HomeMy WebLinkAbout20041370 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 10, 2004
TAPE #2004-21
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 10, 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, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of May 5,2004,as printed. CommissionerJerke seconded the motion,and it 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 Long 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 $1,150,770.48
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2004-1370
BC0016
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NEW BUSINESS:
CONSIDER APPLICATION FOR COMMUNITY HEALTH INVESTMENT PROGRAM-PLATTE VALLEY
MEDICAL CENTER: Walt Speckman, Director of Department of Human Services, stated this is an
application for$10,000 for an ongoing program to provide dental, hearing,and vision services for seniors
60 years of age and older residing in southern Weld County. In response to Commissioner Jerke, Mr.
Speckman clarified the Department of Human Services identifies clients and assists with paying the health
costs, it does not provide the actual health services. He further stated there are similar contracts for other
regions of the County under which staff tries to find resources to help cover health costs for seniors.
Commissioner Vaad moved to approve said application. Commissioner Geile seconded the motion,which
carried unanimously.
CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES - EQUUS FARMS, INC.
(SCHEDULE#R4217486): Michael Sampson,Assessor's Office,stated this and following two items were
submitted by the same petitioner for three separate locations for the years 2001 and 2002,for a total of six
abatements. Mr. Sampson stated staff recommends denial of Schedule #R4217486 for both years
because there has been extensive additions and changes made to the site,which staff feels have increased
the value beyond the original valuation. In response to Commissioner Geile, Mr. Sampson stated this
property is a very nice nine-hole golf course. He explained this process was started when the petitioner
requested a reclassification of the lodge buildings from commercial to residential. He stated staff concurred
with the request; however,the golf course was left commercial. He further stated the corrections have been
made to the records for future use. In response to Commissioner Jerke, Mr.Sampson stated similar uses,
such as Bed and Breakfast facilities, do have split classifications based on the specific uses within the
facility(i.e. kitchens are commercial and rooms are residential). He stated at this particular site it would be
very difficult to prove that the lodges are commercial. Commissioner Jerke commented it seems very
apparent that the buildings are used for commercial purposes. Mr. Sampson concurred; however, he
reiterated it is very hard to prove, so they came to this arrangement for future assessments.Commissioner
Geile moved to deny said petitions as recommended by staff. The motion was seconded by Commissioner
Long, and it carried unanimously.
CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES - EQUUS FARMS, INC.
(SCHEDULE#R4239386): Mr. Sampson stated staff recommends the assessed valuation for 2001 be
adjusted to reflect amounts which he read for the record. Commissioner Geile moved to approve, in part,
said petition as recommended by staff. The motion was seconded by Commissioner Vaad. Commissioner
Vaad stated the adjusted amounts differ from the paperwork provided to the Board. Mr. Sampson reviewed
the adjusted amounts and stated the amended paperwork was not forwarded to the Board. Commissioners
Geile and Vaad withdrew their motion. Commissioner Jerke moved to continue the petitions for 2001 and
2002, to May 12, 2004, to allow staff adequate time to submit revised supporting documents.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF TAXES-EQUUS FARMS, INC. (SCHEDULE#R4217286):
Mr. Sampson stated staff recommends approval of the 2001 petition; however, the 2002 amounts were
appealed, therefore, staff recommends denial of the second petition. Commissioner Geile moved to
approve, in part, the petition for 2001, and deny said petition for 2002, as recommended by staff. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER TEMPORARY PERMIT FORATAVERN LIQUOR LICENSE FOR SIPRES LOUNGE, INC.,
DBA SIPRES LOUNGE AND AUTHORIZE THE CHAIR TO SIGN: Bruce Barker,County Attorney,stated
Sipres Lounge, Inc., is requesting a Temporary License to allow continued operation while the Transfer of
Ownership Application is being processed. He explained Mary Sipres is buying back the business from the
current licensee. In response to Chair Masden,Mr. Barker stated Mary Sipres leased the property and sold
the business; however, she agreed to let the current licensee out of the lease. Responding to
Minutes, May 10, 2004 2004-1370
Page 2 BC0016
Commissioner Geile, Ms. Sipres stated she will operate the business and then it will be turned over to her
sons when she retires. Mr. Barker added the license will be transferred from Teodulo Varela, dba Teo's
Lounge and Grill. Responding to Commissioner Jerke, Mr. Barker stated Mr.Varela,current operator, had
some issues; however, Ms. Sipres operated the business for many years prior to the transfer with no
concerns. No public testimony was offered concerning this matter. Commissioner Long moved to approve
said Temporary Permit and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER DISBURSEMENT CERTIFICATE FROM ESCROW AGREEMENT #13685400, AND
AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC, C/O CALPINE
CORPORATION: Frank Hempen,Jr., Director of Department of Public Works, stated an escrow account
was established to offset the costs of upgrading Weld County Road 51 from the 1-76 Frontage Road to
Highway 52. He stated this certificate requests $102,459.85 for expenses incurred in the design,
construction, utilities,etcetera. Commissioner Long moved to approve said Disbursement Certificate and
authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER LETTER AGREEMENT FOR LEASE OF A TWO-THIRDS SHARE OF LUPTON BOTTOMS
DITCH COMPANY AND AUTHORIZE CHAIR TO SIGN-CORKY CANTRELL:Mr.Barker stated under this
LetterAgreement the County pays the full amount,leases unneeded water to Corky Cantrell,and receives
a reimbursement from Mr. Cantrell at the end of the year. He explained this is done on an annual basis,
which allows the County to use the water, if needed. In response to Chair Masden, Mr. Barker stated the
water is used for augmentation. Commissioner Vaad moved to approve said Letter Agreement and
authorize the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER CONTRACT FOR UPGRADE OF PHONE SYSTEM AND PHONE MAIL FOR NEW PLANNING
AND ZONING BUILDING AND AUTHORIZE CHAIR TO SIGN - SIEMENS INFORMATION AND
COMMUNICATION NETWORKS, INC.: Mr.Warden stated under this contract the County will pay$23,065
to connect the new Planning and Zoning Building into the main switch in the Centennial Center.
