HomeMy WebLinkAbout20081349.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 21, 2008
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, May 21, 2008, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of May 19, 2008, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Mark Reinert, General Chairman, Greeley Independence Stampede, presented a
Proclamation to the Board, attached hereto as Exhibit A, indicating July 1, 2008, will be known as Weld
County Day at the Greeley Independence Stampede. He read the Proclamation into the record. Jay
Helzer, Vice-Chairman, Greeley Independence Stampede, presented posters and rodeo tickets to each
of the Board members. Commissioner Long stated he anticipates the arrival of the Stampede every year,
as the event has activities for all age groups, and it is a good event for families. He encouraged residents
of the County to attend the Stampede, and confirmed his family will attend several events. Chair Pro-Tem
Masden concurred that the Stampede is a great place for families, and it is the biggest economic activity
which happens in Weld County on an annual basis. He stated the event is a fantastic celebration, and the
Stampede staff do an excellent job of bringing in top concert talent. He expressed his appreciation to all
staff members for the hard work which goes into planning this event.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MEMORIAL DAY-MAY 26, 2008: Chair Pro-Tem Masden read the certificate into the record, proclaiming
May 26, 2008, as Memorial Day. He stated the certificate will also be read at cemetery services on
2008-1349
BC0016
'(3
7(X,-I -�
Memorial Day. He indicated the remembrance of Memorial Day is a special time for his family since every
male member of his family has served in the Armed Forces, and his brother passed away while serving
on foreign land. He expressed his appreciation for all Veterans, especially those who have lost their lives
in battle.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,019,333.75
Electronic Transfers - All Funds $257,873.61
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
PRESENT COMMUNITY CORRECTION SERVICES BID - DEPARTMENT OF FINANCE: Mr. Warden
read the names of the four vendors who submitted a bid into the record. Said bid will be considered for
approval on June 4, 2008.
OLD BUSINESS:
CONSIDER AMENDMENT TO BYLAWS FOR WELD COUNTY REGIONAL COMMUNICATIONS
ADVISORY BOARD (CON'T FROM 5/07/08): Bruce Barker, County Attorney, stated this item was
previously continued so that feedback could be obtained from the Advisory Board members regarding the
addition of law enforcement representatives to the Board. He indicated he has not received a response,
therefore, the matter needs to be continued. He clarified the District Attorney was eliminated as a Board
member; however, another member from the law enforcement profession must be added to the Board.
He recommended continuing the matter to June 4, 2008. Commissioner Rademacher moved to continue
said matter to June 4, 2008, at 9:00 a.m. Seconded by Commissioner Long, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
MAY 31, 2008 - SHAUN LAWRENCE: Mr. Barker stated Stephanie Arries, Assistant County Attorney,
reviewed the application materials; however, she is not able to be present at the hearing today. He
indicated there are concerns with the application,and the County Attorney's Office is recommending denial
of the application. He clarified based upon his discussions with Deputy Alan Caldwell, he was notified that
the applicant was to enter into an agreement with the Weld County Sheriffs Office for security personnel
at the site; however, the agreement has not yet been completed, therefore, the applicant does not have
sufficient security for the event. He further clarified the application materials indicate no more than 1,500
people will be allowed at the event; however,a Craigslist internet advertisement provided by a surrounding
property owner, contained within Exhibit G, indicates the event will exceed 2,000 attendees. He indicated
the applicant did not apply for a Special Events Permit, for the service of alcohol at the site; however, the
Craigslist advertisement mentions service of alcohol. Mr. Barker stated the application contains enough
inconsistencies that he has concerns with the proposed event. He stated several of the surrounding
property owners are present today to provide testimony of their concerns. He recommended that the
Board hear testimony from the applicant, and then allow the surrounding property owners to voice their
concerns.
