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Home My WebLink About20061346.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 15, 2006 TAPE #2006-19 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 15, 2006, 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 M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Jenny Luna Controller, Barb Connolly MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of May 10, 2006, as printed. Commissioner Masden seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE:Commissioner Vaad moved to read Code Ordinance#2006-5 by tape. Commissioner Masden seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on May 9, 2006, as follows: 1)Violation Hearings; and Hearings conducted on May 10, 2006, as follows: 1) USR#1547-Charles and Penny Myers III; and 2)AMPF#354-James and Cheri Scott, c/o Todd Hodges Design, LLC. Commissioner Jerke 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 Masden moved to approve the consent agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. PROCLAMATIONS: NATIONAL POLICE WEEK: Chair Geile read the certificate into the record, proclaiming the week of May 15, 2006 as National Police Week. 2006-1346 BC0016 es-3/ -o(o COMMISSIONER COOK INATOR REPORTS: There were no Commissioner Coordinator Reports. WARRANTS: Barb Conn lly, Controller, presented the following warrants for approval by the Board: All Funds $788,544.90 Electronic Transfers - All Funds $2,010.90 Commissioner Jerke moved to approve the warrants as presented by Ms. Connolly. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP REQUEST FOR HOTEL AND RESTAURANT LIQUOR LICENSE FROM RAFFERTY'S,INC., DBA RAFFERTY'S TO 5990, LLC, DBA RAFFERTY'S AND AUTHORIZE CHAIR TO SIGN: Bruce Barker,County Attorney,stated the Department of Public Health and Environment previously had concerns regarding the septic system and the retail food license; however, the concerns have been resolved, and approval is recommended. In response to Commissioner Jerke, Wayne Crabtree, applicant, stated the current building will remain, and the surrounding land will be developed by Summit Construction. Steve White, applicant, stated the development completed by Summit Construction will encompass Rafferty's, and the restaurant will soon be connected to the public sewer system. He stated the facility is located on the boundary line of the City of Greeley,and the City is requesting that an annexation agreement be completed. He stated the restaurant will be remodeled within the next five years,and the remodeled building will be similar in appearance to the new buildings to be built in the area. In response to Chair Geile, Richard Miner, applicant, stated he has been a business owner in the Greeley area for the past 18 years, and has previous experience within the restaurant field. Mr. Crabtree stated he has worked at Rafferty's for the past five years,and he is familiar with the procedures of the restaurant. He stated he also has previous employment experience within nightclub establishments in Houston, Texas. In response to Chair Geile, Mr. Crabtree stated he has completed several training courses regarding alcoholic beverage service,and he is knowledgeable about concerns such as over-serving, serving to minors, etcetera. Mr. White stated he has been partners with Mr. Miner in real estate development for over ten years. He stated Mr. Crabtree has proven to be a responsible manager overseeing the operations of the bar and restaurant. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE CHAIR TO SIGN-5990, LLC, DBA RAFFERTY'S: Mr. Barker stated the dance license will be effective for calendar year 2006,and approval is recommended. Mr.Crabtree stated Rafferty's will hold dances only on Wednesday, Friday,and Saturday evenings. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. (Changed to Tape #2006-20). CONSI DER APPOINTMENT TO BOARD OF PUBLIC HEALTH: Commissioner Jerke moved to appoint Robert Guthmann to the Board of Public Health, as the at-large representative, with a term to expire May 23, 2009. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, May 15, 2006 2006-1346 Page 2 BC0016 FIRST READING OF ORDINANCE#2006-5, IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 1 GENERAL PROVISIONS,CHAPTER 2 ADMINISTRATION,APPENDIX 6-A, CHAPTER 9 INFORMATION SERVICES,AND CHAPTER 14 HEALTH AND ANIMALS,OF THE WELD COUNTY CODE: Mr. Barker stated the mid-year supplement date, under Section 1-3-70,will be modified from April 1, to March 1, and the end-of-year supplement date will be modified from October 1, to September 1. He stated the change of dates allows for extra time to submit Code supplements to the publishing company. He further stated Section 2-1-50 will be modified to state that all tapes will be retained a period of seven years, plus the current year,and may be destroyed by Clerk to the Board staff after that time period. He stated Section 2-1-120 will be modified to include the Delegation of Authorities previously authorized by the Board through Resolution. Mr. Barker stated a typo will be corrected in Chapter 6 Law Enforcement, and the fine for speeding under Section 1101(1)will state "20-24 MPH over Prima Fade Limit." Anita Scrams, Director of ACS, stated Chapter 9, Information Services,will be modified to ensure compliance with HIPAA regulations, specifically who may have access to the computer room and wiring closets. She stated the modifications will also specify that back-up tapes will be stored at the Southwest Building, in a secured area with proximity card access and camera observation. Mr. Barker stated a modification will also be to Chapter 14, Health and Animals, regarding cistern use. Trevor Jiricek, Department of Public Health and Environment,stated Section 14-3-140 will be modified since the renewal process for a Cistern Use Permit will be eliminated. He stated a Cistern Use Permit will also be issued in the absence of another water source; however, the permit will not be renewed annually. In response to Commissioner Jerke, Mr. Jiricek