Commissioner Long moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER AUTHORIZING CHAIR OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN CERTAIN
CONTRACTS AND AGREEMENTS: Mr. Barker stated this Resolution authorizes the Chair to sign various
agreements with municipalities for certain road work up to$10,000 without bringing the matter before the
entire Board. He reviewed the language which will be incorporated into the Code under Section 2-1-120,
which is consistent with what has been done with similar contracts. No public testimony was offered
concerning this matter. Commissioner Jerke moved to approve said Resolution. Commissioner Vaad
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW #346 -
ECKSTINE ELECTRIC COMPANY, C/O MIKE ECKSTINE: Sheri Lockman, Department of Planning
Services,stated Mike Eckstine has requested a release of collateral, in the amount of$26,590. She stated
the Departments of Public Works and Planning Services have reviewed and concur with the request. She
further stated the Department of Planning Services also feels it would be appropriate to waive a portion of
the seeding and landscaping requirements until adequate water is available to establish new plantings.
Commissioner Long moved to cancel and release said collateral as recommended by staff. The motion,
which was seconded by Commissioner Jerke, carried unanimously.
Minutes, May 10, 2004 2004-1370
Page 3 BC0016
CONSIDER RECORDED EXEMPTION#3789-RANDALL DUNCAN:Ms.Lockman gave a brief description
of the location of the site and stated Recorded Exemption #3789 was conditionally approved by staff on
February 6,2004. Ms. Lockman stated the matter is being brought before the Board to consider the issue
of a shared well as addressed in Condition of Approval#4.M.4, and she submitted proposed revisions to
Conditions of Approval #2.M.1 and #2.M.8, marked Exhibit A. In response to Commissioner Geile, Ms.
Lockman reiterated this application was approved by staff; however,the Board previously requested that
all shared well issues be reviewed by the Board on a case-by-case basis. Randall Duncan, applicant,
stated his wife,Tricia Leakey,has been assisting him with this project. He requested the last sentence of
Condition#4.M.4 be deleted because it does not allow for a shared well. He stated they drilled the well with
the intension of creating a shared well for the two lots,and they already have permission from the State to
share the water in accordance with State regulations. Mr. Duncan stated they intend to cooperate with the
County and negotiate language which will require an agreement with future owners of Lot A. Commissioner
Jerke commented in the future there will be two separate parcels that can be owned by separate parties,
which creates potential for contrary issues between the future owners. He stated language needs to be
included to ensure the issues are mitigated and resolved now to provide assurance to the future owners
that they will have water. Mr. Duncan concurred the future buyer will need to have control over their share
of the water, and he is willing to provide professionally prepared documents at the time of sale. Ms.
Lockman stated staff does not currently have an agreement form to provide to the public because each
case is slightly different. Mr. Barker stated the document should be provided by the land owner to represent
their best interests rather than a form being provided by the County. He further stated the County's primary
interest is to ensure that the issue is resolved;however,how it is accomplished is up to the property owners
who need to seek legal advise to protect their interests. He explained the County staff will be responsible
for reviewing the document provided to ensure the issues will be addressed. Ms.Lockman suggested the
following be added as a Condition of Approval, "The applicant shall submit a shared well agreement for
review and approval. The agreement shall address the use, access, maintenance, and payment for the
shared well. Upon approval,the applicant shall submit a signed copy and the appropriate recording fee to
the Department of Planning Services." Mr. Barker concurred with the proposed language. Commissioner
Jerke suggested"augmentation, if required"also be included in the new condition. Mr. Barker stated this
well was approved in 1994 as a shared well, so it is different from current well permits. Responding to
Commissioner Jerke, Ms. Lockman stated the Recorded Exemption will be approved conditional upon
completion of this additional requirement. The applicants concurred with the proposed changes. In
response to Commissioner Geile, Ms. Lockman stated the language should be added as Condition of
Approval#4.M.14. CommissionerJerke moved to approve Recorded Exemption#3789 for Randall Duncan,
with the Conditions of Approval as recommended. His motion also included deleting the last sentence of
Condition#4.M.4, modifying Conditions#4.M.1 and#4.M.8 as shown on Exhibit A,and adding Condition
#4.M.14 as proposed by Ms. Lockman, with the addition of"augmentation, if required". The motion was
seconded by Commissioner Long, and it carried unanimously.
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, May 10, 2004 2004-1370
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
,�..,` BOARD OF COUNTY COMMISSIONERS
��' WELD COUNTY, COL RQ ADO
ATTEST: LAP l/ , "ti1 \ \,b
11
I �86� (' aA�u•
� ' �'11. Robert D. Masden, Chair
Weld County Clerk to the Bo:�. ':
•a:J �/ William H. J e, Pro-Tem
Deputy Clerk to the board
eile
EXCUSED DATE OF APPROVAL
David Long
Gle Vaad
Minutes, May 10, 2004 2004-1370
Page 5 BC0016
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