HomeMy WebLinkAbout992013.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 9, 1999
TAPE #99-27
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 9, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern - EXCUSED
Commissioner George E. Baxter
Commissioner M. J. Geile
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 Vaad moved to approve the minutes of the Board of County
Commissioners meeting of August 4, 1999, 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 August 4, 1999, as follows: 1)A Site Specific Development Plan and Special
Review Permit #1233, Dennis and Wendy Timmreck, Jason and Tiffani
Andryshak; and 2) Change of Zone#524,Western Dairymen Cooperative, Inc.,
5b Clay Carlson. Commissioner Vaad 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 Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
• 992013
CC: J - nad /}ma-4--(L BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $1,589,205.59
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Vaad seconded the motion,which carried unanimously.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - REDSTONE HILLS, LLC: Michael Sampson,
Assessor's Office, stated staff has researched the petitioner's statement that the
property was still agricultural in 1998 and recommends approval. Commissioner
Vaad moved to approve said petition and authorize the Chair to sign. Seconded
by Commissioner Baxter, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN -WALSH PRODUCTION, INC.: Mr. Sampson
stated due to a computer error, staff recommends approval. Commissioner
Geile 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 - RICHARD MOORE: Mr. Sampson explained
as stated above, this property was incorrectly valued due to a computer error
and staff recommends approval. Commissioner Baxter 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 - LK, LLC: Mr. Sampson stated in 1997 and
1998 the property was used as a residential rental, not a commercial business,
and staff recommends approval. Commissioner Geile 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 - KEY CORPORATE CAPITAL, INC.: Mr.
Sampson stated the equipment was given an incorrect year of life, so the
petitioner did not receive the correct depreciation and staff recommends
approval. Commissioner Baxter moved to approve said petition and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
C:ONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - MOTHER EARTH, INC.: Mr. Sampson stated
staff is recommending denial of this petition. He explained there have been no
changes since this property and issue were addressed last year and denied by
the Colorado Department of Local Affairs, Division of Property Taxation. Mr.
Sampson referred to a letter from the State, dated November 10, 1998, which
Minutes, August 9, 1999 992013
Page 2 BC0016
recommends denial. In response to Chair Hall, Mr. Sampson stated the
property was sold after Jan. 1, 1997, which is why the State denied the initial
appeal. In response to Mr. Sampson, Mr. Barker stated the petitioner cannot
submit a second petition regarding the same property and issues. Keith
Crouch, attorney, represented the petitioner and stated last year the Weld
County Treasurer's Office suggested Mother Earth, Inc., resubmit its petition
due to recent approval of a similar situation on another property. Mr. Crouch
reiterated that in January 1997, Mother Earth was out of business and all that
remained were the assets to be liquidated. Mr. Crouch referred to his letter
dated July 30, 1999, to further explain the basis for resubmitting this petition.
Mr. Sampson clarified the Treasurer's Office suggested the petitioner resubmit
its request in spite of the fact that the Assessor's Office was opposed to the
idea. Raelene Anderson,Assessor's Office, stated the business was closed as
of December 31, 1996; however, the property was not auctioned until after the
first of the year which is the basis of the Division of Property Taxation's ruling
on. Mr. Barker stated the proper process would be for the petitioner to appeal
to Colorado Board of Assessment Appears, and recommended the Board deny
the petition. In response to Commissioner Baxter, Mr. Barker stated the
petitioner still has the option and time to appeal to the Board of Assessment
Appeals. In response to Chair Hall, Mr. Sampson clarified the property was
assessed for 1996 and 1997, payable in 1998 and 1999, because it still owned
the equipment at the time of assessment. Chair Hall commented that the
equipment was sold and did have a value to the taxpayer. In response to
Commissioner Baxter, Mr. Crouch stated sales tax was paid on the property
sold at the auction. Commissioner Geile moved to deny said petition and
authorize the Chair to sign based on the recommendations of the County
Attorney and Assessor's Office staff. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL
LICENSE AND AUTHORIZE CHAIR TO SIGN - HIGHLANDLAKE, INC.:
Commissioner Vaad moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - J. MONTES, INC., DBA EL RODEO
NIGHTCLUB: Mr. Barker read Deputy Mark Profitt's comments for the record
indicating Deputy Profitt recommends approval and noted there has been a
conviction on the pending vehicular homicide in connection with the
establishment. Mr. Barker stated the Board has the capability of suspending
this license at any time during the year if necessary. Commissioner Vaad
moved to approve said application and authorize the Chair to sign based on the
reported improvement. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN - ELDERGARDEN ADULT DAY PROGRAM:
In response to Chair Hall, Esther Gesick, Deputy Clerk to the Board, stated the
Department of Human Services is requesting this matter be continued to
Wednesday, August 11, 1999, at 9:00 a.m. Commissioner Baxter moved to
Minutes, August 9, 1999 992013
Page 3 BC0016
continue said matter to Wednesday, August 11, 1999, at 9:00 a.m. Seconded
by Commissioner Geile, the motion carried unanimously.
