HomeMy WebLinkAbout20061952.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 19, 2006
TAPE #2006-26
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, July 19, 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 - EXCUSED
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
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of July 17, 2006, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTSTO AGENDA: Chair Geile added New Item of Business#4: Consider Grant Agreement
for the Briggsdale Community Sports Complex Renovation and Addition and authorize Chair to sign-State
Board of the Great Outdoors Colorado Trust Fund.
PUBLIC INPUT: Richard Lopez,Attorney,stated he was requested to represent Annette Hunt at the recent
violation hearing held on July 11,2006; however, he submitted a letter which stated he could not attend the
meeting. He stated the letter requested a 30-day continuance, which was not granted. He stated an
application for a Use by Special Review Permit was initially submitted on May 19, 2006, to correct the
violation,and he was been trying to resolve the concerns noted by Planning staff so that the application may
be officially accepted for review by the Board. He further stated he has been in contact with Bruce Barker,
County Attorney, regarding the matter as well. Mr. Lopez stated he has contacted the State Division of
Water Resources,in order to obtain a letter stating the existing well will provide adequate water service for
the site. He stated a representative informed him that the Division cannot respond to a private party
request;therefore, he is unable to complete the requirements of the application. He further stated it is not
fair that he is expected to fulfill a requirement that cannot be met, and requested that Planning staff be
directed to accept the application and complete a request to the Division for information regarding the
existing well. Mr. Barker stated he directed Mr. Lopez to submit a letter explaining why he could not be
present at the violation hearing,and Cyndy Giauque,Assistant County Attorney,entered the letter into the
2006-1952
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record at the hearing. He stated surrounding property owners were present at the hearing, and presented
their concerns with the welding business operating on the property. He further stated the Board voted to
refer the matter to the County Attorney's Office, since there was knowledge of a pending Use by Special
Review Permit application. Mr. Barker stated the Board requested a Cease and Desist Order be placed
on the property so that activities on the property had to stop until the Use by Special Review Permit was
approved. In response to ChairGeile, Mr. Barker stated the Board could order Planning staff to accept the
application as is,and address the necessary conditions after acceptance. Commissioner Jerke stated the
matter has been referred to the County Attorney's Office, and the Board cannot take action since the issue
is not formally before the Board. In response to Commissioner Masden, Mr. Barker stated the property is
located adjacent to Weld County Road 6,and no business activity is to occur upon the property. Mr. Lopez
stated the citation received on May 31,2006,expressed that if a Use by Special Review Permit application
was submitted before July 11,2006,the violation would be cancelled. He stated staff has placed impossible
requirements upon the application,and he is not able to satisfy the Condition regarding the well. He further
requested a relief from action by the County Attorney's Office, since he was not able to comply with the
requirements. Commissioner Jerke stated life safety issues were brought up by surrounding neighbors at
the violation hearing, and the proper permits have not been approved to continue the work on-site. He
stated the vehicle traffic along Weld County Roads 6 and 27 is dangerous, and the activity needed to be
stopped. Commissioner Masden stated he concurred with CommissionerJerke,and action was taken by
the Board to remedy the health safety issues. ChairGeile stated once the application is formally accepted,
the Board cannot discuss the matter. Mr. Lopez stated the applicant will continue to comply with the
application process.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
PRESENTATIONS:
PRESENTATION OF FAIR BOOKS TO BOARD-WELD COUNTY FAIR ROYALTY: The Weld County
Fair Royalty, including Queen Katie Samples,and Princess Jessica Sutton,encouraged residents to attend
the Weld County Fair,July 26,2006,through July 31, 2006, and explained the various events of the Weld
County Fair. In response to Commissioner Masden,Ms.Samples stated the Fair Royalty have traveled to
many fair-related events throughout the State of Colorado, representing Weld County. Ms. Sutton stated
the Fair Royalty has also participated in several parades throughout the region, and will continue to
participate in local parades until September. Commissioner Masden expressed his appreciation to the Fair
Royalty for their dedicated commitment and service. He further stated the ladies serve as great
ambassadors for the Weld County Fair,and the residents of Weld County. Commissioner Vaad expressed
his appreciation to the Fair Royalty.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $335,782.92
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
Minutes, July 19, 2006 2006-1952
Page 2 BC0016
OLD BUSINESS:
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS -
ANDERSON FARMS, DBA AMAIZEING FARM EVENTS, LLC (CON'T FROM 07/17/06): Craig Emil,
Assistant County Attorney,stated several concerns were indicated in the referral response received from
the Sheriffs Office. He stated the main concerns were in regards to the amount of traffic utilizing State
Highway 52, and the applicant's ability to monitor the traffic utilizing Weld County Road 3.25. He further
stated the referral notes that there is currently no noise ordinance in place, and concerns exist regarding
the level of noise which will come from the property. Mr. Emil stated the applicant has addressed the
concerns regarding the requirement of EMT's located on-site; however, the referral states the issue has
not been completely resolved. He stated the referral also referenced concerns regarding the service of
alcohol, more specifically the amount of alcohol served to individuals. He further stated the applicant has
assured the Sheriffs Office that the bartenders serving the drinks work within the alcohol service industry,
and attendees will be held to a four drink maximum. Mr. Emil clarified the Sheriffs Office stated in the
referral that the Department does not recommend approval of the application. He stated a copy of the
insurance policy was received from the applicant; however,the policy does not cover the service of liquor.
