HomeMy WebLinkAbout20060799.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 13, 2006
TAPE #2006-08
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, March 13, 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 VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of March 8, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Geile stated the Board will recess at 9:55 a.m. to complete a
conference call in Room 350, in order to discuss the items listed under Old Business.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,SHERIFF'S OFFICE-MARY SCHWARTZ: Chair Geile read the certificate
into the record, recognizing Mary Schwartz for 22 years of service with the Sheriffs Office. John Cooke,
Sheriff, stated Ms. Schwartz started with the Sheriffs Office in 1983 and he expressed his appreciation to
Ms. Schwartz for her dedication to her duties. Ms. Schwartz stated she plans to continue working on a
part-time basis, and she has enjoyed her career with Weld County.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-0799
BC0016
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,091,115.31
Commissioner Long moved to approve the warrants as presented by Ms.Connolly. Commissioner Jerke
seconded the motion, which carried unanimously.
OLD BUSINESS: (CONFERENCE CALL IS SCHEDULED FOR 10:00 AM IN ROOM 350)
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SWIFT AND COMPANY,ACCOUNT
P0003960 (CONTINUED FROM 03/06/06): See below.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SWIFT AND COMPANY,ACCOUNT
P0015713 (CONTINUED FROM 03/06/06): See below.
NEW BUSINESS:
CONSIDER APPLICATION FOR DECREASING DIABETES DISPARITIES IN WELD COUNTY GRANT
ANDAUTHORIZECHAIRTO SIGN: Dr. Mark Wallace, Director of Public Health and Environment,stated
the application had been previously submitted, and the Department received additional funding through
Amendment 35. He stated the funds provided through the grant will be utilized to decrease diabetes
disparities in Weld County,and there are a large number of Hispanic diabetics within the County. He stated
the grant will provide funding for a period of July 1, 2006, through June 30, 2008, and the program will be
built upon a model used previously in cancer prevention programs. He further stated small educational
sessions, called Platicas,will be used to teach diabetics how to care for their disease. Dr.Wallace stated
the Department is requesting an amount not to exceed$401,822.00,and the Department was encouraged
to re-apply when the previous grant was not funded. He stated the application has been modified to meet
the suggestions from the State and other Health Departments that have been successful in obtaining
funding. In response to Commissioner Vaad, Dr.Wallace stated the Steps Program is directed at obesity
issues as a preventative program,and the diabetes program will work with the obesity program to diagnose
diabetics early, and teach them how to care for their disease. In response to Commissioner Jerke,
Dr.Wallace stated African-Americans and Latinos have an increased incidence of diabetes,approximately
two times greater than Caucasians. In response to Commissioner Masden, Dr. Wallace stated the other
Platicas project currently operating is a Colorado Cancer Initiative project. Further responding to
Commissioner Masden, Dr. Wallace stated grant funds require that specific objectives be stated for a
specific program. He stated the Department is trying to combine the programs under similar models,which
is why the diabetes program will target smaller populations. He further stated that very few funds are
available for broad programs that encompass all health issues within a community,since the State desires
targeted efforts. Dr.Wallace stated the State felt that the previously submitted application was too broad,
and this application has been narrowed down to address specific outcomes. In response to Commissioner
Masden, Dr.Wallace stated the Platicas model program resembles the Community Health Worker model,
and a representative of the Department will go out and meet people where they are, and help them
understand their disease. In response to Chair Geile, Dr.Wallace stated the focus of the program will be
directed towards Type 2 diabetes,which can be impacted by early intervention. He further stated Type 1
diabetes are juvenile onset, and tend to be very aggressive. Commissioner Long moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
Minutes, March 13, 2006 2006-0799
Page 2 BC0016
CONSIDER VALE GRANT APPLICATION FOR LONG TERM CARE OMBUDSMAN
ADVOCATE/FRIENDLY VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman,
Director of Human Services,stated the Department has received grant funds for the past eight years,and
the funds will be utilized to provide elder abuse prevention programs. Commissioner Long moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 21 BETWEEN STATE HIGHWAY 52 AND WCR 14:
Frank Hempen,Jr., Director of Public Works, stated Weld County Road 21, between State Highway 52 and
