HomeMy WebLinkAbout20011010.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 2, 2001
TAPE #2001-16
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 2, 2001, 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 M. J. Geile, Chair- EXCUSED
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of March 28, 2001, 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 March 28, 2001, as follows: 1) A Site Specific Development Plan and Amended Use by
Special Review Permit#820,Kerbs Dairy/First Commercial Bank,c/o AgPro Environmental Services, LLC;
and 2) A Site Specific Development Plan and Use by Special Review Permit #1312, Leslie Adams and
Mary Trostel. Commissioner Masden seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was added under Planning: 1) Consider Amended Recorded
Exemption #2624 -Vern West/Denelle Reisbeck [2001-1008]
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY CHILD ABUSE PREVENTION MONTH - APRIL 2001: Commissioner Vaad read the
certificate proclaiming April 2001,as Weld County Child Abuse Prevention Month and presented it to Judy
Kron, United Way of Weld County. Ms. Kron stated child abuse is a serious issue and the Child Abuse
Coalition has been working to implement prevention efforts. Chris Dodd, A Kid's Place, invited the Board
to attend the Light of Home event on Thursday, April 5, 2001, in honor of children who are in the foster
care system.
2001-1010
BC0016
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 $371,627.87
Electronic Transfers -All Funds $32,799.34
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER 2001-2002 COMMUNITY SERVICES BLOCK GRANT APPLICATION AND PLAN AND
AUTHORIZE CHAIR TO SIGN (CON'T FROM 03/28/2001):Walt Speckman, Director of Human Services,
stated this is a standard application for funds which will be used for the Senior Transportation Program.
He stated the grant will also subsidize senior center coordinators, senior activities, and the Single Entry
Point Program. Commissioner Long moved to approve said application and plan and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
JERRY SAMBER, DBA DEWEYS: Bruce Barker,County Attorney, reviewed the three findings which must
be made by the Board prior to approval. He stated the site has been brought into compliance with the
zoning regulations, and the applicant has completed the necessary application materials. Commissioner
Long stated he visited with the applicants last week and they thought this matter was going to be
considered on Wednesday, therefore, they are not in attendance today. Commissioner Masden moved
to continue said application to Wednesday, April 4, 2001, at 9:00 a.m. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES (MODIFICATION TO PREMISES)
AND AUTHORIZE CHAIR TO SIGN-ROMANCE, INC.,DBA CLUB ROMANCE/LUCKY STAR: Mr.Barker
stated modifications were previously made to the premises that were not reported. He reviewed the
proposed changes, and requested this matter be continued to allow adequate time for one of the
Commissioners to visit the site to ensure the modifications are complete. Commissioner Jerke moved to
continue said application to April 9, 2001, at 9:00 a.m., and to appoint Commissioner Long to review the
proposed modifications prior to that date. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES (MANAGER REGISTRATION)AND
AUTHORIZE CHAIR TO SIGN - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR: Mr. Barker
stated at the renewal hearing the applicant indicated that Ruben Rodriguez was the manager. He
explained that Mr. Rodriguez is in the process of applying for a separate liquor license near Fort Lupton,
therefore, he is no longer employed by Club Romance. The new manager will be Isidro Rodriguez, who
has no connection to the facility or the business. Commissioner Masden moved to approve said report of
changes and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
Minutes, April 2, 2001 2001-1010
Page 2 BC0016
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 17 BETWEEN WELD COUNTY
ROADS 50 AND 52: Frank Hempen, Jr., Director of Public Works, stated this closure will be effective for
four days to complete a culvert replacement. Commissioner Jerke moved to approve said temporary
closure. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 18 BETWEEN WELD COUNTY
ROADS 71 AND 73: Mr. Hempen stated Weld County Road 18, between Weld County Roads 71 and 73,
will be closed for eight weeks to complete a bridge replacement. Responding to Commissioner Jerke, Mr.
