HomeMy WebLinkAbout20133078.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 30, 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, October 30, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
le MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 28, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
e AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to reconsider Consent Agenda
Item #9) Recorded Exemption, RECX13-0103 — Patricia Jansma and Kandace Wulfert. Seconded by
Commissioner Conway the motion carried unanimously.
.le CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as
amended. Commissioner Freeman seconded the motion, and it carried unanimously.
PUBLIC INPUT: Les Meyer, County resident, and candidate for the Colorado House of
Representatives, said he came to tell the Board how many people he has talked with in the County and
District 48 residents appreciate the Commissioner's leadership during the recent flood events.
e COMMISSIONER COORDINATOR REPORTS: Commissioner Freeman reported a great turnout
at the County and Town meeting/dinner. He said the camaraderie developed as a result of flood relief is
inspiring. Commissioner Conway concurred and thanked Jennifer Finch, Public Information Officer, for
her presentation on the 'State of Weld', and Roy Rudisill for his presentation on the flood recovery, and
also reported on attending the groundbreaking of The Summit, a new 50,000 -square -foot entertainment
center in Windsor, with bowling, billiards, laser tag, arcade, a 13 -foot big -screen TV, and a
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restaurant/bar. He noted this is the result of an eight -year collaboration and will be a wonderful addition
to Northern Colorado; it is located in Larimer County.
BIDS:
El 1) APPROVE BID #61300168, HONOR GUARD UNIFORMS - SHERIFF'S OFFICE: Trevor
Jiricek, Director of General Services, said Gerald Ford, of the Sheriff's Office, sent a letter informing the
Board they have decided not to pursue this purchase. Commissioner Conway moved to reject said bid
as requested. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
NEW BUSINESS:
1) CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES
AND AUTHORIZE CHAIR TO SIGN - SCOTT KOSKIE: Clay Kimmi, Department of Public Works,
explained this is a lease of 40 acres for the opening of a new gravel pit for County construction projects.
It is located on CR 120, just south of Carr, and immediately south of the current pit (which is mined out),
and will supply gravel for roads in the northern part of the County. In response to Commissioner
Kirkmeyer, Mr. Kimmi said there is typically a 30 -day review period, the best case scenario is 3-4
months before the County receives its permit. He confirmed there was testing to determine the amount
of potential gravel and said, if the lease is renewed, the price per ton will remain constant.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Rademacher, carried unanimously.
2) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR12-0061 - RUSSELL JUSTICE AND JULEE
REYNOLDS (JUSTICE TRUCKING): Rich Hastings, Department of Public Works, stated this is a
trucking firm associated with oil and gas support, reviewed the location and haul route and
recommended approval. Commissioner Freeman moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
3) CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND NEW
OWNERSHIP NAME FOR USE BY SPECIAL REVIEW PERMIT #1747 - HIGH SIERRA WATER
SERVICES, LLC: Mr. Hastings explained that this is a partial release of collateral, they are reducing
their bond from $300,000 to $40,000, with the remainder to be inspected and released in approximately
two more years. He reviewed previous ownership, the location, improvements, and inspections.
Commissioner Rademacher moved to approve said partial cancellation, and release of collateral and
new ownership name. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
IR 1) RECONSIDER RECORDED EXEMPTION, RECX13-0103 - PATRICIA JANSMA AND
KANDACE WULFERT: Commissioner Kirkmeyer said if this motion passes it would be with the intent
to refer this back to planning staff with the instructions to re-examine the Code in collaboration with the
County Attorney. She said she thought about this case for several days, noting the County Attorney's
advice during this hearing that there was no discretion for the Board in this section of the Code.
Commissioner Freeman stated the Board wants the Code to follow Weld County's philosophy of
common sense and fairness, and this provision should have some retroactivity to it, because decisions
made in the past did not have the 35 -acre restriction. Commissioner Kirkmeyer concurred, and moved
to refer this matter back to the Department of Planning Services, and this was seconded by
Commissioner Conway. Michelle Martin, Department of Planning Services, stated the applicants are
currently living in a trailer on the property. She mentioned there are two staff concerns, the 35 -acre rule
and the five-year time frame. She also stated a code change should be based on discretion, fairness,
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and common sense, and will take approximately two months. Chair Garcia concurred that the Code is
too restrictive and mentioned the applicants have already paid for the RE, so they are already in limbo.
Commissioner Rademacher also concurred, saying this was not the only issue because this is another
case of RE on top of RE which the County is trying to discourage. He said he supports reexamining the
Code, but not approving this particular case, and does not want to encourage the proliferation of land
splits. Mr. Barker stated when that change was made in August, 2010, there was some discussion
about knowing that it would need to be tweaked and perfected, but it has not been evaluated at since
its passage. Commissioner Freeman said he doesn't believe in black and white and feels the Board
needs to have some discretion. Commissioner Conway concurred, saying the proliferation of land
splits is of concern, but this property is not currently a large parcel of valuable farmland, but a small
area already surrounded by residences. Commissioner Rademacher stated he is not against multiple
REs, but this one has several strikes against it. Chair Garcia concurred, but noted he is in favor of
making Code modifications. The motion to refer this matter back to planning staff carried unanimously.
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 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD C�,QUJ_TY, COLORADO
ATTEST:
Weld County Clerk to the Board
B
Deputy rk to the Boa
Willia
Douglas Rademacher, Pro-Tem
Sean P. Conway
Mike Freeman
arbara Kirkmeyer
Minutes, October 30, 2013 2013-3078
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