HomeMy WebLinkAbout20001955.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 14, 2000
TAPE #2000-22
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, August 14, 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 - EXCUSED
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 Hall moved to approve the minutes of the Board of County Commissioners
meeting of August 9, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #218 BY TAPE: Commissioner Hall moved to read Ordinance #218 by tape.
Seconded by Commissioner Geile, the motion carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on August 8, 2000, as follows: 1) Violation Hearings; and Hearings conducted on August 9,
2000, as follows: 1) Change of Zone#545, Harvey and Jean Markham; and 2) Final Plan S#534, Shawn
and Paula Petersburg. Commissioner Geile seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
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BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,575,926.09
Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - SIPRES LOUNGE, INC, DBA SIPRES LOUNGE: Bruce Barker, County Attorney, stated Deputy
Grein expressed no concerns with this renewal and recommended approval. Commissioner Hall moved
to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE: Mr. Barker stated this application is forSipres Lounge to conduct
dances during the calendar year of 2001. Commissioner Hall moved to approve said application.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INVESTMENT ACT AND
AUTHORIZE CHAIR TO SIGN- ROCKY MOUNTAIN SER: Walt Speckman, Director of Human Services,
stated this is the last Memorandum required under the Workforce Investment Act, and it coordinates
resources to prevent duplication and ensure the effective and efficient delivery of workforce development
services in Weld County. Commissioner Baxter moved to approve said Memorandum of Understanding
and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried
unanimously.
CONSIDER TAP FEE AGREEMENT AND PETITION FOR INCLUSION OF LANDS FOR FORT LUPTON
GRADER SHED AND AUTHORIZE CHAIR TO SIGN - CENTRAL WELD COUNTY WATER DISTRICT
Frank. Hempen, Jr., Director of Public Works, stated both this item and the next concern obtaining water
for the Ft. Lupton Grader Shed. This is for two tap fee agreements, one with Central Weld County Water
District and one with the Northern Colorado Water Conservancy District. Mr. Hempen stated the tap fee
is $18,600.00 and extension of the line will cost$33,300.00, and he recommended approval of both items
Responding to Commissioner Geile, Mr. Warden stated the funds are included in this year's budget
Commissioner Baxter moved to approve said agreement and petition and authorize the Chair to sign
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER PETITION FOR INCLUSION OF LANDS FOR FORT LUPTON GRADER SHED AND
AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO WATER CONSERVANCY DISTRICT: Mr.
Hempen stated this tract of land has never been annexed into the water district. Commissioner Hall moved
to approve said petition and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE
CHAIR TO SIGN -TITLE COMPANY OF DENVER: Mr. Barker stated this is the standard agreement and
he recommends approval for Title Company of Denver to access the Clerk and Recorder Data Base.
Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Commissioner
Geile seconded the motion, which carried unanimously.
Minutes, August 14, 2000 2000-1955
Page 2 BC0016
CONSIDER RESOLUTION RE: INCREASE PETTY CASH FUND AT WELD COUNTY AMBULANCE
SERVICE: Mr. Warden stated he has reviewed this request, as has the Comptroller. It is needed for those
times when employees are on longer trips, such as the northeast portion of the County, and meals are
required. Commissioner Baxter moved to approve said resolution. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
CONP,GRA: Mr. Warden stated said agreement is in accordance with County policy, and basically gives
a 50 percent credit for the personal property tax over a four-year period of time. Commissioner Geile
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
NORFOLK IRON AND METAL COMPANY: Mr. Warden stated this agreement is similar to the previous
item of business. Commissioner Geile moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Baxter, carried unanimously.
