HomeMy WebLinkAbout20032891.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 15, 2003
TAPE #2003-39
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, October 15, 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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of October 13, 2003, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on October 13,2003,as follows: 1) Community Development Block Grant(CDBG)Hearing to
allow citizens to review and comment on whether to submit an application for the Owens-Brockway Glass
Container, Inc. Commissioner Geile seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, REGIONAL COMMUNICATIONS ADVISORY BOARD - DANNY
SANDOVAL: Chair Long read the certificate recognizing Danny Sandoval for his service on the Regional
Communications Advisory Board. Mr. Sandoval was not present to receive his award.
2003-2891
BC0016
RECOGNITION OF SERVICES,PLANNING COMMISSION-BERNARD RUESGEN AND FRED WALKER:
Chair Long read the certificates recognizing Bernard Ruesgen and Fred Walker for their work on the
Planning Commission. Neither were present to receive their awards. Commissioner Vaad commended
Fred Walker,who began his term on the Planning Commission in 1996 at the same time Commissioner
Vaad served as Planning Commissioner. Commissioner Vaad stated Mr.Walker was a worthyspokesman
and advocate for the farming community and property owners of agricultural property during his tenure on
the Commission,and he expressed his personal gratitude,as well as the gratitude of the Board and citizens
involved in agriculture.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $462,248.40
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
APPROVE REBAR FOR BRIDGE#3/14 REPLACEMENT BID, DEPARTMENT OF PUBLIC WORKS: Mr.
Warden stated the Department of Public Works recommended approval of the low bid from Barnsco West,
Inc. Commissioner Geile moved to accept the low bid from Barnsco West, Inc., in the amount of
$26,167.00. The motion, which was seconded by Commissioner Masden, carried unanimously.
NEW BUSINESS:
CONSIDER COMPLIANCE WITH CONDITION F OF RESOLUTION, AND REQUEST FOR INCREASE
IN OCCUPANCY NUMBERS-RJML, LLC, DBA LA MARAVILLA RESTAURANT: Bruce Barker, County
Attorney,stated La Maravilla Restaurant was issued a Hotel Restaurant Liquor License in March,2003,and
in April and problems were found with the septic system in terms of the number of people in the
establishment at one time. The Board of County Commissioners temporarily suspended the liquor license
for approximately one week,during which time it gathered information on the load capacityof the septic and
water systems. After the week,the Board expunged the temporary hold on the license because the owner
voluntarily limited numbers in the dance hall to 350 and the seating capacity to 60 seats, limited the number
of meals served to 158 meals per day, limited the hours of operation to 11:00 a.m.to 7:00 p.m.daily for the
restaurant, as well as decided to use single service use articles for all meals, such as paper plates and
plastic silverware,to reduce the load on the water and septic systems. The Resolution approved on April
21, 2003 included Condition of Approval#F, requiring a temporary Certificate of Occupancy to be issued
for a period of 180 days, which expires on October 17, 2003. Mr. Barker stated that during the 180-day
period, La Maravilla Restaurant must receive a permit for, and have installed, a septic system; or amend
the Site Plan to reflect the limited occupancy for both the area where food service is to occur and the dance
hall portion of the licensed premises,as well as any other capacity limitations. Mr. Barker stated the issue
before the Board at this time is to determine whether the condition has been met or is in the process of
being met;and consider the request of Mr. Rodriquez,who has asked for an increase in the numbers. Mr.
Barker stated a report from Church and Associates, Inc.,was received yesterday,dealing with loads on the
septic system, which is the basis of the request by Mr. Rodriquez for an increase in numbers. He also
stated if the Board desires to leave the capacity numbers at the current level, Mr. Rodriquez will need to
submit an application fora Site Plan amendment to the Department of Planning Services. Responding to
Commissioner Geile, Mr. Barker stated the capacity limit of 350 people in the dance hall was tied into the
Minutes, October 15, 2003 2003-2891
Page 2 BC0016
load capacity of the septic system and had nothing to do with the traffic impact. He also stated the liquor
license for this facility will expire on March 10,2004,which is the appropriate time to consider the workings
of the facility,including any incidents which have occured,problems encountered with traffic,and how well
security guards are doing in terms of directing traffic. Mr. Barker stated this hearing should deal only with
the issues of the water and the septic system. Responding to Commissioner Masden regarding the report
from Officer Tuttle discussing occupancy levels at various times,which stated the facility was exceeding
the capacity limits by possibly 100 people last weekend, Mr. Barker stated the capacity in the facility is
relevant, as well as the method used to count people. Mr. Barker stated he requested the report from
Deputy Tuttle to determine various capacity levels being maintained and to verify whether the applicant was
complying with the restrictions. Commissioner Masden stated he will want to look further at compliance
with the capacity limits, with an excess of at least 100 people reported on one occasion. Trevor Jiricek,
Department of Public Health and Environment,stated a problem has come up because of a non-regulatory
water sample drawn by staff on Monday,showing bacteria at an acceptable level and nitrates at 16,which
is above the State standard of 10 milligrams per liter. Mr. Jiricek stated Mr. Rodriquez has also taken a
sample in the last few days, but he has not yet received the results. Mr. Jiricek discussed the possibility
of the State requiring installation of a reverse osmosis system or an alternative water source,which may
place an additional load on the septic system. Deputy David Tuttle, Sheriff's Department, responded to
Commissioner Masden's earlier comments, stating there is a problem trying to estimate the size of a
crowd, because each deputy does it differently. He stated he is not certain how the Deputy arrived at his
estimate, and all other indications are the applicant is trying to comply with the limitations. Deputy Tuttle
stated he is not sure how much weight should be given to one estimate by itself. Responding further to
Commissioner Masden, Deputy Tuttle stated security was dealing with the issue of five people inside the
bar who were overly intoxicated and the one Minor In Possession.
