HomeMy WebLinkAbout20030940.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 9, 2003
TAPE #2003-11
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, April 9, 2003, 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 David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke - EXCUSED
Commissioner Glenn Vaad
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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of April 7,2003,as printed. Commissioner Geile seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on April 7, 2003, 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, c/o Roxy Vendena. Commissioner Geile seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: The following was added under New Business: 1) Consider temporary
closure of WCR 15 between WCR 50 and North 4th Street (Town of Johnstown) [2003-0938]; and
2)Consider Lifting Temporary Summary Suspension of Hotel and Restaurant Liquor License-RJML, LLC,
dba La Maravilla [2003-0955].
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2003-0940
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $821,376.16
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
PRESENT DIGITAL CAMERA, PRINTER, AND ACCESSORIES FOR DARKROOM BID - SHERIFF'S
OFFICE CRIME LAB: Mr. Warden presented the three bids received. Said bid will be considered for
approval on Wednesday, April 23, 2003.
APPROVE FUEL-DIESEL, UNLEADED AND REGULAR, AND PROPANE BID - DEPARTMENT OF
PUBLIC WORKS: Mr. Warden stated Sapp Brothers Truck Stops withdrew its bid, therefore, the
Department of Public Works recommends approval of the sole bid from Agland, Inc. Commissioner Vaad
moved to approve said bid as recommended by staff. Commissioner Geile seconded the motion, which
carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 15 BETWEEN WCR 50 AND NORTH 4TH STREET
(TOWN OF JOHNSTOWN): Frank Hempen, Jr., Director of Department of Public Works, stated Weld
County Road 15, from the Johnstown City limits north to Weld County Road 50 will be closed for road
construction. In response to Commissioner Vaad, Mr. Hempen stated closure notification signs have been
posted for the closure beginning April 14, 2003, and ending June 13, 2003. Commissioner Vaad moved
to approve said temporary closure. Commissioner Geile seconded the motion,which carried unanimously.
(Switched to Tape #2003-12.)
CONSIDER LIFTING TEMPORARY SUMMARY SUSPENSION OF HOTEL AND RESTAURANT LIQUOR
LICENSE - RJML, LLC, DBA LA MARAVILLA: Mr. Barker stated on Monday, April 7, 2003, the Board
approved the Temporary Summary Suspension for a Hotel and Restaurant Liquor License issued to RJML,
LLC, dba La Maravilla. He stated since that time the licensee has been working with the State and County
Departments of Public Health and Environment, as well as the Weld County Department of Building
Inspection, to address the outstanding issues regarding the septic system and well. Mr. Barker submitted
copies of various items of correspondence, marked Exhibits A through F. He stated based on discussions
with the licensee, staff recommends a temporary Certificate of Occupancy be issued and the Temporary
Summary Suspension be lifted,conditional upon written documentation being submitted to the Weld County
Department of Public Health and Environment of approval from the Colorado Department of Public Health
and Environment for the water system. Mr. Barker referred to an E-mail from Bradley Simons, District
Engineer for the Colorado Water Quality Control Division, detailing what needs to be done for the well,
including reconnecting the chlorination system. Further conditions include submitting a written revised
evaluation from the licensee's engineer regarding the service capacity for the septic system, submitting a
letter from the licensee agreeing to the limited capacity for the restaurant and dance hall portions of the
premises, and posting of occupancy limits, which shall also be incorporated into the requirements of the
Hotel and Restaurant Liquor License. Mr. Barker stated the temporary Certificate of Occupancy will be
effective for 180 days, during which time the licensee will be required to receive a permit for, and have
installed, a new septic system to handle the capacity, and/or install a reverse osmosis system on the water
system. Connie O'Neill, Weld County Department of Public Health and Environment, stated Mr. Simons
did meet with the licensee to review the requirements for approval of the system. She stated there is the
potential for the nitrate level to be higher than what is allowed for drinking water; however,the licensee did
submit two drinking water samples for testing. She stated if the system is not able to maintain the allowed
drinking standards,the licensee will be required to install a reverse osmosis system. She further stated the
Minutes, April 9, 2003 2003-0940
Page 2 BC0016
well is less than 100 feet deep, which is at risk for being under the influence of surface water
contamination. She stated the licensee has the option of doing a Microscopic Particulate Analysis, but it
is a lengthy process. She stated the licensee has opted to proceed with installing a filtration system, and
add the reverse osmosis system if the test results show a nitrate level exceeding 10 milligrams per liter.
