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HomeMy WebLinkAbout20091118.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 11, 2009 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, May 11, 2009, 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 H. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Jennifer VanEgdom Controller, Barb Connolly MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of May 6, 2009, as printed. Commissioner Conway seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on May 6, 2009, as follows: 1) USR-1690 - HP Farms Holdings, LLC, c/o Kerr-McGee Oil and Gas OnShore, LP. Commissioner Kirkmeyer seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. 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. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: PRESENT BID #B0900105, CR 29 CEMENT/MODIFIED SOIL - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Administrative Services, read the names of the two vendors who submitted a bid into the record. Said bid will be considered for approval on May 27, 2009. APPROVE BID #60900089, DOCUMENT DESTRUCTION AND RECYCLING SERVICES - DEPARTMENT OF BUILDINGS AND GROUNDS (CON'T FROM 05/04/09): Ms. Mika indicated staff 2009-1118 BC0016 recommends acceptance of the low bid from National Recycling, Inc., for document destruction; however, staff does not recommend awarding the additional recycling option. Commissioner Conway moved to approve said low bid, for document destruction services only, based upon staffs recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. NEW BUSINESS: CONSIDER AMENDMENT TO CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - REFLECTIONS FOR YOUTH, INC.: Judy Griego, Director, Department of Human Services, stated the amendment provides for an increase to the maximum allowable expenditure total, to allow for the completion of an increased need of day treatment services. She confirmed the expenditure total will be increased to $30,000.00, and is provided through CORE Services funding. Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR WELD COURT ARRAIGNMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - SIERRA DETENTION SYSTEMS: Ms. Mika stated the agreement provides for the placement of the necessary video equipment for arraignment proceedings within the newly remodeled portion of the Centennial Center, utilized by the Courts. She indicated Sierra Detention Systems installed the video equipment currently being utilized by the Courts, and the amount of the agreement totals $91,275.00, which is included within the overall budget for the remodel project. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER REQUEST FOR PURCHASE OF EQUIPMENT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - MACDONALD EQUIPMENT COMPANY: Pat Persichino, Director, Department of Public Works, stated the street sweeper has been leased by the County for the past three months, and the Department now desires to purchase the equipment, for a remaining balance of $144,110.00. Responding to Commissioner Rademacher, Mr. Persichino clarified the Department made the decision to save funds by leasing the 2008 demonstration model for a period of 90 days, since it contained low mileage and limited hours of operation. He further clarified the Department is happy with the equipment and would like to purchase it, therefore, the lease fees paid for the past 90 days will be credited to the cost of the equipment. Commissioner Rademacher moved to approve said purchase request and authorize the Chair to sign any necessary documents. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER REQUEST FOR PURCHASE OF EQUIPMENT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - POWER EQUIPMENT COMPANY: Mr. Persichino indicated the two purchase agreements from Power Equipment Company are for two used pieces of equipment, the first being a Bomag Roller, which is utilized for asphalt operations. He stated the machine contains 1,254 working hours, and is a 2006 model which was previously utilized as part of the rental fleet. He confirmed the item is the same as the equipment previously utilized by the Department within an asphalt project in the year 2008. He clarified the purchase of this item of equipment will save staff time, due to the attached calibration system, and the purchase price is in the amount of $97,600.00. He further clarified the cost of equipment, if it were to be purchased brand new, would cost between $135,000 to $140,000. Mr. Persichino stated the second piece of equipment is a 2008 Volvo Loader, which is also a used piece of equipment, and it will replace a piece of equipment containing more than 19,000 operation hours, which blew a transmission last week. He clarified both pieces of equipment contain a full one-year warranty and a three-year powertrain warranty, the purchase price for the second piece of equipment is in the amount of $116,823.00, and the purchase price for a new piece of equipment would total approximately $174,000.00 Commissioner Kirkmeyer moved to approve said request and authorize the Chair to sign any necessary documents. Seconded by Commissioner Long, the motion carried unanimously. Minutes, May 11, 2009 2009-1118 Page 2 BC0016 CONSIDER ACCEPTANCE OF CR 49 / IMBODEN ROAD ALIGNMENT STUDY: Wayne Howard, Department of Public Works, stated a hearing was held two weeks ago to receive public input regarding the study, and since that time, no new information or comments have been presented to the Department. In response to Commissioner Kirkmeyer, Mr. Howard indicated Adams County is currently completing the same public input process, and a representative from Adams County is present today. Commissioner Kirkmeyer stated several property owners within the area have indicated to her that they were not informed of the public input hearing, or the other