HomeMy WebLinkAbout20191953.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 22, 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, May 22, 2019, at the hour of 9:00 a.m.
e 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
Senior Accountant, Chris D'Ovidio
e MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of May 20, 2019, as printed. Commissioner James seconded the motion, and it
carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
e CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PROCLAMATIONS:
la 1) MEMORIAL DAY - MAY 27, 2019: Chair Kirkmeyer read the proclamation for the record
declaring May 27, 2019, as Memorial Day, which has been recognized since 1868 as a day to decorate
the grave sites of fallen soldiers, who paid the ultimate sacrifice for the freedom of citizens. She also
noted she will be at Linn Grove Cemetery, Monday, May 27, 2019, to read the proclamation, on behalf of
the Board.
e PUBLIC INPUT: Sherri Struble, resident of Erie, expressed her frustration with the November 25,
2018, expiration date of USR15-0045 not being enforced. She stated there wasn't any work performed
on the property until last week and the work being performed is intrusive. She inquired how the USR
expiration date is enforced. Ms. Struble also reported her neighbor has had an illegal marijuana grow and
rentals on her property, and she inquired how Code violations are enforced, because she believes there
are no apparent consequences. In response to Commissioner Conway, Ms. Strubel stated she is working
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with the Department of Planning Services and submitted her comments as Exhibit A. a Chris Ralmo,
resident of Erie and Secretary of Ranch Eggs neighborhood (also known as RENA) explained members
of RENA voiced their concern to the County Commissioners about the intense development being
planned and built by the Town of Erie and the City of Broomfield. She stated the two (2) municipalities
have had an impact on the rural residential neighborhood and asked the Board to continue to advocate
for their community. She displayed a map of the future development of the community. a Bill Gillard,
resident of Greeley, stated it will be important for the Board to video tape their meetings, so the public
can see the body language and interactions between the Commissioners. In response to Mr. Gillard,
Chair Kirkmeyer explained staff and the Commissioners are not anticipating any more work sessions;
however, Esther Gesick, Clerk to the Board, has been working with the vendor and the Director of the
Department of Information Technology.
BIDS:
ID 1) APPROVE BID #B1900085, TABOR NOTICES — CLERK AND RECORDER: Rob Turf,
Department of Purchasing, reviewed the four (4) bids received and stated staff recommends awarding to
bidder who meets the specifications, Runbeck Election Services, Inc., for the size 1 and 2 booklets. Adam
Gonzalez, Clerk and Recorder's Office, stated two (2) vendors didn't meet the required specifications,
therefore; staff recommends Runbeck Election Services, Inc., because they understand the timeline with
Tabor notice mailing and provided references demonstrating their success with meeting deadlines.
Chair Kirkmeyer confirmed the Clerk and Recorders' Office has done their due diligence at checking the
references of the other vendors. Commissioner Moreno moved to approve said low bid which meets
specifications. The motion was seconded by Commissioner James, and it carried unanimously.
e 2) PRESENT BID #B1900096, GROVER COMMUNICATIONS TOWER - DEPARTMENT OF
PUBLIC SAFETY COMMUNICATIONS: Mr. Turf reviewed the four (4) bids received and stated staff will
bring back a recommendation on June 10, 2019.
e 3) PRESENT 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 will bring back a recommendation on June 10, 2019.
NEW BUSINESS:
e 1) CONSIDER CONTRACT ID #2564 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
VINCENT AND ROSE LOPEZ: Bruce Barker, County Attorney, on behalf of the Department of Human
Services, reviewed the terms of the agreement for Vincent and Rose Lopez as foster care home
providers. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner James, the motion carried unanimously.
e 2) CONSIDER CONTRACT ID #2512 INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN
RECORDS USE AND SUPPORT AND AUTHORIZE CHAIR TO SIGN — TOWN OF MEAD ON BEHALF
OF THE MEAD POLICE DEPARTMENT: Mr. Rose presented the agreement with the details of the
Intergovernmental Agreement with the Town of Mead, on behalf of the Mead Police Department, to utilize
Weld County's Spillman Program for records management. Commissioner Freeman moved to approve
said intergovernmental agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
Minutes, Wednesday, May 22, 2019
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PLANNING:
1) CONSIDER REVOCATION OF MINOR SUBDIVISION FINAL PLAT, MF-1039, VACATE
PRAIRIE HOLLOW ESTATES, AND REVERT PROPERTY TO A (AGRICULTURAL) ZONING -
BRYANT AND KELSEY MUNDT: Kim Ogle, Department of Planning Services, stated the Final Plan
application was approved by the Board on March 1, 2006, and the code states if no construction has
commenced, or use established, within three (3) years of approval, the Board can have the applicants
appear and demonstrate the Final Plan for the Minor Subdivision has not been abandoned. Zach
Satrang, representative of the applicants, stated they would like to vacate the Minor Subdivision and
revert to the A (Agricultural) Zone District to build a single-family residence. Commissioner Freeman
moved to revoke Minor Subdivision, MF-1039, vacate Prairie Hollow Estates, revert the property back to
the A (Agricultural) Zone District. The motion was seconded by Commissioner Conway, and it carried
unanimously.
