HomeMy WebLinkAbout20101353.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 21, 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, June 21, 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 June 16, 2010, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinance #2010-6 by
tape. Commissioner Long seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on June 16, 2010, as follows: 1) USR #1737 - Troy and Judy Hefner, 2) AmUSR #64 - The
General Assembly and Church of the First Born, and 3) USR #1722 - Daniel Ochsner. Commissioner
Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to relocate the following Health
Business Item on the Agenda, to be considered after the New Business items and before the Planning
items, since Mr. Joseph anticipates the matter should be quickly resolved: 1) Consider Suspension of
Colorado Retail Food Establishment License — Los Gallitos Taqueria [2010-1330]. Seconded by
Commissioner Garcia, the motion carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated when the Resolution regarding
coordination was approved at the last Board meeting, some of the citizens in attendance at the meeting
were not satisfied that the Resolution included all the necessary statutes. Mr. Meyer stated the Federal
Land Management Act and the National Forest Management Act need to be referenced in the
Resolution. He stated some people have argued the County government has no right to request
coordination due to the Supremacy Clause; however, coordination is exerted pursuant to the
Supremacy Clause; not in contradiction to it.
Minutes, June 21, 2010 2010-1353
�� Ib Page 1 BC0016
CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
BIDS:
PRESENT BID #B1000119, COUNTY NEWSPAPER - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Monica Mika, Director of Finance and Administration, read the names of the
three (3) vendors that submitted bids into the record, and she stated the bid will be presented for
approval on July 7, 2010.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - LIM INVESTMENT, INC.:
Commissioner Garcia moved to continue said matter to June 23, 2010, based on staff's request.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF 35TH AVENUE BETWEEN O AND F STREETS: Janet
Carter, Department of Public Works, stated the closure commenced June 15, 2010, and it will last until
June 25, 2010. Ms. Carter stated this is an emergency closure as a result of a ditch breeching its bank;
therefore, staff is repairing the ditch and replacing a culvert. She stated the average daily traffic count
for 35th Avenue is 7,637, according to a traffic count conducted in the year 2003. She stated the
detour route is entirely paved, and road signs and barricades will be utilized to notify drivers of the
closure. She stated staff intends to complete the improvements prior to the commencement of the
Greeley Independence Stampede. In response to Chair Rademacher, Ms. Carter confirmed the river
has lowered significantly. Commissioner Conway inquired as to whether staff has coordinated with the
Greeley Independence Stampede, in case the improvements are not complete when the Greeley
Independence Stampede events commence. Ms. Carter stated there has been a great deal of
coordination regarding the matter between the County and the City of Greeley, and the City of Greeley
has been coordinating with the Greeley Independence Stampede. She stated Weld County's staff has
been conscious of the issue and it has been diligently working to complete the project, since it is on a
route utilized to access the Greeley Independence Stampede events. Commissioner Garcia moved to
approve said temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN — CITY OF
GREELEY: Bruce Barker, County Attorney, stated the County has entered into this Memorandum of
Understanding with the City of Greeley for several years, in order for the City of Greeley to be able to
provide a portion of its grant award from the Bureau of Justice Assistance to Weld County, for the
Edward Byrne Memorial Justice Assistance Grant. Commissioner Conway moved to approve said
Memorandum of Understanding and authorize Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER DECLARING CERTAIN REAL ESTATE AS SURPLUS PROPERTY, ACCEPT BID
PROPOSAL, APPROVE SPECIAL WARRANTY DEED, AND AUTHORIZE CHAIR TO SIGN -
GLORIA LISTER: Mr. Barker stated this property was mistakenly divided into two (2) lots for
assessment purposes; however, Gloria Lister's house was constructed upon both lots, including the lot
she was not paying the taxes on. He stated since the taxes were not paid on the one (1) lot, it was sold
at a tax sale and it was stricken off the tax roll, and the property was acquired by the County through a
Treasurer's Deed. He stated staff determined the best way to resolve the matter was to declare the lot
as surplus property, in order to let the homeowner bid on the property. Mr. Barker stated the
homeowner bid $500.00, and she was the only person who submitted a bid for the lot. He
recommended the lot be sold to Ms. Lister, which will allow her to own both the lots on which her home
is located. Commissioner Garcia moved to declare said real estate property as surplus, accept said bid
Minutes, June 21, 2010 2010-1353
Page 2 BC0016
proposal, approve the Special Warranty Deed, and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER EXPRESSION OF SUPPORT FOR THE U.S. HIGHWAY 85 COALITION'S EFFORT TO
APPLY FOR A "SUSTAINABLE COMMUNITIES PLANNING GRANT' OFFERED BY HOUSING AND
URBAN DEVELOPMENT (HUD): Elizabeth Relford, Department of Public Works, stated all the
communities involved with the U.S. Highway 85 Coalition are requesting the involved government
entities to adopt resolutions which demonstrate support for the "Sustainable Communities Planning
Grant" application to Housing and Urban Development (HUD). Commissioner Conway thanked
Ms. Relford for her hard work on this matter. In response to Commissioner Conway, Ms. Relford stated
the notice of funding availability has not been posted by the Federal government, which includes the
specific requirements for the funding; however, she understands the funding will be in-kind support, and
the funding will be based on population. She stated the U.S. Highway 85 Coalition will likely be
applying and competing for a grant in the $2,000,000.00 range, and more metropolitan areas, such as
the Denver Regional Council of Governments (DRCOG), will likely be applying for a grant in the
$5,000,000.00 range. Commissioner Garcia moved to approve said Resolution. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT FOR MEDICAL DIRECTOR SERVICES AND AUTHORIZE CHAIR TO
SIGN - NORTH COLORADO EMERGENCY PHYSICIANS, P.C.: Dave Bressler, Director, Weld
County Paramedic Service, stated Dr. Tyler James resigned for personal reasons; therefore, he
recommends Dr. Benji Kitigawa, who will be the new County clinic doctor. Mr. Bressler stated that
Dr. Kitigawa has extensive experience at the State and local levels; he has been the Medical Director
for a number of agencies; and he is one of the most informed Medical Directors available. Chair
Rademacher stated he is impressed by Dr. Kitigawa, and Commissioner Garcia concurred.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Garcia moved to appoint Hugh Kane to the Regional Communications Advisory Board,
with a term to expire December 31, 2010. Seconded by Commissioner Conway, the motion carried
unanimously.
