HomeMy WebLinkAbout20110889.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 4, 2011
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
Centennial Center, Greeley, Colorado, April 4, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 30, 2011, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on March 30, 2011, as follows: 1) USR #1775 - Philip Haynes. Commissioner
Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add New Item of Business
#10) Consider Temporary Closure of County Road 22 between CRs 31 and 37, and renumber
accordingly. Seconded by Commissioner Conway, the motion carried unanimously.
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:
CONSIDER AMENDMENT #1 TO AGREEMENT FOR PROVISION OF INTERNSHIP EXPERIENCES
AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Dr. Mark
Wallace, M.D., Director, Department of Public Health and Environment, stated this is an amendment to
a five (5) year agreement which the Board previously approved for internship experiences, and the
agreement commenced January 1, 2010. He stated both parties have determined it is in their best
interests to add an item which requires documentation of student immunizations against vaccine-
preventable illnesses prior to beginning internships. He stated all the other terms of the agreement will
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remain the same. Commissioner Conway moved to approve said amendment and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR COLORADO WASTE TIRE GRANT PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr. Wallace stated this grant application was submitted to the Colorado Department
of Local Affairs (DOLA) in previous years; however, this year the application will be submitted to the
Colorado Department of Public Health and Environment. He stated other than the oversight agency
changing, the application is the same as it was in previous years. He stated the Department anticipates
processing approximately 25,000 tires, most of which will be passenger vehicle tires without rims;
however, there will also be passenger vehicle tires with rims processed, as well as truck and tractor
tires. Dr. Wallace stated the proposed contractor for the program is Snowy River Enterprises, and the
application requests $36,763.00 to carry out the recycling. He stated if the application is approved, the
Department will have 12 months to use the funding to recycle the tires. Commissioner Rademacher
moved to approve said application and authorize the Chair to sign. Commissioner Garcia seconded the
motion.
In response to Monica Mika, Director of Finance and Administration, Dr. Wallace clarified the in-kind
County match is $22,346.00, which is for staff who are already employed by the Department. In
response to Commissioner Conway, Chair Kirkmeyer stated the Program was initiated in the year 1994.
There being no further discussion, the motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF SERVICES AND AUTHORIZE CHAIR TO SIGN -
CDI HEAD START SERVING WELD COUNTY: Dr. Wallace stated this is a new agreement to share a
registered dietician with CDI Head Start Serving Weld County. He stated the Department currently
employs a dietician on a part-time basis to provide nutrition counseling, CDI Head Start Serving Weld
County is seeking limited services from a registered dietician, and the Department's dietician is
qualified to complete the services. He stated the requested services include developing nutrition work
plans, monitoring meal preparation and compliance with all United States Department of Agriculture
(USDA) regulations, providing training to classroom staff and families on nutrition and curriculum,
approving menus and special diets, and providing consultations with families on nutrition concerns. He
stated under the agreement, CDI Head Start Serving Weld County will reimburse the Department an
hourly rate for the dietician, for up to eight (8) hours per week, and it will reimburse the dietician directly
for mileage. Dr. Wallace stated the agreement will not cut into any of the Department's programming,
the dietician is interested in working the additional hours, and this is an opportunity to share a resource
which is difficult for agencies to obtain on a part-time basis for the number of hours CDI Head Start
Serving Weld County is seeking assistance. In response to Commissioner Conway, Dr. Wallace
confirmed the reimbursement rate covers all the Department's costs for the eight (8) hours CDI Head
Start Serving Weld County will utilize the dietician. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR A TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Bruce Barker,
County Attorney, stated the Sheriff's Office has not indicated any concerns about this renewal
application; therefore, he recommends approval. Commissioner Garcia moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
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CONSIDER RENEWAL APPLICATION FOR A RETAIL LIQUOR STORE LICENSE AND AUTHORIZE
CHAIR TO SIGN — DOROTHY ZITEK, DBA HEREFORD PACKAGE LIQUOR: Mr. Barker stated the
Sheriff's Office has no concerns about this renewal application; therefore, he recommends approval.
