HomeMy WebLinkAbout20050045.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 5, 2005
TAPE #2005-01
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, January 5, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of January 3, 2005, 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 Long moved to approve the consent agenda as printed.
Commissioner Geile 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 $990,368.00
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
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BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
OLD BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN-RJML,LLC, DBA LA MARAVILLA(CON'T FROM 12/22/04): Bruce Barker,
County Attorney,stated this was continued from December 22,2004,with the stipulation dancing would be
allowed through today, to allow the facility to be open every weekend. He stated the Board of County
Commissioners requested information regarding the septic system and water, and requested further
information from the Sheriff regarding the Stipulation Agreement concerning occupancy as agreed to last
August. Mr.Barker referenced a memo from TrevorJiricek, Department of Public Health and Environment,
reporting the sewage system is designed to handle the amounts currently being processed, and it is well
within the design capacity. Mr. Jiricek's memo also stated the water is supplied by well, the system is in
substantial compliance,and the food service has the required license,with recent inspections showing the
facility to be within substantial compliance. Mr. Barker gave copies of the Code to the Board,showing the
criteria to be used for issuance of Dance Hall Licenses,and stated the Draft Resolution includes the same
Condition of Approval which was placed on the Dance Hall License approved last August. Mr. Barker also
presented copies of the Resolution regarding renewal of the Hotel and Restaurant Liquor License,including
the stipulated Conditions of Approval, and noted the ones that are pertinent to the issuance of the Dance
Hall License. Mr. Barker noted the Sections of the Code which specify the criteria for approval of a Dance
Hall License,and stated the liquor license and service of alcohol are separate issues which should be dealt
with at the renewal hearing for the liquor license. He stated only those dealing with occupancy and use as
a dance hall are at issue. Responding to Commissioner Masden, Mr. Barker stated the criteria includes
traffic.
Les Wiemers,Weld County Sheriff's Office,stated he has been working with the applicant since August,
and he feels the problem areas have improved. He stated the maximum occupancy has been 400
occupants, and there have been no issues other than those normally of concern with liquor licenses.
Responding to Commissioner Masden, Deputy Wiemers stated he has no knowledge of traffic problems,
and that he gathers information from other deputies who are on duty. He stated Security does block traffic,
to prohibit individuals who are leaving the facility from turning left onto Highway 83,thereby diverting traffic
onto the Frontage Road south to the traffic light. Deputy Wiemers stated the traffic control seems to be
working well, and a vehicle with overhead lights is used. Responding further to Commissioner Masden,
Deputy Wiemers stated he is not aware of any noise complaints against the facility,and Ruben Rodriquez,
applicant, stated no one has mentioned noise complaints to him. Mr. Rodriquez stated the subject was
discussed in the August meeting; however, no one has approached him with complaints since that time.
Deputy Wiemers also stated there is no noise ordinance to act on. Responding to Commissioner Masden,
Mr. Rodriquez stated he will work with the surrounding property owners on any problems. Responding to
Commissioner Geile, Deputy Wiemers stated that neither the State Patrol nor the Fort Lupton Police have
brought any problems to his attention, and he stated he does try to keep in contact with both entities.
Commissioner Jerke asked about the pedestrian who was killed on Highway 85,who apparently had been
in this establishment. Deputy Wiemers stated he does not have all the details; however, he was told the
individual was already under the influence when he entered La Maravilla, and that Mr. Rodriquez fed him
and offered him a ride home, although he left before Mr. Rodriquez could give him the ride. Deputy
Wiemers stated that to the best of his knowledge,the individual had not been served at La Maravilla other
than food and water.
Eugene Tardy,Attorney for La Maravilla,stated that in every instance Mr. Rodriquez has performed up to
the stipulations in the agreement reached with the Board in August, 2004. He stated Mr. Rodriquez is not
asking for an increase in the occupancy level, and he requested approval. Mr. Rodriquez stated the
pedestrian who was killed was drunk when he came to La Maravilla and he offered to take him home,and
Minutes, January 5, 2005 2005-0045
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fed him tacos and bottled water; however,when he went out to give him a ride,the individual had already
left. Responding to Commissioner Geile regarding the lack of a report from the State Patrol, Mr. Tardy
stated the Board should act on this matter at this time, since there is no County Ordinance requiring a
public hearing for dance licenses. He stated this matter was carried over from December, and staff had
opportunity to request a report from the State Patrol if desired;and Deputy Wiemers indicated if there were
problems with the State Patrol, he would have known. Responding to Commissioner Geile, Mr. Barker
stated he talked with Jerry Gardner, Fort Lupton Chief of Police,who said there is only a handful of times
they were called to La Maravilla since August, and the situation has improved in terms of resource. He
stated that it is not a big draw on resources at the present time,although he will always be concerned that
a large-scale disturbance may occur;however,it is the same concern he stated when testifying in August.
Chief Gardner stated to Mr. Barker it has not occurred to date,and he would not be able to be present today.
Mr. Barker also stated Captain Metzke at the Colorado State Patrol said access onto Highway 85 has not
been a problem in terms of accidents.
