HomeMy WebLinkAbout20030334.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 3, 2003
TAPE #2003-04
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, February 3, 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
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 January 29, 2003, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance #2003-2 by tape.
Commissioner Masden seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on January 29, 2003, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1406, Ronald and Michele Sack. Commissioner Geile seconded the motion,which carried
unanimously.
AMENDMENTS TO AGENDA: The following was deleted from New Business: 4) Consider Application
for License to Conduct Public Dance of Dances - RMJL, LLC, dba La Maravilla [2003-0316]
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2003-0334
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $464,158.81
Electronic Transfers -All Funds $1,034,297.30
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP REQUEST FOR LIQUOR LICENSE
FROM SIPRES LOUNGE, INC., DBA SIPRES LOUNGE, TO TEODULO VARELA, INC., DBA TEO'S
LOUNGE AND GRILL, FOR A TAVERN LIQUOR LICENSE, AND AUTHORIZE CHAIR TO SIGN: Bruce
Barker, County Attorney, stated the application materials are complete, the applicant has paid the
necessary fees, and they do have control of the premises and business. Mary Sipres, previous owner,
spoke on behalf of the new applicant, Teodulo Varela. She stated they do not plan to make any changes
to the current operation. In response to Commissioner Geile, Mr. Barker stated each liquor applicant is
required by State law to provide the necessary training to their employees. Ms. Sipres added the current
employees will continue under the new ownership, and they have already completed the necessary
training. Any future employees will be required to go through formal training. No public testimony was
offered concerning this matter. Commissioner Geile moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - TEODULO
VARELA, INC., DBA TEO'S LOUNGE AND GRILL: Mr. Barker stated this is an application to conduct
dances at the licensed premises, and it will be up for renewal on an annual basis. Commissioner Vaad
moved to approve said application. Commissioner Geile seconded the motion,which carried unanimously.
CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A
COMMISSIONER TO MAKE ON-SITE INSPECTION, AND SETTING THE HEARING DATE
CONCERNING THE APPLICATION OF RJML, LLC, DBA LA MARAVILLA, FOR A HOTEL AND
RESTAURANT LIQUOR LICENSE: Mr. Barker gave a brief description of the location of the site and
boundaries for the neighborhood. Diane Goldenstein, attorney, represented the applicant and stated she
is also representing the lawsuit regarding the previously denied application. She requested the
neighborhood boundary be amended to also include the Aristocrat Ranchettes Subdivision, and she
submitted a map, marked Exhibit A. She stated there has been interest in the restaurant and they would
like to include the additional area for purposes of petitioning. Responding to Commissioner Geile, Mr.
Barker stated the applicant previously applied for a Tavern Liquor License, which was denied and is
currently being appealed in court. He further stated the applicant is allowed to apply for a different class
of license, while the previous matter is still under litigation. Ms. Goldstein stated the restaurant is near
completion and will soon be eligible for a Certificate of Occupancy. She stated if this request is granted,
the appeal will be dismissed. In response to Commissioner Masden, Ms. Goldstein stated the entire
premise will still be under the liquor license, with the exception of the portion which has been separated
out for minors. She further stated they will still have ability to conduct dances if that application is granted
following the main hearing on February 26, 2003. Responding to Commissioner Vaad, Mr. Barker stated
the sign will need to be posted by the applicant, a Commissioner needs to be assigned to inspect the site,
and this Resolution will confirm the neighborhood boundaries. Commissioner Vaad moved to establish
the neighborhood as being all of Sections 19, 20, 21, 28, 29, 30, 31, 32, and 33, all in Township 2 North,
Range 66 West of the 6th P.M., Weld County, Colorado, including, but not limited to, the municipal
boundaries of the City of Fort Lupton, and all filing of the Aristocrat Ranchettes Subdivision. His motion
Minutes, February 3, 2003 2003-0334
Page 2 BC0016
also designated Commissioner Masden to make an on-site inspection, and set a hearing date for
February 26, 2003, at 9:00 a.m. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-WALSH PRODUCTION, INC., C/O
LOGAN AND FIRMINE, INC.: Mary Hazen, Assessor's Office, recommended denial for this and the
following three items of business because the original declarations indicated the well head price.