FINAL READING OF CODE ORDINANCE #2010-5, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC
WORKS, AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE:
Commissioner Long moved to read Code Ordinance #2010-5 by title only. Seconded by Commissioner
Conway, the motion carried unanimously. Mr. Barker read the Ordinance into the record by title.
Ms. Carter stated this Ordinance will update the existing Weld County Code concerning right-of-way
and access permits, and the permits information will be removed from Chapter 8 Public Works and
added to Chapter 12 Licenses and Permits, for consistency and ease of reference for the public. She
stated the Ordinance will also establish the penalties for violations of the permits and update the fee
schedules for cost recovery, and there have been two (2) work sessions conducted concerning the
proposed amendments. Chair Rademacher provided the opportunity for public input; however, none
was given. Commissioner Garcia moved to approve Code Ordinance #2010-5 on final reading.
Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, June 21, 2010 2010-1353
Page 3 BC0016
FINAL READING OF READING OF CODE ORDINANCE #2010-7, IN THE MATTER OF REPEALING
AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY
CODE: Commissioner Garcia moved to read Code Ordinance #2010-7 by title only. Seconded by
Commissioner Conway, the motion carried unanimously. Mr. Barker read the Ordinance into the record
by title, and he stated this Ordinance is regarding a change in the way prescribed intentional burns are
handled, by providing the Board with the ability to determine the area and the timing of the intentional
burns, which will be directed by resolutions. Commissioner Long thanked Mr. Barker for his work on
this Ordinance, and he stated the Board will work in concert with the Forest Service. Commissioner
Conway stated the Board also passed a related Resolution at its last meeting which expressed a desire
for the Board to coordinate planning concerning the use of Federal lands in Weld County. Chair
Rademacher provided the opportunity for public input; however, none was given. Commissioner Long
moved to approve Code Ordinance #2010-7 on final reading. Seconded by Commissioner Garcia, the
motion carried unanimously.
HEALTH BUSINESS:
CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS
GALLITOS TAQUERIA: Dan Joseph, Department of Public Health and Environment, stated on
June 17, 2010, the Department received the documents requested by the Board at the meeting
conducted on June 7, 2010. Mr. Joseph stated all the documents were translated into Spanish,
including the Standard Operating Procedures, which include the employee health policy, training, and
management structure documents. He stated the submissions were not made by the deadline;
however, all of the requested documents have subsequently been received; therefore, he recommends
the establishment be allowed to reopen with the following conditions: 1) The facility continues the
contract with Public Health and Food Safety Services, LLC, and has three (3) inspections conducted by
the company within three (3) weeks; and 2) The facility maintains substantial compliance and has no
violations that would be classified in the foodborne illness risk factor category or would lead to a citation
for failure to demonstrate adequate knowledge. He stated Los Gallitos Taqueria has submitted an
unsigned contract; therefore, the Department will also require a signed contract before the
establishment may reopen. In response to Chair Rademacher, Mr. Joseph stated the owners
understand the conditions.
Silvia Cerrillo, Department of Public Health and Environment, translated for Maria Oaxaca de Flores
and Christina Flores, owners. Ms. Cerrillo stated the owners have indicated they understand the
conditions of the suspension being dismissed, they do not have any questions regarding the conditions,
and they will respect the rules and regulations. In response to Chair Rademacher, Mr. Joseph stated if
the establishment remains in compliance, the Department will not bring the matter before the Board
again. Commissioner Garcia inquired as to whether Mr. Joseph recommends a dismissal or a
continuance, in order to allow the Board to review the matter at some point in the future. Mr. Joseph
stated he is recommending a dismissal and State statutes allows the Department to bring the matter
back before the Board if there are continued violations; therefore, there is no need to hold the matter in
abeyance. In response to Commissioner Conway, Mr. Joseph clarified if the matter is dismissed and
problems re-emerge, State Statute 1609 allows the Department to bring the matter back before the
Board, without repeating a lengthy process of inspections. Commissioner Garcia moved to dismiss the
suspension under the terms and conditions specified by staff. Commissioner Conway seconded the
motion. Chair Rademacher encouraged the owners of the establishment to continue to work with staff,
in order to avoid having to reappear before the Board. There being no further discussion, the motion
carried unanimously.
