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Home My WebLink About20000885.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 17, 2000 TAPE#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 17, 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 Comptroller, Claud Hanes MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of April 12, 2000, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on April 11, 2000: 1) Violation Hearings; and a Hearing conducted on April 12, 2000: 1)A Site Specific Development Plan and Major Subdivision Final Plan, S #523, for West Hill-N-Park, Fifth Filing - JER, a partnership. 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. 2000-0885 BC0016 WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board: All Funds $575,860.87 Electronic Transfers - All Funds $577.58 Commissioner Hall moved to approve the warrants as presented by Mr. Hanes. Commissioner Vaad seconded the motion, which carried unanimously. OLD BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- ROCKY MOUNTAIN FLOUR MILLING(CON'T FROM 04/10/2000): Michael Sampson,Assessor's Office, stated this matter was continued from April 10, 2000, to allow the petitioner adequate time to provide further documentation; however,the Assessor's Office has not received any evidence,therefore, he is still recommending a partial abatement valued at $385,640.00 with an abatement of $35,994.48. Chair Kirkmeyer clarified the petitioner is not present. Commissioner Baxter moved to approve said petition in part as recommended by staff and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- REDSTONE HILLS, LLC: Mr. Sampson stated the petitioner has submitted proof that the site was used for agricultural purposes in 1999 and he recommended approval of the petition. 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- D AND R LAND COMPANY: Mr. Sampson recommend denial because the petitioner has not submitted documentation to support a different valuation. He stated based on similar properties, the Assessor's Office feels the income and market information supports the original appraised value. Chair Kirkmeyer clarified the petitioner is not present. Commissioner Geile moved to deny said petition and authorize the Chair to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- GALLERY AT CHERRYWOOD, INC.: Mr. Sampson stated the lot was incorrectly assessed with a house; however, the lot is actually vacant and he recommends approval of the petition. Chair Kirkmeyer clarified the petitioner is not present. 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- MINER AND WHITE, LLC, DBA SUMMIT HOMES: Mr. Sampson recommended denial based on the fact that the Assessor's Office used the value of the property at the time of closing on January 1, 2000. He stated there is no documentation that suggests the valuation should be changed. He further stated the taxes should have been pro-rated by the closing company at the time of closing. Chair Kirkmeyer clarified the petitioner is not present. Commissioner Geile moved to deny said petition and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. CONSIDER TEMPORARY CLOSURE OF VARIOUS WELD COUNTY ROADS- WCR 3 BETWEEN SH 56 AND WCR 40.5;AND WCR 44 BETWEEN WCRS 11 AND 13: Commissioner Baxter moved to approve said closures. Seconded by Commissioner Hall, the motion carried unanimously. Minutes, April 17, 2000 2000-0885 Page 2 BC0016 CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-ROBERT BAUMGARTNER: Mr. Barker stated this is a standard nonexclusive license. Diane Houghtaling, Department of Public Works, stated under this agreement Robert Baumgartner will maintain the existing driveway rather than bring it up to County standards. In response to Commissioner Baxter, Ms. Houghtaling stated Mr. Baumgartner generates approximately five percent of the traffic and it would be an unjust burden to require that he upgrade the road himself. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER CHANGE OF PREADVERTISEMENT DATE FOR CHANGE OF ZONE #540 - JIM AND BONNIE BATES: Esther Gesick, Deputy Clerk to the Board, stated the notice for Change of Zone #540 requires 15 days publication prior to the hearing date and the notice was not sent early enough to accommodate a May 3, 2000, hearing. Ms. Gesick requested the dated be changed from May 3, 2000, to May 10, 2000, at 10:00 a.m. Commissioner Baxter moved to change the hearing date for Change of Zone #540 for Jim and Bonnie Bates from May 3, 2000, to May 10, 2000, at 10:00 a.m. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR SANDRA'S VISTA PLANNED UNIT DEVELOPMENT, S#476 - KERMIT BOHRER: Julie Chester, Department of Planning Services, stated Kermit Bohrer has requested release of the collateral for Planned Unit Development, S #476, in the amount of$37,000.00. Ms. Chester stated the Department of Public Works inspected the site and recommends cancellation and release of the collateral, with 15 percent of the total amount to be retained for a one-year period. Commissioner Hall moved to cancel and release said collateral and accept replacement collateral for Sandra's Vista Planned Unit Development, S#476, in the amount of$450.00, for Kermit Bohrer. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER MINOR RESUBDIVISION TO VACATE A THREE-FOOT PORTION OF AN EXISTING 15- FOOT DRAINAGE AND UTILITY EASEMENT ON THE EAST SIDE OF LOT 3, BLOCK 1,WEST HILL-N- PARK SUBDIVISION,S#526-LIFESTYLE HOMES, INC.: Christopher Gathman,Department of Planning Services, stated there is an existing residence that encroaches approximately 2 feet into the 15-foot drainage and utility easement. Mr. Gathman gave a brief description of the location of the site, and added three referral agencies responded with no conflicts. He stated the Weld County Utility Advisory Committee recommended approval of this request at its March 9, 2000, meeting. Mr. Gathman stated the proposal is in compliance with the Subdivision Ordinance. He stated this is an existing drainage and utility easement, the utility companies have signed a petition which allows the residence to encroach on the easement, and all of the surrounding property owners have signed a petition waiving any objection to this vacation. In response to Commissioners Baxter and Hall, Mr. Gathman stated the house has been located in the easement since May 1999, and stated the standard setback is 10 feet from the property line. Responding to Commissioner Baxter, Mr. Gathman stated in this case the full 20-foot easement was placed on one property, with no easement on the adjoining property. No public testimony was offered concerning this matter. Commissioner Hall moved to approve said Minor Resubdivision to vacate a three- foot portion of an existing 15-foot drainage and utility easement on the east side of Lot 3, Block 1, West Hill-N-Park Subdivision, S #526, for Lifestyle Homes, Inc. Commissioner Vaad seconded the motion, which carried unanimously. Minutes, April 17, 2000 2000-0885 Page 3 BC0016 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. There being no further business, this meeting was adjourned at 9:20 a.m. BOARD OF COUNTY COMMISSIONERS LI/"W. WELD COUNTY,, CO/LORADO ATTEST: , E• � f ✓ R / t�/rc Barbara Kirkmeye,,rTT, ""Chair Weld County Clerk to the Boary '1861 41/‘'12 . . Get , Pro-Tern BY: ?El- ;(, Deputy Clerk to the Board Ii u� ,� tv � `f�orge . Baxter Dale K. Hall Glenn Vaa Minutes, April 17, 2000 2000-0885 Page 4 BC0016 Hello