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Home My WebLink About20192118.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 10, 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, June 10, 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 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 June 3, 2019, as printed. Commissioner James seconded the motion, and it carried unanimously. • READ ORDINANCE BY AUDIO: Commissioner James moved to read Code Ordinances #2019-09, #2019-10, and #2019-11 by audio. The motion was seconded by Commissioner Conway and it carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. OIL AND GAS: • 1) CONSIDER DESIGNATION OF THE UNINCORPORATED AREA OF WELD COUNTY, COLORADO, AS A MINERAL (OIL AND GAS) RESOURCE AREA OF STATE INTEREST, PURSUANT TO C.R.S. §24-65.1-202(1): Bruce Barker, County Attorney, presented the Resolution to designate the entire unincorporated area of Weld County as an area of state interest and a mineral(oil and gas) resource area and explained the process and statutory prerequisite that the Board has to take to designate Weld County. Chair Kirkmeyer informed the audience concerning the process of review of oil and gas items on the Agenda. O8fa ca, Minutes, Monday, June 10, 2019 Page 1 2019-2118 BC0016 • Dave Kulmann, representative of PDC Energy, thanked the Board for their support of oil and gas development on behalf of the employees and families at PDC Energy. He stated he agrees with the new regulations for responsible oil and gas operations and requested clarification of the regulatory relationship between Weld County and the Colorado Oil and Gas Conservation Commission (COGCC). Commissioner Conway thanked Mr. Kulmann for the contributions of PDC Energy employees to make Weld County a better place to live, work and play. Larry Goldmith, resident of Weld County, expressed his appreciation to the Board for making Weld County a Energy County and also for opposing the Red Flag Bill. El Richard Grimaud, resident of Johnstown, stated he does not support the resolution because there are not enough resources or time to enforce this. He inquired how the Board plans manage it, in addition, he requested a provision that states no County Commissioner will be allowed to serve on the Colorado Oil and Gas Conservation Commission within two (2) years after leaving office. • Sarah McQuiddy, Greeley Area Chamber of Commerce, thanked the Board for their leadership roles and supporting energy development efforts in Weld County and requested they continue their efforts. • Lynn Granger, representative of Colorado Petroleum Council (CPC), stated CPC represents all facets of the oil and natural gas industry in Colorado and commended the Board for keeping Weld County Energy Proud with a commitment to ensure Weld County remains the top oil and gas producing County in Colorado. Milt Erbe, resident of Greeley, thanked the Commissioners for their support and stated he supports the measure to have local County regulations. • Renee McGill, resident of Greeley, stated her husband is an oil and gas employee and she thanked the Board for supporting the future of oil and gas employees, and Weld County. El Christine Melendez, Mayor of Windsor, thanked the Board for their Resolution on behalf of the voters of Windsor on both the Weld and Larimer County side, who helped defeat Proposition 112. She stated the industry already operates with stringent regulations with the health and safety of citizens in mind. ▪ Dan Haley, representative of Colorado Oil and Gas Association, thanked the Board of their continued support of the oil and gas industry and for allowing them to continue to provide safe and responsible development of the oil and gas industry. He stated they look forward to working with the Commissioners. El Kim Cooke, representative of Anadarko, thanked the Board for their unwavering support of the oil and gas industry. El Luke Coats, representative of Energy Strong, thanked the Board for supporting the oil and gas industry. He stated Energy Strong represents the health and safety of people. He stated the industry is working to improve the environment and provide health and safety measures for the community. • Doug Dennison, representative of HighPoint Resources, thanked the Board of their unwavering support of the oil and gas industry. He stated it would be a huge loss and he would hate to see the negative impacts on the State of Colorado and Weld County if the oil and gas development is over Minutes, Monday, June 10, 2019 Page 2 2019-2118 BC0016 regulated. He expressed his appreciation toward the Boards' continued support of the oil and gas industry. • Dan Waoldough, Weld County representative and Trustee to the Town of Erie, stated he has been trying to educate people, since 2012, about the oil and gas industry, and the Board is providing a voice for many citizens and he appreciates their hard work. • Byron Pelton, Logan County Commissioner, thanked the Board for their support and leadership with the oil and gas development. He explained what happens in Weld County effects Logan County, because of the proximity of the oil