HomeMy WebLinkAbout20062713 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 27, 2006
TAPE #2006-34
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, September 27, 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
Assistant County Attorney, Craig Emil
Acting Clerk to the Board, Jenny Luna
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 25, 2006, as printed. Commissioner Masden seconded the motion, and it 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: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $335,954.33
Electronic Transfers -All Funds $3,066,052.86
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
2006-2713
BC0016
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BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
OLD BUSINESS:
CONSIDER RENEWAL OF 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN-
FIRST HAND MANAGEMENT, LLC, DBA SHELL#7 (CON'T FROM 09/20/06): Bruce Barker, County
Attorney, stated he spoke with the State Liquor Enforcement Division regarding the lease, which ends in
December 2006, and will continue month-to-month afterward. He stated the State has determined that the
lease is acceptable for this type of location, and does not have concerns. He further stated frequent
turnover exists of large companies who control gas stations, and Shell representative, Mark Hamlin, has
informed him of the intent to sell the existing Shell gas stations within the State of Colorado after the end
of the year. Commissioner Jerke moved to approve said renewal and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN- SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE: Mr. Barker stated no concerns were received from the Sheriffs
Office; however, concerns regarding water at the facility were received from the Department of Public
Health and Environment. Trevor Jiricek, Department of Public Health and Environment, reviewed the
concerns listed in the memorandum submitted by the Department. He stated the Department recommends
that the license be temporarily renewed, lasting until December 31,2006, in order to compel the applicant
to comply with State regulations. He further stated the water system at Sipres Lounge does not comply with
the Colorado Primary Drinking Water Regulations,and has been out of compliance for several years. Mr.
Jiricek stated the Colorado Retail Food Establishment Regulations require that the water system complies
with the Primary Drinking Water Regulations. He stated the applicant recently met with a representative
of the Colorado Department of Public Health and Environment and discussed a compliance plan to move
towards compliance.
Jacalyn Roberts,Colorado Department of Public Health and Environment,stated an enforcement order was
issued in 2004 to correct a nitrate level violation. She stated Sipres Lounge has been on an enforcement
order since that time; however, a holdup in the process has occurred, since the contractor hired by the
applicant has not submitted plans and specifications. She further stated the Department has not been able
to approve a process of treatment to move forward with the issue. Ms. Roberts stated the Department
recently issued a letter notifying the applicant that the establishment is out of compliance with the
enforcement order. She stated at a meeting held on Monday, September 25, 2006, the applicant was
advised of the authority and jurisdiction of the Colorado Department of Public Health and Environment and
the Weld County Department of Public Health and Environment, and the applicant now understands her
responsibility. She further stated a verbal agreement has been arranged that the water system will be in
substantial compliance with the enforcement order by December 31, 2006, and the applicant is in the
process of hiring the appropriate consultants to move forward. She stated the applicant has recognized
the need to take responsibility for the project, to ensure its completion. In response to Chair Geile,
Ms. Roberts stated sufficient time exists for the applicant to submit the plans and specifications package
by December 31,2006. She further stated with a competent consultant,the plans and specifications may
be submitted, then the treatment may be installed appropriately.
Mary Sipres, applicant,stated she is now aware of what is going on, and she was depending too much on
the operator to complete tasks; however, no work was being completed. She stated the missing
components were supposed to be completed a long time ago,and from now on she will act as the certified
operator. In response to Chair Geile, Ms. Sipres stated she now has a clear understanding of what is
expected of her. In response to Commissioner Jerke, Ms. Roberts stated high nitrate levels in a public
water system create a public health risk. She stated the nitrate levels exceed both the appropriate primary
and the additional standard levels,and treatment will need to be installed to create safe drinking water. She
Minutes, September 27, 2006 2006-2713
Page 2 BC0016
further stated the applicant has attempted to re-drill a well, which resulted with the same contamination
levels. Further responding to Commissioner Jerke, Ms. Roberts stated a new well will need to be drilled
at a minimum depth of 40 feet. She stated the re-drilling of the well was not approved by the Department;
however,the applicant did have water rights permission through the State Engineer's Office. Ms. Roberts
stated the Department approves the quality of the water,and the re-drill that occurred is in violation of State
regulations. She stated the applicant needs to obtain a certified operator to make the correct decisions,and
the Department has not received the appropriate documentation necessary to move forward. Mr. Jiricek
stated a well was previously re-drilled close to the septic system, and another well has been drilled close
to the irrigation ditch. He stated the appropriate agencies were not consulted prior to drilling the new wells.
