HomeMy WebLinkAbout20031804.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 14, 2003
TAPE#2003-27
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 14, 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 - EXCUSED
Commissioner William H. Jerke - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of July 9, 2003, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on July 8, 2003: 1)Violation Hearings; and to continue certification of a hearing conducted on
July 9, 2003: 1) Change of Zone, PZ#1004 - LifeBridge Christian Church do TETRA TECH RMC, to the
next meeting since he was not at said hearing. Commissioner Masden seconded the motion,which carried
unanimously.
AMENDMENTS TO AGENDA: Chair Long added the following under New Business: 13) Consider
Assessed Valuation of Taxable Property and Master Protest Log - Real and Personal Property [2003-
1843].
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2003-1804
BC0016
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
All Funds $1,201,224.64
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-THE FORT 21,LTD,DBA THE FORT 21 (CON'T FROM 06/30/03):Bruce Barker,County Attorney,
stated this matter was continued from June 30, 2003, to allow him time to find out whether the sting
operation conducted by the State involved any licensed establishments in Weld County. He stated the
operation only occurred in municipalities, and was only geared to off-premise licensed facilities and
packaged 3.2 percent beer facilities;therefore,it did not involve any taverns. Mr. Barker further stated the
Liquor Enforcement Division stated there were no problems with this license. No public testimony was
given. Commissioner Vaad moved to approve said renewal and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR ATEMPORARYASSEMBLY OF MORE THAN 350 PERSONS-RONALD
MCDONALD HOUSE CHARITIES OF DENVER,INC.:Mr. Barker stated this and the next item go together
for the benefit of the Ronald McDonald House Charities of Denver, Inc.,which is the applicant. However,
he stated,it is being assisted by some members of a radio station out of Windsor. Mr. Barker further stated
everything on both applications is complete and he recommends approval. Responding to Commissioner
Masden, Ismael Aldana,co-applicant,introduced Jesse Rodriquez-Gallegos,who owns the radio station
as well as the land where the event will be held. Mr. Aldana stated it is approximately 80 acres of land;
however, they will use about 35 acres, and it is on Weld County Roads 1 and 36. Responding to
Commissioners Vaad and Masden, Mr. Aldana stated the event is scheduled for July 19 and 20, 2003,
geared toward families and people who are unable to attend night dances. He stated they anticipate 1,000
to 1,500 people. Commissioner Masden moved to approve said application. The motion, which was
seconded by Commissioner Vaad, carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
RONALD MCDONALD HOUSE CHARITIES OF DENVER, INC.: Responding to Chair Long, Mr.Aldana
stated they have contracted a security agency to provide a twelve-man crew in charge of monitoring the
beer garden, as well as any other security issues that may arise. He further stated Super Bowl Port-A-
Potties are being provided,Waste Management will collect any paper trash,and paramedics will be on-site.
No public testimony was given. Commissioner Vaad moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE
CHAIR TO SIGN-OUR LITTLE STORE,LLC,DBA OUR LITTLE STORE:Mr. Barker stated Deputy Robert
Otterstatter, Sheriffs Office, stated he has no concerns regarding this renewal. There was no public
testimony given. Commissioner Vaad moved to approve said renewal application and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, July 14, 2003 2003-1804
Page 2 BC0016
CONSIDER MASTER CONTRACT FOR EMERGENCY MANAGEMENT FUNDING AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated this contract was submitted by Ed Herring, Sheriffs Office, and the
Board may wish to continue it to a later date to allow Mr. Herring to be present to answer questions.
Commissioner Vaad moved to continue this matter to July 21,2003, at 9:00 a.m. The motion,which was
seconded by Commissioner Masden, carried unanimously.
CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN-MEALS ON WHEELS, INC.:Walt Speckman,Director of Human Services,stated this is an on-going
program which provides 24,000 meals to 175 frail and homebound seniors during the period of July 1,2003,
through June 30,2004. This amendment increases the contract amount by$3,000. Commissioner Vaad
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION TO WORKFORCE INVESTMENT ACT
(WIA) 25% ENHANCED DISLOCATED WORKER FUNDS AND AUTHORIZE CHAIR TO SIGN: Mr.
