HomeMy WebLinkAbout20121225.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 14, 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, May 14, 2012, at the hour of 9:00 a.m.
ID ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Sean P. Conway, Chair- EXCUSED
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 Long moved to approve the minutes of the Board of County
Commissioners meeting of May 9, 2012, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
ID CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on May 9, 2012, as follows: 1) USR12-0003 — Michael and
Kimberlea Miller. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
ID AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, stated H.B.1278 passed; unfortunately the
Colorado Water Conservancy Board and the Department of Natural Resources are going to ask the
Governor to veto the Bill. He referenced a water shortage situation in Tombstone, Arizona, and the
necessity for Coordination.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Long seconded the motion, and it carried unanimously.
BIDS:
APPROVE BID #B1200084, CAR WASH MODERNIZATION / MOTOR POOL BUILDING -
DEPARTMENT OF BUILDINGS AND GROUNDS: Monica Mika, Director, Department of Finance and
Administration, reviewed staffs recommendation for approval. Commissioner Rademacher moved to
\�,\3 Minutes, May 14, 2012 2012-1225
' Page 1 BC0016
approve the sole bid from Mark VII Equipment. The motion was seconded by Commissioner Long, and
it carried unanimously.
NEW BUSINESS:
la CONSIDER GRANT CONTRACT FOR HEALTHY EATING AND ACTIVE LIVING PROJECT AND
AUTHORIZE CHAIR TO SIGN - COLORADO HEALTH FOUNDATION: Dr. Mark Wallace, Director,
Department of Public Health and Environment, reviewed the terms of the contract. Commissioner Long
moved to approve said contract and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
e CONSIDER AMENDMENT # 1 TO TASK ORDER CONTRACT FOR CANCER,
CARDIOVASCULAR DISEASE, AND PULMONARY DISEASE PREVENTION COMPETITIVE GRANT
FOR WELD COUNTY CARDIOVASCULAR DISEASE PREVENTION PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr. Wallace reviewed the terms of the amendment. In response to Commissioner
Garcia, Dr. Wallace clarified this program focuses on women; however, it does also serve men.
Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
El CONSIDER TEMPORARY CLOSURE OF CR 18 BETWEEN CRS 53 AND 57: Janet Carter,
Department of Public Works, reviewed the provisions of the closure. Commissioner Rademacher
moved to approve said temporary closure. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
El CONSIDER TEMPORARY CLOSURE OF CR 76 BETWEEN CRS 51 AND 53: Ms. Carter
reviewed the provisions of the closure. Commissioner Long moved to approve said temporary closure.
The motion, which was seconded by Commissioner Rademacher, carried unanimously.
ID CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CRS 49 AND 51: Ms. Carter
reviewed the provisions of the closure. In response to Commissioner Kirkmeyer, Ms. Carter stated the
average daily traffic count is typically less than 200 vehicles; however, in the past six months it has
increased to 350, and the contractor doing the work for the Central Weld County Water District will be
responsible for applying magnesium chloride on the detour route. She further stated the 20-day closure
is a conservative estimate, they will likely complete the work early, and local traffic will be allowed
through. Commissioner Rademacher moved to approve said temporary closure. The motion, which
was seconded by Commissioner Kirkmeyer, carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT, GRANT OF PERMANENT
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JAMES MILDENBERGER,
DIANNE MILDENBERGER AND MARY ANN CHUMLEE: Leon Sievers, Department of Public Works,
reviewed the terms of the agreement for the second and final property for the County Road 49
improvement project. He stated the property owner will be reimbursed a total of $800.00.
Commissioner Kirkmeyer moved to approve said agreement and easements and authorize the Chair to
sign necessary documents. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT AND REASSIGNMENTS TO CHILD PROTECTION CITIZEN
REVIEW PANEL: Commissioner Long moved to appoint Elli Rathbun and reassign Sandra Bright and
Colleen Anthony to the Child Protection Citizen Review Panel. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
Minutes, May 14, 2012 2012-1225
Page 2 BC0016
e CONSIDER APPOINTMENT TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner
Kirkmeyer moved to appoint Wilmerd Velez to the Faith Partnership Council. Commissioner
Rademacher seconded the motion, and it carried unanimously.
e CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATION OF
PAY AND AUTHORIZE CHAIR TO SIGN: Ms. Mika recommended approval of the monthly report.
Commissioner Kirkmeyer moved to approve said report and authorize the Chair to sign. Commissioner
Rademacher seconded the motion, and it carried unanimously.
