HomeMy WebLinkAbout20082226.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 18, 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, August 18, 2008, 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 William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern - EXCUSED
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
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of August 13, 2008, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on August 12, 2008, as follows: 1) Violation Hearings; and on August 13, 2008: 1)
Show Cause Hearing re: USR #1602 - Brad and Scott Cockrofts Dairy, LLC. Commissioner Long
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 Rademacher moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,305,908.59
Commissioner Rademacher moved to approve the warrants as presented by Ms. Connolly. Commissioner
Garcia seconded the motion, which carried unanimously.
2008-2226
BC0016
Oct off--O
BIDS:
PRESENT CUSTODIAL SERVICES FOR SOUTHWEST AND SOUTHEAST WELD SERVICES
BUILDINGS BID-DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Connolly read the names of the
eight vendors who submitted a bid into the record. Said bid will be considered for approval on
September 3, 2008. In response to Chair Jerke, Ms. Connolly indicated the prices listed for each vendors
are monthly costs. She confirmed the bid award will be for a one-year contract, with the option to renew
the contract for up to two years. Responding to Commissioner Garcia, Ms. Connolly indicated the percent
increase will be the amount that the first year contract price will increase for the second and third years
of the contract.
APPROVE CONCRETE MAINTENANCE AND REPAIR BID - DEPARTMENT OF PUBLIC WORKS:
Ms. Connolly indicated concrete repair work will be completed within the Elms at Meadowvale Subdivision
and at the Household Hazardous Waste Facility within the City of Greeley. She stated staff recommends
acceptance of the low bid from Northstar Concrete, in the amount of $28,460.00. She indicated Weld
County has not previously had direct experience with Northstar Concrete; however, many other entities
have provided positive referrals and recommendations. In response to Chair Jerke, Ms. Connolly
confirmed the bid amount covers the costs of the necessary work at both locations. Chair Jerke indicated
he is pleased that many other public agencies have utilized Northstar Concrete with satisfactory results.
Commissioner Rademacher moved to approve said low bid, based upon staff's recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
OLD BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - VIPER 2, INC., DBA BORDERLINE (CON'T FROM 07/28/08): Bruce Barker, County Attorney,
stated the matter was continued from the meeting on July 28, 2008, in order to obtain additional
information from the Colorado Liquor Enforcement Division, concerning issues at the establishment.
Brian Small, Criminal Investigator, Colorado Liquor Enforcement Division, indicated Mr. Barker requested
that he discuss the concerns which arose following an inspection completed by Deputy Mike Ornelas of
the Sheriffs Office, with respect to gambling which was allegedly occurring on the premises. He stated
the operator of the establishment, Kimberly Chavez, contacted him after the inspection was completed,
to discuss the three main concerns noted by Mr. Ornelas during his inspection, including a closed and
locked room not available for inspection, food service requirements, and gambling on the premises.
Mr. Small confirmed Ms. Chavez indicated that the kitchen was operated through a contract service,which
had recently terminated its lease and vacated the premises. He explained the food service requirements
to Ms. Chavez, indicating that providing pre-packaged frozen foods, such as frozen burritos and hot
pockets,would be acceptable for this establishment, and Ms. Chavez indicated she would take care of the
situation and immediately begin providing food items. He further stated the main concern was regarding
the indication of poker games held at the establishment on Saturday nights. He clarified after discussing
the issue with Ms. Chavez, he has determined that the poker games are conducted in a manner
considered to be exempted through a bona fide personal relationship of all of the players of the game. He
indicated he informed Ms. Chavez that the establishment may not make financial gain from the play of the
poker games, and every player must know all of the other players in a realm outside of the gambling
relationship, which she confirmed to be true. He clarified the poker games are held during a time when
the establishment is closed for public business, and all of the players are personal friends of the
establishment operator, therefore, the gambling is allowed through the exemption previously discussed,
and his concerns regarding the gambling on the site have been alleviated. He stated he advised
Ms. Chavez that due to the concerns discussed, a follow-up inspection will be conducted at which time full
access must be granted to all areas of the establishment during the inspection. He summarized that
policies have been enacted by the establishment to address all of the concerns noted during the previous
inspection.
