAVINGS PLAN AND AUTHORIZE CHAIR TO SIGN-PRINCIPAL
FINANCIAL GROUP: Mr.Warden stated Principal Financial Group acts as the administrator of the 401(k)
program, and the changes will offer additional investment options to employees in the plan. Commissioner
Jerke moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
Minutes, July 12, 2004 2004-1925
Page 3 BC0016
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE REVIEW PLAN #368 - MASS INVESTMENTS, LLC: Mr. Carroll stated he
reviewed the agreement on April 22, 2004, and all transportation items appear to be adequate.
Commissioner Jerke moved to approve said agreement, authorize the Chair to sign, and accept the
collateral for Site Plan Review #368 for Mass Investments, LLC. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
(Changed to Tape #2004-29)
CONSIDER RENEWAL OF ZONING PERMIT FOR A MOBILE HOME, ZPMH #1165 - EUGENIA AND
DAVID HARRIS(CON'T FROM 06/14/04): Bethany Salzman, Department of Planning Services,stated on
April 23, 2004, staff met to discuss renewal of this permit; however, staff feels there is not enough
justification to allow the continuation of an accessory to the farm. She stated there is also a second mobile
home on the property, for which a permit was not located. Ms. Salzman stated the resident of the other
mobile home provides supervision to a part-time employee. Eugenia Harris, applicant, presented
paychecks from the first of the year for her employees; a statement from Terry Holmes, manager of the
property who is partially disabled; a letter from Russell Stradley, the year round, part-time employee who
currently lives in the larger mobile home;a lease agreement between Virginia and Harvey Kinch and Wayne
and/or Kaye Harris for approximately 37 acres of pasture; a statement from Heiko and Monika Eichler
stating Ms. Harris grazes cattle on 20 acres of their land; a notice from Virginia Kinch,surrounding property
owner,stating the small mobile home was in place priorto 1980. Ms. Harris also presented a bill for drilling
a livestock well, Well Permit#248944, and pictures of the property. (All items were included in Exhibits A
through D.) Ms. Harris stated she has no copies of anything, because she was considering selling the
property in the mid 90's and gave all the paperwork to the real estate agent at that time; however, the real
estate agent lost the paperwork, and she is left without copies of the permits she once had. Ms. Harris
stated that approximately two years ago, she advertised for months and could not find part-time help;
therefore, at that time she rented the small mobile home to enable her to pay day labor. However,she could
not afford to keep day labor,since one weekend cost$250. David Harris stated he had a knee replacement,
and hsi wife had back surgery. Ms. Harris,stated she has been managing the property for years, since she
moved there in 1980, and she knew nothing about requirements for a certain number of acres. She stated
they made investments in the mobile homes, since it is the only way in which to pay part-time help. Rick
Bowie, part-time employee,stated he works for Ms. Harris from March through October, in an effort to help
out his brother-in-law. Ms. Harris stated it is not appropriate to use the income on the property since she
was in a car accident and totally disabled for two years. She explained that she settled for$100,000 for loss
of income,which distorts what was actually made from the property. Responding to Commissioner Geile,
Ms. Harris stated she purchased the 18.75 acres in August 1983, and there was nothing on the property
except the old trailer that Mr. Holmes lives in,which is not permitted. Ms. Harris stated that the two part-time
employees live in the larger trailer. Ms. Harris stated she also had a well drilled for livestock watering; and
she leases 20 plus 37 acres. Responding to Commissioner Geile, she stated the pastures she rents are
adjacent to her property on the north and south.
Ms. Salzman stated staff is concerned that the 20 acres to the north are being claimed by the neighbor for
his own Zoning Permit for a Mobile Home and, therefore, cannot be used to justify this permit. Ms. Harris
stated she has a signed statement that she uses the 20 acres for grazing cattle. Mr. Bowie stated they
move the cattle there and back every day. Commissioner Geile stated that, whether it is 57 or 85 acres,
the Zoning Permit is for an accessory to the farm and there can only be one accessory to the farm,
therefore the non-permitted mobile home still creates a problem. Ms. Harris stated she has a permit for the
other one; however, the paperwork was lost by the Real Estate agent. Ms. Salzman indicated the non-
permitted mobile home has a pending violation on it, and the ZPMH application stated only one residence
Minutes, July 12, 2004 2004-1925
Page 4 BC0016
was on the property besides the mobile home. Responding to Commissioner Jerke regarding the income
amounts on the 1040 form, Ms Harris stated the amount of line#10 for other income was for judging fees,
and sale of some heifers. Ms. Harris stated she could only work a little bit during the time she was disabled.
Commissioner Jerke stated labor was hired at a cost of$14,000, which appears to include two or three
employees; however, because of the small amount of income,this almost appears to be a hobby farm, not
truly agricultural. Ms. Harris stated the low labor cost is because housing is provided, and she has been
doing this since 1969 and it is definitely not a hobby. She stated she works hard, and after back surgery,
she is just now getting back to her normal workload. Commissioner Jerke stated he does not see the
balance between the expenses and the income. Responding to Commissioner Vaad, Ms.Salzman stated
Ms. Harris could apply for a Recorded Exemption and,depending on how she configured lots, may be able
to keep the mobile home on the second lot,with the main house on a separate lot; however,that would not
resolve the issue with the second mobile home. After further discussion, Ms. Harris stated the second
mobile home was there before she moved in, and Chair Masden stated the size is 10 feet by 50 feet.
Commissioner Geile, after looking at the pictures, stated it probably is a mobile home.
Commissioner Jerke moved to deny the renewal of ZPMH#1165 for Eugenia and David Harris, and stated
this is not how agricultural uses have been defined in the past, due to the small size of the operation,along
with the sales which generate income. He stated the applicant is missing a true opportunity to do a
Recorded Exemption on the property,which would allow her to develop a more economic opportunity,with
separate ownership. Commissioner Vaad seconded the motion, and stated with the need for the two
residences, the option remains for a Recorded Exemption, which allows more options overall; however,
it does not solve the problem of the second mobile home. On a call for the vote, the motion carried
unanimously. Commissioner Geile asked Mr. Barker to explain the available options to Ms Harris.
Responding to Ms. Harris, Commissioner Jerke stated that, based on her pictures, the entire property is
grassland, and the County typically requires hundreds of acres to make three or four employees viable.
Commissioner Geile stated his major concern is the two mobile homes on the property, and Mr. Barker
stated he will explain it to Ms. Harris.
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, July 12, 2004 2004-1925
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
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EXCUSED DATE OF APPROVAL
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Minutes, July 12, 2004 2004-1925
Page 6 BC0016
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