HomeMy WebLinkAbout20102504.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 18, 2010
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, October 18, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 13, 2010, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on October 12, 2010: 1) Violation Hearings; and Hearings conducted on October 13, 2010:
1) USR #1746 — White Bear Management, LLC, do Polar Gas Front Range, LLC. 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 Long moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER THREE YEAR PLAN FOR CORE SERVICES PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Judy Griego, Director, Department of Human Services, stated this plan was presented at the
Board's work session on September 27, 2010, and this is the first year of a three-year plan cycle. She
indicated $1,393,580.00 has been allocated to the Core Services Plan for this Program Year, which
commenced June 1, 2010, and ends May 31, 2011. She indicated the Core Services include
' laMinutes, October 18, 2010 2010-2504
1k Page 1 BC0016
home-based intervention, intensive family therapy, sex abuse treatment services, day treatment, life
skills, special economic assistance, mental health services, substance abuse treatment services, and
County-designed services, including the Foster Parent Consultation Program, functional family therapy,
multi-systemic therapy, and the Teamwork, Innovation, Growth, Hope, and Training (TIGHT) Program.
Commissioner Conway moved to approve said plan and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR RESTAURANT AND HOTEL LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - LA FIESTA MEXICAN GRILL, INC., DBA LA FIESTA MEXICAN
GRILL: Bruce Barker, County Attorney, indicated the Town of Mead is planning to annex this
establishment within the next month. Chair Rademacher inquired as to whether the Board should
approve this application, since Mead will be annexing the establishment. Mr. Barker indicated the
Board needs to determine whether to approve the application; however, the renewal application was
submitted to Weld County and the establishment has paid the associated fees; therefore, he
recommends proceeding with consideration of the matter. He stated the establishment did not apply for
a building permit before constructing its patio area; therefore, he recommends the Board make
approval conditional on the establishment obtaining the requisite building permit, if the Board chooses
to approve the renewal application. There were no representatives of La Fiesta Mexican Grill, Inc.,
present. Commissioner Long inquired as to whether the County needs to inspect the facility, since
there has been a change to the establishment's design. Mr. Barker confirmed an inspection is
necessary, and he indicated the establishment needs to complete the paperwork for a modification of
premises. He stated he believes the process was discussed with the applicant; however, he does not
believe a modification of premises process was completed; therefore, the applicant needs to complete
the process. Commissioner Conway inquired as to what incentive the establishment will have to rectify
the issues, if the Board approves the application. Chair Rademacher stated the Board can approve the
renewal application, contingent on the issues being rectified, as Mr. Barker recommended. Mr. Barker
indicated when the establishment is annexed, the Town of Mead may recognize the Weld County liquor
license as a valid liquor license for the remaining portion of the one (1) year period, which is the
incentive for the establishment to resolve the matter and obtain a County Liquor License. In response
to Commissioner Conway, Mr. Barker stated Commissioner Long brought up a good point, and the
modification of premises should be completed by the applicant, which will include submitting a diagram
of the establishment's patio area. Commissioner Long stated one (1) of the Commissioners needs to
inspect the establishment, to determine whether the patio area is safe and whether underage patrons
can be adequately separated from patrons of drinking age. Mr. Barker concurred with Commissioner
Long, and he indicated the building permit will address some of the concerns; therefore, the
establishment should complete the building permit process. Commissioner Garcia inquired as to
whether there are any differences between Weld County and the Town of Mead's Building Codes.
Mr. Barker indicated he is unsure about whether there are differences between the Building Codes;
however, the applicant would probably prefer to complete the process with Weld County, since the
establishment has already begun the process with Weld County. He stated the Board can approve the
renewal application, with the two (2) requirements discussed; to obtain a building permit and to
complete the modification of premises process, which includes completing the paperwork and having
an inspection conducted, or the Board can continue the matter. He indicated the license is about to
expire; however, since the renewal application was submitted, the Board can provide a letter allowing
the establishment to continue to operate while the matter is still being considered, which is allowed
according to State statute, and the Board has chosen to provide this type of letter before.
