HomeMy WebLinkAbout20030859.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 31, 2003
TAPE #2003-10 ߓ-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, March 31, 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County
Commissioners meeting of March 26, 2003, as printed. Commissioner Geile seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, AWARD OF FINANCIAL REPORTING ACHIEVEMENT - WELD
COUNTY ACCOUNTING DEPARTMENT: Chair Long read the Certificate of Achievement for
Excellence in Financial Reporting given to the Accounting staff.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2003-0859
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $717,596.60
Electronic $3,542,593.46
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER DUST BLOWING COMPLAINT - STEWART (CON'T FROM 03/24/03): Bruce Barker,
County Attorney, stated this was continued because the Stewarts had not received notification of the
previous hearing. He spoke to Norm Wells, Brighton Soil Conservation Service Office, who stated Mr.
Stewart called and discussed various solutions to the problem. Mr. Barker stated the complaints are
from west of Keenesburg, and the dust is blowing from property adjacent to the town limits. Phil
Brewer, Department of Public Health and Environment, stated Mr. Wells' letter accurately reflects his
findings, and there are one to two inches of silt on the properties lying east of Cedar, which is east of
the subject property. Richard Stewart, property owner, stated he talked to Mr. Wells; however, a snow
fence is not an option, since it would not be possible to keep one up with all the wind blowing. He said
they talked about chiseling, even though reseeding will not work at this time, since grass will not grow
without water. Mr. Stewart stated if he gets irrigation back, he would like to plant hay; however, he will
still have a real prairie dog problem. In response to Mr. Stewart's query, Mr. Barker stated the prairie
dogs are a private property issue, and there is a service available to take care of the problem.
Responding to Commissioner Vaad regarding chiseling the soil, Mr. Stewart stated he would do it if it
would do any good; however, the wind does not blow from the same direction at all times, therefore, he
is not sure whether chiseling would do any good. Mr. Stewart said much of the dust seems to be
coming from the County road, not from his property. Responding to Char Long, Mr. Stewart stated he
is willing to chisel the soil, since that is the only thing he can do to solve the problem. Responding to
Commissioner Geile, Mr. Stewart stated he purchased the farm in 1993 and has very little experience
in agriculture and land management. Responding to Commissioner Vaad, Mr. Stewart stated it would
be one or two weeks before he can have the soil chiseled. No public testimony was given. Mr. Brewer
stated several solutions are to furrow the ground in a direction that is perpendicular to the predominant
wind direction or drill seed of drought resistant grasses. He further stated the Department of Public
Health and Environment has had success with the drought resistant grass seed. Commissioner Vaad
moved to find that soil is blowing from the land in sufficient quantity to be injurious to private property,
an emergency exists, the operation has been in existence for more than one year and the operation is
negligent, that such blowing can be prevented or materially lessened by treatment of the soil, and
property damage to adjacent property appears to be resulting from the blowing soil, and to order the
property owner to chisel, or cultivate, the property by April 15, 2003. The motion, which was seconded
by Commissioner Geile, carried unanimously. Mr. Barker stated a copy of the Findings and Order will
be mailed to Mr. Stewart.
NEW BUSINESS:
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR LICENSE
FROM JERRY SAMBER, DBA DEWEY'S BAR AND GRILL, TO DEWEY'S BAR AND GRILL, LLC,
DBA DEWEY'S BAR AND GRILL, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated this transfer
of ownership is in order to place the operation into a limited liability corporation. He said all
documentation has been received and recommended approval. Commissioner Geile moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
Minutes, March 31, 2003 2003-0859
Page 2 BC0016
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - YE'O JR, INC., DBA BOLDT IN GRILL: Mr. Barker stated the Sheriff's
office has no concerns, and he recommended approval. Commissioner Vaad moved to approve said
renewal and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE
CHAIR TO SIGN - DOROTHY M. ZITEK, DBA HEREFORD PACKAGE LIQUOR: Mr. Barker stated
the Sheriff's office has no concerns, and he recommended approval. Commissioner Masden moved to
approve said renewal and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Mr. Barker
stated the Sheriff's office has no concerns. He recommended approval of said renewal application.
