HomeMy WebLinkAbout20130890.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 8, 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, April 8, 2013, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
• MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of April 3, 2013, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
la AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
• NEW BUSINESS:
1) CONSIDER CHRONIC DISEASE SELF -MANAGEMENT EDUCATION (CDSME) LICENSE
HOLDER AGREEMENT AND HIPAA BUSINESS ASSOCIATE ADDENDUM AND AUTHORIZE CHAIR
TO SIGN — CENTRAL COLORADO AREA HEALTH EDUCATION CENTER (CC AHEC): Judy Griego,
Director of Department of Human Services, outlined the scope and purpose of this agreement and
addendum, explaining that this is a partnership renewal providing reimbursement for Area Agency on
Aging workshops. Commissioner Rademacher moved to approve said agreement and addendum and
authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously.
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Minutes, April 8, 2013 2013-0890
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2) CONSIDER PERMIT FOR TEMPORARY ASSEMBLY TO LEAHY FAMILY FARM, LLC -
APRIL 28, JUNE 16, JULY 7, AUGUST 4 AND 11, 2013: Brad Yatabe, Assistant County Attorney,
introduced this request for a temporary assembly permit for four days of motocross racing and
overnight camping. Mr. Yatabe recommended that a maximum number of attendees be identified,
and/or a control plan outlined, and he stated the applicant's estimation of 9 toilets for 600-800 people is
reasonable. Mr. Yatabe said in the past the applicant has been allowed by the Commissioners to hire
security guards from among their motocross club, but noted the County Code calls for security to be off -
duty peace officers or Colorado licensed security guards. Lisa Carpenter, Sheriff's Office Deputy,
reported no concerns or past incidents. Commissioner Conway clarified this event has been going on
for 15 years without incident. In response to Commissioner Garcia, David Leahy, applicant, said that
the race starts on Sunday morning, and a lot of people camp the night before, so people filter into the
event, and, although they do all seem to leave at the same time, Sunday evening traffic is not a big
problem. He added that incoming guests are directed onto the land to avoid traffic jams on the
highway, and that this is only an issue for a half hour to an hour on Saturday afternoon. He said that
his security guards are big guys in security t -shirts, it is a family event with referees, and they have not
had any problems thus far. Mr. Leahy clarified that the event is more of a club event than a public
event, although it is open to the public. He also explained they have 3 regular toilets in their building in
addition to the porta-potties, and many of the participants have motor homes with toilets. He stated
there have been no long lines for the port -a -potties at previous events. Commissioner Rademacher
moved to approve said permit. The motion was seconded by Commissioner Conway, and it carried
unanimously.
3) CONSIDER RENEWAL APPLICATION FOR A TAVERN LIQUOR LICENSE FOR
HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL, AND AUTHORIZE CHAIR
TO SIGN: Mr. Yatabe introduced the application, stating he had no concerns. Ms. Carpenter reviewed
the site inspection and cited no concerns. Commissioner Freeman moved to approve said license.
The motion was seconded by Commissioner Conway, and it carried unanimously.
a 4) CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LICENSE FROM
COLORADO CATTLE COMPANY, LLC, DBA COLORADO CATTLE COMPANY, AND AUTHORIZE
CHAIR TO SIGN: Mr. Yatabe introduced the application and reported no concerns. Ms. Carpenter
reported the property inspection was complete and indicated no concerns. Commissioner Conway
moved to approve said license. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
a 5) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE FOR
CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846 AND AUTHORIZE CHAIR TO SIGN:
Mr. Yatabe introduced the renewal application, reporting he had no concerns. Ms. Carpenter said
Sheriff's Deputy Mark Mellon had done the site inspection and found no reported calls for service.
Commissioner Rademacher moved to approve said license. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
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a 6) CONSIDER CHANGE ORDER NO. 1 FOR CR23/SH 392 INTERSECTION DESIGN
PROJECT (#B1100037) - MULLER ENGINEERING COMPANY, INC.: Mike Bedell, Department of
Public Works, explained the purpose of this change is due to a need to comply with the Colorado
Department of Transportation's request for clearance before going to bid, consisting of a detailed report
determining whether or not any land parcel the project is touching, which requires right-of-way or
easement, is eligible to be on the national Historic register. He added that this report was not
anticipated during the original scope of work, so the purpose of this change order is to reimburse the
company for this extra work. The report has been submitted to CDOT for review and changes and will
be forwarded to the State Historic Preservation Office; at this time no properties appear to be eligible.
