HomeMy WebLinkAbout20010952.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 26, 2001
TAPE #2001-14
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, March 26, 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
Commissioner William H. Jerke
Commissioner David E. Long - EXCUSED
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of March 21, 2001, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on March 20, 2001, as follows: 1) Violation Hearings. Commissioner Vaad seconded the
motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, SHERIFF'S OFFICE -JANET HINES: Ed Jordan, Weld County Sheriff,
read the certificate recognizing Janet Hines, who was present, for 21 years of service to the Weld County
Sheriff's Office. He presented her with a pin and thanked her for all of her work in the Master Control
section of the Sheriff's Office.
PUBLIC INPUT: There was no public input.
2001-0952
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,050,206.38
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR HIGHWAY TRAFFIC SAFETY PROJECT AND AUTHORIZE CHAIR TO
SIGN: Kenneth Poncelow, Weld County Sheriffs Office, stated this application is for a second year of
funding for the Highway Traffic Safety Project in Weld County. He explained the funding request if$50.00
less than last year, and the County will match the State funding in the amount of$182,449.00. In response
to Commissioner Vaad, Mr. Poncelow stated the Sheriffs Office has identified the top five target areas on
a map included in the application based on the number of accidents or complaints. Commissioner Vaad
commented this project is not intended to generate revenue,but to help resolve traffic problems throughout
the County. Commissioner Vaad moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
ROBERT WIEST: Commissioner Vaad moved to approve said appointment and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CHANGE ORDER LETTER #1 FOR CHLAMYDIA PROJECT TASK ORDER AND
AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director of Public Health and Environment, stated this
change order reflects a reduction in funds because the County will receive antibiotics supplied by the State
rather than purchasing them. Commissioner Masden moved to approve said Change Order Letter#1 and
authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER GRANT PROPOSAL FOR TOBACCO FREE WELD COUNTY PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr.Wallace stated this application is seeking funds from the Master Tobacco Settlement.
He explained the funds will be used to continue tobacco use prevention work, such as preventing youth
initiation,promoting youth and adult cessation,decreasing exposure to environmental tobacco smoke,and
eliminating disparities. Dr.Wallace stated the first-year budget has been included with this application,and
he reviewed the distribution percentages for the funding. In response to Commissioner Vaad, Dr.Wallace
stated the success rates have been encouraging and added there will be a shift from promoting more
activities to really measuring specific outcomes resulting from this program. Responding to Commissioner
Vaad, Mario Rhea, Coordinator for the Tobacco Free Project, explained only ten of the 63 counties in
Colorado have health facilities, and as the population increases in this area, the chances for receiving
funds will increase. Responding to Commissioner Jerke, Dr. Wallace stated if the funds are not granted,
the remaining grant money from last year will be used to support the current programs, and Ms. Rhea
added the prior funds will be replaced with the Master Tobacco Settlement funding. Responding to Chair
Geile, Ms. Rhea reviewed the job descriptions for the Youth Coordinator, Ren Bedell, and Cessation
Coordinator, Mary Mallon. Commissioner Vaad moved to approve said grant proposal and authorize the
Chair to sign. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1998 AND AUTHORIZE CHAIR TO SIGN - HS RESOURCES, INC., C/O LOGAN AND
FIRMINE, INC.: Christopher Woodruff,Assessor's Office,stated the Assessor's Office is required to value
the production from oil and gas operations based upon production during the previous year using the
Minutes, March 26, 2001 2001-0952
Page 2 BC0016
selling price as reported by the company. He referred to Section 39-7-101, C.R.S., and gave a brief
explanation of valuation on oil and gas wells for the Board. Mr. Woodruff stated in 1999, Patina Oil and
Gas was not properly reporting the selling price at the wellhead for the product being produced. He
explained there were expenses that should have been deducted,which were not. Mr.Woodruff stated staff
recommends approval of these production schedules due to recently adjusted valuation procedures.
Responding to Mr. Warden, Mr.Woodruff stated the amounts reflect tax amounts, or actual revenue loss.
