HomeMy WebLinkAbout20033098.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 5, 2003
TAPE #200341
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, November 5, 2003, 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 David E. Long, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of November 3, 2003, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
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.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $123,764.32
Electronic Transfers -All Funds $54,266.12
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2003-3098
BC0016
/07-O/-O_3
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
CONDUCT ORAL AUCTION FOR OIL AND GAS BIDS: Mr.Warden stated six parcels were listed for bid;
however,no bids were received for the first two parcels. He stated one bid was received from CFG Energy,
Inc.,for a 160-acre parcel located in the NW 1/4 of Section 9,Township 5 North, Range 61 West of the 6th
P.M.,Weld County,Colorado. He stated CFG bid$2,160.00,in addition to the$10 filing fee. He stated this
bid exceeds the $10 minimum bid amount and staff recommends approval. He explained any bid which
is within ten percent of the low bid, or is the second low bid, is qualified to participate in an oral auction.
CommissionerJerke moved to approve the sole bid from CFG Energy, Inc. Commissioner Vaad seconded
the motion, which carried unanimously.
Mr.Warden stated one bid was received from CFG Energy, Inc.,for the 119.51-acre parcel described as
Lot 3, and the SE1/4NW 1/4; E1/25W1/4 of Section 4,Township 5 North, Range 61 West of the 6th P.M.,
Weld County, Colorado. He stated CFG bid $1,195.10,which is the $10 minimum, plus a $10 filing fee.
Commissioner Geile moved to approve the sole bid from CFG Energy, Inc. Commissioner Vaad seconded
the motion, which carried unanimously.
Mr. Warden stated one bid was received from EnCana Energy Resources, Inc., for a 160-acre parcel
located in the NW1/4 of Section 12, Township 7 North, Range 64 West of the 6th P.M., Weld County,
Colorado. He stated EnCana paid the$10 filing fee,and bid$2,570.00,which exceeds the$10 minimum.
Commissioner Vaad moved to approve the sole bid from EnCana Energy Resources, Inc. Commissioner
Jerke seconded the motion, and it carried unanimously.
Mr. Warden stated one bid was received from EnCana Energy Resources, Inc., for a 160-acre parcel
located in the SE1/4 of Section 10, Township 7 North, Range 64 West of the 6th P.M., Weld County,
Colorado. He stated EnCana paid the$10 filing fee,and bid $2,570.00,which exceeds the$10 minimum.
Commissioner Vaad moved to approve the sole bid from EnCana Energy Resources, Inc. The motion was
seconded by Commissioner Geile, and it carried unanimously.
OLD BUSINESS:
CONSIDER HEARING CONCERNING THE RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT
LIQUOR LICENSE FROM SIMON CORP, DBA SIMON'S BAR AND GRILL(CON'T FROM 10/20/2003):
Bruce Barker,County Attorney,stated the owners of the Travelodge have completed the Site Plan Review
process for the property leased by Simon Ryu,and all of the zoning matters have been resolved. No public
testimony was offered concerning this matter. Commissioner Geile moved to approve the renewal
application for Simon Corp,dba Simon's Bar and Grill,and authorize the Chair to sign. The motion,which
was seconded by Commissioner Vaad, carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - STATE FARM MUTUAL
AUTOMOBILE INSURANCE: Michael Sampson,Assessor's Office,explained a corrected notice of value
was sent because the May valuation did not include two new buildings on the property. Mr. Sampson
submitted a packet of comparable valuations, marked Exhibit A,which he reviewed for the record,and he
explained the various methods used to support staff's valuation. In response to Commissioner Geile, Mr.
Sampson stated the petitioner used a 9.5 percent capitalization rate, and also added in the tax rate. He
stated the petitioner's value essentially eliminates the value of one entire building on the site. Responding
further to Commissioner Geile, Mr. Sampson stated these buildings are not specific to a particular type of
company or use, therefore, there is no functional obsolescence. He further stated the petition did not
present any market sales, and their valuation is based solely on the income approach. Chair Pro-Tem
Masden noted the petitioner was not present for the record. In response to Commissioner Jerke, Mr.
