HomeMy WebLinkAbout20041054.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 5, 2004
TAPE #2004-15
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, April 5, 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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of March 31, 2004, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on March 31,2004,as follows: 1)A Site Specific Development Plan and USR#1437-Moises
Rodriguez; 2) A Site Specific Development Plan and 2nd Amended USR #542 - Duke Energy Field
Services;3) A Site Specific Development Plan and 3rd Amended USR#597-Duke Energy Field Services;
and 4) Change of Zone, PZ #1035 - Morris Quick and Mark Holliday, Go Marilyn Taylor, Red Baron
Development. 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 Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
2004-1054
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $828,706.14
Electronic Transfers -All Funds $58,406.15
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE CABLE UPGRADE FOR HUMAN SERVICES BID-DEPARTMENT OF FINANCE: Mr.Warden
stated staff recommends approval of the low bid from Sequel Communications, LLC, in the amount of
$34,261.46. Commissioner Vaad moved to approve said bid as recommended by staff. Commissioner
Long seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-WAR EAGLE EASTWOOD: Mike
Sampson, Assessor's Office, stated staff used an incorrect abstract, resulting in an assessment of
29 percent of the actual value. The petitioner was not present or represented. Commissioner Long moved
to approve said petition as recommended by staff. Seconded by Commissioner Geile,the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-JANET JOHNSON: Mr. Sampson
stated this is fora duplex which was double assessed after a split. Staff inadvertently left the duplex on two
parcel numbers. Commissioner Vaad moved to approve said petition as recommended by staff. Seconded
by Commissioner Geile , the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SUNSET MEMORIAL GARDENS,
C/O PROPERTY TAX RELIEF: Mr.Sampson stated staff recommends denial,since the request is based
on an acreage of 7.84 instead of 12.08 acres. Mr.Sampson stated the taxpayer is required,on an annual
basis,to notifythe Assessor's Office of the acreage which is available for plots. Only the remaining portion
is taxable. Mr. Sampson stated they have not received the proper paperwork, therefore, there is no
documentation to show how much has been absorbed over the past five or six years. He stated upon
receiving notice of a denial at this level,they will present the information,and staff can settle with them prior
to Board of Assessment Appeals. Responding to Commissioner Geile,Mr.Sampson stated only the portion
of ground available for plots is taxable, and it is based on the market value of the land when it was
purchased. He stated it is a depleting asset. Responding to Commissioner Jerke, Mr. Sampson stated
Linn Grove is owned and operated by the City of Greeley,and is not taxed. No public testimony was given.
Commissioner Jerke moved to deny said petition as recommended by staff. Commissioner Geile
seconded the motion, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CHARLES NELSON: Mr.Sampson
stated a house was inadvertently included on this parcel. Commissioner Long moved to approve said
petition as recommended by staff. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
Minutes, April 5, 2004 2004-1054
Page 2 BC0016
CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES-IRA DANIEL HOOKER,JR.
AND SAMMYE JANE HOOKER: Mr.Sampson stated this property was classified as residential;however,
after receiving notice of valuation,the owner has presented proof of agricultural use. Mr.Sampson stated
the petitions are for tax year 2002 and 2003. Commissioner Vaad moved to approve said petition as
recommended by staff. The motion was seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE (ON/OFF
PREMISES)AND AUTHORIZE CHAIR TO SIGN - LILLIAN GOOCH, DBA CROW VALLEY CAFE: Mr.
Barker stated there were no concerns expressed by the Sheriffs Office, therefore, he recommended
approval. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-AMAIZEING FARM EVENTS,LLC,DBAAMAIZEING FARM EVENTS: Mr.Barker stated the Sheriffs
Office reported no concerns regarding this application, therefore, he recommended approval.
Commissioner Jerke moved to approve, and Commissioner Vaad seconded the motion, which carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 59 BETWEEN WCRS 60.5 AND 62: Keith Meyer,
Department of Public Works, stated this closure is necessary for replacement of Bridge 59/60A. The
closure will be effective April 12,2004,through April 16,2004. Commissioner Geile moved to approve said
temporary closure as recommended by staff. Commissioner Vaad seconded the motion,which carried
unanimously.
CONSIDER ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR
TO SIGN-LYNN SMITH: Mr. Meyer stated this easement is along the abandoned Burlington Northern Santa
Fe Railroad near Weld County Road 390. He stated the material lying on the railroad bed was purchased
last year, and an easement across these last two pieces of property will allow uninterrupted use of the
material. Responding to CommissionerJerke,Mr. Meyer stated this is fill material instead of material being
mined, and it was aquired approximately one year ago, at a cost of$9,900 for 80,000 yards of material.
Commissioner Long moved to approve and accept said temporary construction easement and authorize
the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING REGARDING THE PROCUREMENT AND
ADMINISTRATION OF A LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR
WELD COUNTY ROAD 394 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-CITY OF
EVANS:Mr.Barker stated this Memorandum of Understanding is a result of the petition to the City of Evans
for annexation of Weld County Road 394. The Board of Commissioners approved the petition with the
condition that this agreement be in place prior to the final reading of the annexation petition. Mr. Barker
stated the agreement addresses procurement of a long-term road maintenance and improvements
agreement,regarding haul routes;coordinating the administration of the agreement;and completion of the
annexation of portions of Weld County Road 394 to allow continuity of jurisdiction by the City of Evans over
the area covered by the 13 annexation petitions previously discussed by this Board. Mr. Barker stated he
has spoken to Bruce Eisenhower,who has reviewed the agreement with staff. It will be considered by the
Evans City Council on April 6, 2004. Commissioner Jerke moved to approve said Memorandum of
Understanding and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously. Responding to Commissioner Geile, Mr. Barker stated he will be attending the meeting
tomorrow and he will express the Board's appreciation for the spirit of cooperation shown by Evans.
Minutes, April 5, 2004 2004-1054
Page 3 BC0016
PLANNING:
CONSIDER VACATION OF CONDITIONAL USE PERMIT,CUP#9-REGENT BROADCASTING OF FORT
COLLINS, INC.:Kim Ogle,Department of Planning Services,requested this item be continued to April 19,
2004,at 9:00 a.m. Commissioner Long moved to continue Conditional Use Permit,CUP#9,as requested
by staff. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USR#1423-HEATHER WIER: Chris Gathman, Department of Planning Services,
stated collateral has been received, and he recommended approval. Don Carroll, Department of Public
Works, stated he reviewed the agreement and is satisfied the quantities are adequate. Commissioner
Jerke moved to approve said agreement,authorize the Chair to sign,and accept the collateral for Use by
Special Review Permit #1423. The motion was seconded by Commissioner Vaad, 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.
There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: IQ 4® / y�/1�► Elsa \\\\ictD___
N � 0 Robert D. Masden, Chair
Weld County Clerk to the phiq'g:"ms's
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` sr William H. rke, Pro-Tem
BY:
Deputy Clerk to the Boar.���� H.
M. . e
David E. ong
Glen Vaad
Minutes, April 5, 2004 2004-1054
Page 4 BC0016
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