Minutes, June 21, 2010 2010-1353
Page 4 BC0016
PLANNING:
FIRST READING OF CODE ORDINANCE #2010-6, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST,
CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, CHAPTER 26 RUA, CHAPTER 27 PUD, AND
CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE: Mr. Barker stated the
Department of Planning Services will provide a presentation and there are citizens in attendance who
want to provide testimony.
Kim Ogle, Department of Planning Services, stated on June 1, 2010, the Planning Commission
recommended these amendments to the Code be made due to the existing text being in need of
revision, as proposed, and the proposed changes are part of a semi-annual review of the Weld County
Code, which is completed for the purposes of responding to constituent input, to update its relationship
with other regulatory documents, and to maintain its overall functionality. Mr. Ogle stated the proposed
amendments will be consistent with future goals and the overall intent of the chapters. He stated that
he does not have a formal presentation prepared for the first reading; however, he is aware of three (3)
proposed amendments which are receiving a great deal of interest, which are the proposed language to
address a second single family dwelling in the A (Agricultural) Zone District, which is on Page 26; the
proposed language regarding the cultivation of medical marijuana, which is on Page 49; and the
proposed language regarding the eligibility for division of lands on Lot B of a previously Recorded
Exemption. Chair Rademacher stated the Ordinance seems to contain a great deal of information and
the Board will need to conduct at least one (1) work session to cover all the details.
Brett Magdovitz, owner and operator of Rex Green Remedies, stated his business legally cultivates
medical marijuana and he has been operating out of the current location since February, 2010.
Mr. Magdovitz stated there are numerous reasons he selected this location for this business, including
its isolated location, which is near the intersection of State Highway 119 and 1-25 in Del Camino; the
property has parameter fencing; the property is not near any churches, parks, or schools; and it is easy
to maintain access to the property.
Shasta Fight, Owner of Premier Wellness, stated she understands one (1) of the proposed
amendments will attempt to ban the medical marijuana industry in Weld County; however, she has
been conducting business in good faith and she utilized the best zoning information available at the
time she selected the property from which she, Mr. Magdovitz, and Tom Hamilton, medical marijuana
business owner, operate their businesses. Ms. Fight stated they were interested in a wholesale
operation, which falls under C-3 (Commercial) Zoning, as well as medical marijuana dispensaries,
which were initially designated to be zoned as C-3 (Commercial) as well; therefore, she selected a
property in the C-3 (Commercial) Zone District. She stated she has been in communication with the
Department of Planning Services and the local Fire Department, in an effort to achieve compliance on
every level; however, she is aware there are problems with the way the property is zoned and if the
Ordinance passes, they will be facing additional problems. She stated she, Mr. Magdovitz, and
Mr. Hamilton want to assert their right to farm, and this particular zoning is better suited for this
particular use than agricultural land, since the crops are cultivated indoors, and there are better uses for
the prime agricultural land in Weld County. Ms. Fight stated they are present in order to seek guidance
about what steps they may take to become lawfully established businesses in Weld County.
In response to Chair Rademacher, Mr. Barker stated the dates of the Ordinance readings will be posted
on the County website, as well as the related work session dates. Mr. Barker stated the problem with
this particular property is it is located within the C-3 (Commercial) Zone District, and it is a zoning
violation to cultivate medical marijuana in a C-3 (Commercial) Zone District. He stated the Board
determined the cultivation of medical marijuana could only take place in the A (Agricultural) Zone
District, prior to June 1, 2010, and medical marijuana dispensaries were to be allowed in the
Minutes, June 21, 2010 2010-1353
Page 5 BC0016
C-3 (Commercial) Zone District, pursuant to a Use by Special Review permit. Ms. Fight stated that at
the time she took possession of the property, this information was not made available, and she
attempted to communicate in order to determine the best location for the businesses and she,
Mr. Magdovitz, and Mr. Hamilton have each invested money into bringing the buildings up to standard
for the intended use. She stated if they need to move to the A (Agricultural) Zone District, they are
willing to discuss it; however, they want to find a way to be able to continue to operate and to avoid
viable businesses from being closed as a result of timing and zoning issues. Ms. Fight stated Weld
County is a farming community and she, Mr. Magdovitz, and Mr. Hamilton want to farm; however, they
needed to operate in secure indoor facilities, and the County can better regulate multiple businesses in
the same location. She stated she wants to embrace a relationship with the County, the police, and the
fire departments, and she inquired as to what steps need to be taken for licensure with the County.