Commissioner Jerke stated alluvial water is known to have a high nitrate concentration,and the applicant
has the obligation to deliver clean water to the customers of Sipres Lounge. In response to Commissioner
Vaad,Mr.Jiricek stated the applicant has been granted conditional approval in the past, and the applicant
continues to provide bottled water and bagged ice at the establishment.
Ms.Sipres stated she has been very unknowledgeable about the whole situation,and she did not previously
understand the regulations about drilling wells. Mr. Barker stated the ability to temporarily renew the liquor
license does not exist, since renewals are completed in one-year increments. He recommended issuing
the renewal for a term of one year, with a condition that states the applicant must come into substantial
compliance with the enforcement order by January 1, 2007, and the conditions listed in the Department's
memorandum. He further stated if the applicant does not come into substantial compliance by January 1,
2007, the matter may be brought before the Board for a Show Cause Hearing to consider revocation.
Commissioner Masden stated all of the shallow alluvial water in the area will be high in nitrates, and the
Department will need to work with the applicant to identify a good area to drill the well,and find a reputable
company to drill the well. He stated the applicant has shown good faith; however,a good source of water
must be found. In response to Commissioner Vaad,Ms. Roberts stated the Department considers the first
step to substantial compliance is to be presented with plans and specifications of the process to bring the
water into compliance,which can be completed byJanuary 1,2007. Commissioner Vaad commented that
is very important to enforce the conditions that require the applicant to serve bottled water and bagged ice.
(Changed to Tape#2006-35.) Ms. Roberts stated the interim measures must be in place in order for the
applicant to come into full compliance. In response to Commissioner Long, Mr.Jiricek stated the applicant
will evaluate whether it will be economically feasible to treat the well water to reduce the nitrate level. He
further stated utilizing a reverse osmosis treatment will dump a large amount of wastewater into the septic
system;therefore,the applicant will also need to evaluate the option of placing a new well on the property.
Commissioner Long commented the problem with the water needs to be rectified. Chair Geile stated the
approval of the renewal for a one-year period will be conditional upon the conditions listed by the Weld
County Department of Public Health and Environment, and that the applicant be found in substantial
compliance with the Colorado Primary Drinking Water Regulations, as referred to in Exhibit A, by
January 1, 2006. Commissioner Masden moved to approve said renewal,with the Conditions as stated,
and authorize the Chair to sign. The motion was seconded by Commissioner Long. Upon request for a
roll call vote, the motion carried three to two, with Commissioners Jerke and Masden in opposition.