Hempen stated the bridge is over a ditch, and added the ditch flow will not be effected by this project.
Commissioner Jerke moved to approve said temporary closure. Commissioner Masden seconded the
motion, which carried unanimously.
CONSIDER CONTRACT FOR THE 2001-2002 INMATE INTENSIVE SUPERVISION PROGRAM AND
AUTHORIZE CHAIR TO SIGN - DEPARTMENT OF CORRECTIONS, DIVISION OF ADULT PAROLE:
Jan Zuber,Community Corrections Board Clerk,stated under this contract approximately 15 to 20 parolees
will receive supervision and assistance as they enter back into the community. Commissioner Masden
moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER NOTICE OF RENEWAL FOR 2001-2002 INMATE INTENSIVE SUPERVISION PROGRAM
AND AUTHORIZE CHAIR TO SIGN - DEPARTMENT OF CORRECTIONS, DIVISION OF COMMUNITY
CORRECTIONS: Ms. Zuber stated the purpose of this renewal for the Inmate Intensive Supervision
Program is similar to that discussed in the previous matter. Commissioner Jerke moved to approve said
notice of renewal and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED A NOTICE
OF INTENT TO DESIGNATE THE SITE SELECTION AND CONSTRUCTION OF THOSE MAJOR
FACILITIES OF A PUBLIC UTILITY CONSISTING OF TRANSMISSION LINES, POWER PLANTS,AND
SUBSTATIONS OF ELECTRICAL UTILITIES AS A MATTER OF STATE INTEREST, PURSUANT TO
SECTION 24-65.1-104, C.R.S., AND SETTING OF A PUBLIC HEARING REGARDING SUCH
DESIGNATION: Mr. Barker stated at the direction of the Board, he drafted this Resolution regarding the
Intent to Designate the Site Selection and Construction of those Major Facilities of a Public Utility
Consisting of transmission lines, power plants, and substations of electrical utilities as a matter of State
interest. He stated the Resolution will direct the Clerk to the Board to publish a notice of the hearing to be
set for May 16,2001,at 9:00 a.m. In response to Commissioner Vaad, Mr. Barker stated this matter would
only effect those electrical facilities in unincorporated Weld County. Commissioner Jerke moved to
approve said Resolution. Commissioner Masden seconded the motion, which carried unanimously.
PLANNING:
CONSIDER AMENDED RECORDED EXEMPTION #2624 -VERN WEST/DENELLE REISBECK: Anne
Best Johnson, Department of Planning Services, stated Recorded Exemption #2624 was approved in
January 2000. She gave a brief description of the location of the site, and stated the site consists of
primarily sandy soils and is used for pasture. Ms. Johnson explained as recorded there are two building
envelope options; however, the property has been sold by Mark Masden to Vern West and Denelle
Reisbeck who are requesting the requirement for a building envelope be deleted.
Vern West, applicant, was present to answer any questions. In response to Mr. Barker, Ms. Johnson
stated that although she has provided a new set of Conditions,the old Conditions for the original Recorded
Exemption will still apply. Mr. Barker suggested the Board add Condition #7 to state, "The Conditions of
Approval set forth in the Resolution approving Recorded Exemption#2624, dated January 17, 2000, shall
Minutes, April 2, 2001 2001-1010
Page 3 BC0016
apply in addition to the Conditions set forth above, with the exception of the elimination of Condition #5 of
Recorded Exemption#2624,and with the exception of any condition of Recorded Exemption#2624 which
may be in conflict with the Conditions set forth above."
Responding to Commissioner Vaad, Mr. West stated he has reviewed and agrees with the Conditions of
Approval as discussed and amended. No public testimony was offered concerning this matter.
Commissioner Jerke moved to approve Amended Recorded Exemption#2624 for Vern West and Denelle
Reisbeck with the addition of Condition #7 as proposed by Mr. Barker. Commissioner Masden seconded
the motion, which carried unanimously. (Clerk's Note: Any reference to Condition #7 appears as
Conditions #6 on Resolution #2001-1008 for this matter.)
