HomeMy WebLinkAbout20051763 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 15, 2005
TAPE #2005-27
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, June 15, 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, Jenny VanEgdom
Controller, Barbara Eurich
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of June 13, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinances #2005-5 and
#2005-6 by tape. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, PLANNING COMMISSION -TONYA STROBEL: Chair Jerke read the
certificate into the record, recognizing Ms. Strobel for serving a year on the Planning Commission.
RECOGNITION OF SERVICES, BUILDING TRADES ADVISORY COMMITTEE-SAM AINSWORTH AND
GARY SHIRONAKA:ChairJerke read the certificates into the record,recognizing Mr.Ainsworth for serving
eight years on the Building Trades Advisory Committee, and recognizing Mr. Shironaka for serving three
years on the same committee.
2005-1763
BC0016
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COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barbara Eurich, Controller, presented the following warrants for approval by the Board:
All Funds $179,959.29
Commissioner Vaad moved to approve the warrants as presented by Ms. Eurich. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT 2005 SAND SEAL PROJECT BID: Pat Persichino, Director of General Services,read the name
of the sole bidder into the record.Said bid will be considered for approval on Wednesday,June 29, 2005.
CONSIDER CHEST X-RAYS BID- HEALTH DEPARTMENT: Mr. Persichino recommended the sole bid
from Greeley X-Ray Group be rejected, since the cost quoted per x-ray is considered excessive. Mr.
Persichino stated he would like to pursue an arrangement with Diversified X-Ray Group, who currently
provides X-ray services at the Weld County Jail. Responding to Chair Jerke, Mr. Persichino stated the
bidding process allows him to seek bids from vendors who are currently under contract with Weld County.
Commissioner Masden moved to reject said bid. The motion, which was seconded by Commissioner
Vaad, carried unanimously.
APPROVE LEASED MOTORGRADERS BID - DEPARTMENT OF PUBLIC WORKS (CON'T FROM
06/01/05): Mr. Persichino recommended that the low bid from Colorado Machinery, LLC be accepted. He
stated the lease for twelve motorgraders is for a 36-month term. He further stated the cost for the
motorgraders will be $1,655 each per month; however, two of the graders will have rippers and will cost
$1,717 per month, and one grader will have front wheel assist and rippers and will cost$1,913 per month.
Commissioner Vaad moved to approve said bid. The motion,which was seconded by Commissioner Long,
carried unanimously.
APPROVE COPIER BID-PRINT SHOP(CON'T FROM 06/01/05): Mr. Persichino recommended that the
low bid from Capital Business Systems,for the Lanier Copier#LD090 be accepted. He stated the purchase
price,with options,totals$21,200.94. Commissioner Geile moved to approve said bid. The motion,which
was seconded by Commissioner Masden, carried unanimously.
NEW BUSINESS:
FIRST READING OF ORDINANCE #2005-5, IN THE MATTER OF REPEALING AND REENACTING
CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE: Bruce Barker, County Attorney,
stated the proposed changes were discussed previously in a work session with the Board. TrevorJiricek,
Department of Public Health and Environment, stated the changes include corrections to provide more
flexibility for the agricultural community,as allowed under State rule. Responding to Commissioner Long,
Mr. Jiricek stated that the changes do not contain requirements regarding lot size. Commissioner Vaad
moved to approve said Ordinance on First Reading. The motion,which was seconded by Commissioner
Masden, carried unanimously.
FIRST READING OF ORDINANCE#2005-6, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS,AND CHAPTER 23 ZONING, OF THE WELD
COUNTY CODE: Mr. Barker stated minor modifications are proposed,and some material has moved from
Chapter 23 to Chapter 14,under the Health Department Section.Commissioner Masden moved to approve
said Ordinance on First Reading. The motion, which was seconded by Commissioner Long, carried
unanimously.
Minutes, June 15, 2005 2005-1763
Page 2 BC0016
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST GARY DEGGE AND WESTERN EQUIPMENT AND TRUCK, INC., C/O ALBERTO
LOYA FOR VIOLATION OF THE WELD COUNTY CODE:ChairJerke called up the next item of business
to be discussed concurrently with this item. Commissioner Geile stated he received a phone call stating
Mr. Loya would not be present until 10:00 a.m. Bethany Salzman, Department of Planning Services stated
the violation letter she sent to Mr. Loya incorrectly stated the hearing time as 10:00 a.m. After obtaining
approval from the public in attendance,ChairJerke recessed this item of business until 10:00 a.m.,to allow
Mr. Loya to be present for the proceedings.
CONSIDERAPPLICATION FOR A TEMPORARYASSEMBLY OF MORE THAN 350 PERSONS ON JUNE
25,JULY 2,JULY 9,JULY 16,JULY 23,JULY 30,AUGUST 6,AUGUST 13,AUGUST 20,AND AUGUST
27,2005-ALBERTO LOYA: ChairJerke recessed this item of business until 10:00 a.m.,to allow Mr. Loya
to be present for the proceedings.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1000-STENERSON,OLSON
AND LOWREY DEVELOPMENT, LLC:Jacqueline Hatch, Department of Planning Services,stated the letter
of credit in the amount$445,139.00 is sufficient for the proposed improvements for Final Plan PF#1000.