OLD PLANNING BUSINESS:
El CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1709 - SUNCOR ENERGY
(USA) PIPELINE COMPANY (CON'T FROM 3/12/12): Chris Gathman, Department of Planning
Services, stated this matter was continued from March 12, 2012, and since that time he has been
corresponding with the applicant regarding the outstanding issues of an Improvements Agreement, a
Final Drainage Report, and possible building permits prior to recording the plat. He explained staff is
also requesting additional information regarding the additional improvements located on the USR
parcel; however, the applicant contends the improvements are associated with the pipeline, which is
federally regulated and not subject to the USR permit.
El Jim Wardell, Attorney, represented the applicant and introduced Meagan Romano, Suncor
Right-of-Way Coordinator, J.C. Rock, Suncor in-house legal counsel, and Kelly Gleason, Director of
Pipeline Operations. He reviewed the applicant's understanding that the entire lot would not be under
the scope of the existing USR, and he discussed the two fundamental issues of disagreement
regarding the Improvements Agreement: proportionate sharing and the ongoing maintenance obligation
via collateral. Mr. Wardell requested a 60-day continuance to allow adequate time for a work session
with the Board to resolve these issues. He stated the applicant is willing to pay for its proportionate
share; however, the County should be responsible for the background traffic. He further stated the
traffic already exists on the roadway; it is not being increased as a result of this facility.
ID In response to Commissioner Rademacher, Mr. Wardell stated the project construction will be
done in phases, with 200 truck trips anticipated at full build out. Mr. Gathman explained the legal
description covered the entire lot A of Amended Recorded Exemption #2918; not just the 12 acres
where the improvements are located.
ILD David Bauer, Department of Public Works, explained how traffic counts are conducted and the
various vehicle classifications. He stated the proposed modular buildings on the west were not part of
the Drainage Report, which only addressed the 12-acre facility on the east. He further stated a water
quality feature will be required. Mr. Wardell stated the control building work is not part of the USR; the
applicant only intended for the USR to apply to the 12-acre facility area. Mr. Gathman reviewed the
location of an additional Suncor gas facility to the west of the subject site, which is permitted under a
separate USR, approved in the 1980's.
El Commissioner Kirkmeyer agreed the improvements on the west are not a part of this hearing;
however, the USR was for the entire parcel and that issue may need to be heard at a different time.
She stated the Improvements Agreement is the remaining outstanding item and she is willing to grant a
60-day continuance to allow for a work session to discuss what improvements have been made to
County Road 20 in relation to other facilities in the area, sight distance, turn lanes, the average daily
traffic count, and the number of trucks and other vehicles related to the loading facility. Commissioner
Kirkmeyer commented the property taxes paid by the applicant go to various County services, not just
road improvements; the Highway Users Tax Fund (HUTF) amount stays the same, regardless of new
Minutes, May 14, 2012 2012-1225
Page 3 BC0016
facilities; and the severance taxes go to the State. She further stated Improvements Agreements are
done consistently with all USR's,and this is not a taking in accordance with the Constitution.
ID Responding to Commissioner Garcia, Mr. Barker stated no further study is necessary by the
applicant prior to the work session,rather,they are just requesting direction from the Board on how to
resolve the outstanding terms of the agreement. Mr. Wardell reiterated the applicant has had
numerous discussions with the County Attorney's Office, and staff from the Departments of Public
Works and Planning Services;however,they have been unable to resolve their differences.
El Commissioner Rademacher moved to continue this matter to Monday,July 16,2012,at 9:00 a.m.
The motion was seconded by Commissioner Kirkmeyer,and it carried unanimously.
PLANNING:
E9 CONSIDER IMPROVEMENTS AGREEMENT, AUTHORIZE CHAIR TO SIGN, AND GRANT
TEMPORARY WAIVER OF COLLATERAL FOR USR PERMIT#1722 - DANIEL OCHSNER: Rich
Hastings, Department of Public Works, reviewed the terms of the agreement and location of the site.
He explained the collateral will not be required until a grading permit is requested. In response to
Commissioner Rademacher, Mr. Gathman agreed it was a contentious case; however, the applicant
has worked through most of the Conditions of Approval,and the applicant has indicated it may be one
or two years before he starts construction. Commissioner Rademacher moved to approve said
agreement, authorize the Chair to sign, and grant a temporary waiver of the collateral requirement.
Seconded by Commissioner Kirkmeyer,the motion 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 10:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: .r EXCUSED
Sean P Con ,Chair
Weld County Clerk to the Board C _
William F. arcia,Pro-Tem
BY: ..� _ .e�<_'a���•n�
Deputy Cle}to the Board EXCUSED DATE OF APPROVAL
`44� a ra Kirkmeyer
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avid E.Long \ d \
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Minutes,May 14,2012 2012-1225
Page 4 BC0016
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