Mr. Barker stated the second reading of the Ordinance will be on July 12, 2010, the final reading will be
July 26, 2010, and a work session will occur before July 12, 2010. Mr. Magdovitz stated the State
deadline for submitting paperwork is July 1, 2010. In response to Chair Rademacher, Mr. Barker
explained that what Mr. Magdovitz is referring to is House Bill 1284, which states as of July 1, 2010, the
medical marijuana businesses must be in compliance with local zoning Ordinances. Chair
Rademacher stated to be in compliance, a Use by Special Review (USR) permit must be granted, or
the Code needs to be changed, and he discouraged applying for a USR permit before the final reading
of the Ordinance, to avoid investing more money if the Board bans medical marijuana in Weld County.
Ms. Fight stated regardless of the Ordinance, their businesses need to continue operating and
maintaining compliance with House Bill 1284, and July 1, 2010, is the deadline; therefore, she requests
the necessary changes be directed by the Board prior to July 1, 2010, including if the businesses need
to be relocated to the A (Agricultural) Zone District.
Mr. Magdovitz stated people who are cultivating medical marijuana may either open a retail center or
an infused product manufacturing facility. He stated he may be interested in installing a commercial
kitchen in the location. Chair Rademacher stated the installation of a commercial kitchen would create
additional issues to be addressed by the Department of Public Health and Environment. Mr. Magdovitz
stated he is not interested in pursuing that option at this time. He stated that he spoke to a man named
Larry Forest who is growing micro-greens inside a warehouse in the C-3 (Commercial) Zone District;
therefore, there is precedence for agricultural uses in the C-3 (Commercial) Zone District. In response
to Commissioner Rademacher, Mr. Magdovitz confirmed they are presently growing medical marijuana
at the property. Mr. Barker stated he needs to correct earlier statements made by Chair Rademacher.
He clarified the property being discussed is in violation of the Weld County Code, since it is located
within the C-3 (Commercial) Zone District, and the only possibility for legally cultivating medical
marijuana in Weld County is to have began cultivating in the A (Agricultural) Zone District prior to June
1, 2010, pursuant to the pending Ordinance. He stated the Board is considering approving an
Ordinance which will prohibit the cultivation of medical marijuana in all zone districts; therefore, the
people growing medical marijuana at this property have nine (9) days prior to the House Bill deadline to
convince the Board to allow the cultivation of medical marijuana in the C-3 (Commercial) Zone District.
In response to Commissioner Conway, Mr. Barker stated the Ordinance regarding the
C-3 (Commercial) Zone District was passed last fall, which is prior to this facility commencing
operations. Ms. Fight stated at the time she was considering the property for the location of her
business, the Weld County Code contained minimal information concerning medical marijuana, and she
may have been provided some misinformation because she was told there was no part of the Weld
County Code which addressed medical marijuana growing operations; however, there was some
language regarding medical marijuana dispensaries. She stated the misinformation may be related to
the challenge of trying to interpret the related emerging laws.
Minutes, June 21, 2010 2010-1353
Page 6 BC0016
Mr. Hamilton stated he was told that the first Ordinance addressing this topic was a silent ordinance
when he called for information about it, and it was so rough around the edges, he did not know how to
address it. Mr. Barker stated the Weld County Code allows certain uses in certain zones as a Use by
Right, Accessory Use, or a Use by Special Review (USR), and the only part of the Weld County Code
which refers to medical marijuana is the portion which stated a medical marijuana dispensary may be
allowed in the C-3 (Commercial) Zone District, with a USR permit. Mr. Hamilton stated he, Ms. Fight,
and Mr. Magdovitz want to abide by the law and pay their taxes, and they are looking to the County for
guidance. He stated there are other people, in addition to himself, Ms. Fight, and Mr. Magdovitz, who
are operating medical marijuana businesses from the same property they are operating their
businesses at. Mr. Magdovitz stated he understands the businesses are in violation of the Code, and
he inquired as to whether there is a way to rectify the violation, or at least to allow some time to develop
a departure plan. He stated he has a great deal invested into this location, and there are many people
who are cultivating medical marijuana and are not making any effort to be in compliance or to be
transparent. Chair Rademacher thanked Mr. Magdovitz for coming forth. Mr. Barker stated, as with
any zoning violation, there is a process where inspectors evaluate the property, then a letter requesting
a response is mailed to the property owners, and the property owners are given 30 days to correct the
zoning violation. He stated if the zoning violation is not corrected within 30 days, a violation hearing is
scheduled before the Board, and typically the Board is reasonable about providing adequate time to
correct the violation, for example, a certain amount of time would be given to accommodate relocation
of the businesses. Ms. Fight stated she would like to begin the licensing process. She stated this
property was unoccupied for approximately ten (10) months prior to her operation moving in, and she
feels the site is ideally suited for the operations at the location. She stated if an inspector visited the
location, he or she would see the high level of professionalism in each of the business spaces.
