HomeMy WebLinkAbout20111552.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 22, 2011
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, June 22, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem — EXCUSED
Commissioner William F. Garcia — EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Assistant County Attorney, Brad Yatabe
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of June 20, 2011, 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 Long moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE
CHAIR TO SIGN - RLF, INC., DBA CJ'S LIQUORS: Deputy Lisa Carpenter, Sheriff's Office, stated she
and Deputy Jeremy Frey conducted an inspection, there were no reported calls for service, and they
found no grounds for denial. Commissioner Rademacher moved to approve said renewal application
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
JULY 10, 2011 - ASOCIACION DE CHARROS DEL NORTE: Roy De Robles, Vice President of
Asociacion de Charros Del Norte, stated they are requesting a Temporary Assembly Permit and a
corresponding Special Events License for the sale of alcohol for a rodeo competition, and they agree to
abide by the requirements/recommendations of the various referrals. In response to Chair Kirkmeyer,
Minutes, June 22, 2011 2011-1552
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Page 1 BC0016
Mr. De Robles explained they will be hosting team competitions for nine different rodeo events, they are
anticipating a maximum of 500 people, and they are amending the permit to only host the event on
July 10, 2011. In response to Commissioner Rademacher, Brad Yatabe, Assistant County Attorney,
stated the application packet does contain evidence of intent to provide insurance. Responding to
Commissioner Long, Mr. De Robles indicated they will be providing three portable toilets for both men
and women, for a total of six. In response to Chair Kirkmeyer, Mr. De Robles confirmed they will obtain
insurance coverage, in the amount of $500,000.00; they have hosted similar events in Jefferson
County, Denver, and Aurora, although they have not previously hosted in Weld County; and they have
been leasing the subject site for the past eight years for training purposes. In response to
Commissioner Rademacher, Mr. De Robles stated they intend to contract with the Weld County
Paramedic Service for emergency response.
Roy Rudisill, Office of Emergency Management, stated he met with the applicant and various staff
representatives from the Department of Planning Services, Sheriff's Office, and Animal Control to
review the application. He stated he also received input from the local fire chief, Tom Beach,
requesting the applicant utilize a local ambulance service. Mr. Rudisill stated some of staffs' initial
concerns included the need for a traffic plan and identified parking, which have been provided, and the
use of a beer garden to help eliminate concerns with underage drinking. He stated they are also
requesting the applicant submit documentation of an on-call veterinarian in the event of an animal
injury, and provide evidence of a licensed security company, a list of the competition events that will be
taking place, documentation of licensing for all food vendors, and indicate where the animals will be
kept with adequate provisions for food and water.
In response to Commissioner Rademacher, Mr. De Robles confirmed the site does have adequate
parking space and they will be using a certified company providing traffic control. He stated this is a
sporting event and the Clerk to the Board staff contacted the State Liquor Enforcement to verify that
liquor sales are allowed to leave a beer garden if the property is secured. He stated they will be
contracting with Colorado Consulting Specialists, which is licensed in the State of Colorado, which will
check ID's of those who are served alcohol and ensure anyone consuming alcohol has the appropriate
wrist band, and the servers received liquor training yesterday. Responding further to Commissioner
Rademacher, Mr. De Robles stated he agrees with the requirement for an on-call veterinarian;
however, his preference would be to have a vet on site during the event, and he has submitted a list of
the events.
Christie Peters, Deputy Clerk to the Board, stated the applicant did provide several of the requested
items earlier this morning, including the list of events which she reviewed for the record, and indicated
the applicant has been very diligent in meeting the conditions. She stated the applicant also provided a
letter stating where and how the animals will be kept; she verified a certified mailing of notice was
provided to surrounding property owners within 500 feet; and the file contains one letter of concern.
In response to Chair Kirkmeyer, Mr. De Robles explained "reining" involves demonstrating the skilled
discipline of a domesticated horse, and "death pass or bronc vault" involves a competitor riding a
domesticated horse and jumping over to a wild horse. In response to Chair Kirkmeyer, Mr. De Robles
clarified "bull wrestling" is the same as "steer tailing". Mr. Yatabe explained the Weld County Code
states the insurance amount may be set at the discretion of the Board, and he suggested setting a
higher amount due to the nature of the proposed events. Commissioner Rademacher expressed
concern with "bull wrestling", citing that Jefferson County was taken to court on a charge of cruelty to
animals. Mr. De Robles stated he was present for the introduction of the Bill which would have made
"bull wrestling" illegal in the State of Colorado; however, the Bill did not pass. He stated there are a lot
of misconceptions on what "steer tailing" or "bull wrestling" involves, and explained they conduct the
event in an organized manner, with each animal only competing three times, maximum. Responding to
Commissioner Rademacher, Mr. De Robles explained "foreleg horse catching on foot/horseback"
Minutes, June 22, 2011 2011-1552
Page 2 BC0016
involves a competitor using a lasso to catch the four legs of a running horse without causing the animal
to drop. In response to Commissioner Rademacher, Mr. Yatabe stated the intent of the requirement for
insurance is for the benefit of the attending public.
