HomeMy WebLinkAbout20070179.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 15, 2007
TAPE #2007-01
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, January 15, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of January 10, 2007, as printed. Commissioner Masden seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on January 10, 2007, as follows: 1)Violation Hearings. Commissioner Masden 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 Jerke moved to approve the consent agenda as printed.
Commissioner Masden 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 $786,650.54
Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner
Jerke seconded the motion, which carried unanimously.
2007-0179
BC0016
®/ --1'3-per
OLD BUSINESS:
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES FORA CHANGE OF MANAGER AND
AUTHORIZE CHAIR TO SIGN -A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON (CON'T
FROM 1/8/07): Bruce Barker,County Attorney,stated there has been additional information received from
the Sheriff's Office regarding the applicant's arrests. He stated the first arrest was on Jan 9, 1997, and
the second arrest record has been sealed by the City of Evans. Pete Wagoner, Sheriff's Office, stated
there was not a record of the disposition of the arrest which occurred in 1997 due to the age of the case,
and the file was sealed on the second arrest, which was a third degree assault case. In response to
Commissioner Jerke, Mr. Wagoner stated first and second degree assaults are aggravated or felony
assaults, and a third degree assault is a misdemeanor or simple assault. Commissioner Jerke stated this
information is consistent with the information previously provided by the applicant. In response to
Commissioner Garcia, Josh Dimenco, applicant, explained he initially went under his biological father's
name and as an adult assumed his mother's maiden name. Commissioner Jerke moved to approved said
application and report of changes, and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OF A NEW DOMESTIC
WASTEWATER TREATMENT PLANT AND AUTHORIZE CHAIR TO SIGN - RESOURCE COLORADO
WATER AND SANITATION METROPOLITAN DISTRICT: Trevor Jiricek,Department of Public Health and
Environment, stated the application is for the waste water treatment plant which will serve the Pioneer
Community Development. He stated this is primarily a technical document and provided to ensure the
County is aware the plant is moving through the technical phase at the State Department of Public Health
and Environment. He stated staff recommends approval, with the Conditions of Approval provided in the
memorandum. Brad Mueller, Department of Planning Services, stated the first Condition of Approval
states the application is subject to successful re-zoning of the site, and the second Condition of Approval
states at the appropriate time either a Site Plan Review or a Special Use Permit will be processed through
the County. In response to Commissioner Masden, Mr. Mueller stated the location of the site is the
furthermost northeast corner of the Pioneer site. Further responding to Commissioner Masden, Mr.
Mueller stated there is a section of Box Elder Creek located northeast of Weld County Road 49,which the
site will discharge to,and applying for a Discharge Permit is part of the required process. He further stated
he has received the preliminary part of the permit application process, and the service area designated is
contingent on approval of the site application. In response to Commissioner Garcia, Mr. Jiricek stated the
reason the radius on the well map is one-mile is because that is the standard criterion selected for a new
facility with surface discharge. In response to Commissioner Jerke, Mr. Jiricek read the two Conditions
of Approval into the record. Commissioner Masden moved to approve said application with the Conditions
of Approval read into the record by Mr. Jiricek, and to authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER DEED OF DEDICATION FOR IMPROVEMENTS TO WCR 23 AND AUTHORIZE CHAIR TO
SIGN - ALICE PEHR: Leon Sievers, Department of Public Works, stated there is no documented
right-of-way on this road, and the owner, Alice Pehr, discovered the oversight. He stated Ms. Pehr is
dedicating 2.2 acres of right-of-way at no cost to the County. Commissioner Long stated a the County
should write a letter of thanks to Ms. Pehr. Commissioner Masden moved to approve said Deed of
Dedication and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDERAGREEMENTTO PROVIDE PROFESSIONAL CONSULTING SERVICES AND AUTHORIZE
CHAIR TO SIGN - MAXIMUS, INC.: Barb Connolly stated the Annual Cost Plan is sent to Maximus, Inc.,
which prepares the Actual Cost Document, and Maximus, Inc., has been preparing the document for
Minutes, January 15, 2007 2007-0179
Page 2 BC0016
approximately ten years at the same cost. She further stated the County uses the document to bill the
State for costs through the Department of Social Services, and the Department of Public Health and
Environment uses it when applying for grants. Commissioner Masden moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENTS TO HUMANS SERVICES COMMITTEE: Commissioner Jerke moved to
approve the appointment of Cornelia Dietz as the Mental Health representative to said committee, and to
reappoint Tom Denning as the Parent Policy representative, Bonnie Veik, as the Disabled Community
representative, and John Lee as the City of Greeley representative. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Garcia stated
he has worked with Milton Wedgewood, Dale McCall, Marilyn Liddell, Mary Freitas, and Ronnella Rissler,
and they have done an excellent job, and he moved to approve the appointment of Milton Wedgewood as
a Small Business representative, and to reappoint Dale McCall as the Education representative, Marilyn
Liddell as the Secondary Education representative, Mary Freitag as a Small Business representative, and
Ronnella Rissler as a Small Business representative. Seconded by Commissioner Masden, the motion
carried unanimously.
