HomeMy WebLinkAbout20002306.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 25, 2000
TAPE #2000-28
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, September 25, 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 - EXCUSED
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 Hall moved to approve the minutes of the Board of County Commissioners
meeting of September 20, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #147-Q BY TAPE: Commissioner Hall moved to read Ordinance #147-Q by tape.
Commissioner Baxter seconded the motion, which carried unanimously.
READ ORDINANCE#191-E BY TAPE: Commissioner Baxter moved to read Ordinance#191-E by tape.
Commissioner Geile seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on September 19, 2000, as follows: 1) Violation Hearings; and Hearings conducted on
September 20, 2000, as follows: 1) Resubdivision, S#518, Faith Tabernacle Church, Go Danny Perdew;
and 2) A Site Specific Development Plan and Use by Special Review Permit #1274, Steve and Carole
Applegarth. Commissioner Geile seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was added to the Agenda under Bids: 1) Present and Approve
Parking Lot Bid - Department of Human Services, Transportation Division; and under New Business: 12)
Consider Application for Tavern Liquor License and authorize Chair to sign -Jerry Samber, dba Deweys.
The following was deleted from the Agenda: PRESENTATIONS: 1) Recognition of Services, Department
of Public Works - Ben Chacon.
2000-2306
BC0016
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
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 $428,333.92
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE PARKING LOT BID - HUMAN SERVICES, TRANSPORTATION DIVISION:
Mr. Warden requested emergency approval of the Parking Lot Bid. He stated it is for construction, paving,
and landscaping of the parking lot at the Transportation Division of the Department of Human Services.
Mr. Warden submitted the two bids received and recommended approval of the low bid from J-2
Contracting Company, in the amount of$272,350.00. Mr. Warden stated the vendor has indicated that
they need to begin working this week before the asphalt plants begin to close and bad weather sets in.
Commission Baxter moved to approve said bid on an emergency basis as recommended by staff.
Commissioner Geile seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER REQUEST TO MODIFY CONDITIONS FOR TAVERN LIQUOR LICENSE-J. MONTES, INC.,
DBA EL RODEO NIGHT CLUB: Mr. Barker stated the applicant is requesting Conditions of Approval B and
E for their Tavern Liquor License be amended. Condition of Approval B would be amended to only require
security guards inside the premises after 8:00 p.m. because there is not much business between 6:00 p.m.
and 8:00 p.m. Condition of Approval E would be amended by deleting the words, "Thursday through
Sunday" to allow them to operate all week as allowed by State statute. Deputy Nick Genova, Sheriff's
Office, stated he has reviewed the incident reports for this operation during the last year, which included
assault reports. He concurred there are not many patrons between 6:00 p.m. and 8:00 p.m., and he does
not have any concerns with the establishment being open every day of the week as long as they provide
security guards for the additional days that they are open. In response to Commissioner Geile, Deputy
Genova stated if problems arise resulting from the change in conditions, this matter can be brought back
to the Board for review. Responding to Commissioner Baxter, Deputy Genova stated the security guards
have been very cooperative and they call him for assistance if there is an incident. Daniel Carr,Attorney,
represented the applicant and stated they intended to address this issue at the renewal hearing; however,
there were some time constraints. Mr. Carr explained there really is no need for a security guard during
the time discussed and security guards will be on duty for the additional times that the establishment is
open. Commissioner Hall moved to approve said request to modify Conditions B and E for the Tavern
Liquor License held by J. Montes, Inc., dba El Rodeo Night Club. The motion, which was seconded by
Commissioner Geile, carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 500 PERSONS ON
OCTOBER 21, AND 22, 2000 - LEAHY FAMILY FARM, LLC: Mr. Barker stated he has reviewed the
application materials and recommends approval. Commissioner Baxter moved to approve said application.
Commissioner Hall seconded the motion, which carried unanimously.