Minutes, November 5, 2003 2003-3098
Page 2 BC0016
T
Warden stated although this petition is for 2003,the Assessor has to re-certify by December 10th,and the
Board sets the mill levy by December 15th, so if this petition is approved it will be addressed. He further
stated if the deadline is missed,then it becomes abated property,and the difference can be recovered the
subsequent year,which is allowed under Tabor. Mr.Sampson stated even if this petition is appealed to the
State,the abatement amount will be reported for this year. Commissioner Geile moved to deny said petition
as recommended by staff. Commissioner Vaad seconded the motion. Commissioner Jerke stated he
would like to support this petition based on the recent election regarding the Gallagher Amendment;
however,he feels staff's arguments are adequate to support a denial. Chair Pro-Tem Masden concurred.
There being no further discussion, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- LINCARE, INC.: Duane Robson,
Assessor's Office,stated Lincare, Inc.,has requested partial abatements for the 2001 and 2002 tax years.
He stated during those years Lincare's declarations were summaries of the equipment classifications.
However, they have since submitted a detailed listing of all the equipment, and a large portion of it falls
below the $250 consumable rule, so it should not be counted in the valuation. Mr. Robson stated staff
agrees with the 2001 value once the consumables are removed; however,they recommend denial of the
2002 petition because Lincare filed a timely protest, which was denied and is not eligible for abatement.
In response to Commissioner Geile,Mr. Barker concurred with staff's recommendation regarding the 2002
petition. Commissioner Vaad moved to approve the 2001 petition in part and deny the 2002 petition as
recommended by staff. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RON EHRLICH REAL ESTATE,
LLC/LOT HOLDINGS INV., LLC: Mr.Sampson stated the petitioner's appeal was granted in 2003 and the
value adjusted accordingly, because several of the lots in the subdivision are affected by oil wells which
restricted building. He stated staff recommends approval of this petition for 2002 to remain consistent with
the appeal approved in 2003. Commissioner Jerke moved to approve said petition as recommended by
staff. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION REQUESTS FOR WAGNER PEYSER
AND REED ACT FUNDS AND AUTHORIZE CHAIR TO SIGN:Walt Speckman, Director of Department of
Human Services, stated these requests will increase funding for the Wagner Peyser and Reed Act
Programs. Commissioner Vaad moved to approve said requests and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this application is requesting funding for the basic
nine-month Head Start Program for the 2004 program year. In response to Commissioner Jerke, Mr.
Speckman stated this is solely for Weld County and does not include the western slope programs.
Responding to Chair Pro-Tem Masden and Commissioner Geile, Mr.Speckman stated there are 13 centers
throughout the County,each with different arrangements through the various school districts;and they also
work with BOCES. Commissioner Geile moved to approve said application and authorize the Chair to sign.
The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 3 BETWEEN WCR 12 AND STATE HIGHWAY 52: Frank
Hempen, Jr., Director of Department of Public Works, stated this portion of road will need to be closed on
November 10, 2003, for approximately seven weeks to replace Bridge 312/B. He stated the current
structure has a low sufficiency rating,and this project will correspond with anticipated improvements in the
area. CommissionerJerke moved to approve said temporary closure. Commissioner Geile seconded the
motion, which carried unanimously.
Minutes, November 5, 2003 2003-3098
Page 3 BC0016
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR
DECEMBER 3,2003:Commissioner Vaad moved to cancel the Board meeting scheduled for December3,
2003,due to the lack of a quorum. Commissioner Geile seconded the motion,which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT
COLLATERAL FOR USE BY SPECIAL REVIEW #1382 - VETERINARY PROPERTIES, LLC: Chris
Gathman, Department of Planning Services,stated the applicant is requesting that$55,000 be released,
with the remaining $5,000 to be held until the landscaping is complete. He stated they have submitted a
letter agreeing to install the landscaping by May 1,2004,and if the work is not completed the applicant and
Wells Fargo will release the funds to Weld County to finish the project. Mr. Gathman stated the
Departments of Planning Services and Public Works and the County Attorney's Office have reviewed the
collateral and feel the amount is adequate to complete the landscaping portion. Donald Carroll, Department
of Public Works,gave a brief description of the location of the site,which he found to be a clean and well-
constructed facility. Commissioner Vaad moved to cancel said collateral and accept the replacement
collateral for Use by Special Review Permit#1382 for Veterinary Properties,LLC,in the amount of$5,000.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
PLANNING OLD BUSINESS: (Clerk's Note: The Resolutions for the following items were previously
removed from the 10/22/2003 Consent Agenda for reconsideration.)
