The URL can be used to link to this page

Browse Search

Home My WebLink About20193680.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 14, 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, August 14, 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 Controller, Barbara Connolly MINUTES: Commissioner James moved to approve the minutes of the Board of County Commissioners meeting of August 12, 2019, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. • READ ORDINANCE BY AUDIO: Commissioner Freeman moved to read Emergency Ordinance #255-A by audio. The motion was seconded by Commissioner Conway and it carried unanimously. CI AMENDMENTS TO AGENDA: There were no amendments to the agenda. la CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. O PUBLIC INPUT: No public input was given. WARRANTS: • 1) GENERAL WARRANTS - AUGUST 13, 2019: Commissioner Freeman moved to approve the general warrants. Commissioner Moreno seconded the motion, and it carried unanimously. BIDS: O 1) APPROVE BID #B1900111, COMMUNITY CORRECTIONS (INTERIOR PAINT) - DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, stated the low bidder has withdrawn their bid, therefore, staff recommends approval of the second low bid which meets Minutes, Wednesday, August 14, 2019 49/t6 Page 1 2019-3680 BC0016 specifications from CRCFS, Inc., in the amount of $65,035.90. Commissioner James moved to approve said second low bid. Seconded by Commissioner Moreno, the motion carried unanimously. NEW BUSINESS: ID 1) CONSIDER CONTRACT ID #3074 MEMORANDUM OF UNDERSTANDING FOR JUSTICE ASSISTANCE GRANT (JAG) AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Sonja Kohlgraf, Sheriff's Office, stated this contract is the result of an annual grant which has been received in conjunction with the City of Greeley Policy Department. She stated the Police Department will serve as the fiscal agent to complete the reporting requirements and pass through of the divided funds, in the amount of $12,119.00, for various equipment items to assist with officer safety, crime prevention and enforcement of criminal law. Commissioner Conway moved to approve said memorandum of understanding and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. 2) CONSIDER AMENDMENT #1 TO GRANT AGREEMENT FOR THE JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Kirsta Britton, District Attorney's Office, explained an annual grant award was accepted on May 20, 2019, for the Juvenile Diversion Program which has been ongoing since 2006. Following acceptance, Bill 19-108 was passed which changed the Juvenile Diversion Program funding from a competitive grant process to a direct allocation, therefore, this amendment will secure the current funding through the end of 2019, and a subsequent allocation request will be brought back before the Board for 2020 funding. Commissioner Freeman moved to approve said amendment, which was seconded by Commissioner Conway, and it carried unanimously. 3) CONSIDER TITLE VI PLAN FOR CDOT/FWHA SUBRECIPIENTS AND AUTHORIZE CHAIR TO SIGN: Karin McDougal, Assistant County Attorney, stated the proposed plan is required as a stipulation of receiving federal FHWA funds specific to flood recovery projects accomplished by the Department of Public Works. She reviewed the proposed revisions, which will comply with the Colorado Department of Transportation (CDOT) grant requirements and stated the plan will be posted for public inspection. The motion to approve said plan and authorize the Chair to sign was made by Commissioner Moreno, seconded by Commissioner James, and it carried unanimously. CI 4) CONSIDER AGREEMENT FOR DISPATCH SERVICES AND AUTHORIZE CHAIR TO SIGN — BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Don Warden, Director of the Department of Finance and Administration, stated this agreement clarifies the current arrangement regarding county -wide paramedic services. He commented UC Health Ambulance services are now present in Weld County and a few fire protection districts have contracted with them as a primary provider, which alters the county -wide payment arrangement for dispatch allocation fees. He further explained the new allocation formula will go into effect on January 1, 2020, which will be switched over to the fire protection districts, and Banner will continue to pay a proportionate share. Mr. Warden stated this agreement contains Exhibit A, which spells out the Districts that have Banner operational agreements as exclusive providers, as well as which districts have UC Health as their primary provider, in which case Banner will remain as a backup. Chair Kirkmeyer clarified the user fee was worked out in coordination with the fire protection districts, law enforcement, and emergency response users, including a ten-year capital plan for dispatch services. She explained the fees that come in for E911 are credited to all the users, and then the County agrees to pay 60% of costs of services for public safety communications, with the fire protection districts and law enforcement agencies to pay 40% aggregate among the 46 users. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. Minutes, Wednesday, August 14, 2019 Page 2 2019-3680 BC0016 el 5) EMERGENCY ORDINANCE #255-A, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2019: Mr. Warden stated this is the first of two supplemental appropriations to reallocate funds to account for unforeseen items or expenditures. He referenced the Exhibits detailing the line items, which he reviewed for the record (hardware/software purchases, new Oil and Gas Energy Department, Martindale auditing contract, Sheriff/Courts equipment, mid -year positions and contract approvals, General Fund transfers, a large anticipated tax abatement, the Bank -Head Jones allocation split 50/50 with school districts and Public Works, mid -year grants and projects, purchases of buildings, project transactions which rolled forward from 2018 to 2019, PERA Trust, Contingency Fund Capital and Retirement Transfers, and use of the Weld County Finance Corp to purchase the Rubadue building due to Energy Mineral Impact Grant obligations). In response to Commissioner Conway, Mr. Warden explained he calculated the anticipated fees to cover the first five months of start-up costs and confirmed the $4 million transfer to purchase the Rubadue building will be completely covered and offset by revenues from permit fees. No public testimony was offered concerning this matter, and Mr. Warden confirmed the matter was pre -published to comply with emergency ordinance approval requirements. Commissioner Moreno moved to approve Ordinance #255-A on an emergency basis. Commissioner Freeman seconded the motion, and it carried unanimously. PLANNING: el 1) CONSIDER RESUBDIVISION, RES19-0008, OF LOT 3 OF UNION COLONY SUBDIVISION TO CREATE TWO (2) LOTS FROM ONE (1) IN THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT — DAN AND JANNA MILLER: Angela Snyder, Department of Planning Services, provided a summary of the site layout and reviewed the water and sewer provisions. She indicated a shared access is proposed from East 18th Street; however, the subdivision regulations require that all access must be from an internal street, therefore, staff is requesting dedicated right-of-way for a separate access. She stated the Colorado Department of Transportation (CDOT) has agreed to allow the applicants to retain the existing access for both properties. Ms. Snyder stated the referral response from the Department of Public Works indicates the site does not qualify for a drainage exception which necessitates a Drainage Report. Additionally, no utility easements will be affected, but the applicant will be required to create a utility easement to be shown on the plat. She stated the City of Greeley has expressed interest in annexing the property and requested the applicant establish a connection to Alpine Avenue Court; however, there is no Coordinated Planning Agreement with the City, so the applicants are only required to "attempt" to address the concerns/requests of the City. Ms. Snyder stated the applicant has acquired a "Will Serve" letter from the City of Greeley for water and sewer, but they intend to pursue augmentation of the well to have it repermitted for the proposed use; however, if they reach the established thresholds, then they will have to annex to obtain municipal water/sewer services. She further stated staff received one letter from a surrounding property owner objecting to the application, based on the proposed industrial use, and she displayed images of the site and surrounding views. She indicated the area is comprised of mixed uses, with pre-existing homes on properties which are primarily zoned Residential, and staff feels the referral concerns will be addressed through the Conditions of Approval, as presented. In response to Commissioner Conway, Ms. Snyder stated she is not certain of the location of the resident who submitted the letter of concern. Responding to Chair Kirkmeyer, she indicated which lots have been rezoned to C-3 and I-1, and noted some residential properties have been annexed by the City of Greeley and used for commercial endeavors. She also confirmed diesel repair shops are not allowed in the Residential zone, and staff does not believe augmentation is feasible, therefore, they allowed the applicant to proceed with the application based on receipt of the Will Serve letter from the City of Greeley, which satisfies the requirement, but they would be required to annex in order to connect to public services in the future. In the interim, the proposed use does qualify for bottled water and portable toilets for the shop. In response to Commissioner James, Ms. Snyder stated if the property is split, each lot will be zoned Residential, there