Responding to Commissioner Jerke, Ms. Hazen explained the petitioners now want to deduct certain items
to arrive at a different price. Richard Logan, Logan and Firmine, Inc., represented the petition and stated
they filed oil and gas returns and did not take certain deductions which were allowed. He submitted a list
of allowable deductions, marked Exhibit A, and stated the well head price is entitled to these deductions,
which were also granted to many other companies. Responding to CommissionerJerke, Ms. Hazen stated
if denied, the petitioner will likely appeal the matter to the Board of Assessment Appeals. Commissioner
Jerke moved to deny said petition. Commissioner Geile seconded the motion,which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-UNITED STATES EXPLORATION,
INC., C/O LOGAN AND FIRMINE, INC.: Based on the previous testimony, Commissioner Jerke moved
to deny said petition. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SHEPLER AND THOMAS, INC.,
C/O LOGAN AND FIRMINE, INC.: Based on the previous testimony, Commissioner Vaad moved to deny
said petition. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-BLUE CHIP OIL, INC.,C/O LOGAN
AND FIRMINE, INC.: Based on previous testimony, Commissioner Jerke moved to deny said petition.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER 2003-2004 COMMUNITY SERVICES BLOCK GRANT (CSBG) APPLICATION AND PLAN
AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated most of the
grant resources will be used for transportation of elderly Weld County residents. Commissioner Geile
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Vaad,the
motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT
EASEMENT FOR IMPROVEMENTS TO WCR 15, AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS-IVARAND DONNA LARSON: Frank Hempen,Jr., Director of Department of Public Works,
stated this right-of-way is necessary for the construction of Weld County Road 15 north of the Town of
Johnstown. He stated the County will be responsible for$500 to purchase the one-half-acre parcel which
is being granted through a permanent easement by Ivar and Donna Larson. Commissioner Vaad moved
to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Masden, and it carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 15 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LAUREN AND KAY SANDBERG: Mr.
Hempen stated Weld County will pay$300 for a Temporary Construction Easement which is needed for
the back slopes and miscellaneous construction needs. Responding to Commissioner Masden, Mr.
Hempen stated the temporary easement allows for extra room to move the equipment; however, it will not
be required for the final improvements. Commissioner Vaad moved to approve said Temporary
Construction Easement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
Minutes, February 3, 2003 2003-0334
Page 3 BC0016
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 149 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
GALEN WHITE: Mr. Hempen stated under this agreement the County will pay $500 for a one-half-acre
parcel needed for right-of-way on the west side of the project. He stated the County will also relocate and
reconstruct 1,140 feet of fence. Commissioner Masden moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 149 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
DAVID AND JANESSE GILLESPIE: Mr. Hempen stated under this agreement the County will remove and
relocate 2,140 feet of fence and pay $500 to acquire the necessary right-of-way. Commissioner Geile
moved to approve said agreement and authorize the Chair to sign. The motion, was seconded by
Commissioner Jerke, and it carried unanimously.
CONSIDER LEASE-PURCHASE AGREEMENT FOR MOTOR GRADER #2ZK08067, WITH
AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CATERPILLAR
FINANCIAL SERVICES CORPORATION: Mr. Warden stated this is the standard lease-purchase
agreement for 36 months. He stated the County currently has 37 motorgraders in its fleet and 12 are being
leased. Commissioner Masden moved to approve said lease-purchase agreement and authorize the Chair
to sign any necessary documents. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - ADAMS COUNTY COMMUNICATION CENTER, INC.: Mr. Barker stated this is the
standard agreement for the exchange of GIS data and he recommends approval. Commissioner Geile
moved to approve said agreement and authorize the Chair to sign. Commissioner Vaad seconded the
motion, which carried unanimously.