Ms. Fight stated the businesses are almost invisible; there is no nuisance, noise, or odor; it is located at
the end of a private road; and she has been challenged to find other properties which are as ideally
suited as this location. She stated she is not only representing her business; there are four (4) different
entities which want to occupy the space, pay taxes, and to be in compliance with the State and the
County. In response to Chair Rademacher, Mr. Magdovitz stated the State licensure varies according
to what the business entails. Ms. Fight stated the cost is approximately $8,000.00 to $9,000.00 for
each retail space, and each optional premises is an additional $1,500.00, which each of the four (4)
businesses is considered to be because she is in possession of a retail space in Larimer County. Chair
Rademacher stated Ms. Fight and the others may pursue the licensing process at their own risk.
Mr. Barker clarified the Ordinance will prevent Weld County from issuing any local licenses. He stated
the licensing process will be similar to liquor licensing; there will be both State and local licensing
processes, and the County will have the option to grant or not to grant licenses for medical marijuana
operations. Commissioner Long stated the conversation has digressed; the zoning violations and the
proposed Ordinance are two separate matters, and he requested the public limit their comments to their
opinions regarding the proposed Ordinance. He stated he would like to impose a cease and desist for
the businesses operating in violation of the Weld County Code, if this matter ends up being considered
at a violation hearing, since this matter affects the health, safety, and welfare of Weld County's citizens.
Ms. Fight stated it will be detrimental to Weld County to pass this Ordinance because medical
marijuana is a farming industry and Weld County has indicated it wants to support farmers. She stated
if the Board bans medical marijuana operations, it will be cutting Weld County off from valuable revenue
which the rest of the State will be benefiting from. She stated she and her associates are agricultural
workers who are looking for a way to prevent their industry from being banned in Weld County. Chair
Rademacher stated there will be two (2) more readings of the Ordinance and a work session, all of
which the public is invited to attend and the information will be posted on the County website. In
response to Commissioner Conway, Ms. Fight stated medical marijuana generates more revenue per
pound than any other agricultural industry known to date. She stated medical marijuana is currently a
multi-million dollar economy in the State, which is one reason why there is so much opposition to
closing these businesses. She stated she wants to help local patients and to assert her right to farm.
Minutes, June 21, 2010 2010-1353
Page 7 BC0016
Edward Kaufman, Adams County resident, stated he is a veteran and he has been in the
U.S. Department of Veterans Affairs (VA) healthcare system for seven (7) years. Mr. Kaufman stated
he has a degenerated disc in his neck and he did not want to have an operation, which may not
alleviate his pain, or take prescription pain killers such as Percocet or Oxycontin. He stated his doctor
indicated she cannot officially recommend medical marijuana due to Federal laws; however, it has
helped patients in similar situations; therefore, he tried it, and it has helped alleviate the pain. He stated
he has also started cultivating marijuana since his 401k was decimated, and it has given him an
opportunity to provide financially for himself and his family. Mr. Kaufman stated his medical records
and the computed tomography (CT) and Magnetic Resonance Imaging (MRI) scans of his neck were
examined prior to a prescription card being issued to him for medical marijuana. In response to Chair
Rademacher, Ms. Fight clarified Mr. Kaufman lives in the City of Thornton; however, he is associated
with her company.
Michael Zimpano, Budding Health, stated he is currently cultivating in Weld County and he has been
since last year. Mr. Zimpano stated he in compliance with State laws and he has worked with the
County planners to ensure the process is handled properly, inspections have been conducted by the
County, and the operation is located within the A (Agricultural) Zone District. He stated medical
marijuana and industrial hemp generate significant income, and industrial hemp can be utilized to
construct buildings, boards, and other construction materials. He stated industrial hemp takes little out
of the land and it can grow as large as a nine (9) year old pine in six (6) months; therefore, industrial
hemp is a great option for landowners facing financial difficulties. He stated land use rights are
precious in Weld County and he requests there be a review process established for medical marijuana
operations. He stated there is a component of marijuana which studies have indicated is the only
medicine known to be able to stop Alzheimers from progressing; therefore, there is potential medical
value for marijuana. Mr. Zimpano requested a provision to grandfather existing facilities be included in
the Ordinance. He stated people are growing medical marijuana and if it is removed from the
A (Agricultural) areas where it can be easily monitored and taxed, it will be pushed back into residential
areas where house fires may be caused by too many lights being utilized, and where it is difficult to
monitor and tax.
Mr. Hamilton stated banks and pharmacies are robbed more often than medical marijuana
dispensaries. Commissioner Conway stated under House Bill 1284, local law enforcement will not
know where the medical marijuana growing facilities are located; just the Department of Revenue will
be informed about the locations. Mr. Barker concurred with Mr. Conway's interpretation; however, he
did not investigate the matter since the Board was not interested in locally licensing medical marijuana
facilities. In response to Commissioner Conway, Ms. Fight stated House Bill 1284 requires the facilities
to maintain a security system and there is a certain amount of disclosure; however, as the process
moves forward, the intention is the locations of the facilities will become less a matter of public record,
in order to protect the operators. She stated the intention is not to exclude the local police from the
information; however, it will be under the Colorado Bureau of Investigation's jurisdiction, which will
police the operations to ensure a certain level of public safety is being maintained. She stated since
there are multiple businesses at the same location, the businesses can take additional precautions,
such as hiring a security guard to monitor the property at all times and working with the fire marshall
regarding fire concerns. Ms. Fight stated people working with the decision making body have indicated
the Colorado Bureau of Investigations will place cameras within the facilities, and there are a number of
safety and compliance measures being implemented by the State. Mr. Magdovitz stated the
businesses have secured an armored vehicle to transport the product and if there are any measures
which will make the County feel more secure, the business owners are willing to take those measures.