Speckman stated this modification requests $52,159 to deliver core, intensive and training services to
dislocated workers. Responding to Chair Long, Mr. Speckman stated the numbers are based partly on
population. Commissioner Masden moved to approve said modification and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER APPLICATION AND PLANNING FORM FOR 2004 STATE FUNDING OF SENIOR SERVICES:
Mr.Speckman stated this application is for the term of July 1,2003,through June 30,2004, in the amount
of$211,890. He stated the funds cover programs such as the long term care ombudsman, congregate
meals, home delivered meals, in-home services, loneliness prevention outreach services, senior center
operations, telephone reassurance, and dental/eye/hearing services. Commissioner Vaad moved to
approve said application. The motion, which was seconded by Commissioner Masden, carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 70 RIGHT-OF-WAYAND AUTHORIZE CHAIR TO SIGN-NICK PROCOPIO,BAMBI
PROCOPIO, CONRAD PRESTON AND CHERYL PRESTON: Don Carroll, Department of Public Works,
stated this is to allow access to an 80-acre parcel on Weld County Road 70,fora distance of one-half mile
west of Weld County Road 93. Mr.Carroll recommended approval of said agreement. Commissioner Vaad
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 94 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-RICHARD SHIPLEY: Mr.
Carroll stated this agreement would allow access to two parcels located on Weld County Road 94 for a
distance of one mile east of Weld County Road 15 and north on Weld County Road 17 fora distance of one
mile to Weld County Road 96. He further stated the applicant has notified all adjacent property owners of
the proposal. No public testimony was given. Commissioner Vaad moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 44 BETWEEN WCRS 37 AND 43; AND WCR 39
BETWEEN WCRS 42 AND 46: Frank Hempen, Jr., Director of Public Works, stated this closure is
necessaryto construct the improvement to the intersection of Weld County Roads 39 and 44,which is part
of the Capital Improvement Plan and is a safety project. Mr. Hempen stated the roads will be closed no
longer than five weeks, and both roads will be closed. Responding to Commissioner Vaad, Mr. Hempen
stated either placards or electronic signs will be posted at least a week in advance. He further stated a
minimal portion of the seven-mile detour is paved;however,staff plans to do dust treatment in front of about
Minutes, July 14, 2003 2003-1804
Page 3 BC0016
one dozen residences along the detour route. Mr. Hempen stated he also expects north/south traffic will
migrate to Highway 85 or Weld County Road 49. Commissioner Vaad stated he appreciates staff
accommodating citizens. Responding to Commissioner Masden, Mr. Hempen stated once this project is
complete,a second closure will be requested at the intersection of Weld County Roads 39 and 40,which
should only last about three weeks. Commissioner Vaad moved to approve said closure. The motion,
which was seconded by Commissioner Masden, carried unanimously.
CONSIDER CONTRACT FOR INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE
INTERSECTION OF STATE HIGHWAY 119 AND WCR 7 AND AUTHORIZE CHAIR TO SIGN -
COLORADO DEPARTMENT OF TRANSPORTATION: Mr. Hempen stated this is a contract with the
Colorado Department of Transportation (CDOT) for the installation of signals and construction at the
intersection of State Highway 119 and Weld County Road 7. Mr.Hempen stated the contract allows CDOT
to work on the improvements, as well as to contribute $51,000 to the project. Commissioner Masden
moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER APPOINTMENT TO BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER:
Commissioner Vaad moved to appoint Edwin Lesh to the Board of Trustees for North Colorado Medical
Center. The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER ASSESSED VALUATION OF TAXABLE PROPERTY AND MASTER PROTEST LOG-REAL
AND PERSONAL PROPERTY: Stan Sessions, Assessor, explained by State statute he is required to
make this report on the second Monday of July. Chris Woodruff, Chief Deputy, reviewed the assessed
value for all taxable real property,which totals$2,002,920,750,and presented a copy of the Master Protest
Log which details 4,946 protests. Mr. Woodruff referred to the letter presented,which details assessed
value by classification, as well as a comparison to 2002. He stated although there was a significant
increase in residential property valuations, it was reduced because of the application of the 7.96
assessment rate due to the functioning of the Gallagher Amendment. The other portion that is significant
is a considerable decrease in the oil and gas valuation,due primarily to a depression in the prices paid for
gas, because production figures and commodity prices from the year 2002 are being used; therefore, a
dramatic increase should be reflected next year. Mr.Woodruff also stated,of the 4,946 protests received,
2,614 were adjusted,and 2,171 were denied. Responding to Commissioner Vaad,Mr.Woodruff reiterated
the valuations next year will be based on current date commodity costs and value of production.
