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Home My WebLink About20001628.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 10, 2000 TAPE #2000-19 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, July 10, 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- EXCUSED 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 Geile moved to approve the minutes of the Board of County Commissioners meeting of July 5, 2000, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings conducted on July 5, 2000, as follows: 1)A Site Specific Development Plan and Use by Special Review Permit#1268 - KGF, Inc., do Glen Fritzler; and 2) A Site Specific Development Plan and Amended Use by Special Review Permit #840 -Andesite Rock Company. Commissioner Geile seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: The following was added under Presentations: CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed. Commissioner Vaad seconded the motion, and it carried unanimously. PRESENTATIONS: PRESENTATION OF FAIR BOOKS TO BOARD -WELD COUNTY FAIR ROYALTY: Fair Queen, Kiera Mast, and her attendants, Holly Lanning and Jessica Peterson, presented the Board with the 2000 Fair Book and a signed picture of the Fair Royalty. They thanked the Board for its support, and in response to Commissioner Geile, Miss Mast stated they have been attending luncheons and parades to help promote the fair activities which will take place from July 24-31, 2000. PUBLIC INPUT: There was no public input. 2000-1628 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $1,634,135.08 Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PRELIMINARY ABSTRACT OF ASSESSMENT AND MASTER PROTEST LOG:Christopher Woodruff, Assessor's Office, stated he has submitted the preliminary values of all taxable real property in Weld County. Mr.Woodruff stated the total assessed value for real property in Weld County is currently $1,413,834.870.00. He further stated the total amount is up approximately 12.2 percent from the end of last year. Mr.Woodruff stated the 890 protests were adjusted,446 were denied, and nine were withdrawn resulting in an overall adjustment of $22,594,200.00. Commissioner Vaad moved to approve said Preliminary Abstract of Assessment and Master Protest Log. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER CHANGE ORDER LETTER FOR RESIDENTIAL TRANSITION IRT AND RESIDENTIAL DIVERSION IRT AND AUTHORIZE CHAIR TO SIGN: Jan Zuber, Community Corrections Board staff, stated this change order letter reflects a reduction in funds. In response to Commissioner Geile, Ms.Zuber stated the 19th Judicial District will provide the funding necessary for the remaining 32 beds that are no longer covered by State funding. Commissioner Geile moved to approve said change order letter and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER APPOINTING PROXY TO REPRESENT WELD COUNTY AT SPECIAL MEETING OF LUPTON MEADOWS DITCH COMPANY AND AUTHORIZE CHAIR TO SIGN: Commissioner Hall moved to appoint Frank Hempen, Jr., Director of Public Works, as proxy to the special meeting of the Lupton Meadows Ditch Company, scheduled for July 18, 2000, at 7:00 p.m. The motion,which was seconded by Commissioner Geile, carried unanimously. CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE #213-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2000: Mr. Warden stated this is the first Supplemental Appropriation for fiscal year 2000. He explained a notice must be published at least once prior to the Board's consideration of the matter. Commissioner Geile moved to approve said resolution. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD RIGHT-OF-WAY SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND RIGHT-OF-WAY -ANHEUSER-BUSCH, INC., A MISSOURI CORPORATION: Lee Morrison,Assistant County Attorney,stated the petitioner is requesting a mile portion of right-of-way be vacated that is located within the sprinklered portion of property owned by Anheuser-Busch, and added the petitioner owns property on both sides of the right-of-way. He explained the petitioner has agreed that the easements may continue to exist for utility purposes,there are aboveground utilities servicing the site,and the Department of Public Works has reviewed the petition and recommends acceptance. Charles Huddleson represented the petitioner and reviewed proposal for the Board. In response to Chair Kirkmeyer, Mr. Hempen stated he does not anticipate any need for this portion of right-of-way. Responding to Commissioner Vaad,Mr.Hempen stated the Tri-State Transmission Line will not be affected by this vacation because the utility company will still have access easements for maintenance. Commissioner Geile moved to accept the petition of Anheuser-Busch, Inc., and approve said vacation of Weld County road right-of-way located between Sections 15 and 22, Township 8 North, Minutes, July 10, 2000 2000-1628 Page 2 BC0016 Range 67 West of the 6th P.M.,Weld County, Colorado. Commissioner Vaad seconded the motion,which carried unanimously. PLANNING: CONSIDER VACATION OF SPECIAL USE PERMIT#264 FOR A GAS PROCESSING PLANT- NORTH AMERICAN RESOURCES COMPANY: Sheri Lockman, Department of Planning Services,stated Charles and Vicky Wacker, property owners, are requesting Special Use Permit#264 be vacated. She stated the original permit included a Condition of Approval requiring the structures be removed from the property within one year from the date the operation ceased. Ms. Lockman stated the gas processing plant was removed when the property was still leased by Vessels Gas Processing, and North American Resources Company has had a lease on the property up until this time for use of a compressor; however, that has also been removed. In response to Commissioner Vaad, Ms. Lockman stated the original permit did not have Conditions of Approval or Development Standards which specifically addressed reclamation of the site; however, the current property owners have been informed that at the time they apply to develop the site, they will be required to do a Resubdivision at which time the reclamation will be addressed. She further stated there is a dispute as to who is responsible for the cleanup of the site because original operator and property owners are no longer involved with the property. Responding to Commissioner Vaad, Bruce Barker, County Attorney, expressed concern because the reclamation issue has not been resolved and vacating the permit will leave the County with no means of enforcement for cleanup of the site. In response to Commissioner Hall and Chair Kirkmeyer, Ms. Lockman explained the original permit was with the Oil and Gas Company leasing the site, not the property owners, and she reiterated the property owner at the time of the original application no longer owns the property and the leasing company is also new. She stated Vessels Gas Processing is disbanding and has been very difficult to contact, North American Resources Company only claims responsibility for the compressor site, and the current property owner purchased with the understanding that they would be able to develop; however, there is a court battle regarding the development of the site. Responding to Commissioner Geile, Ms. Lockman stated there has not been an environmental assessment of the site, and North American Resources Company did apply to amend the permit for two compressors sites on the property; however, it withdrew its application at the Planning Commission stage. Ms. Lockman further stated the lessee did apply for the Special Use Permit; however, it did require the signature of the property owner, and the use remains with the property, not the ownership. Responding further to Commissioner Geile, Mr. Barker stated in this situation it appears the current landowner may be left with all of the problems generated by previous operators on the site. Chair Kirkmeyer commented that the Environment Protection Agency will evaluate the responsibility of all parties that have ever been involved with the property. In response to Commissioner Vaad, Mr. Barker stated the County was never responsible for cleaning up the property; however, it is responsible for enforcing the Conditions of Approval or Development Standards. Mr. Barker recommended this matter be continued to Wednesday, July 12, 2000, for further review. Commissioner Vaad moved to continue said vacation to Wednesday, July 12, 2000. Commissioner Geile 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. Minutes, July 10, 2000 2000-1628 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:30 a.m. BOARD OF COUNTY COMMISSIONERS hrietiliiii W LD COUNTY, COL RADO ATTEST: 4Zk4, �► I L Barbara J. ' meyer, Chair Weld County Clerk to the Bo.r. a 1861 M. J. eile, Pro-Tern BY: i .�. ♦.i. .t� ii�n►�� Deputy Clerk to the Boa O e -� EXCUSED ® <�: e E. B ter Dale V itetA Glenn Vaad Minutes, July 10, 2000 2000-1628 Page 4 BC0016 Hello