Weld County Road 14, was closed on March 7, 2006, to complete emergency bridge deck repairs. He
stated the work was completed and the road was re-opened on March 10, 2006. Commissioner Vaad
moved to approve said closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 86 BETWEEN U.S. HIGHWAY 85 AND WCR 33:
Mr. Hempen stated Weld County Road 86, between U. S. Highway 85 and Weld County Road 33 will be
closed from March 13, 2006,through March 17,2006,to replace a culvert. Commissioner Long moved to
approve said closure. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 70 BETWEEN WCRS 23 AND 25: Mr. Hempen stated
Weld County Road 70, between Weld County Roads 23 and 25, will be closed from March 20, 2006,
through March 24, 2006, to replace a culvert. Commissioner Jerke moved to approve said closure.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF PORTIONS OF WCR 17 FOR THE 2006 OVERLAY PROJECT:
Mr. Hempen stated Weld County Road 17 is a part of the Overlay Project for 2006, and several sections
of the road require replacement of structures. He stated various sections of Weld County Road 17,
between Weld County Roads 32 and 40, will be closed on various dates between March 20, 2006, and
May 5, 2006, to install the necessary culverts. He further stated the Department will utilize extensive
advanced warning signage along with the placement of message boards. Mr. Hempen stated a few of the
detour routes require use of gravel roads, and the Department will utilize dust abatement measures. In
response to Commissioner Vaad, Mr. Hempen stated Weld County Road 13 will be utilized as a detour
route during several phases of the project. Commissioner Vaad commented that a traffic problem exists
at the intersection of Weld County Road 17 and State Highway 66. Commissioner Long moved to approve
said closure. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER TEMPORARYCLOSURE OF WCR 13 BETWEEN WCRS 2 AND 8: Mr.Hempen stated Weld
County Road 13, between Weld County Roads 2 and 8, will be closed from March 14, 2006, through
April 30,2006,for road construction associated with the Strategic Road Plan. In response to Commissioner
Vaad,Mr. Hempen stated he will research and form a policy to be used for considering property easements
as detours. Commissioner Vaad stated obtaining easements will be expensive, but they will greatly benefit
the public. Commissioner Jerke stated alternative routes need to be provided, and on-site detours are a
good alternative to consider. Commissioner Long moved to approve said closure. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER APPLICATION FOR TEMPORARYASSEMBLY OF MORE THAN 350 PERSONS- LEAHY
FAMILY FARM, LLC: David Leahy, applicant, stated dirt bike races are held at the Leahy Family Farm
throughout the year,and the use is allowed through a Use by Special Review Permit. Bruce Barker,County
Attorney,stated an application fora Temporary Assembly permit must be submitted every year for the dates
in which more than 350 people will be in attendance at the race. He stated the dates of the races for the
2006 year are March 19,April 16, June 4, July 30, and August 20. He further stated he has been satisfied
with the response and the conduct of operations by the Leahy family, and recommended approval. In
Minutes, March 13, 2006 2006-0799
Page 3 BC0016
response to ChairGeile, Mr. Leahy stated his property is located on Weld County Road 19,approximately
one mile south of the Towns of Johnstown and Milliken. Commissioner Vaad moved to approve said
application. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN- RJML, LLC, DBA LA MARAVILLA RESTAURANT: Mr. Barker stated the establishment has had
stipulated Conditions in the past. He stated the Sheriffs Office stated there have been no concerns for the
past year, and the establishment is in compliance with the limitation of patrons using the septic system.
He further stated the Department of Public Health and Environment states the establishment has been
complying with the Colorado Drinking Water regulations and food service guidelines. (CHANGED TO
TAPE#2006-09.) J.D. Broderius, Sheriffs Office, stated there have been no significant problems during
the last year. He stated there has been an increased amount of calls for service regarding the alarms;
however, those calls are a security issue, and are not related to the service of alcohol. He further stated
staff is satisfied with the applicant's compliance and attendance at regularly scheduled meetings. Mr.
Broderius stated a new Community Resource Officer has been assigned to the area,and the applicant has
been cooperative with the new Officer. Mr. Barker recommended the previously approved Stipulated
Conditions for Renewal be included for this year's renewal, and the applicant has agreed to abide by the
Conditions as previously approved. Commissioner Vaad moved to approve said renewal with the addition
of Stipulated Conditions for Renewal A through I. The motion was seconded by Commissioner Long. Upon
request for a roll-call vote, the motion carried four to one, with Commissioner Masden opposed.