Ruben Rodriquez,applicant,stated capacity limits are maintained by a security officer who has a counter
used to count everyone entering the facility,and then allowing others to enter on a one-to-one basis when
people leave the facility. Mr. Rodriquez stated in the case of the minor in the bar,the security guard did his
job by escorting the minor out. He further stated they take pictures of any minors found in the bar and do
not let them back in. Mr. Rodriquez stated his request to increase the capacity is based on at least 100
people every Saturday night waiting in the parking lot for admission. He stated he has been monitoring the
water usage with frequent meter readings, and he is only using one-half of his allowed amount, which is
approximately 1,200 gallons on the busiest nights. Mr. Rodriquez also stated he has been in conversation
with Fort Lupton regarding annexation,and he has the form to fill out for that; however, he hopes to delay
the annexation request fora period not to exceed one year because bringing water and sewer to his facility
at the current time would cost approximately$1 million due to installation of a lift station costing$400,000.
However, if he waits six months to one year, the cost would be reduced to approximately$80,000, due to
a 120-home development in the area and a new business venture in the area. By waiting until those
developments bring the water and sewer into the area,he would drastically reduce his cost. Mr. Rodriquez
stated he does have a meeting with Fort Lupton on November 6,2003,regarding the annexation procedure.
Responding to Commissioner Vaad about why Fort Lupton, who previously asked for denial of this
application,would now be in favor of annexation,Mr. Rodriquez stated the Chief of Police has changed,and
the Town has been impressed with traffic control and lack of problems in the bar,as well as the low number
of incidents. Commissioner Geile stated his concern with increasing the capacity limits is the water sample
showing a high nitrate level. Mr. Rodriquez stated he also ran a test sample, and the bacteria level was
okay, with the nitrate level at 15 milligrams per liter. He stated he asked Bret Simmons, Colorado
Department of Public Health and Environment,what he can do with the facility, however, Mr. Simmons said
nothing can be done because of the fertilizers in the area, which may cause nitrates to be higher. Mr.
Rodriquez stated Mr. Simmons said they would run another test in three months. Mr. Jiricek stated Mr.
Simmons is the District Engineer, and when there is a sample showing excess levels, he needs to
resample immediately. He stated bottled water will also be required for the establishment, and the
restaurant will have to formulate a long-term solution to the water supply. Commissioner Masden stated
Minutes, October 15, 2003 2003-2891
Page 3 BC0016
he agrees with Commissioner Geile and he is not in support of increasing the capacity levels. He feels that
an increased capacity would add to the load capacity on the septic system, and the water test shows
nitrates at 60 percent over allowed levels,which will require a reverse osmosis system or alternative water
supply that may increase the load on the septic system even more. Responding to Chair Long, Mr.Jiricek
stated La Maravilla was meeting Condition#F on the septic side, and is not exceeding the capacity of the
septic system,and is in compliance with state rules; however,the new samples will probably change that
status. Responding to Commissioner Geile, Mr. Jiricek stated it is not necessary to reduce the number of
patrons allowed in the facility at present;however,an alternative water source will need to be determined,
such as Fort Lupton water or a reverse osmosis system, which may increase the load on the septic
system. Kenneth Hamilton,Church and Associates,questioned whether a separate dry well for salts would
be allowed,rather than having it go into the septic system. Mr.Jiricek stated he has not permitted dry wells
in the last decade, and he will have to review that suggestion before commenting.
Chair Long stated Condition #F has been met in regards to the septic system; however, it would only be
met with regards to water if the establishment changed to bottled water. Mr. Rodriquez stated he has been
using bottled water for drinking during the entire time,and he spends$100 to$200 for bottled water each
week. Responding to Chair Long, Mr. Rodriquez stated no well water is being consumed in the restaurant,
it is only used in mixed drinks. Responding to Chair Long, Mr. Barker stated the request is to increase the
dance hall numbers from 350 to 600, and reduce the number of meals served from 158 to 80. Mr. Barker
referenced the second page of Mr. Hamilton's report under"Conclusions"explaining the capacity could be
increased provided the meals were reduced. Mr. Barker stated that reducing the number of meals from 158
to 80 moves the establishment away from a classification of a restaurant to one of a tavern, which is not
how it is licensed. Mr. Rodriquez stated approximately 80 meals per day are served each weekend,with
30 meals on weekdays. Mr. Barker stated that, procedurally, he advised Mr. Rodriquez to leave the
numbers the same on the plat for the Site Plan Review until the Board of County Commissioners heard his
request for an increase, and the alternative to compliance with Condition#F is to stay at those numbers.