informational meeting times. She clarified one woman indicated to her that she was informed at one of the informational hearings that she was not supposed to be present at the meeting since her name was not on the mailing list. Responding to Commissioner Kirkmeyer, Mr. Howard indicated at the beginning of the study process, the area of impact is determined, and then notice is provided to property owners within one -mile of the designated impact area. He confirmed the list is compiled from the property records list obtained from the Assessor's Office, and over 600 notices were mailed out for this project. He confirmed the budget for the project did not include the funds to produce and send out an extremely large number of notices; however, word of mouth regarding the project provided information to additional residents within with area. He clarified no one was turned away from the information meetings, and all residents were welcome to express their opinions. He further clarified many residents who lived outside of the designated impact area attended the informational meetings after receiving notice of the meetings from neighbors and friends. He indicated the notices for the information meetings were sent out two weeks in advance; however, due to the slowness of the mail delivery in some areas, several property owners indicated they did not receive the notice until a couple of days before the meeting. He confirmed the notices for the public input hearing were sent out three weeks in advance. Further responding to Commissioner Kirkmeyer, Mr. Howard confirmed notices were sent to property owners in Weld and Adams County, and a majority of the surrounding property owners on the list were actually residents of Adams County due, in part, to the high -density subdivision within the surrounding area. In response to Commissioner Kirkmeyer, Mr. Howard indicated all property owners along County Road 49, up to a mile north of County Road 4, were provided notice of the meetings and hearing. He clarified the study contains a map with an oval -shaped boundary area, which depicts the area of influence, and the records obtained from the Assessor's Office are occasionally outdated for various residences. He confirmed the County website contained information regarding this project, and residents had the ability to request that their name be added to the notification list. In response to Chair Garcia, Commissioner Kirkmeyer re -iterated a woman, who lives near the intersection of County Roads 49 and 6, previously indicated to her that she was informed that she should not be present at the informational meeting since her name and address were not on the notification list. Responding to Commissioner Conway, Commissioner Kirkmeyer indicated she is not aware of who provided the information to the woman. Jeanne Shreve, Adams County Transportation Coordinator, stated she is present on behalf of Adams County, to urge the Commissioners to support the alignment study. She clarified Weld County and Adams County entered into an IntergovernmentalAgreement (IGA) regarding this project in 2008, and the purpose of the study was to determine the best way to connect a strategic corridor between the two counties. She indicated many people have questioned why Watkins Road is not being studied, and she clarified, south of 120th Avenue, the road runs into Denver International Airport (DIA). She further indicated Adams County desires to promote mobility, and Imboden Road is the first road east of the airport boundaries. She stated several mailings were sent to surrounding property owners, due to the potential future connection of the two roads. She clarified the connection of the roads will create a north -south arterial, connecting traffic all the way from State Highway 14 to Interstate 70. She indicated it is important for the counties to be pro -active and begin the planning process now, so that when it is necessary to expand the road in the future, many of the details will already be accomplished. Ms. Shreve indicated Adams County recently completed the 120th Avenue Parkway Extension Project, which utilized federal funds; however, it took a total of approximately 20 years to plan for the road and to complete the necessary construction. She confirmed alternative roads have been available within the past 20 years; however, by the year 2002, the roads within Adams County became severely congested, and at that point, the necessity of the Minutes, May 11, 2009 2009-1118 Page 3 BC0016 construction project for 120th Avenue was triggered. She clarified that at some point in the future, the connection of the roadways will be necessary, and if the two counties do not begin the planning process right now, developers may unknowingly begin to build homes within close proximity to an arterial roadway, or affected businesses may lose valuable customer parking areas. Commissioner Conway questioned why Adams County has ruled that Watkins Road is not a viable alternative. In response, Ms. Shreve reiterated Watkins Road does not extend south of 120th Avenue, and Imboden Road is the first road entirely east of DIA that will allow traffic to travel south to 1-70. She further stated Watkins Road, north of 160th Avenue, runs into Box Elder Creek, and the road becomes a ditch access road, therefore, the alignment would be required to be altered, which would create numerous curves in the road. She indicated Adams County desires to protect the traveling public by providing a safe, efficient way for motorists to travel, and utilizing the Watkins Road alignment will create too many curves to get around the Box Elder Creek and more surrounding property owners would be affected by utilizing Watkins Road, which would create an increase in financial setbacks. No public testimony was provided concerning the matter. Commissioner Kirkmeyer