Minutes, June 21, 2010 2010-1353
Page 8 BC0016
Von Honnecke, property owner on Turner Boulevard, stated there are good and bad components to
medical marijuana; however, he believes medical marijuana can help many people. Mr. Honnecke
stated his mother utilized medical marijuana in her later years and it helped her condition, and his wife
suffered a head injury which shattered her left orbital socket and she utilizes medical marijuana for pain
management. He stated this is a topic he has changed his opinion about over the years, since he has
seen medical marijuana help numerous people. He stated the building he owns is zoned
C-3 (Commercial); however, the area has not grown for 15 years; therefore, it would be a perfect
location for medical marijuana cultivation. Mr. Honnecke stated the building would also be well suited
for medical marijuana because it can be easily monitored, since it has only one (1) entrance. He stated
he would like to obtain an exemption because his property taxes are $22,000.00 per year and he will
not be able to continue to afford to retain the building, which has been vacant for over one (1) year, if
he cannot secure a renter. He stated medical marijuana cultivation does not utilize agricultural land; it
is cultivated within buildings, and it is well worth evaluating the economic viability.
Diane Honnecke, Mr. Honnecke's wife, reiterated there is no one renting the property she and her
husband own, and they would like to be able to offer the location to medical marijuana operations.
Ms. Honnecke stated medical marijuana operations need to be treated the same as other businesses
by being taxed and regulated, and there is the potential for a lot of money to be generated from medical
marijuana operations. She stated personal opinions may vary about whether medical marijuana
effectively reduces pain; however, those opinions should not determine whether a business is allowed.
She stated medical marijuana is the only drug which alleviates her chronic pain and it would be difficult
to determine she needs medical marijuana based on looking at her; therefore, she encouraged people
to refrain from judgments about who needs medical marijuana based on appearances. Ms. Honnecke
requested the Board consider granting an exemption for their property.
Mr. Barker stated he made a minor change in the language regarding medical marijuana in the
Ordinance to clearly indicate patients who are utilizing and cultivating medical marijuana for personal
use, pursuant to the Colorado Constitution, have the right to do so, as well as those who are acting as a
primary caregiver, in compliance with Colorado Revised Statutes. Commissioner Conway inquired as
to whether there is a limitation for caregivers as to how many plants may be cultivated. Mr. Barker
stated he believes the number of plants allowed is approximately five (5) to seven (7), according to
House Bill 1284. Mr. Magdovitz stated three (3) flowering plants and three (3) vegetative plants are
allowed per caregiver. Commissioner Garcia moved to approve Code Ordinance #2010-6 on first
reading, as amended by Mr. Barker. Commissioner Long seconded the motion. Chair Rademacher
recommended a separate work session be conducted for the portion of the Ordinance which includes
the chapter pertaining to medical marijuana, since there is so much information included within the
Ordinance. There being no further discussion, the motion carried unanimously.
SECOND READING OF CODE ORDINANCE #2010-4, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD
COUNTY CODE: Commissioner Garcia moved to read Code Ordinance #2010-4 by title only.
Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the Ordinance
into the record by title.
Chris Gathman, Department of Planning Services, stated the Planning Commission recommended
approval of the Ordinance at its hearing conducted on May 18, 2010, and it recommended adding a
sentence to the Ordinance which refers to the North Greeley Railroad Subarea Plan and attaching it as
an appendix to Chapter 22 of the Comprehensive Plan.
