HomeMy WebLinkAbout20022347.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 26, 2002
TAPE #2002-28
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, August 26, 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
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of August 21, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 21, 2002, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1338,Molly Elliott. CommissionerJerke seconded the motion,which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,078,086.60
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
2002-2347
BC0016
OLD BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - SIPRES LOUNGE INC., DBA SIPRES LOUNGE (CON'T FROM 08/21/2002): Bruce Barker,
County Attorney, stated the Sheriffs Office did submit a memorandum detailing the reported incidents
related to this liquor establishment. In response to Commissioner Masden, Mr. Barker stated two
employees did attend the last alcohol severs'training class hosted by the Sheriffs Office. Responding to
Commissioner Geile referencing Section 12-2-40, Mr. Barker stated there is no evidence that the applicant
is out of compliance with the findings which justify refusal to renew. In response to Commissioner Masden,
Mary Sipres, owner, stated she has six employees, and she is also present during the hours of operation.
She stated her bartenders do not serve patrons who are intoxicated,and the security guard at the entrance
prohibits patrons from entering if they are intoxicated. She explained there are also two security guards
which serve inside the establishment and then rotate throughout the parking lot after the bar closes to clear
the parking lot. She stated if they do encounter a disturbance, the people involved are detained while the
Sheriff's Office is contacted to come and address the situation. Responding to Commissioner Jerke, Ms.
Sipres stated they do require identification for all who enter the premises. Commissioner Geile moved to
approve said renewal application based on the testimony of the Sheriffs Office and the owner, and he
stated he finds no evidence of noncompliance with Section 12-2-40. Commissioner Long seconded the
motion. Commissioner Jerke stated he does not support the motion, because he is uncertain of the
threshold for determining what constitutes probable cause for setting a Show Cause hearing. Upon a roll
call vote, the motion carried, with Commissioner Jerke opposed.
NEW BUSINESS:
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 14, 2002 - AMERICAN CANCER SOCIETY: Mr. Barker stated the event will be on
September 14, 2002, and he has reviewed the application materials and recommends approval.
Commissioner Masden moved to approve said application. Commissioner Geile seconded the motion,
which carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
AMERICAN CANCER SOCIETY, ROCKY MOUNTAIN DIVISION: Commissioner Masden moved to
approve said application and authorize the Chair to sign. Commissioner Long seconded the motion,which
carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR ENHANCED DISLOCATED WORKER FUNDS AND
AUTHORIZE CHAIR TO SIGN: Linda Perez, Department of Human Services, stated this request will
provide Enhanced Dislocated Worker funds, in the amount of $31,245.13. She stated it will be used to
deliver core,intensive,and training services to dislocated workers in Weld County. Commissioner Masden
moved to approve said Expenditure Authorization and authorize the Chair to sign. The motion was
seconded by Commissioner Long, and it carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 16 AT WCR 51: Frank
Hempen, Jr., Director of Public Works, recommended the installation of "Stop" signs on Weld County
Road 16 at Weld County Road 51. He stated Weld County Road 51 has been stabilized to accommodate
heavy road traffic due to a large development under construction, and once the construction is complete,
the roadway will be paved. Commissioner Long moved to approve said installation. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 10 AT WCR 65; AND ON
WCR 65 AT WCR 8: Mr. Hempen stated Weld County Road 65 was recently paved and the intersection
with Weld County Road 10 needs to be modified from"Yield"signs to"Stop"signs. He further stated there
is a school at the intersection of Weld County Roads 8 and 65. He stated they recently redued the speed
Minutes, August 26, 2002 2002-2347
Page 2 BC0016
limit for southbound traffic on Weld County Road 65, and he now recommends reduction of the speed for
northbound traffic, so traffic traveling either direction slows as it approaches the school. Responding to
Commissioner Jerke, Mr. Hempen stated traffic can turn left or right prior to reaching the school; however,
the traffic should still reduce its speed to safely maneuver the turn. He further stated the signs will be
located 750 to 1,000 feet from the intersection. Commissioner Masden moved to approve said installation
of traffic control devices. Commissioner Jerke seconded the motion. Commissioner Masden commented
the constituents in this area requested he express their gratitude for the improvements to this segment of
roadway. There being no further discussion, the motion carried unanimously.
CONSIDER AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION SERVICES PROGRAM
AND AUTHORIZE CHAIR TO SIGN - BEHAVIORAL INTERVENTIONS, INC.: Jan Zuber, Community
Corrections Board, stated this agreement will provide an additional vendor for non-residential intensive
supervision services. She explained the Department of Corrections will select which vendor to use for each
individual. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Long, which carried unanimously.