Commissioner Rademacher moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 70 BETWEEN CR 37 AND U.S. HIGHWAY 85: Janet
Carter, Department of Public Works, stated said closure will commence today, through April 7, 2011, in
order to replace a culvert. She stated the Department will be replacing a 15-inch corrugated metal pipe
with an 18-inch corrugated metal pipe, and water will be used for dust control on the gravel portions of
the detour route. She stated road signs and barricades will be used throughout the closure, and the
average daily traffic count for County Road 70 is 114 vehicles, according to a traffic count taken in the
year 2010. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 39 BETWEEN CR 46 AND MAIN STREET: Ms. Carter
stated said closure will commence April 11, 2011, through April 15, 2011, in order to replace a culvert.
She stated a 15-inch corrugated metal pipe is being replaced, which is used for irrigation. She stated
magnesium chloride will be utilized for dust control on the gravel portions of the detour route and the
average daily traffic count for County Road 39 is 1,165 vehicles, according to a traffic count taken this
year. She stated message boards will be utilized throughout the closure, and road signs and
barricades will be used throughout the closure. Chair Kirkmeyer inquired as to whether the Town of
LaSalle is aware of this road closure. Ms. Carter stated the surrounding communities are typically
notified of temporary road closures, as well as the surrounding property owners, and she will telephone
the Town of LaSalle today to ensure it is aware of the closure. Commissioner Conway moved to
approve said temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CRS 41 AND 43: Ms. Carter stated said
closure will commence today, through April 8, 2011, in order to replace a culvert. She stated a 15-inch
corrugated metal irrigation pipe will be replaced, and magnesium chloride will be utilized for dust control
on the gravel portions of the detour route. She stated the average daily traffic count for County
Road 50 is 652 vehicles, according to a traffic count taken in the year 2010. She stated road signs and
barricades will be used throughout the closure. Commissioner Rademacher moved to approve said
temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 43 BETWEEN CRS 84 AND 86: Ms. Carter stated said
closure will commence April 11, 2011, through April 13, 2011, in order to replace a culvert. She stated
a 15-inch culvert will be replaced, in advance of a maintenance overlay project the Department will be
commencing. She stated she has a more recent traffic count than what was indicated in the paperwork
she submitted; the average daily traffic count for County Road 43 is 500 vehicles, according to a traffic
count taken in the year 2010, and road signs and barricades will be utilized throughout the closure.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 22 BETWEEN CRS 31 AND 37: Ms. Carter thanked the
Board for adding this item of business to the agenda today, and she stated this closure will commence
April 11, 2011, through April 15, 2011, in order to replace a culvert, in advance of a maintenance
overlay project on County Road 31. She stated that the Board approved the temporary closure of
County Road 22 on March 23, 2011, between U.S. Highway 85 and County Road 31, for one (1) culvert
crossing; however, the engineers have changed the design, since they have determined the previous
route is not sufficient and they need to utilize a different route. She stated magnesium chloride will be
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utilized on the gravel portions of the detour route and the average daily traffic count on County Road 22
is 1,000 vehicles, according to a traffic count taken in the year 2007. Ms. Carter stated message
boards will be utilized in advance of the closure, and road signs and barricades will be used throughout
the closure. Commissioner Garcia moved to approve said temporary closure. Commissioner Conway
seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE BENEATH CR 54 AND AUTHORIZE CHAIR TO SIGN — EDWARD KINZER:
Ms. Carter stated the Department has begun the practice of obtaining nonexclusive license