Commissioner Garcia moved to approve the renewal application, with the requirements that a building
permit must be obtained, as well as the modification of premises process being completed, as
previously discussed. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, October 18, 2010 2010-2504
Page 2 BC0016
CONSIDER TEMPORARY CLOSURE OF CR 67 BETWEEN CR 68 AND SH 392: Heidi Hansen,
Department of Public Works, indicated said closure will commence October 25, 2010, through
October 29, 2010, for culvert realignment work. She indicated road signs and barricades will be
utilized, and water will be used for dust control, if necessary. Commissioner Conway moved to approve
said temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 11 AND 13: Ms. Hansen stated
said closure will commence October 25, 2010, through October 29, 2010, in order to enlarge an
irrigation siphon. Commissioner Garcia moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 70 BETWEEN CRS 19
AND 21: Ms. Hansen stated staff would like to reduce the speed limit to 45 miles per hour (M.P.H.) on
County Road 70, between County Roads 19 and 21, due to increased traffic resulting from a new
school. She stated the average daily traffic count for this portion of County Road 70 is 316 vehicles,
and the 85th percentile of speed is 48 M.P.H. In response to Chair Rademacher, Ms. Hansen clarified
the new school is located east of the Town of Windsor, and within the Town of Severance; however,
Weld County maintains this road. In response to Commissioner Conway, Ms. Hansen confirmed the
request is to lower the speed limit from 55 M.P.H., to 45 M.P.H. Chair Rademacher indicated it is
appropriate to reduce the speed at this location, since it is near a school. Commissioner Conway
moved to approve said installation of 45 M.P.H. signs on County Road 70, between County Roads 19
and 21. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 53 AT CR 16: Ms. Hansen
stated this intersection needs Stop signs, and the County Traffic Engineer has determined the Stop
sign should be placed on County Road 53, and the through road should be County Road 16. She
stated the average daily traffic count for County Road 53 is 47 vehicles. Commissioner Garcia moved
to approve said installation of Stop signs on County Road 53, at County Road 16. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR DOMESTIC VIOLENCE FAST TRACK AND
FELONY DOMESTIC VIOLENCE PROGRAMS AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden,
Director of Victim Services, District Attorney's Office, stated this is the grant award for the Domestic
Violence Fast Track Program, as well as the Felony Domestic Violence Program, and the Board
approved the grant application in March, 2010, and she has now received the notification of the grant
award. She stated the full amount requested is being awarded, which is $51,598.00, and there is a
County cash match required.
In response to Commissioner Conway, Monica Mika, Director of Finance and Administration, confirmed
the County match will be $17,200.00, and the amount was planned for in the budget. Commissioner
Conway moved to approve said Statement of Grant Award and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT TO FAMILIES, YOUTH, AND CHILDREN COMMISSION: Commissioner
Garcia moved to appoint Rosemary Geelan to the Families, Youth, and Children Commission, with a
term to expire December 31, 2012. Seconded by Commissioner Conway, the motion carried
unanimously.