Minutes, September 25, 2000 2000-2306
Page 2 BC0016
CONSIDER RESOLUTION RE: APPROVE ACCEPTANCE OF DONATION OF $40,000 TO WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE GREEN WASTE
TRANSFER STATION PROJECT FROM NATIONAL HOG FARMS, INC.: Dr. Mark Wallace, Director of
Weld County Department of Public Health and Environment, stated this Resolution will allow acceptance
of a donation in the amount of $40,000.00 from National Hog Farms, Inc., pursuant to the Compliance
Order on Consent entered into with the Colorado Department of Public Health and Environment, Air
Pollution Control Division. Dr.Wallace stated the funds will be used for the Green Waste Transfer Project
which is not yet operating. Commissioner Geile moved to approve said resolution. Commissioner Baxter
seconded the motion, which carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR TESTING OF MEDICAL SAMPLES AND
AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Dr. Wallace stated under
this agreement the Department of Public Health and Environment will conduct sampling and testing of
medical samples for the University of Northern Colorado, with a term beginning September 1, 2000, and
ending December 31, 2000, with the option of automatic renewal for one-year terms. Commissioner
Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Hall, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 48 BETWEEN WELD COUNTY
ROADS 47 AND 49: Commissioner Hall moved to approve said temporary closure. Commissioner Baxter
seconded the motion, which carried unanimously.
CONSIDER FOUR AGREEMENTS CONCERNING PURCHASE OF PROPERTY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROADS 74 AND 15 WITH VARIOUS PROPERTY OWNERS AND
AUTHORIZE CHAIR TO SIGN: Frank Hempen, Jr., Director of Public Works, reviewed the terms of the
agreements with Harmony Farm, LLC, James and JoAnn Ochsner, and 3 Lazy J Ranch, LLP, as well as
the cost for necessary improvements. In response to Chair Kirkmeyer, Mr. Barker stated the fourth
property owner listed is Susan H. Lake. He explained her property is being purchased by the County as
part of a Condemnation Action which was served on the property owner, and they have agreed to the
amount shown on the agreement. Responding further to Chair Kirkmeyer, Mr. Barker stated the terms of
this agreement are consistent with the other agreements discussed. Commissioner Hall moved to approve
said agreements and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER FIVE AGREEMENTS CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 4 WITH
VARIOUS PROPERTY OWNERS AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated these
agreements are with five property owners along Weld County Road 4 requesting that Weld County enclose
their ditches with pipe with understanding that they will furnish the materials and provide future
maintenance. He stated Weld County will provide the labor and equipment to complete the project, and
he recommends approval. In response to Commissioner Geile, Mr. Hempen stated the cost of labor and
equipment will be compensated because the County will not have maintenance costs in the future. In
response to Chair Kirkmeyer, Mr. Hempen stated the quoted cost amounts will be sufficient.
Commissioner Hall moved to approve said agreements and authorize the Chair to sign. Commissioner
Geile seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET OF
PROPERTY OWNED BY WELD COUNTY AND AUTHORIZE CHAIR TO SIGN-ASPHALT SPECIALTIES
COMPANY, INC.: Mr. Hempen stated this type of agreement is a standard requirement of the Division of
Minerals and Geology for gravel pit operators. This notifies surrounding property owners and ensures that
they will be compensated in case of any damages as a result of the mining operation. Commissioner
Minutes, September 25, 2000 2000-2306
Page 3 BC0016
Baxter moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Hall, carried unanimously.
CONSIDER ACCEPTANCE OF QUIT CLAIM DEED TRANSFERRING PROPERTY FROM ANTHONY M.
HOWLAND, APPROVE QUIT CLAIM DEED TRANSFERRING SAID PROPERTY TO THE TOWN OF
MEAD, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated there are four outlots located in the North
Creek Subdivision of the Town of Mead which are considered to be parks or drainage ways. He explained
they were intended to be dedicated to the Town of Mead in 1994 and in a replat of 1995; however, they
remained on the Assessor's tax role. They are owned by Anthony Howland and have been to tax sale for
the past three years. Mr. Barker proposed transferring the property by Quit Claim Deed from Mr. Howland
to Weld County, and then approving an additional Quit Claim Deed of the property to the Town of Mead.
Mr. Barker stated Weld County will be responsible for approximately$5,000 to correct the situation. Mr.
Warden stated Weld County will receive approximately 20 percent of the cost back. Commissioner Geile
moved to accept the Quit Claim Deed from Anthony Howland, and approve the Quit Claim Deed
transferring said property to the Town of Mead,and authorize the Chair to sign necessary documents. The
motion was seconded by Commissioner Hall, and it carried unanimously.