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Page 2 BC0016
In response to Chair Jerke, Mr. Small described the evaluation of the relationship of the individual
gamblers,which must be established prior to engaging in gambling activities. He indicated,as an example,
that if he were to approach the gambling group as an "outsider" and were allowed to participate in the
gambling,then the gambling would become illegal,since the outsider does not have a personal relationship
with all of the other players in some realm outside of the gambling activities. He further indicated many
poker clubs will usually try to circumvent the rules by holding an introduction night before gambling
activities begin; however, a personal relationship between the players outside of the gambling still does
not exist, therefore, the gambling would still be considered illegal. In response to Commissioner Garcia,
Mr. Ornelas testified that he has not been able to determine what was in the locked room since he has not
been able to gain access to the room. Mr. Small clarified after speaking with Ms. Chavez, he is
comfortable that the locked room only contained the implements for the poker games, and that no other
illegal storage was occurring at the establishment. Mr. Ornelas confirmed he was given the indication that
the room did not contain anything other than poker tables.
In response to Chair Jerke, Dean Chavez, establishment co-owner, stated the locked room contains the
elements for the poker games, as well as various utensils and glasses. He clarified the general manager
does have a key to unlock the room, and the room has been made accessible to all employees following
the last inspection reports. Further responding to Chair Jerke, Mr. Chavez indicated the facility has been
licensed for three years through his ownership. No public testimony was provided concerning the matter.
Commissioner Rademacher moved to approve said application and authorize the Chair to sign. The
motion was seconded by Commissioner Garcia and it carried unanimously.
NEW BUSINESS:
CONSIDER NINE ADDENDUMS TO AGREEMENT TO PURCHASE GROUP HOME/GROUP CENTER
CARE SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego,
Director, Department of Human Services, stated the addendums are for a period of July 1, 2008, through
June 30, 2009, and the indicated the names of the providers, the types of services provided, and the daily
reimbursement amounts for the record. Commissioner Garcia moved to approve said addendums and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER SIX PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreements are on behalf of the Head Start
Program, and she read the names of the vendors, the services provided, the terms, and the maximum
reimbursement rates into the record. Chair Jerke indicated the term of the agreement for the Olathe
Medical Clinic is incorrect, and Ms. Griego confirmed the memorandum contains a typo, and the term is
correctly stated as June 9, 2008, through October 31, 2008, within the text of the agreement.
Commissioner Rademacher moved to approve said agreements and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
GREELEY COUNSELING CENTER: Ms. Griego stated the Greeley Counseling Center will provide case
consultation and training to the Department, as requested, for a term of August 1, 2008, through May 31,
2009. She indicated the reimbursement amount shall not exceed $10,000.00, and the source of funding
is through Child Welfare Administration. Commissioner Long moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451 WITH
VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Memorandum defines
the roles and financial contributions of each of the agencies involved within the collaborative effort. She
stated the operating agreement also includes the planning goals, membership, decision making process,
and guidelines for communication among the agencies. Commissioner Long stated this is the fourth year
Minutes, August 18, 2008 2008-2226
Page 3 BC0016
of the collaborative system,there has been great growth in regards to target populations and identification,
and the County has been working with the State regarding implementation of evaluation processes. He
indicated the formula to calculate the ability to receive funds has been modified, and the County is part of
the State work group to develop evaluation criteria. He stated the evaluation measures will strive to
provide flexible ability to spend incentive funds, as changes are being experienced within the target
populations. He further indicated certain programs are able to reduce costs in order to reinvest funds into
other programs, which creates a prevention strategy and changes the way the State has done business.
