HomeMy WebLinkAbout20032070.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 11, 2003
TAPE #2003-33
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, August 11, 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
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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 6, 2003, 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 August 6,2003,as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit#1423-Heather Weir, 2)A Site Specific Development Plan and Planned Unit Development Final
Plan, PF#1021 -REI, LLC;and Certification of Board of Equalization Hearings conducted on July 24, 25,
28, 29, 31, and August 1, 4, and 5, 2003. Commissioner Jerke seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2003-2070
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $895,896.88
CommissionerJerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-L&E FOODS, INC.:Mike Sampson,
Chief Appraiser, stated he has reviewed this parcel and is recommending an adjustment be made to set
the assessed value at$445,000. He said the property was purchased in July,2000,for$480,000,then was
repurchased in May,2002,for$445,000. Mr.Sampson said this property is the old Dairy Queen in Windsor,
and the property owner claims there is no value because it was being remodeled;however,two sales during
the appropriate period of time showed there was value. Les Norfagan, President of L & E Foods, Inc.,
stated that since the business was closed from May,2001,until May,2002 when he purchased it,property
taxes should not be assessed. He stated it was vacant until he reopened it on July 2,2003. He also stated
he was not notified of his rights to appeal in 2002 and further explained the building was useless,with no
generation of income. Mr.Norfagan stated he had to borrow money to pay the taxes on a commercial piece
of property without a commercial operation being operated,and the property should have been valued as
vacant land, since that is what he purchased. Responding to Commissioner Jerke, Mr. Norfagan stated
he purchased the property for$445,000 on May2,2002. Mr.Sampson stated the original sale,on June 30,
2002,was in the amount of$480,000, and further stated Mr. Norfagan was not the owner of record as of
the first of 2002,and he did not lose the right to appeal,since this abatement process is his right of appeal.
Responding further to Commissioner Jerke, Mr. Norfagan stated the value should be$122,540,which is
the current valuation on the land. Responding to Commissioner Vaad,Mr.Sampson stated the assessment
rate for commercial property is 29 percent, whether or not it is vacant; and if Mr. Norfagan was only
purchasing the land for$445,000,it is under-assessed. Mr. Norfagan also stated the County has previously
issued abatement of taxes to people like Monfort when they closed up;however, Mr.Sampson stated that
Monfort's closure occurred some 20 years ago, and he has no knowledge of what happened then.
Commissioner Jerke moved to deny the petition in part and approve in part, to set the assessed value at
$445,000. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR REGIONAL HEAD START AND
AUTHORIZE CHAIR TO SIGN:Walt Speckman,Director of Human Services,stated this is an amendment
to the regional Head Start program. Currently, Frederick has a full day,full year program,as well as a half
day program;however,they have had trouble filling the classroom. Ft. Lupton has requested a Head Start
Program be started, since they have kids that will not be served. Mr. Speckman stated staff is
recommending two half day programs in Ft. Lupton,which would increase the number of children being
served from 15 to 30,and leave the half day program in Frederick. Mr.Speckman further stated there would
be no additional cost, and no changes in the budget; however, the teachers would be moved to the Ft.
Lupton site. Mr. Speckman stated the Ft. Lupton School District is volunteering classroom space,
transportation,and food. CommissionerJerke moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 10 BETWEEN WCRS 5 AND 7:
Frank Hempen,Jr.,Director of Public Works,stated this is to followup on requests to review the speed limit,
which is currently 55 miles per hour. He stated the department conducted a traffic study,which showed
85th percentile speeds range from 34to40 miles per hour. Mr. Hempen also noted there are 17 entrances
along this one mile segment;therefore, he recommends 35 miles per hour as a more appropriate speed,
because this stretch of road meets the standards for residential posting. Commissioner Vaad moved to
Minutes, August 11, 2003 2003-2070
Page 2 BC0016
approve said reduction in speed limit,as described in the draft resolution to install traffic control devices,
The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen stated this is a routine request for the persons listed in the letter attached to the
draft resolution. Commissioner Geile noted Mary Jane Bletz is on the list, and stated the County is
negotiating with the Poudre River Trail group; therefore, he requested this be worked out through Bruce
Barker, County Attorney, so that it will not impede negotiations concerning the Poudre River Trail.
Commissioner Geile moved to amend the resolution to delete Mary Jane Bletz from the resolution. The
motion,which was seconded by Commissioner Jerke,carried unanimously. Commissioner Vaad moved
to approve the modified resolution. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER APPOINTMENT TO WELD-LARIMER REVOLVING LOAN FUND COMMITTEE:Commissioner
Jerke moved to appoint William Hedberg to replace Philip Neville to the Weld/Larimer Revolving Loan Fund
Committee. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE BOARD OF COUNTY COMMISSIONERS TO ADJOURN
AS BOARD OF EQUALIZATION FOR CALENDAR YEAR 2003: Commissioner Jerke moved to approve
the draft resolution. The motion, which was seconded by Commissioner Masden, carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#74-HIGHLAND DAIRY, LLC: Chris
Gathman,Department of Planning Services,stated AgPro Environmental Services,on behalf of Highland
Dairy, LLC, is proposing to vacate Use by Special Review Permit#74 as a Condition of Approval for Use
by Special Review Permit #1395, which allowed a 10,000 head dairy with six mobile homes as an
accessory to the farm. Commissioner Masden moved to vacate said Use by Special Review Permit#74.
The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#53-AURORA DAIRY CORPORATION:
Mr. Gathman stated AgPro Environmental Services,on behalf of Aurora Dairy Corporation, is requesting
vacation of Use by Special Review Permit#53 as a Condition of Approval for Use by Special Review Permit
#1405,which allowed a 2,500 milking cow dairy. Responding to CommissionerJerke,Mr. Gathman stated
this is the dairy that was innovative and hooked up to a public sewer. CommissionerJerke moved to vacate
said Use by Special Review Permit#53. The motion,which was seconded by Commissioner Vaad,carried
unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ROAD MAINTENANCE AND IMPROVEMENT
AGREEMENT(ON-SITE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL-RAIN FOR RENT,
C/O LEFEVER BUILDING SYSTEMS: Mr. Gathman stated this agreement is being presented as a
Condition of Approval for Amended Site Plan Review#158 for Western Oil Field Company, dba Rain for
Rent. He stated a Payment Bond has been received in the amount of$5,937.00,which is sufficient for all
landscaping on the project,and he indicated there are no road improvements or items requested from the
Department of Public works. Commissioner Vaad moved to approve said agreement,authorize the Chair
to sign, and accept the collateral as stated. Seconded by Commissioner Jerke, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Minutes, August 11, 2003 2003-2070
Page 3 BC0016
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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
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D vid E. Lon , Chair
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William H. JerkeSAAAtv 1}60-,
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Glenn Vaad
Minutes, August 11, 2003 2003-2070
Page 4 BC0016
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