HomeMy WebLinkAbout20191783RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 8, 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, on May 8, 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 May 6, 2019, as printed. Commissioner Conway seconded the motion, and it
carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner James moved to read Code Ordinances #2019-05
and #2019-06 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 May 6, 2019, as follows: 1) USR18-0106 — John and Diana Howard, and D&C
Farms, LLLP, c/o Rocky Mountain Midstream, LLC. Commissioner Moreno seconded the motion, which
carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
PRESENTATIONS:
• 1) DECLARATION OF FRIENDSHIP WITH SHOMRON REGIONAL COUNCIL - WELD COUNTY
AND SAMARIA, ISRAEL, FRIENDSHIP INITIATIVE: Chair Kirkmeyer read the declaration of friendship
between Weld County, and Samaria, Israel. Michael Gale, resident of Weld County, thanked the
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Commissioners for their support and opportunity to work together. Each Commissioner, in turn, thanked
Mr. Gale for his leadership and friendship. Commissioner James stated he will keep Israel and Mr. Gale
in his prayers when Mr. Gale travels to Israel to deliver the signed Declaration of Friendship.
Chair Kirkmeyer stated it is important to be reminded of the freedoms enjoyed in the United States.
(Clerk's Note: The Board paused the meeting for a photo opportunity.)
PUBLIC INPUT: Gary Lagrimanta, Mayor of Kersey, thanked the Commissioners for their support
and the actions they are taking following the approval of the oil and gas bill SB-181 and offered the Town
of Kersey's support. Chair Kirkmeyer stated the Board appreciates having individuals express their
support of the Board in their fight following the passage of SB-181. Each Commissioner, in turn, thanked
Mr. Lagrimanta for his support. Commissioner Conway invited Mr. Lagrimanta to the Board meeting on
June 10, 2019, when the Commissioners will approve the Resolution asserting their local control in regard
to oil and gas regulations. Chair Kirkmeyer expressed her appreciation and support of the Town of
Kersey's Board members.
NEW BUSINESS:
1) CONSIDER CONTRACT ID #2626 AGREEMENT CONCERNING PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION
AT CRS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - SCOTT
AND ILENE MARQUARDT: Tiffane Johnson, Department of Public Works, presented the agreement for
the total amount of $6,500.00. Commissioner Moreno moved to approve said agreement and authorize
the Chair to sign all necessary documents. The motion was seconded by Commissioner James, and it
carried unanimously.
2) CONSIDER CONTRACT ID #2638 AGREEMENT CONCERNING PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION
AT CRS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - SONDRA
L. GOZZI REVOCABLE TRUST, TRUSTEE: Ms. Johnson reviewed the terms of the agreement for the
total amount of $500.00. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign all necessary documents. The motion was seconded by Commissioner Freeman, and it
carried unanimously.
3) CONSIDER CONTRACT ID #2660 AGREEMENT CONCERNING PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION
AT CRS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS -
MARK PAULSON: Ms. Johnson presented the terms of the agreement for the purchase of a Temporary
Construction Easement for the total amount of $2,500.00. Commissioner James moved to approve said
agreement and authorize the Chair to sign all necessary documents. Seconded by
Commissioner Moreno, the motion carried unanimously.
El 4) CONSIDER CONTRACT ID #2661 AGREEMENT CONCERNING PURCHASE OF PUBLIC
ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO INTERSECTION AT CRS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN ALL
NECESSARY DOCUMENTS - MOLLY ELLIOTT: Ms. Johnson reviewed the details of the agreement
for the total amount of $66,250.00. Ms. Johnson stated this particular property owner will be the most
impacted by the road construction. Commissioner Freeman moved to approve said agreement and
authorize the Chair to sign all necessary documents, which was seconded by Commissioner Moreno. In
response to Commissioner Conway, Ms. Johnson stated relocation was not cost effective, but Ms. Elliott's
property meets the setback requirements so staff tried to mitigate. Ms. Johnson confirmed the trees were
removed from Ms. Elliott's property and the department is paying $14,000.00 for an outbuilding to provide
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a temporary construction trailer. Michael Bedell, Department of Public Works, stated Ms. Elliott has horse
corrals that are adjacent to Weld County's right-of-way. He explained they will install a temporary fence,
move the horses and then construct and install the permanent fence. There being no further discussion,
the motion carried four to one, with Commissioner Kirkmeyer opposed.