stated CUP stands for Cistern Use Permit. Commissioner Jerke moved to approve Ordinance#2006-5 on first reading. Seconded by Commissioner Long, the motion carried unanimously. PLANNING: CONSIDER RESUBDIVISION, RS#1115,FOR LOT LINE ADJUSTMENT IN ARROWHEAD SUBDIVISION -JOHN AND ANTONETTE SCHIESTEL/TRACY C.AND TRACY L. HOGUE: Sheri Lockman, Department of Planning Services, stated the applicants have applied for a lot line adjustment on lots located within the Arrowhead Subdivision. She stated the site is located adjacent to Pawnee Lane, and 300 feet east of Arrowhead Drive, and six referral agencies have reviewed the request. She further stated the access to the east lot overlaps the neighboring property to the west,and the lot-line adjustment will allow the access drive to be contained entirely on one property. Ms. Lockman stated staff recommends approval of the lot line adjustment;however,during an inspection of the property,a semi-trailer was found on the property,and the semi-trailer must be removed from the property as a Condition of Approval. She stated the applicant must also submit a Use by Special Review application to permit the business, or remove the business from the site. Ms. Lockman presented pictures of the site,depicting vehicles on the site with business logos and advertising on the side. She stated the non-permitted business issues will be addressed through the Conditions of Approval. In response to Chair Geile, Ms. Lockman stated the Board is only considering a lot line adjustment. In response to Chair Geile, Ms. Lockman stated the applicants will need to have the business permitted, and remove the semi-trailer, both of which are required as Conditions of Approval. Tracy Hogue,applicant, stated he owns the property to the west,and the access drive for the parcel to the east was placed prior to purchase of his property,and the drive overlaps the boundary line by approximately 14 feet. He stated the lot line adjustment is requested to place the access drive entirely within one parcel. In response to CommissionerJerke,Mr. Hogue stated only these two properties are affected by the access drive. In response to Commissioner Long, Ms. Lockman stated the Conditions of Approval require the applicant to bring the property into compliance, and the applicant has options as to how to permit the business. Commissioner Long stated the violation is a separate issue from the lot line adjustment,and the violation should be addressed separately through a violation hearing. In response to Ms. Lockman, Commissioner Long stated he preferred that the violation be processed separately, since a lot line adjustment is not subject to conditions,and he believes the applicants are being held to different standards. Commissioner Jerke stated he concurred with Commissioner Long,and stated the lot line adjustment only affects the real estate,and not the potential use. He stated the applicant would need to reappear before the Board at a Violation Hearing, or possibly a Use by Special Review hearing. Mr. Hogue stated he would like Minutes, May 15, 2006 2006-1346 Page 3 BC0016 to finish the fence surrounding his property and establish the property line, and separating the violation would allow him to move forward with the construction of the fence. Ms. Lockman suggested removing Conditions of Approval#1.C and 1.D,and staff will proceed with the violation process. The Board concurred with Ms. Lockman's recommendation. Commissioner Long moved to approve RS#1115,with the deletion of Conditions of Approval #1.C and 1.D. Seconded by Commissioner Masden, the motion carried unanimously. Ms. Lockman stated the hearing was her last,since she has terminated her employment with the County. In response to Chair Geile, Ms. Lockman stated it was a hard decision; however, she has decided to become a stay-at-home mother again, and her husband will go back to work. Chair Geile expressed his appreciation to Ms. Lockman for her professionalism. The Board concurred with Chair Geile. CONSIDER SECOND RESUBDIVISION,2NDRS#1073, FOR VACATION OF PORTION OF CERTAIN ROADS,STREETS,OR ALLEYS(DEERE ROAD)WITHIN PETERSBURG MINOR SUBDIVISION-TAMMI NORCUTT AND RICKY LAURIDSEN: Jacqueline Hatch, Department of Planning Services, stated the applicants have applied for vacation of the northern portion of Deere Road, within the Petersburg Minor Subdivision,which is located north of Weld County Road 10,and west of Weld County Road 7. She stated eleven referrals agencies reviewed the proposal; however, no referrals were received from the City of Boulder,County of Broomfield, and the Sheriffs Office. She stated staff has determined that the applicant has met the criteria listed in Section 24-5-20, of the Weld County Code. Ms. Hatch stated a resubdivision was completed in February,2005,for the reconfiguration of Lots 1 and 2,and the applicants currently own both lots. She stated the applicants are requesting that the cul-de-sac be removed from the northern portion of the road, and all three property owners within the subdivision have no objections. She further stated adequate access for all three lots will remain, and staff recommends approval. Ricky Lauridsen, applicant,stated he would like to build a new house on the property;however,there is not enough room to place a house and leach field with the required setbacks. He stated the vacation of the road will allow enough space to place both the house and the leach field. Commissioner Vaad moved to approve said second resubdivision. Seconded by Commissioner Masden, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance #2006-5 was approved on first 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 9:40 a.m. BOARD OF . OUNTY COMMISSIONERS �, ► IELa`� ELD Co r TY, COLORADO ATTEST: iitaiet0 s' ,dam �. s. ' VA'? �J ., eile ChairCSC Weld County Clerk to the Board l . � � � David E. Long, Pro-Tem BY: d L� �Lc�1C� -'4•222.„ �� / Dep Cler the Board41.44044/+i 's'�'` Willi H Jer� Robert D. Masd n Glenn Vaad Minutes, May 15, 2006 2006-1346 Page 4 BC0016 Hello