PLANNING:
CONSIDER ZONING PERMIT FOR A COMMERCIAL VEHICLE, ZPCV #0010 - FRED JACKSON:
Voneen Macklin, Department of Planning Services,stated the reason this item is before the Board is more
than 30 percent of the surrounding property owners are in opposition, specifically, 41 percent. No
representatives of Fred Jackson, applicant, were present. Charles Friedly, neighbor, stated he lives north
of Mr. Jackson and he does not enjoy speaking out against Mr. Jackson's application; however, he feels
it is necessary since Mr. Jackson has lived elsewhere from the property in question for the last two to three
years. He stated Mr. Jackson has a business hauling junk and it is an eyesore and a potential public
health hazard. He stated Mr. Jackson allows multiple recreational vehicles to park on the property for
months,without a variance, and the current occupant has a recreational vehicle, a pick-up truck, a tractor,
a boat with a trailer, another trailer with two kayaks on it, and a camper shell on the property. He further
stated he believes Mr. Jackson is accepting rent for storage of the items. Responding to Commissioner
Rademacher, Mr. Friedly stated there are refrigerators, which may leak freon, and tires ,which may attract
rodents on the property. Responding to Commissioner Masden, Mr. Friedly stated there has been
someone living in the recreational vehicle for almost one year, and there is a propane tank hooked up to
it. In response to Commissioner Jerke, Mr. Friedly stated there are not any deed restrictions indicating
commercial purposes are allowed in the subdivision, it is zoned agricultural, and his family moved there
to garden and raise chickens; however, they did not anticipate a commercial operation in the
neighborhood, and he is unaware of anything in the covenants which support commercial operation. Joan
Bogan,neighbor,stated she has lived in the subdivision approximately 32 years,and she moved there with
the understanding residents were not allowed to have anyone other than family members work for them.
She further stated she objects to Mr.Jackson's application for a permit because the subdivision has always
been a quiet residential area, and his business involves burning materials behind the property which
produces smoke. In response to Chair Long, Bethany Salzman, Department of Planning Services, stated
on October 13, 2006, a letter was sent to Mr. Jackson scheduling a violation hearing for
November 14, 2006; however, on the Monday before the hearing Mr. Jackson submitted an application
for a zoning permit for a commercial vehicle and a home occupation application for a home business. She
further stated following speaking with the Department,the recreational vehicle was covered with a tarp and
is no longer occupied. She stated registration for the vehicles on the property have been presented to
her. She stated it has been brought to her attention there is a large pile of debris behind the recreational
vehicle consisting of motor vehicle parts, and the home occupation application has been returned due to
insufficient information being provided; therefore, she will be scheduling a violation hearing. In response
Minutes, January 15, 2007 2007-0179
Page 3 BC0016
to Chair Long, Ms. Salzman stated the house on the property is occupied as the only dwelling unit
currently, and it is the owners recreational vehicle on the property. She further stated Mr. Jackson was
residing in the recreational vehicle and moved into the house in response to her letters. In response to
Commissioner Masden, Ms. Salzman stated she is only aware of one recreational vehicle on the property
and owner admitted he was living in it, and he vacated it and covered it with a tarp after he was told he
could not live in it, and she has received no reports indicating he is still living in the recreational vehicle.
Responding to Chair Long, Ms.Salzman stated an individual may possess one commercial vehicle without
a permit if not in a subdivision, and this application process is the route to pursue having one when in a
subdivision. Commissioner Jerke stated there are expectations from those residing in the subdivision,and
moved to deny said permit. Commissioner Masden concurred with Commissioner Jerke, and seconded
the motion. Commissioner Garcia stated he would have preferred to have heard from Mr. Jackson and
thanked the neighbors for their input today. Commissioner Rademacher stated commercial vehicles may
be in violation of the Home Owner's Association rules, and if this is correct, the matter could have been
handled through the Home Owner's Association. Chair Long stated it is troubling when people try to take
advantage of a situation by using their land as a repository since it encumbers the area and diminishes the
value of property in the area. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLORADO
ATTEST: f J ' - oo �/��,/``+� IE
�` '� / ��'v� _ David E. Long, Chair
Weld County Clerk to the Boar. isoBY:
' Willia e, ro-Tem
Deputy erk to the Board ��� N q'
W ' m F. Garcia
Robert D. Masden_
you las R dem er
Minutes, January 15, 2007 2007-0179
Page 4 BC0016
Hello