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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20123469.tiff
RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 5, 2012 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 5, 2012, 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 Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick Director of Finance and Administration, Monica Mika e MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of December 3, 2012, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. IE AMENDMENTS TO AGENDA: There were no amendments to the agenda. PRESENTATIONS: ▪ 1) 2012 INDIVIDUAL WELLNESS AWARD - DONNA MCNAMARA: Chair Conway read the certificate recognizing Ms. McNamara, and Staci Datterie-Frei presented a gift certificate. 4 2) 2012 INDIVIDUAL SAFETY AWARD - JACKIE HUMPHREYS, MARY FIGUEROA, ARACELI CURIEL, and SUSAN TALMADGE: Chair Conway read the certificate recognizing each of the individuals for their Human Services ergonomics assessment efforts. Ms. Datteri-Frie presented them with gift certificates. Ei 3) 2012 VOLUNTEER OF THE YEAR AWARD - OLIVE RICHTER: Chair Conway read the certificate recognizing Ms. Richter for her volunteer activities. Ms. Datteri-Frie presented her with a gift. Steve Moreno, Clerk and Recorder, commended her for all of her hard work within and outside of the office. Ms. Richter thanked the Board for supporting the Safety and Wellness Program. El 4) 2012 EMPLOYEE SERVICE AWARDS - 10, 20, AND 30-YEAR EMPLOYEES: Chair Conway read the presentation into the record, and the various Department Heads presented the service awards to employees. Minutes, December 5, 2012 2012-3469 \� Page 1 BC0016 e PUBLIC INPUT: Bruce Wilson, County resident, spoke on behalf of approximately 30 people in attendance (see attendance list marked Exhibit A), in addition to others represented by written testimony, marked Exhibits B, C, D and E. He spoke regarding Kurtz Ranch operating a private firing range, which is reportedly soon to be annexed to the Town of Firestone. He stated it will negatively impact the residents of unincorporated Weld County and the Town of Mead more than any citizen of Firestone. He requested participation by the Board in representing these County residents in opposition to the use should it proceed through the Firestone annexation and land use process. He also expressed opposition to the 2020 Urban Growth Boundary Master Plan adopted by the Town of Firestone. He requested the Board do the following: take a personal proactive interest in the situation and respond to referral requests from the Town of Firestone in the interests of unincorporated Weld County residents. IR Commissioner Rademacher commented regarding the Board's recent awareness of the issue and lack of contact from the Town of Firestone, and he urged the residents to keep an open dialogue with representatives of the Town directly. El Commissioner Kirkmeyer commented she has been in a similar situation and she urged them to start dialogue with Firestone Mayor, Bruce Nickerson, as soon as possible to present the common sense and practical mitigation suggestions. e Commissioner Rademacher commented the Towns of Mead and Platteville will also have a strong position in this situation. Chair Conway agreed with the previous comments, and Mr. Wilson indicated he and others participated in public dialogue concerning long range planning in the area back in the late 1990's early 2000's. e Joe Miller, County resident (Miller Farms), agreed with the previous comments and expressed concern with gunfire negatively impacting his agricultural operations. ▪ Robert McDaniel, County resident, agreed with the previous comments and stated although they are new to the area, they are Colorado natives and are in the process of building a home and just recently learned of the plans. Although he is a strong proponent of gun rights, sports, and wildlife, this is not an appropriate location. He also referenced a walking trail and wetlands adjacent to the site at issue. He addressed questions from the Board and Commissioner Rademacher indicated he was initiating a meeting with the Mayor of Platteville. El In response to Mr. Wilson's questions, the Board indicated there are no County Open Space programs and provided contact information at the state and federal levels. Mr. McDaniel confirmed the site is permitted for a minimal impact gravel mining operation, and the Board also discussed the need to hear from the Town of Firestone to hear their thoughts on the matter directly. e Pete Salazar, County resident (Salazar Farm Partnership), expressed opposition to the potential impacts of the proposed firing range use. He responded to questions from the Board concerning a separate issue. IE Joni Maycumber, County resident, president of homeowners association for Granview Estates, agreed with the previous comments expressing health and safety concerns. Minutes, December 5, 2012 2012-3469 Page 2 BC0016 El Geoff Morris, Country resident, operates a horse training facility next door to property, and