CONSIDER LEASE FOR WELD COUNTY ROAD GRADER MAINTENANCE BUILDING IN GALETON,
COLORADO,AND AUTHORIZE CHAIR TO SIGN-WEST GREELEY SOIL CONSERVATION DISTRICT:
• Mr.Warden stated the West Greeley Soil Conservation District has requested a temporary lease for space
adjacent to the Galeton grader shed. He stated they will construct a building to store items for security,
which must be removed if the lease not extended. Commissioner Masden moved to approve said lease
and authorize the Chair to sign. The motion was seconded by Commissioner G eile, and it carried
unanimously.
CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR PARAMEDIC SERVICES BILLINGS AND
AUTHORIZE CHAIR TO SIGN - DANTOM SYSTEMS, INC.: Mr. Warden stated the Weld County
Paramedic Service is converting to a new billing system. He explained Dantom Systems, Inc., will take
the information, and send a bill within 48 hours. In response to Commissioner Vaad, Mr. Warden stated
this new system should allow staff to spend additional time on collection rather than billing and tracking
addresses. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE WELD COUNTY TREASURER TO ESTABLISH NORTH
COLORADO HEALTH ALLIANCE TRUST FUND: Mr. Warden stated Dr. Wallace has been working for
the past two years on establishing a mobile clinic which has uniform computer systems that doctors and
various providers have access to. He stated the North Colorado Health Alliance has filed for 5013C status;
however, they have not received a tax identification number from the IRS, so this Resolution will allow the
County to hold funds on a temporary basis to transact business until the tax identification number is
received. Commissioner Geile commented the funds are already in place, this will just allow the Alliance
to move funds and conduct business. In response to Commissioner Jerke, Mr.Warden stated the Alliance
Minutes, February 3, 2003 2003-0334
Page 4 BC0016
is made up of representatives from the Weld County Department of Public Health and Environment,
Sunrise Clinic,and various medical providers in the area. Responding to Commissioner Vaad,Mr.Warden
stated a tax identification number typically takes three to six months to acquire. He further stated if the
tax identification is not granted,the Board will need to reconsider the use of this fund. Commissioner Vaad
suggested adding a paragraph stating the trust fund will cease upon receipt of a tax identification number
from the IRS. Commissioner Vaad moved to approve said Resolution with proposed revision.
Commissioner Geile seconded the motion, which carried unanimously.
FIRST READING OF CODE ORDINANCE #2003-2, IN THE MATTER OF ENACTING CHAPTER 16,
STORMWATER MANAGEMENT PROGRAMS, OF THE WELD COUNTY CODE: Mr. Warden stated on
November 16, 1990, the legislature passed the Clean Water Act for Stormwater Discharge Permits. He
stated Phase Two will begin in March, and Weld County has four concentrated urbanized areas that fall
under that Act. Mr. Warden explained rather than hiring a civil engineer to do the necessary review, the
four designated areas will tie into the municipal programs that are already in place. He stated the
municipal programs include public education and outreach; public involvement and participation; elicit
discharge detection and elimination;construction site runoff control; post construction water management;
and pollution prevention, good house keeping, and municipal operations. He stated there will be
Intergovernmental Agreements with the Cities of Greeley, Evans, Longmont, and Erie, which will require
the above listed programs,with the exception of construction site runoff control and post construction water
management, which will be overseen by the Weld County Department of Building Inspection. He stated
this Ordinance will give Weld County the authority to enforce the items in areas designated by the State
and EPA, and he reviewed the costs and fees in the various areas. No public testimony was offered
concerning this matter. Commissioner Vaad moved to approve Code Ordinance#2003-2 on first reading.
Commissioner Geile seconded the motion. Commissioner Jerke commended staff for their efforts on this
project, but upon a call for the vote, the motion carried with Commissioner Jerke opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2003-2 was 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.
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL. csUNT , TO DO
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ATTEST: Lea / 7 Y- VJ
David E. Long, Ch it
Weld County Clerk to the :oarji`!` Y��a° =�
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'(l � 4/ Robert D. M den, Pro-Tem
Deputy Clerk to the Board
M. J. Geile
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William Jerke
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Glenn Vaad �j
Minutes, February 3, 2003 2003-0334
Page 5 BC0016
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