HomeMy WebLinkAbout20120690.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 12, 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 12, 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-Tern
Commissioner Barbara Kirkmeyer— EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong (Minutes typed by Esther Gesick from audio recording)
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 7, 2012, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on March 7, 2012, as follows: 1) USR12-0001 — Platte Valley Fire Protection
District. Commissioner Garcia seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously. (Clerk's Note: On
March 14, 2012, the Board called up Consent Agenda item #8 for reconsideration and subsequently
denied the License Agreement for GIS Digital Data with Montana Mapping and GPS and nullified the
Chair's signature.)
PROCLAMATIONS:
PROCLAMATIONS OF APPRECIATION - SCOTT CRAWFORD AND KEVIN ROUSE: Chair Conway
read the proclamations of appreciation recognizing Scott Crawford and Kevin Rouse. Jay McDonald,
Department of Public Works, stated the actions of both men described in the Proclamation reflected
well on Weld County Government and he is proud to be their supervisor. Commissioner Long thanked
the men for utilizing their training and not hesitating to get involved. Commissioner Garcia stated he is
proud of their extraordinary actions, and Commissioner Rademacher thanked them for their willingness
Minutes, March 12, 2012 2012-0690
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to serve and also commented that volunteer fire departments are always looking for quality individuals.
Chair Conway agreed with all of the comments and stated their actions probably saved a life,
Mr. Crawford and Mr. Rouse should be considered heroes, and he thanked them for what they do for
the citizens of Weld County
BIDS:
APPROVE BID #B1100107, CR 54/49 INTERSECTION IMPROVEMENTS - DEPARTMENT OF
PUBLIC WORKS: Pat Persichino, Director, Department of Public Works, stated Martin Marietta
Materials, Inc., submitted the low bid, followed closely by Mountain Constructors, Inc. He stated both
are local vendors and are present to address the Board. In response to Commissioner Rademacher,
Mr. Persichino explained the County has done business with Mountain Constructors on various road
projects and a lot of the County's asphalt purchases are made from Martin Marietta. A representative
of Martin Marietta stated the company was formerly Lafarge and Western Mobile, they employ several
hundred people within Weld County, and although they haven't worked for Weld County on road
projects, they do supply a lot of asphalt for County projects and he asked that their offer be considered.
A representative of Mountain Constructors stated they have been in business for 30 years and he
reviewed several projects which were completed for Weld County in the recent past. Mr. Persichino
clarified the difference between the two bids is less than three-quarters of one percent. In response to
Commissioner Rademacher, Mr. Persichino stated he recommends approval of the low bid; however,
he noted the quality and pricing between the two bids is extremely close and $350,000 of the Mountain
Constructors bid would provide for asphalt supplies from Martin Marietta. Commissioner Garcia
thanked the vendors for being present and he stated he is comfortable with invoking the discretion of
the Board and awarding the bid to Mountain Constructors. Commissioner Rademacher stated he was
in support of the low bid until he heard that $350,000 of the second low bid will go to the benefit of
Martin Marietta, which is a win-win situation. Commissioner Long and Chair Conway agreed.
Commissioner Garcia moved to approve the second lowest bid from Mountain Constructors. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
APPROVE BID #81200031, HOT WARM MIX ASPHALT - DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino recommended approval the low bid from Martin Marietta Materials, Inc., in the amount of
$3,441,300, for 87,000 tons of materials for the north supply. Additionally, he recommended approval
of the low bid from Asphalt Specialties, Inc., for 27,225 tons of materials for the southern supply, in the
amount of $1,092,175, for a total cost of $4,533,475. In response to Commissioner Garcia,
Mr. Persichino stated the Public Works estimate is low because it was calculated prior to the increase
in oil prices. He further explained the cost different between the two Asphalt Specialties sites reflects
the difference in quantities, as well as increased transportation costs due to location. Commissioner
Rademacher moved to approve the low bids, as recommended by staff. Commissioner Garcia
seconded the motion, which carried unanimously.
APPROVE BID #B1200051, SUV-4X4 - SHERIFF'S OFFICE: Monica Mika, Director of Finance and
Administration, stated the Sheriff's Office recommends approval of the low bid from Spradley Barr Ford,
in the amount of $62,242.00, for two 2012 Ford Expeditions E.L. (KIG) with the third seat.