Commissioner Jerke commented he has mineral rights through HS Resources, Inc., on his property;
however, he has no direct interest in the company. Commissioner Vaad moved to approve said petition
and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1999 AND AUTHORIZE CHAIR TO SIGN - HS RESOURCES, INC., C/O LOGAN AND
FIRMINE, INC.: Mr. Woodruff stated staff recommends approval of the petition in the amount of
$993,507.77. Commissioner Vaad moved to approve said petition and authorize the Chair to sign.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1998 AND AUTHORIZE CHAIR TO SIGN - PRIMA OIL AND GAS COMPANY, INC., C/O
LOGAN AND FIRMINE, INC. Mr.Woodruff stated staff recommends approval of the petition in the amount
of $132,933.32. Commissioner Masden moved to approve said petition and authorize the Chair to sign.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1999 AND AUTHORIZE CHAIR TO SIGN - PRIMA OIL AND GAS COMPANY, INC., C/O
LOGAN AND FIRMINE, INC. Mr.Woodruff stated staff recommends approval of the petition in the amount
of $129,700.89. Commissioner Vaad moved to approve said petition and authorize the Chair to sign.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1998 AND AUTHORIZE CHAIR TO SIGN - PRIMA EXPLORATION, INC., C/O LOGAN
AND FIRMINE, INC.: Mr. Woodruff stated staff recommends approval of the petition in the amount of
$5.051.92. Commissioner Vaad moved to approve said petition and authorize the Chair to sign.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1999 AND AUTHORIZE CHAIR TO SIGN - PRIMA EXPLORATION, INC., C/O LOGAN
AND FIRMINE, INC.: Mr. Woodruff stated staff recommends approval of the petition in the amount of
$1,434.01. Commissioner Vaad moved to approve said petition and authorize the Chair to sign.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1998 AND AUTHORIZE CHAIR TO SIGN - DIVERSIFIED OPERATION CORPORATION,
C/O LOGAN AND FIRMINE, INC.: Mr. Woodruff stated staff recommends approval of the petition in the
amount of$13,095.09. Commissioner Masden commented he has a contract with Diversified which is a
conflict of interest and he will not be voting on this or the following matter. Commissioner Vaad moved to
approve said petition and authorize the Chair to sign. Commissioner Jerke seconded the motion, which
carried unanimously.
Minutes, March 26, 2001 2001-0952
Page 3 BC0016
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1999 AND AUTHORIZE CHAIR TO SIGN - DIVERSIFIED OPERATING CORPORATION,
INC., C/O LOGAN AND FIRMINE, INC.: Mr. Woodruff stated staff recommends approval of the petition
in the amount of$13,465.36. Commissioner Vaad moved to approve said petition and authorize the Chair
to sign. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1998 AND AUTHORIZE CHAIR TO SIGN-NORTH AMERICAN RESOURCES COMPANY,
C/O LOGAN AND FIRMINE, INC.: Mr. Woodruff stated staff recommends approval of the petition in the
amount of$46,277.80. Commissioner Masden moved to approve said petition and authorize the Chair to
sign. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1999 AND AUTHORIZE CHAIR TO SIGN-NORTH AMERICAN RESOURCES COMPANY,
C/O LOGAN AND FIRMINE, INC.: Mr. Woodruff stated staff recommends approval of the petition in the
amount of$43,097.68.Commissioner Vaad moved to approve said petition and authorize the Chair to sign.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR SCHEDULE NUMBER
00316694 IN 1998 AND AUTHORIZE CHAIR TO SIGN - BATAA OIL, INC., C/O LOGAN AND FIRMINE,
INC.: Commissioner Masden stated he has a contract to work for Bataa Oil, Inc., and will not be voting on
this or the following three items. Mr. Woodruff stated staff recommends approval of the petition in the
amount of$3,858.44. Commissioner Vaad moved to approve said petition and authorize the Chair to sign.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR SCHEDULE NUMBER
00316694 IN 1999 AND AUTHORIZE CHAIR TO SIGN - BATAA OIL, INC., C/O LOGAN AND FIRMINE,
INC.: Mr. Woodruff stated staff recommends approval of the petition in the amount of $3,672.32.