Minutes, May 21, 2008 2008-1349
Page 2 BC0016
Shaun Lawrence, applicant, clarified that no alcohol will be provided at the event, and confirmed that he
did not apply for a Special Events Permit. He further clarified he has only had 1,500 tickets printed for the
event, therefore, he is not sure why the estimate of over 2,000 people is mentioned. He stated he has
obtained a tentative contract with the Sheriff's Office, to provide security personnel; however, he intended
to finalize the contract after gaining approval of the permit at today's hearing. He indicated several of the
surrounding property owners may have concerns regarding the parking for the event, and he clarified he
has made arrangements with two surrounding property owners to accommodate the parking needs for
up to 550 vehicles. He stated he is expecting many children to attend the event, including disabled
children, therefore, he expects an average of three to four attendees per vehicle.
In response to Commissioner Long, Mr. Lawrence indicated his business on the site has provided free
horseback riding for disabled children for the past two years, and he has been featured on various
television programs. He clarified he does not charge the children who participate in the horseback riding,
and he pays for all of the expenses out of pocket, which total approximately $7,000.00 per month. He
indicated the event to be held on May 31, 2008, will raise funds to be utilized to continue the horseback
riding program for disabled children,free of charge, and to expand the program to operate on a daily basis.
He clarified his operations currently allow children to ride only on Wednesdays and Sundays. Mr.
Lawrence indicated the horseback riding brings joy to disabled children and he receives phone calls from
parents indicating the change in behavior in the children after the chance to ride the horses. He further
indicated he is very passionate about serving disabled children; however, he is not financially able to
provide the necessary operation needs on an everyday basis. He stated the fund-raising event has
obtained sponsorships from Monster Energy Drinks, Schwann's, Arby's, Baldoria Restaurant, Waste
Chasers, Pridemark, and the KBPI radio station, and the sponsorships include donated time and items for
the raffle. Further responding to Commissioner Long, Mr. Lawrence clarified three bands will be
performing throughout the day, in 45-minute increments, and several raffle prizes will be promoted
throughout the day as well. He further clarified several law enforcement officers and firefighters have
agreed to be a part of an auction in which the bidders purchase a date, and several of the sponsors will
also be providing free product giveaways. He reiterated there will be no alcohol service at the event, and
the event is expected to begin around 11:30 a.m., and continue until approximately 6:30 p.m.
Commissioner Long indicated there have been concerns with similar past events regarding the staging or
parking of vehicles along County Roads, and the applicant needs to address how this potential safety
hazard will be mitigated by providing adequate space. Mr. Lawrence indicated the property to be utilized
for parking contains four entrances, and approximately eight or nine of the 93 volunteers at the event will
act as parking attendants to properly direct traffic. In response to Commissioner Rademacher,
Mr. Lawrence indicated the property to be utilized for parking is located directly east of his property and
owned by Javier Fernandez,and he confirmed the property will provide approximately four acres of fenced
parking for approximately 350 to 500 vehicles. Further responding to Commissioner Rademacher,
Mr. Lawrence indicated he has provided horseback riding for approximately two years, and clarified the
operations began with providing the rides for homeless children, and has expanded to include providing
rides for disabled children.
Mr. Barker read the content of the Craigslist advertisement, contained within Exhibit G, into the record,and
provided a copy of the advertisement to Mr. Lawrence, upon his request. Responding to Commissioner
Long, Mr. Barker indicated he is uncertain as to why the contract with the Sheriff's Office has not been
finalized, since the Board needs to be provided with assurance that the concerns of the Sheriff's Office
have been mitigated. He clarified he understands the applicant's reluctance to enter into the contract
pending permit approval; however, the element of assurance needs to proven in order to issue the permit.
Mr. Lawrence clarified he did not want to risk paying the deposit of$1,800.00 to secure the services of the
Sheriff's Office and then be denied for the permit. He indicated he was informed that if it is necessary to
Minutes, May 21, 2008
2008-1349
Page 3 BC0016
cancel the security service contract, a request for the refund of the deposit money must be submitted at
least fifteen days before the event, therefore the deadline to request a refund has already passed.
