HomeMy WebLinkAbout20001882.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 11, 2000
TAPE#2000-24
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, September 11, 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
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners
meeting of September 6, 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 September 6, 2000, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit #1277, Earth Balance, Inc. 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: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,031,495.33
Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2000-1882
BC0016
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
ALAN WILSON: Bruce Barker,County Attorney,stated the Assessor's Office staff concurs with the petition
and recommends approval. Commissioner Hall moved to approve said petition as recommended by staff
and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
JILL BLAND: Mr. Barker stated the Assessors Office staff concurs with the petition request and
recommends approval. Commissioner Vaad moved to approve said petition as recommended by staff and
authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
WILLIAM AND ELIZABETH STERLING: Mr. Barker stated the Assessors Office staff concurs with the
petition request and recommends approval. Commissioner Hall moved to approve said petition as
recommended by staff and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
WILLIAM AND KARROL STEEVES: Mr. Barker stated the Assessors Office staff concurs with the petition
request and recommends approval. Commissioner Baxter moved to approve said petition as
recommended by staff and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
ALLIE AMENDOLA: Mr. Barker stated the Assessors Office recommends partial abatement for reasons
as indicated on the petition. Chair Kirkmeyer clarified the applicant is not present. Commissioner Vaad
moved to approve said petition in part as recommended by staff and authorize the Chair to sign.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER VALE GRANT APPLICATION FOR VICTIM/WITNESS PROGRAM: Gary Rathke, District
Attorney's Office, stated this application requests funding in the amount of$124,187.00. In response to
Commissioner Geile, Mr. Rathke stated the VALE Board is the Victims Assistance and Law Enforcement
Board, and he gave a brief description of its terms and purpose. Commissioner Vaad moved to approve
said application. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER SECURITY AGREEMENT AND CERTIFICATION OF PROCUREMENT AND ACCEPTANCE
FOR PURCHASE OF TWO WHEELCHAIR-EQUIPPED VANS AND AUTHORIZE CHAIR TO SIGN:Walt
Speckman, Director of Human Services, stated under this agreement,the Department of Human Services
will be reimbursed in the amount of $32,877.60, for the purchase of two wheelchair-equipped vans.
Commissioner Baxter moved to approve said agreement and certification and authorize the Chair to sign.
The motion was seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 66 (AA STREET) BETWEEN
35TH AVENUE AND 47TH AVENUE: Commissioner Hall moved to approve said temporary closure and
authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER ESTABLISHING CHANGE FUND FOR DEPARTMENT OF BUILDING INSPECTION: Mr.
Warden stated the Department of Building Inspection will be opening a new satellite office in Fort Lupton
on September 18, 2000, and the staff will need a change fund in the amount of $100.00 to issue and
accept payment for permits. Commissioner Vaad moved to establish said change fund. Commissioner
Baxter seconded the motion, which carried unanimously.
Minutes, September 11, 2000 2000-1882
Page 2 BC0016
CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN -
GREELEY/WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP, INC. (EDAP): Mr. Warden
explained the County entered into a Letter of Understanding dated September 23, 1997,allowing all funds
repaid under the current CDBG Contract to be classified as miscellaneous income to be retained by EDAP.
Mr. Warden stated the purpose of this Memorandum of Understanding is to ensure that the terms of the
previous contracts and future contracts remain consistent. Commissioner Geile moved to approve said
Memorandum of Understanding and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER AUTHORIZING WELD COUNTY CLERK AND RECORDER TO CONDUCT ELECTION:
Bruce Barker, County Attorney, stated this matter is subsequent to approval of Ordinance #218, In the
Matter of Approving and Implementing the Weld County Land Preservation Sales and Use Tax Program.
He explained the Resolution delegates authority for conducting an election to the Clerk and Recorder
rather than entering into an actual agreement as is the standard practice with other agencies throughout
the County. Commissioner Hall moved to authorize the Clerk and Recorder to conduct an election.