Responding to Chair Jerke,Ms. Hatch stated this development is a nine-lot residential development,south
of Highway 66 and west of Weld County Road 3. Don Carroll, Department of Public Works, stated the
development will have a 24-foot paved road with gravel shoulders. Commissioner Geile moved to approve
said agreement, authorize the Chair to sign, and accept collateral. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
(Recess until 10:00 a.m.)
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST GARY DEGGE AND WESTERN EQUIPMENT AND TRUCK, INC., C/O ALBERTO
LOYA FOR VIOLATION OF THE WELD COUNTY CODE: Upon reconvening, Bethany Salzman,
Department of Planning Services, gave a description of the location and summarized the events which
brought this item before the Board.She stated staff received an initial complaint by phone on May 5,2005;
however,after numerous attempts,staff was not able to make contact with the complainant. Ms.Salzman
stated another complaint was received on May 20,2005,she completed a site inspection on May 23,2005,
and received an additional complaint regarding the property on May 24,2005. She stated Alberto Loya was
present at a May 10, 2005,violation hearing in which a similar horse racing violation case was presented.
She stated a violation letter was sent to Mr. Loya on May 24, 2005, and the application for Temporary
Assembly permits was received on May 26, 2005. She stated staff recommends that the horse track
remain closed until a Use by Special Review permit is granted. Mr. Barker stated according to Section
12-1-20 of the Weld County Code,the Board may grant a Temporary Assembly permit for a single event;
however, proper zoning of the property is required for the issuance of a permit for multiple events. He
further stated the violation has come before the Board because the property in question is not properly
zoned for horse racing activities. Mr. Barker stated obtaining a Temporary Assembly permit does not
correct the zoning violation;therefore, a Temporary Assembly permit cannot be issued for more than one
event. Responding to Commissioner Geile,Mr. Barker further clarified that a Temporary Assembly permit
is not needed for an event with less than 350 attendees; however, adequate zoning is still needed for the
property on which the event is to be held. Responding to Commissioner Geile, Ms. Salzman stated after
receiving complaints,and conducting the site inspection,she notified Mr. Loya of the violation by letter. She
further stated she has been in contact with Mr. Loya's consultant,Todd Hodges,who requested a meeting
following the hearing today.
Minutes, June 15, 2005 2005-1763
Page 3 BC0016
Don Carroll, Department of Public Works, stated he has met with Mr. Loya and Mr. Hodges regarding the
Use by Special Review application, and made his usual remarks regarding the site plan. Responding to
Commissioner Jerke, Mr. Carroll stated the access to the property is through Section Line 39, across the
property, and then north to the facility. Chair Jerke stated his concerns about the intersection of Weld
County Roads 39 and 28,and Commissioner Masden commented there is also heavy oil field traffic at the
said intersection. Mr.Carroll stated improvements needed at the intersection have been discussed as part
of the conditions for the Use by Special Review Permit.
Alberto Loya distributed informational sheets, marked Exhibits A, B, and C. Mr. Loya stated he has been
researching this venture for close to a year, has hired a consultant, and is in the process of applying for
Use by Special Review permit; however, he has some septic issues that need to be resolved before
continuing. Mr. Loya stated he received a letter from a surrounding property owner who had concerns
regarding dust,and he is taking steps to correct that issue with water trucks. He further stated he has met
with Sheriff John Cooke regarding traffic concerns, and will meet with Deputy Ken Poncelow on June 16,
2005. Mr. Loya further stated he has a background in security work, currently runs an insurance agency,
and doesn't want to jeopardize his commendable status in Weld County. Responding to Commissioner
Geile, Mr. Loya stated he has had three events in which he invited horse owners and their guests to the
racetrack,with less than 350 attendees. He further stated the events started around 1:00 p.m.and lasted
until approximately 8:00 p.m., with five to eight races held at each event. Responding to Commissioner
Geile, Mr. Loya stated he hadn't previously submitted an application for a Temporary Assembly permit
because he was under the assumption that a permit was not needed if less than 350 people attended the
event. He further stated he would like to have up to 1,000 attendees; therefore, the application for the
Temporary Assembly permit was submitted before he received notification of the Zoning Violation.
Responding to Chair Jerke, Mr. Loya stated he held races on three Sundays in May; May 7, May 14, and
May 21, 2005. Mr. Barker reiterated that the permission needed to run races is the proper zoning of the
property, or a Use by Special Review Permit. Mr. Loya stated he was confused, because he was under
the assumption that he could apply fora Temporary Assembly permit for up to ten events per year,and was
not aware of the zoning regulations.
Angie Boko,surrounding property owner to the south,stated on May 21,2005,she heard loud music inside
her home from mid-morning until late evening,and during the afternoon hours she could hear the crowd and
announcer. She stated traffic was increased in the area,and since the event she has seen people roaming
around the area at night, and has heard several gunshots fired. She stated she is not against the spirit of
what Mr. Loya would like to do;however she would like the peace and quiet that rural living allows,especially
on the weekends, and believes Mr. Loya should consider another property to conduct the races.