In response to Commissioner Conway, Mr. Bedell confirmed that doing it this way, as opposed to letting
it go through the State, expedited the process and confirmed that any structure built before 1963 has to
go through this review. He stated this work will be anticipated for future projects and there was some
discussion about the State versus the Federal process. Commissioner Conway moved to approve said
change order. The motion, which was seconded by Commissioner Freeman, carried unanimously.
a 7) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE INSTALLATION OF A
WATER PIPELINE FOR GAS/OIL OPERATIONS UNDER CRS 63 AND 67 AND INTERSECTION OF
CRS 20 AND 67 AND AUTHORIZE CHAIR TO SIGN - KERR-MCGEE OIL AND GAS ONSHORE, LP:
Janet Carter, Department of Public Works, gave background on this agreement - this is a branch off of
the original water line, which crosses a County roadway and intersection. In response to Commissioner
Conway, Ms. Carter confirmed that if the County chooses to modify the roadway, the owner of the
pipeline is responsible for necessary modifications to their pipeline. Commissioner Rademacher moved
to approve said nonexclusive license agreement and authorize the Chair to sign. The motion, which
was seconded by Commissioner Conway, carried unanimously.
8) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE INSTALLATION OF A
WATER PIPELINE FOR GAS/OIL OPERATIONS UNDER CRS 41, 20 AND 37 AND AUTHORIZE
CHAIR TO SIGN - KERR-MCGEE OIL AND GAS ONSHORE, LP: Ms. Carter stated this agreement is
similar to the preceeding agreement, consisting of another branch off the main trunk of the pipeline on
private easement with County right-of-way crossings. Commissioner Freeman moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
In response to prompting from Commissioner Conway, Ms. Carter reported that in the
Metropolitan Planning Organization (MPO) meeting on Thursday night, Commissioner Conway and
Weld County successfully stood up for the towns of Milliken and Johnstown, and successfully secured
funds coveted by Ft. Collins, for the creation of a trail to be constructed this summer between the two
municipalities, with an 8-5 vote in favor. Ms. Carter further elucidated the project, and Commissioner
Conway noted that it will alleviate a safety hazard for children who now walk along the highway.
Commissioner Conway said the MPO provided money for design and acquisition, and additional land
was then donated. He said this plan, which has been on the drawing board for years, should be
completed before the next school year.
Minutes, April 8, 2013 2013-0890
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• 9) CONSIDER AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND AUTHORIZE
CHAIR TO SIGN - CARESTREAM HEALTH, INC.: Bruce Barker, County Attorney, introduced the
agreement. Monica Mika, Director of Finance and Administration, added that the tax incentive
agreement deals with job retention and they must also meet a new criteria issued by Weld County,
stating they need to meet the 50 percent benchmark for Weld County employees. In response to
Commissioner Conway, Ms. Mika explained that Carestream was formerly a partner with Kodak,
provides unique photo imaging equipment and provides higher quality science, research, and
development job opportunities. Commissioner Conway stated that this facility could potentially develop
new products which could lead to new manufacturing opportunities and this is the incentive's purpose,
to lead to more and better jobs in the future. Chair Garcia noted that 99 percent of their sales are
outside Weld County. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously.
• 10) CONSIDER CONDUCTING MAIL BALLOT ELECTION FOR WELD COUNTY TO BE HELD
AS PART OF THE COORDINATED ELECTION ON NOVEMBER 5, 2013: Steve Moreno, Weld
County Clerk and Recorder, cited the huge cost savings in conducting elections by mail and added that
a majority of voters are requesting ballots by mail. He also noted that fewer election judges are
required, from 357 in 2012 to approximately 20. Rudy Santos, Elections Manager, said that voter
turnout is driven by what will be on the ballot and that will not be known until September, this election
could have lower participation, from 20-35%. In response to Chair Garcia and Commissioner
Rademacher, Mr. Moreno said there will be five drop-off/voting service centers for people who do not
want to send their ballot through the mail. These sites can also issue replacement ballots. In response
to Commissioner Conway, Mr. Moreno reported potential cost savings of approximately $400,000 in
2011. Commissioner Conway moved to approve said resolution and authorize the Chair to sign. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
PLANNING:
CI 1) CONSIDER AGREEMENT FOR TEMPORARY OPERATION OF CELL SITE ON WHEELS
AND AUTHORIZE CHAIR TO SIGN - VIAERO WIRELESS: Chris Gathman, Department of Planning
Services, reviewed the request, location, access, right-of-way, adjacent property owners, and
recommended approval of access. He noted this doesn't meet the definition of a telecommunication
antennae tower because it is a mobile structure and this is a temporary study in preparation for a
permanent structure, with a subsequent agreement - no zoning permit will be required. In response to
Commissioner Garcia, Mr. Gathman said a commercial vehicle (and hence a use -by -right) does not
usually have a 35 foot tower, and the vehicle is used as a cellular tower rather than a mode of
transportation. In response to Commissioner Conway, Mr. Gathman noted that the temporary period of
six months was planning staff's suggestion. Rick Bailey, Viaero Wireless, described the mobile tower
for the Board in detail, and in response to Commissioner Rademacher, he confirmed the signals are
Federal Communications Commission (FCC) compliant. Chair Garcia asked if anyone in the public
wished to speak on this matter and no one came forward. Commissioner Freeman moved to approve
said agreement and authorize Chair to sign. Commissioner Rademacher seconded the motion, and it
carried unanimously.
