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Home My WebLink About20010702 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 12, 2001 TAPE#2001-11 &#2001-12 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 12, 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-Tern Commissioner William H. Jerke Commissioner David E. Long Commissioner Robert D. Masden 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 March 7, 2001, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on March 7, 2001, as follows: 1) A Site Specific Development Plan and Planned Unit Development Final Plan, S #554 - Kent Carlson, Idaho Creek. Commissioner Masden 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. PROCLAMATIONS: AMERICAN RED CROSS MONTH - MARCH 2001: Chair Geile read the certificate proclaiming March 2001, as American Red Cross Month. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 2001-0702 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $830,265.89 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0020020): Chris Woodruff, Assessor's Office, stated items#1 through#8 could be considered together, and stated the company failed to employ the duly authorized netback methodology in determining the taxable value of its oil and gas production. He stated the total amount of all petitions is $19,833.56. Commissioner Vaad moved to approve said eight petitions as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0021444): This item was approved previously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0021443): This item was approved previously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0020021): This item was approved previously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0020018): This item was approved previously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0020019): This item was approved previously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0019848): This item was approved previously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOM BROWN, INC. (P0021442): This item was approved previously. CONSIDER AGREEMENT FOR 2001 TRANSPORTATION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this award is for $67,200 from the Federal Transit Authority. Responding to Chair Geile, Mr. Speckman stated it is basically for the mini-bus program. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded by Commissioner Masden, carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 74 BETWEEN STATE HIGHWAY 257 AND WELD COUNTY ROAD 13: Frank Hempen,Jr., Director of Public Works, stated we could consider #10 and #11 together, since they are the same project and are part of the necessary closures to work on the intersection at Weld County Roads 74 and 15. Commissioner Vaad moved to approve said temporary closures. Commissioner Masden seconded the motion, which carried unanimously. Minutes, March 12, 2001 2001-0702 Page 2 BC0016 CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 15 BETWEEN WELD COUNTY ROADS 72 AND 76: This item was previously approved. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 9.5 BETWEEN WELD COUNTY ROAD 32 AND MULLIGAN DRIVE: Mr. Hempen stated this item was placed on the agenda in anticipation of acquiring right-of-way for the replacement of a bridge; however, the right-of-way agreement has not been completed. Mr. Hempen requested approval from the Board for the closure to be effective from the date the Department of Public Works is able to proceed. Commissioner Vaad moved to approve said temporary closure. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 21 AND AUTHORIZE CHAIR TO SIGN-RUSSELL AND ANGELA REED: Mr. Hempen stated this is the standard agreement to utilize 1/2 mile of Weld County Road 21 along a section line as an easement for access to Mr. Reed's property. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. CommissionerJerke seconded the motion,which carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 39 AND AUTHORIZE CHAIR TO SIGN- RAYMOND AND ANITA ROSSI: Mr. Hempen stated this is also the standard agreement, to use Weld County Road 39 from Weld County Road 10 south along 39. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN- COLORADO ASSOCIATION OF PARAMEDICAL EDUCATION: Gary McCabe, Director of Ambulance Services, stated this agreement allows Colorado Association of Paramedical Education to train paramedics, and the Ambulance Service to provide clinical experience for its students. Responding to Commissioner Vaad, Mr. McCabe said the county is held harmless. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Commissioner Long seconded the motion,which carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE OF SAME: Mr. Warden stated this list is a result of the complete inventory done as part of the annual audit, and most items have been moved to the missile site and will be part of a future auction. Responding to Commissioner Vaad, Mr.Warden stated the mobile computer terminals are shown with no value because the Ambulance is an Enterprise Fund and it is for accounting purposes; however, the volunteer fire departments throughout the county are given the opportunity to acquire the equipment. Commissioner Vaad moved to approve said resolution. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER GRANT APPLICATION FOR PET PLASTIC BOTTLE COLLECTION AND RECYCLING PROJECT AND AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director of Public Health and Environment, stated this grant application is to initiate recycling projects for plastic bottles and cups at the request of the Greeley Independence Stampede and Weld County Fair. He said it would also be made available to towns and communities in Weld County which might be having community events. The grant covers the purchase of containers and promotional materials; his staff would maintain the bins, then loan out to any organization desiring plastic recycling efforts. Dr.Wallace said there are two companies who would empty the bins, and of the total request for$7,039, $4,450 would be in-kind services for staff to get the program off the ground. Responding to Chair Geile, Dr.Wallace reiterated the in-kind is labor. Commissioner Vaad moved to approve said application and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. Minutes, March 12, 2001 2001-0702 Page 3 BC0016 CONSIDER AGREEMENT FOR CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Dr.Wallace stated this is a non-financial agreement,allowing clinical rotations for staff at the School of Nursing,for a term of December 1, 2000, through December 31, 2003. Dr.Wallace stated the agreement outlines responsibilities and duties of each entity, and said it has been effective in the past for recruitment efforts. Responding to Commissioner Jerke regarding the effective date of the contract, Dr. Wallace stated there was a previous agreement in place; however, the School of Nursing requested a three-year contract instead of one year, and the program continued while the language of the contract was being revised and the other party's signature was obtained. Responding to Commissioner Vaad, Dr. Wallace stated he has the Home Health nurses hired, however, the student nurses will be exposed to the program, with the hope of gaining interest for future recruitment. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Commissioner Jerke seconded the motion, which carried unanimously. PLANNING: CONSIDER SUBSTANTIAL CHANGE OF A RECORDED EXEMPTION - HOMEWARD CONCRETE STEPS OF ROCHESTER, INC., C/O LOUIS BLANDA: Robert Anderson, Department of Planning Services, stated the property is in the Agricultural Zone District, and the surrounding uses are chiefly agriculture, associated residential, and Fort Lupton is located 1/2 mile from the site. Mr. Anderson reviewed the reasons for denial of the Recorded Exemption, and stated the purpose today is not to rehear the application,but to determine whether the applicant has met criteria for a substantial change to the initial application and be allowed to reapply. Mr. Anderson reviewed the four criteria for granting a substantial change, and indicated the only change in the application is the relocation of Lot A from interior to exterior of the site and reduction in size from 4.5 to 2.5 acres; and stated staff does not feel the change constitutes a substantial change. Mr. Anderson noted there is no change in surrounding land uses, no provisions of the law have changed which would affect applicant's request, and there is no newly discovered evidence. Mr.Anderson also stated the applicant has submitted a single component, relocation of Lot A,to represent a substantial change, and there is no compelling evidence to suggest the information presented is substantially different. Responding to Commissioner Jerke, Mr. Anderson indicated the location of the original Lot A on the northeast corner of the property, and the proposed Lot A on the northwest corner of the property, and stated the purpose today is to determine whether the applicant can reapply. Responding to Chair Geile, Bruce Barker, County Attorney, stated if the substantial change is approved, the applicant will be allowed to reapply and go through the Recorded Exemption process again instead of waiting ten years. Responding to Commissioner Jerke, Mr. Anderson stated staff advised the applicant to move the lot when the applicant was applying for the original Recorded Exemption; however, he chose not to do so. Don Carroll, Department of Public Works, stated Weld County Road 31 is a gravel road, the original application created a flagpole configuration, which is discouraged by the Department, and a minimum of 30 feet of easement will be requested to accommodate the lot. Responding to Commissioner Vaad, Mr. Anderson stated the fee for a Recorded Exemption is$990. Commissioner Vaad stated that access was his main concern at the time of the original application, and it appears the applicant was in a position of changing the configuration according to staff recommendation or having it come before the Board to override that decision. (Changed to tape#2001-12.) Responding to Mr. Barker, Mr. Anderson stated the original Recorded Exemption would have been approved administratively if the Lot was moved; however, the applicant chose to have the Board hear it. Louis Blanda, applicant, stated he needs to sell the property, and the change from 4.5 acres to 2.5 acres is a substantial change. He reiterated he has a financial situation that requires him to sell the property, which does not have any use to him since it is situated in the corner of the property and is non-productive. He stated the lot has direct frontage and good access. Responding to Commissioner Vaad and Chair Geile, Mr. Blanda stated he was informed of his options as stated by staff,and access to the new lot would be from Weld County Road 31, with 30 feet of roadway to the back of his property for access to the remainder, or Lot B. Responding to Chair Geile, Mr. Blanda stated he raises hay, and pastures a few Minutes, March 12, 2001 2001-0702 Page 4 BC0016 horses on the remainder of the property, and he cannot get water to the east half. Responding to Commissioner Vaad, Mr. Barker explained the reasoning behind the ten-year period and the substantial change process, and stated the substantial change process applies to all land use matters, not only Recorded Exemption. Mr. Barker explained it is a general procedure, and the Board should determine, given totality,whether the circumstances have changed since the original application. Mr. Barker indicated Mr.Anderson's letter,which sum up the questions the Board needs to answer,specifically,whether moving Lot A and reducing it to 2.5 acres is a substantial change. Responding to Commissioner Vaad, Mr. Barker verified if the Board should find this is a substantial change, it would be another ten years, before another application could be processed. Mr. Barker indicated the ten-year period would be from November 6, 2000, the date of the original application. Commissioner Vaad stated it would meet the goal of not using the process to evade the subdivision process. Commissioner Vaad stated his main concern was access and creation of a flag lot, which is now alleviated by the proposed change in Lot A. Chair Geile stated he is not sure why the applicant did not accept the change when it was offered by staff since it could then have been approved administratively; however, the applicant did not take staff's recommendation. Since the applicant does have an economic need and has solved the access and flag lot problem, he is willing to consider it as a substantial change. Mr. Anderson reiterated for Commissioner Vaad that there will be another $990 application fee; therefore, our costs are covered. Commissioner Vaad moved to find the relocation of Lot A from a flag lot to direct access and reduction in size of said lot from 4.5 acres to 2.5 acres is a substantial change, and the applicant shall be allowed to reapply. Commissioner Jerke seconded the motion, which carried unanimously. Chair Geile stated he realizes staff sometimes gets caught in difficult situations with a prescribed set of conditions, and procedures to follow and noted he appreciates staffs diligence, and thinks Mr. Anderson did an excellent job presenting this case to the Board. 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 9:50 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUN COLORADO ATTEST: a � eiw /�. } , ,7,� F�Kc� ilaiss_ `� 4 % M. J. Geile, Chair, Weld County Clerk to the B • i' a /� Sae 1861 tal..tzp Glenn Vaad, Pro- BY: .4 `� 4fiatmeiVelat Deputy Clerk to the Boar's ��' �`• ��' Wilk7_, ' H. Jerke D vid E. Lon Al Robert D. Masden Minutes, March 12, 2001 2001-0702 Page 5 BC0016 Hello