HomeMy WebLinkAbout20000930.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 24, 2000
TAPE #2000-11 & #2000-12
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 24, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
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 April 19, 2000, 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 April 19, 2000, as follows: 1)A Site Specific Development Plan and Special Review Permit
#1256, Robert Pittington, c/o Intermill Land Surveying, Inc.; and 2)A Site Specific Development Plan and
Special Review Permit#1258, Longs Peak Dairy, LLC/Podtburg Dairy. Commissioner Geile seconded the
motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, HUMAN SERVICES DEPARTMENT-DIXIE HANSEN: Chair Kirkmeyer
read the certificate recognizing Dixie Hansen for sixteen years of service to Weld County. Walt Speckman,
Director of Human Services, presented Ms. Hansen with her retirement pin.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2000-0930
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $354,648.52
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER LICENSE AND AUTHORIZE CHAIR
TO SIGN - MRS. LEO K. WARDMAN, DBA ROCKPORT INN: Bruce Barker, County Attorney, stated
Deputy Ron Richardson expressed no concerns with this renewal. Commissioner Geile moved to approve
said application and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES AND AUTHORIZE CHAIR TO SIGN-
CJ'S LIQUORS: Mr. Barker explained the requirement for modification of premises and added the
applicant is adding space to the facility. Commissioner Hall moved to approve said application and
authorize the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER 1999-2000 YOUTH CRIME PREVENTION AND INTERVENTION CONTRACT EXTENSION
AND AUTHORIZE CHAIR TO SIGN - DEPARTMENT OF LOCAL AFFAIRS: Walt Speckman, Director of
Human Services, stated this extension is for the Youth Workforce Skill Development Project which has
been operating for the last several yeas. If approved, it will provide $50,000 to be used for GED
preparation, improving essential work skills in reading, math, and writing, and other services which assist
the client in obtaining workforce skills. Commissioner Vaad moved to approve said contract extension and
authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER DUST BLOWING COMPLAINT-S7,T7,R63(HANKINS/TURNER): Mr. Barker stated Charles
Jones complained about dust from property to the west of him which was blowing onto his property causing
damage to his pasture area and also beginning to build up on his fence line. Mr. Barker stated he
requested Michael Shay, West Greeley Soil Conservation District, to inspect the property. The owner is
Elmer Hankins and the operator is James Turner. Mr. Barker stated a copy of the letter from Mr. Shay
detailing his findings and alternative recommended actions has been provided to the Board,and noted that
both Mr. Turner and Mr. Jones are present. Mr. Barker further stated Section 34.72.103, C.R.S., allows
the Board to issue a citation to the owner and/or the operator; however, in order to do so the Board must
make a Finding on all five items.
Charles Jones, complainant, stated he has put up with the blowing dust for several years, and he is tired
of it. He stated the ground is sandy and used to be farmed in strips; however, now it is being farmed in
80-acre patches. Mr. Jones further stated the sand covered up his fence last year, and he spent quite a
bit of money buying weed killer to take the weeds off the fence to help alleviate the problem; however, it
was not much help. Responding to Commissioner Baxter, Mr.Jones said he cannot say exactly how much
grass was covered, but it did cause damage.
Jim Turner, operator, stated the complaint is valid. On April 14, 2000, he again tilled the soil; however, it
was not much help and the dust blew more. He stated this is a problem of coverage and once the crops
are in production it will no longer be an issue. Responding to Commissioner Baxter, Mr. Turner said he
has never farmed the land in strips and further stated this ground was included in a parcel he thought was
going into grass and would not be a problem. Mr. Turner stated when it started blowing this spring, it did
Minutes, April 24, 2000 2000-0930
Page 2 BC0016
not have enough wheat to maintain the blowing soil. He stated his plan is not to till any of the farm,
however,this portion was not included in the grass cover,and he will do whatever is necessary to alleviate
the blowing sand. Responding to Commissioner Geile, Mr. Turner stated he has not discussed his
approach with Mr. Jones. He explained he was out of town when the soil first blew, although he thought
the wheat would be okay. However,following more wind, he tilled again,and will do whatever is necessary
to stop the blowing sand.
Commissioner Geile commented that approach should take care of the problem. Mr. Barker stated the
Board could continue this matter if they want to see if techniques are used properly; however,the problem
is this is an emergency procedure. Mr. Barker indicated since Mr. Turner is saying he will ensure it does
not blow, even if it means covering the crop, he recommends dismissal, and noted Mr. Jones may contact
his office if the blowing sand occurs again. Commissioner Geile moved to dismiss the dust blowing
complaint against Elmer Hankins and James Turner. Commissioner Vaad seconded the motion, and
stated his reason is that he does not find an emergency exists presently since steps were taken two weeks
ago to alleviate the problem.
