HomeMy WebLinkAbout20194198.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, SEPTEMBER 23, 2019
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 Administration
Building, Greeley, Colorado, September 23, 2019, at the hour of 9:00 a.m.
El 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 Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
• MINUTES: Commissioner James moved to approve the minutes of the Board of County
Commissioners meeting of September 18, 2019, as printed. Commissioner Conway seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on September 18, 2019, as follows: 1) MET19-0001 — Proposed Real Weld
Metropolitan District, 2) MET19-0002 — Proposed Platte River Metropolitan District, 3) USR19-0036 —
Richard and Kathi Crooks, 4) USR18-0065 — Waste Management Disposal Services of Colorado, Inc.,
and 5) USR19-0040 — WW, LLC. Commissioner Moreno seconded the motion, which carried
unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
IE CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
PRESENTATIONS:
1) CITIZEN CERTIFICATE OF MERIT, SHERIFF'S OFFICE — NICK MAKI: Donnie Patch,
Undersheriff, presented Nick Maki with the Certificate of Merit and gave a brief summary of Mr. Maki's
Minutes, Monday, September 23, 2019 2019-4198
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emergency efforts in response to an accidental shooting incident at his workplace. (Clerk's Note: The
meeting was paused for a photo opportunity.)
e 2) LIFE SAVING AWARDS, SHERIFF'S OFFICE - BRANDON STUPKA, AARON WALKER,
EVERARDO BRETADO-PENA, BRUCE SUNADA, CHRISTIAN NIX, NICOLAS THOMPSON, LESLIE
KINNER, ALLAN COLTRAIN, ARLYN LIFTIN, DAVID BADLEY, AND TYLER HISHINUMA: Undersheriff
Patch recognized each of the recipients and gave a brief summary of the various circumstances that
distinguished them for the Life Saving Award. Ian Wittington, Colorado State Patrol Commander of
Troop 3A, and Trooper Michael Eldridge were present to extend their gratitude for the efforts of Deputies
Stupka and Walker providing exemplary service to the State of Colorado while assisting a citizen in a car
fire. Each of the Commissioners, in turn, expressed their appreciation to the recipients for their heroic
deeds and extraordinary service while working in the line of duty, thanked the families for their sacrifice,
and offered support of their efforts during a difficult time for law enforcement. (Clerk's Note: The meeting
was paused for a photo opportunity.) The Board also thanked the Sheriff's Office for allowing the Board
to participate in honoring the men and women who serve in the Weld County Sheriff's Office.
WARRANTS:
1) GENERAL WARRANTS -SEPTEMBER 20, 2019: Commissioner Freeman moved to approve
the General Warrants, as printed. Commissioner James seconded the motion, and it carried
unanimously.
NEW BUSINESS:
1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER
P9103454-PREMIER EQUIPMENT RENTAL, INC.: Brenda Dones, Assessor, explained the equipment
was mistakenly reported by the petitioner as located in Weld County; however, it is actually located in
Mesa County. Based on this error the Assessor's Office recommends removal of the account, setting
the value at $0.00, and approval of the abatement of taxes in the amount of$21,856.20. The taxpayer
was not present. Commissioner Conway moved to approve said abatement. Seconded by Commissioner
Moreno, the motion carried unanimously.
2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER
R4238506 -AK CONSOLIDATED 17, LLC: Ms. Dones described the property as a 2,000-square-foot
warehouse. She explained this is a 2018 request and the value must be the same for 2017; however,
the Commissioners previously approved a tax abatement for 2017 and set the value for $15,023,700.00
which happened late in the year and she is now recommending the same value be applied to 2018,
resulting in a tax abatement of$28,851.10. The taxpayer was not present. Commissioner Moreno moved
to approve said abatement. Seconded by Commissioner Conway, the motion carried unanimously.
3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER
P0008514 - KODAK ALARIS, INC.: Ms. Dones described the property as business/personal equipment
located in Windsor. She explained business/personal property is assessed utilizing three approaches,
and the Cost approach was used by the Assessor's Office in 2018 to determine depreciation and
valuation. She stated this abatement request is for the application of economic obsolescence, and the
Assessor's Office has been applying an adjustment, since 2013, based on a five-year rolling average.
For this business, staff determined the company has adapted to a new economic environment, no
response for additional information has been received, and the recommendation is for denial. In
response to Commissioner Conway, Ms. Dones reiterated multiple attempts were made to gain further
information, with no response, and she confirmed the petitioner is not present. Commissioner James
moved to deny said abatement, based on the years of ownership and lack of documentation, as well as
Minutes, Monday, September 23, 2019 2019-4198
Page 2 BC0016
the explanation and recommendation of the Assessor's Office. Seconded by Commissioner Conway,
the motion carried unanimously.