Minutes, June 21, 2010 2010-1353
Page 9 BC0016
Brad Mueller, City of Greeley, stated he will present essentially the same information which was
included in the presentation which was made to the public at the last open house and the presentation
made to the Planning Commission. Mr. Mueller stated the North Greeley Railroad Subarea Plan
preparation is a joint effort between the City of Greeley and Weld County, which staff began to work on
approximately two years ago, when both the City and County's Comprehensive Plans were being
revised. He stated the North Greeley Railroad Subarea Plan is an effort to support both jurisdictions'
Comprehensive Plans, which both want to capitalize on opportunities for economic development and
the unique characteristics of the region. He stated the North Greeley Railroad Subarea Plan evaluates
important employment opportunities which exist in the region. Mr. Mueller stated in the year 1982 the
City of Greeley annexed a large portion of property located north of the Poudre River, which was
referred to as the Anheuser Busch Annexation at that time, and it was the first of many economic
development efforts in the area; however, the Anheuser Busch facility did not come to fruition. He
stated in the year 2000, the 2020 Comprehensive Plan Growth Boundaries were adopted by the City of
Greeley, and the County was instrumental in adopting its vision of economic development with the
update of the Weld County Comprehensive Plan in the year 2007. He stated that in the year 2008, the
City of Greeley and Weld County entered into a Memorandum of Understanding to jointly commence
the North Greeley Railroad Subarea Plan. He stated in the fall of the year 2008, the first open house
took place, which was followed by stakeholder meetings a few months later, which included
representatives from the City and County Public Works Departments, School Districts, utility
companies, the oil and gas industry, and the railroad company. Mr. Mueller stated in Summer, 2009,
scenario analysis was conducted, and in Fall, 2009, draft goals and policies were jointly developing,
leading up to the second public open house and then a document being drafted, which the Board is
considering today. He stated the North Greeley Railroad Subarea Plan was available to the public in
April, 2010, and a final open house was held the same month, which was advertised to the public and
land owners in the proposed area. He stated on May 18, 2010, a joint session was held between the
City of Greeley and Weld County Planning Commissions, notice of the meeting was provided to land
owners in the proposed area, and public input was provided at the meeting. He stated both the
Planning Commissions made motions in favor of the plan, which passed unanimously, and both the
City and the County are each at the stages of formally adopting the Plan. Mr. Mueller stated this is the
second reading of the Ordinance for Weld County and its final reading will occur on July 12, 2010; the
first reading of the Ordinance for the City of Greeley occurred on June 15, 2010, and the final reading
will occur on July 6, 2010. In response to Chair Rademacher, Mr. Mueller stated the City will conduct a
total of two (2) readings for its Ordinance; not three (3) as the County does. Mr. Mueller stated a
subarea plan is a common practice and land use tool, which exists for key areas; especially larger
jurisdictions, and it consists of goals, policies, and maps, similar to the structure of the Comprehensive
Plan. He stated both the City and the County first studied and evaluated the overall area and common
themes, then there was a citizen and stakeholder outreach process, which consisted of three (3) open
houses and ongoing website presence. He stated the landowners hold the key role in the process, and
while it is impossible to reach 100 percent consensus, a general shared vision will provide guidelines
for the area, a sense of a common goal to work towards, a tool for promoting economic development in
the area, and a clearer sense of direction, in order for wise decisions to be made regarding
infrastructure and public investments. He stated the North Greeley Railroad Subarea Plan does not
change any zoning or current rights for the land owners, and the property owners will need to request a
change of use for rezoning to occur. Mr. Mueller stated the North Greeley Railroad Subarea Plan will
simply provide an option for land owners and provides a competitive advantage for the region by
creating a clear, coordinated document. He stated the study boundaries included U.S. Highway 85 on
the east, State Highway 392 on the north, County Road 23 on the west, and the Cache La Poudre
River on the south. He stated the economic market will improve in the North Greeley Railroad Subarea
Plan area, there have been economic inquiries being made to Upstate Colorado Economic
Development each month from various businesses, and he presented a map of the land uses in
operation, the entitled land uses, and the land uses in the process of development. Mr. Mueller stated
Minutes, June 21, 2010 2010-1353
Page 10 BC0016
the next map in his presentation is the most important for analysis, showing the unique characteristics
of the area, which includes mile-long sections which are uninterrupted by roads, making it viable for
business use if the limited number of crossings is maintained, and if the City and County remain
cognizant of land use and infrastructure impacts. He stated this route differs from similar rail stretches
along the Union Pacific (UP) and long haul lines, and the short line offers opportunities for transitional
uses, such as changes from truck to rail. He stated the subarea is smaller than the study area and it
focuses on promoting primary jobs through industry along the rail corridor, which is a unique area
because it is the least constrained by physical characteristics, such as the Cache La Poudre River, and
it is the most open area when examining the road corridors. Mr. Mueller stated the goals and policies
are: 1) To encourage industrial and commercial uses within the subarea that provide primary jobs;
2) To develop key infrastructure along the corridor, to support industry, including maintaining and
improving roads and preserving designated road corridors, to prevent new road crossings which would
inhibit the full potential of the railway; 3) To create permit-ready sites for primary industrial and
commercial businesses, including encouraging land owners to pursue rezoning of their properties to
industrial; 4) To promote and attract industry and business while balancing land uses, including working
to improve road alignments, most of which the Board has already adopted as part of the corridor
improvement plan for the area; and 5) To preserve the rail line's functionality and future use, including
only considering subdivision developments in the area when it is compatible with industry. He stated
advantages for the area include the mile-long sections without road crossings, the generally large
parcels in the proximity, that central water/sewer service will soon be available for the area, the large
labor pools, and the regular economic development inquiries. He stated the challenges are to continue
to be efficient in the use of the existing infrastructure and the construction of new infrastructure; to be
smart when considering the future of public and private infrastructure; and that there continue to be
interest in the area from private investors. Commissioner Garcia stated the subarea plan area appears
to overlap the Cache La Poudre River, and he inquired about the floodplain being an issue. Mr. Mueller
stated the map is not precise; however, all local land use rules will apply to any application which is
submitted, and both the County and the City have regulations concerning the floodplain, which all land
use applicants will be required to comply with. Responding to Commissioner Garcia, Mr. Mueller
confirmed the railcentric employment and the principal corridors may be smaller when an application is
actually submitted, based on the floodplains and floodways, and he stated there may be other
constraints as well, including traffic, and access to water and sewer. Mr. Mueller stated it is not realistic
to anticipate the entire area will become industrial, since the market may not head in that direction and
it may not be the desire of the land owners; however, the Plan will focus energy and interest on the
area and help to plan for future land use applications for the area. Commissioner Garcia stated since
the study has commenced, the State has been considering the utilization of the 500-year floodplain, as
opposed to the 100-year floodplain, and he inquired as to how that may affect the North Greeley
Railroad Subarea Plan. Mr. Mueller stated he is not aware of how far the 500-year floodplain extends;
however, the City of Greeley has been aggressively working to express its opposition to the 500-year
floodplain being implemented, and if it is implemented, it will affect many areas. (Clerk's Note:
Mr. Mueller submitted a copy of his PowerPoint presentation, which is marked Exhibit B, under BOCC
Exhibits in the Ordinance file.)