e 2) CONSIDER RECORDED EXEMPTION, RECX19-0011 - T3 LAND AND INVESTMENT, LLC:
Chris Gathman, Department of Planning Services, stated the applicants are proposing to divide Lot B of
Recorded Exemption, RECX15-0109, into two (2) parcels. He explained the Recorded Exemption (RE)
will divide acreage off Lot A. He displayed a photo showing the Board where the applicant would like to
divide the parcel to apply for a four (4) lot PUD for commercial and industrial uses and stated there is an
existing residence on the lot which will be converted to office space. Chair Kirkmeyer clarified Lot A will
be approximately 17 acres and the new Lot B will about 84 acres and confirmed on the new Lot A they
would like it to be zoned commercial or industrial. In response to Chair Kirkmeyer, Mr. Gathman confirmed
the applicants would like to apply for a PUD on the new Lot A. e Haley Balzano, Department of Public
Works, stated staff has concerns with the location of the access point in relation to CR 44. She stated
both accesses are permitted with Tri-State, and the proposed access for Lot B is currently classified as
a small commercial access located 1,735 feet west of the intersection. The applicant is proposing to
relocate the access for Lot A 660 feet west from the edge of County Road 49; however, it does not meet
the County Code spacing requirement. She explained the Code states an unsignalized intersection
should be 1,320 feet from the access point ,or if applicable, they should share the access. Ms. Balzano
explained the applicant will need to apply for a variance to meet the sight distance requirements. In
response to Chair Kirkmeyer, Ms. Balzano stated there are two options for the location of the access
point, but since it is a subdivision road it is viewed as an intersection, therefore, it needs to be located
1,320 feet from the intersection. Ms. Balzano stated the largest distance from the edge of CR 49 right-of-
way is 943 feet to the center line of the lot. Ms. Balzano confirmed the average daily traffic couny of 1,352
with 34% trucks and the access was approved August 10, 2015, for Tri-State. In response to
Commissioner Conway, Ms. Balzano stated the traffic count was taken August 2, 2017, and staff
recommends the access to proposed Lot A cannot be any closer than 1,000 feet from edge of CR 49
right-of-way.
Kelsey Bruxvoort, representative of AGPROfessionals, presented the Timmerman Feedlot and
explained the Recorded Exemption is being done in conjunction with a four -lot Planned Unit Development
(PUD) for industrial and commercial uses. She stated the applicant wants to create a 20 -acre Lot A, and
if the Recorded Exemption is not approved the remaining 100 acres will be encumbered as an outlot
within the PUD. Ms. Bruxvoort stated the applicant believes extenuating circumstances exist to address
the Department of Public Works' requirements for the PUD. She suggested the existing access point be
relocated to meet the spacing criteria. She stated the Department of Public Works is requesting a shared
access, which the applicant does not feel is practicable. She displayed photos showing the access point
and the feedlot.
Commissioner Conway requested clarification of the extenuating circumstances, in regard to the
waiver of the five (5) year requirement. Ms. Bruxvoort stated having 100 acres encumbered as an outlot
Minutes, Wednesday, May 22, 2019
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isn't an appropriate use for the acreage and would be better to remain in the A (Agricultural) Zone District.
Chair Kirkmeyer confirmed the proposed PUD on Lot A is to be considered the extenuating
circumstances. In response to Chair Kirkmeyer, Mr. Gathman confirmed the PUD can be labeled as
agriculture, commercial or industrial. Ms. Bruxvoort stated her concern is being able to get a permitted
well permit within a platted subdivision and they do not want to restrict the feedlots' future water rights.
Mr. Gathman stated the original Recorded Exemption (RE) was approved in November 19, 2015.
