HomeMy WebLinkAbout20133315.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 2, 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, December 2, 2013, at the hour of 9:00 a.m.
F 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 - EXCUSED
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
Assistant County Attorney, Brad Yatabe
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
Ei MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of November 27, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
F CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on November 27, 2013, as follows: 1) USR13-0032 - Public Service
Company of Colorado (continued to 12/11/13). Commissioner Conway seconded the motion, which
carried unanimously.
F AMENDMENTS TO AGENDA: Commissioner Rademacher moved to replace, under New
Business, Item #1) Consider Memorandum of Agreement for Use and Funding of A Kid's Place, with a
New Item #1) Consider Improvements Agreement for USR-1704 - Shelton Land and Cattle, Ltd., and
Heartland Renewable Energy, LLC. Commissioner Conway seconded the motion, which carried
unanimously.
.F CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
F PUBLIC INPUT: Steve Teets, County resident, said he was disappointed that the 51st State
initiative did not pass and referenced an article in the Lost Creek Guide on Julie Cozad, Mayor Pro-tem
of Milliken. Commissioner Rademacher stated that 45 percent of residents in Weld County said yes to
the 51st State issue, so he does not view this as a defeat, there are other avenues to explore in the
Pitt
Minutes, December 2, 2013 2013-3315
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upcoming legislative session, and the Board is waiting to see how the legislature responds this year.
Commissioner Conway stated the five counties that did pass the ballot initiative are moving forward.
He said the Phillip's County idea to bring more balanced representation to Colorado would be
discussed in the upcoming Colorado Counties, Inc. conference. He concurred with Commissioner
Rademacher that a great deal of progress has been made thanks to the 51st State initiative. He
mentioned Senator Bennet is bringing the Executive Director of HUD to Evans to discuss affordable
housing, and that the Commissioners are still pursuing a dialogue with the Governor and will see him
tomorrow at CCI in Colorado Springs. El Doug Meyer, County resident, thanked Commissioner
Rademacher for last week's op-ed regarding the oil and gas industries flood response in the Greeley
Tribune. He spoke about takings through municipalities to commandeer water instead of supporting
projects such as Northern Integrated Supply Project (NISP). Commissioner Conway stated larger
municipalities have been engaged in slowing down water projects, but opposition in Fort Collins
appears to be eroding. He also said the only entity in Weld County that hasn't endorsed NISP is the
City of Greeley, which he recently brought to the Mayor's attention and the U.S. Army Corps is due to
make a decision in July. He said the City of Boulder was more helpful getting water to Weld County
farmers last year during the shortage than Greeley Water and Sewer. Commissioner Rademacher said
numerous studies have been done showing that urban runoff is many times more polluted with
pesticides than agricultural runoff.
NEW BUSINESS:
El 1) CONSIDER IMPROVEMENTS AGREEMENT FOR USR-1704 - SHELTON LAND AND
CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC: Janet Lundquist, Department of
Public Works, explained she met with the applicants, EDF Renewable Energy, and AGPROfessionals,
their consultant, this morning and they came to a solution regarding the Improvements Agreement to
maintain traffic safety on CR 49. She reviewed the modifications to the Improvements Agreement and
safety measures and she reported the applicants are suggesting a guarantee in lieu of collateral.
Commissioner Conway said there is an agreement in principal and the building permits can be released
as soon as possible. He stated that the completion date is October 31, 2014, and proper traffic protocol
was followed, including a detour route. This item will come back before the Board for approval on
Monday, December 9, 2013.
le 2) CONSIDER AGREEMENT CONCERNING PURCHASE OF PROPERTY TO COMPLETE
CERTAIN IMPROVEMENTS TO CR 55 AND AUTHORIZE CHAIR TO SIGN - WELDCO FARMS, LLC:
Leon Sievers, Department of Public Works, said this is the final acquisition for this project and reviewed
the determination of value and compensation to the land owner. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously.
F 3) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 55 AND AUTHORIZE CHAIR TO SIGN -
WELDCO FARMS, LLC: Mr. Sievers explained this is similar to the previous item and described the
easement and compensation. Commissioner Conway moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
F 4) CONSIDER APPLICATION FOR 2014 EMERGENCY MANAGEMENT PERFORMANCE
PROGRAM GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of
Emergency Management, stated this grant helps support the County Emergency Operations Budget for
the coming year, the application is for $288,306, but typically the County receives around $70,000 and
there is a 50 percent match. Commissioner Rademacher moved to approve said application and
Minutes, December 2, 2013 2013-3315
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authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
Fl 5) FINAL READING OF CODE ORDINANCE #2013-11, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, CHAPTER 6 LAW
ENFORCEMENT, CHAPTER 12 LICENSES AND PERMITS, AND CHAPTER 23 ZONING, OF THE
WELD COUNTY CODE: Commissioner Rademacher moved to read by title only. Seconded by
Commissioner Rademacher, the motion carried unanimously. Brad Yatabe, Assistant County Attorney,
read the title for the record. He explained this is the final reading for updates regarding medical
marijuana and there have been no changes since second reading. Commissioner Conway moved to
approve said code ordinance on final reading. Seconded by Commissioner Rademacher, the motion
carried unanimously.
6) SECOND READING OF CODE ORDINANCE #2013-12, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Commissioner Conway moved to read by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously. Mr. Yatabe read the title for the record. Trevor Jiricek,
Director of General Services, referred to last week's work session and reported on three minor
modifications. First, in Section 5-4-50.C.2 to replace the word "email" with "electronic", to strike the
word "local" in Section 5-4-60.C, and, in Section 5-4-100.C.1, to strike the second part of the sentence
(noting the contract number as the purchase order number) as non -applicable and irrelevant.
Commissioner Rademacher moved to approve said code ordinance on second reading as amended.
Seconded by Commissioner Conway, the motion carried unanimously.
El 7) CONSIDER APPOINTMENT OF JENNIFER SELTZER TO FAIR BOARD: Commissioner
Rademacher moved to approve said appointment. The motion was seconded by Commissioner
Conway, and it carried unanimously. Commissioner Conway noted he is extremely pleased with the
Fair Board being assembled this year.
PLANNING:
El 1) CONSIDER REQUEST TO DELETE CONDITION OF APPROVAL #1.A FOR USR13-0010,
JOHNSTON FAMILY FARMS, LLC, C/O DONALD EYMANN/RECREATIONAL STORAGE
SOLUTIONS 2, LLC: Diana Aungst, Department of Planning Services, stated that an onsite
improvements agreement for this application is no longer required per new policy direction from the
Board of County Commissioners, and, in response to Commissioner Rademacher, Ms. Aungst said the
applicants did not have one previously in place. Don Eymann, applicant, requested the deletion of
Condition of Approval #1.A, citing that collateral for fencing and landscaping is difficult to get; it is hard
to get both a bank loan for the project and put capital in reserve. Commissioner Conway noted that
Commissioner Kirkmeyer took the lead on this and mentioned the Board has been pro -active in
removing restrictions which are hindrances to new business. Commissioner Conway moved to approve
said request to remove Condition of Approval #1.A. Seconded by Commissioner Rademacher, the
motion carried unanimously. Mr. Eymann also praised Diana Aungst, Department of Planning Services,
for her excellent work.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2013-11 and #2013-12 were approved on final and second
readings, respectively.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, December 2, 2013 2013-3315
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:51 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD •emu' Y OLORADO
ATTEST:
Weld County Clerk to the Board
BY
Deputy
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can P. Conway
XCUSED
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Mike Freeman
EXCUSED
Barbara Kirkmeyer
Minutes, December 2, 2013 2013-3315
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