In response to Commissioner Garcia, Mr. Lawrence confirmed he expects many children to attend the
event, and the activities for the children include an inflatable bounce house and slide, pony rides, viewing
of large draft horses, and a child-size mechanical bull. He stated the disabled children will also be able
to paint horseshoes to be raffled off at the event. Further responding to Commissioner Garcia,
Mr. Lawrence indicated the children's activities will take place within a concentrated area, and the vendors
will also be grouped into one area. He indicated a dunk tank will also be in operation at the event, with
several guest appearances, including a Denver Broncos football player, and provided the names and a
brief description of each of the bands which will be featured at the event. In response to Commissioner
Long, Mr. Lawrence indicated he had not seen the Craigslist advertisement before the hearing today, and
he is not sure who posted the advertisement. He clarified the catering service will provide food and
non-alcoholic drinks, and the VIP area will also not serve alcohol. He indicated massage therapists will
have been hired for the VIP area. Responding to Commissioner Rademacher, Mr. Lawrence clarified he
originally asked Mr. Chavez for his permission to utilize his property for parking; however, Mr. Chavez did
not grant permission.
Mr. Barker indicated the submitted application materials do not contain proof that Mr. Lawrence owns the
subject property, nor that the current property owner consents to the temporary assembly. In response,
Mr. Lawrence provided a copy of a contract to purchase the property, marked Exhibit L. Responding to
Commissioner Long, Mr. Lawrence indicated this event is his first fund-raising event, and he will be forced
to shut down the horse riding program if he is not able to raise funds through this event. Mr. Barker
clarified the documentation submitted as Exhibit L does not clarify that the current property owner consents
to the use of the property for the proposed event. Mr. Lawrence indicated the contract states a closing
date on the property of May 29, 2008, which is two days before the event, therefore, he will own the
property at the time of the event.
Bethany Salzman, Department of Planning Services, stated she has received six e-mails of concern from
surrounding property owners. She stated the current property owner has provided an e-mail, marked
Exhibit H, which indicates that the closing of the property will take place on June 4, 2008, which is after
the proposed event. She indicated most of the complaints she has received regarding this property are
regarding ownership concerns, parking, trash, electrical connections, noise, and the proposed alcohol at
the event. She stated the property is currently in violation, due to the operation exceeding 30 vehicle trips
per day, which typically happens on Sundays, and the current property owner has been notified of the
violation. She provided a map of the surrounding area of the property, marked Exhibit M, and indicated
the placement of the parking on the adjacent property. Ms. Salzman read Section 23-3-40.B.10 into the
record, indicating no negative uses shall occur as the result of the operation of any events, and clarified
staff has received complaints about the site regarding the regular operations, as well as the proposed
event.
In response to Commissioner Rademacher, Don Carroll, Department of Public Works, indicated he will
research the current traffic counts within the surrounding area. Ms. Salzman indicated the Vantage Aces
Subdivision is located east of the site, and gave a brief description of the Use by Special Review Permits
within the immediate vicinity. Responding to Chair Pro-Tem Masden, Ms. Salzman clarified the property
owner has only been given notice of one violation; however, she has received six separate complaints
regarding the property since the previous Thursday. Mr. Lawrence clarified he has not received any type
of notice regarding a violation at the site, and he believes the complaints may have originated from the
instance when his horses were inadvertently able to escape from the property. Ms. Salzman confirmed
the violation notice was provided to the current property owner. Mr. Carroll indicated the average daily
traffic count on County Road 39, between County Roads 6 and 8, is approximately 169 vehicles trips per
Minutes, May 21, 2008 2008-1349
Page 4 BC0016
day, and the traffic count on County Road 8, between County Roads 37 and 41, is approximately 650
vehicles trips per day.
Rory Pettinger, Weld County resident, indicated his parents own the property which is directly northeast
of the proposed site for the event, and clarified Len Pettinger is his father. He further clarified his aunt is
the current property owner, and she is currently in the process of selling the property to Mr. Lawrence. He
expressed his concerns regarding parking at the site, and stated he does not understand how 1,500
attendees, plus all of the vendors and equipment will fit on the very narrow lot. He indicated the applicant
has not previously provided a parking plan; however, the property for the intended parking that
Mr. Lawrence has described contains extensive improvements including a rodeo arena, residence, and
several corrals. He indicated it will not be possible to park approximately 500 vehicles on the property
owned by Mr. Fernandez. He expressed his concerns regarding the lack of content within the application
materials and indicated the advertisement seems to be advertising an entirely different event than what
is described in the application materials. He clarified horses, cattle,and other livestock have escaped from
the applicant's property, and he does not believe this type of event belongs at this site. He further clarified
the event does not seem well organized, and he requested that the Board deny the application.