stated she questions whether this portion of County Road 49 should be considered as a strategic roadway, especially since the road does not currently connect with Interstate 76. She confirmed she believes the road does not meet the classification of a strategic or arterial roadway, and she does not desire for the road to become a designated truck route since there are residential developments adjacent to the road. She indicated she understands the Board is being requested to approve the alignment study so that Planning staff may utilize a future plan; however, she questioned why Planning staff would not be able to utilize the study results even if the Board does not formally adopt the results of the study. She confirmed it does not make sense to approve the study right now if development of the road will not occur for approximately twenty to thirty years. In response, Mr. Howard stated the Board adopted the designation of an arterial roadway for County Road 49 back in the year 2002 or 2003, and at that time, the Board determined the connection through this area was important, therefore, Planning staff has been protecting the alignment since that time. He confirmed many of the surrounding property owners were informed, through the process of this study, that County Road 49 has been designated as an arterial roadway, and many did not understand why the road was designated as such. He indicated staff has to look at the larger scope of regional connectivity for the road system within Weld County, and he confirmed the existing roadway will be able to handle the traffic flow for quite some time; however, if the study is not adopted, and the necessary right-of-way is not protected, at some point in the future developers and surrounding property owners will not know how to properly plan for the implementation of the road. Mr. Howard confirmed it has been determined that knowing the anticipated alignment of the road is a valuable planning tool for surrounding property owners in order to plan proper uses. He indicated development is hard to control; however, it will be beneficial for the County to fully develop this section of road once a connection is made with 1-76, and even if that connection does not happen for a long period of time, the connection of the road with State Highway 52 is still a very important connection. Commissioner Kirkmeyer indicated she understands the benefits of adopting the study for Adams County, especially since a large residential development will be located adjacent to the road; however, she does not understand how it will specifically benefit Weld County residents, as other regional traffic options do already exist. Mr. Howard clarified it is not certain that the proposed residential development within Adams County will move forward, and half of the overall proposed alignment, north from County Road 2, does lie within Weld County. He confirmed developers desiring to develop property within Weld County will still be required to complete the proper application process through the County Departments; however, there are currently no local roads which may be utilized, and a local road network will be required to be able to move forward with development plans. He reiterated it is important for the area residents to have a tool to be able to plan ahead, and the overall idea of a regional road network makes good sense, as the network will make a large connection. Commissioner Kirkmeyer reiterated building a major road within a residential area does not make logical sense, and the road should be considered as a local connector roadway. She cited the road project for Wadsworth Boulevard, within the greater metro Denver area, and indicated many Minutes, May 11, 2009 2009-1118 Page 4 BC0016 residential properties were developed within close proximity, therefore, the road cannot be utilized as a regional roadway. In response, Mr. Howard confirmed if the County can work ahead of potential developments, the developments will occur in an organized manner around the roadway; however, if the County waits a period of even five years, the development may have already occurred, which will present a huge challenge. He indicated adopting the alignment study will allow the County to get ahead of development plans for the area before it is too late. He confirmed several alignment studies recently approved have contained negative impacts for surrounding property owners because the studies were completed too late, and the Department had to work with very limited options. In response to Commissioner Conway, Mr. Howard confirmed the road will not be designated as a truck route; however, truckers do utilize the roads they prefer, and this road is currently known as a heavily traveled truck route. He indicated the alignment of a road must be sensitive to curves, and roads which are heavily traveled must be designed accordingly. He further indicated unless the County specifically posts signs indicating that no trucks are allowed, it will be impossible to keep trucks from utilizing the road. Responding to Commissioner Kirkmeyer, Mr. Barker indicated it is possible that Weld County could approve the study and that Adams County does not, and the overall purpose for adopting the study is so that Planning staff have a pre -determined route for the planning purposes of future developments. He further indicated there is no requirement that the Commissioners approve the study, rather, the study will be useful as a method of planning within the surrounding area. Further responding to Commissioner Kirkmeyer, Mr. Barker indicated if the study is not adopted, meaning a preferred alternative is not identified, Planning staff will be required to enact the necessary restrictions for necessary right-of-way for each of the multiple alternatives, similar to County Road 7. He recommended that the