HomeMy WebLinkAbout20122141.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 13, 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, Monday August 13, 2012, at the hour of 9:00 a.m.
le 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, Debbie Heffel/Esther Gesick
Director of Finance and Administration, Monica Mika
G MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 8, 2012, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
G PUBLIC INPUT: No public input was given.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to amend the Agenda to add
the following as item #1 under Planning and renumber the subsequent items: 1) Consider
Improvements Agreement According to Policy Regarding Collateral for Improvements, authorize Chair
to sign, and Accept Collateral for Use by Special Review Permit, USR11-0031 - Dave's Oilfield
Construction, LLC [2012-2142]. Commissioner Garcia seconded the motion, and it carried
unanimously.
CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, BOARD OF ADJUSTMENT — BRYANT GIMLIN: Chair
Conway read the Certificate recognizing Mr. Gimlin, who was not present, for his voluntary service on
the Board of Adjustment.
I] 2) RECOGNITION OF SERVICES, PLANNING COMMISSION - TOM HOLTON AND
ALEXANDER ZAUDER: Chair Conway read the certificates recognizing Tom Holton, who was not
Minutes, August 13, 2012 2012-2141
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present, and Alexander Zauder, for their voluntary service on the Planning Commission. Jason Maxey,
Planning Commission Chair, commended the men for their contributions.
BIDS:
▪ 1) APPROVE BID #61200103, CRITICAL INCIDENT STRESS MANAGEMENT SERVICES
PROPOSAL - DEPARTMENT OF HUMAN RESOURCES: Monica Mika, Director, Finance and
Finance and Administration, recommended approval of the sole bid. Commissioner Rademacher
moved to approve said bid as recommended by staff. The motion was seconded by Commissioner
Kirkmeyer and it carried unanimously.
NEW BUSINESS:
e 1) CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350
PERSONS ON SEPTEMBER 28, 29, AND 30, 2012 - LOVE-AIR R/C, INC./WARBIRDS OVER THE
ROCKIES: Brad Yatabe, Assistant County Attorney, provided a brief overview of the request. Deputy
Lisa Carpenter, Sheriff's Office, indicated no concerns with the application. Michael Dirks, Safety
Coordinator, explained the plans for the event. Roy Rudisill, Director, Office of Emergency
Management, indicated the Emergency Response Plan is adequate. Commissioner Rademacher
moved to approve said application, with the addition of language to the Resolution to require
compliance with the Weld County Code in the fifth "Whereas" paragraph. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
e 2) CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350
PERSONS ON SEPTEMBER 29, 2012 — MEAD ROTARY CLUB FOUNDATION: Mr. Yatabe reviewed
the event application. Deputy Carpenter indicated the applicant still needs to contact the Sheriff's
Office if they intend to utilize the services of the Weld County Posse for security. Terry Enright
representative, addressed questions raised by staff and the Board. Mr.Enright further explained a
portion of the funds will be used for water projects in Nicaragua. Commissioner Rademacher moved to
approve said application, with the addition of language to the Resolution to require compliance with the
Weld County Code in the fifth "Whereas" paragraph. Seconded by Commissioner Garcia, the motion
carried unanimously.
119 3) CONSIDER SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN - MEAD
ROTARY CLUB FOUNDATION: Mr. Yatabe indicated the application materials are in order for beer to
be served in relation to the event discussed in the previous item of business. Commissioner Garcia
moved to approve said permit and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
e 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ENCANA OIL AND
GAS, INC.: Christopher Woodruff, Assessor, reviewed staff's recommendation. Commissioner Garcia
moved to deny said petition. Commissioner Long seconded the motion, and it carried unanimously.
▪ 5) CONSIDER TEMPORARY CLOSURE OF CR 16 BETWEEN U.S. HIGHWAY 85 AND CR 29:
Amy Burry, Department of Public Works, reviewed the provisions of the closure. Commissioner
Rademacher moved to approve said temporary closure. Seconded by Commissioner Garcia, the
motion carried unanimously.
e 6) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZE SALE OF SAME TO CITY OF FORT LUPTON: Barb Connolly, Controller, reviewed the
surplus equipment list. Commissioner Kirkmeyer moved to declare said equipment as surplus and
Minutes, August 13, 2012 2012-2141
Page 2 BC0016
authorize the sale of same to the City of Fort Lupton. Seconded by Commissioner Garcia, the motion
carried unanimously.