Ms. O'Neill stated a reverse osmosis system will have a more intense impact on the septic system;
however, since the licensee will need to upgrade the septic system within 180 days, she feels that could
be taken into account when designing the new system. Responding to Commissioner Masden, Ms. O'Neill
stated the well and septic system are existing on the property, but are in need of upgrades. Char Davis,
Department of Public Health and Environment, stated she visited the site last night and stated the septic
system and leach field are on the north side of the building. She further stated the well is on the south side
of the building, which is approximately 100 feet away. Commissioner Masden expressed concern with
close proximity of the septic and water systems in relation to the health, safety, and welfare of the patrons.
Ms. O'Neill stated the licensee will be required to submit quarterly bacteria and nitrate test results. Ms.
Davis added the locations and proximity will also be taken into account by the engineer for the new design
of the septic system. She stated staff met with the licensee at the site yesterday, and he is very willing to
bring the site into compliance so he can begin operation. Jeff Reif, Department of Building Inspection,
stated once he receives confirmation from the Department of Public Health and Environment that all the
necessary issues have been addressed, he will release the temporary Certificate of Occupancy.
Responding to Commissioner Masden, Mr. Reif stated the septic system is not typically shown during the
site plan review process. Mr. Barker stated in this case the site plan does show the location of the leach
field, as well as a secondary leach field in the Union Pacific Railroad right-of-way. Mr. Rodriguez stated
he has a lease for that portion of the property. He explained that expanding the septic system will also
require an expansion of the leach field as determined by the engineer. Responding to Commissioner Geile,
Ms. O'Neill reiterated if the Nitrate level exceeds 10 milligrams per liter, a reverse osmosis system will be
required. She stated the Colorado Department of Public Health and Environment is willing to allow
quarterly monitoring to determine the average nitrate level prior to requiring a reverse osmosis system.
She further stated if the level exceeds 10 milligrams per liter,the licensee will be required to install a nitrate
removal system and post notices of the health risks for children and pregnant women, as well as provide
bottled water. She stated the State will do the tests and be responsible for enforcement. Mr. Rodriguez
stated he hired a professional to assist with the water treatment system for the well. He stated he plans
to complete most of the requirements today for submittal to the State. He requested the suspension be
lifted so he can commence with the restaurant business as soon as the necessary approvals are received.
Responding to Commissioner Geile, Mr. Rodriguez stated he has discussed annexation with the Town of
Fort Lupton; however, the Town is not in agreement with this business. He concurred that annexation
would resolve the issues of suitable public water and municipal sewer. Chair Long reviewed the conditions
of lifting the Temporary Summary Suspension for the record. Responding to Chair Long, Ms. O'Neill stated
two nitrate tests have already been done, and two more need to be completed within the next 180 days,
which will account for some seasonal fluctuations. Mr. Rodriguez stated during the interim he will provide
bottled water, use plastic plates to reduce the water load, and install a pressure tank as discussed with the
Department of Public Health and Environment. Commissioner Vaad moved to lift the Temporary Summary
Suspension for the Hotel and Restaurant Liquor License issued to RJML, LLC, dba La Maravilla, based
on finding that the health safety and welfare will be addressed with the Conditions as proposed by staff.
Commissioner Geile seconded the motion. Mr. Barker clarified the suspension will not be effective until
the temporary Certificate of Occupancy is issued. He further stated the capacity limit will be made part of
the Hotel and Restaurant liquor license, and if and all the conditions are met and the temp Certificate of
Occupancy is issued, the hearing set for April 21, 2003, can be dismissed. Upon a call for the vote, the
motion carried three to one, with Commissioner Masden opposed.
Minutes, April 9, 2003 2003-0940
Page 3 BC0016
CONSIDER PETITION TO VACATE AN IRREGULAR PORTION OF JOHNSON STREET, EAST OF THE
TRAVELED WAY, EAST OF THE INTERSECTION WITH WILLIAMS AVENUE, SUBJECT TO
DEDICATED AND RECORDED EASEMENTS -HUPP/DEATH/MARTINEZ: (Clerk Note: Chair Long
recessed the Board meeting until 10:00 a.m. to consider this matter concurrently with Resubdivision,
RS #1031.) All testimony relates to both cases and detailed minutes of this discussion may be found in
Hearing Certification#2003-25. Commissioner Geile moved to approve the request to vacate an irregular
portion of Johnson Street. Commissioner Vaad seconded the motion, which 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 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
���� W COUNTY, COLORADO
ATTEST: LAO IE He,
vid E. Long, C air
Weld County Clerk to the ar
t
Robert D. den, Pro-T m
r.`
BY:
Deputy Clerk to the Board \,,
. J. eile
EXCUSED
Willia . Jerk���
Glenn Vaad
Minutes, April 9, 2003 2003-0940
Page 4 BC0016
Hello