CONSIDERAFFIRMATION OF GRIEVANCE BOARD DECISION OF JANUARY 13,2006 REGARDING
JUDITH WORKMAN: Mr. Barker stated an appeal to the Board of County Commissioners is a part of the
County's grievance procedures, and the Board makes a decision on the appeal. He stated Ms.Workman
has appealed a Grievance Board decision,and the Resolution provides for a proposed decision. He further
stated the Resolution should be considered, and any modifications deemed necessary may be included.
In response to Chair Geile, Mr. Barker stated the matter is a review of the record, and no testimony needs
to be provided. Commissioner Jerke moved to approve said affirmation. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER AUTHORIZING THE COUNTYATTORNEYTO PROCEED WITH LEGAL ACTION AGAINST
SANDY FARNSWORTH, DBA LOPIANOS DOWNTOWN GRILL, FOR VIOLATIONS OF THE COLORADO
RETAIL FOOD ESTABLISHMENT RULES AND REGULATIONS: Mr. Barker recommended a modification
be made to the Resolution that the request for legal action include a suspension during the period of time
in which the operator will agree to meet certain Conditions set forth by staff. He stated if the Conditions are
not met, or if the operator does not come to resolution with staff through an agreement during the
suspension period, the matter may come back before the Board to consider revocation of the license. In
response to ChairGeile, Mr. Barker stated the suspension will prohibit the operator from preparing and/or
serving any food during the period of time the suspension is active. Trevor Jiricek, Department of Public
Health and Environment, stated the Department has requested the hearing for the temporary suspension
of the food service license for Lopianos Downtown Grill,located at 701 8th Street,Greeley,inside the Best
Western Hotel. He stated staff has provided summaries of the history of violations noted, the history of
inspections conducted at the facility, and a log of letters sent to the operator. He further stated there have
been numerous items of non-compliance with State regulations regarding food service during the past two
years. Mr.Jiricek stated the reason for the hearing is primarily due to an issue of rodent infestation,which
was cited to the operator, and no improvement had been made at a follow-up inspection one week later.
Dan Joseph, Department of Public Health and Environment, stated an inspection of the facility was
conducted on February 27, 2006, and again on March 6, 2006. Mr. Joseph displayed photographs taken
during the inspections, and gave details of the food service violations. Photographs depicted excessive
rodent droppings throughout various areas of the kitchen,evidence of dead rodents in traps and in a bucket,
a large number of non-sanitized dishes and utensils, several areas of the kitchen in disrepair, excessive
Minutes, March 13, 2006 2006-0799
Page 4 BC0016
holes in the walls,excessive debris and dirt on floors and equipment,evidence of food contact surfaces not
being cleaned, and spoiled/moldy vegetables.
Sandy Farnsworth,operator, stated the inspection report completed in January 2006 did not mention any
issues with rodents. Ms. Farnsworth stated the Best Western Hotel has had issues with rodents entering
the building through the back service hallway. She stated Terminix laid traps in the service hallway area,
and there was still no evidence of rodents in the kitchen facility. She stated she was not aware of the rodent
issues until staff brought it to her attention during the inspection. She further stated she contacted Terminix
to place traps on February 28, 2006. She further stated she was not aware of the issues regarding the
walk-in cooler, as the area is not utilized for food preparation. She stated the kitchen is very large,and her
staff cleaned up the required areas before the follow-up inspection on March 6, 2006. Ms. Farnsworth
stated she was not aware that the holes in the walls needed to be repaired, and she was instructed by
Terminix to fill the holes with spray foam. She stated she did not expect the rodent issue to be solved within
four days;however,she believed the problem to be under control. She further stated Terminix visited the
facility on March 8, 2006, and noted a marked difference regarding the rodent issues; however, they
acknowledged that it would take several weeks of changing out traps to get the issue completely under
control. She stated a majority of the problem areas are within the coolers,which are located by the back
door, and several traps have been placed in the area. Ms. Farnsworth stated rodents are not running wild
within the kitchen and facility,they are being caught regularly in the placed traps. In response to Chair Geile,
Ms. Farnsworth stated the dirty utensils photographed are the private utensils of one of the chefs, and he
does not work on Mondays. She further stated the chef should have cleaned the utensils before he left the
previous day;however,he rolled them up and placed them under a table,and he always cleans the utensils
before the next use. She stated she is not aware of other utensils regularly used that were in violation. She
further stated the chef is enrolled in one of the ServeSafe programs,as requested by the Department, and
she has stressed to him the importance of cleaning the utensils. Ms. Farnsworth stated the Best Western
Hotel is a very old building, and many of the problems being cited have been in existence for a long period
of time. She stated the holes in the walls were in existence before she acquired the premises, and they
were not cited as violations until the Department of Public Health and Environment instituted new
regulations. She further stated she met with staff from the Department in December 2005,and configured
a plan to address and complete the needed repairs before the January 2006 inspection. Ms. Farnsworth
stated a hearing to suspend her license is a harsh punishment, and she has addressed all problems
brought to her attention. In response to Chair Geile, Ms. Farnsworth stated she does not believe the
violations associated with her establishment are a hazard to the health and welfare of County residents.