IR 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER
R8948161 - JESUS AND TERESITA RIVAS: Jason Marini, Deputy Assessor, stated the 2.44-acre
property is classified as vacant land and located near the Town of Firestone. He stated the 2018 value
was set at $151,812.00, and the issue is not the valuation, rather, it is the classification of vacant land
(29% assessment) versus a residential property (7.2% assessment). In order to explain the issues,
Mr. Marini reviewed the history of the site and referred to pages 26 and 27 of the packet (property status
red/black square document) to explain the transition of the site. He stated staff recommends retaining
the 2018 classification as vacant land and to hold the value at $151,812.00. Teresita and Jesus
Rivas, property owners and petitioners, were present and stated their concern with the inconsistent
classification compared with neighboring properties which resulted in a 400% tax increase. In response
to Chair Kirkmeyer, Mr. Marini confirmed the lots were divided through the Recorded Exemption process,
and Mr. Rivas stated they broke ground in 2018 and the house is now constructed. Mr. Marini stated
case law requires the foundation must be constructed by January 1st; however, on January 26, 2018,
the inspection determined there was no foundation present. Ms. Rivas stated the home was completed
and issued a Certificate of Occupancy on August 31, 2018. Responding to Chair Kirkmeyer, Mr. Marini
determined if the property were classified as Residential on January 1st the valuation would remain
$151,812.00; however, the assessed value would have been $10,930.46 with a tax of $1,055.24.
Commissioner Conway stated the Assessor's Office must apply the statutory requirements; however, the
Abatement process allows the Commissioners to review the circumstances and perhaps apply some
common sense to the situation. He moved to approve the Tax Abatement Petition, in part, to reclassify
the property to Residential, retain the valuation of$151,812.00, adjust the assessed value to $10,930.46,
and set the tax at $1,055.24. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
5) CONSIDER RIGHT OF ENTRY AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN
OF JOHNSTOWN: Jay McDonald, Director of the Department of Public Works, stated due to current
and anticipated growth, the Town of Johnstown is considering the possible expansion and upgrade of its
sanitary sewer system and needs to survey the area, including the right-of-way at the intersection of
County Roads (CR) 17 and 50. Commissioner Freeman moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously.
6) CONSIDER TEMPORARY CLOSURE OF CR 18 BETWEEN CRS 59 AND 63: Amy Mutchie,
Department of Public Works, stated CR 18 will be closed September 24, 2019, through September 27,
2019, to replace an irrigation culvert, and water will be used for dust control on the detour route.
Commissioner James moved to approve said temporary closure. Commissioner Conway seconded the
motion, and it carried unanimously.
El 7) CONSIDER TEMPORARY CLOSURE OF CR 71 BETWEEN CRS 14 AND 16: Ms. Mutchie
stated CR 71 will be closed from October 7, 2019, through October 11, 2019, to replace an irrigation
culvert, and water will be used for dust control on the detour route. Commissioner Moreno moved to
approve�q said temporary closure. Commissioner James seconded the motion, and it carried unanimously.
El 8) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — KYLIE FRANTZ: Commissioner Conway moved to approve said appointment and authorize
the Chair to sign, which was seconded by Commissioner Freeman, and it carried unanimously.
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Page 3 BC0016
PLANNING:
ID 1) CONSIDER REQUEST TO MODIFY DEVELOPMENT STANDARD #44 OF SECOND
AMENDED USE BY SPECIAL REVIEW PERMIT, 2MUSR19-95-1075 - R.M. HINER CONSTRUCTION
COMPANY, INC., C/O MICHAEL BARE: Kim Ogle, Department of Planning Services, stated the subject
property is located south of the Planning Services office, and the applicant's request is to modify
Development Standard #44 to extend the hours of operation for water skiers. Michael Bare represented
the applicant and stated the request to shift the season by 14 days to start on April 15th and end October
14th. No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, Mr. Bare
explained they chose to end prior to the start of hunting season on October 15th. Commissioner Freeman
moved to approve the modification to Development Standard#44 to shift the hours of operations for water
skiers. Commissioner Conway seconded the motion, and it carried unanimously.
2) FINAL READING OF CODE ORDINANCE #2019-14, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF
THE WELD COUNTY CODE (BERTHOUD): Commissioner Freeman moved to read Code Ordinance
#2019-14 by title only. Commissioner Conway seconded the motion, and it carried unanimously. Bruce
Barker, County Attorney, read the title for the record. Tom Parko, Director of the Department of Planning
Services, stated there have been no changes since Second Reading. No public testimony was offered
concerning this matter. Commissioner Moreno moved to approve Code Ordinance #2019-14 on Final
Reading. Seconded by Commissioner Conway, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance 2019-14 was approved on Final Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 10:03 a.m.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLO ADO
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‘rbara Kirkmeyer, C it
Weld County Clerk to the Board
_ Mi e Freeman, Pro-Tem
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. a,a‘ Sean . Conway
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Minutes, Monday, September 23, 2019 2019-4198
Page 4 BC0016
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