Commissioner Rademacher moved to approve said bid, as recommended by staff. The motion, which
was seconded by Commissioner Long, carried unanimously.
PRESENT AND APPROVE BID #B1200065, 2012 CHEMICAL HERBICIDES - DEPARTMENT OF
PUBLIC WORKS, WEED AND PEST DIVISION: Tina Booton, Department of Public Works/Weed and
Pest Division, stated staff desires to purchase the annual herbicides through the MAPO (Municipal
Assembly Procurement Officials) bid, which is consistent with previous years. Ms. Mika clarified this
items is being presented as an emergency bid, as explained in the waiver Resolution. In response to
Commissioner Rademacher, Ms. Booton stated she selected local vendors as much as possible.
Minutes, March 12, 2012 2012-0690
Page 2 BC0016
Commissioner Rademacher moved to approve said bid on an emergency basis, as recommended by
staff. The motion was seconded by Commissioner Garcia, and it carried unanimously.
APPROVE BID #61200048, GAS CHROMATOGRAPH/MASS SPECTROMETER INSTRUMENT (MID
GRADE) - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CON'T FROM 3/7/12): Trevor
Jiricek, Director, Environmental Health, stated this was reviewed by the Board in two separate work
sessions and he recommended approval of the second lowest bid from Perkin Elmer for reasons
detailed in the memorandum dated March 8, 2012. He explained, at the direction of this Board and the
Federal Mineral Lease Act Board, the instrument will be used to provide free water sample analysis for
residents who think their well water has been affected by oil and gas industry activities. He further
stated the maintenance costs are one to two percent higher than the low bid. Commissioner Long
moved to approve said bid, as recommended by staff. The motion was seconded by Commissioner
Garcia, who thanked Mr. Jiricek for his review, as well as Commissioner Long, who currently serves as
the Chair of the Federal Mineral Lease Act Board. Chair Conway also thanked Commissioner Long for
his leadership and stated this is further evidence that the Board is trying to do what it can to provide
security to the public and answer questions as the oil and gas industry moves forward in Weld County.
There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
MARCH 25, MAY 13, JULY 18, AUGUST 19, AND TBD (RMEC), 2012 — LEAHY FAMILY FARM, LLC:
Brad Yatabe, Assistant County Attorney, stated the application is in order, with the exception that the
maximum number of people is not specified, which affects the number of toilets, parking, etcetera.
Deputy Jeremy Frey, Sheriff's Office, stated he had the same issue with the total occupancy not being
specified; however, he indicated there have been no issues with these events in the past. David Leahy,
co-applicant and part owner of the property, stated the events utilize 20 acres of gravel parking, which
was approved through the Use by Special Review (USR) process; they average 300 to 400 racers, with
a total of 700 to 900 people in attendance, and he has no concern with capping the event at 1,000
people. In response to Commissioner Rademacher, Mr. Barker explained the USR was issued with
specific language requiring one Temporary Assembly Permit for multiple race events, and a maximum
attendance number was not specified in the USR. He further stated at the time the adjacent
municipality did express concern with noise; however, that has not been a problem in the past.
Commissioner Rademacher commented he has not heard any complaints regarding the events and he
moved to approve the Temporary Assembly Permit application. Commissioner Garcia seconded the
motion. Following discussion, regarding whether there should be a cap, the Board concurred that the
applicant has proven his ability to host the events with the proper planning in place and the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 4 BETWEEN CRS 49 AND 53: Janet Carter,
Department of Public Works, requested approval of an emergency closure on March 5, 2012, due to a
collapsed culvert, which should be repaired this week. She stated water is being used for dust control
on the detour route, the average daily traffic count, taken in 2008, was approximately 104 vehicles, and
standard road signs and barricades are being used for traffic control throughout the closure.
Commissioner Rademacher moved to approve said temporary closure. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
CONSIDER TWO (2) NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF CRS 63 AND 66.5 AND AUTHORIZE CHAIR TO SIGN - WELLS RANCH, C/O
JOSH WELLS: Ms. Carter explained if permanent pipelines or private facilities are placed within the
County right-of-way, the applicant must go through this process, and Wells Ranch is requesting to
place two 15-inch irrigation pipes under two different segments of County Roads 63 and 66.5.