Commissioner Masden moved to approve said renewal and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
MAY 18, 2003 - FRANK'S RIDE FOR CHILDREN, C/O DOUG KEIM: Mr. Barker stated this is in
conjunction with the next item, for the Make-A-Wish Foundation of Colorado, Inc. The Temporary
Permit is to allow over 350 people to assemble at the Dandy Acres Painted Horse Farm. Mr. Barker
stated he has reviewed the application, this is the second or third year for this event, all documentation
has been received, and he recommended approval of both the Temporary Assembly and Special
Events Permits. Commissioner Vaad moved to approve said application and authorize the Chair to
sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
MAKE-A-WISH FOUNDATION OF COLORADO, INC.: Commissioner Vaad moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR HIV TESTING AND COUNSELING AND
AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO AIDS PROJECT: Gaye Akin, Department
of Public Health and Environment, stated this is a sub-contract for HIV testing, and the Department
chose to contract for the service, due to cost-effectiveness. Responding to Commissioner Masden,
Ms. Akin stated approximately 100 individuals are tested annually, and there has been a decrease in
the amount previously completed by the County. (Changed to Tape #2003-11.) Ms. Akin further
stated the front desk staff is now used to schedule, etc., keeping the costs to a minimum.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 72 BETWEEN WCR'S 29 AND 31: Drew Scheltinga,
Department of Public Works, stated this is the location where the gas line exploded near Eaton. He
said no damage was done to the County road; however, the gas company did have to excavate back
into the road to clean up the gas line. Mr. Scheltinga said the road was opened last Thursday evening.
Commissioner Geile discussed whether the County has jurisdiction over assuring the integrity of the
gas line itself, in view of the fact that a second explosion has now occurred on this pipe line.
Responding to Commissioner Geile, Mr. Barker stated our permit did not cover anything with respect to
the integrity of the line, only the right-of-way. Mr. Scheltinga stated our normal interpretation would be
the County Road right-of-way existed long before any easements, and the utility companies acquire
easements in our right-of-way, therefore, there are overlapping easements. He stated we do issue
Minutes, March 31, 2003 2003-0859
Page 3 BC0016
road crossing permits for each location, and the permit places a multitude of requirements on the utility
company, one of which is to maintain and repair the lines. Mr. Scheltinga stated in this case, the gas
company acquired a second permit specifically for the repair. Mr. Barker stated he knows of nothing
that requires the County to follow up on the integrity of the line, however, he will check into the matter.
Commissioner Masden stated he has the same concerns as Commissioner Geile, and he would like to
see a copy of the findings on the gas line explosion. Commissioner Vaad moved to approve said
closure. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO
SIGN - ST. ANTHONY HOSPITAL, C/O ST. ANTHONY PARAMEDIC ACADEMY: Mr. Barker stated
this appears to be the standard agreement; however, Commissioner Geile moved to continue the
matter to Wednesday, April 2, 2003 to allow staff to be present. The motion, which was seconded by
Commissioner Masden , carried unanimously.
PLANNING:
CONSIDER PROBABLE CAUSE HEARING CONCERNING AMENDED USE BY SPECIAL REVIEW
PERMIT#713 FOR A SALVAGE YARD LOCATED IN THE A (AGRICULTURAL) ZONE DISTRICT -
MANUEL BALDERAS, DBA M AND B SALVAGE: Bethany Salzman, Department of Planning Services,
reviewed the case for the record and stated the parcel is approximately 13.65 acres, and proof of
notification of the hearing was received. She said the property, owned by Manuel Balderas, Jr., M and
B Salvage, is currently in violation of Standards #3, #10, and #16, specifically, that vehicles taken to
this facility were not drained of fluids leaving the possibility of leakage onto the ground and leakage
from vehicles which are stored at angles, as well as vehicles being stored in excess of six feet in
height. Ms. Salzman stated this violation was initiated as a result of a complaint received May 16,
2002, subsequent to which she and Cindi Etcheverry, Department of Public Health and Environment,
met with the property owner to discuss options to bring the property into compliance. She further
stated on August 27, 2002, a proposed time line was received from Mr. Balderas, stating that within
two weeks he would begin unstacking cars that were stacked as much as 15 feet high; however, it has
not yet occurred. Additionally, Mr. Balderas discussed improper storage and recycling of fluids,
storage of vehicle batteries and the growth of weeds. Ms. Salzman stated that, while the existing fluids
of the majority of vehicles on site has not yet been addressed, new vehicles currently being brought
onto the site are being emptied of fluids as they arrive; the fluids are currently being stored in proper