Ms. Farnsworth stated the facility operates 24 hours per day,and she has had accountability issues with
her dishwashing staff. She stated she has addressed the problem with her staff, the dishes are washed
twice a day, Monday through Saturday,and the facility is not open on Sundays. She stated she is working
to correct the problem by placing buckets for the dishes to soak between shifts, and for dishes brought
down by room service maids. She further stated she has been in business over 18 years,there has not
been a history of repeated problems, and staff is completing on-going training by being enrolled in the
ServeSafe classes to receive updated proper training. Mr. Jiricek stated the matter is before the Board
because a serious health issue needs to be addressed, and mice are known to spread more than 20
different organisms including salmonella. He stated only two of the twelve listed on-going violations are
regarding physical issues, and the others include cleanliness and rodents. He further stated staff has
inspected the facility 15 times in the past25 months,and a facility operating in compliance would have been
inspected approximately five times in that time period. He further stated State regulations require that
dishes and utensils be cleaned and sanitized within fours hours of use, and the facility has been cited for
this violation numerous times over the past several years. Mr.Jiricek stated staff atTerminix indicated that
the rodent infestation was one of the worse cases the company had seen,and the operator has not signed
a long-term contract to control the rodent infestation. He stated the photographs indicate that the rodent
droppings had not been properly cleaned up in the span of one week between visits. Mr.Joseph stated the
Minutes, March 13, 2006 2006-0799
Page 5 BC0016
mouse traps indicated in the photographs are located more than 60 feet away from the back door, and
another trap was located under the three compartment sink; therefore the rodent infestation is not just a
problem near the back door. He stated problems are occurring in the middle of the kitchen, not just around
the perimeter of the kitchen. He further stated between the inspections of February 28, 2006, and March
6, 2006, changes to the cleanliness of the facility were not apparent.
Chair Geile called a recess in order to complete a conference call relating to the items listed under Old
Business.
Upon reconvening, Mr.Joseph stated Lopianos Downtown Grill prepares food for two other facilities,The
Ebony Event Center and the Mad Russian. Most of the food preparation is done at the downtown location
and the food is then transported to the other locations. Ms. Farnsworth stated she has not been cited for
excessive buildup of dishes since 2004, and she does not believe it is legitimate to consider the dishes to
be a repetitive problem. She stated Terminix has visited the facility twice,and a long-term contract has not
been signed because she is not willing to sign a long-term contract due to problems with Terminix not
fulfilling the obligations of a previous contract. She further stated she did initiate a month-to-month contract
with the company,and the problem is being serviced. Ms. Farnsworth provided photographs of the facility,
marked Exhibit A,and stated the photographs show that the facility has been cleaned and the holes in the
walls have been repaired. She stated she employs 40 personnel at the facility, and the employees are
working hard to be in compliance, as witnessed at the January 2006 inspection when no violations were
noted. She further stated the rodent issue is now under control.
In response to Mr. Barker, Mr.Jiricek stated the Department of Public Health and Environment recommends
temporary revocation of the food service license until a time when appropriate physical improvements have
taken place. He stated staff has not inspected the facility in the past week,and the pictures Ms. Farnsworth
submitted cannot be confirmed until an inspection takes place. He stated Ms. Farnsworth needs to enter
into a long-term contract to control the rodent issues. He further stated the suspension should be referred
to Department staff, in order to inspect and confirm the necessary improvements have been completed.
Mr.Jiricek stated he did not have a specific time frame for suspension; however,the suspension could be
relatively short if Ms. Farnsworth takes quick action. In response to Chair Geile, Mr. Barker suggested
delegating responsibility to Dr. Mark Wallace, the Weld County Health Officer, to make the determination
of when the suspension will end. He further stated the Department needs to provide a detailed list of exactly
what is expected to be completed, which should be placed in the agreement of long-term expectations.
