HomeMy WebLinkAbout20000842.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 12, 2000
TAPE #2000-09 and #2000-10
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 12, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of April 10,2000,as printed. Commissioner Hall seconded the motion,and it carried unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #215 BY TAPE: Commissioner Baxter moved to read Ordinance #215 by tape.
Seconded by Commissioner Hall, the motion carried unanimously.
READ ORDINANCE #216 BY TAPE: Commissioner Vaad moved to read Ordinance #216 by tape.
Commissioner Hall seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2000-0842
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $476,230.40
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT WELD COUNTY ROAD 49 SHOULDER WIDENING AND OVERLAY PROJECT BID -
DEPARTMENT OF PUBLIC WORKS: Mr. Warden presented the three bids received. Said bids will be
considered for approval on Wednesday, April 26, 2000.
PRESENT AND APPROVE ROAD SHOULDER TRIMMER (USED) 1979 GOMACO GT8500 BID -
DEPARTMENT OF PUBLIC WORKS: Mr.Warden presented the sole bid received from Foster Equipment
in the amount of$38,000.00. He stated it is more cost effective to purchase the equipment rather than
rent, and added this bid needs to be approved by resolution because it is for the purchase of used
equipment. In response to Commissioner Vaad, Dave Becker, Department of Public Works, explained
what the machine is used for and how it operates. Commissioner Baxter moved to approve said bid and
authorize the purchase of the used 1979 Gomaco GT8500 Road Shoulder Trimmer. Seconded by
Commissioner Vaad, the motion carried unanimously.
APPROVE SPEED MONITOR RADAR TRAILER BID - SHERIFF'S DEPARTMENT: Mr. Warden stated
the Weld County Sheriff's Office recommends approval of the low bid from Interwest Safety Supply in the
amount of $12,154.00. Commissioner Hall moved to approve said bid as recommended by staff.
Seconded by Commissioner Geile, the motion carried unanimously. In response to Commissioner Vaad,
Mr. Warden explained this equipment will post the traffic speed as vehicles drive by.
APPROVE HVAC PROJECT FOR EXHIBITION BUILDING BID- FINANCE DEPARTMENT: Mr. Warden
stated although there was only one bid, the Buildings and Grounds Department has done a cost
comparison and recommends approval. Commissioner Geile moved to approve the sole bid from General
Heating and A/C in the amount of$67,737.00 as recommended by staff. Commissioner Hall seconded
the motion, which carried unanimously.
APPROVE RE-ROOF EXHIBITION BUILDING BID - FINANCE DEPARTMENT: Mr. Warden stated the
re-roofing project will be done concurrently with the heating and air conditioning approved in the previous
item. He recommends approval of the low bid from Front Range Roofing Systems, Inc., in the amount
of$29,980.00. Commissioner Vaad moved to approve said bid as recommended by staff. The motion,
which was seconded by Commissioner Baxter, carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE
CHAIR TO SIGN - DOROTHY ZITEK, DBA HEREFORD PACKAGE LIQUOR: Mr. Barker stated Deputy
Richardson expressed no concerns with this renewal. Commissioner Vaad moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
Minutes, April 12, 2000 2000-0842
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
DONALD AND NANCY ROMERO: Michael Sampson, Assessor's Office, recommended denial of this
abatement because although the ground was contaminated with a gas leak, it has been reconstructed and
the valuation was already addressed though an economic obsolescence. Mr. Sampson stated he does
not believe the property value has been affected. In response to Commissioner Geile, Mr. Sampson stated
the petitioners residence is still located on the site. Responding to Commissioner Baxter, Mr. Sampson
stated the taxation was addressed when the problem occurred. Chair Kirkmeyer indicated the petitioner
was not present. Commissioner Baxter moved to deny said petition as recommended by staff and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
GEORGE AND GERALDINE GOODELL: Mr. Sampson stated the property was incorrectly assessed as
a residential lot rather than a vacant lot and he recommends approval of the petition. Chair Kirkmeyer
indicated the petitioner was not present. Commissioner Vaad moved to approve said petition and authorize
the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
JOHN AND SYDNEY LATIMER: Mr. Sampson stated this property was incorrectly assessed and he
recommends approval of the petition. Chair Kirkmeyer clarified the petitioner is not present.