Commissioner Long indicated there are now over 30 counties involved within the effort, up from seventeen
Counties last year,therefore, some of the incentive funds have been further divided; however, it is positive
to have more Counties involved in collaboration. He indicated positive partnerships are being created with
partnership agencies, as well as well within communities. Commissioner Long moved to approve said
memorandum and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher.
Commissioner Garcia indicated Weld County School District 6 is a collaborative member, and he
expressed his desire for other school districts within the County to participate within the collaboration since
it is beneficial to keep children in school,which in turn increases test scores, etcetera. Commissioner Long
confirmed the hardest part of the collaboration effort is with the school districts, since there are so many
different systems to integrate, and the present structure at the State makes it difficult to work together.
He clarified Weld County is making progress, and other school districts are able to join the collaboration
for the first time. Chair Jerke indicated that he was unaware that the collaboration was not a State
mandate, rather, that it is permissive by the Counties. Commissioner Long confirmed collaboration
participation is permissive by each of the Counties, which came about through two bills: House Bill 1200,
which was mandatory and did not get approved by the Committee, and House Bill 1451, which was
approved, making the process permissive and providing local control. He clarified there are mandatory
partners within the organizational structure of the collaboration, including health, education, mental health,
and judicial. There being no further discussion, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR SCHOOL SUPPLY PROGRAM AND
AUTHORIZE CHAIR TO SIGN-UNITED WAY OF WELD COUNTY: Ms. Griego stated the memorandum
establishes a collaborative effort of collecting and distributing school supplies throughout Weld County
schools. She indicated the school supplies will be given to children from low-income families, as well as
children within foster homes, to provide the necessary items for the school year. She stated the total
reimbursement amount will not exceed $50,000.00, through Colorado Works funding. In response to
Commissioner Rademacher, Ms. Connolly indicated there will be no Weld County match. Responding to
Chair Jerke, Ms. Griego clarified the funding is provided through the Colorado Works Program, which is
facilitated through Temporary Assistance for Needy Families (TANF). She stated the school supply
program has been done in previous years; however, this is the first year for collaboration with United Way
of Weld County. She clarified United Way will utilize personnel to do the actual work, so that the
Department of Human Services staff does not have to provide administration of the program. She further
clarified no funds will be utilized for administrative costs, rather all of the funds will be utilized strictly for
school supplies. Commissioner Long moved to approve said memorandum and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR 2009 LAW ENFORCEMENT ASSISTANCE FUND(LEAF)GRANT AND
AUTHORIZE CHAIR TO SIGN: Paul Wood, Sheriffs Office, stated this application requests 2009 LEAF
Grant funds, which are utilized to combat impaired driving by providing overtime pay for officers to
complete sobriety checkpoints throughout the County. In response to Commissioner Long, Mr. Wood
indicated the LEAF Grant is awarded in cycles of three years, and 2008 was the mandatory sit-out year
for Weld County, therefore, the 2009 funds are the first request for the next three-year cycle. He further
stated the request has been successful in past years, and confirmed the funds are utilized to pay overtime
salary for officers, including cooperation with other officers which are members of the Weld County DUI
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Task Force. Commissioner Garcia moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR INSTALLATION OF PORTION OF PERIMETER FENCE AND
AUTHORIZE CHAIR TO SIGN: Mike Reisman, Greeley-Weld County Airport, stated the airport was
originally supposed to receive a grant, in the amount of$300,000.00,for perimeter fencing and a pavement
maintenance program; however, Congress failed to authorize the full 2008 budget of the Federal Aviation
Administration (FAA). He indicated grant amounts to most of the airports throughout the nation were
previously cut back; however, Congress has since authorized the budget, therefore, this grant agreement
contains the additional funds which were previously cut. He indicated the agreement provides funds in the
amount of$38,760.00, to bring the total amount of grant funds received by the airport to$300,000.00, and
the match of funds, in the amount of $969.00, was a part of the original budget request for 2008.