is no violation on the site because the existing shop is not currently operating, Minutes, Wednesday, August 14, 2019 Page 3 2019-3680 BC0016 and the applicant would be required to complete a Change of Zone application prior to submitting a Site Plan Review to commence operating the diesel shop. • Kelsey Bruxvoort, AGPROfessionals, displayed a PowerPoint presentation and explained they are proceeding with the Resubdivision, in conjunction with the Change of Zone to C-3 zoning, followed by a Site Plan Review for the diesel repair business. She stated the site is unique and requires creative solutions. The property is currently being farmed for hay, and the applicant would like to operate a diesel shop on Lot 1 and retain the existing residence on Lot 2. The site was originally platted in 1871, as part of the Union Colony Subdivision and zoned E (Estate) in 1962, as part of sweeping rezoning, but it was historically vacant. Ms. Bruxvoort displayed various zoning maps depicting designated uses in the area, and stated the application meets the criteria of Section 24-5-30 of the Weld County Code. She addressed access and roadway requirements to utilize the existing gravel driveway, which is permitted by CDOT, reviewed the 30 -foot right-of-way dedication, and stated the proposal will have a minimal impact on the area. She stated the applicants are proposing to use bottled water and portable toilets on Lot 1 for the diesel shop; however, they also have the option of augmenting the well permit and installing a septic system or annexing and obtaining water and sewer service from the City of Greeley. Lastly, she stated the site meets the MS4 drainage requirements for an exception from on -site detention, there were no negative referral responses with concerns, the site is not encumbered with covenants, and the application does not change the intent of the subdivision. • In response to Commissioner James, Ms. Bruxvoort stated the applicant will work with the City of Greeley, but there are no water or sewer lines within 400 feet of the property. El No public testimony was offered concerning this matter. • In response to Chair Kirkmeyer, Ms. Snyder explained staff determined the Resubdivision application was eligible for processing based on receipt of the "Will Serve" letter from the City of Greeley for water and sewer. Ms. Bruxvoort stated they are seriously pursuing augmentation for shared use of the well; however, if that is not achieved, then they will plug the well and obtain water from the City of Greeley. She further stated Lot 2 will retain the existing septic system for the residence and there is adequate room for an additional septic and leach field. • Ms. Bruxvoort referenced Condition of Approval (COA) #1.C and requested the Board include the words "if necessary" specific to the drainage pond design, since the site does not exceed 5 CFS. She stated the drainage plan is pending review by the Department of Public Works, but she believes the MS4 requirements have been addressed with vegetation as required by the R-1 zoning. The Board agreed to amend COA #1.C. El Mike McRoberts, Department of Public Works, stated staff does not believe the site meets the drainage exception because it does not include runoff from the other lots, which must be accounted for as part of a subdivision. Commissioner Freeman commented there is no residence on Lot 2, and Mr. Barker explained the drainage requirement must be met at the time of the Resubdivision. Mr. McRoberts concurred it is necessary at this time because the application must take Lot 2 into consideration and adding the words "if necessary" would be appropriate. le Ms. Bruxvoort also explained they originally proposed an access easement; however, staff is requiring right-of-way for access and utilities, therefore, COA #1.D is not applicable. Ms. Snyder and Mr. McRoberts each agreed with the deletion, since the 30 -foot right-of-way is addressed by COA #1.E.5. The Board agreed to delete COA #1.D. Minutes, Wednesday, August 14, 2019 Page 4 2019-3680 BC0016 e In response to Chair Kirkmeyer, Ms. Bruxvoort stated they have reviewed, and the applicants agree to abide by, the Condition of Approval, as amended. Chair Kirkmeyer confirmed there was no further comments offered concerning the amended conditions. Commissioner Freeman moved to approve Resubdivision, RES19-0008, with the Conditions of Approval, as amended. Commissioner Conway seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Emergency Ordinance #255-A was approved on an emergency basis. 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 10:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifiA) V Weld County Clerk to the Board BY: Deputy Clerk to the Board arbara Kirkmeyer, cott`K. James Mike Freeman, Pro -Tern XCUSED DATE OF APPROVAL Steve Moreno Minutes, Wednesday, August 14, 2019 Page 5 2019-3680 BC0016 Hello