Commissioner Baxter moved to approve said petition and authorize the Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
TCI SATELLITE ENTERTAINMENT, INC.: Mr. Sampson stated there are several satellite dishes
throughout the County which were assessed by the Assessor's Office; however, they were not aware that
the State was also assessing the satellites located on State assessed properties, which resulted in a
double assessment. Chair Kirkmeyer clarified that the petitioner is not present. Commissioner Geile
moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
JUSTICE BENEFITS, INC.: Cyndy Giauque,Assistant County Attorney, explained Justice Benefits, Inc.,
is a company which locates untapped Federal funds on behalf of the Sheriff's Office. (Switched to Tape
#2000-10) Ms. Giauque stated under this agreement Justice Benefits, Inc., will receive 22 percent of any
amount recovered. Commissioner Vaad moved to approve said agreement and authorize the Chair to
sign. Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER RATIFICATION OF BYLAWS FOR NORTH COLORADO MEDICAL CENTER BOARD OF
TRUSTEES: Lee Morrison, Assistant County Attorney, stated the North Colorado Medical Center Board
of Trustees is a statutory board; however, there is no reason why the Board of Commissioners should not
review and offer comments on the bylaws. Mr. Morrison stated these bylaws clarify what the Board of
Trustees is required to do regarding visitations to the hospital, required attendance at meetings, and
changes the regular meetings to take place on the last Monday of each month. In response to
Commissioner Vaad, Mr. Morrison stated all of the members of the Board of Trustees are appointed by
the Board of Commissioners. Commissioner Geile commented there is also discussion regarding the
increase in the number of trustees that serve on the Board. Commissioner Vaad moved to ratify the
bylaws of the North Colorado Medical Center Board of Trustees, as revised March 27, 2000. Seconded
by Commissioner Geile, the motion carried unanimously.
Minutes, April 12, 2000 2000-0842
Page 3 BC0016
PLANNING:
CONSIDER REVIEW OF CONDITION OF APPROVAL #2.B FOR AMENDED RECORDED
EXEMPTION#343-WAYNE AND LUANNA IACOVETTO,C/O WAYNE HOWARD: Kim Ogle, Department
of Planning Services, stated the Department of Planning Services staff approved Amended Recorded
Exemption #343 for Wayne and Luanna lacovetto, do Wayne Howard, on December 10, 1999, with
Conditions of Approval. He stated Condition of Approval #2.B requires the property owner to designate
the location of a building envelope on the plat and the proposed location was approved by staff. Mr. Ogle
gave a brief description of the location of the site, which is approximately157.81 acres, stated the site is
designated as prime farm ground, and Lot B has a center pivot irrigation sprinkler. Mr. Ogle stated the
applicant is now requesting Condition of Approval#2.B be deleted; however, staff recommends denial of
said request. He stated staff is requesting a moderately sized building envelope located in an area which
will help preserve prime agricultural land.
Wayne Howard represented the applicant and stated the placement of a building envelope on a plat is a
standard request; however, in this situation, the current property owner is planning to sell the land and
cannot assume where the future property owner may want to build. In response to Commissioner Baxter,
Mr. Howard stated the amendment was done to adjust lot lines and accommodate the path of the pivot
sprinkler.
Wayne lacovetto, applicant,stated he had the right-of-way to sprinkle across the corner of Lot A; however,
he submitted an application to amend the lot lines to accommodate the other property owner. Mr. lacovetto
stated he would like the Condition to be deleted and allow the future property owner to indicate the location
of the building envelope at a later date. He stated the current location of the building envelope, as
approved by staff, is located on some of the most productive farm land. In response to Commissioner
Baxter, Mr. lacovetto stated the northwest corner is currently planted in grass and alfalfa which is irrigated
from a ditch that runs along the north property boundary. Commissioner Baxter commented building
envelopes are typically placed on the corners of sections which have a center-pivot sprinkler because they
are not irrigated; however, if this land is irrigated, there may be a better place to locate the building
envelope. Mr. lacovetto stated there is a North Weld County water tap located in the northeast corner of
the property. In response to Chair Kirkmeyer, Mr. lacovetto stated he currently owns Lot B, which is for
sale, and the potential buyer does not like the location of the proposed building envelope. In response to
Commissioner Geile, Commissioner Hall stated the main purpose for requiring a building envelope on
Recorded Exemptions is to help preserve prime agricultural land, and he suggested the applicant submit
several potential building envelopes sites which will give the future buyer some options. Chair Kirkmeyer
referred to the Weld County Subdivision Ordinance, and stated when considering the location of a building
envelope, the contour and productivity of the land needs to be considered, but she is in favor of indicating
several different locations. In response to Commissioner Baxter, Mr. Ogle stated the existing envelope
was proposed in the application materials by the applicant, and the Department of Planning Services is
not opposed to allowing several building envelopes.