Commissioner Rademacher moved to approve said grant agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR JOINT FUNDING FROM BUREAU OF
JUSTICE ASSISTANCE AND AUTHORIZE CHAIR TO SIGN-CITY OF GREELEY: Mr. Barker stated the
memorandum has been approved by the City of Greeley, and funds from the Federal government,
distributed by the State of Colorado, will be divided between the Sheriff's Office and the City of Greeley
Police Department (GPD). He clarified the GPD will initially receive the total grant award, in the amount
of$24,368.00, and will provide a portion of the funds to the Sheriffs Office, in the amount of $8,122.67.
He stated Sheriff John Cooke has authorized the memorandum and the funds will be utilized to purchase
equipment to enhance public safety. Responding to Chair Jerke, Mr. Barker stated he is not aware of a
specific deadline for approval of the memorandum, and a similar memorandum has not been presented
to Weld County in the past. Chair Jerke indicated he would prefer to discuss the matter within a work
session, with representatives of the Sheriff's Office present to provide information. Following discussion
among the Board, Commissioner Garcia moved to continue the matter to August 25, 2008, at 9:00 a.m.
Seconded by Commissioner Rademacher, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER REVOCATION/SUSPENSION OF RETAIL FOOD ESTABLISHMENT LICENSE - THE
ARMADILLO RESTAURANT: Dan Joseph, Department of Public Health and Environment, stated at the
hearing on July 16, 2008, the Board instructed the Department to perform additional inspections before
today's hearing date,therefore,two inspections were conducted on August 7,and August 12. He indicated
the restaurant was cited for five critical violations during the first inspection, including cold hold violations,
the original critical violation which prompted the hearing before the Board; however, during this inspection
only one item was improperly thawing, and only a portion of a cooler was holding at an unacceptable
temperature. He confirmed the violations have been reduced in quantity from previous inspections. He
stated an inspector from the City of Greeley was also present during the first inspection,to inspect an area
where the sewer line pump is located, and the area was determined to be out of compliance and a new
citation was issued since the lid, utilized for venting purposes, is missing. Mr. Joseph indicated at the
second inspection,the only critical violation cited was regarding the septic area,and staff understands that
it will take time for the establishment to have the proper parts installed. He further stated several
non-critical violations were also cited during the second inspection, including leaks in the ceiling within the
dining area; however, the outstanding non-critical violations from the July 14 inspection had been
adequately addressed. He stated the Department recommends continuing the matter for a period of three
to six months, in order to observe the continued compliance of the establishment, and requests that the
establishment be required to provide temperature logs charts for the refrigeration units on a weekly basis,
provide cooling logs of food products on a weekly basis, repair the sewer pump area within the timeline
submitted, and have additional staff attend a food safety training, including Spanish speaking employees.
Minutes, August 18, 2008 2008-2226
Page 5 BC0016
Commissioner Long indicated he understands the Department is requesting that the matter be continued;
however, he would like to ensure that the health of the public is no longer in eminent danger. In response,
Mr. Joseph indicated the sewer issue is a fairly serious concern, as open sewer waste is present within the
facility; however,the sewer has not backed up. He further stated the cold holding temperatures have been
corrected, and the facility staff are working to cool foods properly; however, staff is requesting the logs be
submitted in order to ensure the facility continues to remain in compliance. Further responding to
Commissioner Long, Mr. Joseph stated the sewage pump is located within the kitchen area, in very close
proximity to the dishwasher, therefore, it constitutes a substantial concern. He indicated the sewer issues
are expected to be resolved by the end of the month by installing a lid and venting the system to the
outside. Chair Jerke indicated the Board has now been presented with two separate issues, including a
basic food safety issue, which is a management issue, and now a sewer issue, which has not been
resolved.