RECONSIDER RECORDED EXEMPTION #3648- RONALD WARNER: Mr. Barker stated because the
Board agreed to reconsider this matter, they need to review the information as if it were for the first time.
Chair Pro-Tem Masden advised Ronald Warner,applicant,that he has the option of continuing this matter
to a date when the full board will be present. However, if he decides to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Commissioner Long will listen to the record and make the
determining vote. Mr.Warner indicated he would like to proceed today.The Board reviewed a letter,dated
November 4, 2003, from Grimshaw and Harring, marked Exhibit G, as well as the previous Exhibits A
through F, submitted on October 22, 2003. Commissioner Jerke commented he was not present on
October 20,2003,when this was first heard by the Board,so he requested a full review of the issues. Sheri
Lockman, Department of Planning Services,stated Mr.Warner applied for four Subdivision Exemptions for
lot line adjustments and one Recorded Exemption overlapping Subdivision Exemption#1001. She stated
the lots are situated on an old railroad right-of-way spur, and she showed the prior and proposed
configurations. Ms. Lockman stated Weld County Road 10 does not exist to the north; however, Weld
County Road 8 to the south does exist. She stated a portion of railroad right-of-way to the north no longer
exists, but the remaining right-of-way has been deemed a critical railway. She indicated the surrounding
properties which have been annexed,and those which remain in unincorporated Weld County. Responding
to Commissioner Geile, Ms. Lockman stated the properties to the west, Dacono Estates to the southeast,
and Weld County Roads 10 and 8 have been annexed to Dacono;and the lots to the east are still in Weld
County. Responding to Commissioner Jerke, Ms. Lockman stated Weld County Road 10 has not been
constructed,and the applicant is proposing a road along the railroad,with the lots ranging in width from 100
to 200 feet wide. Mr.Barker stated there are currently four narrow lots,and this proposal will modify the lot
lines and create an additional lot. In response to Commissioner Masden, Mr. Barker stated this property
is very similar to an enclave.
Mr.Warner displayed oversized aerial photographs,marked Exhibits H, I,J,and K.and stated some of the
surrounding properties are proposed for annexation;however,it is not official. He stated that neither he nor
the Railroad Company were notified of the proposed annexation, and he gave a brief description of the
surrounding land uses,which are primarily agricultural in nature. He further stated the narrowest portion
of the lots is 102 feet wide, and excluding the easement leaves 70 feet. Mr. Warner stated since the last
meeting,he has been working with the City of Dacono and the County Attorney's Office in an effort to make
Minutes, November 5, 2003 2003-3098
Page 4 BC0016
the four existing parcels more buildable and more consistent with other parcels in the area. He stated the
historical studywas done by an adjacent developer who previously contemplated purchasing this land. He
explained the studywas required due to the contemplated higher density of lots;however,since Mr.Warner
is only doing five lots, a study is not required and this is not considered a historical property. Mr. Warner
stated he offered to provide a road easement crossing his property, as well as a 30-foot utility easement
along the north property line of Subdivision Exemption#1002;however,that offere was declined. He stated
the Central Weld County Water District has installed an eight -inch water line on his property for fire
hydrants,and they plan to go north three-quarters of a mile to serve properties in Weld County. He further
stated he intends to install underground power utilities,with a transformer at the center of each property.
Mr.Warner stated septic systems would be installed based on site-specific perk rates. He stated there is
250 feet of access frontage along Weld County Road 8,as well as 350 feet along the section line for Weld
County Road 10. He explained the access is referenced on his title commitment,and he reviewed a deed,
dated 1905, for the record. (Switched to Tape #2003-42.) He stated he has received no notification
regarding condemnation of his property. Responding to Commissioner Jerke,Ms. Lockman stated these
were determined as separate legal lots as fee simple ownership and there is title ownership. Mr.Warner
stated he has proposed an eyebrow at Weld County Road 8 for safety issues, but he will work with the
Department of Public Works for the final design. He further stated there will be a perpetual easement for
the road on the title for each lot; and there will be Covenants to address road maintenance. Mr. Warner
stated currently Weld County Road 10 does not exist; however,if it is constructed in the future,the internal
road or easement would be connected. Mr. Barker explained a property is considered an enclave if it is
entirely surrounded by a municipality, which is not the case with these properties.
Ken Dell,Tetra Tech RMC, Inc., represented the City of Dacono and stated no new information has been
presented since the last meeting,therefore they are still opposed. He stated the Dacono Comprehensive
Plan designates the area adjacent to the abandoned railroad right-of-way for medium-density residential.