CONSIDER VIOLATION VI#0100053- SEWALD: Mr. Barker stated the property owners were notified of
this hearing and are present. Bethany Salzman, Department of Planning Services, stated the property is
zoned C-3 (Commercial), and she gave a brief description of the location of the site. Ms. Salzman
reviewed the case summary, and stated the property is in violation of various sections of the Weld County
code as indicated in her summary. She further stated in order to bring the property into compliance, the
owner must complete a Site Plan Review and apply for the appropriate building permits. She explained
the Sewalds also own the property across the street were they operate their business; however, that site
is also in violation and the matter has already been heard by the Board. Ms. Salzman stated the owners
are in the process of doing a Site Plan Review for that property; however, the violation seems to establish
a pattern of noncompliance. In response to Commissioner Vaad, Ms. Salzman stated rave concerts are
dance events with electronic music and the property owner maintains that the events they hosted were
drug and alcohol free. She further stated the site is in violation because the activities are not consistent
with the uses allowed in the C-3 District; however,the raves would be allowed if they successfully complete
a Site Plan Review. Jeff Reif, Department of Building Inspections,stated currently the building is permitted
as a manufacturing facility, and there are various structural changes that need to be made to bring the site
up to code for the proposed events. In response to Commissioner Vaad, Mr. Reif reviewed the types of
fire alarm systems and the utilities required for an adequate water supply for firefighting.
Chris Campbell represented the property owner and gave a brief explanation of the origin of rave concerts.
He stated the most common type of raves are organized by production companies, many of which he
represents. Mr. Campbell stated he works to ensure there are proper permits and that the necessary
safety precautions are followed, and added the concerts consist of electronic music and dancing. He
further stated the Sewalds own the property across the street and are in the process of completing a Site
Plan Review. He explained the property owners' son is associated with the rave concert producers and
suggested the empty building would make a good meeting place for a rave. Mr. Campbell stated they
initially met with the Milliken Fire Marshall and the Weld County Sheriff's Office, and they discussed the
necessary precautions and requirements. He stated the first event drew approximately 800 people, one
of the events cited was a private party, and the final concert was held on March 17, 2001, which resulted
in no arrests in connection with the rave. Mr. Campbell stated due to the costs associated with bringing
the property into compliance for this type of event, the applicant has indicated in a letter to the Board, that
they will cease any further rave activities at this site. He requested this matter be dismissed because the
concerns will be addressed by ceasing all activities.
Richard Sewald, property owner, stated the building is not in use and the items they were storing were
cleared out to hold the rave events. He reiterated they have submitted a letter indicating their intent to
cease further rave activities at the site. No public testimony was offered concerning this matter.
Minutes, April 2, 2001 2001-1010
Page 4 BC0016
Mr. Barker stated the property owners'representative and their letter indicate no further activities will take
place, which will address the zoning and building violations. Mr. Barker stated the Sewalds will still need
to complete a Site Plan Review for their business operating across the street. Based on the testimony,
Mr. Barker recommended the Board dismiss the matter,with the understanding that the subject site located
6010 West 10th Street is a nonconforming use which means as long as the business does not change,
a Site Plan Review will not be required.
Commissioner Vaad stated the Board is not ignorant of the local youths' desire or need for this type of
activity, and he is not opposed; however, the Board must work to ensure that the activities are safe. In
response to Commissioner Jerke, Mr. Barker stated dismissal of this matter does not preclude the Board
from reopening this violation if activities resume.
Commissioner Masden moved to dismiss Violation #0100053 for Mr. and Mr. Richard Sewald.
Commissioner Jerke 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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: /A IE IL/�`,4S EXCUSED
at* i M. J. Geile, Ch r
Weld County Clerk to the ttp;r
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Robert D. Masden
Minutes, April 2, 2001 2001-1010
Page 5 BC0016
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