• 5) CONSIDER CONTRACT ID #2662 AGREEMENT CONCERNING PURCHASE OF PUBLIC
ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO INTERSECTION AT CRS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN ALL
NECESSARY DOCUMENTS - JACOB AND ELLEN KERBS LIVING TRUST: Ms. Johnson presented
the agreement for the total amount of $6,500.00. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign all necessary documents. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
• 6) CONSIDER CONTRACT ID #2664 AGREEMENT CONCERNING PURCHASE OF PUBLIC
ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 39 EXTENSION PROJECT AND AUTHORIZE CHAIR TO SIGN ALL
NECESSARY DOCUMENTS - LAWRENCE ROSS AND JADE MURRAY ROSS: Erich Green,
Department of Public Works, presented the terms of the agreement for the total amount of $75,353.00.
In response to Commissioner Conway, Don Dunker, Department of Public Works, stated a portion of the
funds may come from Weld County. Chair Kirkmeyer explained the right-of-way acquisition is being paid
through the grant and the Union Pacific Railroad match. Elizabeth Relford, Department of Public Works,
clarified the Board agreed to contract the project instead of Weld County crews doing the job, and Union
Pacific Railroad will cover $830,000.00 of the project cost, but the right-of-way and design are being
covered by the DOLA grant. Chair Kirkmeyer clarified the construction costs will covered by DOLA grants.
Chair Kirkmeyer suggested Ms. Relford submit a report, for transparency, in regard to the cost of the
project. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign all
necessary documents. The motion was seconded by Commissioner James, and it carried unanimously.
• 7) CONSIDER TEMPORARY CLOSURE OF CR 60.5 BETWEEN CRS 51 AND 53: Amy Mutchie,
Department of Public Works, reviewed the details of the closure beginning May 20, 2019, through
June 10, 2019, to replace and upgrade three (3) drainage culverts. She stated the detour route is paved
and final paving will be required after the culverts are installed. Commissioner Conway moved to approve
said temporary closure. The motion was seconded by Commissioner Moreno, and it carried unanimously.
• 8) FIRST READING OF WELD COUNTY ORDINANCE #2019-05, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE
WELD COUNTY CODE (MS4): Lyndsay Holbrook, Department of Public Works, presented the Code
Ordinance for Municipal Separate Storm Sewer System (MS4) and stated the Department of Public
Works must comply with the new permit requirements implemented by the State by July 1, 2019. She
then presented Code Ordinance #2019-05 and detailed the sections which were modified. She stated
the MS4 map will need to be updated due to the constant changing of census data and annexations. No
public testimony was offered concerning this matter. Commissioner Freeman moved to approve Code
Ordinance #2019-05 on First Reading. Seconded by Commissioner James, the motion carried
unanimously.
• 9) FIRST READING OF WELD COUNTY ORDINANCE #2019-06, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE
WELD COUNTY CODE (DISPOSITION OF RECOVERED PROPERTY): Bob Choate, Assistant County
Attorney, presented the change to a provision of Chapter 2 to reflect the County's policy under the
Unclaimed Property Act, and to comply with the public tow law for the Sheriffs Office. He stated
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abandoned snowmobile, and ATVs will be disposed of the same way as abandoned motor vehicles. No
public testimony was offered concerning this matter. Commissioner Moreno moved to approve on First
Reading of Code Ordinance #2019-06. The motion, which was seconded by Commissioner Conway,
carried unanimously.