CONSIDER AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE AND AUTHORIZE CHAIR TO
SIGN-NORTH RANGE BEHAVIORAL HEALTH: Craig Emil,Assistant County Attorney,stated the County
will sell the land for approximately$2.00 per square foot,and the actual total acreage is not yet known,since
the survey has not yet been completed. Mr. Warden clarified that the value assigned to the land is$2.00
per square foot, and a promissary note will be issued. He stated the note will be forgiven after ten years
as are agreements with other area non-profit agencies. In response to Commissioner Jerke, Mr.Warden
stated the actual cash exchange will be$10.00; however, in the event that North Range Behavioral Health
does not utilize the building for the purpose designated in the promissary note,the note will have to be paid
back at a rate of$2.00 per square foot. He further stated the building must be used for the entire ten years
in order to have the promissary note forgiven. Commissioner Long stated this agreement will bring together
a collaborative effort between the County and the needed services in the surrounding area,and the clients
Minutes, September 27, 2006 2006-2713
Page 3 BC0016
will be better served. In response to Commissioner Jerke, Mr.Warden stated a reservation of lands exists
in the surrounding area for future County expansion,and an oil well is located on this parcel,which restricts
the use. He stated there are approximately three to four more available building sites which will satisfy the
County's needs for growth. He further stated North Range Behavioral Health has arranged to plug the oil
well, and the needs of the Department of Paramedic Services have been accounted for. Commissioner
Long commented the City of Greeley vacated a road on the parcel, and the parking lot will be shifted to the
east. Mr. Warden clarified the City of Greeley has agreed to vacate the easement on the parcel.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Jerke. In response to Chair Geile, Mr.Warden stated the City of Greeley must
review and approve the agreement. Mr. Emil clarified that the closing documents will contain the actual
details. There being no further discussion, the motion carried unanimously.
CONSIDERLICENSEAGREEMENTFOR USE AT NO CHARGE OF WELD COUNTYWELL WATER IN
KEOTA, COLORADO AND AUTHORIZE CHAIR TO SIGN-CHARLES LEE: Mr. Emil stated Mr. Lee is
employed by Weld County as a motorgrader operator, and he resides in Keota. He stated the agreement
provides for Mr. Lee to use the County's well for water at no charge while he is employed with Weld County,
similar to a previous agreement between the County and the previous motorgrader operator. He further
stated Mr. Lee will be moving his house to private property, and he would like to be able to utilize the
County's well water. Mr. Warden stated Keota existed as a Town several years ago; however,the Town
unincorporated,and the County was forced to take over the responsibilities of the Town, including assuming
the roads and the municipal well. He stated the former motorgrader operator,Mr. Bevins,had an agreement
to utilize the water as long he lived at the same residence. Mr. Warden stated Mr. Lee is now the
motorgrader operator, and he has acquired a parcel of land from Mrs. Bevins. He stated it is not feasible
to provide permanent access to the water; however, Mr. Lee should be able to utilize the water as long as
he is employed with Weld County. He further stated once Mr. Lee's employment is terminated, he will have
to drill a separate well. Commissioner Vaad moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT#1429-DAVIDANDANNITAALVAREZ,DBABETHEL FAMILY PRAISE CENTER: Jacqueline
Hatch, Department of Planning Services, stated the applicants have submitted a letter, dated
September 22, 2006, requesting full release of collateral. She stated a site visit was completed, and staff
found that the parking spaces were in compliance,therefore,staff recommends full release of collateral in
the amount of$3,300.00. Don Carroll, Department of Public Works,stated the handicapped parking spaces
are in place and are properly striped, and he recommended approval. Commissioner Jerke moved to
approve said cancellation and release of collateral. Seconded by Commissioner Long,the motion carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT#1493-COPART, INC.: Ms. Hatch stated the applicant's representative has submitted a letter,
dated September 14, 2006, requesting full release of collateral for the fencing on the site. She stated Use
by Special Review Permit#1493 was approved on March 30, 2005, and staff recommends release of
collateral in the amount of $19,025.00. In response to Commissioner Vaad, Ms. Hatch stated an
amendment was recently approved, and the amendment did not include the placement of trees in front of
the fence, and no improvements agreement is necessary. Commissioner Vaad moved to approve said
cancellation and release of collateral. 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.
Minutes, September 27, 2006 2006-2713
Page 4 BC0016
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 9:50 a.m.
• BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: n tel/AW 2` Eta 2 de/"
. e eile, Chair
Weld County Clerk to the Board itLsky�, I
Cd4, , - s 4, avi E. Long, Pro-Tem ,
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Wil;.. H. Je e
Robert D. Masdepf
Glenn Vaad
Minutes, September 27, 2006 2006-2713
Page 5 BC0016
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