CONSIDER CHANGE ORDER #1 TO AGREEMENT FOR CONSTRUCTION
OF WELD COUNTY BRIDGE #5/42A AND AUTHORIZE CHAIR TO SIGN:
Frank Hempen, Jr., Director of Public Works, stated this change order reflects
a $2,960 increase over the original contract amount to cover the expense of
altering the original design to prevent potential flooding of nearby properties.
Commissioner Geile moved to approve said change order and authorize the
Chair to sign. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE
CHAIR TO SIGN - HOYT: Mr. Hempen stated this is a standard agreement for
use of a portion of Weld County Road 98 for the distance of one mile west of
Weld County Road 19. Commissioner Geile moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE
CHAIR TO SIGN -COLEMAN: Mr. Hempen stated this agreement provides for
the use of Weld County Road 33 for a distance of three-quarters of a mile south
of Weld County Road 114. Commissioner Baxter moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Vaad,
the motion carried unanimously.
CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO
ENTER UPON CERTAIN LANDS: Commissioner Glenn Vaad moved to
approve said request. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER REAPPOINTMENT TO WELD COUNTY RETIREMENT BOARD:
Chair Hall stated Claud Hanes was re-elected to the Weld County Retirement
Board with a four-year term to expire July 31,2003. Commissioner Geile moved
to approve said reappointment. Seconded by Commissioner Baxter, the motion
carried unanimously.
PLANNING: CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ANDESITE ROCK
COMPANY (USR #1206): Mr. Hempen stated the Conditions of Approval for
Use by Special Review Permit #1206 require the applicant to submit a Road
Maintenance and Improvements Agreement. He further stated this agreement
designates a specific haul route and a procedure for determining necessary
improvements. Mr. Hempen recommended approval and stated this agreement
has been reviewed by the County Attorney's Office. Commissioner Baxter
moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Geile, the motion carried unanimously.
Minutes, August 9, 1999 992013
Page 4 BC0016
CONSIDER SUPPLEMENTAL ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CAMAS COLORADO,
INC.(USR#877 AND USR#1046): Mr. Hempen stated this agreement replaces
previous agreements established under Use by Special Review Permits #877
and #1046, which have been taken over by Camas Colorado, Inc. Under this
agreement, Camas Colorado, Inc., is responsible for the maintenance and
improvement of a portion of Weld County Road 20.5. Mr. Hempen
recommended approval and stated the County Attorney has reviewed this
agreement. Commissioner Vaad moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Geile the motion
carried unanimously.
CONSIDER RECORDED EXEMPTION #2494-WINDER: Chair Hall called up
Recorded Exemption #2494 and #2503 for consideration. Sheri Lockman,
Department of Planning Services, stated both Recorded Exemption#2494 and
#2503 are owned by Ed Orr, and are designated prime agricultural land. She
gave a brief description of the location of the site and stated ten of the eleven
referrals agencies responded favorably with concerns addressed in the
proposed Conditions of Approval. Ms. Lockman explained the Town of
Severance indicated the proposed use is not consistent with the surrounding
agricultural uses and will adversely affect the growth of the town. Ms. Lockman
displayed a map illustrating the total continuous land ownership as of May 4,
1999, which has since been divided into four separate, legal parcels. She
explained the applicant has purchased the narrow st•ip of land located on the
east side of the property, which created two non-buildable lots. She stated
Condron of Approval #2.H requires the applicant to submit proof that the two
lots to the east are at least 80 acres in size or a Subdivision Exemption will be
required for a lot line adjustment. Ms. Lockman stated there is a mobile home
residence on Lot A of#2503, which the applicant has indicated will be removed.