he expressed concerns regarding safety, liability, loss of business, and decreased property valus\es. Steve Teets, County resident, referred to a brochure, marked Exhibit D, and also provided comments concerning First Transit operations and read a letter from Sherry Casper into the record, marked Exhibit E. Chair Conway urged Mr. Teets to continue his dialogue with the State representatives. IR COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: e 1) APPROVE BID #61200129, CR 49 AND CR 44 INTERSECTION DESIGN - DEPARTMENT OF PUBLIC WORKS (CON'T FROM 11/14/2012): Monica Mika, Director of Finance and Administration, presented the bid, which went through the Quality Based process. Mike Bedell and Richard White, Department of Public Works, reviewed staff's recommendation following a year-long review process. Commissioner Kirkmeyer moved to continue the matter to December 12, 2012, to allow time for review of the matter in a work session. Commissioner Garcia seconded the motion, and it carried unanimously. El 2) PRESENT BID #B1200152, TAX NOTICES AND ENVELOPES - TREASURER'S OFFICE: Ms. Mika provided a brief summary of said bid, which will be brought back before the Board on December 19, 2012. ID CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. At the request of the attending Clerk to the Board, Commissioner Long moved to remove the corresponding agreement to the bid presented, Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Commissioner Rademacher moved to approve the remainder of the Consent Agenda. Commissioner Garcia seconded the motion, and it carried unanimously. OLD BUSINESS: 1) CONSIDER PETITION AND ANNEXATION AGREEMENT FOR CR 26 AND AUTHORIZE CHAIR TO SIGN - CITY OF LONGMONT (CON'T FROM 7/25/2012): Bob Choate, Assistant County Attorney, reviewed the terms of the agreement and explained the matter had been continued due to the Board's concern over a dispute reported by certain Weld County property owner's (Top Operating, Co. and others) regarding their ability to drill near the Union Reservoir. He explained that Top had recently worked out an agreement whereby they sold some property to the City of Longmont and were allowed to drill in certain spots in order to retain access to their mineral rights under the reservoir and that Top reportedly anticipates purchasing the property back (as per their contract) because of the ban on fracking in Longmont and are no longer in support of the annexation of the road. € Brad Schol, City of Longmont Planning, provided a brief overview of the events which led to the petition and annexation process; however, due to recent events and a pending lawsuit, there remain outstanding concerns. He stated Longmont is still interested in complying with the agreement with Firestone and this issue may come back at a future date. Following discussion, Commissioner Rademacher moved to deny said petition and agreement. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Fi 2) CONSIDER SUBMITTAL OF ADDITIONAL EVIDENCE CONCERNING APPLICATION OF LONGMONT SPORTS ACADEMY, LLC, DBA LONGMONT SPORTS ACADEMY: Brad Yatabe, Assistant County Attorney, provided a brief summary of the additional evidence submitted in relation to the Individual History Report for one of the applicants. He referenced case law definitions and how Minutes, December 5, 2012 2012-3469 Page 3 BC0016 they relate to the corresponding sports academy application. He answered questions from the Board re arding the length of time since the incidents and the nature of the criminal charges. PA Jim Beimford, Attorney, represented the applicant and indicated his client was under the opinion that all of the charges had been dismissed and there was no need to disclose deferred sentences. The Board was provided corrected documents for the application detailing the charges, marked Exhibit A, and discussed the background of the situations that resulted in charges, as well as evidence of rehabilitation classes and evidence of a responsible business owner with personal references. ID Mr. Cardenas commented he re rets, and he has learned from, the situations and has not been involved in any further incidents. RA Commissioner Kirkmeyer referred to the personal reference letters and Mr. Cardenas reviewed his coaching background, league participation, community involvement, and business operations. Mr. Yatabe responded to questions from the Board regarding an appropriate action, and Mr. Cardenas asserted the omission of the information was not intentional or with an intent to deceive the Board. Commissioner Kirkmeyer commented she does not believe the applicant's intention was to deceive, he is of good reputation and character. Commissioner Long agreed. Commissioner Garcia disagreed. Commissioner Rademacher disclosed he has known the applicant personally and vouched for his character, especially in light of the situations presented. Commissioner Rademacher moved to uphold the Board's earlier decision and authorize the Chair to sign the license. The motion was seconded by Commissioner Kirkmeyer. Chair Conway commented he