Mike Patzkowsky,event coordinator, stated he has been in contact with the Sheriffs Office over the past
two weeks regarding the noted concerns. He stated he did not obtain insurance,which included the service
of liquor, since Anderson Farms already holds an insurance policy through their current liquor permit. He
further stated he has resolved the concerns of noise and traffic, and up to six officers will maintain the
intersection of Weld County Road 3.25 and State Highway 52 during the entire event. He stated warning
signs will also be placed along those roads, notifying drivers that slow traffic may exist. In response to
Commissioner Masden, Mr. Patzkowsky stated a contract for the officers is currently being drafted,and the
six officers will serve during the twelve-hour event, and for an hour afterward to direct traffic. He further
stated there will be a staging area by the entrance so that the cars may be staged before parking,to avoid
traffic back-ups on the road. Mr. Patzkowsky stated the concerns voiced by the neighbors are valid
concerns. He stated the closest residence to the farm is one-third of a mile away from where the stage will
be located, and the speakers will face southeast. He stated the sound company working the event has
extensive experience working with concerts in small neighborhoods,and he believes the neighbors will not
hear anything louder than a car. He further stated his staff is committed to ensuring that attendees are not
over-served, and that they continue to act in an orderly manner throughout the entire festival. He stated
professional bartenders have been hired to serve at the event,and only bartenders with no liquor violations
will be utilized at the festival. He stated Karen Nelson,who has 27 years of liquor service experience,will
supervise the servers,and volunteers will not be utilized for alcohol service. He further stated identification
will be thoroughly checked at the gate, and staff will also complete spot checks of identification within the
liquor service area. Mr. Patzkowsky stated he is currently in negotiations with Pridemark Paramedic
Services to provide EMT's on-site,and Delta Securitywill have two trained EMT's on-site as well. He stated
an RV will be located on-site where minor injuries and dehydration may be treated. He further stated many
of the staff involved with this festival have previous experience working at the Greeley Blues Festival, and
other large events of the same caliber.
In response to Commissioner Vaad, Peggy Shupe, aMAIZEing Farm Events, LLC, stated she has been
part-owner and office manager of Anderson Farms for the past five years. Further responding to
Commissioner Vaad, Mr. Patzkowsky stated the"dope"comment listed on the festival's webpage has been
removed. He stated the webmaster was trying to make a joke that wasn't funny, and it was immediately
removed when he received notification of the comment. He further stated staff does not want illegal drugs
at the event, and all bags will be searched for any illegal drugs and firearms, which will be confiscated. In
response to Mr. Barker, Ms. Shupe stated the liquor service area will be located right inside the entrance
gates to the seating area. Mr. Barker stated he believes the seating area will be outside of the licensed
premises of the current liquor license held by aMAIZEING Farm Events. In response to Mr. Barker,
Ms. Shupe stated she believes the entire farm is licensed for service. Mr. Barker stated he will need to
Minutes, July 19, 2006 2006-1952
Page 3 BC0016
research to ensure that the area to be served is within the designated area of the liquor license,and he does
not have any concerns with the insurance issue.
Ms.Shupe stated a neighborhood meeting was recently held for surrounding property owners,and several
residents within the vicinity of Weld County Road 5 came and were supportive of the festival.
Mr. Patzkowsky stated the typical age range of the attendees of the festival is between 28 and 40, and the
volume of the music will not be extremely loud. He stated the sound crew will complete checks in the
vicinity of the neighboring residences to ensure that the sound level is appropriate. He stated he has an
excellent track record with other festival events held within the State,which still continue on an annual basis.
In response to Commissioner Masden,Mr.Emil stated he is not aware of any complaints against aMAIZEing
Farm Events.