Commissioner Vaad moved to approve said petition and authorize the Chair to sign. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1998 AND AUTHORIZE CHAIR TO SIGN-BATAA OIL, INC., C/O LOGAN AND FIRMINE,
INC.: Mr. Woodruff stated staff recommends approval of the petition in the amount of $35,760.82.
Commissioner Vaad moved to approve said petition and authorize the Chair to sign. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR VARIOUS SCHEDULE
NUMBERS IN 1999 AND AUTHORIZE CHAIR TO SIGN-BATAA OIL, INC.,C/O LOGAN AND FIRMINE,
INC.: Mr. Woodruff stated staff recommends approval of the petition in the amount of $29,100.59.
Commissioner Vaad moved to approve said petition and authorize the Chair to sign. Commissioner Jerke
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER REQUEST FROM LEROY JOHNSON TO PREADVERTISE CHANGE OF ZONE#556 FROM
THE A (AGRICULTURAL) ZONE DISTRICT TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT FOR FIVE (5) LOTS - PRAIRIE ECHOES ESTATES: Kim Ogle, Department of Planning
Services, stated the applicant has requested Change of Zone #556 be preadvertised to ensure the case
is heard by the Board prior to Mr. Ogle's leave of absence. Commissioner Vaad moved to approve said
request and set the hearing date to consider Change of Zone #556 for May 9, 2001, at 10:00 a.m.
Commissioner Jerke seconded the motion, which carried unanimously.
Minutes, March 26, 2001 2001-0952
Page 4 BC0016
SECOND READING OF CODE ORDINANCE #2001-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19, COORDINATED PLANNING AGREEMENTS;
CHAPTER 23 ZONING;CHAPTER 24 SUBDIVISIONS;CHAPTER 26 MIXED USE DEVELOPMENT;AND
CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE: Commissioner Vaad
moved to read Code Ordinance#2001-1 by title only. Commissioner Masden seconded the motion,which
carried unanimously. Mr. Barker read said title for the record. Anne Best Johnson, Department of
Planning Services,stated she has scheduled an appointment to meet with a group of appraisers to discuss
property valuations prior to the third reading of this Code Ordinance. Ms. Johnson stated all references
to the Right to Farm Covenant will be changed to "Weld County's Right to Farm," and stated the last
sentence under the definition for"Building Envelope"will read, "The bulk requirements for specific Zone
Districts addressed in this Code shall also be followed."
Ms. Johnson also reviewed the two versions of the definition for"Conservation Easement." Commissioner
Vaad commented he prefers the first definition because it is more clear and indicates that easements do
put restrictions on a property. Commissioners Jerke and Masden concurred. Commissioner Vaad moved
to include the first definition listed on Exhibit N. Commissioner Jerke seconded the motion, which carried
unanimously.
Ms. Johnson reviewed the proposed changes to Table 23-1C and the definition of Non-Urban Scale
Development. In response to Commissioner Vaad, Ms. Johnson reviewed the intent of gross density.
Following review of the definition of Urban Scale Development, and the requirements for roping arenas,
Ms. Johnson explained Special Review Permits will only be required for commercial arenas. In response
to Commissioner Jerke, Ms. Johnson stated painted window signs will not be regulated, and stated the
word "permit" will be added to the last sentence of Section 23-4-130. Regarding the proposed changes
to concrete batch facilities, Chair Geile suggested the word "current" be added prior to "Rules" in the last
sentence. Ms. Johnson proposed the fifth sentence under Section 24-7-70 be amended to add "one or
more of the following:" prior to the word "aeration"to be consistent with the change made to Section 27-2-
176.
Following review of the proposed changes to the Subdivision chapter, Ms. Johnson told Commissioner
Jerke that the definition of"Public Purpose" is used for cash-in-lieu situations. In response to Chair Geile,
Ms. Johnson stated the definition of "Suburban Development" was proposed by public. Commissioner
Jerke, expressed concern with the addition to the last sentence of the definition for Urban Scale
Development.
Ms. Johnson reviewed the remaining changes indicated in Exhibit N for the Subdivision and Mixed Use
Development Chapters. She stated Section 27-2-76 of the Planned Unit Development Chapter will be
consistent with the Board's earlier motion to use the first definition of Conservation Easement. (Clerk's
Note: Commissioner Vaad is excused from the remainder of the meeting.)
