HomeMy WebLinkAbout20143254.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 20, 2014
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, October 20, 2014, at the hour of 9:00 a.m.
ID 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of October 15, 2014, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
Ii CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on October 15, 2014, as follows: 1) USR14-0031 - UET Midstream, LLC.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Garcia seconded the motion, and it carried unanimously.
El PUBLIC INPUT: No public input was given.
NEW BUSINESS:
El 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - OC SPORTS, LLC,
and C/O JEFFREY O'CONNELL: Christopher Woodruff, Weld County Assessor, explained this was for
tax years 2012 and 2013, the data goes back all the way to 2009 sales, and is the Work Out West
Building on West 20th Street in Greeley, Colorado. Mr. Woodruff said an adjacent building sold in 2014
for substantially less value, which was the basis of their petition; however, that is an older property not
as well maintained and, in addition, cannot yet be factored in to the tax data. Therefore, staff is
Minutes, October 20, 2014 2014-3254
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recommending denial. Commissioner Garcia moved to deny said petition for abatement or refund of
taxes as recommended by staff. Seconded by Commissioner Freeman, the motion carried
unanimously.
El 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RPM PROPERTIES,
RLLLP: David Burrup, Property Tax Adjustment Specialist, Inc., attended the meeting via conference
call. Mr. Woodruff explained this request is for 2013, for a property is in Garden City. Brian Keppen,
Assessor's Office, Commercial Appraiser for this area, said this is a Grease Monkey located on 8th
Avenue in Garden City. He reviewed the petitioner's comparables, but said those are in industrial
areas, aren't a national brand, and are smaller facilities. Mr. Keppen reviewed staffs three approaches
to value and recommended denial. Mr. Burrup countered there are sales in Garden City and Greeley
which are similar to the subject property; the Grease Monkey in Windsor was also used. Mr. Burrup
presented his arguments as to the invalidity of the Assessor's findings and said the income approach is
not a valid one. He asserted that the Assessor's comparables are in different counties and
incomparable markets and said $100.00 per square foot is more reasonable. Mr. Keppen countered
that the petitioner's comparables are not national brands and are in industrial areas, versus a highly
visible commercial strip. He confirmed that he carefully reviewed the documentation received from the
petitioner. Chair Rademacher opened the floor to public comment and none was forthcoming. El
Commissioner Garcia deferred to his fellow commissioners, and noted that $245.00 per square foot
seemed high to him for the area where this property is located. ID Commissioner Kirkmeyer cited the
Assessor's comparables, which are "like-type" facilities, some of which are quite a bit higher, and noted
that people do go to the internet and search for national brands. She praised the Assessor's Office for
doing a good job in finding comparables. Chair Rademacher concurred that $245.00 seems very fair.
Commissioner Kirkmeyer moved to deny said petition as recommended by staff. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
ID 3) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CORPORATION OF
THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS: Leon
Sievers, Department of Public Works, said this agreement is associated with the Weld County Parkway
Project. He reviewed the location and the amount, and explained the agreement was completed last
May, but the paperwork is just getting here because the Church committee takes a summer break.
Total compensation is in the amount of $7,136.00. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia,
carried unanimously.
dt 4) CONSIDER TEMPORARY CLOSURE OF CR 43 BETWEEN CRS 94 AND 88, AND CR 90
BETWEEN CRS 41 AND 45: Janet Lundquist, Department of Public Works, reviewed the temporary
road closure for a culvert replacement. Commissioner Kirkmeyer moved to approve said temporary
road closure. The motion was seconded by Commissioner Garcia, and it carried unanimously.
El 5) CONSIDER TEMPORARY CLOSURE OF CR 60 BETWEEN CRS 15 AND 17: Ms. Lundquist
reviewed the temporary road closure for a culvert replacement. Commissioner Kirkmeyer moved to
approve said temporary road closure. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
Minutes, October 20, 2014 2014-3254
Page 2 BC0016
ID 6) CONSIDER TEMPORARY CLOSURE OF CR 15 BETWEEN CR 60 AND U.S. HWY 34:
Ms. Lundquist reviewed the temporary road closure for a culvert replacement. She confirmed the
closures on CR 60 would be at different times. Commissioner Kirkmeyer moved to approve said
temporary road closure. Ms. Lundquist reviewed the detour route for Chair Rademacher. The motion
was seconded by Commissioner Garcia, and it carried unanimously.
Fl 7) CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CRS 47 AND 49: Ms. Lundquist
reviewed the temporary road closure for a culvert replacement. Commissioner Freeman moved to
approve said temporary road closure. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
Fl 8) CONSIDER TEMPORARY CLOSURE OF CR 42 BETWEEN CR 31 AND ST HWY 60, AND
CR 29 BETWEEN CRS 44 AND 40: Ms. Lundquist reviewed the temporary road closure for a culvert
replacement. Commissioner Freeman moved to approve said temporary road closure. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
El 9) CONSIDER TEMPORARY CLOSURE OF CR 42 BETWEEN CRS 49 AND 51: Ms. Lundquist
reviewed the temporary road closure for a culvert replacement, and noted this is a project in
conjunction with the Town of Gilcrest. Commissioner Garcia moved to approve said temporary road
closure. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
El 10) CONSIDER THIRD AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE
NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY AND AUTHORIZE CHAIR TO SIGN:
Bruce Barker, County Attorney, explained this is the third amendment to the agreement; the City and
County of Broomfield has approved and signed; however the City of Lafayette has not yet responded.