PLANNING:
El 1) CONSIDER RESUBDIVISION, RES19-0002, TO CORRECT ILLEGAL LOT SPLITS THAT
CREATED THREE (3) LOTS FROM ONE (1) LOT - ARTHUR AND MARIE SAILAS, AND STANLEY
AND ROMAINE BERGKAMP: Angela Snyder, Department of Planning Services, reviewed the details to
correct illegal lot splits and ensure the structures meet the setbacks for the A (Agricultural) Zone District
and increase the parcels to 2.5 acres to make them uniform and meet the minimum lot size requirement.
She stated the Town of Lochbuie is requesting the reduction of accesses to one (1) per lot once the land
is developed and also dedicate 28 feet of right-of-way and an 18 -foot easement from the edge of the lot.
In response to Chair Kirkmeyer, Ms. Snyder stated Lot 3 was created in 1977, and Lot 2 was created
in 1995. 02. Sabrina Sailas, applicant, stated they want to correct the boundary lines and have this
resolved so there won't be issues in the future. Ms. Sailas stated she doesn't agree with the Town of
Lochbuie's request for additional right-of-way and an 18 -foot easement, because they only want to correct
the illegal lot splits and are not looking to develop the land. Chair Kirkmeyer confirmed there is no reason
to address the dedication. 0 Stanley Bergkamp, applicant, addressed the access points and explained
how many are on each lot. Ms. Snyder confirmed the Town of Lochbuie requested the accesses on each
lot be reduced when development occurs, but has not requested any current accesses be closed. Ms.
Sailas stated when Lot 3 is developed they will need two (2) accesses. Mr. Bergkamp stated both
properties have well water and the leach field was last inspected in December 2018, and he confirmed
the septic system was installed in 1977 on Lot 3. 0 Chair Kirkmeyer stated she would like the accesses
to be added as a Condition of Approval (COA) which will need to be considered at redevelopment.
Bruce Barker, County Attorney, confirmed COA 1.A.4 is not necessary. Chair Kirkmeyer suggested
deleting COA 1.A.5. She further stated when the septic system fails, there will not be enough space to
have another leach field on any of the properties and the landowners will need to connect to the public
sewer system. Mr. Bergkamp agreed with the lot sizes and clarified Lot 2 will be kept at 2 acres and Lot 3
will be kept at 1.3 acres. Chair Kirkmeyer clarified COA 1.A.12 addresses her concerns with the aging
septic system. No public testimony was offered concerning this matter. Commissioner Freeman moved
to approve said Resubdivision to correct illegal lot splits with amendments made during this hearing. The
motion was seconded by Commissioner Conway, and it carried unanimously.
2) CONSIDER PROBABLE CAUSE HEARING, PCSC19-0005, CONCERNING USE BY SPECIAL
REVIEW PERMIT, USR16-0041 - HUNT BROTHERS PROPERTIES, INC.: Kim Ogle, Department of
Planning Services, presented the violations and issues of noncompliance for USR16-0041. He also
explained there are Conditions of Approval and Development Standards required prior to construction
which have not been completed, and the Improvements Agreement has not been submitted. He stated
there are concerns expressed by the Departments of Public Works and Building Inspection, and the
applicant hasn't submitted a signed and approved map. In response to Commissioner Conway, Mr. Ogle
confirmed there are nine (9) Development Standards which have not been met. Mr. Ogle presented the
photos of the site and facility. In response to Commissioner Conway, Mr. Ogle stated the temporary batch
plant was not permitte and the applicant implied the facility is temporary because their equipment has
tires on it. 0 Steve Ward, representative of Asphalt Specialties Company, submitted a handout as
Exhibit "A". Mr. Ward explained there have been many complications and engineering challenges with
this project. He presented the design of the property and stated the Bull Canal is located on the west side
of the property and acts as a dam which does not allow water to leave the site. He noted the Board
approved the USR with the posted speed limit of 45 miles per hour (mph), and then the posted speed
limit changed to 55 mph. He stated they don't have an agreement with FRICO on how to handle
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construction and ongoing maintenance and the retention pond will be built to take the water off the road.