Minutes, March 12, 2012 2012-0690
Page 3 BC0016
Commissioner Long moved to approve said agreements and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY
WELD COUNTY, COLORADO (N1/2, S24, T5N, R61W) - CARRIZO OIL AND GAS, INC.: Mr. Barker
stated paragraph 24 of the original lease allows for one six-month extension, with the payment of
one-third the original bonus, or no less than $10.00 per mineral acre, plus the rental of $1.00 per
mineral acre. He explained, in this case, they paid 69.00 per mineral acre in March, 2009; they are now
paying $7,360.00 for the extension; and if they do not commence drilling and production within that
time, then the mineral interest may be put out for bid again. In response to Chair Conway, Mr. Barker
reiterated the extension option was part of the original lease; however, it is at the discretion of the
Board, and the goal is to get the lease held by production so that the County begins to earn royalties
and severance pay. Commissioner Garcia moved to approve said extension. The motion was
seconded by Commissioner Rademacher. Chair Conway stated some of the older leases were
acquired at very reasonable rates prior to the current oil and gas boom; however, he will vote in support
of this extension in hopes that production will commence. There being no further discussion, the
motion carried unanimously.
CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY
WELD COUNTY, COLORADO (S1/2NW1/4, NE1/4SW1/4, SW1/4NE1/4, S13, T4N, R61W) -
ESENJAY OIL AND GAS, LTD., ON BEHALF OF BASELINE MINERALS, INC.: Mr. Barker explained
in this instance the lessor is offering the $10.00 minimum, plus the $1.00 per net mineral acre, for a
total of $1,760.00. Chair Conway stated this amount is too low. Mr. Barker confirmed the lease was
entered into on March 11, 2009, for the bid amount of $12.00 per acre. Commissioner Rademacher
moved to deny said extension. The motion was seconded by Commissioner Long. Chair Conway
stated the lessor had the past three years to hold the parcel by production and he supports the motion
knowing it will need to be put out for bid in an effort to acquire a better return for the taxpayers reflecting
current market conditions. There being no further discussion, the motion carried unanimously.
CONSIDER APPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Commissioner Long moved to
appoint Stuart Gebauer and reappoint Robert Grand to the Extension Advisory Council; both with terms
to expire February 1, 2015. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATION OF PAY
AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated the February report indicates a lot of outreach to
veterans. Commissioner Long moved to approve said certification and authorize the Chair to sign. The
motion was seconded by Commissioner Rademacher. Chair Conway commended David Fry for the
great job he is doing for the veterans community. There being no further discussion, the motion carried
unanimously.
OLD HEALTH BUSINESS:
CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT
LICENSE — LA MARAVILLA (CON'T FROM 12/19/11): Dan Joseph, Department of Public Health and
Environment, requested the Board continue the matter for one week to coincide with consideration of
the liquor license scheduled for next week. Commissioner Garcia moved to continue the matter to
March 19, 2012. Commissioner Rademacher seconded the motion. In response to Chair Conway,
Ruben Rodriguez, applicant, indicated he is in agreement with the continuance. The motion carried
unanimously.
CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT
LICENSE - CULVER'S RESTAURANT (PREVIOUSLY CONSIDERED 1/16/12): Deb Adamson,
Department of Public Health and Environment, stated on January 16, 2012, the Board accepted the
Minutes, March 12, 2012 2012-0690
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plan of correction submitted by Culver's Restaurant, with the condition that the matter could be brought
back if the plan was not followed or staff found repeat violations. Ms. Adamson stated staff is
requesting suspension or revocation of the Retail Food Establishment Permit, and they have assessed
a fourth civil penalty, in the amount of $1,000.00. Dan Joseph, Department of Public Health and
Environment, reviewed the previous violations, civil penalties assessed, actions taken by the facility to
meet the requirements of the Plan of Correction, and findings made by staff during inspections. He
stated staff feels the management staff does not have control over the food borne illness risk factors,
and as a result, they are requesting that a fourth civil penalty be assessed and that the Board suspend
or revoke the license. In response to questions, Mr. Joseph stated the equipment is operating
correctly, there have been no reported illnesses, and the inspections were not conducted during peak
hours. Ms. Adamson also clarified Culver's has paid the $1,000 penalty; however, she is holding the
check pending direction from the Board.