Collete Wilbanks,surrounding property owner,stated she has several concerns regarding the horse riding
facility, including the lack of certification for the riding program for handicapped children. She stated she
believes the applicant has misrepresented the need for the program, since there are two other State
facilities within a 20-mile radius from the property, which employ certified therapists who are capable of
handling the needs of the children. She further stated she has concerns with the information presented
on the Craigslist advertisement, as it contains pictures of children riding without helmets or proper gear.
She expressed her concerns regarding the amount of noise which will be generated by the event, as three
bands are scheduled to perform, and according to the application materials, only two power cords will
supply electrical power for the bands. She clarified she does not necessarily have concerns with the
parking; however, she does have concerns about the event in general. She further stated the insurance
quote attached to the application does not provide for medical payments to others, and only$100,000.00
in property damage to others; however, the surrounding properties are more valuable than the sum.
Len Pettinger,surrounding property owner,indicated his property is directly adjacent to the property utilized
by Mr. Lawrence, and he has experienced continued problems since Mr. Lawrence has begun operations
at the site. Following discussion between Mr. Pettinger and Mr. Lawrence, Chair Pro-Tem Masden
requested that the provided testimony be centered on the specifics of the application. Mr. Pettinger stated
he has experienced an increased amount of trash dumped onto his property from Mr. Lawrence, and he
has been requesting that Mr. Lawrence remove the trash for over a month; however, Mr. Lawrence
refuses. He stated the large amount of people expected to attend the event will create even bigger trash
problems at the site, and he is concerned that he will have no recourse in order to get his property cleaned
up. He indicated Mr. Lawrence refuses to keep his animals on the site, and he has had to chase the
animals on numerous occasions, and recently had to place them in a pen until Mr. Lawrence could come
retrieve the animals later in the evening. He stated many of the surrounding property owners are
experiencing the same concerns, and have provided letters for the record, and he indicated it has become
almost unbearable to live next to this site. He stated the application materials indicate a neighbor's pasture
and a half-mile of the County Road will be utilized for parking.
Cipriano Griego, surrounding property owner, indicated he has experienced problems with trash and
excessive traffic generated by the site of the proposed event, and he does not support the event, as it will
increase both items. He stated allowing the event to happen is not a wise decision, due to traffic safety
concerns along County Road 8, including emergency access to the site. He indicated the site is located
directly adjacent to the intersection of County Roads 39 and 8, and there is no room to park along the road.
He stated the horses on the subject property recently escaped and ran out into the middle of traffic, almost
Minutes, May 21, 2008 2008-1349
Page 5 BC0016
causing a collision in the middle of the road. He further stated the site is not the proper place to provide
a program for handicapped children, and it is not the proper place for such a large event, therefore, the
application should be denied. He clarified he is not against the desire of Mr. Lawrence to provide
recreational activities for the children; however, he has serious safety concerns regarding the site. He
stated horses can be dangerous animals and are unpredictable at times.
Cynthia Armstrong, City of Thornton resident, indicated she volunteers with the program coordinated by
Mr. Lawrence, and she believes it is a great program for the kids. She clarified she was on-site the day
the horses escaped from the property, since Mr. Lawrence had been admitted to the hospital for four days.
She indicated Mr. Lawrence sold his vehicle in order to provide the necessary funds for the event,
therefore,she gave him a ride home from the hospital and discovered the horses were not on the property.
She stated she does not understand how the horses could have escaped from the property since there
several gates which are kept locked. She confirmed Mr. Lawrence takes good care of his horses and
ensures they are fed well. She stated she understands the previous concerns presented regarding the
safety of the program; however, three to four adults surround each horse each time a child is riding, and
she confirmed the horses are very tame. She further stated her children have ridden the horses, and she
volunteers at the site almost every weekend. Ms. Armstrong indicated she supports the event as the
proceeds will be provided to a good cause. She clarified she is not aware of other places for disabled
children to ride horses; however, if they exist, the riding is most likely not free of charge like it is at
Mr. Lawrence's site. She further clarified her son has been classified as disabled, and she has seen the
joy on children's faces firsthand while volunteering at the site. There being no further testimony, the Chair
Pro-Tem closed the public input portion of the matter.
