HomeMy WebLinkAbout20011628.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 18, 2001
TAPE #2001-25
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, June 18, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of June 11, 2001, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
PRESENTATION OF FAIR BOOKS TO BOARD -WELD COUNTY FAIR ROYALTY: Kiera Mast, Jessica
Peterson, and Holly Lanning were in attendance to promote the 2001 Weld County Fair. Ms. Mast stated
the terms for the Fair royalty has been extended from three months to one year, and the new royalty will
be presented on July 29, 2001, at the Family Night. Ms. Mast presented Chair Geile with the 2001 Fair
book, Ms. Peterson gave a brief description of the fair events, and Ms. Lanning explained the various
shows that will be held throughout the fair. Commissioner Masden commented the change in the royalty
term will be beneficial. Ms. Mast concurred and stated the extended time will allow them more time for
promoting the fair. In response to Chair Geile, Ms. Peterson stated all Fair entries will be due by June 15,
2001. Commissioner Masden added the new building at Island Grove will also be available for use during
this year's Fair events.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2001-1628
BC0016
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 $1,171,805.16
Electronic Transfers -All Funds $347.52
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-LEASETEC CORPORATION,C/O
KCCI TAX SERVICES: Raelene Anderson, Assessor's Office, stated Leasetec Corporation reported
certain equipment as terminated; however, it was inadvertently left on the tax roll, and she recommends
approval. Commissioner Masden moved to approve said petition as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-PARK WESTERN FINANCIAL,DBA
PARK WESTERN LEASING, INC.: Ms.Anderson stated the leasing company reported an item which had
been sold, but was still reported, so it needs to be abated. Commissioner Long moved to approve said
petition as recommended by staff. Commissioner Jerke seconded the motion,which carried unanimously.
CONSIDER JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT AND AUTHORIZE CHAIR TO
SIGN: Ken Poncelow, Sheriff's Office, stated this is a $15,000.00 supplement to the original grant. He
explained the funds will be used to conduct face-to-face interviews with the juveniles and their parents,
which will provide more information for the magistrate when making a determination. In response to
Commissioner Jerke, Mr. Poncelow stated the funds are from the Department of Public Safety, and the
local match was previously made with the overall grant. Commissioner Masden moved to approve said
grant and authorize the Chair to sign. Seconded by Commissioner Long,the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION REQUEST FOR ADDITIONAL
WAGNER-PEYSER POTS FUNDS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of
Human Services, stated this modification is for$8,440.00 in additional end-of-year funds,which will need
to be used before June 30, 2001. In response to Commissioner Jerke, Mr. Speckman stated the funds
will be used for placing people in employment. Commissioner Masden moved to approve said modification
request and authorize the Chair to sign. The motion,which was seconded by Commissioner Long, carried
unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING UNDER WORKFORCE INVESTMENT ACT AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this Memorandum of Understanding is between the
County, Workforce Development Board, and Job Corps in detailing the various duties of all involved with
workforce development activities. Commissioner Long moved to approve said Memorandum of
Understanding and authorize the Chair to sign. The motion was seconded by Commissioner Jerke, and
it carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Frank Hempen, Jr., Director of Department of Public Works, stated this is a routine request
to allow entry on the listed properties to carry out necessary weed control enforcement. In response to
Commissioner Jerke, Mr. Hempen stated Water Supply and Storage is an irrigation company that installs
Minutes, June 18, 2001 2001-1628
Page 2 BC0016
irrigation lines. Ron Broda, Department of Public Works, gave a brief description of their irrigation ditch,
and stated although he has made contact with the property owners, they have not cooperated in the past.
Commissioner Long moved to approve said entry. Commissioner Masden seconded the motion, which
carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN-COLORADO STATE PARKS: Bruce Barker, County Attorney, stated this is a standard
agreement for use of the Weld County GIS records and he recommends approval. Commissioner Masden
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER CONSULTING AGREEMENT FOR PROFESSIONAL PLANNING PERTAINING TO ST.
VRAIN VALLEY OPEN LANDS AND TRAILS PROJECT AND AUTHORIZE CHAIR TO SIGN -
COLORADO OPEN LANDS: Mr. Barker stated this Consulting Agreement details the scope of work to be
performed for the St. Vrain Open Lands Project. In response to Commissioner Jerke, Monica Mika,
Director of Planning Services,stated the money was not used in the previous grant,so the remaining funds
will be used to negotiate with the property owners adjacent to the project. Mr. Warden stated the money
is left over GOCO funds, in the amount of $12,000.00. Chair Geile stated all of the other entities have
reviewed and agree with the agreement. Commissioner Masden moved to approve said agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Long,and it carried unanimously.