Joe Gibbons, facility owner, apologized for the recent situation; however, he asserted the business goal
is to be family oriented, serve good food, and support the local community. He stated they take
compliance very seriously and intend to work closely with staff to take corrective actions, implement
proper cold holding management, and communicate the proper operations to all staff. He reviewed the
Plan of Correction for the record and stated the managers have already completed the Weld Star
training, they intend to send an additional six assistant managers to the training, and Ashley Clark, who
recently completed Culver's franchise training, will be moving from out-of-state to oversee the entire
management team. Mr. Gibbons stated there are 450 Culver's Restaurants around the Midwest, the
franchise also conducts unannounced visits throughout the year, and although this facility always
scores very highly, he acknowledged they need to improve cold-holding.
Eric Powers, General Manager, reviewed the cooling methods for the record. In response to
Commissioner Garcia, Ms. Adamson stated the list of corrective actions is good; however, in the past
they have not carried out the plan and she is in support of additional Culver's consultant help to remedy
the situation. Mr. Joseph agreed they previously submitted a plan and went through the training;
however, he expressed concern that the cold-holding violations continued. Ms. Adamson reiterated a
short suspension may be helpful to ensure all of the staff completes the training without the press of
business and customers. Mr. Gibbons stated they have already implemented everything in the
submitted plan, staff can complete the training before business hours, and he guaranteed they will not
be back before the Board with any further violations. He also invited the Health staff to observe the
on-site training to satisfy their concerns without closing the restaurant. Commissioner Rademacher
expressed concern with management not implementing their training. (Clerk's Note: The minutes for
the remainder of this item have been typed by Ms. Strong.) In response to Commissioner
Rademacher, Mr. Gibbons confirmed that within two (2) weeks a manager who has completed the
corporate training will be arriving at the facility, and she is relocating to this area. He also confirmed the
equipment works effectively; however, there was an error concerning how it was being used when it
was overstocked above the reservoir line. He stated there is no excuse for the misuse of the
equipment and the employees need to be aware of how to correctly use the equipment. Commissioner
Rademacher indicated he is not comfortable waiting for two (2) weeks for the manager with corporate
training to arrive. In response to Chair Conway, Mr. Joseph confirmed the cold-holding issue is the only
recurring critical violation; all of the others have been corrected. Further responding to Chair Conway,
Mr. Joseph confirmed the facility submitted its temperature logs for the four (4) required weeks;
however, the Department has not received the most recent logs. He stated there were 14 instances
where the temperature was not correct in the logs before ice packs were being utilized and when
temperature testing was still being completed just twice a day, as opposed to four (4) times per day. In
response to Chair Conway, Mr. Powers stated those changes were implemented approximately two (2)
weeks ago, immediately after the inspection occurred, and the additional measures have corrected the
cold-holding problem. Responding to Chair Conway, Mr. Joseph stated there were two (2) other critical
violations cited at the last inspection and both were corrected at the time of the inspection.
Minutes, March 12, 2012 2012-0690
Page 5 BC0016
Ms. Adamson stated neither of the two (2) critical violations which were corrected at the most recent
inspection were cited at previous inspections. In response to Chair Conway, Mr. Joseph stated those
violations were not covered in the training since the facility had not previously had those issues.
Mr. Gibbons stated he feels confident the matter has been resolved. In response to Chair Conway,
Mr. Gibbons confirmed he would prefer to have his employees attend a County training session during
store hours, as opposed to experience a one-day suspension. Commissioner Long suggested
continuing the matter for two (2) days, to allow staff to complete an inspection to verify the changes
have corrected the cold-holding problem and there is no imminent danger to the public. Commissioner
Garcia stated if the Board selects that route, he also wants the recent temperature logs reviewed to
ensure a benefit is being observed. Commissioner Rademacher indicated he will support the
recommendations of the other Commissioners; however, he is worried about the facility maintaining
compliance in the future, and he wants stipulations for the facility well beyond this week. Mr. Barker
stated one option the Board has selected in the past is suspending the facility for a day or two (2), and
holding the suspension in abeyance, pending a period of time for staff to work with the restaurant and
