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Home My WebLink About20120756.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 19, 2012 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, March 19, 2012, 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 Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick Controller, Barbara Connolly MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners meeting of March 14, 2012, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES - 2011 UNITED WAY VOLUNTEER OF THE YEAR - MARGIE MARTINEZ PERUSEK: Commissioner Rademacher moved to continue the matter to April 2, 2012, to allow Ms. Martinez to be in attendance. Commissioner Garcia seconded the motion, which carried unanimously. RECOGNITION OF SERVICES - 2011 UNITED WAY OUTSTANDING NON-PROFIT PROFESSIONAL - JOHN KRUSE: Chair Conway postponed the presentation until the end of the meeting. At the conclusion of the meeting, Commissioner Rademacher moved to continue the matter to April 2, 2012, to allow Mr. Kruse to be in attendance. Commissioner Kirkmeyer seconded the motion, which carried unanimously. 1 11)-- Minutes, March 19, 2012 2012-0756 +� Page 1 BC0016 BIDS: PRESENT BID #61200043, COPIERS FOR EXTENSION, JAIL, AND ASSESSOR'S OFFICES - DEPARTMENT OF FINANCE: Barb Connolly, Controller, presented the nine vendors and stated a recommendation for approval will be made on April 2, 2012. PRESENT BID #B1200045, CR 49 EXTENSION PROJECT FROM STATE HIGHWAY 34 TO CR 60.5 - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly presented the seven vendors and stated a recommendation for approval will be made following Quality Based Services (QBS) review by the Department of Public Works. PRESENT AND APPROVE BID #B1200054, WATER IRRIGATION RIGHTS FOR LEASE — DEPARTMENT OF FINANCE: Ms. Connolly stated the Fulton Ditch and Lupton Bottom Ditch bids each received one offer, and there were no bids for the Lake Loveland water rights. In response to Commissioner Rademacher, Ms. Connolly stated the County has 2.5 shares of Lake Loveland. Commissioner Kirkmeyer moved to approve said bids from Petrocco Farms and Miller-Taylor Farms, as recommended by staff, on an emergency basis due to the need to begin running water. Commissioner Garcia seconded the motion, which carried unanimously. APPROVE BID #B1200047, AIR HANDLER UNITS #10 AND #11/COURTS WEST BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Connolly reviewed staff's recommendation. Commissioner Kirkmeyer moved to approve the low bid from Frontier Mechanical, in the amount of $48,800.00, as recommended by staff. The motion was seconded by Commissioner Rademacher, and it carried unanimously. NEW BUSINESS: CONSIDER TEMPORARY CLOSURE OF CR 5.5 BETWEEN PEARL HOWLETT AND CR 26: Janet Carter, Department of Public Works, requested approval of a temporary closure on County Road (CR) 5.5, from March 28, through April 4, 2012, for a road construction project. She stated message boards will be placed in advance of the closure, the surrounding property owners have been notified, and the average daily traffic count for CR 5.5, taken in 2009, was 2,461 vehicles. She further stated the detour route through the Elms at Meadowvale subdivision is paved and there will only be a short time period when all of the lanes will be closed. Commissioner Rademacher moved to approve said temporary closure, as recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN U.S. HIGHWAY 34 AND CR 65: Ms. Carter requested approval of a temporary closure of CR 50, from March 26, through March 30, 2012, for a culvert replacement. She stated the average daily traffic count, taken in 2008, was 20 vehicles, and standard signs and barricades will be used for traffic control. Commissioner Rademacher moved to approve said temporary closure, as recommended by staff. The motion was seconded by Commissioner Kirkmeyer. In response to Commissioner Garcia, Ms. Carter agreed the submitted map reflected an error and it should be U.S. Highway 34, not Highway 85. There being no further discussion, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 52 BETWEEN CRS 13 AND 15: Ms. Carter requested approval of a temporary closure of CR 52, from March 20, through May 4, 2012, for replacement of Bridge 52/13A. She stated water will be applied for dust abatement, and standard road signs and barricades will be utilized for traffic control. Commissioner Garcia moved to approve said temporary closure, as recommended by staff. The motion, which was seconded by Commissioner Long, carried unanimously. Minutes, March 19, 2012 2012-0756 Page 2 BC0016 CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF IRRIGATION LINE BENEATH CR 47.5 AND AUTHORIZE CHAIR TO SIGN - DESPERADO DAIRY: Ms. Carter stated Desperado Dairy will be installing an eight-inch irrigation line. In response to Commissioner Rademacher, Ms. Carter stated the line will be crossing the road; not running parallel within the road. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN - CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846: Brad Yatabe, Assistant County Attorney, stated he reviewed the file and found no issues with the application. Lisa Carpenter, Sheriff's Office Deputy, stated the property was inspected by Deputy Jeremy Frey and he found no grounds for disapproval. Commissioner Long moved to approve said renewal application and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried unanimously. CONSIDER RENEWAL APPLICATION FOR A TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - DEWEY'S BAR AND GRILL, LLC, DBA DEWEY'S BAR AND GRILL: Mr. Yatabe stated the application materials are in order. Deputy Carpenter stated she inspected the facility and has no concerns with the request. Commissioner Long moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN — RJML, LLC, DBA LA MARAVILLA: Commissioner Rademacher made a motion to move this item under Old Health Business to be considered concurrently with the Health Violation regarding the same facility. Commissioner Garcia seconded the motion, which carried unanimously. OLD PLANNING BUSINESS: CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1719 - MARY ANN PLONKA: Chris Gathman, Department of Planning Services, stated he spoke with the applicant's daughter who indicated she will be submitting documentation that authorizes her to move forward with the project. He stated the property is not within the Fort Lupton Intergovernmental Agreement (IGA) area; however, it is within the Town's planned area and the applicant will need to attempt to meet the local fencing standards. He stated the main item is the applicant needs to complete an Improvements Agreement and he recommended the matter be continued for 60 days or referred back to staff. Commissioner Rademacher moved to refer the matter back to Planning Services for processing. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER FINAL HEARING CONCERNING RESCINDING USR PERMIT #1524 — CARMEN AND BART BECK: Kim Ogle, Department of Planning Services, stated the applicant has completed the three remaining conditions and submitted the plat today for recording. He explained they agreed to restrict the number of dogs to 30 until the septic system may be upgraded, therefore, staff requests the hearing be dismissed. Commissioner Kirkmeyer moved to dismiss the hearing. Commissioner Garcia seconded the motion, which carried unanimously. OLD HEALTH BUSINESS: CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE — LA MARAVILLA: Dan Joseph, Department of Public Health and Environment, stated the applicant has been making the necessary submissions to the State for approval and he is also applying to the City of Fort Lupton for annexation and water service. He stated, at this time, the Department of Public Health and Environment recommends approval of the liquor license if the applicant remains in compliance with the conditions as listed in his Memorandum, dated March 19, 2012. He explained the Minutes, March 19, 2012 2012-0756 Page 3 BC0016 State is fine with the plan, provided the applicant does not host any events where children would be present, such as a Quinceanera. Mr. Joseph stated, over the last three months, the designed system has been approved; however, it is not yet installed. Eric Field, Attorney, stated his client is, or will be, complying with the health and water requirements of the County and the State. In response to Commissioner Garcia, Ruben Rodriquez, applicant, stated Quinceaneras are part of his business plan and he is looking into an alternate site where they may be hosted for the rest of the year, with the exception of one event which is scheduled for this coming weekend. He confirmed the facility purchases ice and bottled water for consumption. Mr. Joseph stated the water treatment system needs to be installed for continued operation. Mr. Rodriquez stated he anticipates the annexation will be completed in June, 2012, public water and sewer will be connected by December, 2012, and he has been working with the City Clerk to complete a liquor license application under their jurisdiction. In response to Chair Conway, Mr. Joseph stated if the applicant follows the plan, the upcoming event should not be a concern, and Mr. Rodriquez reiterated all of the other scheduled Quinceanera events will be held elsewhere. Following discussion, Commissioner Kirkmeyer moved to dismiss the hearing, conditional upon the applicant's compliance with the items listed in staff's Memorandum dated March 19, 2012. Commissioner Garcia seconded the motion, which carried unanimously. CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN — RJML, LLC, DBA LA MARAVILLA: Mr. Yatabe stated the application materials are in order, and he noted various Conditions of Approval have been carried forward and included in the Resolution. Mr. Barker stated the Conditions added to the Health Violation Resolution are covered by Condition D of the Liquor License Resolution. Deputy Carpenter stated there was some confusion regarding the issue of a lease arrangement; however, it was clarified that the other party only deals with setting up bands and entertainment; they are not a party to the liquor license. In response to Commissioner Kirkmeyer, Mr. Rodriguez stated he understands, and agrees to abide by, the Conditions of Approval. Commissioner Kirkmeyer moved to approve the renewal application and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher. Commissioner Kirkmeyer thanked the applicant for working with the County and State to address the issues and she urged him to continue moving forward to get everything resolved and finalized. There being no further discussion, 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, March 19, 2012 2012-0756 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r- pcm Sean P. Conway, Chair Weld County Clerk to the Board EXCUSED DATE OF APPROVAL / William F. Garcia, Pro-Tem BY: Deputy rk to the Boar,1.9 . / N-9-et 2 Lit c_ i- 1 �'} -�! `a�a Kirkmeyer) 1 ZL '%�`' n 'avid E. Long , W ou / Douglas -ademache Minutes, March 19, 2012 2012-0756 Page 5 BC0016 Hello