Chair Kirkmeyer summarized the testimony to Mr. Jones, and stated Mr. Turner has killed the ground and
he plans to plant a cover crop, and if this does not work, Mr. Jones should contact Mr. Barker. Mr. Jones
stated after the soil was worked the wind blew again, and the soil blew worse than before. Responding
to a question from Mr. Jones, Mr. Barker indicated the process for claiming damages incurred would be
a civil procedure through small claims court. Mr. Barker indicated he would help Mr. Jones start that
procedure if desired. After further discussion, the motion to dismiss carried unanimously.
CONSIDER APPLICATION FOR TRANSFER OF FRANCHISE - COMCAST CORPORATION, INC.:
Cyndy Giauque, Assistant County Attorney, stated this is a request for a transfer within the organization,
and it is an internal change only. She stated the application was submitted in January. Responding to
Commissioner Geile, Ms. Giauque stated the franchise agreement provides franchise fees of five percent,
and Mr. Warden stated the County gets roughly $30,000 county-wide for franchise fees. Commissioner
Vaad moved to approve said application. The motion,which was seconded by Commissioner Hall, carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF VARIOUS WELD COUNTY ROADS - WCR 42 BETWEEN
WCR 11 AND WCR 13; AND WCR 46 BETWEEN WCR 25 AND SH 60: Commissioner Baxter moved to
approve said temporary closures. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER RESOLUTION RE: SETTING DISTRICT ATTORNEY'S SALARY: Mr. Warden stated the
Board of County Commissioners is required by statute to set the District Attorney's salary prior to him
taking office, and the Personnel Office surveyed the salary of all incumbents in the Front Range counties.
Mr.Warden stated the salary of$100,000 would begin for the term January 1,2001 through December 31,
2004. Commissioner Hall moved to approve said draft Resolution. Commissioner Baxter seconded the
motion, which carried unanimously.
CONSIDER RESOLUTION RE: ACCEPT CORRECTED EASEMENT FROM PUBLIC SERVICE
COMPANY OF COLORADO TO ACCESS PROPERTY IN S28, T2N, R66W: Mr. Barker stated the Board
of County Commissioners, on January 11, 1999, accepted an easement from Public Service Company of
Colorado to have access to the Fort Lupton grader shed. Mr. Barker further explained the easement that
was in a place was not advantageous; therefore, this is a change in the location of that easement, and is
further to the north. Mr. Barker stated he did talk to Frank Hempen, Director of Public Works, who saw
no problem with the new location; therefore, he recommended the Board accept the corrected easement.
Commissioner Baxter moved to approve said Resolution. Seconded by Commissioner Geile, the motion
carried unanimously.
Minutes, April 24, 2000 2000-0930
Page 3 BC0016
CONSIDER AUTHORIZING COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION - EL
VALLE/AVALOS RESTAURANT: Charla Davis, Environmental Health Services Division, presented a
chronological synopsis of El Valle, aka Avalos Mexican Restaurant, and reviewed the history and actions
taken by the Health Department. She stated at each step the owner was notified, and letters of non-
compliance were sent when appropriate. Ms. Davis indicated after an inspection on January 14, 2000,
which had five critical and five non-critical violations, staff was unable to reach the owner of the facility,and
most letters were unclaimed. She further stated when staff tried to make further inspections,the restaurant
appeared to be closed, although staff continued to try and re-inspect through the month of February. On
February 27, 2000, Dan Parkos, Environmental Health Specialist, noted a sign indicating the restaurant
was open, and he and Shana Baker, Environmental Health Services Division, performed a followup
inspection on March 1, 2000,which showed five critical and three non-critical violations. Ms. Davis stated
Hilda Cortes, owner of the facility, indicated she had been away and the restaurant was now called Avalos
Mexican Restaurant, and concerns of staff were reviewed with Ms. Cortes. Ms. Davis indicated a third
letter was mailed at this time and staff found that Ms. Cortes had not paid for a Food Service License. Ms.
Davis indicated an informal hearing was set for April 5, 2000, to talk with Dr. Mark Wallace, Director of
Weld County Public Health and Environment, about concerns of staff; however, Ms. Cortes did not appear
at that time.
Ms. Baker indicated she contacted Ms. Cortes on April 19, 2000, about her Food Service License,
indicating payment had not been made for the 2000 license. Ms. Baker stated Ms. Cortes indicated she
did receive the letter regarding the informal hearing and the past non-compliance letter, and also that all
violations had been corrected,although staff has not made a recent inspection. Mr. Parkos also contacted
Ms. Cortes on April 19, 2000, and informed her that she and/or her staff members should attend a food
training class on April 20, 2000; however, it was not attended. Ms. Baker stated on April 21, 2000, a
current inspection revealed five critical and four non-critical violations. Ms. Baker showed pictures of the
facility taken on the 21st, and indicated the rodent violations which occurred behind the box by the soda
fountain; although there were mouse droppings throughout the facility. Responding to Chair Kirkmeyer,
Ms. Baker stated the restaurant is still operating without a valid license.