Commissioner Vaad moved to accept the assessed valuation report and master protest log. The motion,
which was seconded by Commissioner Masden, carried unanimously. Mr.Woodruff also discussed the
assessed valuation for all taxable personal property,which has increased 1.7 percent, to$434,598,360.
Mr.Woodruff stated personal property includes the equipment for all businesses, industrial concerns,as
well as oil and gas pumping equipment. He stated a large part of personal propertyvaluation is in the State
assessed valuation,and those numbers are not received until August;therefore,they will be finalized on
August 25, 2003. Mr. Woodruff provided a list of 1,319 schedules for which the personal property
declaration schedules were not returned. He stated those values are frozen and placed on an audit list and
staff tries to get the declaration scheduled filed, and they also visit any new businesses who did not file.
Personal property values incurred 72 protests,of which 37 were adjusted and 35 were denied. Responding
to Commissioner Vaad, Mr. Woodruff stated industrial personal property went down because of
depreciation,also because of Kodak,which accounted for$20,000,000 of the decrease. Commissioner
Vaad moved to accept the reports presented. The motion,which was seconded by Commissioner Masden,
carried unanimously.
Minutes, July 14, 2003 2003-1804
Page 4 BC0016
PLANNING:
CONSIDER RECORDED EXEMPTION #3332 - GREGORY AND PATTY REEVES (CON'T FROM
06/30/03): Mr. Barker stated all four Planning items should be called up together, since testimony would
pertain to all of them. Jacqueline Hatch,Department of Planning Services,stated staff had requested denial
of this request; however,following a work session with the Board, she understands the Board wishes to
waive the fees for these Recorded Exemptions. Mr. Barker stated Recorded Exemption #3332 was
forwarded to the Board for consideration;however,#3333,#3334,and#3335 are requesting removal of the
Condition of Approval regarding the school district. He stated the Board needs to determine whether to
require the applicant to meet all the requirements of the school district and explained the school district is
asking approximately$750 for each property for payment in lieu of a donation of land. Responding to
Commissioner Vaad,Ms.Hatch stated the only reason staff recommended denial was the inability to agree
about the Condition of Approval regarding the school district. Ms.Hatch also stated,staff now recommends
approval with a waiver of the school district requirements. Patty Reeves,applicant,expressed her thanks
to the Board for accommodating her. Commissioner Vaad moved to approve Recorded Exemption#3332,
with the Conditions of Approval as presented by staff,with the deletion of Condition of Approval#3.G. The
motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL #3.F FOR RECORDED EXEMPTION #3333 -
GREGORY AND PATTY REEVES (CON'T FROM 06/30/03): Commissioner Masden moved to delete
Condition of Approval #3.F from Recorded Exemption #3333. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL#3.F FOR RECORDED EXEMPTION #3334 -
GREGORY AND PATTY REEVES (CON'T FROM 06/30/03): Commissioner Vaad moved to delete
Condition of Approval #3.F from Recorded Exemption #3334. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL #3.F FOR RECORDED EXEMPTION #3335 -
GREGORY AND PATTY REEVES (CON'T FROM 06/30/03): Commissioner Vaad moved to delete
Condition of Approval #3.F from Recorded Exemption #3335. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST THE LOCKER ROOM FOR VIOLATION OF HEALTH REGULATIONS:Mr.Barker stated
that as of July 11, 2003, payment has not been received by the Department of Public Health and
Environment for a civil penalty assessed towards The Locker Room;however,after receiving notification
of this hearing, the applicant brought in payment in the amount of$250. Commissioner Vaad moved to
dismiss this action. The motion, which was seconded by Commissioner Masden, 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, July 14, 2003 2003-1804
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:50 a.m.
BOARD OF COUNTY COMMISSIONERS
W OUNTY, COLORAD
ATTEST: Maul(
D vi L ng, Chair
Weld County Clerk to the Board
Robert D. Masden, Pro-Tern
I/ • • t-� ,�'_;;,�the =oard EXCUSED
t 1961 t x:1/49 M. J. Geile
EXCUSED
Willia H. Jerke
l.!
Glenn Vaad
Minutes, July 14, 2003 2003-1804
Page 6 BC0016
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