CONSIDER COMMITMENT OF WATER SUPPLY FOR BEARSON SAND AND GRAVEL MINING
OPERATION AND AUTHORIZE CHAIR TO SIGN:Lee Morrison,Assistant County Attorney,explained the
State now requires a water commitment as part of a substitute plan. He stated the County will not be able
to use the water elsewhere without providing for substitute amounts of water. Commissioner Jerke moved
to approve said commitment and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 39 FOR ONE-HALF MILE
SOUTH OF WCR 22-WELD COUNTY DEPARTMENT OF PUBLIC WORKS: Frank Hempen,Jr., Director
of Public Works,stated the Board previously considered a request from Jacelyn Walters for a nonexclusive
license agreement for use of Weld County Road 39 south of Weld County Road 22, which was denied.
Subsequent to that request, the Board approved the vacation of 660 feet south from Weld County Road
22, with direction to staff to petition for the vacation of the remaining right-of-way extending to the half-
section line. He stated this request is for the vacation of 30 feet of right-of-way on the west side of the
section line extending from the end of the previously vacated 660 feet to the half-section line. Mr. Hempen
stated notification was sent to the adjacent property owners, and in response to Commissioner Jerke, he
stated the County has no right-of-way east of the section line. Brian Walters, adjacent property owner,
stated he constructed a road along the property owned by the Pollands costing him approximately
$5,000.00,which has now been vacated, and he would like to be reimbursed for the materials invested or
be allowed to go in and recover the materials he used for that project. Mr. Walters stated the Pollands are
denying him access to recover his materials, and although he has been granted a new access from Weld
County Road 22, he still has to invest further cost for the construction of a driveway. Mr. Walters
requested the Board consider reimbursement for his lost materials,or assistance in completing a Recorded
Exemption on his property so he can sell land and gain enough funds for construction of the new lane.
Mr. Walters stated he would like to recover the materials used on Weld County Road 39, or receive some
other type of reimbursement. Mr. Hempen stated Mr. Walters placed the materials prior to applying for
a nonexclusive license agreement, and Chair Geile proposed the matter be discussed in a work session.
There being no further comments, Chair Geile closed public testimony. Commissioner Jerke moved to
approve said petition. Commissioner Masden seconded the motion, which carried unanimously.
Minutes, June 18, 2001 2001-1628
Page 3 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, S#578- DONALD LAFAVER: Lee
Morrison, Assistant County Attorney, clarified that this is for a Planned Unit Development Final Plan, not
a Site Plan Review as indicated on the Agenda. He stated bonds were posted in the amount of
$350,000.00; however,the estimated cost of improvements listed in the Improvements Agreement is only
in the amount of $306,902.90. Mr. Morrison stated this reduction will not change the work which was
proposed to be completed, and a Certified Check is just as secure as a bond. In response to Chair Geile,
Mr. Morrison stated the check will be issued to the County, held in a special fund, and returned once the
project is completed. If the project is not sufficiently completed, notification will need to be made prior to
withdrawing on the funds. Commissioner Jerke moved to cancel and release said collateral, and accept
the replacement collateral for Planned Unit Development Final Plan, S #578, issued to Donald LaFaver,
with the release being conditional upon receipt by the Clerk to the Board's Office of the replacement
collateral. His motion also included making a correction to the agenda and resolution to change Site Plan
Review to a Planned Unit Development Final Plan. Commissioner Masden seconded the motion, which
carried unanimously.
APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), ACCEPT FORM OF COLLATERAL FOR SITE
PLAN REVIEW, SPR#347, AND APPROVE RELEASE OF A PORTION THEREOF - BRUCE MILLER:
Monica Mika, Director of Planning Services, stated the Departments of Planning Services and Public
Works have reviewed the agreement and collateral and recommend approval and acceptance. She stated
Bruce Miller has also submitted a letter, received June 14, 2001, requesting $38,640.00 of the accepted
collateral be released because he has completed the site grading and earthwork portion of the agreement.
Commissioner Masden moved to approve the Improvements Agreement and accept the Collateral for Site
Plan Review, SPR #347. Commissioner Long seconded the motion, which carried unanimously.
Commissioner Jerke moved to cancel and release said collateral, and accept the replacement collateral
in the amount of$163,818.00, with the release being conditional upon receipt by the Clerk to the Board's
Office of the replacement collateral. Commissioner Long seconded the motion,which carried unanimously.
PROBABLE CAUSE HEARING FOR SPECIAL REVIEW PERMIT#768 - BEVERLY HOBDAY: Bethany
Salzman, Department of Planning Services, gave a brief description of the location of the site, and stated
a visual inspection of the property last Thursday raised several zoning and building concerns. Ms.
Salzman stated photographs taken on June 14, 2001, have been included in the file. She further stated
the railroad cars still need to be removed, and although the buildings have been boarded up, they are still
dangerous. Ms.Salzman stated the attorneys representing this matter are present and have indicated they
are not opposed to scheduling a Show Cause hearing; however, they are requesting time to complete
pending legal proceedings before clearing the site.