In response to Chair Jerke,Jerry Schott, Manager for the Armadillo Restaurant, clarified the establishment
first received notice of the sewer issue during the two most recent inspections. He indicated the
establishment receives building inspections approximately once per year, and the sewer issue has never
been brought up before. He clarified the sewer lines within the basement must be pumped up into the
main sewer lines, which has been the process the entire time the establishment has been located within
the building. Responding to Chair Jerke, Mr. Joseph clarified the previous plumbing problem at the facility
was concerning the mop sink, which contained standing water. Mr. Schott confirmed a plumber repaired
the sink, replacing an anti-siphon valve. In response to Commissioner Garcia, Mr. Joseph confirmed the
first discussion regarding the sewer pump issue was during the August 7 inspection. Mr. Schott indicated
the establishment has made major improvement within the past 30 days, and he can provide cooling logs
to the Department. Mr.Joseph indicated staff is requesting that the facility staff continue to update the cold
holding logs as well, since additional cold hold violations were cited. Mr. Schott indicated he will continue
to emphasize correct procedures to his staff members, and confirmed the past week has been a significant
improvement over previous weeks. He indicated the upstairs service station, which was dilapidated, was
completely redone with stainless steel by the Coca-Cola Company, and he reiterated the establishment
is placing a large amount of effort trying to stay in compliance. In response to Chair Jerke, Mr. Schott
stated he has had several contractors come to view the sewer pump issue at the establishment, and the
contractors have indicated the fix will require fabricated parts, as the hole is too large for conventional
parts. He gave a brief description of the area to be fixed and indicated the time line to complete the project
may have to be extended due to the complicated nature of the solution.
Commissioner Long indicated he understands the complications the establishment is facing regarding
providing an adequate solution for a long-standing problem, and he inquired what steps could be taken
to protect the health of the public. Mr. Schott confirmed a temporary cover has been installed, of which
he displayed a photograph to the Board, and indicated the City is requiring that he provide a permanent
solution which will pass building inspections. Responding to Commissioner Long, Mr. Schott indicated the
sewer pump area is located within a separate room, underneath a stairwell, within the kitchen area.
Further responding to Commissioner Long, Mr.Joseph indicated the temporary cover is satisfactory to the
Department, as long as a permanent solution is provided within a timely manner. Chair Jerke indicated
the Armadillo Restaurant has been operating within Weld County for almost twenty years, and he is not
convinced that the sewer issue has presented any type of health-related issue to the public. No public
testimony was provided regarding the matter.
Chair Jerke indicated he initially preferred to dismiss the issue of revocation and/or suspension of the
license; however, he now desires to hear an update regarding the sewage pump solution in approximately
one month's time. He stated he does not agree with the Department's suggestion that staff at the
establishment record temperature logs, since it leads to an excessive amount of micro-management.
Commissioner Rademacher indicated he prefers to dismiss the matter,since the sewer has been operating
Minutes, August 18, 2008 2008-2226
Page 6 BC0016
in the same manner at the establishment for close to twenty years, and there have never been any health
problems. He confirmed the establishment is working to correct the problem, and he is confident that the
Department will provide the necessary follow-up. He indicated if serious violations begin occurring at the
establishment again, another violation case can be brought before the Board for action. Commissioner
Garcia indicated he preferred that the establishment be inspected again in approximately six weeks, and
if the sewer situation is resolved, that the Department dismiss the matter administratively. Chair Jerke
indicated if the matter is continued, the Board will have to make the determining vote regarding dismissing
the suspension. Mr. Barker confirmed if the suspension is dismissed, the Department may initiate another
violation should serious concerns arise in the future. Chair Jerke indicated he prefers to dismiss the
matter. Commissioner Long indicated he does not support a dismissal of the matter since the Board has
the charge to protect the health, safety, and welfare of the public, therefore, he would like to hear the
update regarding the permanent solution. He indicated he trusts that the establishment will make all the
necessary changes; however, it is more logical to continue the matter in order to receive a final update.
