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Home My WebLink About20001255.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 22, 2000 TAPE #2000-16 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, May 22, 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, Carol A. Harding Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners meeting of May 17, 2000, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on May 17, 2000, as follows: 1)A Site Specific Development Plan and Use by Special Review Permit#1261, Mike and Heather Hathaway; and 2) A Site Specific Development Plan and Use by Special Review Permit#1265, Ronald and Claudia Olson. Commissioner Hall 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 Hall seconded the motion, and it carried unanimously. PUBLIC INPUT: Chris Eickenberg, Pierce resident, stated the Town of Pierce is issuing tickets to mow the street which is adjacent to her property, and she presented pictures, marked Exhibit A, which indicate how far the street goes. Ms. Eickenberg stated she contacted Stan Sessions, who determined this property is a deeded parcel, and the street abuts the parcel. She also stated, the road is graded on the other side of the road up to the property line, which infringes approximately 50 feet on an 80-foot right-of- way. Ms. Eickenberg explained her difficulties in discussing this matter with the City Attorney, who feels the tickets for mowing are covered by ordinance, however, Ms. Eickenberg could not find an ordinance. She asked the County to withhold $35,000 which is given to Pierce through the County budgeting process 2000-1255 B00016 until they grade the street properly, since the funds are supposed to be used for street maintenance. Ms. Eickenberg has talked to other residents who have the same problems and is getting a petition signed, and she contacted Channel 9 News; however, she needs the Commissioners to help with the situation. Chair Kirkmeyer explained that since the Town of Pierce is an incorporated municipality, the Board of County Commissioners do not have jurisdiction over it, nor are they authorized to withhold the funds, which are a shareback required by State Statute. Mr.Warden clarified that the County is required by statute to share funds with all municipalities, based on the Public Works mill levy; however, there is no option for the County to withhold any funds, unless the municipality does not file its annual highway report. Chair Kirkmeyer reiterated the Commissioners have no legal jurisdiction to intervene, although Conimissioner Baxter does meet monthly with officials from Pierce, Ault, Eaton, and Nunn, and could speak to them on Ms. Eickenberg's behalf. Ms. Eickenberg also stated there is a Town meeting on June 12, 2000, and she would like the Board to have Stan Sessions attend to explain the options for dividing the parcels. Chair Kirkmeyer explained Mr. Sessions is an independent official, therefore, they can request his attendance, but cannot direct him to attend. Bruce Barker, County Attorney, stated a municipality, through an adopted ordinance,can require adjacent property owners to maintain certain rights-of-way. After further ciscussion, Mr. Warden reiterated the County has no authority to tell the municipality how to spend the funds, and that there is nothing the County can do about withholding the funds. Chair Kirkmeyer explained Ms. Eickenberg's only recourse is through the Town Board, and stated the Commissioners can talk to them, but they cannot take any action against them. Commissioner Baxter stated he did discuss this matter on the phone with Ms. Eickenberg, and he is willing to talk to the town officials on her behalf. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $649,055.68 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- BATAA OIL, INC.: Mike Sampson, Assessor's Office, stated his comments will address the firs:five items on the agenda, and indicated Prima Oil and Gas Company has two separate petitions. Mr. Sampson stated the Assessor's Office is requesting approval for all these abatements and explained that when oil and gas production is reported, the company is given the opportunity to report either at the wellhead or on net back. He further explained net back is when the product comes out of the well, is moved down the line to the shipping point, then deducting allowed expenses for transporting, pumping, administrative, etc. to come up with a "net back" price at the point of delivery. Mr. Sampson said is was not made clear how to process these declarations, and that a lot of companies were marking it on the declaration arid sending it in, therefore, the Assessor's Office taxed them all at the wellhead price. The Colorado Division of Property Taxation said that was not right, and it had to be done as reported. Mr. Sampson stated he, the County Attorney's Office, and Mr. Warden have tried to negotiate with another oil company, and tried to figure out some way to fight this approach; however, according to the way the rules are currently being interpreted, there is not really a way to do it differently. Mr. Sampson then went back to the agents and asked for a list of expenses and proper documentation, which was received; and he now believes the abatements are warranted and justified. Responding to Commissioner Geile, Mr. Sampson said all of the abatements are for 1997, 1998 will eventually come before the Board for abatement, and the current year has been taken care of. Responding to Commissioners Vaad and Baxter, Mr. Sampson stated is is actually a refund of taxes, and that it is a rather significant amount of money, although, it is not that large when you consider the overall total these companies pay each year. Chair Kirkmeyer commented this was discussed several months ago in a work session, and verified the agent from Logan and Firmine, Inc., did not have Minutes, May 22, 2000 2003-1255 Page 2 BC0016 any comments to make. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - HS RESOURCES COMPANY, C/O LOGAN AND FIRMINE, INC.: Commissioner Geile moved to approve said petition and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - NORTH AMERICAN RESOURCES COMPANY, C/O LOGAN AND FIRMINE, INC.: Commissioner Baxter moved to approve said petition and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- PRIMA OIL AND GAS COMPANY,AND PRIMA EXPLORATION, INC., C/O LOGAN AND FIRMINE, INC.: Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - DIVERSIFIED OPERATING CORPORATION, C/O LOGAN AND FIRMINE, INC.: Commissioner Geile moved to approve said petition and authorize the Chair to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR,"O SIGN - ROBERT MILLER: Commissioner Baxter moved to appoint Robert Miller as a Deputy District Attorney and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER COLORADO WORKS IN WELD COUNTY PUBLIC SECTOR WORK ACTIVITY AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Public Health and Environment, stated this is a non-financial agreement which provides work opportunities through the Colorado Works program. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT SPECIALIST: Commissioner Hall moved to approve said entry. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 35 BETWEEN STATE HIGHWAY 52 AND WELD COUNTY ROAD 12: Commissioner Baxter moved to approve said +emporary road closure. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE THE CHAIR TO SIGN - HS RESOURCES, INC.: Frank Hempen, Jr., Director of Public Works, stated this is a routine agreement. Responding to Chair Kirkmeyer, Mr. Hempen stated the soil has been certified as to not being contaminated. Commissioner Baxter moved to approve said agreement. The motion, which was seconded by Commissioner Hall, carried unanimously. CONSIDER APPOINTMENT TO AREA AGENCY ON AGING ADVISORY BOARD: Commissioner Vaad moved to appoint Marlene Stieber,the Area Agency on Aging Advisory Board with a term expiring January 31, 2003. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes, May 22, 2000 2000-1255 Page 3 8O0016 CONSIDER MEMORANDUM OF UNDERSTANDING REGARDING FINANCING AND OWNERSHIP OF FARM SHOW BUILDING AT ISLAND GROVE REGIONAL PARK IN GREELEY, COLORADO, AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this agreement reflects recent discussions with the Greeley City Council, Farm Show representatives,and County Commissioners, regarding the new building at Island Grove. Mr. Warden further stated there are two minor changes; the total in Paragraph 1 should be 75,000 square feet and that Curt Probed has recently been named as Chairman. Mr. Warden recommended approval,and stated the agreement reflects the Board's agreement at the previous meeting. Commissioner Geile moved to approve said Memorandum of Understanding with amendments as mentioned by Mr. Warden and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING: SECOND READING OF ORDINANCE #217, IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT BETWEEN THE COUNTY WELD AND THE TOWN OF MILLIKEN: Commissioner Hall moved to read Ordinance #217 by title only. Seconded by Commissioner Geile, the motion carried unanimously. Anne Best-Johnson, Department of Planning Services, stated no correspondence has been received since the first reading, and modifications were made, as discussed during first reading. Mr. Barker read the language for Section 3.3.a, to read, "The County may consider such a proposal if, after a period of seven months from the date of filing of a complete annexation petition pursued in good faith by the applicant or its predecessor, the municipality has failed to approve or deny such annexation" and indicated the addition of Section 6.5 entitled, "Creation of U.S. Highway 34 Comprehensive Development Plan." J. R. Schnelzer, Town Administrator, stated after working several years on this agreement, he appreciates the opportunity to put it into place, and the town attorney has been working to finalize the wording of the modification with Mr. Barker. There was no public testimony. Commissioner Baxter moved to approve Ordinance #217 on second reading with changes as indicated by Mr. Barker. Seconded by Commissioner Hall, the motion carried unanimously. FINAL READING OF ORDINANCE #215, IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE TOWN OF MEAD: Commissioner Hall moved to read Ordinance #215 by title only. Seconded by Commissioner Vaad, the motion carried unanimously. Anne Best-Johnson, Department of Planning Services, stated the same changes will be made to Section 3.3 as with the previous item. Mr. Barker presented a copy of a letter from Rick Sampson, Mead Attorney, dated May 4, which agreed to the seven month timefrarne for approval or denial of an annexation. Richard Kraemer, Mayor Pro-Tem, said he thought 12 months would be required in order to hold an election; however, he would rather agree to the seven months than not sign the agreement. Commissioner Baxter stated his understand was that seven months did allow erough time to hold an election, and Commissioners Hall and Geile stated they agree with the seven month timeframe. There being no public testimony, Commissioner Hall moved to approve Ordinance#215 on final reading. Seconded by Commissioner Geile, the motion carried unanimously. FINAL READING OF ORDINANCE #216, IN THE MATTER OF ADOPTING A COORDINATED PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE TOWN OF KERSEY: Commissioner Hall moved to read Ordinance#216 by title only. Seconded by Commissioner Baxter, the motion carried unanimously. Anne Best-Johnson, Department of Planning Services, stated no correspondence has been received since the second reading and the same changes to Section 3.3 are recommended. Mr. Barker clarified the same language was added to Section 3.3.a. as menticned in the previous two items. Mayor Tom Schemp, stated the attorney for the Town of Kersey agrees to the language as proposed, and feels it gives ample time to act; therefore, he has deferred to him and agrees with seven months. There being no public testimony, Commissioner Vaad moved to approve Ordinance #216 on final reading with changes. Seconded by Commissioner Geile, the motion carried unanimously. Minutes, May 22, 2000 2000-1255 Page 4 BCOO16 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance#217 was approve on second reading, and Ordinances#215 and#216 were approved on final reading with changes as proposed. 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 10:05 a.m. BOARD OF COUNTY COMMISSIONERS ;au% W LD COUNTY, COLORADO Barbara J. kmeyer, Chair I •i to the Board cs;e J. G ile, Pro-Tem o the Board \ / . Baxter Dale K. all , iF l�(J _i 4'.idl/ //f-/ e Glenn Vaad Minutes, May 22, 2000 2000-1255 Page 5 BC0016 • V 16'1X'? ft,„ - , .., ] li,, t ♦ .. 7r Ln. 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