HomeMy WebLinkAbout20011033.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 4, 2001
TAPE #2001-16
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, April 4, 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
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
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance #2001-3 by tape.
Commissioner Masden seconded the motion, which carried unanimously.
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of April 2, 2001, as printed. Commissioner Vaad seconded the motion, and it 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 Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: Jerald Brunson, Greeley resident, urged the Board not to amend the Code regarding
Temporary Assemblage Permits. He stated it was a bad situation that happened in Sewald's case;
however, many Raves occur without a problem. Mr. Brunson stated he always has off-duty deputies at
his Rave events, which he has been doing for seven years and further stated the promoter needs to
provide ample crowd control and organization for the event, as well as bonding and insurance.
2001-1033
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $759,120.09
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden read the names of the bidders for the Mow-Herbicidal Bid for the Pest and
Weed Department. Said bid will be considered for approval on April 18, 2001.
OLD BUSINESS:
CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
JERRY SAMBER, DBA DEWEYS: Mr. Barker discussed the three findings the Board must determine and
stated the zoning is proper and everything is in order. Jerry Samber, applicant, was present to answer
questions. No public testimony was given. Commissioner Long reported the site is spacious and in good
order; however, they are working on a problem with the well being permitted for commercial uses. He
further stated Mr. Barker recommended the license be approved with the condition of the water issues with
the State being resolved. Mr. Samber explained the water is a state issue, and he will do whatever he can,
although drilling a new well is out of the question financially, and he does not have room for it. He stated
water is plentiful. Mr. Barker stated the condition would have to be satisfied before Mr. Samber operates
the facility and indicated the restroom facilities are the problem. Mr. Barker stated the applicant would
need to show the Clerk to the Board and County Attorney proof that the water issues with the State have
been resolved. Commissioner Vaad moved to approve said findings,approve the license with the condition
as stated by Mr. Barker, and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- PLATTE VALLEY AIRPARK LTD:
Michael Sampson, Assessor's Office, stated the valuation was assessed before staff was aware of the
Planned Unit Development associated with this airpark and had, therefore, assessed the sites including
taxiways and other common ground which should be listed with a nominal value instead of being fully
assessed. Commissioner Vaad moved to approve said petition as recommended by staff. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - KODAK POLYCHROME
GRAPHICS LP: Christopher Woodruff, Assessor's Office, gave a history of the processes with which
Kodak and Weld County have been involved, including filing of personal property schedules in 1997, 1998,
and 1999. The assessed valuation was based on those schedules, and there was also an agreement
regarding start-up costs. Mr. Woodruff stated the assessor changed the procedure in 1997; however,
Kodak's auditor has said those filed in 1997, 1998, and 1999, were incorrect. Mr. Woodruff further stated
the Division of Property Taxes, in 2000, ruled Kodak has a right to adjust those previously filed schedules
and correct any inconsistencies,therefore,the petitions for Kodak Polychrome Graphics, LP,for 1998,and
Eastman Kodak for 1998, and 1999. Specifically, Mr.Woodruff recommended partial approval for Kodak
Polychrome Graphics, LP, to include an additional 25 percent economic obsolescence, setting the value
at$8,198,780.00 with a refund of$158,582.92, plus interest. Responding to Commissioner Masden, Mr.
Woodruff stated they have instituted changes to their procedures and an audit to be conducted each fall
to help reduce the number of refunds. Commissioner Masden requested staff look at all large companies,
to keep down the amounts of refunds. Norman Wright, attorney for Kodak, stated the presentation by the
Assessor's staff was correct,and the petitioner does agree with the recommendation.Commissioner Vaad
Minutes, April 4, 2001 2001-1033
Page 2 BC0016
moved to partially approve said refund, and Commissioner Jerke seconded the motion. The motion,
however, was withdrawn and Mr. Barker explained Brian Lessman, RE-4 Superintendent of Schools,
explained the cash flow problems with their funding and fiscal year ending balance, requesting a delay in
the payment of the refund until August 1,2001. Mr.Wright stated his client agrees to wait until August 1st.
Commissioner Vaad moved to partially approve said petition as recommended by staff. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - EASTMAN KODAK COMPANY:
Mr. Woodruff stated for 1998, the assessed value is$32,340,469.00,with a refund of$1,051,366.56 plus
interest,which is a partial approval of the petition. Mr. Wright, agreed with the amounts presented by staff
and stated he appreciates staffs cooperation. Chair Geile stated this would also be with a deferred
payment to August 1, 2001, as with the first petition. Commissioner Vaad moved to partially approve said
petition as recommended by staff. Seconded by Commissioner Long, the motion carried unanimously.