Mr. Rudisill confirmed the recent Bill did stall; however, there is still concern for the safety of the
animals. He stated the current animal cruelty laws are adequate for prosecution of criminal charges,
thus the request for an on-call or on-site veterinarian. In response to Commissioner Rademacher,
Mr. De Robles stated, if approved, he will enter into a contract for service with the Weld County
Paramedic Service to provide an on-site ambulance. In response to Chair Kirkmeyer, Ms. Salzman
confirmed she did prepare a referral which indicated the property is 396.36 acres, the animal units shall
not exceed 1,585 animals, and the dates and times need to be consistent between the Temporary and
Special Event application materials. Her comments also requested contract quotes and vendor
licensing information for review, and referenced the fact that the Department of Building Inspection
requires an electrical permit for the proposed generator. Ms. Salzman stated there were complaints in
2005 regarding rodeo events occurring on the property; however, they did cease events at that time
and she has received no further complaints. She also noted that if the applicant desires to host
continued events, they need to seek approval of a Use by Special Review (USR) Permit application.
(Clerk's Note: Zoning Compliance referral was added to the file following the meeting.)
Monica Mika, Director of Finance and Administration, referred to paragraph #23 of the application which
references a total number of events, not to exceed ten (10) events per year, and she explained
historically these types of permitted events have taken place on an owned parcel, versus a
rented/leased parcel. She stated at some point the temporary or long term nature of the request needs
to be considered. Commissioner Rademacher commented the Resolution makes it very clear that this
is for an identified date, not ten events. Ms. Mika stated the presence of a lease agreement for an
activity which becomes a commercial use raises the question of when a USR should be required.
Commissioner Rademacher agreed that would appropriate discussion in the event this same applicant
returned with another Temporary Assembly application. In response to Commissioner Long, Mr. De
Robles stated he does have another event scheduled in Aurora for August 13 and 14, 2011, and this
site it a little bit less expensive since he has an existing lease.
Chair Kirkmeyer opened the hearing for public testimony. George Herrera, owner of Colorado
Consultants Specialists, stated he has been working with the applicant to provide liquor training for
responsible service and he has also coordinated with Mr. Rudisill as the licensed security company for
the proposed event. There being no further comments, Chair Kirkmeyer closed public testimony.
Chair Kirkmeyer stated she is opposed to the application. She acknowledged the recent approval of
several horse racing events; however, it appears this type of application is being used to evade the
Weld County zoning regulations. She stated although this is for a one-time event, it is a commercial
activity, they have leased the property for the past eight years, there are not adequate provisions in the
application to protect the public safety of those in attendance, and she does not support "steer tailing".
In response to Commissioner Long, Mr. De Robles indicated he is willing to increase the insurance
policy to $1 million. Commissioner Long stated this is the first application for a rodeo event, and it will
serve as a test to see whether the application materials are a true reflection of what will actually take
place. He stated he is willing to give the applicant the benefit of the doubt and determine whether they
earn a positive report or a negative report for future consideration.
Commissioner Rademacher agreed with Commissioner Long's statements because they are not doing
anything illegal, this is a first time event, and they have agreed to increase the insurance policy.
Minutes, June 22, 2011 2011-1552
Page 3 BC0016
Commissioner Kirkmeyer stated it appears this request may pass with a two to one vote; however, she
requested that the following be incorporated into the Conditions of the Resolution: 1) the eight
provisions from Mr. Rudisill's referral, 2) the requirement for a $1 million insurance policy, 3)
compliance with the requirements of the Department of Building Inspections, 4) and adequate drinking
water and sanitary provisions for the participants and public attending the event, 5) and that if the
permitted amount of 500 people is exceeded, the Sheriff's Office is authorized to enforce against the
applicant and shut down the event. Commissioner Rademacher agreed. Mr. Rudisill suggested the
option of requiring the presence of an animal control officer or a contract Sheriff's Office Deputy to
monitor for any animal cruelty issues. Commissioner Rademacher stated he is comfortable with an on-
site veterinarian being available to respond to any animal cruelty issues. Gary Schwartz, Animal
Control Officer, agreed that the presence of a veterinarian would be sufficient as long as it is a local
individual who is contracted. Mr. De Robles agreed to use a local veterinarian and requested preferred
references for south county veterinary services. In response to Commissioner Rademacher,
Mr. De Robles stated he is confident he will be able to comply with all of the listed requirements prior to
the event on July 10, 2011. Mr. Rudisill stated he will remain in contact with the applicant to ensure
compliance, or advise the Board if there are concerns.