FINAL READING OF ORDINANCE #57-B, IN THE MATTER OF REPEALING AND RE-ENACTING
ORDINANCE#57-A,THE SETTING OF FEES FOR SERVICES PERFORMED BY THE WELD COUNTY
SHERIFF: Commissioner Hall moved to read Ordinance #57-B by title only. Commissioner Baxter
seconded the motion, which carried unanimously. Mr. Barker read said title into the record. Mr. Warden
stated this and the following item reflect changes in fees that are set by State statute, as well as changes
due to technology improvements. No public testimony was offered concerning this mater. Commissioner
Hall moved to approve Ordinance #57-B on final reading. Commissioner Geile seconded the motion,
which carried unanimously.
FINAL READING OF ORDINANCE #165-A, IN THE MATTER OF REPEALING AND RE-ENACTING
ORDINANCE #165, THE SETTING OF FEES FOR SERVICES PROVIDED BY THE WELD COUNTY
CLERK AND RECORDER: Commissioner Baxter moved to read Ordinance #165-A by title only.
Commissioner Hall seconded the motion, which carried unanimously. Mr. Barker read said title into the
record. Mr.Warden stated this matter reflects necessary changes as discussed in the previous issue. No
public testimony was offered concerning this matter. Commissioner Hall moved to approve
Ordinance#165-A on final reading. Commissioner Geile seconded the motion,which carried unanimously.
CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
JERRY SAMBER, DBA DEWEYS: Mr. Barker stated this matter was continued from September 18, 2000,
to allow for proper publication of the notice, and a sign was posted on the site. Bethany Salzman, Building
Compliance Officer, stated this property is zoned Agricultural and she has discussed the need to apply for
a Change of Zone or Use by Special Review Permit prior to proceeding the liquor license application. Ms.
Salzman stated, to date, a zoning application has not been filed. Mr. Barker stated the property must be
properly zoned before the Board will have any authority to act on the liquor license application.
Jerry Samber, applicant, stated the Assessor's records indicate the property is Commercial, and he has
submitted a letter to the Department of Planning Services to request a waiver of the permit fees and
release of the building permits so they can proceed with remodeling the building. In response to Chair
Kirkmeyer, Mr. Samber stated they have an application to be submitted today. Chair Kirkmeyer stated the
Board cannot consider waiving the fees unless an application has been received. Mr. Barker suggested
returning the State fees to the applicant until this permit is considered and also recommended continuing
this matter for 120 days to allow adequate time for the applicant to complete a Change of Zone or Use by
Special Review Permit process. Mr. Samber requested the fees and application materials be held by the
Board until the license is considered following approval of the land use matter. Commissioner Hall
Minutes, September 25, 2000 2000-2306
Page 4 BC0016
suggested considering the liquor license on the same day the land use hearing is heard. In response to
Commissioner Geile, Ms. Salzman stated this property has been taxed for Commercial uses; however, it
was not zoned Commercial. Chair Kirkmeyer stated this property was never zoned Commercial, and the
Assessor's Office taxes properties based on use, not zoning, and in 1972 Weld County designated all
unincorporated properties as Agricultural. Commissioner Hall stated this property has been used for
Commercial purposes. Mr. Barker stated the site is currently zoned Agricultural, therefore, it needs to go
through a Change of Zone or get a Use by Special Review Permit for this use in the A (Agricultural)Zone
District. He explained if this had been a liquor establishment since 1972, it would be considered a non-
conforming use, but this is a new use. In response to Chair Kirkmeyer, Mr. Samber reviewed the previous
uses. Mr. Barker stated even if the property has been used for commercial purposes in the past, there is
no process to remedy this situation, other than a Change of Zone or Use by Special Review Permit. Chair
Kirkmeyer stated if this had been correctly zoned in the past, the applicant would not have to be going
through this process. Mr. Samber stated this is an old building which they would like to restore, and the
bar and grill were intended to help him recover some of his investment costs. Commissioner Geile stated
it is evident that this site has been used for commercial purposes in the past. In response to Chair
Kirkmeyer, Mr. Barker explained that if the Board finds this site to be incorrectly zoned,Weld County would