Mr. Woodruff stated the 1999, assessed value is $25,548,490.00, with a refund of $208,041.74 plus
interest. Mr.Wright,agreed with the amount and the deferral until August 1st. Commissioner Vaad moved
to partially approve said petition as recommended. The motion, which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - BEARS SPORTS SALOON, INC.: Mr. Barker stated the Sheriff's Office had some concerns, and
has attached an agreement to address those concerns, recommending approval with the stipulation that
the establishment adhere to all requirements of said agreement. Commissioner Masden stated it appears
to be very similar to another case heard recently. Commissioner Jerke moved to approve said application
and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried
unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 74 BETWEEN WELD COUNTY
ROADS 33 AND 35: Frank Hempen, Jr., Director of Public Works, stated staff is replacing an irrigation
waste water pipe. CommissionerJerke moved to approve said temporary closure. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER DECLARE CERTAIN LAND AS SURPLUS PROPERTY,AND AUTHORIZE SALE OF SAME
TO BOB WATKINS: Mr. Warden stated this is for property which was obtained by the County through tax
deed and stated the procedure after trying to sell a property, is to accept a negotiated offer at $100 per
lot. He stated this is for three parcels, all of which are too narrow or a triangular. Commissioner Vaad
moved to declare said land as surplus property and authorize the sale of same to Bob Watkins.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER RESOLUTION AUTHORIZING CREDIT CARD FROM WELLS FARGO CARD SERVICES:
Mr. Warden stated credit cards for staff are discouraged except for use by the Sheriffs Office for
extraditions; however, situations have arisen in which Human Services employees need to reserve hotel
room for conferences. Mr. Warden stated the card will be held in Accounting and not be released to
employees and will only be used for room reservations. Commissioner Jerke stated he holds a small
amount of stock in Wells Fargo; however, Mr. Barker stated it would not appear to be a conflict.
Commissioner Vaad moved to approve said Resolution. Commissioner Long seconded the motion,which
carried unanimously.
Minutes, April 4, 2001 2001-1033
Page 3 BC0016
FIRST READING OF CODE ORDINANCE #2001-3, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 12 LICENSES
AND PERMITS, OF THE WELD COUNTY CODE: Chair Geile confirmed the Ordinance has been read
by tape. Mr. Barker stated this amendment includes a variety of changes to the Code, including the
addition of Article V of Chapter 12. He stated this change to the temporary assembly permit procedure,
which was previously discussed with the Board, stemmed from receiving a number of calls last summer
regarding large assemblages with less than 500 people expected for under five hours in length. In most
cases it was found that they were over 500 people and lasting longer than five hours. Mr. Barker stated
the idea is to go from 500 to 350, and from five hours to three hours, which would not prohibit those
assemblages from happening, but would require they be permitted. He further stated that, in order to
make the policy consistent with our current practice, a Use by Special Review or a Use by Right has been
allowed with one permit obtained, charging one fee for the entire year even when multiple events have
been held. He stated the revision in Section 12-1-20.A would still allow for that to happen, as long as the
conditions remain the same. Mr. Barker also stated there was a change to State statute expanding the
definition of "Good Cause" and said at the Club Romance hearing, the issue was raised whether the
County can set its own standards for good cause. He stated the major change is with subparagraph #C,
which would precisely track State statute, with the issue of those driving while intoxicated coming under
other aspects, such as serving while intoxicated. Mr. Barker explained the inclusion of Article V for Public
Dance Halls to require facilities to obtain a permit such as are currently issued in conjunction with liquor
licenses. Mr. Barker stated this changes State statute in two ways: one, requiring notice of the hearing
to be posted ten days prior to the date of the hearing; and two, proper zoning required to be in place prior
to the permit being issued. He stated currently the C-2 and C-3 Zone Districts allow dances as a Use by
Right, and any property owner can apply for a Use by Special Review; however, he indicated some liquor
establishments are considered nonconforming uses. Mr. Barker further stated if a dance hall license was
issued the previous year to the application, the property would not have to be posted and it would be
handled more like a renewal. Commissioner Vaad requested the County Attorney to check with the
Ambulance Service for whether it would be appropriate to use paramedics instead of requiring nurses in
Section B.4 and B.5 on Page 2, since they are now much more sophisticated than they used to be.
Responding to Commissioner Jerke, Mr. Barker stated there would be an exception for places that are able
to handle the crowds, such as churches and places of learning,where the occupancy and zoning are clear
to handle those numbers. Responding to Chair Geile, Mr. Barker stated Section 21-5-50 is regarding those
properties not properly zoned, and references the zoning, occupancy and building code requirements.
Gerald Brunson, Greeley resident, stated the County should review backgrounds and prior history with
these events. Commissioner Vaad moved to approve Code Ordinance #2001-3 on first reading.
Commissioner Jerke seconded the motion, which carried unanimously.
PLANNING:
CONSIDER ACCEPTANCE OF FORM OF COLLATERAL FOR PHASES 5, 6, AND 7 OF BUFFALO
RIDGE ESTATES, S#414- MARTIN BROTHERS, LLC: Lee Morrison,Assistant County Attorney, stated
the board has previously approved an agreement and two amendments,and the Deeds of Trust have been
placed for the last three phases,which provides monetary value and precludes the sale of property before
completion of the projects. (Change to Tape #2001-17.) Mr. Morrison further stated Don Carroll,
Department of Public Works, has advised him there is a contract for paving to be completed this season.
Commissioner Vaad moved to accept the form of collateral presented by Martin Brothers, LLC, for
Phases 5,6, and 7 of Buffalo Ridge Estates, S#414. Commissioner Masden seconded the motion,which
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance#2001-3 was approved on first reading.
Minutes, April 4, 2001 2001-1033
Page 4 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 10:15 a.m.
BOARD OF C UNTY COMMISSIONERS
WELD CO Y, COLORADO
ATTEST: LI/ / ,? a� 4/' DG{ii
w►►'r-' M. J. Geile, Ch it
Weld County Clerk to the ,' i �':tip ,m) et
Ar. . . 1 Glenn Vaa , PrC-em
BY:
Deputy Clerk to the Board ��' �' '
Willi . Jer ecQ
Dav'd E. Long
Robert D. Malden
Minutes, April 4, 2001 2001-1033
Page 5 BC0016
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