Joseph Plummer, Director of Planning, Town of Windsor, stated he is representing the Windsor
Planning Commission, and he sent a letter dated June 3, 2010, outlining the three (3) concerns of the
Planning Commission. Mr. Plummer stated when the initial meeting regarding the study occurred, the
study area was further east and the Town of Windsor's corporate boundaries were further west;
therefore, the Town was not involved in the early dialogue and the development of the North Greeley
Railroad Subarea Plan; however, since that time, the Town of Windsor and the City of Greeley's
corporate boundaries have coincided. He stated the Windsor Planning Commission is not opposed to
the North Greeley Railroad Subarea Plan; Mr. Mueller gave the same presentation to the Windsor
Planning Commission and it was well received, other than the Town of Windsor not being involved with
its development. He stated after seeing the routes, the Planning Commission was concerned there is
Minutes, June 21, 2010 2010-1353
Page 11 BC0016
no eastern outlet to rail traffic. He stated another concern is there is a bridge which needs to be
reconstructed at 59th Avenue in the City of Greeley and, even after it is reconstructed, there are no
switching mechanisms for long routes east of Greeley; therefore, the commercial, industrial, and short
line rail traffic will travel directly through downtown Windsor. In response to Chair Rademacher,
Mr. Plummer stated Great Western Omni owns the railroad tracks. Mr. Plummer stated the Windsor
Planning Commission requests that the City of Greeley and Weld County work with Great Western
Railway to reconstruct the bridge on 59th Avenue, to accommodate eastbound rail traffic, and to tie into
the Union Pacific switch in the Greeley switching yard, to further accommodate eastbound rail traffic.
He stated the Windsor Planning Commission also requests that the City of Greeley and Weld County
enter into discussions with the Town of Windsor to create an intergovernmental agreement for the
development with, and adjacent to, the subarea, for consistent and compatible industrial development
within the subarea and the properties within the Town of Windsor which abut the subarea. Chair
Rademacher stated it will be up to the owner of the railway to reconstruct the bridge and the railroad
switch; not the County or the City of Greeley. Mr. Plummer concurred and he stated the General
Manager of the Great Western Railway, Pat Black, attended the Windsor Planning Commission hearing
at which Mr. Mueller gave his presentation, and he has included Mr. Black in subsequent
correspondence he has sent to the City of Greeley and Weld County. Commissioner Garcia stated he
was the Commissioner Coordinator for the Department of Planning Services when the subarea
planning began in the year 2008, and he recalls the Town of Windsor was initially involved with the
conversations. Mr. Plummer stated he personally attended the first meeting about the North Greeley
Railroad Subarea Plan and there were approximately 16 to 18 individuals involved; however, at that
time it appeared the study area was going to be further east, and the City of Greeley and the Town of
Windsor have subsequently expanded. Chair Rademacher thanked Mr. Plummer for attending.
Commissioner Long stated he appreciates the Town of Windsor's involvement and he moved to
approve Code Ordinance #2010-4 on second reading. Commissioner Garcia seconded the motion.
Chair Rademacher thanked everyone who was involved with the process. There being no further
discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2010-5 and Ordinance #2010-7 were approved on final reading;
Ordinance #2010-6 was approved on first reading, with amendments; and Ordinance #2010-4 was
approved on second reading.
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 21, 2010 2010-1353
Page 12 BC0016
There being no further business, this meeting was adjourned at 10:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COU • ORADO
' :•,O14-4r-77---r
ATTEST: �1 _ ,.t, c�
�• I-- Ra.emaccer, Chair
0.
Weld County Clerk to the Board . Ala , �,
ED
�" a Kirkmeyer, Pro-Tem
BY: u CM - /
De. Clerk t. the oard . O.
����' —•. o ay r—}
col y
Will m 1k. G a
Uavi _E. Long r
G
Minutes, June 21, 2010 2010-1353
Page 13 BC0016
Hello