for training to occur. He stated the Board could then issue an order for suspension or remove the
penalty at that point in time. He suggested the Board may want to continue the matter for longer than
two (2) days, since staff will need time to review the temperature logs, and he recommended the Board
accept the payment of the $1,000.00 civil penalty. In response to Chair Conway, Mr. Barker
recommended continuing the mailer approximately two (2) weeks. Mr. Barker stated in the past the
Board has required that training occur as a condition of moving forward and a certification with the
names of employees who have been provided training has been required, and he suggested the Board
should require a similar affidavit from Culver's. In response to Commissioner Rademacher, Mr. Joseph
clarified the Weld Star training is provided by the County Department of Public Health and Environment;
however, the State has a website which offers classes and provides certificates of completion. Further
responding to Commissioner Rademacher, Mr. Joseph stated the Weld Star training can be failed, and
the amount of time needed to complete the training depends on whether the facility is requiring
managers or its entire staff to attend the training. In response to Commissioner Rademacher,
Mr. Joseph stated the Weld Star training could be completed within two (2) weeks; however, since
Culver's is open seven (7) days a week, a portion of its staff will have to remain working if the
establishment is to remain open, or training could be completed before the business opens, in order to
avoid a closure. In response to Chair Conway, Mr. Gibbons stated he pays a fee each month to have
access to a series of online classes provided by Culver's corporate offices. Responding to Chair
Conway, Mr. Joseph stated the training will not occur at the facility, due to the limited amount of space
there. Chair Conway indicated he does not feel a suspension held in abeyance is necessary at this
time, since the owner and manager seem to sincerely want to correct the issue and they understand if
the matter comes back before the Board unresolved there will be consequences. Commissioner Garcia
moved to continue the matter to March 26, 2012, at 9:00 a.m., accept the civil penalty in the amount of
$1,000.00, and to require a certification of the Weld Star training and the daily submittal of temperature
logs to staff from this date forward. Commissioner Rademacher seconded the motion, which carried
unanimously.
OLD PLANNING BUSINESS:
CONSIDER FOUR LOT RECORDED EXEMPTION #4972 — BRAD AND ROBIN GUTKNECHT (CON'T
FROM 2/6/12): Kim Ogle, Department of Planning Services, stated the applicant submitted the mylar
plat on February 12, 2012; however, one of the Conditions of Approval requires the setbacks be
identified for the septic systems, which was only done on two of the three lots. He stated the applicant
is working with the surveyor and staff recommends a 30-day continuance. Commissioner Rademacher
moved to continue the matter to April 11, 2012, at 9:00 a.m. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
Minutes, March 12, 2012 2012-0690
Page 6 BC0016
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1709 - SUNCOR ENERGY
(USA) PIPELINE COMPANY (CON'T FROM 1/11/12): Chris Gathman, Department of Planning
Services, stated the applicant is coordinating review of the updated Improvements Agreement;
however, they have concern with some of the road maintenance requirements. Mr. Gathman clarified
they have not started operating, so the site is not in violation; therefore, he recommended continuing
the matter for 60 days. Mr. Barker confirmed the applicant is making a good faith effort to complete the
project; however, they have some fundamental concerns with the Improvements Agreement and
whether the payment of taxes should credit toward the road maintenance costs. In response to
Commissioner Garcia, Mr. Barker stated the operator has been very clear that if this matter is not
resolved, they may relocate the entire operation to Wyoming where they do not have to go through this
process. Following discussion, Mr. Barker added the applicant applied for the USR on a property prior
to knowing where the pipeline would go, which has also contributed to the delay. Commissioner Garcia
moved to continue the matter to May 14, 2012, at 9:00 a.m. Commissioner Rademacher seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT
PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ#1082 - KITELEY FARMS, LLLP, C/O
LONGS PEAK INVESTORS, LLC: Mr. Ogle stated this development was approved in 2006; however,
due to economic conditions, the applicant is requesting a two-year extension to complete the plat by
July 26, 2014. Jerry Eckelberger represented the applicant and stated the developers are starting to
see some activity; however, an additional two years will allow a proper assessment of the market to
help establish the type of lots and homes to be developed through the final plat. Mr. Ogle stated he is
in agreement with the request. Commissioner Garcia move to approve the request to extend the
submittal deadline to July 26, 2014. Commissioner Rademacher seconded the motion, which carried
unanimously.