CONSIDER AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE SUPERVISION
PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN -BEHAVIORAL INTERVENTIONS, INC.: In
response to Commissioner Jerke, Ms. Zuber stated in the past The Villa has been the sole vendor;
however,when Behavioral Interventions, Inc.,was established,it approached the County requesting it also
be considered as a vendor option. She explained the parole department decides which program will best
serve each particular client. She explained this is not a facility for in-house treatment, it only provides
various types of analysis. Commissioner Long moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER RESOLUTION RE: UPDATE LIST OF ARBITRATORS FOR PROPERTY VALUATION
APPEALS: Mr. Barker stated arbitration is one of the options to property valuation appeals, therefore, the
list of arbitrators is updated and approved each year, so the information is current if an arbitration is
requested. Commissioner Geile moved to approve said Resolution. Commissioner Long seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER MOBILE HOME PERMIT, ZPMH #2307 - RICHARD CARLSON: Wendy Inloes, Department
of Planning Services,gave a brief description of the location of the site and stated the applicant was unable
to obtain the required 70 percent of surrounding property owner signatures. She stated staff recommends
approval of this request because it does meet the criteria of Section 23-4-150. Ms. Inloes submitted two
letters of opposition, marked Exhibits A and B, and stated the property is also in violation and scheduled
in court on Friday. In response to Chair Vaad, Ms. Inloes stated the building permits for the new residence
have been applied for, and will be released pending approval of this matter. Richard Carlson, applicant,
was provided copies of the letters of opposition for review. He stated the mobile home is currently sitting
on Lot B, and it will be used to house workers who will be constructing the new residence. He explained
the workers would also assist him with maintaining the farm. Ms. Inloes stated the applicant has not
referenced the use for workers prior to today,which may alter staff's recommendation. Mr. Carlson stated
he understands this permit is temporary, renewed every six months, for up to 18 months. He stated he
may apply for an accessory to the farm permit at a later time once the residence is complete. Bethany
Salzman, Department of Planning Services, stated the noncommercial junkyard still needs to be
addressed, and whether this is approved or denied, it will be addressed separately in court. Mr. Barker
suggested referring the matter back to staff for further review and reanalysing the recommendation based
on the intentions of the applicant. She stated 30 days would be adequate for review. Commissioner
Masden moved to continue this matter to September 23, 2002, at 9:00, to allow additional time for staff to
review. Commissioner Geile seconded the motion, which carried unanimously.
Minutes, August 26, 2002 2002-2347
Page 3 BC0016
PROBABLE CAUSE HEARING FOR USE BY SPECIAL REVIEW PERMIT#654 - PERMAGREEN, C/O
MR. ROXY VENDENA: Ms. Salzman gave a brief description of the location of the site and stated this
hearing was initiated as a result of several complaints received from surrounding property owners. Ms.
Salzman stated that several violations were noted, and she discovered that there have been previous
Probable Cause hearings regarding this operation. Ms. Salzman reviewed the violations as noted in her
case summary and what would be required to correct the situation. She requested a Show Cause Hearing
be scheduled is approximately 90 days. Responding to Commissioner Masden, Ms. Salzman stated the
applicant has met with staff; however, no significant improvements have been made,yet he does have the
necessary consultants to assist in correcting the problem. Responding to Commissioner Geile, Cindi
Etcheverry, stated the compost consists of cow manure; however, she has not received the information
required by the State Compost Regulations regarding the material types, amounts, and procedures. She
stated this site is difficult to regulate because the operation was approved in 1985 with less restrictive
regulations. In response to Commissioner Masden, Ms. Etcheverry stated the compost did catch fire,
which may have been from spontaneous combustion. She stated staff also has concerns with surface and
groundwater contamination.
Roxy Vendena, Jr., stated his father owns the property, and they have been operating for approximately
25 years. He stated they have a plant in Arvada,which has been operating since 1950, packaging organic
soils, which are sold to stores and garden centers. He explained the site in question does receive manure
from local dairies for stockpiling. They combine the manure with leaf and lawn trimmings, and then
compost the material in windrows. He stated they did experiment with poultry manure in the late 1980's;
however; due to complaints, they removed the material. He stated there are three or four other facilities
in the area which had fires and the Fire Department has indicated it appears children in the area may have
been setting the fires. He stated they brought in fill dirt which worked to smother the fire. Mr. Vendena
stated the trash reported by staff was filtered from the fill dirt, bailing twine that comes in with the manure,
and trash thrown from passing traffic. He stated approximately 90 percent of the debris has been
removed. He further stated they have 15 employees, and they do have an engineer to help bring the site
into compliance with current regulations. Mr. Vendena stated he is certain they will be able to bring the
site into compliance within the next 90 days based on the information he has received from the engineer.
He further stated they will work to maintain and control the weeds, and he explained once the compost is
finished they will move it to the Arvada site for packaging. In response to Chair Vaad, Mr. Barker stated
if the site is brought into compliance within the next 90 days, the Show Cause would be dismissed.
Commissioner Jerke moved to find there is sufficient probable cause to schedule a Show Cause hearing
for November 18, 2002, at 10:00 a.m., to consider whether or not said Use by Special Review should be
revoked for failure to comply with certain Conditions of Approval and Development Standards as cited in
the Resolution. Commissioner Geile seconded the motion. Commissioner Jerke commented because the
State is involved, it is better to follow through the process and he suggested the applicant work diligently
to address the concerns of staff and resolve the situation so that they may be allowed to continue providing
this valuable service to the public. There being no further discussion, 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, August 26, 2002 2002-2347
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WED. COUNTY, C LORADO
ATTEST: gtetki�/ 4 _,� �.. Lam` !As , , 64.4A
GI Vaad, Chair
Weld County Clerk tot B.: ` =' (� (�
1861 '�^' c
�" DaV�E. Long, Pro-T
BY: :/ , 1i, 's;. .s
Deputy Clerk to the Bo `� EXCUSED DATE OF PPROVAL
M. J. Geile
H. Jerk i\mejL
Robert D. Masden
Minutes, August 26, 2002 2002-2347
Page 5 BC0016
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