HomeMy WebLinkAbout20000997 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 1, 2000
TAPE #2000-13
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 1, 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-Tern
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 Hall moved to approve the minutes of the Board of County Commissioners
meeting of April 26, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on April 26, 2000, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit #1257, Jim Docheff, Docheff Dairy. Commissioner Geile seconded the motion, which carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $805,375.55
Electronic Transfers - All Funds $885,178.27
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-
HS RESOURCES, INC. (#0498086): Stan Sessions, Weld County Assessor, stated this and the following
four items are regarding wells owned by HS Resources which were double assessed due to a computer
error which assessed a 25 percent increase as a penalty, and he recommends approval of said petitions.
Commissioner Hall moved to approve said petition 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-
HS RESOURCES, INC. (#01236598): Commissioner Baxter moved to approve said petition. Seconded
by Commissioner Vaad, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
HS RESOURCES, INC. (#00084092): 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, INC.(#01236198): 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-
HS RESOURCES, INC. (#01473099): 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, INC. (#01475399): Ms. Sessions stated this property was incorrectly assessed due to
a data entry error and he recommends approval. Commissioner Baxter moved to approve said petition
and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER TASK ORDER FOR TOBACCO EDUCATION AND PREVENTION PARTNERSHIP AND
AUTHORIZE CHAIR TO SIGN: Judy Nero, Weld County Department of Public Health and Environment,
stated this task order will become part of the Five-Year Master Plan. She explained the Weld County
Department of Public Health and Environment will provide services as detailed in the memorandum dated
April 26, 2000. For these services, the Health Department will be reimbursed an amount not to exceed
$36,000. Commissioner Geile moved to approve said task order and authorize the Chair to sign.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF VARIOUS WELD COUNTY ROADS - WCR 49
BETWEEN WCRS 42 AND 44; AND WCR 38 BETWEEN WCRS 3 AND 5: Commissioner Baxter moved
to approve said temporary road closures. The motion,which was seconded by Commissioner Hall,carried
unanimously.
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CONSIDER ACCEPT PROPOSAL FOR 2000 CONSULTING RIGHT-OF-WAY ACQUISITION SERVICES
AND AUTHORIZE CHAIR TO SIGN FORTHCOMING DOCUMENTS - WESTERN STATES LAND
SERVICES, INC.: Frank Hempen,Jr., Director of Public Works,stated Western States and Land Services,
Inc., will assist the Department of Public Works in acquiring right-of-way for improvement projects as an
interim service until the full-time position that typically did this type of work is refilled. Mr. Hempen reviewed
the various projects, as detailed in the proposal, and stated the cost for these services will total
$20,600.00. Commissioner Baxter moved to accept said proposal and authorize the Chair to sign any
forthcoming documents. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY,APPROVE CONTRACT TO
AUCTION WITH RITCHIE BROS.AUCTIONEERS(AMERICA), INC.,AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated the County usually sells this type of equipment through Ritchie Bros. Auctioneers
(America), Inc. and gets a good return; however, they are affiliated with Alex Lyon and Son Sales
Managers and Auctioneers, Inc., and one of the graders will be auctioned through Alex Lyon, as indicated
in the following item of business, to see if he can get a better return. Commissioner Geile moved to
declare said equipment as surplus property,approve the contract with Ritchie Bros.Auctioneers(America),
Inc.,and authorize the Chair to sign. Seconded by Commissioner Baxter,the motion carried unanimously.
CONSIDER DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY,APPROVE CONTRACT TO
AUCTION WITH ALEX LYON AND SON, SALES MANAGERS AND AUCTIONEERS, INC., AND
AUTHORIZE CHAIR TO SIGN: Commissioner Hall moved to declare said equipment as surplus property,
approve the contract with Alex Lyon and Son Sales Managers and Auctioneers, Inc., and authorize the
Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT FORM OF COLLATERAL FORAVERYACRES PLANNED UNIT DEVELOPMENT FINAL PLAN,
S #496 - JAMES AND JOHN SUTTER, DBA AVERY FARMS, LLC: Sheri Lockman, Department of
Planning Services,stated the Departments of Planning Services, Public Works,and the County Attorney's
Office have reviewed the Improvements Agreement and form of collateral and recommend approval.
Commissioner Hall moved to approve said agreement, authorize the Chair to sign, and accept the form
of collateral. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT FORM OF COLLATERAL FOR VISTA COMMERCIAL CENTER, FILING II, PLANNED UNIT
DEVELOPMENT, S#416-HORIZON INVESTMENTS, LLC: Monica Mika, Director of Planning Services,
stated the Weld County Departments of Planning Services,Public Works,and the County Attorney's Office
have reviewed the Improvements Agreement and form of collateral and recommend approval. Ms. Mika
gave a brief description of the location of the site. Commissioner Vaad moved to approve said agreement,
authorize the Chair to sign, and accept the form of collateral. Commissioner Baxter seconded the motion,
which carried unanimously.