Commissioner Conway clarified by applying for the RE the applicant is preserving the 80 acres for
agricultural use. Commissioner James stated he feels that the PUD shouldn't be discussed during the
request for the RE.
e Thomas Haren, representative of AGPROfessionals, stated the RE will create a separate buildable
lot but the applicant wants to omit the 100 acres from the requirements of a PUD. In response to
Chair Kirkmeyer, Mr. Haren estimated it will take two years from approval of the PUD to construction of
an operational commercial or industrial business. He confirmed the construction won't be complete before
the five (5) year timeframe requirement and it was the recommendation from the Department of Planning
staff to apply for a Recorded Exemption. Commissioner James clarified the extenuating circumstances
are the timeline of the market. After further discussion, Chair Kirkmeyer and the Board agreed it is logical
to have the RE and can find extenuating circumstances.
Chair Kirkmeyer addressed the concerns of the Department of Public Works, in regard to the access.
She stated they will have to reevaluate the access, once they apply for the PUD, and it needs to be meet
the Code, in regard to a subdivision. Commissioner Freeman stated the arterial road needs to be 660
feet and it may require turn lanes.
• Commissioner Freeman moved to approve Recorded Exemption, RECX19-0011, with the access
being 660 feet from the intersection and at its current location. The motion was seconded by
Commissioner Conway. Commissioner Freeman stated the applicant was able to demonstrate
extenuating circumstances to keep the feedlot separate from the PUD.
• In response to Chair Kirkmeyer, Ms. Bruxvoort requested that Condition of Approval (COA) #2.C be
deleted, because the two access points are staying the same and it would no longer apply. Ms. Balzano
suggested COA #1.A also needs to be deleted. Commissioner Conway moved to amend the original
motion to delete COAs #1.A and #2.C. Seconded by Commissioner James, the motion carried
unanimously.
Ei 3) CONSIDER EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN FOR CHANGE OF
ZONE, PZ-1071, FOR ALDER STATES PUD - MEAD CROSSINGS, LLC: Mr. Ogle reviewed the tenth
request for an extension of time to submit the Final Plat and stated the applicant is now requesting a
six (6) month extension. In response to Commissioner Conway, Mr. Ogle stated the applicant was to
submit a final plan application on or before June 3, 2019.
e Fred Kelly, representative of Mead Crossings, LLC, stated he was approached by a potential
purchaser who would prefer to proceed forward with the County, if the parcel isn't sold; therefore, he is
requesting a six (6) month extension to formulate a plan on how to proceed with the Final Plan. In
response to Chair Kirkmeyer, Mr. Kelly confirmed he is not prepared to submit the Final Plan. Mr. Ogle
stated the applicant would need to apply for a Final Plan first. Mr. Kelly stated the plan would be radically
different if the purchase goes through, and although he doesn't have a specific purchase date, he would
be willing to proceed with the plan but it would not be ready prior to June 3, 2019. Mr. Ogle stated they
will need to submit an extensive Final Plan. Chair Kirkmeyer stated she is not willing to grant another
Minutes, Wednesday, May 22, 2019
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extension. Commissioner Conway stated there is a potential buyer which is a new component and he is
willing to grant an extension but suggested a shorter timeframe. Chair Kirkmeyer reiterated the applicant
is not sure about the validity of the sale. Commissioner Freeman stated he would consider the extension.
Commissioner Moreno stated he doesn't agree with granting extension. In response to
Commissioner Conway, Commissioner James stated the shorter timeframe would be June 3, 2019.
Mr. Kelly stated the sale is in negotiations and there is a 50% chance of the sale going through. He
explained elections for a metropolitan district can only occur once a year and this type of election cannot
be held in May, therefore, it can't be held until November, 2019. Chair Kirkmeyer stated she wants to
know when Mr. Kelly could submit the Final Plan. Commissioner Conway confirmed with Mr. Kelly that
they will file for a metropolitan district even during the negotiation of the sale. He stated if the purchase
goes forward another plan would be filed. Mr. Kelly stated it takes six months to apply for a metro district
and hold an election. Commissioner Moreno moved to deny the request for the extension. The motion
was seconded by Commissioner James who stated he knows it will take longer than six (6) months to file
for a metropolitan district. Commissioner Conway suggested granting the applicant another extension to
file for a metropolitan district and allow for the election in November. Upon a roll call vote the motion
passed four to one, with Commissioner Conway opposed.
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 Clerk to the Board.
There being no further business, this meeting was adjourned at 10:41 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLOF�t'ADO
ATTEST: ditAvt) �aCLto%
Weld County Clerk to the Board
BY:
puty ' er o the Bgratd
Barbara Kirkmeyer, Clair
Mike Freeman, Pro-Tem
Steve Moreno
C _
Sean P./Conway
Scott K. James
Minutes, Wednesday, May 22, 2019
Page 5
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ATTENDANCE LIST
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