HomeMy WebLinkAbout20130552.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 25, 2013
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
Administration Building, Greeley, Colorado, February 25, 2013, at the hour of 9:00 a.m.
ID 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
e MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of February 20, 2013, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
El READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance
#2013-1 by tape. Commissioner Rademacher seconded the motion, which carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on February 20, 2013, as follows: 1) USR12-0067 — Ernest and
Patricia Osborn, 2) USR12-0058 — Timothy Thompson, c/o A&W Water Service, Inc., and 3)
USR12-0064 — David and Kayleen Hunt, c/o A&W Water Service, Inc. The motion was seconded by
Commissioner Conway, and it carried unanimously.
ID AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
Minutes, February 25, 2013 2013-0552
Page 1 BC0016
BIDS:
e 1) APPROVE BID #61300044, 2013 CATTLEGUARDS - DEPARTMENT OF PUBLIC WORKS:
Trevor Jiricek, Director of General Services, reviewed staff's recommendation. Commissioner Conway
moved to approve the low bid from DBE Manufacturing, as recommended by staff. Commissioner
Freeman seconded the motion, and it carried unanimously.
▪ 2) APPROVE BID #B1300045, 2013 STEEL - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek
presented staff's recommendation, as detailed in the Memorandum dated February 12, 2013.
Commissioner Conway moved to approve the bids of the various vendors, as recommended by staff.
Commissioner Rademacher seconded the motion, and it carried unanimously.
El 3) PRESENT BID #61300036, ENFORCEMENT SERVICES - MOWING AND/OR SPRAYING -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the bids from eight vendors. The bid will
be brought back to the Board for approval on March 11, 2013.
▪ 4) PRESENT BID #B1300056, RECYCLED ASPHALT SUPPLY - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek presented the bids from two vendors. The bid will be brought back to the Board for
approval on March 11, 2013, following a work session discussion.
ID 5) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE (LOT 3, SE1/4 NW1/4, E1/2 SW1/4,
S4, T5N, R61W - 119.51 ACRES): Barbara Connolly, Controller, presented the sole bid from Bonanza
Creek Energy Operating, LLC. Commissioner Rademacher moved to approve said bid and authorize
the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
El 6) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE (S34, T9N, R60W - 66.97220375
ACRES): Ms. Connolly presented the sole bid received from Exterra Resources, LLC. Commissioner
Conway moved to approve said bid and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
El 7) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE (NW1/4 NE1/4, S36, T6N, R66W -
11.54 ACRES): Ms. Connolly presented the sole bid received from Jordance Energy, Inc.
Commissioner Conway moved to approve said bid and authorize the Chair to sign. The motion was
seconded by Commissioner Freeman, and it carried unanimously.
OLD BUSINESS:
▪ 1) CONSIDER PROFESSIONAL PROVIDER AGREEMENT FOR ACCOUNTABLE CARE
COLLABORATIVE PROGRAM AND AUTHORIZE CHAIR TO SIGN - COLORADO ACCESS (CON'T
FROM 2/20/13): Dr. Mark Wallace, Director, Department of Public Health and Environment, reviewed
the terms of the agreement. Bruce Barker, County Attorney, reviewed the provisions of various
sections and indicated no major concerns. Dr. Wallace responded to questions from the Board
concerning compliance, positive outcomes of the program, and cost savings. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
ID 1) CONSIDER TEMPORARY CLOSURE OF CR 27 BETWEEN CRS 72 AND 74: Janet Carter,
Department of Public Works, reviewed the provisions of the closure and indicated that local law
enforcement, emergency responders and school districts have been notified and staff will provide a
courtesy follow-up to ensure awareness. Commissioner Kirkmeyer moved to approve said temporary
road closure. The motion was seconded by Commissioner Conway, and it carried unanimously.
Minutes, February 25, 2013 2013-0552
Page 2 BC0016
E5 2) CONSIDER AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES AT THE
INTERSECTION OF CR 23 AND SH 392 AND AUTHORIZE CHAIR TO SIGN - DCP MIDSTREAM,
LP: Michael Bedell, Department of Public Works, reviewed the project request and terms of the
agreement. He addressed questions from the Board concerning the costs, reimbursable land
acquisitions, relocation costs, and right-of-way widths. Commissioner Kirkmeyer moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Rademacher, carried unanimously.
E9 3) CONSIDER CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT AGREEMENT
AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, Department of Public Works, reviewed the
terms of the funding contract. She responded to questions from the Board indicating communities in
the northeastern portion of the County were addressed in previous contracts. Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded
by Commissioner Conway, carried unanimously.
E5 4) CONSIDER RELEASE OF SPECIAL ASSESSMENT FOR PUBLIC NUISANCE ABATEMENT
COSTS: Bob Choate, Assistant County Attorney, explained the Resolution will authorize the recording
of a release of the funds, since the abatements costs were paid in full when the property was sold.
Commissioner Kirkmeyer moved to approve the release of the special assessment. Seconded by
Commissioner Conway, the motion carried unanimously.