He explained they haven't been able to get building permits because the lots aren't recorded yet. He
stated the USR has not been recorded due to the roadway improvements. Mr. Ward explained the
difficulties in working with staff and how this project has encountered many challenges with the oil and
gas gathering lines and with the FRICO Ditch Company. Commissioner Conway requested
clarification of a letter received by the applicant in December 2018, stating they received approval from
Weld County for them to commence operations. Mr. Ogle confirmed he received a copy of the letter in
April 2019, but there was no response to the letter indicating Weld County gave their permission to
commence operations. Mr. Ward explained because the speed limit sign that was posted went from 45
mph to 55 mph, and their engineers based the design on the posted 45 mph speed limit, the acceleration
and deceleration lanes will need to be longer to accommodate the higher speed limit. Commissioner
James confirmed Asphalt Specialties, Inc., has been and is operating without the proper permits in place.
Mr. Ward confirmed there were nine (9) different submittals for the acceleration and deceleration lanes.
Chair Kirkmeyer clarified this is not a hearing to amend the USR permit, but to determine if there is
enough evidence to proceed with a Show Cause hearing. She stated she agrees with staff and found
that the applicant is not in compliance with their USR permit. She listed the Condition of Approvals which
will need to be completed before receiving their USR permit. Mr. Ogle confirmed staff has not received
an updated application for an access permit, which is #1.A. Chair Kirkmeyer stated the applicant is not
in compliance with #1.B, #1.C, (lighting plan) and #1.D (landscape and screening plan) so these will need
to be added. She reiterated they still don't have their plat recorded. She suggested adding in COA #7,
and stated Mr. Ogle will need to include Development Standards #10, #11, #17, #18, #20, #25, #27, and
#28. Chair Kirkmeyer stated the plant does not have a temporary permit, and it is the applicant's
responsibility to complete the Conditions of Approval and Development Standards. She believes there
has been a disregard for the Conditions of Approval of their USR, because the operations have started.
No public testimony was offered concerning this matter. Commissioner Conway stated there is
evidence to proceed with a Show Cause hearing. Mr. Ogle listed the items which Asphalt Specialties,
Inc., must complete before they will be in compliance with their USR. e Dawn Anderson, Department
of Public Works, stated they will need to submit the completed drainage report and then it will need to be
brought back to the Board before they apply for their Access Permits. Mr. Ward stated operations at the
site have ceased, and to the best of his knowledge, the plant has never operated as a commercial asphalt
batch plant. He stated the Bull Canal can't be constructed until the ditch is empty which would be in
November 2019. He requested he be granted another 90 days to get the engineering done for both the
roadway and the landscaping. Chair Kirkmeyer stated drainage issues were brought up by the
surrounding property owners during the USR hearing. Mr. Ward explained he won't know what the final
landscaping plan will be until the final road improvements are completed. Chair Kirkmeyer disagreed with
the lack of a landscape plan because it needs to screen the facility, not the roadway. Ms. Anderson stated
the Department of Public Works has a draft of the Road Improvements Agreement. Chair Kirkmeyer
suggested keeping June 19, 2019, for the Show Cause hearing because if they need to get the agreement
with FRICO. Commissioner Moreno moved to set the Show Cause hearing, PCSC19-0005, for
July 1, 2019, at 9:00 a.m. The motion, which was seconded by Commissioner Conway, carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2019-05 and #2019-06 were approved on First Reading.
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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 11:25 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL$RADO
ATTEST: diA Jam: 4
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Barbara Kirkmeyer, hair
Mike Freeman, Pro-Tem
Sean q.,'Conway
James
Steve Moreno
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