Mr. Barker clarified a continuance of the matter will continue the abeyance of the remaining six (6) day
suspension period. Upon confirmation from the Acting Clerk to the Board, Commissioner Long moved to
continue the matter to September 29, 2008, at 9:00 a.m.,with the instruction that the remaining six(6)day
suspension period continue to be held in abeyance until the date that the matter is reconsidered by the
Board. Seconded by Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR PRE-ADVERTISEMENT OF AMUSR#1614-SEM CRUDE, LP: Kim Ogle,
Department of Planning Services,stated the applicant's representative has requested a pre-advertisement,
indicating in a letter that the reason for the request is due to the construction schedule in order to have the
facility operating in September, 2008. He indicated the facility is part of the pipeline process which will
deliver product to Cushing, Oklahoma. He stated the Planning Commission hearing is scheduled for
October 21, 2008, therefore the Clerk to the Board's Office has indicated the earliest the Board may
consider the application is November 5, 2008, and the Department of Planning services recommends
approval of the pre-advertisement request. Chair Jerke indicated he is favor of granting the request;
however, he is unsure why the Planning Commission hearing will not be held until October21. In response
to Chair Jerke, Julie Cozad, TetraTech, represented the applicant, and indicated a complete application
was submitted to the Department on July 25, 2008, and she was informed that the referrals would be
received back by the Department by the end of August, 2008. She indicated she is unsure why the hearing
date is almost sixty days from when the referrals are expected to be received. She clarified the
amendment is a small change to the application already approved, and the pipeline will be in place and
operating by the end of September, 2008. She indicated the amendment will provide for an oil polishing
facility, which will separate the oil and water before the product is stored in tanks or transported through
the pipeline. Chair Jerke indicated he is bothered that it will take such a long time to have the matter heard
before the Planning Commission, and he confirmed he desires to allow the applicant to speed up the
process in order to begin pipeline operations. Responding to Commissioner Long, Mr. Ogle indicated
Jacqueline Hatch is the designated planner for the case, and he can make a request to see if the case may
be heard at an earlier Planning Commission date. Commissioner Long indicated he is in favor of granting
the request; however, he would like to see the Planning Commission date happen earlier. In response to
Commissioner Long, Ms. Cozad confirmed the applicant will be ready to present the case at any time. She
clarified she has not been able to view the response comments from the various agencies; however, she
does not expect any major concerns since this is a minor amendment. Chair Jerke indicated he prefers
for the Planning Commission to review the matter in September, 2008, since it is in the best interest of the
oil and gas business, the applicant, and the residents of Weld County. Commissioner Garcia indicated
approval of the pre-advertisement request will set the Board's hearing date as November 5, 2008,
therefore, he would like to ensure that the applicant has the flexibility to present the matter to the Board
at an earlier date should the Planning Commission be able to review the case at an earlier date.
Commissioner Rademacher concurred that the process seems extremely long in this instance. Mr. Barker
Minutes, August 18, 2008 2008-2226
Page 7 BC0016
recommended the language within the Resolution be modified to set the date as November 5, 2008, at
10:00 a.m., or an earlier date, if the Planning Commission hearing is set for an earlier date, and the Board
concurred with the modified language. Commissioner Garcia moved to approve said request, and set a
hearing date for November 5, 2008, with the provision of the modified language as presented by
Mr. Barker. Seconded by Commissioner Rademacher, the motion carried unanimously. (Clerk's Note:
Planning staff determined that an earlier Planning Commission date could not be accommodated,
therefore, the hearing date will remain as November 5, 2008.)