Board adopt the study, committing to one preferred alternative, so that right-of-way restrictions are not in place for the routes which will ultimately not be chosen. Responding to Commissioner Conway, Ms. Shreve confirmed the study will be reviewed by the Adams County Planning Commission on Thursday, May 14, 2009, and once it is approved, it will be ratified by the Adams County Board of Commissioners on June 1, 2009. She clarified Adams County is processing the road alignment study as an amendment to the Comprehensive Plan, therefore, the Planning Commission has the authority to approve the study, which is then ratified by the Board. She confirmed a study session was recently completed with the Board, regarding the update of the study, at which time it was discussed that the Estates at Horse Creek Subdivision may, or may not, continue forward. She stated Adams County is committed to determining the best way to connect County Road 49 with Imboden Road, and will commit to a preferred alternative. Ms. Shreve indicated starting the planning process at a very early date allows opportunities for many of the surrounding property owners to identify potential impacts and concerns, including safety, air quality, noise, etcetera. She clarified beginning the planning process at an early date allows for the Departments to accommodate and mitigate many of the concerns by implementing ideas to alleviate the proposed impacts. She indicated some of the various alignment alternatives require almost double the amount of travel, which would double the amount of emissions from every single vehicle utilizing the road, therefore, a shorter alignment is the better choice for air quality. She further confirmed adopting a preferred alignment will allow both Counties to build the roadway and provide the necessary right-of-way to install a berm or noise wall to alleviate noise impacts. She indicated safety issues may be mitigated by eliminating unnecessary accesses and providing adequate spacing. She confirmed the approval of the study will give both Counties the ability to look ahead for future issues and give a starting point for planning purposes. Commissioner Rademacher indicated it is important for Weld County to look ahead, and even ten years from now, staff will have to contend with twice as many impacts, therefore, he recommends approval of the study. Minutes, May 11, 2009 2009-1118 Page 5 BC0016 Commissioner Conway indicated he concurs with looking ahead; however, since the matter involves regional cooperation with Adams County, it is best to postpone action for several weeks until Adams County makes a decision. He clarified it appears that Adams County is ready to move forward even without a recommendation by Weld County. He suggested the language of the Resolution include a provision that Weld County's approval is contingent on the fact that both Counties approve the same preferred alternative route since this will be considered a regional roadway. Commissioner Rademacher indicated if Adams County ultimately does not approve the study and names the same preferred alternative, Weld County has the right to rescind its approval. Chair Garcia indicated if the Board is ready to move forward with approval, the motion should include a provision that Weld County's approval is contingent upon subsequent approval from Adams County, as an ongoing partnership will be required for this road project. Commissioner Long indicated the T-REX project along Interstate 25 cost a lot of money that did not need to be spent because the officials in charge of the project did not look ahead. He confirmed preserving corridors for roads saves a lot of money and heartache for the affected taxpayers, as well as giving notice of the future potential of a road. He indicated the road may not be a busy corridor right now; however, it will eventually need to be built out, therefore, it is prudent for the County to make a pro -active effort. He clarified, if the County desires to change the plans in the future, the preferred alternative may be rescinded or re -positioned as development occurs within the surrounding area. Commissioner Long confirmed adoption of the study will act as a helpful tool to plan for future development, and the County does not desire to spend excess funds to move buildings out of right-of-way. He further confirmed the preferred alternative will reserve the necessary right-of-way, and Weld County does not require upfront dedication, like some other communities do. Commissioner Kirkmeyer questioned whetherthe right-of-way will be reserved or preserved. In response, Mr. Barker clarified in future land use applications, the applicant will be required to note the future right-of-way on the recorded plat; however, the County will still be required to purchase any necessary right-of-way. Commissioner Kirkmeyer indicated several property owners along County Road 49 have indicated they are concerned about the necessary right-of-way for the road alignment being taken from their property, which will not happen, and if the roadway is expanded and paved in the future, the County will purchase the necessary right-of-way at a fair price. She clarified she hopes the County does not intend to create a truck route on this roadway, and she understands the need to complete these types of studies so that the necessary land may be preserved. She indicated she supports the study process; however, in the future, she would like more property owners to be notified, especially those who live adjacent to the road being studied. She confirmed she understands the study is a planning tool, and staff is simply preparing for future planning. Commissioner Conway concurred with Commissioner Kirkmeyer and confirmed the County will not be taking any property away, rather, staff is looking ahead to what will be necessary 20 years