agreed the omission was not by intent, he referenced the oversight of the Attorney, noted the length of time since the incidents, referred to references, and urged Mr. Cardenas to pay attention to character. Upon a call for the vote, the motion carried four to one, with Commissioner Garcia opposed. NEW BUSINESS: El 1) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 17 AT CR 28: Janet Carter, Department of Public Works, reviewed the provisions of the Stop sign installation request at the uncontrolled intersection. Commissioner Kirkmeyer moved to approve said installation. Commissioner Rademacher seconded the motion, which carried unanimously. El 2) CONSIDER CONTRACT FOR CDOT 1-25 MANAGED LANES TIGER GRANT AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, Department of Public Works, reviewed the terms of the contract, and the funding match requirement. Commissioner Kirkmeyer moved to approve said contract and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously. ID 3) CONSIDER BUDGET MODIFICATION TO INTERNET CRIMES AGAINST CHILDREN'S (ICAC) GRANT FOR DIGITAL MULITMEDIA TRAINING AND AUTHORIZE CHAIR TO SIGN: Ron Arndt, Regional Crime Lab Director, explained the modification request. Commissioner Kirkmeyer moved to approve said modification and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia, 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. Minutes, December 5, 2012 2012-3469 Page 4 BC0016 There being no further business, this meeting was adjourned at 11:40 a.m. BOARD OF COUNTY COMMISSIONERS !t\\ IEI1rP%WELD COUNTY, COLORADO • • ATTEST\PMrt.0b 1 ! i►,V( I� A. ia•i 1 :`Ot'z :`, an P. Corwaay, Chair Cy— Weld County Clerk to the B.� ' -1 r illiam F. ' arcia -Pro-Tem By;;;L:3-C 1 puty Cle k the Board A,(,(,tuJ,_2_ .1 ec', Barbara Kirkmeyeri David L`6 " '" 7)64 oug s ademach r Minutes, December 5, 2012 2012-3469 Page 5 BC0016 ...N.�. ---C— ' �, _ ir7� i—F- i: I z o a� o , I. I^ O 10s 1.1s CA p 0 o r r., o '7 u- s y " Cr C.-`- N a O.1 1/41 _ *! I IL `'v _ ' s z litm % , %.L. t i 3 4 °i Pi it IM ' t V "�� II o �I I � a v c ° Lt a V°I C' .. a0. 2 v c • LI a va E o i -V' I L) > m `o o m s _ OI m O'a :c. LT- VC -). i N � W V'` ,L 'a I ill_ el- - .-� N m vI u+ .n r m of o .+ 'NI m" v l•d SSb0-92L-0L6 neeAd eob:LL 3l 900eO Cs- II) rtil 30 m \,l cn m \ �` J I I I ^Ii I I I M �' h �,�nl I I I I z a p 'n,o I , rte', I I FI �! m�I, r � iv,IcI � o r Ir 4y J y I I 1^�I�' a I cs,lonoILJ *.n g S- al I- I 1 I I 0 3 @ �j P �I U ti lier_ i , J a, J 3 W 1 I Q ~ 'y0....-_ L, .� m � � �e ruT 2 m N X C C I Q u,. I., E O I o v J u > m 0 E. �� " Q ,I2 � Q 1 W I� Q' „I�� !v CO Ti)v LL IE 1TJ y W I 4 :I `��'I I J • -I cU• vi iiiY O, •L C �i ea YYYw Q ' U K I 'I. y N N ,--I 'i N N N N . N N N� I. N N c December 2, 2012 To Whom It May Concern: This letter is to formally express concern about the proposed "Patriot Ranch." According to the www.second-amendment.com website, the proposed facility is to be built as one of the largest shooting ranges in the country. A shooting range of this magnitude will have a significant impact on the entire surrounding area and is not in the best interest of the community. My husband and I live at 14922 Weld County Road 19, Platteville,CO 80651 which is approximately% mile from the eastern edge of the proposed shooting range. As homeowner's so near the proposed facility, it is of great concern that my rights as a homeowner are being undermined. Ownership rights of real property are often described as a bundle of legal rights. This bundle of rights includes the rights of enjoyment and use. The noise level and lighting put off from a gun range with 150 simultaneous shooting positions, plus additional areas for clay shooting,as proposed, will adversely affect the use and enjoyment of my property. This shooting range will be a nuisance. Allowing this nuisance will decrease my property value, decrease my rights as a property owner to use my property, and reduce my enjoyment in my property. This equates to a taking under the 5th Amendment of the United States Constitution and if the County were to allow this nuisance,just compensation would be mandated by the constitution or be in violation of my rights as a property owner. There is an identifiable and specific harm to my property because part of the value of a country home is in the fact that it is quiet. We do not want money in exchange for our peace. We just want what we purchased the property for--peace and quiet. Additionally,we are gravely concerned about the environmental impact of the Patriot Ranch, if allowed. There are bald eagles which nest in the surrounding area. (Check out the eagle cam provided by Fort St. Vrain.) Further,the ground contamination by the lead casings into the water system as well as the airborne contamination and its effects must be thoroughly investigated. We urge the Weld County Commissioners to stand by your stated vision statement'Government that works for you! What are we asking? It is simple. Do what is right. Stand up for the individual property rights of Weld County Land Owners that are adversely