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Home My WebLink About20190328.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 21, 2019 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, January 21, 2019, 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 Mike Freeman, Pro -Tern Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of January 16, 2019, as printed. Commissioner James seconded the motion, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on January 16, 2019, as follows: 1) USR18-0067 — Adam Hilton and LaShawn Laguardia Hilton, and 2) USR18-0073 — John and Alice Kuersten. Commissioner James seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. El CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. PRESENTATIONS: • 1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES — EVA JEWELL: Chair Kirkmeyer read the certificate for the record, recognizing Ms. Jewell for her dedicated service to Weld County citizens. Judy Griego, Director of the Department of Human Services, presented her with a plaque and pin in celebration of Ms. Jewell's successful career. Jamie Ulrich, Deputy Director of the Department of Human Services, stated Ms. Jewell's absence will leave a large void in the Department of Human Services, especially in the Area Agency on Aging Division. Each Commissioner, in turn, congratulated Ms. Jewell on her retirement and thanked her for providing such excellent service to the seniors in Weld ©at Minutes, January 21, 2019 Page 1 2019-0328 BC0016 County. = Ms. Jewell thanked the Commissioners and staff she had the opportunity to work with. (Clerk's Note: The Board paused the meeting for a photo opportunity.) • PUBLIC INPUT: No public input was given. BIDS: El 1) APPROVE BID #B1800154, WEB APPLICATION FOR PROPERTY SALES SEARCH — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, reviewed the sole bid received and stated staff recommends awarding to Spatialest, Inc., for the total amount of $23,000.00. Commissioner Conway moved to approve said bid. The motion was seconded by Commissioner Moreno, and it carried unanimously. NEW BUSINESS: El 1) CONSIDER CONTRACT ID #2382 SUB AWARD GRANT AGREEMENT FOR 2018-2019 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) PROGRAM AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of Emergency Management, reviewed the terms for the sub award grant agreement for the Hazardous Materials Emergency Preparedness Program to support the new Emergency Management Coordinator position and preparation of Hazardous Materials Response Plan for the County. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. • 2) CONSIDER RENEWAL APPLICATION FOR A VINTNER'S RESTAURANT (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - RIVER GARDEN WINERY, LLC, DBA RIVER GARDEN WINERY: Bob Choate, Assistant County Attorney, reviewed the details of the application for the annual renewal and noted there were no concerns. Commissioner Moreno moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 3) CONSIDER COUNTY DANCE HALL LICENSE NUMBER 394 AND AUTHORIZE CHAIR TO SIGN - RIVER GARDEN WINERY, LLC, DBA RIVER GARDEN WINERY: Mr. Choate presented the application for a dance hall license. Commissioner Freeman moved to grant a County Dance Hall License and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 4) CONSIDER TEMPORARY PERMIT FOR HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - R AND D 14 CORRIDOR, LLC, DBA DEWEY'S BAR AND GRILL: Mr. Choate presented the application for a temporary permit to allow the new restaurant owner to continue operations while their new permit is being processed. Commissioner Conway moved to grant a temporary permit and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 5) CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON -SITE INSPECTION AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF R AND D 14 CORRIDOR, LLC, DBA DEWEY'S BAR AND GRILL, FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE: Mr. Choate reported State Liquor Enforcement has determined there has been a substantial change to the site; therefore, the Board needs to designate a Commissioner to conduct an on -site inspection, as well as set the hearing date. Mr. Choate stated the recommended date for the hearing is February 20, 2019. Commissioner Conway moved to designate Commissioner Moreno to conduct an on -site inspection, and set the hearing date for February 20, 2019. Seconded by Commissioner James, the motion carried unanimously. Minutes, January 21, 2019 Page 2 2019-0328 BC0016 • 6) CONSIDER TEMPORARY CLOSURE OF CR 20 BETWEEN CRS 67 AND 69: Amy Mutchie, Department of Public Works, reviewed the details of the closure beginning January 21, 2019, through January 25, 2019, to replace an irrigation culvert and stated staff will use water for dust abatement along the one -mile of detour route. Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner Moreno, the motion carried unanimously. • 7) CONSIDER TEMPORARY CLOSURE OF CR 21 BETWEEN CR 8 AND STATE HIGHWAY 52: Ms. Mutchie presented the temporary closure beginning January 21, 2019, through January 25, 2019, for a drainage culvert and stated water will be used as dust abatement for the detour route. Commissioner Freeman moved to approve said temporary closure. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 8) CONSIDER CROSSING LICENSE AGREEMENT (10TH AVENUE UNDER CANAL) AND AUTHORIZE CHAIR TO SIGN — GREELEY IRRIGATION COMPANY: Mr. Choate reviewed the details of the license agreement, which allows the County to install Fiber optic cable which will cross the Greeley #2 Ditch. He explained the Construction Permit Agreement and the fees were executed by the contractor. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. • 9) CONSIDER CROSSING LICENSE AGREEMENT (35TH AVENUE UNDER CANAL) AND AUTHORIZE CHAIR TO SIGN — GREELEY IRRIGATION COMPANY: Commissioner Moreno moved to approve said agreement, which was seconded by Commissioner Conway. The motion carried unanimously. • 10) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND DELEGATE AUTHORITY TO CONTROLLER TO SIGN ALL NECESSARY DOCUMENTS: Barbara Connolly, Controller, presented the list of equipment, which has exceeded its life expectancy. Commissioner Freeman moved to declare certain equipment as surplus and delegate authority to the Controller to sign all necessary documents. Seconded by Commissioner James, the motion carried unanimously. • 11) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES AND DELEGATE AUTHORITY TO CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS: Ms. Connolly presented the list of equipment to be declared as surplus and will be for sale at auction. Commissioner Conway moved to declare said equipment as surplus, approve the sale at auction and authorize the Controller to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 12) FINAL READING OF WELD COUNTY CODE ORDINANCE #2018-10, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, AND CHAPTER 12 LICENSES AND PERMITS (RIGHT-OF-WAY), OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2018-10 by title only. The motion was seconded by Commissioner Moreno, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Dawn Anderson, Department of Public Works, explained, there was a meeting held on January 7, 2019, at which time the concerns introduced by the Oil and Gas Industry were addressed. She discussed the changes made to the ordinance and the Right -of -Way (ROW) permit. In response to Chair Kirkmeyer, Ms. Anderson explained during the application process, the permittee can indicate a specific deadline, if they believe their project will take longer than three (3) months. She stated in some instances, the Department of Public Works could approve oil and gas and non -potable water pipelines to Minutes, January 21, 2019 Page 3 2019-0328 BC0016 be installed parallel to the County's ROW. Chair Kirkme er explained reasons why the Board does not allow pipelines to run parallel in the County's ROW. Mr. Barker stated the language for the ROW permit is identical to the language in the Code. He stated it will be up to the Board to determine if they will allow parallel installations if the applicant appeals. He explained the language from page 2 of the Ordinance Section 8-13-10, and clarified the language in the Ordinance for parallel installations, as follows: "parallel installations, for lines in non -maintained ROW, if approved by Weld County based upon locational factors, such as, surrounding population, density, topography, or if the ROW provides access to a recorded exemption lot, and with the Permittee's agreement to move the line at its sole expense if the County or an annexing municipality intends to improve the ROW" Chair Kirkmeyer clarified the language applies to non -maintained ROW; however, maintained ROW would have to be approved by the Board in an appeal. Ei Ryan Seastrom, Colorado Oil and Gas Association (COGA), thanked the Board and staff for addressing the concerns brought forth from the industry. He stated he would like the parallel requirement language regarding produced raw water pipelines removed. Ms. Anderson stated staff would prefer produced raw water pipelines not be constructed in the maintained ROW. Chair Kirkmeyer explained the factors which would determine if the produced water line will be allowed in the parallel ROW. In response to Commissioner Conway, Mr. Seastorm clarified he would like the option to address the Board, if staff denies his request concerning installation of a pipeline in the maintained ROW. Ms. Anderson suggested deleting the entire sentence, in paragraph 4.A of the