HomeMy WebLinkAbout20194690.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 4, 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, November 4, 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-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Senior Accountant, Chris D'Ovidio
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 30, 2019, as printed. Commissioner James seconded the motion,
and it carried unanimously.
READ ORDINANCE BY AUDIO: Commissioner Moreno moved to read Code Ordinance #2019-
17 by audio. The motion was seconded by Commissioner Conway, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on October 30, 2019, as follows: 1) USR19-0054 — Western Equipment and Truck,
Inc., c/o SunShare, LLC, 2) USR19-0048 — David and Cynthia Stark, and 3) USR19-0036 — Richard and
Kathi Crooks. Commissioner Conway seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
lE CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
• PRESENTATIONS:
1) RECOGNITION OF SERVICES, CLERK AND RECORDER'S OFFICE - DENISE ADAME: Chair
Kirkmeyer read the certificate recognizing Ms. Adame for her years of outstanding dedication to the
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citizens of Weld County. Carly Koppes, Clerk and Recorder, expressed her appreciation of Ms. Adame's
flexibility and caring customer service, and wished her the best in her retirement. Rudy Santos, Clerk
and Recorder's Office, stated he attended Ms. Adame's retirement party at the Fort Lupton office and it
was very rewarding to see the recognition of her role in the office. Commissioner Moreno stated
Ms. Adame started in the Clerk and Recorder's Office the year before he did, in 1984, and she is well
respected for her work and love of family. Each of the remaining Commissioners, in turn, thanked her
for her dedication, sunny disposition, mentorship, and involvement in the Fort Lupton community. (Clerk's
Note: The meeting was paused for a photograph.)
la WARRANTS:
1) GENERAL WARRANTS - OCTOBER 31, AND NOVEMBER 1, 2019: Commissioner Moreno moved
to approve the General Warrants, as printed. Commissioner Freeman seconded the motion, and it carried
unanimously.
NEW BUSINESS:
1) CONSIDER TASK ORDER AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL SERVICES
FOR SOUTHWEST SERVICES CENTER BOOKING INTAKE REMODEL (BID #B1900051) -
AMERICAN CONSTRUCTION SERVICES, LLC: Toby Taylor, Director of Buildings and Grounds, stated
during the demolition phase it was discovered that the HVAC ducting was not in compliance with fire
code, therefore, the project was shut down while the architect and engineers developed a practical
solution to correct the design, resulting in the need for a change order in the amount of $76,143.00.
Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. Seconded
by Commissioner James, the motion carried unanimously.
le 2) CONSIDER TASK ORDER AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL
SERVICES FOR HUMAN SERVICES B DESIGN SERVICES (BID #B1900100) - C2D ARCHITECTS,
LLC: Mr. Taylor stated design services are required for the remodeling project at the Human Services B
Building, therefore, he recommended an amendment to the on -call contract with C2D Architects, LLC, in
the amount of $70,600.00, for their services. Commissioner Moreno moved to approve said amendment
and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
le 3) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT, AP19-00242 — NWC DEVELOPMENT, LLC: Dawn Anderson, Department of
Public Works, stated this appeal is concerning denial of Access Permit, AP19-00242, on County
Road (CR) 86, east of CR 49. She indicated the location of the original oil and gas access, AP12-00062,
issued to Chesapeake Operating in 2012, is located 520 feet east of the intersection with CR 49. She
also identified the location proposed by staff at 330 feet to meet distance from intersection requirements,
and showed the appellant's proposed location at 150 feet. Ms. Anderson noted the inspection reported
there are no sight spacing issues and staff would support the request, with the requirement that the new
access replace the original location which was never constructed. In response to Commissioner Conway,
Ms. Anderson reviewed the traffic count data for the area. ', = Ryder Reddick, Tetra Tech, represented
the applicant and explained the property owners, Douglas and Joyce Fred, wish to retain their land in
CRP production; however, the original location and the distance required by staff will remove additional
land from production to accommodate the access road leading to the pipeline valve site located on the
property. He displayed an aerial map depicting the site located approximately 7.5 miles from the town of
Ault, as well as photographs of the site and surrounding views. He reiterated the 330 -foot distance is
further east and will remove a fair portion of the property owner's land from CRP, whereas, the requested
location at 150 feet will still preserve the health, safety and welfare of the traveling public. In response
to Chair Kirkmeyer, Mr. Reddick expressed no opposition to removing the 2012 access permit location,
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and clarified the existing permit is not related to USR18-0080, because the pipeline within the property is
a Use Allowed by Right. Ms. Anderson confirmed staff's only reason for denial is intersection spacing
requirements. Responding to Commissioner James, Ms. Anderson confirmed if the use changes, the
access permit would need to be modified accordingly. Mr. Barker suggested an amendment to the
Resolution that as a Condition of granting this appeal, the applicant shall remove the access granted
under Access Permit, AP12-00062. Commissioner Conway moved to amend the Resolution to include
the conditional language as stated by the County Attorney. The motion was seconded by Commissioner
Moreno, and it carried unanimously. Commissioner Conway moved to grant the appeal of NWC
Development, LLC, and reverse the decision of the Department of Public Works, with instruction to issue
Access Permit, AP19-00242, at the 150 -foot location and the condition of removing AP12-00062.
Seconded by Commissioner Freeman, the motion carried unanimously.
4) CONSIDER RATIFICATION OF APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE
HIGH PLAINS LIBRARY DISTRICT: Matthew Hort, Executive Director of the High Plains Library District
(HPLD), stated as of December 13, 2019, the terms of two members are ending and he recommended
ratification of the two new individuals selected to fill the vacancies. Commissioner Freeman stated as a
representative on the HPLD he supports the selection of Ken Poncelow and Jana Caldwell, therefore, he
moved to approve the Resolution ratifying the appointments. Commissioner Moreno seconded the
motion, and it carried unanimously. In response to Commissioner Conway, Mr. Hort reported the HPLD
has purchased the Greeley Tribune building to establish a downtown Greeley Library and Innovation
Center. Commissioner James encouraged collaboration with the Workforce Development Center, and
Commissioner Moreno expressed his appreciation for the new leadership and working relationships that
have been fostered.
El 5) CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR DECEMBER 4, 2019: Commissioner Freeman moved to approve said cancellation,
which is necessary due to the Commissioners attending the CCI Winter Conference. Commissioner
James seconded the motion, and it carried unanimously.
PLANNING:
1) FIRST READING OF WELD COUNTY CODE ORDINANCE #2019-17, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING
AGREEMENTS, OF THE WELD COUNTY CODE (JOHNSTOWN): Tom Parko, Director of the
Department of Planning Services, stated this agreement is consistent with the other Coordinated
Planning Agreements, with one change to add the last sentence in Section 19-21-50.B concerning the
right to seek annexation. No public testimony was offered concerning this matter. Commissioner James
moved to approve Code Ordinance #2019-17 on First Reading. Commissioner Conway seconded the
motion, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance 2019-17 was approved on First Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
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There being no further business, this meeting was adjourned at 9:42 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
ATTEST: ditko je,40 iik
Weld County Clerk to the Board
BY: i v
eputy Clerk to the Board
arbara Kirkmeyr, Chair
Mike Freeman, Pro-Tem
EXCUSED DATE OF APPROVAL
Sean P. Conway
Steve Moreno
Minutes, Monday, November 4, 2019
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ATTENDANCE LIST
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