agreements, as opposed to allowing private facilities to install pipelines beneath County roads as part
of their right-of-way agreement; the nonexclusive license agreements are now a requirement for the
right-of-way agreement. She stated this agreement is for the installation of a 12-inch private irrigation
pipe under County Road 54, between County Roads 21 and 19. In response to Commissioner
Rademacher, Ms. Carter indicated Mr. Kinzer will be responsible for completing the construction and
maintenance, and the work will be under warranty. Further responding to Commissioner Rademacher,
Ms. Carter stated Mr. Kinzer is responsible for the maintenance of the irrigation pipe, since the pipe
only benefits him; however, if the pipe was for public use and beneficial to many people, he would not
be responsible for its maintenance. Responding to Commissioner Rademacher, Ms. Carter stated the
County will monitor the construction process, since it is within the County right-of-way, to ensure the
roadway is not damaged and the traveling public is not impacted; however, the County is not
responsible for the type of facility installed. In response to Chair Kirkmeyer, Ms. Carter stated that the
depth the pipeline must be installed depends on each situation, and she can include the depth the
pipelines are being installed with the documentation she presents in the future if the Board is interested
in seeing that information. Chair Kirkmeyer and Commissioner Rademacher indicated they would like
the information provided in the future. Ms. Carter indicated she will include the depth information in the
future and she will also e-mail the Board the requested information for this item of business.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE BENEATH CR 64 AND AUTHORIZE CHAIR TO SIGN - TIMOTHY SCHOLFIELD:
Ms. Carter stated this agreement is for the installation of an 18-inch PVC irrigation pipe under County
Road 64, between County Roads 59 and 61, and the agreement is one (1) of the requirements of the
right-of-way permit. Commissioner Rademacher moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE BENEATH CR 61 AND AUTHORIZE CHAIR TO SIGN - MONTE VISTA
DAIRY,LLC/DEVRIES FAMILY TRUST: Ms. Carter stated this is another agreement required for a
right-of-way permit, for the installation of a 10-inch PVC irrigation pipe and a two (2) inch utility conduit
pipe, under County Road 61, between County Roads 62 and 64. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER AGREEMENT FOR RIGHT-OF-ENTRY ON WELD COUNTY PROPERTY TO SURVEY
FOR POSSIBLE LOCATION OF PIPELINE AND AUTHORIZE CHAIR TO SIGN - DCP
MIDSTREAM, LP: Mr. Barker stated this is a request from DCP Midstream, LP, to access property
owned by Weld County for the purpose of surveying. He stated he used the format from a previous
agreement to draft this one, and the provisions include an insurance agreement which names the
Board of Weld County Commissioners as an additional insured entity. He stated the property was
deeded to the County in the year 1965, and in the year 1995 he researched the matter and he could not
find the reason why the parcels were deeded to the County. He clarified there are two (2) parcels;
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one (1) of the parcels consists of 4.1314 acres and the other is 1.7985 acres in size. Mr. Barker stated
in the year 1995, the Board allowed Garrity, which later transferred its holdings to DCP Midstream, LP,
to place the tank battery on the property and install flow lines through a surface use agreement. He
stated DCP Midstream, LP, intends to extend an existing line to an adjacent property, in order to
service two (2) wells. Mr. Barker stated he will check the market rate for the flow line and there will be
an agreement presented to the Board; however, this agreement is just for the survey. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
SECOND READING OF CODE ORDINANCE #2011-5, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 22
COMPREHENSIVE PLAN, OF THE WELD COUNTY CODE: Commissioner Garcia moved to read
Ordinance #2011-5 by title only. Commissioner Rademacher seconded the motion, which carried
unanimously. Mr. Barker read the Ordinance into the record by title.