Mr. Lawrence clarified he believes the surrounding property owners may actually have complaints against
the rodeo arena which used to operate adjacent to the property. He indicated rodeo events were held
every weekend, and he reiterated his event is only for one day. He further clarified the disabled children
do wear helmets during rides; however, it is the prerogative of the parents to require helmets for
non-disabled children. He stated certified equine therapists, who volunteer their time, are on-site, and a
small fee is paid for the services as well. He clarified he believes some of the neighbors may be confused
about which animals are his because he does not own pigs, and he has been informed by several
neighbors that Mr. Pettinger was on his property several hours before the horses escaped. He further
clarified no vehicles will be parked along the side of the road, and a sufficient parking plan has been
provided. He indicated the auction, which takes place down the road, utilizes the road for parking on a
consistent basis, therefore, he does not understand why the neighbors have concerns regarding the
parking for a one-time event.
Commissioner Garcia stated it is commendable that Mr. Lawrence works with disabled children, and he
believes the event could be pulled off in a responsible and reasonable way; however, it does not appear
to have been presented that way to the Board. He stated he has concerns with the Craigslist
advertisement, since it is apparent the text of the advertisement was written by a promoter of the event,
therefore, he is led to assume the ad was written by the person who is responsible for collecting money
for the rental of booth or table space. He further stated he has serious concerns with the parking plan, or
lack thereof, and the safety issues presented by the Sheriffs Office should have been previously resolved.
He indicated the application materials were not adequately prepared in order to provide safety and security
to the people who will attend the event. He expressed his concerns regarding the issues mentioned by
the neighbors, and stated the Board often considers how the applicant works in conjunction with the
neighbors. He indicated it would have been a good idea for Mr. Lawrence to notify his neighbors of the
upcoming event, and invite them to attend or participate. He indicated he does not support approval of
the application.
Minutes, May 21, 2008 2008-1349
Page 6 BC0016
Commissioner Rademacher indicated the applicant did not allow sufficient time to put the application
materials together, and all of the issues should have been addressed within an earlier time frame so that
the event would not be left with insufficient infrastructure. He indicated he does not support approval of
the application.
Chair Pro-Tem Masden indicated his concurrence with the previous statements of the Board, and
expressed his concerns regarding the ownership of the property,the liability insurance,the parking issues,
and the size of the property. He indicated four acres is not conducive for an event of this magnitude. He
commended Mr. Lawrence for his charity work and his generosity for disabled children; however, this site
is not the proper venue for this event.
Commissioner Rademacher moved to deny said application. The motion was seconded by Commissioner
Garcia. In response to Mr. Lawrence, Mr. Barker indicated the event may technically take place without
the permit if less than 349 people attend the event. Mr. Lawrence indicated he intends to conduct the
event as planned; however, he will limit the number of attendees to 349 people. There being no further
discussion, the motion carried unanimously.
Chair Pro-Tem Masden issued a recess of the Board meeting in order to consider Docket#2008-42, for
applicant Sherry Lawley.
Chair Pro-Tem Masden reconvened the Board meeting at 9:50 a.m.
PLANNING:
CONSIDER REVOKING/REVERTING ZONING FOR PF #1043 - SHERRY LAWLEY: Brad Mueller,
Department of Planning Services, stated the applicant would like a chance to speak to the Board before
the revocation request is finalized.
Sherry Lawley, applicant, stated she would like to express why, after five years, she requested withdrawal
of her Final Plan application and the reverting of the zoning on the property. Ms. Lawley read the letter
she submitted, marked Exhibit A, into the record, detailing her concerns.
Commissioner Long expressed his appreciation to Ms. Lawley for presenting her letter. Commissioner
Rademacher concurred and indicated he was not a Commissioner in 2005; however, he has concerns that
a ditch company has obtained 175 feet of right-of-way. Ms. Lawley confirmed the amount of the
right-of-way is 175 feet, and stated she previously offered to provide additional land to the ditch company
in order for the requirement of right-of-way to be decreased; however,the ditch company refused her offer.