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED SITE PLAN REVIEW,
AMSPR #187 - WRIGHT INVESTMENT GROUP, INC.: Mr. Ogle stated a letter was received from the
applicant, requesting full release of collateral. He indicated three inspections were conducted at the site,
and staff has determined that the required improvements have been completed, therefore, release of the
collateral, in the amount of$27,000.00, is recommended. In response to Chair Jerke, Mr. Ogle indicated
the site is located north of the City of Fort Lupton, north of County Road 14.5, east of U.S. Highway 85,
and south of the La Maravilla restaurant. Commissioner Garcia moved to approve said cancellation and
release. Seconded by Commissioner Rademacher, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2008-8, IN THE MATTER OF
REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTERS 2 ADMINISTRATION,23 ZONING,
24 SUBDIVISIONS, AND 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE:
Commissioner Garcia moved to read Ordinance #2008-8 by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously. Mr. Barker read said title in the record. Brad Mueller,
Department of Planning Services, stated the first reading of the Ordinance was completed on July 21,
2008, and the Ordinance modifies the current land use process. He indicated letters have been sent out
to the development community, inviting discussion at the Board meetings, or to provide any comments
regarding the various changes to the land use process; however, no feedback has been received at this
time. He indicated several people have requested a copy of the proposed changes, which is a positive
sign that members of the development community are generally on-board with the proposed changes. He
indicated the only change on second reading is the recommendation of the Board to modify the language,
indicating neighborhood meetings are not required, but may be "suggested" by staff, in place of the word
"recommended." He clarified the changes to the land use process were initiated in November,2007,when
feedback was received from members of the development community, and in March, 2008,the matter was
presented to the Planning Commission.
In response to Chair Jerke, Mr. Mueller indicated he is not aware of the particulars of the case previously
referenced within the meeting, requesting pre-advertisement; however, the case appears to be unusual,
and the goal of the new process is to make the application process more user-friendly overall. He
explained that staff will work with the applicant to determine the best date; however, staff must allow time
to receive referral responses. He clarified within the new process, approximately 90 percent of cases will
have a Board hearing date set at the same time the Planning Commission date is set, therefore, most of
the upcoming cases will be heard by the Board within two to four weeks of the Planning Commission date.
He further clarified the newer process may entirely eliminate the need for pre-advertisement requests, and
staff considered deleting the reference to the pre-advertisement process; however, it was determined that
language was necessary within the Code to explain the pre-advertisement process, since it is currently not
referenced. He explained that currently staff sets the Planning Commission date upon receipt of the
completed application; however, the Board meeting is not set until after the Planning Commission hearing
is completed. He reiterated it is hopeful that there will not be a need for pre-advertisements in the future;
however, the change to the language within the Code strengthens a deficiency. Responding to
Commissioner Rademacher, Mr. Mueller stated the Department typically requires 28 days to receive
referral responses from other agencies,and many surrounding municipalities require 35 days. He clarified
many State agencies require a minimum referral response time of 28 days, therefore, 28 days is the
Minutes, August 18, 2008 2008-2226
Page 8 BC0016
standard response time for the Department. Chair Jerke indicated he realizes the previously mentioned
pre-advertisement request for Sem Crude is a minor amendment to a permit; however, many other land
use applications will require the full 28 days to receive referral responses, since it is difficult for outside
agencies to provide timely comments for large subdivisions, etcetera. Tom Honn, Director, Department
of Planning Services, stated the modified process is intended to accelerate the end result of the application
process, including satisfaction of the Conditions of the Approval, so that a plat may be recorded within a
timely manner. He clarified in the event that an applicant would like to request a pre-advertisement, the
request may be accommodated within the new process; however, he anticipates that the request will be
infrequent. He indicated the intention of the new process is address outstanding issues before the
application is heard by the Board. No public testimony was provided concerning the matter.
Commissioner Rademacher moved to approve the second reading of Ordinance#2008-8. Seconded by
Commissioner Garcia, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-8 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.
There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
. ,4 WELD COUNTY, COLORADO
•ATTEST: Lil
Ito C lttze William H. Jerke, Chair
Weld County Clerk to the Bo rti 4r
�. , tiee'-`4% EXCUSED
Robert D. Masden, Pro-Tem
Dep Clerk the board
Willa F. Garcia
David E. Long
r
o glas ademac er
Minutes, August 18, 2008 2008-2226
Page 9 BC0016
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