Lee Morrison,Assistant County Attorney, stated there are several approaches that could be taken, but this
one is more direct and would close the restaurant until it is brought up to code,which is better than dealing
with penalties. He indicated this is a case of repeated critical violations which are supposed to be
corrected within 10 days, not a case where one is corrected and another comes up. He also indicated
there is not a valid Food Service License for the facility. Mr. Morrison further stated the legal action is
similar to what is used for zoning violations.
Ms. Cortes stated she is trying to address the violations; however, she has been distracted with a divorce
and problems with her kids. She indicated she has put out traps for the mice and, although she paid for
a license, she did not receive one. Commissioner Geile indicated the necessity for the Board to promote
the health, safety and protection for the public and indicated he would need more evidence Ms. Cortes had
made progress in cleaning up the site. Ms. Cortes reiterated she is trying to clean it up and is trying to kill
the mice. Responding to Commissioner Baxter, who stated there are more problems than just the mice,
Ms. Cortes stated she is trying to clean it up,and she understands an injunction will force her to close until
it is straightened out. Responding to Commissioner Geile, Ms. Cortes stated she previously owned a
restaurant for 3 years, so she does know the inspection procedure and requirements.
Mr. Morrison stated the Food Service Licenses are for the calendar year only, regardless of when the
facility opens, they all expire and a new one is due on January 1. He also pointed out, short of going to
court, she could voluntarily close and clean up the restaurant, sign an agreement to do so and agree not
to reopen until all critical violations are cleared up. In that way the County could avoid seeking injunction;
however, the effect would be the same. Responding to Commissioner Geile, Mr. Morrison indicated it
Minutes, April 24, 2000 2000-0930
Page 4 BC0016
should be a minimum amount of time, since it is a matter of performance. He also indicated other cases
have been treated in this manner with an agreement through the Health Department. He stated the Board
could authorize legal action if violations were not corrected within a specific timeframe.
Commissioner Vaad, having attended inspections with staff, and realizing the confidence of the public
needs to be maintained, moved to authorize the County Attorney to proceed with legal action; however,
instructing a delay of 24 hours to allow Ms. Cortes to enter into an agreement with the Department of
Health and the Environment to close until all health issues have been resolved. Commissioner Geile
second the motion, which carried unanimously.
PLANNING:
CONSIDER REQUEST TO PRE-ADVERTISE USR#1265-RONALD OLSON:Julie Chester, Department
of Planning Services, stated this request is to allow the applicant to comply with the Board's direction in
a recent violation hearing. She stated the Planning Commission hearing is scheduled for on May 2,2000.
Commissioner Geile moved to approve said request to pre-advertise Use by Special Review#1265 for
Ronald Olson and to set the hearing date on May 17, 2000. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER RECORDED EXEMPTION#2697- RICHARD AND LINDA METTLER: Kenneth Baumbach,
Department of Planning Services, stated the request is to split an existing 38 acres into Lot B which will
be 36 acres, and Lot A which will be two acres for residential use only. Mr. Baumbach stated staff has
concerns because this will be the fourth Recorded Exemption done in this section,with four in surrounding
sections. He stated access to the parcel is by way of a flag lot, the proposed configuration would create
another flag lot, and a portion of Lot B is located within the flood plain. Mr. Baumbach further stated the
applicant currently has ingress and egress along State Highway 52, via a 30-foot wide easement which
is maintained by the adjacent property owner on the north, and he indicated a total of 75 feet would have
to be reserved, even though the applicant is not utilizing the flag lot access. He explained the applicant
is currently using an access located west of the flag lot access, through a verbal agreement with the
property owner, and the Colorado Department of Transportation referral response requests the County to
bring the accesses into conformance, which would mean one single access to accommodate both lots.
Mr. Baumbach stated staff has included proposed Conditions of Approval regarding the access.
Responding to Commissioner Geile, Mr. Baumbach stated the applicant has been using the other access
for approximately 20 years, and the owner to the north is maintaining and using the flag lot access to get
to their property. Responding to Commissioner Vaad regarding the minimum lot size, Ms. Chester stated
the Zoning Ordinance requires a minimum one-acre parcel fora Recorded Exemption; however,the Health
Department recommends 2.5 acres if an Individual Sewage Disposal System is necessary.