He stated under the St.Vrain Valley Open Lands and Trail Plan,which was completed in 2000,the railroad
right-of-way is part of a trail system from Highway 52 to Weld County Road 8. Mr. Dell stated there are
numerous sections in the Weld County Code which support the denial of this project, which are outlined
in the letter they provided,dated September 9,2003. He stated this property is eligible for annexation,and
the City of Dacono is willing to accept a petition from the property owner. He stated if this is approved, it
will be impossible to have continuity of utilities or streets going from east to west through Section 13. In
response to Commissioner Jerke, Mr. Dell stated they have not been provided with evidence that Mr.
Warner owns four fee simple lots; however, they are aware that he acquired the lots through Quit Claim
Deeds. Responding to Commissioner Vaad, Mr. Dell stated he is not aware of Mr. Warner offering
easements for roads or utilities, and he represents no other property owners in Section 13.
Karen Cumbo,Dacono CityAdministrator,stated the letter,dated August 2002,referencing the City's intent
to use eminent domain in an effort to preserve the trail corridor, was sent before the property was
transferred to Mr.Warner,and they have not discussed the issue further. She indicated the location of the
Legacy Trail, and they are working with other entities to address the connections to the Platte River Trail
Corridor. She stated the Dacono Estates property is in the annexation process; however,it is not complete.
She further stated proposed Subdivision Exemption#1003 is an enclave. Ms.Cumbo stated Weld County
Road 8 was annexed in 1992 and was not challenged at that time. She stated if the City of Dacono were
to grant access onto Weld County Road 8,they would request the appropriate amount of right-of-way be
dedicated for widening, since it is in their Transportation Master Plan as a major arterial. She stated the
Plan also designates Weld County Road 10 to be constructed in the future,which will also require some
land dedication for right-of-way. She expressed concern with this proposal for five homes to be served by
only one access. Ms. Gumbo stated the adjacent uses are currently agricultural; however, the area is
planned for development in accordance with the Comprehensive Plan for medium-density residential. In
response to Commissioner Jerke, Ms. Cumbo stated it appears Mr.Warner has four buildable lots, even
if this proposal is denied.
Minutes, November 5, 2003 2003-3098
Page 5 BC0016
Steve Foley,adjacent property owner and developer,stated he did make an offer for the railroad property,
however, it was sold to Mr. Warner. Mr. Foley stated they had originally planned to cross this property to
connect the adjacent developments; however, they are not willing to pay an excessive amount for an
easement. He stated the City of Dacono and area developers have invested a significant amount of time
and money to develop the City's Comprehensive Plan and bring infrastructure into the area,and he feels
the City of Dacono could come to an understanding with Mr. Warner to make a feasible development.
There being no further comments, Chair Pro-Tern Masden closed public testimony.
Mr.Warner stated he understood the trail system would not cross his property, rather,it would cross at the
canal which is on annexed property. He stated,according to the Weld County Attorney's Office,one house
on each lot is not considered a development. Commissioner Geile requested the applicant only address
those issues raised in public testimony. Mr.Warner referenced the oversized maps,marked as Exhibits H,
I,J,and K,and described the150-foot railroad easement,as well as the proposed trail system. He stated
the other purchase offers were made in writing after his offer was accepted by the railroad company. He
reiterated that proper notice was not made to the railroad company at the time Weld County Road 8 was
annexed. Mr. Warner stated the eight-inch water line that runs through his property is owned by Central
Weld County Water District which indicated his proposal will not have an adverse effect on their servicing
abilities. He stated one access should be adequate to serve five houses, and he is willing to make
additional accommodations for emergency vehicles. He further stated he does have title insurance on the
property, and he is willing to provide a utility access.
Commissioner Geile commented although there are four legal lots,he has heard no testimony stating that
there are any development rights. Mr. Barker stated Mr. Warner's development rights are the same as
those held by any other property owner to construct a residence, as well as any use allowed by right. He
stated the only limitations may be building code setback requirements. In response to Commissioner Jerke,
Ms. Lockman reiterated Mr.Warner is applying for lot line adjustments on the Subdivision Exemption lots,
and, in addition, he is requesting a Recorded Exemption on Subdivision Exemption #1001. She further
stated if the setback requirements could be met, the applicant currently has four legal lots; however,staff
has concerns with the intent of what the parcels were originally created for.
