HomeMy WebLinkAbout20042610.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 30, 2004
TAPE #2004-37
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 30, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
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 25, 2004, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on August 25,2004,as follows: 1) Consider Resubmitted Service Plan for Resource Colorado
Water and Sanitation Metropolitan District; 2) USR#1028, Victor and Martiel VonFeldt; 3) USR#1469,
Robert Carpenter and Daniel Lottman, c/o Winters, Hellerich and Hughes, LLC, Attn: Thomas Hellerich
(con't to 10/06/04); and 4) COZ #521, Don and Linda Owens, c/o Coldwell Banker, Attn: Ed Pruss
Commissioner Long seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Ken Poncelow,Sheriffs Office,extended an invitation to the first annual Sheriff's Ball on
September 24,2004 from 7:00 pm until midnight. Mr. Poncelow explained the Sheriff's Ball will benefit the
Explorers program and the Eaton High School Band.
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.
2004-2610
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $694,005.65
Electronic Transfers -All Funds $2,707,446.30
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR LICENSE FROM
TEODULA VARELA, INC., DBATEO'S LOUNGE AND GRILLANDAUTHORIZE CHAIR TO SIGN-SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE(CON'T FROM 08/25/04): Connie O'Neill, Department of Public
Health and Environment,stated the two main issues are the nitrate level in the applicant's water supply and
an existing well that has not been State approved. Ms. O'Neill explained the applicant has received two
compliance advisory letters from the State;one dealing with the nitrate level and the other addressing the
non-compliant well. In response, she stated the applicant hired a certified operator to drill a new well and
will work with the State to complete the required compliance process. Responding to Commissioner Jerke,
Ms. O'Neill stated the current nitrate level was around 28 to 30 milligrams per liter, explaining the current
well is very close to the existing septic system. Trevor Jiricek, Department of Public Health and
Environment, added that the current well is a commercial well and does not meet the State acceptable
water nitrate level of 20 milligrams per liter. Mr. Jiricek stated the applicant will have to submit her intent
to drill a new well, along with accompanying plans,to the State. Mr. Barker reminded the Board that this
is a determination for a transfer of ownership license and the issue before the Board is not the
establishment itself but the character of the applicant. He referenced Sections 12-47-302 and 12-47-307,
C.R.S.,which require the applicant be more than 21 years of age;and the applicant's character,record and
reputation must be satisfactory. He added that the water system is a separate issue and will be handled
by the State. Responding to Commissioner Jerke, Mr. Barker stated the license will be renewed for a year
from when the license comes back from the State. Mary Sipres, owner of Sipres Lounge,stated her family
used to live above the bar but did not drink the water; she stated the new well will be 500 feet deep.
Responding to Commissioner Geile, Mr. Barker confirmed there is no record of liquor license violations.
Commissioner Geile moved to approve the transfer application with a condition stating,"The Licensee shall
offer bottled water and ice produced off-site for consumption by patrons during all hours of operation".
Seconded by Commissioner Long,the motion carried unanimously. Ms. Sipres agreed to the Condition
of Approval. There was no public comment.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - SIPRES
LOUNGE, INC.,DBA SIPRES LOUNGE(CON'T FROM 08/25/04): Mr. Barker stated the dance license will
be renewed through December 31, 2004. Commissioner Geile moved to approve the license to conduct
public dance with a stipulation to provide bottled water and purchased ice. Seconded by Commissioner
Long, the motion carried unanimously. Ms. Sipres agreed to the stipulation.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 51 BETWEEN WCRS 50 AND 54: Frank Hempen, Jr.,
Director of Public Works,stated the road will be closed to replace the deck on Bridge 51/52A. He confirmed
the proposed closure dates are from September 7, 2004 through September 14, 2004. Commissioner
Long moved to approve the temporary closure. The motion,which was seconded by Commissioner Jerke,
carried unanimously.
Minutes, August 30, 2004 2004-2610
Page 2 BC0016
CONSIDER TEMPORARY CLOSURE OF WCR13 BETWEEN WCRS 54 AND 56: Mr. Hempen stated
this closure is to replace the deck material on Bridge 13/54k He added the closure will commence on
September20, 2004 and continue through October 1, 2004. Commissioner Vaad moved to approve the
temporary closure. The motion, which was seconded by Commissioner Geile, carried unanimously.
Responding to CommissionerJerke, Mr. Hempen stated Department of Public Works has been awarded
a federal grant for the actual bridge replacement, which should take place in late 2008 or 2009.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR WCR 47 AND AUTHORIZE CHAIR TO
SIGN - GENEVA A. CLARK LIVING TRUST, GENEVA AND CLARENCE CLARK, TRUSTEES: Mr.
Hempen stated the cost for acquisition of the easement is$500 and includes removal of existing fencing
and relocation to the existing right-of-way. Commissioner Vaad moved to approve the easement. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER REAPPOINTMENTS TO NOXIOUS WEED MANAGEMENT ADVISORY BOARD:
Commissioner Vaad moved to approve the reappointments of Benjamin Farmer and George Beck with
terms to expire August 19, 2007. The motion, which was seconded by Commissioner Geile, carried
unanimously.
PLANNING:
CONSIDER SECOND READING OF CODE ORDINANCE#2004-8, IN THE MATTER OF THE ADDITION
OF ARTICLE XV, HUDSON PLAN,TO CHAPTER 19, COORDINATED PLANNING AGREEMENTS,OF
THE WELD COUNTY CODE: Commissioner Long moved to read the Ordinance by title only.
Commissioner Vaad seconded the motion,which carried unanimously. Mr. Barker read the title into the
record. Monika Mika, Director of Planning Services, recommended approval of the Ordinance. Julie
Grimes,adjacent property owner, requested that her concerns be put into the record regarding the request
for a conservancy easement surrounding Rocky Mountain Energy Center (RMEC). Jim Gooding,
representative for RMEC,stated the budget for 2005 includes creation of a conservation area surrounding
RMEC property. Commissioner Geile moved to approve the second reading of Code Ordinance#2004-8.
The motion, which was seconded by Commissioner Vaad, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Code Ordinance#2004-8 was approved on Second 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, August 30, 2004 2004-2610
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
E1� � BOARD OF COUNTY COMMISSIONERS
WELD COUNV, COLORADO
1861
4/2/14444
/2 . i l
'!%F.c�•' �r� Robert D. Masden, Chair
rk to the Board
UNIT William H. Jerk , Pro-Tem
BY: i . . � �� �� • .
Deputy Clerk to the Board
M. J.
David E Long
Glenn Vaad
Minutes, August 30, 2004 2004-2610
Page 4 BC0016
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