Elizabeth Relford, Department of Public Works, stated she is happy to present the County's first
Transportation Plan, which resulted from a recommendation regarding the Comprehensive Plan in the
year 2008. She stated the process began approximately two (2) years ago, when there was a meeting
conducted to establish the purpose for the Transportation Plan. She stated the purpose for the
Transportation Plan was determined to be "to provide a coordinated County-wide road system which
moves people and goods in a safe, economical, and efficient manner". Ms. Relford stated after the
purpose was determined, the goals and direction of the Transportation Plan were created, and the
Transportation Plan is a planning document, which is intended to provide technical guidance to the
Board of County Commissioners, as well as staff, and to facilitate coordination between government
agencies. She stated one (1) of the major goals of the Transportation Plan was to establish a
classification system and a functional classification map, and there were a total of eight (8) goals
established. She stated staff evaluated the existing conditions of the Weld County Code, the existing
municipal transportation plans, the existing County road alignment studies, and the existing
infrastructure; and they developed a segmented roadway inventory spreadsheet, which required
collecting information from all of the different divisions of the Department of Public Works. Ms. Relford
stated a lot of the existing transportation planning history was incorporated as part of the
Comprehensive Plan updates in the past, and the last official road classification map was adopted by
the County in the year 1995. She stated staff also considered the Strategic Roadway Plan, the
1-25 Mixed-Use Development (MUD) Area Structural Transportation Plan, and the Functional
Classification Maps which were created by Felsburg, Holt, and Ullevig, and although those maps were
never officially adopted, staff uses the maps as a land use reference. She stated multiple alignment
studies were conducted from the year 2003, through the year 2009, where the studies attempted to
connect the strategic roads over major waterways. She stated the Transportation Plan objectives are
need based, as opposed to being fiscally-constrained. Ms. Relford stated staff identified the needs for
the arterial and collector road system, over a 25-year span, and it developed a Functional Classification
Plan Map. She stated staff recommends establishing a Level of Service (LOS) C for Weld County's
roads, since this has been the intention in the past, and the Impact Fees Study was based on LOS C;
however, it has not previously been official. She stated the Strategic Roadway Plan focused on
approximately seven (7) arterial roads, and staff is recommending all the arterial and collector roads be
evaluated as an overall roadway network, which is consistent with what was considered for the Impact
Fees Study. She stated the LOS ranges from A to F, and LOS A is free flow movement; whereas,
LOS F is no movement. Ms. Relford stated many communities select LOS D for their roads; therefore,
LOS C is setting the bar high, and staff feels Weld County can meet LOS C. She stated the Functional
Classification Plan is one of the most important aspects of the Transportation Plan because it classifies
the roads and helps staff to plan which rights-of-way need to be preserved for ultimate arterial and
collector road sections. She stated the Departments of Planning Services and Public Works rely
heavily on the Functional Classification Plan, and it is considered by staff when it is processing land use
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applications. Ms. Relford stated Table 11 contains the road classification definitions and it was used to
define the arterial and collector roads, and staff identified different standards for rural and urban roads.
She stated most of Weld County's roads are rural, and the urban roads lead into communities with
sidewalks, curbs, and gutters. She recommended adoption of the Functional Classification Map, and
she stated the pink lines represent arterial roads, the green lines represent collector roads, and the blue
lines represent the alignments which have not been constructed, yet are consistent with the corridor
studies, with the exception of Pioneer, which was not identified through an alignment study; however, it
was identified through its planning process. Ms. Relford stated the schematic can be used to help
guide staff as to whether roads should be classified as arterial, collector, or local road; however, it is not
set in stone. She stated since the last time she met with the Board there have been a few changes,
most of which are the result of data being updated with more current information. She stated table
reflecting the County's top 10 busiest roads has been updated; the table will be located in the same
section of the plan, the information is just more current. She stated a table has been added to Page 40
with accident analysis data for the year 2010. Ms. Relford stated the Colorado Department of
Transportation (CDOT) recommended the placement of some of the tables be changed; therefore, she
moved the table indicating the percentages of arterial, collector, and local roads to Page 25, and the
Vehicle Miles of Travel (VMT) table was moved to the functional classification section. She stated the
roadway inventory was used to project its volumes to develop short range, mid range, and long range
projects based on determining which arterial and collector roads would be most impacted if no
improvements were made to the road system and volumes increased in the year 2035. She stated this
list does not imply these improvements will be completed; it just identifies what the County would be
dealing with if no capacity expansion improvements were completed. Ms. Relford stated safety is a
priority of the transportation network, and staff wants to continue protecting its infrastructure by placing
an emphasis on maintaining and improving existing transportation facilities, rather than considering new
facilities, based on the current economic situation, since it is difficult enough to maintain the existing
infrastructure. She indicated staff intends to continue coordinating with other jurisdictions to identify
feasible projects. She stated staff will review the Transportation Plan annually and revise it every
five (5) years, which is typical of planning documents, such as the Comprehensive Plan. Ms. Relford
stated she has met with most of the municipalities within Weld County regarding the Transportation
Plan, she has attended Bull's Eye meetings, she attended quarterly meetings with the communities,
along with the Department of Planning Services staff, staff communicated with the surrounding
communities through electronic mail (e-mail), and an online transportation survey was completed. She
stated feedback on the Transportation Plan was received from Larimer and Boulder Counties; the Cities
of Broomfield, Evans, Greeley, and Northglenn; the Towns of Firestone, Hudson, Milliken, and Windsor;
and CDOT. She stated she included the correspondence received from the surrounding communities
in the supporting documentation, and the Planning Commission reviewed the Transportation Plan on
March 1, 2011. She stated she also included the roadway inventory as part of the Transportation Plan,
along with the conceptual cost estimates; the interim and ultimate road sections, since developers will
request this information; access management guidelines; the adequate public facilities plan, which
sometimes affects project rankings; roundabouts; the on-line survey results, and common acronyms.