and gas operations taking place in Weld County. El Ryan Antonio, representative of Noble Energy, thanked the Board for their support of the oil and gas industry. EI Christian Morgan, Manager of the Town of Kersey, thanked the Board for their support and leadership and stated there are willing partners with an interest in oil and gas development within the municipalities. El Carl Erickson, resident of Greeley, stated he is not in support of the resolution and inquired whether the Board is trying to get expanded regulations. • Skip Carlson, resident of Greeley, expressed his support of the oil and gas industry and the employees. • Duane Leise, resident of Longmont, expressed his opposition toward the Board's stance concerning the oil and gas industry. He expressed uncertainty about the Commissioners' goals with the passing of this Resolution. He inquired if the tax payers will have to pay for the extra expense that the Commissioners will be incurring. • Mark Moody, resident of Greeley, thanked the Board for their support and providing education about the oil and gas industry. • Craig Rasmuson, representative of SRC Energy, thanked the Board for their support and leadership. • David Wiley, resident of Weld County, stated he has been in the solar industry for over twelve (12) years and asked the Board to consider the solar energy industry. • Derrick Worden, resident of Weld County and energy professional, stated his concerns with the Code Ordinance concerning zone district changes in regard to solar facilities. Chair Kirkmeyer asked Mr. Worden to provide his comments during the public input related to Code Ordinance #2019-02. • Mary Oxsiger, representative of the Board for a Title 32 Special Taxing District, stated almost all their funding comes from property taxes and much of that comes from oil and gas. The Title 32 Districts provide public safety services in Weld County, so the oil and gas funding is essential. She thanked the Board for bringing control and regulations to Weld County. • Karen Korans, resident of Weld County, stated the oil and gas on her property pays for her real estate taxes and the University of Northern Colorado (UNC) gets funding from the royalties, which helps Minutes, Monday, June 10, 2019 Page 3 2019-2118 BC0016 keep the tuition low. She stated if we do not maintain oil and gas resources locally, we may have to import oil from foreign countries, and she thanked the Board for the Resolution. • Trent Korby, representative of Korwell Energy, thanked the Commissioners for their support of the oil and gas industry. He stated the industry has afforded him many opportunities to give back to the community and be a Foster parent. Chair Kirkmeyer thanked Mr. Korby for being a Foster parent as it is the most important work. Commissioner Conway concurred with Chair Kirkmeyer's comments and thanked Mr. Korby for being a positive role model for Weld County. • Dave Kisker, resident of Johnstown, stated he does not understand the implications of the Resolution and has concerns that the Board will have challenges with enforcing the new regulations. • Commissioner Moreno moved to approve the resolution designating the Unincorporated areas of Weld County, as a Mineral (Oil and Gas) Resource Area of State Interest. The motion was seconded by Commissioner Freeman. Commissioner Moreno stated this is the right thing to do for the County, State and the economy and the Board cares about the health and safety of the residents. Commissioner Freeman stated the oil and gas industry supports agriculture, as well as education and fire districts, and the Board will do their part of make sure the oil and gas industry is protected. Commissioner Conway stated the health and safety concerns will be addressed as they move forward. Commissioner James stated he agrees with his fellow Commissioners and stated the Board is exercising their 1041 authority to site land use and are making Governor Polis keep his word. Chair Kirkmeyer concurred with the comments of support made by her fellow Commissioners and stated she supports the designation. She stated she spent a lot of time at the Capital researching and understanding SB-181, and the Board will use the additional authority given by SB-181, by creating new 1041 oil and gas regulations. She stated she is proud to support agriculture and the oil and gas industry in Weld County. Commissioner Conway stated this will ensure energy is produced, without endangering our loved ones. Upon a roll call vote, the motion carried unanimously, with all five Commissioners in favor. (Clerk's Note: Chair Kirkmeyer used the Chair's prerogative to move Planning items #2 thru #4 under Oil and Gas.) • 2) FIRST READING OF WELD COUNTY ORDINANCE #2019-09, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE (1041 OIL AND GAS RESOURCE AREA): Elizabeth Relford, Department of Public Works, presented the changes for Code Ordinance #2019-09 regarding grading and accesses. No public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2019-09 on First Reading. The motion was seconded by Commissioner Conway, and it carried unanimously. • 3) FIRST READING OF