need to be the applicant to correct the zoning, and allow Mr. Samber an early release of his building
permits. Mr. Barker reiterated that the Board will not have jurisdiction over the liquor license application
until the property is correctly zoned. He also stated until Amendment 24 is voted on, this permit is non-
committed. Mr. Samber stated he applied for the liquor license on August 31, 2000. In response to Chair
Kirkmeyer, Ms. Salzman stated a Change of Zone application takes approximately 120 days to complete;
however, there has been an extension of time allowed to process the excessive amount of cases recently
received. In response to Chair Kirkmeyer, Mr. Samber estimated the reconstruction will be completed on
December 1, 2000. Commissioner Hall stated a Change of Zone will correct the situation, and if the use
changes the Use by Special Review will not need to be amended. He further stated he feels this property
was incorrectly zoned in 1972, and it should be corrected by the County, with a waiver of the fees. Chair
Kirkmeyer stated the fees will not need to be waived because Weld County will be the applicant and it will
date back to the date that the liquor license was submitted. Commissioner Hall stated it would be better
if Mr. Samber is the applicant and his fees are waived, because if the County is the applicant, there may
have ramifications throughout the rest of the County. Anne Best-Johnson, Department of Planning
Services, stated the next door neighbor was in this same situation and they were advised to go through
a Change of Zone process. In response to Chair Geile, Ms. Johnson stated due to Amendment 24 there
has been a large number of planning cases submitted, and an average case takes approximately 120
days to process; however, if the County is the applicant, the process could be expedited. In response to
Chair Kirkmeyer, Mr. Barker reiterated that pursuant to State statute, the Board cannot act on the liquor
license until the zoning is complete. In response to Commissioner Baxter, Ms. Johnson stated referral
agencies have been given an extra 45 days to review the proposals due to mass amount of applications.
Chair Kirkmeyer clarified that although the Board cannot act on the liquor license, the Board would direct
staff to expedite this Change of Zone case. Mr. Barker recommended this matter be continued to January
24, 2001, or subsequent to the Change of Zone process if it is complete prior to 120 days. Commissioner
Hall moved to continue this matter to January 24, 2001, or subsequent to the Change of Zone.
Commissioner Baxter seconded the motion. Mr. Samber stated he is in agreement with the date of
continuance. The motion carried unanimously. Chair Kirkmeyer clarified for staff to expedite the Change
of Zone application and release building permits for Mr. Samber.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR MORIAH ESTATES PLANNED UNIT DEVELOPMENT-SHILOH, INC., C/O JAMES
SCOTT:Anne Best Johnson, Department of Planning Services, gave a brief description of the location of
the site, and stated the Departments of Planning Services and Public Works have inspected the site and
recommend release of the collateral. Ms. Johnson stated the Department of Public Works recommends
Minutes, September 25, 2000 2000-2306
Page 5 BC0016
retaining 15 percent of said collateral for the period of one year, in the amount of $5,782.80.
Commissioner Baxter moved to cancel and release said collateral and to accept the replacement collateral
for Moriah Estates Planned Unit Development, do James Scott, in the amount of $5,872.80. Seconded
by Commissioner Geile, the motion carried unanimously.
FINAL READING OF ORDINANCE #119-O, IN THE MATTER OF AN AMENDMENT TO ORDINANCE
NO. 119,WELD COUNTY BUILDING CODE ORDINANCE,AS CURRENTLY AMENDED, REVISING AND
ADDING CERTAIN SECTIONS CONCERNING ENGINEERED BUILDINGS BEING ALLOWED AS
AGRICULTURALLY EXEMPT BUILDINGS AND GRAMMATICAL CHANGES: Commissioner Hall moved
to read Ordinance #119-Q by title only. Commissioner Geile seconded the motion, which carried
unanimously. Mr. Barker read said title into the record. David Sprague, Department of Building
Inspections, stated he has received no public input regarding this matter and he recommends approval.
In response to Commissioner Geile, Mr. Sprague stated one of the changes will allow engineered
structures to qualify as agriculturally exempt if they meet the definition. No public testimony was received
concerning this matter. Commissioner Hall moved to approve Ordinance #119-Q on final reading.
Commissioner Geile seconded the motion, which carried unanimously.