Stan Everitt, Weld County developer, stated Section 23-5-250 deals with structures in floodways, and
expressed concern that agricultural structures,such as culverts and corrals may be effected. Ms.Johnson
stated those types of structures will not be regulated. Mr. Everitt indicated agreement with the proposed
changes allowing flexibility on the time period between the Sketch Plan and Change of Zone, and
suggested the definition of Urban Scale Development be amended to delete the word "and" after"central
water" because it implies that developers are required to have both central water and sewer. In response
to Commissioner Jerke, Mr. Everitt stated the addition to the end of the definition for Urban Scale
Development is vague and unclear as to what is required. Mr. Everitt further stated the roadways in the
County need to have high standards; however, the revision to Section 27-4-20.E.16 implies that all
roadways adjacent to any development have to be built or upgraded to full County standards. He
requested the sections regarding road improvements not be approved at this time.
Minutes, March 26, 2001 2001-0952
Page 5 BC0016
Todd Hodges concurred with Mr. Everitt's comments,and added the definition of"Suburban Development"
should be considered. There being no further comments, Chair Geile closed public testimony.
In response to Chair Geile, Ms. Johnson stated the cluster developments will not be required to use public
sewer if there is enough land to allow primary and secondary septic envelopes. She further stated if a site
is located in a non-urban area, septic systems will be allowed; however, using septic systems is
discouraged in urban areas. Chair Geile and Commissioner Masden indicated they would like to allow
some flexibility as to where septic systems are allowed. Mr. Barker stated the current Intergovernmental
Agreements require central sewer systems for developments within an Urban Growth Area, and the an
amendment to allow septic in those areas will be contrary to the current agreements. In response to Chair
Geile, Ms. Johnson stated the Comprehensive Plan established one-half-mile boundaries for each
municipality regardless of an Intergovernmental Agreement. Mr. Barker suggested the definition could
indicate septic systems are allowed on a case-by-case basis in urban area, with the exception of those
defined in Intergovernmental Agreements. Commissioner Jerke suggested the Board delete the word
"and" from the last sentence of the definition for Urban Scale Development, and replace it with a comma
to allow some flexibility. He also suggested the sentence be ended after the word "drainage." Lee
Morrison,Assistant County Attorney, stated removing the word"and"is not consistent with the intent of the
default Urban Growth Areas because those areas are tied to the availability of municipal sewer.
Responding to Commissioner Jerke, Mr. Morrison stated his proposed amendment to the definition
appears to be allowing septic systems in all cases except those where staff can show there are technical
reasons for prohibiting them. Ms. Johnson added the County Code requires a 2.5-acre lot before septic
systems will be allowed.
Frank Hempen, Jr., Director of Public Works, stated the various documents used by Public Works will not
be changed by the proposed amendments to the Code; however, the Code is being amended to provide
continuity among the various references to the documents.
Commissioner Jerke moved to strike the word"and"from the last sentence of the definition for Urban Scale
Developments, and replace it with a comma. He also moved to strike the last portion of that same
sentence so that it ends following the word"drainage." Commissioner Masden seconded the motion,which
carried unanimously.
Commissioner Masden moved to approve Code Ordinance #2001-1 on second reading with all of the
remaining proposed changes indicated in Exhibit N, as well as those noted by Ms. Johnson in her
presentation, and those made by separate motions of the Board. Commissioner Jerke seconded the
motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2001-1 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, March 26, 2001 2001-0952
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:50 a.m.
BOARD OF COUNTY COMMISSIONERS
A ���� WELD COU COLORADO
ATTEST: ��2,�_�,�/��'�/�� • EL•
" �**11 M. J. �eile, Chairl
Weld County Clerk to the B rd d►
ta&t �`�` �%
1 ��,n Glenn Vaad, PrQ`tem
BY: a �% �, / 4(
Deputy Clerk to the Boa .<,I ecP
• U N ll�e William H. Jerke
• EXCUSED
Day' Long �n
R bert D. Masden
Minutes, March 26, 2001 2001-0952
Page 7 BC0016
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