WELD COUNTY ORDINANCE #2019-10, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE (1041 OIL AND GAS RESOURCE AREA): Mr. Barker stated the references to the Colorado Oil and Gas Conservation Commission in Articles I and II, have been deleted because it no longer exists. He stated the regulations can be changed by the Commissioners. He stated Section 4 of SB-181 gives the Board authority to make decisions on land use and discretion to make regulations stricter than the provisions of the Colorado Oil and Gas Conservation Commission. He stated the Board will need to designate someone to be the hearing officer for WGOLA cases. = AJ Krieger, Town Manager of the Town of Firestone, stated he is in support of the Board making local decisions in regard to the oil and gas industry and will be at the subsequent readings. In response to Commissioner Conway, Mr. Krieger stated this will help clear up any confusion and will allow Minutes, Monday, June 10, 2019 Page 4 2019-2118 BC0016 municipalities to work better with Weld County. Commissioner Moreno moved to approve Code Ordinance #2019-10 on First Reading. Seconded by Commissioner Freeman, the motion carried unanimously. • 4) FIRST READING OF WELD COUNTY ORDINANCE #2019-11, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (1041 OIL AND GAS RESOURCE AREA): Tom Parko, Director of the Department of Planning Services, presented the changes to Code Ordinance #2019-11 regarding 1041. No public input was offered concerning this matter. Commissioner Conway moved to approve Code Ordinance #2019-11 on First Reading. The motion was seconded by Commissioner Freeman, and it carried unanimously. Chair Kirkmeyer thanked staff for their time and hard work on the Ordinances. (Clerks Note: Chair Kirkmeyer recessed the hearing at 10:29 a.m. and reconvened at 10:42 a.m.) • PUBLIC INPUT: No public input was given. BIDS: ti 1) APPROVE BID #B1900096, GROVER COMMUNICATIONS TOWER - DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS: Rob Turf, Department of Purchasing, reviewed the bids received and stated staff recommends awarding to the low bidder, EasTex Tower, LLC, for the total amount of $312,162.70. Commissioner Conway moved to approve said low bid. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 2) APPROVE BID #B1900093, CISCO NETWORK DEVICES — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, reviewed the eleven (11) bids received and stated staff recommends awarding the low bid to Advance Network Management (ANM) for the total amount of $126,906.38. Commissioner Freeman moved to approve said low bid. Seconded by Commissioner Conway, the motion carried unanimously. El 3) PRESENT AND APPROVE EMERGENCY BID #B1900105, FUJITSU SCANNERS WITH EXTENDED WARRANTY — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the nine (9) bids received and recommended a waiver of the ten-day waiting period, due to the availability of State funds for this project. He stated staff recommends awarding to the low bidder, First Run Computer Services, for the total amount of $24,752.00. Commissioner Conway moved to approve said bid on emergency basis. The motion, which was seconded by Commissioner James, carried unanimously. NEW BUSINESS: • 1) CONSIDER TRANSFER OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) ALLOCATION FROM MINERAL COUNTY AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS: Karin McDougal, Assistant County Attorney, on behalf of the Department of Human Services, stated Mineral County will transfer $12,000.00 of the Temporary Assistance for Needy Families (TANF) funds to Weld County and Weld County will take responsibility of the corresponding Maintenance of Effort for the amount transferred. Commissioner Freeman moved to approve said transfer authorize the Chair to sign any necessary documents. Seconded by Commissioner Conway, the motion carried unanimously. • 2) CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT CONTRACT FOR LAW ENFORCEMENT VICTIM ASSISTANCE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Minutes, Monday, June 10, 2019 Page 5 2019-2118 BC0016 Debbie Calvin, Sheriff's Office, stated the Victim Assistance and Law Enforcement Board is shifting their fiscal years to match the calendar year and she presented the extension from the State. Commissioner Moreno moved to approve said extension grant and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER R1109496 - SHARON ROBSON: Brenda Dones, Assessor, presented the petition for abatement of taxes for four buildings that are used as office and warehouse space. She stated the request is for tax year 2016 and stated she received a letter from the tax representative requesting an administrative denial. She explained after using the Market approach and Income approach she feels that the value of $56.00 per square foot is accurate and recommends denial of the 2016 tax year abatement request and sustaining the value of $1,289,145.00. Commissioner Conway moved to deny the petition and sustain the value recommended by the Assessor. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER R0174589 - C&K INVESTMENT PROPERTIES, LLC: Ms. Dones reviewed the details of the petition for the property which consists of an 1,888 -square -foot building that is a combination of airport storage hanger and industrial office space. She recommended administrative denial, per a request from the tax representative, sustaining the 2016 tax year value of $1,111,860.00. Commissioner Freeman moved to deny said petition and sustain the value of $1,111,860.00. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER R4859407 - VILLAGE VISTA PLAZA, INC.: Ms. Dones presented the petition for the property used as a retail center. She stated they used the Comparable approach and the Income approach and both methods support the value, therefore, she recommended denial and sustaining the value of $1,360,000.00. Commissioner Moreno moved to deny said petition and sustain the value of $1,360,000.00. The motion, which was seconded by Commissioner James, carried unanimously. • 6) CONSIDER RENEWAL APPLICATION FOR A TAVERN (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB: Bob Choate, Assistant County Attorney, presented the renewal application for a tavern liquor license and noted there are no concerns. He stated the applicant has made some substernal changes to the building. Commissioner Freeman moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. ki 7) CONSIDER APPLICATION FOR COUNTY DANCE HALL LICENSE NUMBER 397 AND AUTHORIZE CHAIR TO SIGN - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB: Mr. Choate presented the application for a County Dance Hall License and stated there are no concerns. Commissioner Moreno moved to approve said application and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 8) CONSIDER RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - RINN VALLEY, LLLP, DBA RINN VALLEY RESTAURANT AND TAVERN: Mr. Choate presented the renewal application for a liquor license and recommended approval. He stated there are no concerns from the referrals. Commissioner Freeman moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. Minutes, Monday, June 10, 2019 Page 6 2019-2118 BC0016 El 9) CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON -SITE INSPECTION AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF IHRF, INC., FOR AN OPTIONAL PREMISES (COUNTY) LIQUOR LICENSE: Mr. Choate stated this a new liquor license and the Board needs to designate a Commissioner to make the on -site inspection and set a hearing date. Mr. Choate stated the recommended hearing date is July 22, 2019, which will allow the property owner time to record their plat. Commissioner Freeman confirmed he will be available to conduct the on -site inspection. Commissioner James moved to designate Commissioner Freeman to conduct an on -site inspection and set the hearing date for July 22, 2019. Seconded by Commissioner Moreno, the motion carried unanimously. 10) CONSIDER CHANGE ORDER NO. 1 FOR BRIDGE 44/33A REPLACEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - SHORT ELLIOTT HENDRICKSON, INC.: Cameron Parrott, Department of Public Works, stated in accordance SB18-167 staff is required to complete a subsurface utility engineering (SUE) on the Bridge 44/33A replacement project. He stated the additional amount requested for the Change Order is $17,231.00, which is within the amount of funds released from the Colorado Department of Transportation (CDOT) for this project. Commissioner Freeman moved to approve said Change Order No. 1 and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. el 11) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM (EIAF) GRANT APPLICATION, SUMMARY OF GRANT AWARD TERMS AND CONDITIONS CONTRACT, AND AUTHORIZE ELECTRONIC SIGNATURE AND SUBMITTAL, FOR PURCHASE OF WELD COUNTY DEPARTMENT OF PUBLIC WORKS BUILDING (1301 NORTH 17TH AVENUE): Stacey Swanson, Department of Public Works, presented the Tier II Energy and Mineral Impact application for $1,000,000.00 to purchase a building at 1301 North 17th, Greeley, Colorado. She explained the purchase will allow the Department of Public Works operations to have more space for equipment and storage. Commissioner Moreno moved to approve said application and authorize electronic signature and submittal. Seconded by Commissioner Conway, the motion carried unanimously. PLANNING: 1) SECOND READING OF WELD COUNTY ORDINANCE #2019-02, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, CHAPTER 23 ZONING, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE (MSC ZONING): Commissioner Freeman moved to read Code Ordinance #2019-02 by title. The motion was seconded by Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the record. Jim Flesher, Department of Planning Services, presented the summary of the changes made to the Code. = Derrick Worden, resident of Dacono, stated he has concerns that the new rules may eliminate solar facilities. He stated he would like the Board to support all aspects of the renewable energy industry. In response to Commissioner Conway, Mr. Worden stated the megawatt amount is more important than the acreage and, as technology advances, solar facilities will leave a smaller footprint. He stated five (5) megawatts will be the threshold for community solar projects. In response to Commissioner Moreno, Mr. Wardon stated there is a way to use less land and utilize more megawatts. 