ROW permit to stay consistent with the rest of the Code. Ms. Mutchie stated staff treats produced water pipelines and bio-solid waste pipelines as raw sewage and is concerned with the possibility of contamination above ground. She stated the pipelines need to be going to an injection or recycling facility. Chair Kirkmeyer suggested deleting "or parallel installations in 4(a) of the ROW permit." Commissioner Freeman suggested the second sentence state "no temporary above ground transfers". Chair Kirkmeyer addressed paragraph 4.A, regarding the concerns pertaining to bio solid pipelines crossing the row. In response to Commissioner Freeman, Mr. Barker suggested to make it consistent, the Board would need to delete the first sentence, so 4.(a) would simply state: "No temporary above ground transfers." He stated staff would not want there to be parallel installations because of the bio-solid nature. Commissioner Freeman stated he would like the ability to make the decision about above ground pipelines. Chair Kirkmeyer stated a produced raw water pipeline will not be permitted to run parallel in a maintained row. Commissioner Conway moved to amend the ROW permit and delete the first sentence in paragraph 4.(a) and modify the second sentence to state: "No tempora above grounds transfers." Seconded by Commissioner Moreno, the motion carried unanimously. PLA The motion to approve Code Ordinance #2018-10 on Final Reading, which was made by Commissioner Moreno and seconded by Commissioner Conway, carried unanimously. Chair Kirkmeyer thanked staff and the stakeholders for working collaboratively on the Ordinance. PLANNING: 1) CONSIDER RECORDED EXEMPTION, RECX18-0145 - RON AND HEATHER GARTRELL: Maxwell Nader, Department of Planning Services, reviewed the details of the request for a two -lot Recorded Exemption. He explained proposed Lot A will be 17 acres and Lot B will be 19 acres, which does not meet the requirements of Section 24-8-40.P.. He stated the applicants are applying for a new access permit on County Road 24.25 for Lot B and are building a home on Lot A. Mr. Nader displayed photos of the property and suggested changing #1.B to state: "shall address." = In response to Commissioner Conway, Mr. Nader clarified the applicants will need to apply for a new permit for the existing well to adjust it to the lot size. Ron Gartrell, applicant, stated he had plans when he purchased the property to do a Recorded Exemption. Heather Gartrell, applicant, stated they would not have a problem with the approval of an access permit because it is a non -maintained road. Mr. Gartrell Minutes, January 21, 2019 Page 4 2019-0328 BC0016 explained if he is unable to divide the property, it will financially impact his project. In response to Chair Kirkmeyer, Mr. Nader stated there are no negative impacts to agricultural. Chair Kirkmeyer suggested deleting "attempt to" from paragraph #1.B. Commissioner Conway presented his findings in regard to the applicant' extenuating circumstances and confirmed it does not impact negatively on agriculture. Commissioner Freeman moved to grant the Recorded Exemption. Seconded by Commissioner Conway, it carried unanimously. 2) CONSIDER RECORDED EXEMPTION, RECX18-0153 - SANDRA KAY HENDERSON AND ANNA HELD: Diana Aungst, Department of Planning Services, reviewed the request for the two -lot Recorded Exemption. She explained there have been two Recorded Exemptions on this property and the proposal is to divide Lot B. The parcel is in the referral area of the Town of Erie. Ms. Aungst •resented photos of the location and stated the road has been annexed into the Town of Frederick. Sandra Henderson, applicant, stated she has farmed the land for seventeen (17) years and has found a family who would like to build a home and will continue to farm the land. In response to Commissioner Conway, Ms. Henderson confirmed the property will stay agriculture. Chair Kirkmeyer stated Condition #1.A should be amended to: "shall attempt to", which can be taken care of with a letter. Commissioner Conway moved to grant said Recorded Exemption. Seconded by Commissioner Moreno, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2018-10 was approved on Final Reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. There being no further business, this meeting was adjourned at 10:21 a.m. BOARD OF COUNTY COMMISSIONERS W . D COUNTY, O ORADO ATTEST: dxti Weld County Clerk to the Board BY: Deputy Cler o'the Bo arbara Kirkmeye , Chair Steve Moreno Mike Freeman, Pro_Tem ean�P. Conwa . James Minutes, January 21, 2019 Page 5 2019-0328 BC0016 ATTENDANCE LIST i,j2 I (c) C NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? RILL �--I, t �, �zi� 14� k 50 AV 1: fJU C4C-)v1¢-a % 1 1..-.0_ ,f-,Ap, i. - i t LD A ,/.. 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