Linda and Richard Mettler, applicants,were present and Ms. Mettler stated they have been using the west
access for 22 years through the verbal agreement with the property owner. After receiving a letter from
the Department of Planning Services, she took a day off work and did find a right-of-way deed dated
June 18, 1951, marked as Exhibit A. Ms. Mettler also stated they were told the flag lot access had to be
provided for the benefit of access to Ruby Lake on the north, and the McCormick's,who own the adjacent
property to the north and use and maintain that easement, which has a locked gate. Ms. Mettler has
spoken to all the owners, and either access is available for their use. She also stated they have no
problem with increasing Lot A to 2.5 acres; the trailer house that is currently in place is being used for
storage; the holding tank is in place within that structure; she realizes they cannot ask for another
Recorded Exemption for ten years; and they are just trying to help their son out. (Changed to Tape#2000-
12.) Responding to Commissioner Baxter, Ms. Mettler stated Lot A will have its own well and septic
system, and it will have adequate drainage since it is located on a hill, and the surrounding property is
farmed, with some in grass. Responding further to Commissioner Baxter, Mr. Mettler stated he has 40
Minutes, April 24, 2000 2000-0930
Page 5 BC0016
acres of grass to graze a few cows, just enough to use the land, the cattle are not his main source of
income.
Responding to Commissioners Geile and Baxter, Mr. Baumbach reiterated CDOT's request for a single
access, with a reservation of 60 feet total right-of-way. Mr. Barker indicated the right-of-way was deeded
to Weld County; however, he would have to assume it was not vacated after 1951, therefore, having been
used repeatedly, it has become an easement through use. Mr. Barker indicated he would like to verify
whether it has been vacated, since it is not on the section line and appears to be running at different
angles. Mr. Mettler responded to Commissioner Baxter that the access was originally for access to Ruby
Lake; however, a spillway has now been rebuilt and is referred to as Ireland Reservoir#5.
There was no public testimony given, and Mr. Baumbach stated the CDOT referral comments should be
added as notes on the plat, and also language to require the right-of-way reservation of 75 feet. Ms.
Chester further explained the CDOT referral is asking for 75 feet from the centerline,for a total of 150 feet,
on State Highway 52 to be reserved. Mr. Barker indicated it should be added as Condition of Approval
#2.G.10 to be included as notes to be placed on the plat. Responding to Commissioner Vaad, Ms. Chester
explained the reservation for right-of-way is only delineation on the plat at this time,and CDOT would have
to purchase or get dedication of right-of-way in the future when the property was required. Ms. Chester
also explained the reservation to the Mettlers, and Chair Kirkmeyer verified the applicants agree with the
Conditions of Approval. Mr. Barker responded to Chair Kirkmeyer that the first sentence of Condition of
Approval #2.D. should be changed to state "Lots A and B shall utilize the existing access from State
Highway 52 on a Weld County road right-of-way (not County maintained) which was deeded to Weld
County by deed recorded in the Office of the Weld County Clerk and Recorder on June 19, 1951, at Book
1305, Page 458."
Commissioner Geile moved to approve the request of Richard and Linda Mettler for Recorded Exemption
#2697,with the addition of Condition#2.G.10 and changing Condition#2.D as previously discussed. The
motion was seconded by Commissioner Vaad. Mr. Barker clarified the change to 2.D with Ms. Mettler and
the motion carried unanimously.
CONSIDER MINOR RESUBDIVISION#S-529-JOHN WINDELL AND LAURANN RINK: Chris Gathman,
Department of Planning Services,stated this application is to change lot lines for Lots 1 through 3, Division
1, Lupton Meadows Land Company Subdivision, and staff recommends approval because the submitted
materials are in compliance with the Weld County Subdivision Ordinance, they comply with the approved
recorded final plat, and the change will not impact the other lots in the subdivision. Mr. Gathman further
stated the Department of Public Works has requested dedication of 60 feet of right-of-way and a
nonexclusive license agreement. He stated the subdivision was originally recorded in 1909,and staff could
not find covenants or existing utility easements, and requested waiver of the requirement for dedication
of easements along property lines since it may interfere with existing easements on these properties. He
stated there is an existing power pole in the middle of property on the west side which would have to be
relocated if a 60 foot right-of-way is required.
John Windell, applicant, stated he wants to retire and sell two lots, totaling approximately 70 acres, to
family members. He stated he does not know whether there is an easement for the power pole; however
there are power lines running on the north side, along the road which is in excellent condition, with both
sides being lined with cottonwoods. Mr. Windell said that road does go all the way back to the railroad
berm and he will set aside 30 feet on each side for a right-of-way. No public testimony was given.
Commissioner Hall moved to approve with the proposed Conditions of Approval. Commissioner Baxter
seconded the motion, which carried unanimously.
Minutes, April 24, 2000 2000-0930
Page 6 BC0016
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
WELD COUNTY, COLORA O
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Minutes, April 24, 2000 2000-0930
Page 7 BC0016
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