0Mike Krueger, representative of Colorado Solar Storage Association, read a letter on behalf of Ray Roth, who is considering the development of a solar facility in Weld County. Mr. Krueger stated the most concerning is the two (2) to 30 -megawatt change, they are wanting to do a large solar project, but it may have to be on smaller parcels, so it will meet the requirement of two (2) to 30 megawatts. In response to Commissioner James, Mr. Kreuger stated the medium project is about five 35 acres and five (5) megawatts. Minutes, Monday, June 10, 2019 Page 7 2019-2118 BC0016 • Ali Weaver, representative of Silicon Ranch, stated the proposed changes to the Code regarding megawatts prohibits technological advancement. In response to Commissioner Conway, Ms. Weaver stated, currently, as of today solar companies are able to fit 2 megawatts on 20 acres, but she stated the challenges come from properties that have unusable corners and it limits the opportunity to maximize the land use. • John Hereford, representative of Oak Leaf Energy Partners, stated the regulations will limit the renewable energy on the size of solar facilities and he would rather have the limitations be on the acreage. In response to Chair Kirkmeyer, Mr. Hereford stated approximately 5,000 panels, or 2 megawatts, will fit on parcels between 10 and 11 acres in size. • Troy Whitmore, representative of United Powers Service, stated solar facilities have to be located close to the infrastructure to move power and to be economical. He expressed concerns with the proposed medium size facilities and would requested that no changes be made to the Code. In response to Commissioner James, Mr. Whitmore stated data centers and other businesses are interested in becoming 100% renewable. He stated he is in support of the oil and gas industry and agriculture. In response to Commissioner Conway, Mr. Whitmore stated the solar facilities located in the Town of Mead and the City of Fort Lupton became operational after the Code change and they were sited under the municipal standards. El In response to Commissioner Conway, Ms. Weaver stated the Town of Mead had solar facilities go through the Weld County process and the City of Fort Lupton has facilities which went through the municipal USR process. El Chair Kirkmeyer explained the Board and staff is cleaning up Zoning Districts. Mr. Whitmore stated a solar facility is considered a temporary use lasting 20 to 25 years. He stated there are concerns that the medium solar facilities would be replaced. • Richard Miller, representative of Sunshare, stated the changes to the regulations could be problematic for medium scale facilities if the proposed changes prohibit then in the A (Agricultural) zone district. He recommended the medium scale facilities be allowed in the C-3 (Commercial) and the I-1 (Industrial) Zone District with a Use by Special Review Permit. In response to Chair Kirkmeyer, Mr. Miller stated solar facilities are a necessary use or utility, and the benefit of having them in the agricultural areas it gives the property owner another source of income. He stated solar facilities are a utility use, but are compatible with agricultural uses. • Kyle Sundman, representative of Namaste Solar, stated solar is an energy development and he believes solar facilities should be labeled the same as oil and gas industry. He stated once the facility is decommissioned it would not be productive to rezone the agricultural zone. He also suggested a solar facility isn't visually unappealing. He explained a solar panel will produce more energy when located in Weld County than in Denver. • Dale McCall, representative of Rocky Mountain Farmers Union, reported the current members believe the regulations are working and they have concerns with more restrictions on medium size facilities in the A (Agricultural) Zone District. El Troy Spraker, representative of (inaudible), stated the proposed Code change will cause some hardships to the medium scale solar facility. He stated he doesn't ever hear negative feedback concerning Minutes, Monday, June 10, 2019 Page 8 2019-2118 BC0016 the solar industry. He stated, if the zoning is changed to an industrial use, then in 20 to 35 years the land will be available for any industrial use to move in and it may not be compatible with the surrounding uses. (Clerk's Note: The Board recessed at 12:00 pm and reconvened 1:34 pm) • Milton Geiger, resident of Windsor, on behalf of Poudre Valley REA, stated they have existing medium -scale solar projects within the County, which generate energy locally. He requested that there be no changes made to the existing regulations. John Marxarelle, representative of Silicon Ranch, stated the solar facilities are compatible with agriculture, oil and gas exportations and production. • David Amhen-Olzewski, representative of Sunshare, stated there were several factors which attracted them to develop solar facilities in Weld County. He stated they are trying to give people the option to choose energy