Ms. Relford stated the Transportation Plan will be added as Appendix N of Chapter 8 of the Weld
County Code, and the Functional Classification Map will be Appendix O. She stated updating the items
will be easier in the future if the items are appendices, particularly the Functional Classification Map,
which staff intends to update every two (2) years. She indicated staff has been trying to clean up
portions of the Comprehensive Plan to be consistent with the Transportation Plan, and she anticipates
staff will also need to make changes to the Subdivision and Zoning portions of the Weld County Code,
for consistency. She stated the Planning Commission recommends approval of the proposed
Ordinance. In response to Commissioner Conway, Ms. Relford indicated she is confident she has
contacted all of the municipalities, since she initially telephoned each municipality, other than
unincorporated communities, she requested a contact person for each municipality, and she compiled
an e-mail distribution list of all of the designated contacts, which received new information as it became
available and had an opportunity to comment on the proposed Ordinance. Further responding to
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Page 6 BC0016
Commissioner Conway, Ms. Relford stated the Town of Milliken submitted feedback, in the form of an
e-mail indicating it did not have any concerns; however, the Town of Johnstown did not submit any
feedback. Chair Kirkmeyer stated Boulder County submitted approximately five (5) pages of
comments, and the City of Greeley submitted approximately three (3) pages of feedback. In response
to Chair Kirkmeyer, Ms. Relford stated most of the feedback from the various communities consisted of
suggestions for what ultimate right-of-way cross sections the County should identify, based on the
ultimate rights-of-way each community has identified; however, the problem is all the communities have
different sections identified. She stated everyone seemed comfortable with the collector right-of-way
standard, which is 80 feet of right-of-way, and she feels the main issues expressed in the comments
have all been addressed. Commissioner Conway stated the communities which did not provide
feedback may be very satisfied with the proposed Ordinance. In response to Commissioner Conway,
Ms. Relford stated she has not received any additional concerns between the first and second readings
of the proposed Ordinance. In response to Commissioner Garcia, Ms. Relford confirmed the
roundabout information was provided solely for informational purposes, and there are not any
roundabouts mandated in the Transportation Plan. Chair Kirkmeyer stated she and Ms. Relford
attended a Fire Chiefs Association meeting, and they reviewed the information and had the opportunity
to comment. She gave the opportunity for public testimony; however, none was provided. She stated
Ms. Relford did a great job with the proposed Transportation Plan, and she thanked Ms. Carter for her
contributions to the update. Chair Kirkmeyer indicated CDOT, Boulder and Larimer Counties, and the
City of Broomfield provided positive comments about Ms. Relford and Ms. Carter, and she thanked
them for reaching out to all the communities. Commissioner Conway concurred with Chair Kirkmeyer's
comments. He indicated there will inevitably be someone who asserts they did not know about the
proposed Ordinance, or they were not involved in the process; however, staff has done as good of a job
as it can to notify the public and allow feedback, and there is still time for the public to be involved; the
public can still provide testimony at the final reading. Commissioner Rademacher concurred with
Commissioner Conway's comments, and he moved to approve Ordinance #2011-5 on second reading.
Seconded by Commissioner Conway, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2011-5 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, April 4, 2011 2011-0889
Page 7 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, April 4, 2011 2011-0889
Page 8 BC0016
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