impacted by the proposed Patriot Ranch. �I Sincerely,CaY`Lora K. Lawrence eor1 R. Lawrence EXHIBIT rl-@fetialsla December 5, 2012 County Commissioners Weld County Administration Building 1150"O" St Greeley, CO 80631 T o our county commissioners and planners: My name is Robert McDaniel, my wife Aleta and I own the farm at 14965 Weld County road 19. It has come to our attention that there is a petition to annex the property to our west into the town of Firestone. Our understanding is that the prospective new owner intends on building a (as they proclaim) world class shooting range adjoining our property. We believe they have taken the approach to city annexation in order to circumvent the process the county would require, particularly in regard to re zoning. First, let me state that I am not opposed to shooting or shooting sports.As a fifth generation Colorado native I am an avid outdoorsman. I am a member of Ducks Unlimited, Rocky Mountain Elk Foundation and a long time Life member of the NRA. That said; I believe my perspective on the issue is well balanced. My wife and I purchased our 115 acre Farm in 2007; it has been a life-long dream of ours to be able to own this small piece of rural America;with plans of retiring and operating the farm and leaving a place for the future of our Children, Grandchildren and generations to come. If this project were to be allowed, it would end our dreams as we know them and impact our neighbors and the surrounding area in immeasurable ways. I am not in any way opposed to individuals improving themselves by business opportunity. However, in this case,this land as you know(and again is directly references by the prospective buyers) as one of the most pristine pieces of acreages in the entire front range. With miles of the St.Vrain river running through the center of the property, it provides not only unmatched scenic value, but irreplaceable habitat for a tremendous number of waterfowl, cranes and other wetland habitat species. In addition there are nesting Bald Eagles, Golden Eagles and numerous Hawk and Owl species. We also see significant numbers of big game species such as Whitetail deer, Mule deer, Wild Turkey and Bob Cat. EXHIBIT c la/s//2 In fact when we purchased our property we interviewed with Ducks Unlimited for a wetland restoration project and our property was in fact selected and the restoration was supported by not only Ducks Unlimited, but the US Fish and Wildlife Service and the Natural Resource Conservation Services.The river valley has high numbers of annual migrating birds and the river and wetlands are used by thousands of birds each year to feed and rest during their migration. I don't believe you need to be a biologist to understand what an active commercial gun range will do to the wildlife,the ground, plant life and other environmental concerns. And again, in their own words, "just minutes from Denver". Yes, it is quite a unique and special place, that will be completely changed and in many way's destroying the environment that has been in place since God created it. I am a realist and recognize that overtime development will come. From what we investigated prior to our purchase was the land was to be part of a low impact gravel operation. I spoke to several gravel operators about what that meant.They told me that they were very restricted on how and what they are able to mine. Minimizing any impact to existing habitat i.e. wetland,trees etc. and requiring extensive restoration.They stated that other similar projects, (in their opinion)they were required to not only restore but improve the environment vs.what they impacted. Now although my preference would be nothing would change on this property, I am again a realist and know its value, and that overtime things will change. I had imagined a gravel pit, an eventual wildlife sanctuary, but never a gun range! In conclusion, I would state that this will not only damage the properties in the surrounding area and devalue them immediately; it will also have tremendous impact on the livelihoods of my neighbors who own and operate businesses nearby. Also,considering (as the crow flies)the town of Firestone is only 3 miles,the nearest home development of Mead is 1.5 miles,and Platteville is 3.5 miles. How long will it be before whole communities would be impacted and in conflict with an outdoor gun range? This idea seems not only a very bad one for the reasons I have described earlier, but from a planning stand point, a very poor long range choice, even for the developer. I ask that the commission immediately end any possibly of this shooting facility by any means available to them. I believe this will be very bad publicity for everyone involved, including shooting sports itself. I would also invite the commission to visit my property and see for yourselves, the pristine and "tranquil" environment it really is, before anyone makes a decision that might irreparably damage it. Thank you again for your consideration. Respectfully submitted, till CD •. 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