Commissioner Rademacher moved to approve said application, with the existing and proposed
conditions as discussed. Commissioner Long seconded the motion, with an additional provision of a
local vet, and the items previously listed by Chair Kirkmeyer. Commissioner Long stated this is a first
time event and the Board and staff will be watching to see how well it is conducted and how the public
responds. Mr. De Robles invited the members of the Board to feel welcome to attend. In response to
Mr. Yatabe, Commissioner Kirkmeyer clarified the intent for adequate drinking water does include water
for sale, and the specifics may be handled in the incident plan, as well as ensuring adequate and safe
drinking water, hand washing water and sanitary provisions. Upon a call for the vote, Chair Kirkmeyer
voted in opposition to the motion resulting in a two to one vote. In response to a point of order from
Attending Clerk, Esther Gesick, the Board agreed that it requires a majority of the Board, not a majority
of a quorum to pass a resolution, therefore the matter is deemed denied. (Clerk's Note: See
reconsideration of this matter in the following item of business.)
CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
ASOCIACION DE CHARROS DEL NORTE: Commissioner Rademacher commented that if the
Temporary Assembly Permit is denied, there is no need for a Special Events Permit and he made a
motion to deny. Ms. Peters asked whether there was the option for one of the excused Commissioners
to review the record and make a determining vote. Chair Kirkmeyer clarified this process is a legislative
item, a majority of the Board needs to be present to conduct a Board meeting, and it also requires a
majority of the Board, not a majority of a quorum, to pass a resolution. In response to Commissioner
Rademacher, Ms. Gesick stated typically there would be the option of continuing the matter to a date
when a full Board is present; however, in this instance there are timing constraints due to the required
review of the liquor application at the State level.
At the request of Chair Kirkmeyer, Commissioner Rademacher moved to reconsider the motion
concerning the Temporary Assembly Permit. Seconded by Commissioner Long, the motion carried
unanimously. Chair Kirkmeyer commented if there had been a full Board present, it is very possible the
motion to approve would have received at least three votes of support, and she appreciates the
comments which were made by Commissioners Rademacher and Long. She further stated it is
becoming apparent that individuals have figured out a way to use the Temporary Assembly process as
a way of evading the County's zoning regulations, because typically a Mexican Rodeo or horse racing
event of a commercial nature would require a USR permit. She reiterated her opposition to the practice
of "steer tailing" or "bull wrestling"; however, because this is a one-time event, she is willing to change
her vote. Chair Kirkmeyer stated, for the record, that she will not vote in favor of any future applications
of this nature. Commissioner Long moved to approve the application for a Temporary Assembly
Minutes, June 22, 2011 2011-1552
Page 4 BC0016
Permit, with the Conditions of Approval as previously discussed. Commissioner Rademacher
seconded the motion. Commissioner Long thanked Chair Kirkmeyer for her reconsideration of the
matter with the understanding that it is a one-time event. There being no further discussion, the motion
carried unanimously.
Commissioner Rademacher moved to approve the Special Events Permit application, with the
understanding that there will be a Beer Garden which is monitored by the security firm to ensure no
underage drinking. Commissioner Long seconded the motion. Chair Kirkmeyer clarified approval is
conditional upon compliance with all of the conditions listed in the Temporary Assembly permit, and
Commissioners Rademacher and Long agreed. There being no further discussion, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 49 BETWEEN CR 47.95 AND CHEM-TECH AVENUE:
Janet Carter, Department of Public Works, on behalf of the contractor for the Town of Hudson,
requested approval for the temporary closure of County Road 49, starting June 23, 2011, through
July 11, 2011, in order to continue the installation of a water and sewer line for the Town. She clarified
the road will be open to traffic during the July 4th holiday weekend. She further stated an
anticipated 50 vehicle trips will be detoured each day, and dust abatement will be applied on the
unpaved portions of the detour route. Commissioner Rademacher moved to approve said temporary
closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO NORTHEAST COLORADO REGIONAL
EMERGENCY AND TRAUMA SERVICES ADVISORY COUNCIL (RETAC): Dave Bressler, Director of
Weld County Paramedic Service and Chair of the Northeast Colorado RETAC, stated Mitch Wagy will
replace Rod DeRoo as his alternate representative, and due to the recent changes at the NCMC
Trauma program, Travis Polk will continue as a regular member; however, the new trauma coordinator,
Toni Moses, will replace Eulala Chapman Echols. Commissioner Rademacher moved to appoint Mitch
Wagy and Toni Moses to the Northeast Colorado Regional Emergency and Trauma Services Advisory
Council, and to reappoint Travis Polk. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER APPOINTMENTS TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner Long
moved to appoint Craig Conrad, Ronald Welch, Laura Klock, and Rosann Holman to the Weld Faith
Partnership Council. Commissioner Rademacher 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, June 22, 2011 2011-1552
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
1 ` WELD COUNTY, COLORADO
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Deputy Clerk to the Boar. ��.► EXCUSED
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Dougla Rademacher
Minutes, June 22, 2011 2011-1552
Page 6 BC0016
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