containers; and the storage of vehicle batteries and growth of weeds have been corrected. To remedy
the violation, Ms. Salzman stated the property owner must drain all vehicles, thus ensuring adequate
containment of fluids, continue to provide copies of receipts for fluids and battery disposal, and the
stacks of vehicles shall be reduced to less than six feet in height. Ms. Salzman recommended the
Show Cause Hearing be scheduled in approximately four months to allow Mr. Balderas time to remedy
the violation. Mr. Balderas stated he inherited the property approximately four years ago, and prior to
that, it had been operated for approximately twenty years without the fluids being drained from the
vehicles. He stated in 1989 his parents got a Use By Special Review Permit, and he has made every
effort to recycle old oil, although he did not keep records, and to keep the shop clean, and the yard free
from weeds. Mr. Balderas stated he is now keeping records of dates when the oil companies pick up
antifreeze or oil. He said he was trying to restack some areas of the salvage yard; however, 90
percent of the vehicles do not have engines or transmissions, it is difficult to lift the vehicles with a
small fork lift, and it is very dangerous to the operator, as well as time consuming. Mr. Balderas stated
that the price of scrap metal is currently very low, therefore, it would mean a large financial loss to sell
the vehicles for salvage at this time. He said if the price of metal goes up, he would crush most of
them and clean house. Commissioner Vaad stated he understands Mr. Balderas' predicament;
however, the Conditions of Approval and Development Standards for a Use by Special Review Permit
must be met. Responding to Commissioner Vaad, Mr. Balderas explained the problem with draining
the fluids out of vehicles that have been there since before he took over is two-fold. First, there are
approximately 1,000 vehicles which need to be drained, and he would have to drain each one using
Minutes, March 31, 2003 2003-0859
Page 4 BC0016
drip pans, buckets, and a handy-man jack. All the fluids would then have to be carried, by hand, to the
barrels for pickup. Second, it would be very time consuming. Mr. Balderas stated as vehicles arrive,
they are being drained before stacking, and that when he does have a crusher come, the vehicle is
placed on a belt, and there is a built in system that catches the fluids. Responding to Commissioner
Geile regarding the remedy of draining the vehicles, continuing to provide copies of receipts showing
fluids were picked up, and reducing the stacks of vehicles to less than six foot in height, Mr. Balderas
stated he is close to complying with the first two. Chair Long stated it is a dangerous situation to have
the vehicles stacked so high. Responding to Commissioner Vaad, Char Davis, Department of Public
Health and Environment, stated if the vehicles are not currently leaking, there is no imminent hazard. If
they do leak, the owner would be responsible for the cleanup. She verified that as they start to harvest
old cars, the crusher does have a belt to capture fluids, and Ms. Salzman verified they have discussed
that option with Mr. Balderas, and confirmed that Anderson Salvage has a containment unit under its
crusher. Mr. Balderas stated the only problem with crushing at this time is the cost of scrap metal, and
he stated that if a loader is brought in now, he would end up paying to have the vehicles hauled out.
Commissioner Vaad stated our goal is met if the fluids are contained and not leaking or spilling onto
the ground, that staff could periodically monitor whether leakage is occurring and if and when the
vehicles are crushed, Mr. Balderas do it in a way that captures the fluids. Ms. Davis agreed there is
currently no imminent hazard. Responding further to Commissioner Vaad, Mr. Balderas stated he is
stacking vehicles near the center of the property to minimize danger to those passing by.
Commissioner Vaad responded to Commissioner Geile that he believes Mr. Balderas is meeting the
standard for new vehicles, and since the old vehicles show no evidence of leakage at the current time,
the standard would not be violated, although when crushed, the Board should require the crusher with
a containment unit be used. Ms. Salzman stated staff has not been able to walk through the property
to verify whether there is leakage. No public testimony was given. Mr. Balderas stated he may not be
able to unstack 1,000 vehicles in four months, especially if it rains and the ground becomes muddy.
Commissioner Vaad moved to find there is probable cause to set a Show Cause Hearing on July 28,
2003, at 10:00 a.m. The motion, which was seconded by Commissioner Geile, 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, March 31, 2003 2003-0859
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: alai ki ,
. vid E. Lo g, Chair
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Deputy Clerk to the Bo fl 1~
EXCUSED
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Minutes, March 31, 2003 2003-0859
Page 6 BC0016
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