In response to Commissioner Masden, Mr. Jiricek stated at the conclusion of the hearing, a letter will be
drafted by staff outlining the terms of the suspension and the requirements that need to be met, and the
letter will be delivered to Ms. Farnsworth. Further responding to Commissioner Masden,Mr.Jiricek stated
the Department works hard to avoid hearings before the Board;however,the issue needs to be addressed
immediately. Mr. Barker stated the operator needs to be aware that no food service may come out of the
facility during the period of the suspension, and if food preparation occurs,the County Attorney's Office is
authorized to bring action against the operator. Commissioner Vaad stated the purpose of a random
inspection is to determine that on-going food safety precautions are adhered to, and it is not practical to
provide constant monitoring at the facility. He stated the role of the inspector is to find out whether the rules
are being followed, not to suggest remediation. He further stated what has been seen in the photographs
provided by the Department is not permissible for any food provider, and he is in support of the
recommendations of staff. Chair Geile stated a motion proposed should include a suspension, not a
revocation, and authority should be delegated to the County Health Officer. Mr. Barker suggested the
delegation of the County Health Officer include the ability to terminate the suspension, or to place the
suspension on hold if compliance occurs. Commissioner Vaad moved to suspend the food service license
for Sandy Farnsworth,dba Lopiano's Downtown Grill,and delegate authority to the County Health Officer,
based upon staffs recommendations. The motion was seconded by Commissioner Masden. Upon
request for a roll call vote, the motion carried unanimously.
Minutes, March 13, 2006 2006-0799
Page 6 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SWIFTAND COMPANY,ACCOUNT
P0003960(CONTINUED FROM 03/06/06): The Board met in Conference Room 350 for the purpose of a
conference call with Lauri Poe, Swift and Company representative. Chris Woodruff, Assessor's Office,
gave a brief summary of the meeting held between Ms. Poe and staff on March 6, 2006. He stated a
thorough review of the company's assets was completed, and an agreement was reached regarding the
list of assets. He stated the Board approved a petition for Swift last year, based on the depreciation and
obsolescence figures provided by Swift. He further stated staff and Swift's representative came to an
agreement regarding depreciation and obsolescence figures for this petition and for future assessments.
Ms. Poe stated Swift is in agreement, and believes a fair value has been determined. In response to
Mr.Woodruffs summary of the amount of refund to be considered by the Board, Ms. Poe stated she agreed
with the stated figures. Commissioner Vaad stated based upon the testimony of staff and Ms. Poe, he
supports the Resolution, and Commissioner Masden concurred. Ms. Poe expressed her appreciation to
staff and the Board for their time and consideration of the matter.
Upon reconvening in the Board Hearing Room, Mr.Woodruff summarized the phone call held between the
Board and Ms. Poe. He stated economic obsolescence is a loss in value against the property for economic
issues outside the control of the company which renders the value of the equipment to be less than in
normal operating conditions. He stated staff struggles with assessments of large industries with unique
properties and unique manufacturing; however, staff has determined a method to use to measure the
additional economic obsolescence for Swift and Company, due to the closing of the beef markets which
have affected the plant. Mr.Woodruff stated this account is the beef plant located in Greeley,the petition
requests an adjustment for years 2003 and 2004, and Swift is exercising the right to correct the personal
property declarations. He stated the list of equipment was audited,to ensure an accurate listing,and items
were corrected as needed. He further stated no economic obsolescence will be applied for year 2003;
therefore the amount of refund will be $170,068.57, plus applicable interest. He stated a refund in the
amount of$298,777.79, plus applicable interest,will be given for year2004,which is a yield of 25 percent
economic obsolescence,which the Board granted the previous year at the Board of Equalization hearing.
He further stated the method will be used for the upcoming assessment in 2006. Commissioner Jerke
moved to approve said petition based upon staffs recommendation. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SWIFT AND COMPANY,ACCOUNT
P0015713(CONTINUED FROM 03/06/06): Mr.Woodruff stated this account is the lamb plant owned by
Swift and Company,the petition is for years 2004 and 2005, and the figures for 2005 were not addressed
at the previous Board of Equalization hearing. He stated the list of assets for the facility was corrected,the
petitioner is not requesting an economic obsolescence adjustment for this plant,and the figures reflect the
corrections of the assets. He further stated the same methodology of economic obsolescence utilized for
the beef plant will be applied to the lamb plant for assessment in 2006. Mr.Woodruff stated a refund in the
amount of $4,706.64, plus applicable interest, will be issued for 2004, and a refund in the amount of
$6,361.15,plus applicable interest,will be issued for 2005. Commissioner Masden moved to approve said
petition, based upon staffs recommendation. The motion was seconded by Commissioner Long. Mr.