Marcia Poss, surrounding property owner, stated the festival was fully planned before the application for
approval was even submitted. Ms. Poss submitted a letter of opposition from a surrounding property owner,
marked Exhibit A,and a printout of the website with the"dope"reference,marked Exhibit B. She stated the
"dope" reference was posted on the website for several months, and was only recently removed. She
further stated the alleged joke was extremely bad taste for an advertisement for a family event. She stated
she has concerns with the service of alcohol,and she does not believe the servers will obey the four-drink
maximum. Ms. Poss submitted a copy of a postcard and poster advertising the festival, marked Exhibit C,
and read her letter of concern into the record,marked Exhibit D. She stated she has reason to believe that
Ms.Shupe and Mr. Patzkowsky intended to hold the event without the proper permit if the County had not
been notified by surrounding residents. Ms. Poss stated Ms.Shupe held a neighborhood meeting several
years ago before the liquor license for aMAIZEing Farm Events was approved, and Ms. Shupe promised
at that meeting that alcohol would only be served at weddings, and other small gatherings. She stated
during the fall months she can hear the guests running through the corn maze at night, and she believes
the concerts will be too loud. She further stated the applicant will have problems with attendees sneaking
through the field to enter the property, and she has safety concerns with attendees wandering over to the
gravel pit ponds located to the west of the property. Ms. Poss stated the farm is not zoned to host noisy
concerts, and encouraged the Board to make the decision to protect the rural lifestyle of the surrounding
property owners. She further stated she was able to obtain the signatures of over 20 surrounding property
owners who are opposed to the festival, marked Exhibit E.
Lisa Balmes, surrounding property owner, stated she is concerned with the amount of traffic that will be
generated by the festival. Ms. Balmes stated she is able to hear people within the com maze during the fall
months, and she believes the noise from the concert will be worse. She stated she has tried to be a good
neighbor about the many events held throughout the year;however,she does not believe a festival with over
3,000 attendees is an event of family fun. She further stated the "dope" reference was posted on the
website for several months,and Ms.Shupe promised the neighbors several years ago that she would only
allow alcohol to be served at weddings and small business parties. She stated this property is not the
appropriate location fora large event,since a majority of the surrounding property owners are in opposition.
Ms. Balmes stated many of the property owners could not attend the hearing today due to work schedules.
Judy Schell,surrounding property owner,stated she is concerned with the insurance amounts for the event,
and she believes there is a risk of drunk drivers causing accidents. She stated there are too many
accidents along State Highway 52, and County Line Road is a very dangerous road as well. She further
stated the gravel pit to the west of the property will be completing mining operations, and an average of 100
trucks enter and exit the site during a typical workday. Ms.Schell stated she is concerned about overnight
camping at the site,and that attendees will be served more than four drinks. She stated concert attendees
who are older typically drink more than young adults do.
Minutes, July 19, 2006 2006-1952
Page 4 BC0016
Bethany Salzman, Zoning Compliance Officer, stated she spoke with the Sheriffs Office, and Ken
Poncelow stated the applicant has contracted six officers,and the Department is no longer opposed to the
application. Brad Mueller, Department of Planning Services,stated aMAIZEing Farm Events has not had
any violations within the past six years. He further stated the surrounding property owners have not
requested that the Department initiate a probable cause hearing. In response to Mr. Mueller, Ms. Poss
stated she believes the company has been in violation on several occasions; however, she has never
reported it to the Department since she was trying to be a good neighbor.
Mr. Patzkowsky stated as he was planning the specifics of the event, it was discovered that the farm did
not hold the correct permit for an event of this size,and he began the process to obtain the permit as soon
as he was notified a permit would be needed. He stated the event will last twelve hours,and attendees will
be held to the four-drink maximum for the duration of the event. He further stated security will be carefully
checking identification,and will detain any intoxicated persons to avoid drunk drivers. He stated the noise
will be kept to a minimum, and the music will not be blasted. He further stated Sheriffs Deputies will be
directing traffic at the intersection for this one-time event. In response to Chair Geile, Ms.Shupe stated the
Sheriffs Deputies may be placed wherever they are needed on-site. Further responding to Chair Geile,
Ms. Shupe stated the only access to the farm is adjacent to Weld County Road 3.25, Weld County
Road 16.5 is currently closed, and officers will direct traffic back to State Highway 52 following the event.
Responding further to Chair Geile, Ms. Shupe stated overnight camping/parking will not be allowed, and
aMAIZEing Farm Events holds general liability insurance in the amount of$1,000,000.00. Mr. Patzkowsky
stated he has purchased event insurance in the amount of $3,000,000.00, which is in excess of the
County's requirements. Mr. Barker stated when the liquor license was originally issued in 2003,the licensed
premises was contained to one building,and not in the open area where the applicant is proposing to serve
liquor. Ms. Shupe stated it was not her understanding that the service of liquor would be contained to one
building; however, she is willing to make adjustments for the festival, in order to be in compliance.