E9 5) CONSIDER AMERICANS WITH DISABILITIES ACT (ADA) OPERATING PLAN, APPOINT
ADA COORDINATORS, AND APPROVE WELD COUNTY ADA NOTICE AND GRIEVANCE
PROCEDURES: Mr. Choate described the plan, appointments and the notice and grievance
procedures for compliance with the ADA. He addressed questions from the Board concerning inclusion
of the Missile Park. Commissioner Rademacher moved to approve said plan, appointments and
procedures. The motion, which was seconded by Commissioner Conway, carried unanimously.
E9 6) CONSIDER AMENDMENT OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - E1/2 NW1/4 OF S2,
AND W1/2 NW1/4 OF S20, T3N, R66W: Stephanie Arries, Assistant County Attorney, explained the
amendment will allow for unitization of the property to accommodate directional drilling. Commissioner
Conway moved to approve said lease amendment and authorize the Chair to sign. Commissioner
Freeman seconded the motion, and it carried unanimously.
E9 7) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
- PDC ENERGY, INC.: Mr. Barker reviewed the terms of the lease. Commissioner Freeman moved to
approve said small tract lease and authorize the Chair to sign. The motion, which was seconded by
Commissioner Conway, carried unanimously.
E 8) FIRST READING OF CODE ORDINANCE #2013-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS,
OF THE WELD COUNTY CODE: Tom Parko, Department of Planning Services, reviewed the intent of
the proposed revisions. Commissioner Rademacher requested a revision to Section 23-3-310.B.2 to
indicate screening "may" be required. No public testimony was offered concerning this matter.
Commissioner Kirkmeyer expressed her agreement with the proposed revision and moved to approve
Code Ordinance #2013-1 on first reading, with the understanding that the revision be reviewed further
in a work session. Commissioner Conway seconded the motion, which carried unanimously.
Minutes, February 25, 2013 2013-0552
Page 3 BC0016
PLANNING:
E9 1) CONSIDER REQUEST TO MODIFY SITE LAYOUT FOR USR-1704 PRIOR TO RECORDING
THE PLAT - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC:
Chris Gathman, Department of Planning Services, reviewed the uses approved under the original
application, displayed an aeiral vicinity map, and reviewed the site layout comparison. F Janet
Carter, Department of Public Works, addressed the right accelleration/decelleration lanes and
requested clarification on conflicting language within the original Resolution. F Troy Swain,
Department of Public Health and Environment, reviewed the recommendation response from the
Colorado Department of Public Health and Environment, which staff is in agreement with. El Tim
Naylor, AGPROfessionals, LLC, represented the applicant and stated they asked staff to review the
Site Plan to reflect smaller footprint as a result of new technology. He reviewed the request for triggers
for the turn lanes. In response to Commissioner Kirkmeyer, Mr. Naylor stated the improved technology
will reduce loads and decrease truck traffic, and he reviewed the reasons for choosing to access the
site from CR 49, versus CRs 40 or 42. Responding to Commissioner Kirkmeyer, Ms. Carter reviewed
the improvements necessary to access CR's 40 or 42, which still lead to access onto CR 49.
ID Mr. Naylor indicated the applicant is not opposed to constructing left turn lanes, if directed by the
Board, to address safety concerns. Lastly, he referenced a letter from the Colorado Department of
Public Health and Environment and requested the Board authorize phasing of the development. Mr.
Swain stated recent letters from the State would be sufficient to authorize the phasing, without requiring
further revisions to the Use by Special Review language. ID No public testimony was offered
concerning this matter. Commissioner Rademacher suggested allowing staff to do further review of the
access options to determine whether turning lanes are necessary. Commissioner Kirkmeyer agreed.
Mr. Naylor stated relocating the access will cause significant time constraints to complete a redesign,
draininage, etc. F Following discussion, Mr. Barker suggested moving forward on the Site Plan
request and Ms. Carter proposed leaving the access issue to be determined through the access permit
process. Mr. Naylor stated their preference would be to retain the existing access, complete the access
permit process, and abide by the triggers as currently detailed in the approval Resolution. The Board
indicated agreement with deleting the last sentence of Condition of Approval #4.C, and allowing
phasing as addressed in Condition of Approval #6.C per the letters from the Colorado Department of
Public Health and Environment, dated February 22, 2013. ID In response to Chair Garcia, Mr. Naylor
stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval, as
modified. F Commissioner Conway moved to approve the modification request. Commissioner
Rademacher seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-1 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.
Minutes, February 25, 2013 2013-0552
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:31 a.m.
BOARD OF C NTY COMMISSIONERS
WELD CO T COLORADO
ATTEST:
Weld County Clerk to the Board
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Deputy Cl= to the Board
BY
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Dougla Rademac er, Pro-Tem
L
k Freeman
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diddlui-
rbara Kirkmeyer
Minutes, February 25, 2013 2013-0552
Page 5 BC0016
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