FIRST READING OF ORDINANCE#218, IN THE MATTER OF APPROVING AND IMPLEMENTING THE
WELD COUNTY LAND PRESERVATION SALES AND USE TAX PROGRAM: Mr. Barker stated,through
discussion it was determined this matter should be handled by a referendum on an Ordinance adopted by
the Board. He stated the signatures submitted by citizens were taken as evidence that there is support
for the idea, and further stated there are three readings set for the Ordinance. It would then be referred
for the November election. Mr. Barker stated he worked with Don Sandoval to get it into a form acceptable
to the County,as well as helped establish the wording for the ballot. Don Sandoval was present and stated
there is a tremendous amount of citizen support for this issue. He said he has signatures from all over the
County, as well as most municipalities. Responding to Commissioner Geile, Mr. Sandoval stated this is
a retail sales tax, which will exclude food, farm equipment, machinery, pesticides, etc. He further stated
this is a State-collected sales tax, and there are approximately 69 exemptions the State applies.
Responding further to Commissioner Geile, Mr. Sandoval stated the farmer would be paid the difference
between farm land and the land if it were a development, and also noted there is a provision included tc
purchase the land back, indicating page 13 deals with the restriction on transfer of encumbered lands Mr.
Sandoval also noted the Board of County Commissioners and a citizens group will set up regulations and
determine how this program will be administered. Chair Kirkmeyer stated the reality is it should not
happen, and indicated the goal is to preserve pockets of agricultural uses throughout the County which
will otherwise be tied with developments. Mr. Sandoval stated the committee has not yet been set up, but
said it would involve key parcels contiguous or close to each other; however, municipalities will be allowed
to apply for these funds according to their growth areas, so in the distant future some property may need
to be returned.
John Folsom, resident, stated he is in support of this the Ordinance since it meets several agricultural
goals and policies as stated in the Weld County Comprehensive Plan. Mr. Folsom noted that Town of
Frederick currently has a tax to preserve open space, and adoption of this Ordinance would make a
statement that the Weld County government and residents are determined to protect and preserve
agricultural land.
Frank Bowles, resident,said he is in support of everything Mr. Folsom said. He commented he is originally
from the east coast and would hate to see a solid strip of development from Cheyenne to New Mexico.
He stated that when he collected signatures throughout the County, he noticed that most people feel
development is unstoppable.
Don Shed, employee of the Town of Windsor, stated Windsor is in support of this Ordinance. and
presented a copy of Windsor's Resolution #2000-53 stating the same.
Minutes, August 14, 2000 2000-1955
Page 3 BC0016
Adam Eichberg, representing Trust for Public Land, stated this is a National Conservation Organization
arid, part of his job is to help communities evaluate whether they are ready for measures such as this
Ordinance. The organization has studied growth in Weld County over the last eight months and is in
support of the Ordinance as proposed. Through all its research, public hearings,etc., it appears the public
is anxious to preserve the lands, rivers, and streams, as well as the heritage of this area. Mr. Eichberg
stated the numbers shown on the public opinion survey which was taken in Weld County were the highest
they have ever seen within the State of Colorado. With growth sprawling along the Front Range, this is
one tool to help combat development and protect the heritage of Weld County.
Mike LaRue, citizen, stated agriculture has been working with growth,seeking to find out the mutual needs
of the farmer and the developer, and trying to make those the directive. He stated farm land is viable in
some cases within a municipal or developed area, and farmers can benefit, as well as the developer; and
it is hard to see any negatives. He further stated this will help make it viable for the farmer to stay in
agricultural production. Mr. LaRue also stated his concern about protecting property rights; however, as
written, this would keep the farmer from being forced to sell, it would maintain individual property rights,
but also allow the farmer to take an investment from his portfolio and gain currency for the present.
Virginia Shaw, member of the Saint Vrain Concerned Citizens, stated the group is concerned with the
quality of life and agriculture in the southwest Weld area, and strongly urges the Board to support this
issue.
Mike Shaw, resident, stated his farm and ranch are family operated. He stated since this issue being
addressed on the State and national levels, as well as every Front Range county throughout Colorado, to
apply for whatever monies are made available for open space, the people need to have a chance to vote
on this issue.
Artie Elmquist, resident, stated the Board has a unique opportunity to effectively manage growth. He
further stated this is set up on a totally volunteer basis for the seller and buyer, and it allows the property
owner to chose whether to sell. Mr. Elmquist stated the City of Longmont is considering a similar measure.