Brent Coan stated ownership of the property will be determined in Court, and he is expecting a trial date
to be set in the second week of July, with the trial likely to take place near the end of the year. Mr. Coan
stated he and Ms. Hobday have discussed alternatives for resolving ownership issue; however, it will likely
have to be determined by the court, which prevents clearing the property at this point. Jennifer Carr
represented Joan Drawer and stated many of the cars have been removed, the buildings have been
boarded, and Ms. Drawer has contacted Mr. Dill from the City of Greeley Museums who is interested in
moving or preserving some of the buildings.
In response to Chair Geile, Ms. Salzman stated she recommends this matter be scheduled for a Show
Cause hearing due to the fact that property is in violation of the Special Review permit, and both parties
have agreed to proceedings with a Show Cause and handling the clean up through the violation process.
Ms. Salzman suggested a Show Cause hearing be set in July or August. Mr. Barker stated the specific
Minutes, June 18, 2001 2001-1628
Page 4 BC0016
items of violation need to be cited for the record. Ms. Salzman stated the property is in violation of
Development Standards 2, 3, 4, 6, 7, 8, 9, 10, 12, 14, 15, 16, 18, 19. She explained there is only one
access from Weld County Road 39 and none from Highway 52,there is no soil erosion or landscaping plan
in effect, the site is not neat or orderly, it has not been open for public use so the owner has not been
testing the water supply or providing food services,and Air Pollution Control Commission permits have not
been obtained because the oil/fired locomotive is not operable. She stated the structures have been
inspected and are in poor condition, the operator has been doing mechanical work on the site and staff
has concerns with disposal of hazardous chemicals, the structures are dilapidated and not hooked up to
prevent radon, and the site does not comply with the Design Standards. She further stated the site has
been inoperable for at least three years and is subject to vacation, the site does not comply with the
Operation Standards, it does not match the site plan, and noncompliance with Development Standards is
adequate grounds for revocation.
Mr. Coan stated Ms. Hobday is not opposed to revocation of the permit because compliance would be very
difficult. He stated the court issue regarding ownership is the only difficulty with clearing the site at this
time. He requested the permit be vacated, and that the County grant them adequate time to resolve the
court matter and clear the site.
Ms. Carr stated Ms. Drawer also agrees with vacating the permit; however, she would like enough time
to make arrangements for preserving as many of the items and structures as possible. She reiterated they
have contacted the City of Greeley Museum Department, which has been working to contact train
enthusiasts, so they would like to keep the Use by Special Review Permit in place until arrangements can
be made for the relocation of the items. Commissioner Jerke moved to schedule a Show Cause Hearing
on August 20, 2001, at 10:00 a.m., based on the reasons cited by Ms. Salzman. Commissioner Long
seconded the motion, which carried unanimously.
CONSIDER SETTING A NEW HEARING DATE TO DETERMINE WHETHER GOOD CAUSE EXISTS
FOR REVOCATION OF SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1198 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (BRINE WATER
DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT (CON'T FROM 06/11/2001) - ENVIRO-
CYCLE, LLC, C/O MIKE CERVI: Ms.Salzman gave a brief description of the location of the site,and stated
currently the property owner has brought most of the issues into compliance. She stated the Weld County
Department of Public Health and Environment is still requesting the June sampling to be completed and
evidence of such be submitted, as well as a finalized Waste Management Plan. Ms. Salzman also
expressed concern that during the last three inspections a manager was not present at the site. Ms.
Salzman recommended the Show Cause hearing for this matter be rescheduled from July 25, 2001, to
June 25, 2001. Mr. Barker confirmed the notice for today's hearing indicates the only matter for
consideration is setting an earlier hearing date for the Show Cause hearing.
Melvin Dinner, attorney, represented the site operator and stated he was present when the original use
permit was approved. Mr. Dinner gave a brief description of the site manager's qualifications, and added
she has been manager of this site since February 2001. He stated Mike Cervi, operator, and his family
have lived in this area since 1873 and have been involved in farming and oil/gas operations. In response
to Chair Geile, Mr. Dinner stated he does not feel there is any founding information for scheduling any
further hearings, and there is no good cause as a basis for a revocation. Mr. Barker stated the Show
Cause was scheduled for July 25, 2001, at 10:00 a.m., and this hearing is just to consider hearing that
matter at an earlier time. He explained that testimony regarding the Show Cause hearing should be held
until the actual hearing. Mr. Dinner stated Mr. Cervi is available to attend on June 25, 2001, at 10:00.
Chair Geile stated all further testimony should be limited to comments concerning the proposed date and
time for the Show Cause hearing. No public testimony was offered concerning this matter.
Minutes, June 18, 2001 2001-1628
Page 5 BC0016
CommissionerJerke moved to set the hearing date for the Show Cause Hearing for Use by Special Review
Permit #1198 issued to Enviro-Cycle, LLC, do Mike Cervi, for Monday, June 25, 2001, at 10:00 a.m.
Commissioner Masden seconded the motion, which 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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COLORADO
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Minutes, June 18, 2001 2001-1628
Page 6 BC0016
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