Minutes, October 18, 2010 2010-2504
Page 3 BC0016
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
— KATHRYN BROWN: Commissioner Garcia moved to appoint Kathryn Brown as a Deputy District
Attorney and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
OLD PLANNING BUSINESS:
CONSIDER MINOR MODIFICATIONS TO AMENDED USE BY SPECIAL REVIEW PERMIT #737 FOR
TRUCKING OPERATION TO SERVICE THE AGRICULTURAL INDUSTRY IN THE
A (AGRICULTURAL) ZONE DISTRICT - MICHAEL WILLITS (CON'T FROM 10/13/10): Kim Ogle,
Department of Planning Services, stated this is a request for a minor amendment to Amended Use by
Special Review (USR) Permit #737, on behalf of Michael Willits, dba Willie's Grain. He indicated USR
Permit#737 was approved in the year 1986, for a trucking operation to service the agricultural industry,
and in the year 1994, Mr. Willits amended USR #737, to include a maintenance, dispatch, and service
building for company owned vehicles, as well as a truck trailer washout bay. He stated Mr. Willits
approached County staff and requested direction on how to proceed in recovering after the New
Frontier Bank debacle, and staff met with Mr. Willits on several occasions, in order to discuss the
available options. Mr. Ogle stated most recently staff met with Mr. Willits and his attorney, Fred Otis, to
discuss the option of transferring the use of the property to a second party, and staff suggested the
surrounding property owners and the Colorado Department of Transportation (CDOT) be contacted, in
order to determine whether there are any concerns regarding the request. He indicated County staff,
Mr. Willits, and Mr. Otis met with representatives of CDOT and established the limit for truck traffic at
the facility, which is a requirement that was not fulfilled by the applicant prior to the plats being
recorded, due to oversights by staff. He indicated the number of trucks associated with this facility is
limited to 60 vehicle trips during peak hours, as defined by CDOT, and staff worked with Mr. Willits and
Mr. Otis on Development Standards which apply today, while keeping the intent of the current approved
operation intact. Mr. Ogle stated his recommendation is outlined in a memorandum to the Board, dated
October 13, 2010. He stated the Clerk to the Board's Office provided notice to the surrounding property
owners within 500 feet of the facility, and Mr. Willits also contacted each of the property owners
regarding the request in a letter dated October 1, 2010, and none of the property owners expressed
opposition to the request. He indicated Mr. Willits is requesting a minor amendment, to allow the
transfer of AmUSR Permit #737 to another party, with a similar operation, and to allow Northern Plains
Trucking to operate under the amended Development Standards as the tenant, as proposed by staff,
including an amendment to Development Standard #4 which is different from what was proposed in the
staff memorandum. Mr. Ogle indicated in the staff memorandum it was proposed that Development
Standard #4 state, "The truck and trailer washout facility shall be for private use only for vehicles owned
and operated by the property owner," however, it is now recommended that it state, "The truck and
trailer washout facility shall be for private use only for vehicles owned and operated by the property
owner or tenant,"since Northern Plains Trucking will be a tenant. He stated the site is located south of
State Highway 392 and east of County Road 37, and the site is predominantly surrounded by
agricultural land. He stated there is a single point for ingress and egress at the top of the hill, and there
is truck storage and parking, as well as employee parking located on the east property line. Mr. Ogle
indicated staff recommends approval.
Mr. Otis indicated Mr. Willits is also present today, and they are both available to answer any questions.
Chair Rademacher gave the opportunity for public testimony; however, none was given. Commissioner
Long moved to approve said modifications to AmUSR #737. Seconded by Commissioner Garcia, the
motion carried unanimously.
Minutes, October 18, 2010 2010-2504
Page 4 BC0016
NEW PLANNING BUSINESS:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT #1695 - A & W WATER SERVICE, INC.: Richard Hastings, Department
of Public Works, stated this site is located on the north side of the intersection of State Highway 60 and
County Road 38.5. He stated the improvements include improving the access by providing a 100-foot
paved entrance and expanding the radii, to avoid turning into oncoming traffic on State Highway 60,
and there will be a drainage/retention pond constructed at the site. He stated there will also be CDOT
improvements this spring, and the applicant is coordinating with CDOT regarding those. Commissioner
Conway moved to approve said agreement, authorize the Chair to sign, and accept said collateral for
USR #1695. Seconded by Commissioner Long, 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.
There being no further business, this meeting was adjourned at 9:29 a.m.
BOARD OF COUNTY COMMISSIONERS
LD COUN , O
ATTEST: -11,S—.O••••• •./,=, �`�� .:_ .�--
r �� Douglas demacher, Chair
Weld ounty Clerk to the Board ' G �.`;
4
. \ 4 EXCUSED
1 / J/ 4. Barbara Kirkmeyer, Pro-Tem
BY: � /Li d WI? lc �e�;.�k�Dept Clerk o the Board , —
\ Seam o ay
C4
illiamF. G to -
L
David E. Long
Minutes, October 18, 2010 2010-2504
Page 5 BC0016
Hello