SECOND 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 Baxter, the
motion carried unanimously. Bruce Barker, County Attorney, read said title into the record. Anne Best-
Johnson, Department of Planning Services, reviewed the Planning Commission Resolution dated
March 21, 2000, for the record, and stated the Mayor Pro-Tem for the Town of Mead is not yet present;
however, he is planning on attending. Mr. Barker stated additional language, marked Exhibit B, was
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proposed by the Planning Commission for Section 3.3.a of this agreement which was sent to the Town of
Mead for review following the first reading. Commissioner Hall commented the Town of Windsor has
indicated the six-month requirement may not be enough time to act. Mr. Barker stated it would not be a
problem to extend the time requirement to 12 months; however, it will be a longer delay for the property
owner. He explained the Planning Commission expressed concern that without a time requirement, towns
will have the ability to hold a petition and never act on it. The language is written to indicate that once a
complete annexation petition is submitted, the town will have six months to take action. He stated most
of the towns have indicated that 12 months would be sufficient. Commissioner Hall stated the Town of
Mead has indicated that six months will not be enough time because it is required to place each annexation
request on a ballot for a public vote. He further stated it may not always take 12 months, but the towns
will have that flexibility if necessary. Commissioner Baxter stated the town could decline or agree and then
take official action within a year. Commissioners Geile and Baxter stated he would like to wait and hear
comments from the town prior to making a decision. Chair Kirkmeyer left this matter open for discussion
and called up the following item of business.
SECOND 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. Mr. Barker read said title into the record. Ms. Johnson reviewed the Planning
Commission Resolution for March 21, 2000, recommending approval. Tom Schemp, Town of Kersey
Mayor,stated the proposed language for Section 3.3.a of the Intergovernmental Agreement is acceptable;
however, the intent should be clarified. Mr. Barker stated it would be sufficient if once the petitioner
submits all necessary documents and the Town holds a hearing to consider the petition within six months.
He stated the proposed language also allows the petitioner to come before the Board of Commissioners
to make a determination if they feel the requirement has not been met. In response to Commissioner
Geile, Chair Kirkmeyer stated the petitioner will have the ability to come before the Commissioners if no
action is taken. Commissioner Geile commented it would be helpful if towns would submit a letter
regarding progress on various annexations so the Board is informed as to when it should consider a
complaint or not. Commissioner Hall stated it should be determine whether the word "act" means starting
the process or completing the process. In response to Chair Kirkmeyer, Mayor Schemp stated there are
situations that could prevent the town from completing a petition within a six-month period. Mr. Barker
stated the proposed language was written with the intent that the process is started, not completed, within
six months. Commissioner Hall stated it may not be necessary to include the language because the Board
of Commissioners does not need to hear a petition if it is still pending with a town. Chair Kirkmeyer
commented this language was proposed for the Town of Mead because its process requires more time.
Commissioner Hall reiterated the time frame may not be the best way to resolve the concern that towns
are delaying the annexation process. In response to Commissioner Baxter, Chair Kirkmeyer stated the
Town of Mead indicated it would need at least six months because once a petition is accepted,the request
must be put to a vote and may require as much as three months to get the issue on the ballot. Mr. Barker
stated the Town of Windsor has indicated that a year would be sufficient time to complete the annexation
process. Commissioner Hall stated all towns have the potential of putting an issue to a vote; it is not an
undue request to have the developer go through the process with the town before coming to the Board.
In response to Mayor Schemp, Commissioner Hall stated he interprets the term "act" to mean that the
Town must either accept and complete the annexation or deny the request. Chair Kirkmeyer commented
the proposed language is confusing and vague. Commissioner Hall stated the 12-month time limit will
safeguard the developer from towns holding a petition and never taking any action. In response to
Commissioner Geile, Mr. Barker stated without the language there will be no requirement for towns to
complete a petition; however,with the proposed language the developer has the means for coming to the
County if the town does not take action. Commissioner Hall stated it appears the towns are concerned
with the vagueness of the language. Mayor Schemp stated this requirement should be addressed in the
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Town of Kersey's Comprehensive Plan. Commissioner Hall requested the Mayor for Mead come and add
to the discussion.
Richard Kramer, Town of Mead Mayor Pro-Tern, reviewed the reason for the language proposal, and
stated 12 months to act is not too long; however, it would be very difficult to finalize the process within six
months. In response to Commissioner Geile, Mayor Kramer stated if necessary an agreement between
the town and developer could extend the time frame due to delays. Mayor Schemp stated annexations
do not get voted on in the Town of Kersey and the language may not be necessary in its agreement. He
further stated he is not opposed to the language because it will require the Town to move forward, but he
would like the term"act"to be clarified. He stated under State statutes, the petitioner can take court action
against a town if it does not act. Following discussion regarding interpretation of the proposed language,
Commissioner Hall suggested combining the first and second sentences as an either/or option. Ms.
Johnson suggested clarifying the term "act" as well as what a complete annexation petition consists of.
Mayor Schemp stated as discussed this language will also give the developer another remedy for resolving
the situation. Mayor Kramer stated the Town of Mead desires the developers to come to the Town first,
and as proposed by Commissioner Hall, the developer cannot change its proposal if denied by a town,and
then submit it to the County. Chair Kirkmeyer stated this language needs to be clarified for clear
understanding among all parties prior to consideration at final reading. No public testimony was offered
concerning these matters. Commissioner Hall moved to approve Ordinances #215 and #216 on second
reading with the concept as discussed regarding Section 3.3.a to be finalized by May 22, 2000.
Commissioner Geile seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #215 and #216 were 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 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLD DO
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Dale K. Hall
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Minutes, May 1, 2000 2000-0997
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