Mr. Sandoval submitted three other resolutions from the Towns of Milliken and Firestone, and the City of
Evans. He also stated the Town of Platteville is also acting to show support for this measure. Responding
to Commissioner Geile, Mr. Sandoval concluded there should be a change in the description of the first
district, as stated on page 11 of the draft Ordinance. After further discussion, Chair Kirkmeyer suggested
attaching a map clearly showing each district and amending the language to accurately describe boundary
lines between districts.
There being no further testimony, Commissioner Geile moved approve Ordinance #218 on first reading,
with a map to be included and language amended to accurately describe the boundaries between districts.
Commissioner Hall seconded the motion. Commissioner Baxter stated that, even though there will not be
much benefit to his district, he is in favor of letting the people decide, therefore he is in favor of the motion.
Chair Kirkmeyer stated she is in favor of this because it will let the people decide, it helps fulfill the County's
Comprehensive Plan goals, there is a provision for sunset within ten years, a citizens advisory board
makes the determination, and it requires a willing seller since no condemnation is allowed. Mr. Barker
indicated there are a few typo's that also need to be cleaned up. The motion carried unanimously
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT#1214 FOR TD MACHINING, INC. -TONY DILLER, BRUCE VICTOR, AND JEFF GIACOMINO:
Sheri Lockman, Department of Planning Services, explained a site check done on July 22, 2000, verified
all landscaping has been completed and the pavement of the parking lot inspection was completed in
October of last year. Since eleven months have elapsed since completion of the inspection, the
Minutes, August 14, 2000 2000-1955
Page 4 BC0016
Department of Public Works is not requesting the 15 percent retainage. Commissioner Geile moved to
cancel and release said collateral for Use by Special Review Permit#1214 for TD Machining, Inc.,for Tony
Diller, Bruce Victor, and Jeff Giacomino. Commissioner Baxter seconded the motion, which carried
unanimously.
CONSIDER RECORDED EXEMPTION #2789 - DONALD AND JOAN ROTHARMEL: Chris Gathman,
Department of Planning Services,stated staff recommends continuance of this matter for at least 30 days,
since the applicants are modifying the proposal to include a Subdivision Exemption. Gary Gettman,
applicant's representative, stated the continuance is necessary to add the Subdivision Exemption.
Commissioner Baxter moved to continue Recorded Exemption #2789 for Donald and Joan Rotharmel to
September 18, 2000, at 9:00 a.m. Commissioner Hall seconded the motion, which carried unanimously.
SECOND READING OF ORDINANCE #201-A, IN THE MATTER OF AMENDMENTS TO A
COORDINATED PLANNING AGREEMENT FOR REFERRAL AND ENFORCEMENT PROCEDURES AND
UNIFORM BASELINE STANDARDS AMONG THE COUNTY OF WELD, CITY OF DACONO, TOWN OF
FIRESTONE,AND TOWN OF FREDERICK: Commissioner Hall moved to read Ordinance#201-A by title
only. Seconded by Commissioner Geile, the motion carried unanimously. Mr. Barker read said title into
the record. Anne Best-Johnson, Department of Planning Services, stated the Planning Commission gave
a favorable recommendation on June 20, 2000, and reviewed staff's reasons for approval. No public
testimony was offered. Commissioner Hall moved to approve Ordinance #201-A on second reading.
Commissioner Geile seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #218 was approved on first reading with changes, and Ordinance #201-A 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.
There being no further business, this meeting was adjourned at 10:10 a.m.
;� ,��� BOARD OF COUNTY COMMISSIONERS
Akita/� '�14�1 COUNTY, COLORADO
ATTEST: 1 ' t
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V' s ra J. lmeyer, hair
Weld County Clerk to the j r' .2/n//1 1
1981 / /La/
c� ��-' M"J. ' e, Pro-Tem
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Deputy Clerk to the Bo O / C r e
UIN ge Ems. Baxter
Dale K. all
EXCUSED -
Glenn Vaad
Minutes, August 14, 2000 2000-1955
Page 5 BC0016
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