Jay Moody, potential buyer of the site, stated there is no difference in production when five acres is
removed from the middle of a pivot irrigated field versus the irrigated corner of the field. Chair Kirkmeyer
suggested rather than deleting the Condition of Approval, he should work with the applicant and propose
several other building envelope sites. Mr. Moody stated prior to consideration of the amendment, there
was no building envelope,and the requirement of an irrigation easement eliminates 1.6 acres of prime farm
land. He further stated the pivot system already has a lane leading to the center of the field which can be
used to access a residence.
Minutes, April 12, 2000 2000-0842
Page 4 BC0016
Commissioner Baxter commented Recorded Exemptions must be applied for, they are not a right, and
there are rules and criteria that must be followed. He stated the location of building envelopes should be
considered early in the proposal phase. He stated he is not in favor of deleting the requirement to
designate building envelopes, because it will set a precedent for future applications. In response to Chair
Kirkmeyer, Mr. Ogle stated there will not be a charge if two or three more building envelopes are proposed
because the plat has not been recorded. Commissioner Geile stated Section 11.5.2 of the Weld County
Subdivision Ordinance gives the Board some flexibility in determining whether building envelopes should
be a requirement of each individual Recorded Exemption and he moved to delete Condition of
Approval#2.B. Commissioner Vaad seconded the motion with discussion. In response to Commissioner
Vaad, Mr.Ogle stated if the Condition of Approval is deleted, building permits would be issued to the future
property owner with no regard to the placement of the structure. Mr. Barker stated the future property
owner will only be required to comply with setback requirements of the building code. Commissioner Vaad
stated if the Condition of Approval is deleted the motion has set a precedent for other permits and he voted
against the motion. On a call for the vote, the motion failed with four opposed and Commissioner Geile
in favor. Chair Kirkmeyer clarified the Condition of Approval still stands, and clarified the applicant should
come in and designate several other building envelopes. Commissioner Geile commented this is an issue
that needs to be addressed for future applications.
CONSIDER VACATION OF CONDITIONAL USE PERMIT, CUP#53 -SHARON PICKRELL: Anne Best-
Johnson, Department of Planning Services, stated after conducting land use research for the Eaton
Intergovernmental Agreement, staff discovered this and the following three sites which are no longer
active. She stated Conditional Use Permit#53 was approved by the Board of Commissioners on February
27,1980, for cutting, splitting, storage, and sale of firewood. Ms. Johnson stated the site was inspected,
the applicant is no longer using the site for the permitted use and desires to vacate the permit. Chair
Kirkmeyer clarified Sharon Pickrell, owner, is not present. Commissioner Baxter moved to vacate
Condition Use Permit #53 for Sharon Pickrell. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER VACATION OF SPECIAL USE PERMIT, SUP#340-DON ANDERSON, INC.: Ms. Johnson
submitted a letter from Barbara Anderson, dated January 31, 2000, requesting vacation of Special Use
Permit#340 for a Hog Operation which was approved by the Board of Commissioners on November 30,
1977. Chair Kirkmeyer clarified neither Don nor Barbara Anderson are present. Commissioner Vaad
moved to vacate Special Use Permit #340 for Don Anderson, Inc. Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER VACATION OF SPECIAL USE PERMIT, SUP#151 - DUANE WILSON: Ms. Johnson stated
Duane Wilson submitted a letter dated November 4, 1999,requesting vacation of Special Use Permit#151
for the expansion of a sheep feedlot operation, which was approved by the Board of Commissioners on
May 24, 1972. Ms.Johnson explained Use by Special Review Permit#930 has been approved on this site
for composting, which will still remain in effect. Chair Kirkmeyer clarified Mr. Wilson is not present. In
response to Commissioner Hall, Ms. Johnston stated the Conditions of Approval for the two permits are
not connected and vacating Special Use Permit #151 will not effect Use by Special Review #930.