CommissionerJerke stated he has enjoyed the events held by aMAIZEing Farm Events,and the applicant
has designed an excellent facility; however,the application has many difficulties. He stated the proposed
event is not compatible with the residences and the gravel pit located within the area. He further stated he
has concerns with safety issues,and as a Commissioner,it is his duty to look out for the health,safety,and
welfare of the residents. He stated the entrance to the site is located on a steep hill, and 3,700 people
coming and going will create major traffic problems. Commissioner Jerke stated he is also concerned
about drivers who have been drinking throughout the day,and he would like to maintain consistency with
these types of applications. He stated an application for an event very similar to this was denied
approximately a year ago,due to the concerns regarding the safety and welfare of area residents. He stated
he is not in support of the application, and urged the Board to maintain consistency with their previous
decision. Commissioner Masden stated he has previously attended events at the site,and believes the site
is a great agricultural venue. He stated he is concerned about the alcohol service,since the liquor licensed
premises is within the barn only. He further stated he has concerns regarding the volume of traffic, which
will create an average of an additional 300 people per hour on the surrounding roadways. He stated the
Board has the responsibility to protect the health, safety, and welfare of the area residents, and he is not
in supportof the application. Chair Geile stated he concurred with Commissioners Jerke and Masden,and
it was not the original intent of the applicant to expand to this type of venue. He stated he has unresolved
concerns regarding the amount of traffic, the management of liquor service,and the impact to surrounding
property owners;therefore, he will not support the application. Comm issioner Vaad stated aMAIZEing Farm
Events has kept an impeccable record,and he has received many accounts of positive testimony regarding
the family events and social functions held at the farm. He stated this would be the first event taken to a
different level,and he has concerns regarding the service of liquor,since there is not a clear understanding
of where the liquor may be served. He further stated the advertisement done for this event cannot be easily
undone, and he believes the applicant does have a solid commitment to control the noise; however, he is
not in support of the application. Commissioner Vaad stated the applicant has been very innovative with
Minutes, July 19, 2006 2006-1952
Page 5 BC0016
agricultural production; however, the land should not be used at this caliber to produce revenue.
Commissioner Jerke moved to deny said application. Seconded by Commissioner Masden, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-TAGAWA GREENHOUSES,C/O
RON SANDSTROM: Mike Sampson,Assessor's Office, stated the original request was to set the actual
value of the property at$900,000.00. He stated the Department recommends approval in part, based on
the decision of the Board of Assessment Appeals in year 2000. He further stated he recommended setting
the overall actual value as $3,090,236.00. Mr. Sampson stated the request for an actual value of
$900,000.00 is not justified, since no information was provided, and the Board of Assessment Appeals
made a fair determination. In response to Chair Geile, Mr. Sampson stated the Board of Assessment
Appeals utilized the cost approach method, and the Board did not feel like the income approach was
justified. Commissioner Jerke moved to approve in part said petition. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER APPOINTMENTS TO THE NORTHEAST COLORADO REGIONAL EMERGENCY MEDICAL
AND TRAUMA SERVICES ADVISORY COUNCIL: Commissioner Vaad moved to reappoint Dave Bressler
and Donovan Ehrman to the Northeast Colorado Regional Emergency Medical and Trauma Services
Advisory Council, with terms to expire June 30, 2008, and June 30, 2007, respectively. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDERAPPOINTMENTTO THE EXTENSIONADVISORYCOUNCIL: CommissionerJerke moved
to appoint Gordon Ledall to the Extension Advisory Council, with a term to expire November 1, 2008.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR THE BRIGGSDALE COMMUNITY SPORTS COMPLEX
RENOVATION AND ADDITION AND AUTHORIZE CHAIR TO SIGN-STATE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND: Mr. Warden stated the County has agreed to sponsor the
Sports Complex Renovation and Addition, in conjunction with the Briggsdale School District. He stated a
City or County must sponsor the project in order to receive funds from the Great Outdoors Colorado Trust
Fund. He stated funds in the amount of $140,000.00 will be provided for the project. Commissioner
Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Vaad, 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, July 19, 2006 2006-1952
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF C UNTY COMMISSIONERS
E
ta; WELD COU , COLORADO
ATTEST: Pm, 'R
M. J. eile, Chair
Weld County Clerk to the Board I
,_ v , EXCUSED
David E. Long, Pro-Tern
BY: C4ititdt-L-na-
DepuCle Board
Jerke
Robert D. Mas
AVaa d /44`
Glenn
Minutes, July 19, 2006 2006-1952
Page 7 BC0016
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