HomeMy WebLinkAbout20023042.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 20, 2002
TAPE #2002-38
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, November 20, 2002, 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 Glenn Vaad, Chair - EXCUSED
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of November 18, 2002, 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 November 18, 2002, as follows: 1) Hearing to show whether good cause exists for
revocation of Use by Special Review Permit #654 for a Fertilizer Storage, Mixing, Loading, and Sales
Operation, Permagreen Products Company, Go Roxy Vendena. Commissioner Geile seconded the
motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2002-3042
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $260,669.40
Electronic Transfers -All Funds $883.76
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT COMMISSARY SERVICES BID - SHERIFF'S OFFICE: Mr. Warden presented the three bids
received for commissary services which provide accounting services and manage the sale of goods to the
inmates. Said bids will be considered for approval on Monday, December 9, 2002.
PRESENT BANKING SERVICES BID-DEPARTMENT OF FINANCE: Mr.Warden presented the four bids
received. Said bids will be considered for approval on Monday, December 9, 2002.
APPROVE SNOW PLOW BLADES BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated the
Department of Public Works recommends approval of the low bid from Wylaco Supply Company, in the
amount of $12,751.00. Commissioner Masden moved to approve said bid as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - THE
FORT 21, LTD., DBA THE FORT 21: Bruce Barker, County Attorney, stated the dance hall licenses are
renewed on an annual basis. Responding to Commissioner Geile, Mr. Barker stated he is not aware of
any problems at this establishment. Commissioner Masden moved to approve said application.
Commissioner Geile seconded the motion. No public testimony was offered concerning this matter. There
being no further discussion, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE: Mr. Barker stated this establishment is required to renew its
Dance License on an annual basis, and he is not aware of any incidents since the renewal hearing.
Commissioner Jerke commented because he opposed the renewal application, he will also oppose
approval of this application. No public testimony was offered concerning this matter. Commissioner
Masden stated he lives in this area and he is also opposed to this application based on the problems in
the area generated by this establishment. Commissioner Geile moved to approve said application;
however, there was no second so the motion failed. Commissioner Masden moved to deny said
application. The motion was seconded by Commissioner Jerke. In response to Commissioner Geile, Mr.
Barker stated if this matter is denied the owner could appeal the decision through a 106 action. He stated
this is not a quasi-judicial hearing, rather, it is an administrative consideration. Mr. Barker stated the
applicant may request a reconsideration of this matter. Responding to Mr. Warden, Mr. Barker explained
this expires on an annual basis, therefore, the Probable Cause and Show Cause process does not apply.
Commissioner Geile commented that although there is a questionable history with this applicant, he feels
there should be a tangible basis for a denial. Mr. Barker explained there is no State statute outlining any
criteria concerning this type of permit and he is not aware of one being denied in the past. He stated it may
be appropriate to have the applicant in attendance to address the matter. Responding to Commissioner
Jerke, Mr. Barker stated this is separate from the liquor license, and it does not follow the same steps for
consideration; however, he feels the Statute regarding this issue is somewhat antiquated. He stated if
dances are publicized with no permit, it can result in a criminal penalty, but not against the law for patrons
Minutes, November 20, 2002 2002-3042
Page 2 BC0016
to start dancing of their own free will. Mr. Barker stated because it is not a standard procedure to notify
the applicant, he feels it would be appropriate to continue the matter to allow the applicant an opportunity
to have input in the decision. The motion to deny the application failed. Commissioner Jerke moved to
continue this matter to December 9, 2002, at 9:00 a.m. to allow adequate time for the Clerk to the Board's
Office to notify the applicant of this discussion and of the future meeting date. Commissioner Geile,
seconded the motion, which carried unanimously.
CONSIDER RENEWAL APPLICATION FOR CLUB LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - EATON COUNTRY CLUB: Mr. Barker stated all of the documentation is in order and he
recommends approval. Commissioner Jerke moved to approve said application. Commissioner Masden
seconded the motion. No public testimony was offered concerning this matter. The motion carried
unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - EATON
COUNTRY CLUB: Mr. Barker stated this establishment is required to renew its Dance License on an
annual basis, and he is not aware of any incidents or concerns. No public testimony was offered
concerning this matter. Commissioner Jerke moved to approve said application. Commissioner Geile
seconded the motion, which carried unanimously.
CONSIDER CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO
SIGN -JULIE BOWER: Gary McCabe, Director of Paramedic Services, stated this is a standard contract
use for all candidates who are sent to paramedic school. He stated Julie Bower has met all necessary
requirements of experience and education and he recommends approval. Responding to Commissioners
Jerke and Geile, Mr. McCabe stated under this contract, Ms. Bower agrees to work for the County for two
years, in return for the County covering the cost of her education. Commissioner Jerke moved to approve
said contract and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN-
HCA-HEALTHONE, LLC: Mr. McCabe stated this is a standard contract under which HCA-HealthONE,
LLC, will provide clinical experience at Swedish Medical Center in exchange for ride along experience for
the students. Commissioner Masden moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RECOMMENDATION FOR APPOINTMENT TO GREELEY/WELD COUNTY HOUSING
AUTHORITY: Commissioner Masden moved to recommend the appointment of Carol Mellin to the
Greeley/Weld County Housing Authority. Commissioner Jerke seconded the motion, which carried
unanimously.