sources and offer significant cost savings. He explained people don't want to change their land to industrial zoning and this makes things more complicated for the solar companies, which will create more costs. He suggested solar facilities be zoned similar to oil and gas. He requested that small solar facilities be 35 acres without a cap on megawatt size. In response to Commissioner Conway, Mr. Amhen-Olzewski stated Weld County's Code is more sophisticated compared to the other Counties that he has worked with. • Elliott Abel, representative of Namaste Solar, stated they installed two (2) solar systems on Aurora Dairy in Weld County and explained the goal is for Weld County to be an energy friendly community. He stated solar is used for residential, commercial, and agriculture, and it can co -locate with oil and gas. He stated there doesn't need to be a de facto ban on the solar energy in Weld County, because it would not benefit Aurora Dairy, who uses solar energy to save on operating costs. Mr. Abel clarified the process of solar co -locating with oil and gas operations. • Dave Kisker, resident of Johnstown, commented on the smaller scale facility and suggested there be a decision on the amount of land, versus limits on power. He stated medium -scale facilities are low impact uses but they are related to agriculture. He stated 35 megawatts will use 200 acres. • Commissioner Conway suggested leaving small facilities at 20 acres and let technology be in control. He expressed his concerns with how to approach medium -scale solar facilities and suggested more discussions are needed but he doesn't want to see the medium -scale facilities restricted to the industrial or commercial zones. He addressed concerns from the industry about creating unintended consequences. Commissioner Conway stated Weld County is an energy county and he inquired how many applications have been received since the regulations changed in 2016. Mr. Parko referenced five (5) pre -applications for solar facilities and confirmed the Department of Planning Services hasn't received any medium -scale applications. • Commissioner James stated the Board should approve the solar facilities in the A (Agricultural) Zone with the understanding there may be visual impacts of solar facilities. He stated he would like to see medium -scale facilities reviewed through the USR process on a case -by -case basis. Commissioner Freeman stated the one (1) medium facility was approved in the 1-3 (Industrial) Zone. He suggested doing a 1041 for the large and medium scale facilities as determined by the acreage size and not megawatts. Commissioner Moreno stated the impact on the acreage size needs to be considered. Chair Kirkmeyer stated the Board needs to consider the harmonious development of the County. She stated they are trying to establish the zone districts and decide what is truly the intent of the zone district. She clarified Minutes, Monday, June 10, 2019 Page 9 2019-2118 BC0016 solar facilities are not a "farm" or a "garden", rather they are an industrial use. She stated they create an industrial zone in the agricultural zone. Commissioner Freeman stated they have seven (7) applications and four (4) have been approved. Chair Kirkmeyer stated she is looking at how much acreage the solar facility will cover, and she is willing to go to ten (10) acres, but not willing to go to 20 acres covered by panels. Mr. Parko confirmed 20 acres or less is a small-scale facility, 20 acres or more would be a medium scale, and there are 30 megawatts for large scale. Commissioner James clarified the trigger for a 1041 is determined by megawatts. Mr. Barker suggested the Board revisit the Ordinance and decide how to handle the different zone districts. Commissioner Freeman stated it should stay in the industrial zone and be a USR process. He stated solar panels are not consistent with the land uses of the agricultural zone. Chair Kirkmeyer stated she gets calls about the unsightly appearance of solar facilities. Chair Kirkmeyer inquired about Batch Plants and suggested changes for the First Reading. Commissioner James moved to read Code Ordinance #2019-02 on First Reading. Seconded by Commissioner Conway, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances #2019-09, #2019-10, and #2019-11 were approved on First Reading and Code Ordinance #2019-02 was approved on Second 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 2:42 p.m. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO ATTEST: d,atA,A)G.•�x Weld County Clerk to the Board arbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Minutes, Monday, June 10, 2019 Page 10 2019-2118 BC0016 ATTENDANCE LIST LePr NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY RESIDENCE SPEAKING (Y/N)? 5 w1 e I--�' P (�A, x [fi -rr 3G L 410 tOi,12 L 4 - Co ,-� �'O 1, (5 �t, to V`1 .rcL` -A'u.e, k 355).0.Stej-aril '1 1eLI'G afil`i moo1f3 c�) ahoo.cv1 We14 i S 4 p C p� P meL, AQftta, Ile WI .1 tb fr-c_ A .- rr / ZS ,5t -D vim, /o/"L 1�.� ®� mi l �0z� - T'lartyid9in wee i ct;-. v i,LNI 9 t Li 40 -P.kL_ v� 0 —h -m rc-eve . 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