from now. He stated many of the property owners within the area did not now about the potential plans for the road, and the County must remain communicative about the future plans since growth is inevitable. He confirmed the County must be responsible to eliminate as many potential hazards as possible so that costly future actions may be minimized. Commissioner Rademacher moved to approve the study results and accept said preferred alternative, contingent upon acceptance by Adams County. He clarified the preferred alternative has been identified within the study as Alternative One. Commissioner Kirkmeyer clarified the motion accepts the results of the study, which includes four alternatives, one of which is the preferred alternative, and she seconded the motion. There being no further discussion, the motion carried unanimously. Commissioner Conway instructed Mr. Howard to report back to the Board with the final decision made by Adams County. Minutes, May 11, 2009 2009-1118 Page 6 BC0016 CONSIDER VETERAN SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY AND AUTHORIZE CHAIR TO SIGN: Mr. Barker indicated the Board approves the monthly reports and certifications of pay which are submitted to the State by the Veteran's Service Officer. Commissioner Kirkmeyer moved to approve said reports and certifications of pay and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER REAPPOINTMENT TO BUILDING TRADES ADVISORY COMMITTEE: Commissioner Conway moved to reappoint Anthony Arguello to the Building Trades Advisory Committee, with a term to expire April 10, 2012. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER CANCELLATION OF BOARD MEETING SCHEDULED FOR JUNE 10, 2009: Commissioner Kirkmeyer moved to approve said cancellation of meeting. Seconded by Commissioner Long, the motion carried unanimously. PLANNING: CONSIDER REVIEW OF CONDITION OF APPROVAL #1.1 FOR USE BY SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC: Chris Gathman, Department of Planning Services, stated the applicant has requested that Condition of Approval #1.1 be removed from the Resolution for USR #1679, which is an approved permit for an injection well facility. He read the Condition into the record and indicated the applicant contends that the berm on the site is adequate for screening purposes, and that no additional landscaping should be required. He confirmed no objections have been received from surrounding property owners regarding the landscaping or screening on the site, and he indicated there are also several mature trees along the southern portion of the site will also provide natural screening. Responding to Commissioner Rademacher, Mr. Gathman confirmed the residences to the west of the site are located within the platted Townsite of Barnesville, which was platted in the early 1900's. Further responding to Commissioner Rademacher, Mr. Gathman confirmed the surrounding property owners were not provided specific notice of today's meeting. He clarified one surrounding property owner attended the Planning Commission hearing and expressed concerns regarding a light on the site; however, those concerns have been resolved. In response to Chair Garcia, Mr. Barker indicated the applicant is actually requesting that the Board make the determination that the intent of the Condition has been adequately met by the placement of the berm, or that the Condition be deleted from the Resolution entirely. He further indicated it is proper procedure for Planning staff to verify who attended the noticed hearing for the USR permit, and if any were in attendance to express concerns, they are notified that a certain portion of the Conditions of Approval or Development Standards have been requested to be re -considered. Commissioner Kirkmeyer stated the language of the Condition indicates that the Landscape Plan shall address the screening of the facility from the residences to the south and west of the site. She indicates she is hesitant to delete the Condition of Approval, since a formal notice regarding the matter was not provided; however, she believes the berm adequately addresses the screening requirement, therefore, she is not sure why Planning staff could not determine that the berm is adequate screening. In response, Mr. Gathman indicated the berm was not in place when the previous hearing was held, therefore, the recommendation was for additional screening. He clarified if the Board concurs that the berm adequately addresses the screening requirement, Planning staff concurs with the decision. Dan Hall, Lamp Rynearson and Associates, represented the applicant and stated the applicant believes the placement of the berm meets the intent of Condition of Approval #1.1. He indicated the applicant does not object to the language remaining within the Resolution; however, clarification from the Board that the intent of the language has been met is necessary for the applicant to move forward. Commissioner Long confirmed he frequently drives by the property, and the site is in compliance. He confirmed the applicant has invested a large amount of time and effort in the property, and has cleaned up the property tremendously. He indicated he has viewed the berm on the site, and only the tops of the Minutes, May 11, 2009 2009-1118 Page 7 BC0016 trucks are visible over the berm. He further indicated he has also been on the site at nighttime, and the light in question has been modified. Commissioner Long moved to find that the applicant's method of complying with Condition of Approval #1.1, by utilizing the existing berm on the site as adequate screening, is acceptable and reasonable. 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 10:05 a.m. ATTEST: Weld County Clerk to the Board Depf y Clerk BOARD OF CO�JN Y COMMISSIONERS WELD CJ N OLORADO David E. Long Minutes, May 11, 2009 2009-1118 Page 8 BC0016 Hello