Mr. Barker stated the first issue is the water system, because if the State requires a reverse osmosis
system based on the high nitrate levels, it will need to be dealt with in terms of the septic system load. He
stated the second issue is that the information from Mr. Hamilton was based on his analysis of the High
Plains Engineering evaluation,and if you look at the second page under the paragraph"Limitations,"it states
that excavations into the drain field would be required to assess its current condition. Therefore,
excavations may need to be done to determine the appropriate numbers to use. Mr. Barker stated a
Temporary Certificate of Occupancy may be extended by Board action. Responding to Chair Long
regarding the water, Mr.Jiricek stated any water for consumption,including mixed drinks,would have to be
from a supplementary supply. Val Vigil,Accountant for Ruben Rodriquez,stated the establishment would
actually be reducing numbers by going from 158 to 80, since it has never served over 100 meals per day;
therefore,the restaurant would not be reducing what is being served, only reducing the allowed capacity.
Commissioner Geile stated concern that, if not for this recent water sample,even with a commitment from
Mr. Rodriquez to use bottled water,there is still well water being used in the operation of the establishment
in mixed drinks. He stated this facility and the surrounding issues are becoming more and more
complicated,and he does not feel comfortable determining appropriate levels without knowing what action
the State will require;therefore, he would propose a 180-day extension of the Certificate of Occupancy to
allow time for State action. He stated annexation would be nice; however, it appears to be a future event,
not an impending one. Commissioner Vaad stated he supports the six month extension,and he has been
swayed by the report of the Sheriff's Office; however, he feels it is at its current capacity. He is, however,
uncertain how to deal with the use of bottled water for human consumption. Commissioner Masden stated
he is also in agreement, and has doubts about increasing the capacity at this time. Responding to Chair
Long,Mr.Jiricek indicated the State will make a determination on whether to require bottled water,therefore,
no action is necessary by the Board. Mr.Jiricek stated there will probably be a confirmation sample drawn
prior to any action being taken by the State. Commissioner Geile stated he did receive a call from an
Minutes, October 15, 2003 2003-2891
Page 4 BC0016
individual in Fort Lupton who was concerned about the number of people in the dance hall, reporting as
many as 850 people. He stated Mr. Rodriquez, in his own best interest, should be aware that, with a
continued capacity limit of 350, people in the area are watching the establishment,and will not hesitate to
call when it appears the numbers are being exceeded. Commissioner Geile moved to extend Condition#F
for 180 days, thereby extending the Temporary Certificate of Occupancy for 180 days with the current
capacity limitations. The motion,which was seconded by Commissioner Vaad,carried unanimously. Mr.
Rodriquez explained that,with the large dance floor,when people are standing on the sidelines instead of
being on the dance floor, it appears that too many people are present.
PLANNING:
CONSIDER REQUEST FOR PARTIAL VACATION OF USR#415 FOR AN OPEN CUT MINE OPERATION
FOR GRAVEL - KEITH OLSON, AGGREGATE MINING, C/O FRONTIER MATERIALS: Kim Ogle,
Department of Planning Services,stated this request was a Condition of Approval for Recorded Exemption
#3523. He said he contacted the Colorado Division of Minerals and Geology,which informed him that the
Mined Land Reclamation Permit, issued in 1980,is inactive. Mr.Ogle stated there is no mining activity on
site, and one small pond was created. Commissioner Vaad moved to approve said request for partial
vacation of Use By Special Review Permit#415. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),ACCEPT COLLATERAL,AND AUTHORIZE CHAIR
TO SIGN,FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#622,THE ESTATES AT HILL LAKE-
SHULTZ FARM, INC., C/O STEVE SHULTZ: Mr. Ogle stated staff has reviewed the improvements
agreement and found the amounts to be sufficient,therefore,he recommended acceptance. Responding
to Commissioner Vaad, Don Carroll, Department of Public Works, stated this does border Weld County
Road 13,which is a strategic corridor,and the additional rights-of-way have been considered. Mr. Carroll
also stated the power poles have already been moved to the new location. Mr. Carroll further stated he
reviewed the agreement and feels adequate quantities and cost is included to complete the project.
Commissioner Vaad moved to approve said agreement,authorize the Chair to sign,and accept collateral
as presented. Seconded by Commissioner Geile, the motion 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, October 15, 2003 2003-2891
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL UNT , COLORADO
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Minutes, October 15, 2003 2003-2891
Page 6 BC0016
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