Barker stated on record that Lauri Poe, Swift and Company representative, stated during the conference
call that she is in complete agreement with the Assessor's recommendation.
PLANNING:
CONSIDER REQUEST OF MELODY HOMES, INC., DBA D. R. HORTON - MELODY SERIES, TO
WITHDRAW THE APPLICATION FOR THE SPECIAL DISTRICT SERVICE PLAN FOR ADLER ESTATES
METROPOLITAN DISTRICT,AND CONSIDER VACATING HEARING DATE OF MARCH 27,2006: Chris
Gathman, Department of Planning Services, stated Melody Homes has provided a letter requesting
withdrawal of the Metropolitan District Service Plan. In response to Commissioner Vaad, Mr. Gathman
stated he is not aware of the name of the new property owner. He stated the property was approved for a
Change of Zone,and the Change of Zone plat has been recorded;therefore,the matter could be revisited
Minutes, March 13, 2006 2006-0799
Page 7 BC0016
in the future. Further responding to Commissioner Vaad, Mr. Barker stated the Southwestern Weld County
Law Enforcement Authority has been approved, and will not be terminated. Commissioner Vaad moved
to approve said request and vacate the hearing date of March 27, 2006. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER RESUBDIVISION, RS#1113, FOR LOT LINE ADJUSTMENT IN THE DEARFIELD TOWNSITE
-JAMES AND ROIANN MARES: Mr. Gathman stated Resubdivision#1113, is for a lot line adjustment
between Blocks 53 and 54 of the Dearfield Townsite, which is lo cated one-half mile south of
U. S. Highway 34, and east of Weld County Road 87. He stated the lot line adjustment will move the
common boundary between Blocks 53 and 54 fifty feet to the west,to allow the existing residence and water
well to be located entirely on Block 54. He stated there were no concerns stated from referral agencies,
and staff recommends approval. In response to Commissioner Vaad, Mr.Gathman displayed the platted
map of the Dearfield Townsite, and stated no easements or roadways will be affected by the lot line
adjustment.Jeremy Jewett,Western Site Services representative,stated his company placed the house,
and he has no concerns. Jesse Hein, Department of Public Works, stated staff has no concerns since the
adjustment will not affect access to the site or characteristics of the site. Commissioner Long moved to
approve said request. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PARTIAL VACATION OF USR#695-LAFARGE WEST, INC.: Jacqueline Hatch, Department
of Planning Services, stated staff received a letter from LaFarge West, Inc., requesting Use by Special
Review#695,for gravel mining, be partially vacated. She stated the southern portion of the permitted area
will be removed from USR#695, and will be incorporated into a larger gravel pit through a new Use by
Special Review Permit at a later date. She stated the site is located south of State Highway 52, and west
of U. S. Highway 85. Ms. Hatch stated Use by Special Review#695 was approved by the Board on
November 13, 1985,and should the Board approve the request fora partial vacation,staff recommends that
a revised plat be submitted as required. She stated the site is accessed from State Highway 52, and the
only gravel mining operations currently taking place are in the northern area of the permitted boundaries.
In response to Commissioner Masden, Ms. Hatch stated the vacated portion will be incorporated into
another gravel pit operation;however the application for the proposal has not been submitted at this time.
Don Carroll, Department of Public Works, stated staff is aware of the proposed application;however,there
are no objections to the partial vacation. Eric Reckentine, LaFarge representative, was present and had
no concerns. Commissioner Vaad moved to approve said partial vacation. Seconded by Commissioner
Masden, 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.
Minutes, March 13, 2006 2006-0799
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:45 a.m.
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Weld County Clerk to the Boa,- � .,�;,, � a„�,
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De ty Cle riu to the Board ,J , V
Wil 'am H. Jerke ^^'n
Robert D. Masden
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Glenn Vaad
Minutes, March 13, 2006 2006-0799
Page 9 BC0016
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