Commissioner Jerke commented that although this is not the best proposal, he feels property rights are
very important and he would encourage Mr. Warner to continue working with the City of Dacono and the
surrounding developers to come to establish how this property can best be used.
Commissioner Geile commented there are still questions regarding the title work on this property. He
expressed concern with a proposal to develop a mile-long, narrow strip of land in the middle of other
developments being processed by the City of Dacono under its Comprehensive Plan. Commissioner Geile
stated Section 24-8-40.J of the Weld County Code indicates the proposal must be consistent with sound
land use planning practices, and it appears this proposal will hinder the urbanization of Section 13. He
stated the Board does have some coordination obligations because the property is within the Urban Growth
Boundary of the Intergovernmental Agreement with the City of Dacono. He further stated this does not
complywith Section 24-1-30.Afor assisting orderly and integrated development,and there are still access
issues to be resolved. He stated today's testimony did not provide adequate reasons to justify a change
in his vote from October 20, 2003.
Commissioner Vaad stated there are four legal lots; however,there is some concern that they may not all
be buildable due to setback requirements. He stated he originally denied the requests due to access
issues. He stated although testimony verified that access is available,the terms of the Intergovernmental
Agreement are very important. He stated that although he is very concerned for the personal property rights
of the constituents of Weld County, he feels Mr.Warner has at lease three buildable lots,and he does not
support these applications for Subdivision Exemption lot line adjustments or a Recorded Exemption.
Minutes, November 5, 2003 2003-3098
Page 6 BC0016
1
Chair Pro-Tern Masden stated the access to the current and proposed lot configurations is perplexing. He
stated that although personal property rights are very important,the Board must also balance the terms of
the Intergovernmental Agreement with the City of Dacono. He stated Mr.Warner currently has four legal
lots, therefore, he does not support this proposal.
In response to Commissioner Vaad, Mr. Barker stated the Board needs to make five separate motions
regarding the reconsideration of these applications. Commissioner Geile moved to deny Recorded
Exemption#3648 for Ronald Warner based on the reasons previously stated. The motion was seconded
by Commissioner Vaad. Upon a call for the vote, the motion carried with Commissioner Jerke opposed.
RECONSIDER SUBDIVISION EXEMPTION#1000-RONALD WARNER:Commissioner Geile moved to
deny Subdivision Exemption#1000 for Ronald Warner based on the reasons previously stated. The motion
was seconded by Commissioner Vaad. Upon a call for the vote, the motion carried with Commissioner
Jerke opposed.
RECONSIDER SUBDIVISION EXEMPTION#1001 -RONALD WARNER: Commissioner Geile moved
to deny Subdivision Exemption #1001 for Ronald Warner based on the reasons previously stated. The
motion was seconded by Commissioner Vaad. Upon a call for the vote, the motion carried with
Commissioner Jerke opposed. In response to Commissioner Vaad, Mr. Barker stated denial of these
applications will have no effect on the existing legal lots.
RECONSIDER SUBDIVISION EXEMPTION#1002-RONALD WARNER: Commissioner Geile moved to
deny Subdivision Exemption#1002 for Ronald Warner based on the reasons previously stated. The motion
was seconded by Commissioner Vaad. Upon a call for the vote, the motion carried with Commissioner
Jerke opposed.
RECONSIDER SUBDIVISION EXEMPTION#1003-RONALD WARNER: Commissioner Geile moved to
deny Subdivision Exemption #1003 for Ronald Warner based on the reasons previously stated.
Commissioner Vaad seconded the motion. Upon a call for the vote,the motion carried with Commissioner
Jerke opposed.
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, November 5, 2003 2003-3098
Page 7 BC0016
There being no further business, this meeting was adjourned at 11:15 a.m.
BOARD OF COUNTY COMMISSIONERS
Lk/
WELD COUNTY, COLORADO
ATTEST: 7N„xk �/ ��'�-�� EXCUSED
• � Dc' _c?.i-
BYvid E. Lon Chair
Weld County Clerk t 1��
: G� C �' ' J ?Jr
Robert D. sden, Pro-Tem
Deputy Clerk to the Boar :.. �..
M. J. eile
William H. Jerke
Glenn Vaad U/
Minutes, November 5, 2003 2003-3098
Page 8 BC0016
1
Hello