Commissioner Vaad,based on the information submitted,the Memorandum received from the Department
of Public Health and Environment,the fact that there is no testimony indicating the building is inadequate,
the testimony of Deputy Wiemers,the lack of incidents occurring, and Mr. Barker's information regarding
statements made by the State Patrol and Fort Lupton Police Chief, moved to approve the application of
RJML, LLC, dba La Maravilla,for a License to Conduct Public Dance or Dances with the same Condition
of Approval that was included last August, and authorize the Chair to sign. Seconded by Commissioner
Geile, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR EARLY CHILDHOOD EDUCATION
SERVICES AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT RE-3J: Walt
Speckman, Director of Human Services,stated said agreement is with the Hudson School District,for the
Head Start Program, in which we provide special education for them, and they provide some Head Start
services to us. He stated this allows the children to be bused to the closest facility. Commissioner Geile
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,the
motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MEALS AND SERVICES AND AUTHORIZE
CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT RE-3J: Mr. Speckman stated that under this
agreement, meals, snow removal, and building maintenance are provided by RE-3J. He stated the term
is from August 30,2004,through August 30,2005. Commissioner Long moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT(2003-2004)AND AUTHORIZE CHAIR TO SIGN-
CENTENNIAL BOARD OF COOPERATIVE EDUCATIONAL SERVICES(BOCES): Mr.Speckman stated
this agreement is the same as the next item of business; however, BOCES did not ever return a signed
contract to staff and the agreement for the 2003-2004 School Year was never approved. Mr. Speckman
stated staff will watch closer, although it is difficult when vendors do not bill until the end of the year.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT(2004-2005)AND AUTHORIZE CHAIR TO SIGN-
CENTENNIAL BOARD OF COOPERATIVE EDUCATIONAL SERVICES(BOCES): Mr.Speckman stated
this is for the 2004-2005 School Year. Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
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Page 3 BC0016
CONSIDER MEMORANDUM OF UNDERSTANDING FOR HEAD START PROGRAM AND AUTHORIZE
CHAIR TO SIGN - AFFILIATED COMPUTER SERVICES, INC.: Mr. Speckman stated under this
agreement, Affiliated Computer Services, Inc. provides computer services for Head Start; including the
learning lab, at a flat per hour fee of $70.00 per hour. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PRISONER HOUSING AGREEMENT AND AUTHORIZE CHAIR TO SIGN-PARK COUNTY:
Mr. Barker stated the Sheriff has requested approval of this agreement for housing prisoners at Park
County. He stated the terms are the same as currently provided by Washington County. Mr. Warden
stated Park County is currently constructing a 200-bed facility, and plans to house Front Range inmates,
and it is the intent of the Sheriff to line up the agreements for use when needed. He stated the Sheriff does
send Department of Correction inmates to Washington County,and in the future he will send some to Park
County, since the State is at capacity. Mr. Warden further stated that,with overcrowding, approximately
40 inmates are sent out of the County. Responding to Commissioner Geile, Mr. Warden stated the
Department of Corrections inmates are reimbursed dollar for dollar; however, for the others the County
receives Federal money of approximately$250,000,which may have to be supplemented. He stated that
operational costs can be used. Responding to Commissioner Masden, Mr.Warden explained there is a
uniform study completed throughout the State, which sets the cost at $45, although the County's
out-of-pocket cost is approximately$35 and the cost with fixed costs such as the building included, is$50
or$53. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Masden,the motion carried unanimously. Mr.Warden stated that with the 200 additional
beds opening next month, Work Release may open more regular inmate beds, although it would take
coordination with judges and the District Attorney.
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Mr. Barker stated Rob Otterstatter,
Sheriff's Office, stated he has no concerns regarding this renewal. Commissioner Long moved to renew
the Hotel and Restaurant Liquor License for Luz Estela Tarin,dba Taqueria Rancho Alegre,and authorize
the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER DESIGNATION OF BANKS, SAVINGS BANKS AND PUBLIC ASSET POOLS AS
DEPOSITORIES FOR WELD COUNTY FUNDS: Mr. Warden stated State Statute requires the Board
designate financial institutions as depositories for Weld County funds,and the only addition to the list was
New West Bank. Commissioner Geile moved to approve the draft Resolution. The motion, which was
seconded by Commissioner Long, carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO AREA AGENCY ON AGING ADVISORY
BOARD: Commissioner Vaad moved to appoint Elmer Montoya to the Area Agency on Aging Advisory
Board,with a term to expire January31,2007;and to reappoint Beverly Daniel, Michelle Adler, Betty Jones,
Susan Bromley, and Alberto Arriessecq, with terms to expire January 31, 2008. The motion, which was
seconded by Commissioner Masden, carried unanimously.
PLANNING:
CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND USR#1495-
MARCELLEGEUDNER,C/O JESS ARAGON: Michelle Martin, Department of Planning Services,stated
the request is recommended for denial because it is based on a financial need and the request states that,
although the business has been closed since October 15,2004, it would like to reopen before business is
lost. Staff feels no business will be lost if the Pre-advertisement is not approved. Chair Jerke stated that
in his experience it is helpful to have the opportunity for advance planning,even thought a lot of product is
not sold, and since the Use by Special Review will determine whether or not the applicant will be allowed
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to operate his business, it would be more appropriate to have the determination as soon as possible,
therefore,he would consider it a legitimate request. Responding to Commissioner Long,Ms. Martin stated
the Planning Commission will hear the matter on February 1, 2005. Rick Zier, Attorney, stated March is
used for stock piling and purchasing materials,which the applicant cannot do without approval being given.
He stated there are limited amounts of material available in February and March,which are not available
for the entire year once they run out. He also stated the time would be appropriate to allow the facility's
stockpiling ability, because it cannot import materials to the site under its proposed agreement.
Commissioner Vaad stated the applicant will be better served to get the final outcome as soon as possible,
and moved to approve said request for Pre-Advertisement, with the hearing to be scheduled for
February 16, 2005. The motion, which was seconded by Commissioner Masden, 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.
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, January 5, 2005 2005-0045
Page 5 BC0016
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