CONSIDER FINAL HEARING CONCERNING RESCINDING USR PERMIT#1612 — BRENT HAUGEN:
Michelle Martin, Department of Planning Services, stated USR #1612 was originally approved on
August 8, 2007, and on December 14, 2011, the initial hearing occurred, at which time the Board set a
Final hearing for March 12, 2012. She stated staff met with Mr. Haugen on January 4, 2012, to review
each of the Conditions of Approval, and on February 14, 2012, she contacted the applicant and he
declined any further meetings and no conditions have been addressed at this time. Brent Haugen,
applicant, stated in 2003 he spoke with a representative from the Department of Building Inspection
and was rudely informed of the requirements to construct a shop on his property. Mr. Haugen indicated
he believes he is being held to higher standards than his neighbors, the uses of their properties are
creating negative impacts on the neighborhood, and he has been operating for eight years without a
problem, and the requirements are too costly and he cannot comply. In response to Chair Conway and
Commissioner Rademacher, Ms. Martin stated representatives from the Departments of Planning
Services, Building Inspection, Public Works, and Health were all present on January 4, 2012, to review
and explain all of the Conditions of Approval and Development Standards to Mr. Haugen. She also
called and spoke with him on February 14, 2012; however, he declined any further meetings; therefore,
at this time staffs recommendation is to revoke the permit. Responding to Commissioner Garcia,
Ms. Martin indicated she believes Condition of Approval #1.K is no longer applicable because the
County does not have an Intergovernmental Agreement with the Town of Firestone requiring
annexation; however, the remaining conditions are standard requirements for this type of use.
Mr. Haugen stated at the time of approval, he did not realize the full scope of cost, complexity and
burden which he was agreeing to. He further stated many of the requirements are to costly and some
of them he is not willing to comply with. Responding to Commissioner Rademacher, Mr. Haugen stated
the violation was initiated by staff who observed his company truck while in the area investigating a
complaint on a different property. Commissioner Rademacher commented if the neighbors are creating
nuisance conditions, Mr. Haugen may submit a complaint to be inspected by staff; however, he
Minutes, March 12, 2012 2012-0690
Page 7 BC0016
expressed concern with the applicant not completing even one condition. Mr. Haugen clarified he has
met the requirements of the Fire Marshall and they do conduct annual inspections. Ms. Martin read the
referral letter from the Frederick-Firestone Fire Protection District, dated May 2, 2007, recommending
against approval of the USR until the property is brought up to Code and she has no evidence of a
subsequent letter indicating compliance. Mr. Haugen stated he will submit copies of his inspection
reports. Commissioner Garcia stated the applicant has indicated he believes there is a fundamental
unfairness with the USR process and an unwillingness to proceed with the Conditions of Approval;
therefore, it appears the only remaining option is to rescind. Chair Conway stated he is willing to afford
the applicant additional time to meet with staff to work through the Conditions. Mr. Barker stated staff
can make a determination of compliance; however, they do not have the authority to negotiate
conditions. He stated the applicant may submit a written request to the Board for reconsideration of
certain conditions, based on specific reasons, the surrounding property owners would need to be
notified of the potential changes, and it may also need to be heard by the Planning Commission.
Commissioner Long clarified that option may involve costs and it appears the first step is to ensure the
applicant has a clear understanding of why the regulations are in place, whether he chooses to agree
or not. Mr. Barker expressed concern with a Commissioner meeting with the applicant to provide
explanation without discussing options. Commissioner Garcia recommended Planning Services
Director, Trevor Jiricek, and a member of the County Attorney's Office meet with the applicant to
provide a clear explanation of why the regulations and requirements are in place. Commissioner Long
maintained it would be beneficial for the Planning Services Coordinator to provide the explanation from
the legislative standpoint and then leave the room and allow staff to determine what is being proposed
for modification by Mr. Haugen for future consideration. Mr. Barker agreed that will be acceptable if the
Commissioner Garcia provides a disclosure of what was discussed for the remainder of the Board at
the next meeting. Commissioner Rademacher moved to continue the matter to April 9, 2012,
at 9:00 a.m., to allow adequate time for a meeting among the applicant, Planning Services
Commissioner Coordinator and Director, and County Attorney to provide explanation of the regulations
and for Mr. Haugen to indicate his intensions for proposed modifications. Commissioner Garcia
seconded the motion, which 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 12, 2012 2012-0690
Page 8 BC0016
There being no further business, this meeting was adjourned at 11:47 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: . C
Sean P. way, Chair
Weld County Clerk to the Board J/ r
William F. Garda, Pro-Tem
Deputy Clark to the B - XCUSED
ara Kirkmeyer
tsar tiViterat
R ,;1.,-1 David E. Long
0
ougl Rademac er
Minutes, March 12, 2012 2012-0690
Page 9 BC0016
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