Commissioner Geile seconded the motion, which carried unanimously.
SECOND READING OF ORDINANCE #57-B, IN THE MATTER OF REPEALING AND RE-ENACTING
ORDINANCE#57-A,THE SETTING OF FEES FOR SERVICES PERFORMED BY THE WELD COUNTY
SHERIFF: Commissioner Hall moved to read Ordinance#57-B by title only. Seconded by Commissioner
Geile, the motion carried unanimously. Mr. Barker read said title into the record. Mr. Warden stated this
and the following item reflect fee changes in accordance with State statute, as well as fee changes due
to new technology and procedures. No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve Ordinance #57-B on second reading. Commissioner Baxter
seconded the motion, and it carried unanimously.
SECOND READING OF ORDINANCE#165-A, IN THE MATTER OF REPEALING AND RE-ENACTING
ORDINANCE #165, THE SETTING OF FEES FOR SERVICES PROVIDED BY THE WELD COUNTY
CLERK AND RECORDER: Commissioner Baxter moved to read Ordinance #165-A by title only.
Seconded by Commissioner Vaad, the motion carried unanimously. Mr. Barker read said title into the
record. No public testimony was offered concerning this matter. Commissioner Hall moved to approve
Ordinance #165-A on second reading. Commissioner Geile seconded the motion, and it carried
unanimously.
FINAL READING OF ORDINANCE#218, IN THE MATTER OF APPROVING AND IMPLEMENTING THE
WELD COUNTY LAND PRESERVATION SALES AND USE TAX PROGRAM: Commissioner Baxter
moved to read Ordinance #218 by title only. Seconded by Commissioner Geile, the motion carried
unanimously. Mr. Barker read said title into the record.
Chuck Erwin, County resident, stated he is opposed to this tax and referred to comments which he E-
Mailed to the Board. Mr. Erwin stated he feels the poll for this issue was biased and would have been
better if it were conducted by an independent group. He further stated the public has already voted against
a County tax in two previous elections, and indicated this proposal will increase urban sprawl by forcing
developments to locate outside of conservation areas. Mr. Erwin stated he opposes this proposal because
it does not provide for public use. He further stated the State growth initiative may address the issue and
suggested the Board delay this decision.
Don Sandoval encouraged the Board to place this matter on the ballot and allow the voters to decide. He
stated this is a local issue for Weld County, not a constitutional matter. Mr. Sandoval further stated growth
is not considered urban sprawl unless it is located in rural areas between service centers.
Minutes, September 11, 2000 2000-1882
Page 3 BC0016
Mr. Erwin commented Boulder County initiated buffer zones around municipalities; however, it has
contributed to high-priced homes, as well as growth in areas that are not as restrictive. He stated the
growth regulations placed by governmental communities appear to be responsible for sprawl.
Commissioner Geile moved to approve Ordinance #218 on final reading. Commissioner Hall seconded
the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR VISTA COMMERCIAL, FIRST
FILING, S #408 - HORIZON INVESTMENTS, LLC: Don Carroll, Department of Public Works, stated he
conducted a site inspection on August 8, 2000, and he feels the off-site improvements are in adequate
condition and recommends the remaining collateral be released. Commissioner Baxter moved to cancel
and release said collateral for Horizon Investments, LLC, for Vista Commercial, First Filing, S #408.
Commissioner Hall seconded the motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR HUNT-WIEDEMAN FINAL PLANNED UNIT DEVELOPMENT, S #493 - DAVID
HUNT/TERRY WIEDEMAN: Julie Chester, Department of Planning Services, gave a brief description of
the location of the site, and stated all improvement items have been addressed; however, the Department
of Public Works requests 15 percent be retained for the period of one year. Commissioner Hall moved
to cancel and release said collateral for David Hunt and Terry Wiedeman, for Hunt-Wiedeman Final
Planned Unit Development, S #493, and to accept replacement collateral, in the amount of $1,546.65.
Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER AMENDMENT AND MODIFICATION OF LETTER OF CREDIT FOR EDEN'S RESERVE
FINAL PLANNED UNIT DEVELOPMENT, S#500-MARK AND JACQUELYN EBERL: Mr. Carroll stated
the original Letter of Credit was due to expire on September 3, 2000, and staff requested the applicant
modify the existing collateral to ensure $25,888.00 be retained for improvements to the pavement and
street base. In response to Commissioner Vaad, Mr. Carroll stated the Eberls have supplied the amended
and modified Letter of Credit. Commissioner Geile moved to approve said amendment and modification
of the Letter of Credit for Eden's Reserve Final Planned Unit Development, S #500, for Mark and
Jacquelyn Eberl. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
COALBANK CREST PLANNED UNIT DEVELOPMENT FINAL PLAN, S #541 - JAMES AND BONNIE
BATES: Ms. Chester gave a brief description of the location of the site, and stated the Departments of
Planning Services,and Public Works, and the County Attorneys Office have reviewed the agreement and
form of collateral in the amount of $104,000.00, and find that it is sufficient for the necessary
improvements. Commissioner Hall moved to approve said improvements agreement and accept the form
of collateral for Coalbank Crest Planned Unit Development Final Plan, S #541, for James and Bonnie
Bates. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER VACATION OF SPECIAL USE PERMIT, SUP#230- LOT HOLDING INVESTMENTS, LLC:
Anne Best Johnson, Department of Planning Services,stated staff conducted research of existing Special
Use Permits in the Milliken area as a result of the Milliken Intergovernmental Agreement to determine
whether the permits are still necessary. Ms. Johnson stated the property was formerly owned by Bob
Erhlich,Appolo Land and Cattle Company,and she gave a brief description of the location of the site. She
further stated the applicant has submitted a response letter requesting Special Use Permit #230 be
vacated. In response to Commissioner Geile, Ms. Johnson stated the permit was originally approved for
expansion of a cattle confinement operation. Commissioner Vaad moved to approve said vacation.
Commissioner Baxter seconded the motion, which carried unanimously.
Minutes, September 11, 2000 2000-1882
Page 4 BC0016
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT, USR #540 - E-VAP LIMITED: Ms.
Johnson stated Use by Special Review Permit was originally approved for an Oil and Gas Well Production
Water Disposal Site,and she gave a brief description of the location. In response to Commissioner Baxter,
Ms.Johnson stated it appears that this site was never used. Commissioner Baxter moved to approve said
vacation. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT, USR#904 - MARIE GOLLNER: Ms.
Johnson stated Use by Special Review Permit #904 was originally approved for a Commercial Sludge
Operation, and she gave a brief description of the location. She further stated it appears the site was
developed and then never used. Commissioner Geile moved to approve said vacation. Commissioner
Hall seconded the motion, which carried unanimously.
SECOND READING OF ORDINANCE#119-Q, IN THE MATTER OF AN AMENDMENT TO ORDINANCE
NO. 119,WELD COUNTY BUILDING CODE ORDINANCE,AS CURRENTLY AMENDED,REVISING AND
ADDING CERTAIN SECTIONS CONCERNING ENGINEERED BUILDINGS BEING ALLOWED AS
AGRICULTURALLY EXEMPT BUILDINGS AND GRAMMATICAL CHANGES: Commissioner Hall moved
to read Ordinance #119-O by title only. Seconded by Commissioner Geile, the motion carried
unanimously. Mr. Barker read said title into the record. David Sprague, Department of Building
Inspections, was present to answer any questions. No public testimony was offered concerning this
matter. Commissioner Hall moved to approve Ordinance#119-Q on second reading. Commissioner Geile
seconded the motion, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #57-B, #165-A, and #119-Q were approved on second reading and #218 was
approved on final 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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, September 11, 2000 2000-1882
Page 5 BC0016
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