Commissioner Vaad moved to vacate Special Use Permit#151 for Duane Wilson. The motion,which was
seconded by Commissioner Geile, carried unanimously.
CONSIDER VACATION OF SPECIAL USE PERMIT, SUP#330-GLENN WILCOX: Ms. Johnson stated
Kenneth and Glenda Einspahr, current property owners, submitted a letter received November 16, 1999,
requesting vacation of Special Use Permit#330 for a Hog Operation, which was approved by the Board
of Commissioners on July 11, 1977. Chair Kirkmeyer clarified that neither Glenn Wilcox, nor Kenneth and
Minutes, April 12, 2000 2000-0842
Page 5 BC0016
Glenda Einspahrwere present. Commissioner Baxter moved to vacate Special Use Permit#330 for Glenn
Wilcox. Seconded by Commissioner Vaad, the motion carried unanimously.
FIRST READING OF ORDINANCE #215, IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE TOWN OF MEAD: Ms.
Johnson stated the Planning Commission recommends approval of the Coordinated Planning Agreement
with the Town of Mead. She stated the Department of Planning Services has not received any comments
regarding this matter since the Planning Commission hearing. In response to Commissioner Geile,
Richard Kramer, Mayor Pro-tem of Mead, referred to a map, marked Exhibit B, and stated the Town will
provide sewer service to the small portion located south of Highway 66,which has been annexed, through
an Intergovernmental Agreement with the St. Vrain Sanitation District. He further stated they will also
service a small portion of Sekich Business Park which has been annexed. Chair Kirkmeyer commended
the Town on its cooperation in drafting this agreement. Mr. Barker stated the Planning Commission has
requested Section#3.3(a)be amended to add an additional sentence to state, "The County may consider
such a proposal if, after a period of six months,the municipality has failed to act on a complete annexation
petition filed and pursued in good faith by the applicant or its predecessor." Following discussion regarding
the placement of the proposed language, Mr. Barker stated this has not yet been discussed with the Town
of Mead. Mr. Kramer stated the Planning Commission expressed concern that some towns would receive
an annexation petition and not act on it; however,there are some situations that will prevent the Town from
acting within six months. Chair Kirkmeyer suggested staff work with the Town of Mead before adding the
proposed language and then consider it at the following readings. No public testimony was offered
concerning this matter. Commissioner Hall moved to approve Ordinance#215 on first reading. Seconded
by Commissioner Vaad, the motion carried unanimously.
FIRST READING OF ORDINANCE #216, IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE TOWN OF KERSEY: Ms.
Johnson stated the Planning Commission recommends approval of the Coordinated Planning Agreement
with the Town of Kersey. Tom Schemp, Mayor for the Town of Kersey, stated this document has been
under consideration for over a year,and the Town attorney and Board of Trustees approve of the proposed
agreement. In response to Commissioner Geile, Mayor Schemp indicated the location of the new Town
boundaries including areas that have been annexed during the past year. He stated the new Town
boundaries will be submitted to the County later this year. Mayor Schemp stated the topography will make
it very easy to provide sewer and other services, and added the Town will be upgrading the existing sewer
system to accommodate growth. He further stated the Urban Growth Boundary will change once
annexations are complete and incorporated into the Town's Master Plan. Chair Kirkmeyer thanked Mayor
Schemp for his cooperation in finalizing this agreement. No public testimony was offered concerning this
matter. Commissioner Baxter moved to approve Ordinance #216 on first reading. Seconded by
Commissioner Vaad, the motion carried unanimously. In response to Chair Kirkmeyer, Mr. Barker stated
the proposed language discussed in previous matter will also be sent to the Town of Kersey and discussed
further at the next reading. Chair Kirkmeyer clarified that Ordinances #215 and #216 were read by tape
prior to discussion.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #215 and #216 were approved on first 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, April 12, 2000 2000-0842
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COL RADO
ATTEST: %EJ/tLzi&c
t<�,4�✓ Barbara J. meyer, Chair
Weld County Clerk to the ar-- ��
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M. J. eile, Fe km
BY:
Deputy Clerk to the Bo.'1 &N (�
�► �� - eorgiE. Baxter
Ddle K. Hall
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Minutes, April 12, 2000 2000-0842
Page 7 BC0016
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