She stated she has tried to meet every demand of the ditch company, in order to attempt to obtain an
agreement, which she has never been able to obtain. She clarified her original projected cost was
approximately $110,279.00; however, after meeting all of the necessary requirements of the ditch
company, her expected cost now exceeds$350,000.00 for the seven-lot development. She further clarified
the expected costs do not include the amount recommended by the Department of Public Works for the
Off-Site Improvements Agreement. She stated she has already spent over $100,000.00 in impact fees
and other costs; however, she has no development to show for it.
In response to Mr. Barker, Ms. Lawley indicated she is requesting that the Board revert the zoning of the
property to the original zoning, unless the Board is willing investigate the possibility of removing some of
the rights of the ditch company and urban drainage requirements. She stated it was not her intention to
have to withdraw the Final Plan application; however, it is not economically feasible to continue to spend
money on the project since she will not be able to break even on the project. In response to Commissioner
Rademacher, Mr. Barker indicated the Board may withdraw the action taken regarding the withdrawal of
the Final Plan application, so that the application may be presented to the Board for consideration. He
Minutes, May 21, 2008 2008-1349
Page 7 BC0016
clarified if the zoning on the property is not reverted, the applicant could resubmit the Final Plan
application, and the requisite fees would not be charged again. He further clarified the Board could review
the requirements for an agreement with the ditch company. Commissioner Rademacher indicated he
would like to review the application since the applicant has invested a lot of time and money, and he would
like to address the ditch company's requirements. Commissioner Garcia indicated it would be within the
best interest of the applicant for the Board to review the ditch company's requirements. In response to
Chair Pro-Tem Masden, Mr. Barker stated it would be appropriate for the Board to make a motion to
continue the matter.
Mr. Mueller indicated the Department of Planning Services previously had discussion with the applicant
regarding the option of the Board considering the Final Plan application; however,the application has been
withdrawn, therefore, staff needs clarification from the applicant regarding the desire to move forward. In
response to Chair Pro-Tem Masden, Mr. Barker suggested the Board propose discussions between the
applicant, the Departments of Public Works and Planning Services, and the ditch company, and continue
the matter of reverting the zoning on the property for a minimum of thirty days. Mr. Mueller indicated a
work session discussing matters which could eventually be a part of the Final Plan application may not be
proper to take place outside of the hearing context. He stated that he previously indicated to the applicant
that the hearing for the Final Plan application was the proper time to discuss concerns; however, the
applicant indicated her desire to withdraw the application. He stated he believes the applicant may now
be wishing to change directions.
In response to Commissioner Rademacher, Ms. Lawley indicated she desires to continue with the Final
Plan application, and clarified when the matter was previously presented before the Board, she was under
the assumption that she was to provide a copy of the drainage plan to the ditch company; not that the ditch
company would be able to critique the plan and request modifications, as a Condition of Approval. She
stated she is willing to fence the development; however, the concerns of the ditch company have created
a very long, drawn-out process,which has created considerable costs. She gave a brief description of the
maintenance operations along the ditch, and she indicated her desire to be able to provide maintenance
along the ditch; however, the ditch company is requesting exclusive rights along the ditch. She clarified
she has always granted the company access to the ditch, even though the ditch company has tried to
restrict her ability to access the ditch. She further clarified she has met with the ditch company on multiple
occasions.
Mr. Barker suggested the Board continue the matter of the revocation of the zoning for a period of at least
30 days. He clarified the Board already accepted the request for withdrawal of the Final Plan application,
and if the applicant desires to move forward, she may request re-institution of the application, and the
procedural process for that request may be determined at a later date by the Board's action to reverse the
withdrawal action, allowing the applicant to resubmit the Final Plan application at no charge.
Commissioner Rademacher indicated a continuance of the matter for 30 days may not be sufficient time.
Mr. Barker indicated the matter will need to be continued to a date certain.