She indicated the location of the access to the lots and stated there is no
evidence of right-of-way on the section line or parallel to the ditch easement.
Mr. Barker explained to the applicant that in the event there is a tie vote,
Commissioner Kirkmeyer will review the record and make the determining vote.
In response to Chair Hall, Mr. Orr stated he would like to proceed with this
matter today and added that he is the current owner of both parcels. He
explained that at the time of application, Donald and Marie Winder were the
owners of the parcel being called Recorded Exemption #2494. Ms. Lockman
showed a video of property, and stated the ditch is located within Lot A, parallel
to the road, and irrigates corn on Lot B of Recorded Exemption #2494. She
further stated there is only one suitable building area on Lot A of Recorded
Exemption #2503 due to the location of the silage pit. Ms. Lockman displayed
sl:aff's proposed configuration of the lots, which would address staffs concerns
regarding access, irrigation, non-buildable lots, and keeping agricultural
sl:ructures within an agriculturally zoned lot. She stated the applicant's proposal
will have a greater impact on the surrounding properties, and explained that by
using the Recorded Exemption process, the applicant avoided the requirement
of upgrading roads, etc. In response to Chair Hall, Ms. Lockman stated existing
parcels are legal; however, the purchase of the narrow strip on the east results
in the adjacent lots being non-buildable. Mr. Barker stated fees can be waived
Minutes, August 9, 1999 992013
Page 5 BC0016
if the applicant agrees to reconfigure the lot boundaries; however, the Board
cannot approve the new proposal today. In response to Chair Hall and
Commissioner Baxter, Ms. Lockman stated she has been in contact with Tom
Owens, representing the applicant, regarding staff's proposal, as well as the
possibility of applying for a Planned Unit Development; however, the applicant
was not interested. Mr. Orr addressed staff's concerns expressed in a letter to
the Board, dated July 23, 1999, by stating staff proposes the lots be located
adjacent to Weld County Road 66; however, for selling purposes he would
prefer the lots be located further from the road. He further stated island lots are
not a concern and there are no utility problems on Lot A, which is connected to
North Weld County water. Mr. Orr stated the irrigation system will not be
adversely affected because the ditch can be relocated or rerouted within
Recorded Exemption #2494, and Recorded Exemption #2503 will not be
affected. Mr. Orr read Section 11.8.7 of the Weld County Zoning Ordinance in
relation to the various splits of the land during the last year. He stated his
proposal is in compliance with this section and explained the neighbors to the
east deeded the narrow parcel of land to him to clean up a boundary issue.
Since that time, the eastern lots have been surveyed and he is willing to do what
is necessary to ensure the lots are buildable. Mr. Orr asked whether the mobile
home needs to be removed as stated in the Conditions of Approval for#2503
if this proposal is not approved. He stated the silage area is no longer used and
with some landscaping it could be used as a building site. In response to
Commissioner Baxter, Mr. Orr stated there is a deeded and recorded access to
the ditch located in Recorded Exemption#2503. In response to Chair Hall, Mr.
Orr stated he has reviewed and agrees with the Conditions of Approval, several
of which have already been completed. There was no public testimony
concerning these matters. In response to Mr. Barker, Mr. Orr stated the
adjacent property owners are aware that the proposed access from the north
will service both lots and all utilities, and clarified that Lot A of Recorded
Exemption #2494 is the only lot which needs utilities. Commissioner Baxter
slated staff's concerns have been adequately addressed and moved to approve
Recorded Exemption #2494 with the Conditions of Approval. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #2503 - ORR: Commissioner Baxter
moved to approve Recorded Exemption #2503 based on the information
discussed in the previous matter. Seconded by Commissioner Geile,the motion
carried unanimously.
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.
Minutes, August 9, 1999 992013
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORAD
ATTEST: d` E� /�°limeAlide,
`�/ Dale K. Hall, Chair
Weld County Clerk to the Boar, ��";;° „/
i Int `4O�%QS�� _* EXCUSED
( Q `�> '�.iii�`� Barba J. Kirkmeyer, Pro-Tern
BY: ��x.� Cc Xva. 1
Deputy Clerk to the Board Ou
--,/__, Geor E. er
J.I, eile 0
Glenn V ad --
Minutes, August 9, 1999 992013
Page 7 BC0016
Hello