He recommended that this be approved and signed by the Chair contingent upon hearing back from the
City of Lafayette. Commissioner Kirkmeyer moved to approve said amendment with the direction made
by the County Attorney. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
PLANNING:
El 1) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1048, MOREA MANOR NORTH - WELD 45
ACRE, LLC: Chris Gathman, Department of Planning Services, reviewed the request, and said the
drainage report is finished and the applicants are in the process of obtaining collateral for the
improvements agreement; these are the last two outstanding issues. Lee Petrides represented the
applicant and explained they need a little more time but have been diligently working to finalize.
Commissioner Kirkmeyer moved to approve said request for a three-month extension. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
Fl 2) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR RECORDING OF THE
PLAT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-1090, EAGLE VIEW FARMS PUD -
EAGLE VIEW FARMS, LLC: Mr. Gathman explained the applicants have purchased property adjacent
to the site and are currently in discussions with the City of Greeley regarding designating some of their
property as open space, which has been included in the 2013 Parks, Trails and Open Space Lands
Plan, and could result in minor modifications to the PUD. He said staff is in support of the one-year
extension. In response to Chair Rademacher, Mr. Gathman confirmed several previous extensions
were granted in 2007, 2008, 2009, and 2011, and he said the last extension in 2013 was for one year.
la In response to Commissioner Kirkmeyer, Mr. Gathman said it was not a Condition of Approval that
Minutes, October 20, 2014 2014-3254
Page 3 BC0016
they be included in Greeley's plan, nor was it part of their original stated intent to purchase property to
provide access to Seeley Lake, but now they may include said property in the PUD. Mr. Gathman
confirmed that it is a requirement that they pay an impact fee to the Eaton School District at the time the
plat is recorded and that requirement was set in 2006. Commissioner Kirkmeyer asked about
extenuating circumstances. Glen Drogemueller represented the applicant and said these are high-end
sites, in 2008 and 2009 the market crashed, and they still don't feel there is sufficient demand at this
time. He said that the inclusion of the property in the 2013 Parks, Trails and Open Space Lands Plan
was not mandated by the City of Greeley, and they were only notified of Greeley's interest in late 2013.
El Commissioner Kirkmeyer moved to approve said request for extension of time for a period of one
year. The motion was seconded by Commissioner Garcia, and it carried unanimously.
El 3) CONSIDER REQUEST TO MODIFY CONDITION OF APPROVAL #1.M.10 OF USE BY
SPECIAL REVIEW PERMIT, USR14-0017 - SWINK FAMILY FARMS, LLLP, C/O ENCANA OIL AND
GAS, (USA) INC.: Kim Ogle, Department of Planning Services, presented this request for an alternate
haul route. He said notifications were sent out to the property owners within 500 feet and those who
attended the County Commissioner's hearing on this USR. Mr. Ogle said the Town of Erie responded to
their referral and objected to the entrance being on CR 6, they preferred it remain on CR 7, and there
were responses from four residents on CR 6, generally in support of the change.
E Miracle Pfister, Regulatory Manager for Encana, gave a presentation and showed slides
explaining why they believe the access would be better off of CR 7, rather than the approved access on
CR 6 (across from the dairy). She cited a safety concern for exiting trucks, as they must turn left/uphill
across oncoming/downhill traffic starting from a full stop. Their traffic study recommends CR 6 access
because it has less traffic, and oncoming traffic on southbound CR 7 will have more sight distance for
trucks turning left toward them from a Stop si•n at the intersection. It was confirmed that both roads
are under the jurisdiction of the Town of Erie. � In response to Chair Rademacher, Ms. Pfister said
they have proposed improvements to their entire haul route and have yet to hear back from the Town of
Erie. In response to Chair Rademacher, Mr. Howard said he doesn't know the turning radius at that
location, but the petitioner's Road Maintenance and Improvements Agreement with the Town of Erie
would address that. Commissioner Kirkmeyer said she has heard from citizens on CR 7, and
expressed her support. Ms. Pfister confirmed most of the hub facility traffic will be coming from 1-25.
Commissioner Freeman concurred and said he agrees with the logic of this change.
El Peggy Kline, surrounding property owner, said she and her husband are here to represent the
concerns of residents along CR 6. She said if the hub entrance off of CR 6 is approved, truckers may
decide to go straight instead of turning north on CR 7. They are, therefore, requesting signage to notify
and remind truckers not to continue along CR 6.
El Ms. Pfister said Encana has already proposed placing signage to warn truckers not to use the
unapproved route, and Mr. Ogle confirmed there is not yet an existing Condition of Approval regarding
this signage. Commissioner Kirkmeyer suggested modifying the resolution to read: "in no event shall
the haul route include CR 6 between CR 7 and the 1-25 Frontage Road. Seconded by Commissioner
Freeman, the motion carried unanimously. The applicant agreed to this change. Commissioner
Kirkmeyer made a motion to add a Condition of Approval requiring additional signage indicating the
haul route and restrictions. The motion was seconded by Commissioner Garcia, and it carried
unanimously. Commissioner Kirkmeyer moved to approve said request to modify condition of approval
regarding the haul route, including the additional language concerning signage. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
Minutes, October 20, 2014 2014-3254
Page 4 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
9 9 p Y
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:08 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COON OLORADO
ATTEST: cam- D yVjG_
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Weld County Clerk to the Board / //
E 1,�� Barbara Kirkme r, Pro-Tem
BY:
Dep t 1 lerk to the = �� �,�, � XCUSED
Sean P. Conway
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( \11 Mike FFr n
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Minutes, October 20, 2014 2014-3254
Page 5 BC0016
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