E 7) CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND AUTHORIZE
CHAIR TO SIGN - JORDAN JEMIOLA: Commissioner Garcia explained the purpose of the agreement.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Garcia, carried unanimously.
e 8) CONSIDER EXPRESSION OF OPPOSITION TO COLORADO CONSTITUTIONAL
AMENDMENT 64 WHICH SEEKS TO LEGALIZE THE POSSESSION AND CONSUMPTION OF
LIMITED AMOUNTS OF MARIJUANA BY PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:
Brad Yatabe, Assistant County Attorney, presented the matter. Following discussion, Commissioner
Garcia moved to continue said matter to August 22, 2012, to allow for additional time for revision and
review of said resolution. Commissioner Rademacher seconded the motion, and it carried unanimously.
e 9) CONSIDER DUST BLOWING COMPLAINT — FRED EIFERT: Bob Choate, Assistant County
Attorney, displayed a PowerPoint presentation and reviewed the dust blowing complaint made against
Fred Eifert, property owner. a Randy Anderson, surrounding property owner, explained the damage
to his property and the work involved to attempt to correct the situation. Mr. Anderson indicated he
wants the matter resolved and to receive payment for damages to his property. E Joyce Wallace,
West Greeley Soil Conservation District, read from the District Summary Report. El Victor Von Felt,
surrounding property owner, gave a brief overview of the damages to his property. El
Mike Armstrong, surrounding property owner, indicated he has also received damage to his property.
e Debbie Anderson, surrounding property owner, agreed with the previous statements. ti Mr.
Eifert indicated the dust blowing has been a result of the drought and reviewed his attempts to correct
the situation. Mr. Eifert provided photographs, marked Exhibit A, and answered questions from the
Board. El Following discussion, Commissioner Garcia moved to make the following Findings of Fact:
1) That soil is blowing from the land in sufficient quantity to be injurious to private property; 2) That an
emergency exists; 3) That the operation has been in existence for more than one year and the
operation is negligent; 4) That such blowing can be prevented or materially lessened by treatment of
the soil; and 5) That property damage appears to be resulting from soil blowing. His motion included
instruction to Mr. Eifert to take the following remedial measures: 1) Work in conjunction with the
representatives of the West Greeley Soil Conservation District to determine the best treatment of the
soil. A manure application is not appropriate under these circumstances; 2) The soil shall be planted
with a cover crop using a no-till application, so as not to exacerbate the blowing soil, and If available
water shall be applied. Planting shall be completed by October 1, 2012; and 3) Weed control
operations shall be commence no later than May 1, 2013. The motion was seconded by Commissioner
Kirkmeyer. Upon a roll call vote, the motion carried four to one, with Commissioner Rademacher
opposed.
PLANNING:
e 1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR11-0031 - DAVE'S OILFIELD CONSTRUCTION, LLC:
Rich Hastings, Department of Public Works, provided a brief summary of the location and explained the
terms of the agreement. Commissioner Kirkmeyer moved to approve said agreement, accept the
collateral, and authorize the Chair to sign. Seconded by Commissioner Rademacher the motion carried
unanimously.
Minutes, August 13, 2012 2012-2141
Page 3 BC0016
2) CONSIDER FOUR-LOT RECORDED EXEMPTION , RECX12-0071 - FAITH TABERNACLE
CHURCH , INC . : Diana Aungst , Department of Planning Services , provided a brief description of the
location , explained the request, displayed photographs of the site , and answered questions from the
Board . IE Danny Perdew, Pastor or Faith Tabernacle Church , reviewed the applicant's proposal and
answered questions from the Board . El Tom Parko , Department of Planning Services, provided
further explanation regardirjz the development options presented to the applicant and answered
questions from the Board . IPA In response to Chair Conway , Mr. Perdew indicated he has reviewed
the Conditions of Approval and presented questions to staff and the Board on the intent of certain
requirements . El Commissioner Garcia moved to approve Four-Lot Recorded Exemption , RECX12-
0071 , with the Conditions of Approval as proposed and a modification to Condition #5 to allow 120 days
to submit the plat . Following discussion concerning the intent for future Recorded Exemption
applications the motion was seconded by Commissioner Long , and it carried unanimously.
El 3) SECOND READING OF CODE ORDINANCE #2012-4 , IN THE MATTER OF REPEALING
AND REENACTING , WITH AMENDMENTS , CHAPTER 20 IMPACT FEES , CHAPTER 23 ZONING ,
AND CHAPTER 29 BUILDING REGULATIONS , OF THE WELD COUNTY CODE : Commissioner
Rademacher moved to continue the second reading of Code Ordinance #2012-4 to September 5 , 2012 .
Commissioner Kirkmeyer seconded the motion , which 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 11 : 30 a . m .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST : 3ti- • J�
Sean P o a , Chair
Weld County Clerk to the Board
7Th William F. ='- rcia , Pro- ecn
BY: it\ 11L %v 9rI ) t)- J` 1
Deputy Clef to the. Board
Barb -r irkmeyer
F
1161 t avid E . Long
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'U ! \ ,j ■ougl . s Rademacher
Minutes , August 13, 2012 2012-2141
Page 4 BC0016
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