• 2) CONSIDER PARTIAL VACATION OF MINOR AMENDMENT, MUSR12-0012 - MARLIN
NESS: Diana Aungst, Department of Planning Services, reported a request to vacate a particular part
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of this amended USR and recommended approval. Lot A, where the applicant's residence is located,
will be 100 percent vacated from the current USR. Tony Evans, Compass, explained the situation, and
the configuration of the property, including a sewer easement. Marlin Ness, applicant, stated that he
lives on Lot A and would like to take out a second mortgage on his home. Mr. Barker clarified that the
resolution needs call out that this vacation is specific to Lot A. Commissioner Conway motioned to
amend the resolution to expressly state this in accordance with the memorandum. Commissioner
Rademacher seconded the motion and it carried unanimously. Commissioner Rademacher moved to
approve said partial vacation of minor amendment. The motion, seconded by Commissioner Conway,
carried unanimously.
3) CONSIDER REQUEST FOR AMENDMENT OR RELEASE OF COLLATERAL, AUTHORIZE
CHAIR TO SIGN, AND ACCEPT REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT, USR12-0022 - ROBERT L. SELTZER FAMILY TRUST / COLORADO OUTDOOR
STORAGE, LLC: Rich Hastings, Department of Public Works, reviewed the location and related that
the initial inspection generated a list of items for correction, a second inspection affirmed these have
been properly mitigated, and the applicant reported that Cache National Bank wishes to amend their
existing letter of credit and generate a new letter of credit for 15 percent warranty collateral upon
approval. Commissioner Freeman moved to amend or release said collateral, authorize the Chair to
sign, and accept replacement collateral. The motion was seconded by Commissioner Conway, and it
carried unanimously.
12, 4) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS FOR USE BY SPECIAL REVIEW PERMIT, USR12-0027, AND
AUTHORIZE CHAIR TO SIGN - STEVE AND SHERYL GULLEY / A & W WATER SERVICES, INC.:
Mr. Hastings reviewed the request, location, purpose (water -hauling facility), and reviewed the haul
route on paved roads in accordance with the requests of surrounding property owners, and noted the
beginning date of operation is several years away, so collateral will be posted when they apply for a
grading permit. Commissioner Freeman moved to approve said improvements agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
5) FINAL 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: Commissioner Rademacher motioned to read by title only. The
motion was seconded by Commissioner Conway and carried unanimously. Mr. Barker read the title of
Code Ordinance #2013-1 into the record. Tom Parko, Director, Department of Planning Services,
described the purpose of the code change, and described certain changes made according to the
Commissioners' suggestions. Language was added to Sec. 23-3-310.B #1: "SCREENING may be
required if USE is not compatible with adjacent uses," in order to give staff more flexibility, and #2 was
shortened to read "Areas for parking passenger vehicles." Commissioner Conway thanked Mr. Hastings
for making this change. Commissioner Rademacher moved to approve Code Ordinance #2013-1 on
final reading. The motion, which was seconded by Commissioner Freeman, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-1 was approved on final reading.
Minutes, April 8, 2013 2013-0890
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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 10:12 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUGOLORADO
Weld County Clerk to the Board
BY:
Deputy Clerk
William F. Garcia, Chair
ap
P. Conway
e Freeman
Minutes, April 8, 2013 2013-0890
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