CONSIDER ACCEPTING AMENDED STATEMENT OF PURPOSE FOR BOXELDER SANITATION
DISTRICT:Lee Morrison,Assistant County Attorney,stated special districts that predate the requirements
of filing, are required to file a statement of purpose. He stated the Boxelder Sanitation District has
operated in Larimersince the 1960's,and recently annexed areas in Weld County. He stated the amended
Statement of Purpose includes service in Weld County. He explained the District has provided evidence
of its recognition under the Larimer/Weld Water Quality Management Plan(208 Plan)boundary. He stated
the District has met the necessary criteria to be recognized as a service provider in Weld County.
Responding to Commissioner Geile, Mr. Morrison stated the amended Statement of Purpose recognizes
the District as a service provider in Weld County, it is not a 208 permit. He stated State statute recognizes
that if the District expands its service plan, the County has the opportunity to request an updated service
plan or statement of purpose. He further stated future boundary changes will not require an amended
Statement of Purpose. Ravindra Srivastava, engineer and general manager for the Boxelder Sanitation
Minutes, November 20, 2002 2002-3042
Page 3 BC0016
District,stated two years ago they began discussing servicing areas in Weld County. He stated the impact
of Fort Collins has created a need for service in the northern areas of the Front Range. No public
testimony was offered concerning this matter. Commissioner Geile moved to accept said amended
Statement of Purpose for the Boxelder Sanitation District. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT FORM OF COLLATERAL FOR AMENDED SITE PLAN REVIEW, SPR #99 - MOBILE HOME
SERVICES: Chris Gathman, Department of Planning Services, stated on November 7, 2002, the
Department of Planning Services received a Letter of Credit, in amount $3,695 for amended Site Plan
Review#99. Don Carroll, Department of Public Works, stated he has verified that the road base and curb
stops are adequate. Responding to Commissioner Masden, Mr. Carroll gave a brief description of the
location of the site. Mr. Gathman stated the company will store various models and ages of mobile homes,
and a Condition of Approval requires the owner to screen the entire site with fencing. Kristy Cichorz,
owner, stated they move the mobile homes to the site for storage, and take deposits,therefore, if a mobile
home is not claimed, they have the funds to haul it to the dump. She stated they have been in business
for 12 years, and although there are similar operations which have caused problems in the County, they
are a reputable business. Ms. Cichorz stated they currently store 80 mobile homes at another location and
they have not had any problems during the four years they have been at that site. She further stated the
unclaimed mobile homes are taken to the dump located at 88th and Tower where they are crushed. In
response to Commissioner Long, Ms. Cichorz stated they do not have time to do salvage work. She stated
they specialize in storage, primarily for banks. They also buy newer mobile homes, which they are
generally able to sell within several months. Responding further to Commissioner Masden, Ms. Cichorz
reiterated they do not have time for refurbishing or salvage work because she and her husband only have
one employee. She further stated they intend to store 30 to 40 mobile homes at this new site.
Commissioner Jerke moved to approve said agreement, authorize the Chair to sign, and accept the form
of collateral for Site Plan Review #99 for Mobile Home Services. Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#289-
MHG, LLC, DBA HOME LUMBER AND SUPPLY: Mr. Gathman stated at the request of the property owner,
staff conducted a site investigation for improvements on Lots 11, 12, and 13, Block 1, of the Rademacher
Business Park. He stated the site was found to be in compliance and staff recommends release of the
collateral, in the amount of$67,950.00. Responding to Commissioner Geile, Mr. Gathman gave a brief
description of the location of the site. Commissioner Geile commented this is near the Town of Mead and
it may be wise to notify the Town to ensure the County is not approving a project that may be contrary to
the Town's design standards. Don Carroll, Department of Public Works,stated he retained$3,000 for one
year to ensure the asphalt was suitable, and following his site inspection, he recommends full release.
Commissioner Masden moved to cancel and release said collateral for Site Plan Review#289 for MHG,
LLC, dba Home Lumber and Supply. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PAN REVIEW, SPR#324-
HOME LUMBER AND SUPPLY COMPANY: Mr. Gathman stated this is for Lot 10 of same property
described in the previous item of business. He stated staff recommends release of collateral, in the
amount of $10,000. Commissioner Geile moved to cancel and release said collateral for Site Plan
Review#324 for Home Lumber and Supply Company. Commissioner Jerke seconded the motion,which
carried unanimously.
Minutes, November 20, 2002 2002-3042
Page 4 BC0016
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
WELD COUNTY, COLORADO
ATTEST: L /te(/( ��j EXCUSED
� GI n Vaad, Chair
Weld County Clerk to th .oa .
r Davi . Long, Pro-Tei
BY: i./� . I_'1�,i► _
Deputy Clerk to the B. rd' EXCUSED DATE OF PROVAL
`�• ` y M. J. Celle
Ilia H. Jerke
N\6-
Robert D. Masden
Minutes, November 20, 2002 2002-3042
Page 5 BC0016
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