FIRST READING OF ORDINANCE#147-Q, IN THE MATTER OF THE REPEAL AND RE-ENACTMENT,
INCLUDING AMENDMENT OF CERTAIN MAPS TO ORDINANCE NO. 147, WELD COUNTY
COMPREHENSIVE PLAN, AS CURRENTLY AMENDED: Chair Kirkmeyer clarified that Ordinances
#147-Q and #191-E have been read by tape. Anne Best-Johnson, Department of Planning Services,
stated signs were posted on the properties notifying surrounding property owners of this hearing. She
gave a brief description of the location of the sites requesting amendment into the Mixed Use Development
Area, and reviewed the changes proposed by staff as detailed in the Ordinance text. Ms. Johnson stated
she has received no comments regarding Ordinance #147-Q or#191-E since the Planning Commission
hearing. In response to Commissioner Geile, Ms. Johnson stated the 80-acre parcel is owned by Louis
and Mark Rademacher, R& M Land Company, and it is designated as residential with five to ten acres of
regional/commercial. The 240-acre parcel is designated as lowest limiting site factors,which will have 40
residential lots and 187 acres in an agricultural conservation easement. In response to Chair Kirkmeyer,
Ms. Johnson indicated the location of the Riverdance Planned Unit Development, which was recently
denied by the Board. Responding to Commissioner Baxter, Ms. Johnson stated the property owned by
the Hamlins was previously petitioned for inclusion in the Mixed Use Development area. In response to
Chair Kirkmeyer, Ms. Johnson stated she will research the inclusion of the Hamlin property, and whether
it was related to a proposed line of the St. Vrain Sanitation District. In response to Commissioner Geile,
Ms. Johnson stated the St. Vrain Sanitation District boundary was recently expanded and it does go
through the proposed parcels. She added that the newest wastewater treatment center is located two
miles west of 1-25. (Switched to Tape #2000-29.)
Doug Tiefel, applicant, stated he currently holds the option to purchase the 240-acre property from Mr.
Bailey, which has been mined since 1984. He stated they have been doing reclamation to improve this
site, and have taken over the permit to remove silt from the lake. Mr. Tiefel stated he would like to
construct a low-density, residential, waterfront development, and he is willing to provide a trail easement
along the mile of river frontage. He stated they are in the Sketch Plan process, there will be public water
and sewer,the St.Vrain Sanitation District has a line along Weld County Road 26 and a collection line runs
through this property. He further stated the new treatment plant is located approximately one-half mile east
of Weld County Road 13. In response to Commissioner Hall, Mr. Tiefel stated it would not be appropriate
for the Town of Firestone to annex this property because the terms of its Intergovernmental Agreement
indicate the Town will not proceed north of Weld County Road 26.
Commissioner Geile moved to approve Ordinance #147-Q on first reading. Commissioner Baxter
seconded the motion. Chair Kirkmeyer stated she has concerns with considering an amendment to the
Minutes, September 25, 2000 2000-2306
Page 6 BC0016
Mixed Use Development area for another residential development considering the Board recently denied
a similar proposal in this area; however, she will vote in favor of the motion, and research the issue further
for future readings. The motion carried unanimously.
FIRST READING OF ORDINANCE#191-E, IN THE MATTER OF THE REPEAL AND RE-ENACTMENT,
WITH AMENDMENTS TO CERTAIN MAPS TO ORDINANCE NO. 191, WELD COUNTY MIXED USE
DEVELOPMENT PLAN, AS CURRENTLY AMENDED: Ms. Johnson stated this matter was discussed in
conjunction with the previous subject. No public testimony was offered concerning this issue.
Commissioner Baxter moved to approve Ordinance #191-E on first reading. 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. Ordinances#57-B,#165-A,and#119-Q were approved on final reading,and Ordinances#147-Q
and #191-E were 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 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
LU
W COUNTY, COLD DO
ATTEST: ���2;, �'
Barbara J. Kir yer, Chair
Weld County Clerk to the Ed
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O� ,,
' •'1 g �� e, Pro-Tem
BY: ��i . I ..�0�
Deputy Clerk to the Boar.% (f %I
. Baxter
it r1
Dale K. Hall
EXCUSED
Glenn Vaad
Minutes, September 25, 2000 2000-2306
Page 7 BC0016
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