Responding to Chair Jerke, Ms. Boko clarified her property is over a mile away from the track.
Cathy Jones,surrounding property owner to the southwest,stated she was upset about a track being run
illegally near her property, and she was not contacted by Mr. Loya regarding his intentions of operating a
race track. She stated she moved to Weld County from Adams County in order to raise a family in a rural
setting away from the intrusions of noise and high-volume traffic. She further stated she was the
complainant who notified the Sheriffs Office on May 21,2005,on the basis of a noise complaint. Ms.Jones
stated there is a steady flow of oil field traffic on the roads, and she believes adding traffic from the track
will create more potential for accidents in the area, as many drivers will not know the County Roads well.
She stated she believes the agricultural rights of surrounding landowners will be taken away if a business
is allowed to operate in Agricultural zoning. Responding to Commissioner Masden, Ms.Jones stated the
races last until 8:00 or 9:00 p.m., essentially lasting until it is dark outside.
Mr. Loya stated he appreciates the concerns of the neighbors, and wants to work with the neighbors to
solve the issues presented regarding noise. He stated lighting will not be installed on the property because
events will not happen after dark, and firearms are not allowed on the property. He stated he didn't send
Minutes, June 15, 2005 2005-1763
Page 4 BC0016
notification to the residences of Ms. Boko and Ms. Jones because their residences are over a mile away.
Responding to Commissioner Long, regarding issuing ten Temporary Assembly permits, Mr. Barker re-
stated the issuance of up to ten Temporary Assembly permits is based upon an approved Use by Special
Review Permit,or the correct zoning of the property pursuant to Section 12-1-20 of the Weld County Code.
Commissioner Geile acknowledged he values the concerns of the neighbors. He stated Mr. Loya needs
to communicate with counsel and receive the correct interpretation of the Weld County Code. Responding
to Commissioner Geile, Chair Jerke disagreed and stated Mr. Loya has had counsel since March, was
present at the Gittlein Violation hearing regarding a race track issue discussed at length,and has knowledge
that appropriate documentation is needed to continue the Use by Special Review process. Responding to
Chair Jerke, Mr. Baker stated legal action in this case would consist of obtaining a Cease and Desist Order
until the appropriate permits are acquired. He explained if the case is forwarded to the County Attorney's
Office without specific direction to see a Cease and Desist Order, it could potentially be perceived that Mr.
Loya may proceed with events of less than 350 people until a determination is made on the zoning matter.
Kim Ogle, Department of Planning Services, stated staff has prepared a list of standards to be followed,
should the Board allow Mr. Loya to remain in operation. Chair Jerke stated he is opposed to granting
permission to operate because doing so would be contradictory to other cases. He further stated there
should be no operation without a Use by Special Review Permit. Commissioner Vaad stated the Board
has no discretion to grant the Temporary Assembly permits. Commissioner Masden confirmed that
approving the Temporary Assembly permits would be inconsistent,and further stated Mr. Loya is taking a
risk by starting a business, and the County cannot provide him a trial of ten events to ensure the success
of the business. Commissioner Long stated he believes Mr. Loya had the proper intent in this case;
however, there was a breakdown of communication, and too many assumptions were made. He stated
there is too much confusion between staff and Mr. Loya, and time is needed by Mr. Loya to allow him to
understand what he is requesting. Commissioner Geile stated the conclusions Mr. Loya came to were not
of bad intent,and he proceeded the best way he could with the information given to him. He further stated
that Mr. Loya needs more time with counsel, so that he can make the best decision. Commissioner Geile
moved to continue Authorization for the Weld County Attorney to proceed with legal action until
August 3, 2005, at 9:00 a.m. The motion was seconded by Commissioner Long. Upon request for a roll
call vote, the motion carried three to two, with Chair Jerke and Commissioner Masden opposed.
CONSIDER APPLICATION FOR ATEMPORARYASSEMBLY OF MORE THAN 350 PERSONS ON JUNE
25,JULY 2,JULY9,JULY 16,JULY23,JULY30,AUGUST6,AUGUST 13,AUGUST 20,AND AUGUST
27,2005-ALBERTO LOYA: Based on the previous discussion,Commissioner Vaad moved to deny said
application. The motion, which was seconded by Commissioner Masden, carried unanimously.
Commissioner Long commented to Mr. Loya that even with a denial presently,future requests will still be
considered, after obtaining a Use by Special Review Permit. Chair Jerke reminded Mr. Loya that simply
applying for a Use by Special Review permit does not guarantee that a permit will be issued.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinances #2005-5 and #2005-6 were approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, June 15, 2005 2005-1763
Page 5 BC0016
There being no further business, this meeting was adjourned at 11:40 a.m.
1! �' BOARD OF COUNTY COMMISSIONERS
I / /�% WELD COUNTY, COLORADO
/1861 70
nr William H. J ke, Chair
�r ` . n lerk to the Board
%'1T N .
M. ile, Pr -Tem
- i�
i
Deputy CI-rk t t e Board
David E. Long
Robe D. Masde
Glenn Vaad
Minutes, June 15, 2005 2005-1763
Page 6 BC0016
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