Mr. Mueller indicated clarification is necessary from the applicant regarding the desire to continue forward
with the Final Plan application, or whether the applicant will try to resolve the issues with the ditch
company, within the time frame of the continuance of the matter. In response to Mr. Mueller,
Commissioner Rademacher indicated the end result will be determined by whether the applicant is able
to resolve the issues with the ditch company. Mr. Mueller indicated the applicant will most likely not be able
to come to resolution within a 30-day time frame. In response to Commissioner Long, Mr. Barker
confirmed Robert's Rules indicate the Board may reverse the withdrawal of the Final Plan application at
the next regularly scheduled Board meeting; however, since the matter of the revocation of the zoning is
being continued, the Board may state that it reserves the right to reverse the decision of the withdrawal
of the Final Plan application at a later date, if it is the desire of the applicant. In response to Mr. Barker,
Minutes, May 21, 2008 2008-1349
Page 8 BC0016
Ms. VanEgdom confirmed the matter will need to be continued to a date certain, not a period of thirty days.
Ms. Lawley suggested the matter be continued for a period of approximately 60 days, and the Board
concurred. Upon conferring with Ms. VanEgdom, Commissioner Rademacher moved to continue the
matter to July 23, 2008, at 9:00 a.m., with the provision to reverse the withdrawal of the Final Plan
application at a later date, as described by Mr. Barker. Commissioner Garcia seconded the motion, and
it carried unanimously. (Clerk's Note: The Board approved the request of the applicant to withdraw the
request to revoke the zoning, and to reinstate the application for PF#1043, during the Board meeting on
July 14, 2008. A hearing date was set for August 6, 2008.)
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 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
cri r, WELD COUNTY, COLORADO
ATTEST: aG jai O, ,� ' ' it EXCUSED
in _
Willi m H. JerkeA, Chair
Weld County Clerk to the Boa . ./' �—t.!' ,, „� Robert D 7,7
BY: �ii i' 211%ice%� a _ /
Deputy Clerk t e :oard
5F. Garcia
David E. Long
EXCUSED DATE OF A ROVAL
Douglas Rademacher
Minutes, May 21, 2008 2008-1349
Page 9 BC0016
i
i
�.
i� I
I :j i
,
p �
:;4i�� �� {i,
� ��� � �i, �t ��
i�{� Si� �� �
� � � • �
' '£ T�je Gree�e� Inc�epenc�ence Stampec�e
� ���j� RecoynizestheCountv�of
�2�
! . ���J ����� �. /���� i� � '�� �
E��
+'�;
�� WR8R8AS, t�je 2008 Gree�ev� In�epen�ence Stavhpec�e is the Wor�c�'s
Largest 4th o f Ju�v� Roc�eo & Western Ce�e�ration f vom June 25 tyroug�j
Ju�v� 6� an�
.�i
��� WH8R8AS, the Countv� o f We��� Co�orac�o �jas been a goo� neighbor to
,�,
� ' Gvee�ev� ana a strong supporter o f the Stan�pec�e in t�je past� an�
; ,
t,tf'
'�" WHBRGGAS, t�je 2008 Gree�ev� Inc�epenc�ence StampeDe is ce�ebrating it's
86t�j Anniversarv� �ear� anc�
' WN8R8AS, this v�ear's concert �ineup inc�uaes such great ta�ent as Tim i
� McGraw�Josh Turner� Diamon� Rio� Kennv� Rogers & Poison� ana �
r
WR8R8AS, t�je stampe�e Cornmittee wou�a �i�e to invite t�je We�� Countv�
`� Comrnissioners an� Citizens to co��ect the Stampe�e experience an�
�° attenc� t�jis v�ear's ce�e�ration w�jic�j f eatures eig�jt Pro Ro�eos� f ive
` ' concerts� �emo�ition �erbv�� carniva[� para�es� f irewor�s ana other
� ? exciting events.
!_
N0W,Tft8R8F0R6� the 2008 Gree�ev� In�epenaence Stampe�e Comrnittee
proclaims Tues�av��Ju�v� r We�� Countv� �av� at t�je Gree�ev� ' EXHIBIT
#
In�epenaence Stampe�e. � ;
� 'c,�na�+
;
; ,
i
�
�
Hello