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HomeMy WebLinkAbout20192597.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 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, July 10, 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 Clerk to the Board, Esther Gesick Controller, Barbara Connolly IR MINUTES: Commissioner James moved to approve the minutes of the Board of County Commissioners meeting of July 8, 2019, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. IR AMENDMENTS TO AGENDA: There were no amendments to the agenda. la CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. e PUBLIC INPUT: Bill Gillard, Greeley resident, inquired about the Public Input disclaimer language and questioned if there is a time limit on items that can be presented to the Board. He also expressed concern regarding the new Department of Oil and Gas Energy, which is estimated to cost more than $1 million, and stated it is not appropriate to impose restrictions stronger than the state. Mr. Barker explained the Public Input portion of the Agenda is an option allowed by the Board and the intent of the disclaimer language is to prevent redundancy and address comments that have not been raised before. He asserted it is not a limit on free speech, rather, it attempts to be efficient with the meeting time, and the Board is not required to engage or respond. He explained redundant inquiries may be submitted in writing. WARRANTS: El 1) GENERAL WARRANTS - JULY 9, 2019: Commissioner Freeman moved to approve said warrants. The motion was seconded by Commissioner Moreno, and it carried unanimously. Minutes, Wednesday, July 10, 2019 Page 1 2019-2597 BC0016 NEW BUSINESS: E 1) CONSIDER CONTRACT ID #2679 AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - RE -5J SCHOOL DISTRICT: Jamie Ulrich, Deputy Director of the Department of Human Services, stated under this agreement the department will implement the Compass: Weld County Family Resource Team Program, which is intended to keep children at home in a safe, nurturing environment. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. e 2) CONSIDER CONTRACT ID #2771 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME - STEVEN AND CRISTINE BAUER: Ms. Ulrich presented the terms for a new foster care home located in Gill, Colorado. Commissioner Freeman moved to approve said contract and authorize the Chair to sign. Commissioner James seconded the motion, which carried unanimously. • 3) CONSIDER CONTRACT ID #2772 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME - STEVE AND CLORISA MCKETA: Ms. Ulrich presented the terms for a new foster care home in Johnstown, Colorado. Commissioner James moved to approve said contract, which was seconded by Commissioner Conway, and it carried unanimously. 4) CONSIDER CONTRACT ID #2728 AGREEMENT FOR PURCHASE OF SERVICES AND AUTHORIZE CHAIR TO SIGN - VISITING ANGELS LIVING ASSISTANCE SERVICES OF WINDSOR: Ms. Ulrich reviewed the terms for the Area Agency on Aging In -Home Services Voucher Program, which provides personal care and homemaking assistance to County residents who are 60 years of age or older. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. ID 5) CONSIDER CONTRACT ID #2680 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE CHAIR TO SIGN - DANIEL AND JEANNIE TORRES: Ms. Ulrich stated this agreement authorizes Daniel and Jeannie Torres to provide respite care for up to four (4) hours per week, per child, not to exceed 16 hours per month. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. Commissioner James seconded the motion, which carried unanimously. 6) CONSIDER CONTRACT ID #2924 INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND SUPPORT AND AUTHORIZE CHAIR TO SIGN —TOWN OF NUNN, ON BEHALF OF THE NUNN POLICE DEPARTMENT: Josh Thimgan, Department of Information Technology, stated this agreement will allow the Nunn Police Department to be a Spillman records agency, and there is no additional cost to the County. Commissioner James moved to approve said intergovernmental agreement, which was seconded by Commissioner Moreno, and it carried unanimously. e 7) CONSIDER CONTRACT ID #2939 AGREEMENT FOR SUITEONE MEDIA SERVICES AND AUTHORIZE CHAIR TO SIGN - JCG TECHNOLOGIES, INC. I SUITEONE MEDIA, INC.: Esther Gesick, Clerk to the Board, stated this agreement is for the implementation of the SuiteOne meeting content management solution to provide web casting, on -demand video posts, and closed captioning services upon request. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 8) CONSIDER SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN - HISTORIC GREELEY, INC.: Bob Choate, Assistant County Attorney, stated the applicant is requesting to host a Minutes, Wednesday, July 10, 2019 Page 2 2019-2597 BC0016 Special Event on their site, which was approved for a Use by Special Review Permit last year as an event venue. He stated the referral responses indicated no concerns and the applicant's bartender is TIPS certified. In response to Commissioner Conway, Annette Jan, owner of the property and Treasurer for Historic Greeley, Inc., stated their organization is committed to the preservation of historical properties, and although the venue has hosted a few personal events, they are looking to increase their number of event contracts. Commissioner Freeman moved to approve said permit and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. ID 9) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT SPECIALIST: Tina Booton, Weed Division, presented the list of properties which may require weed enforcement. In response to Commissioner Conway, Ms. Booton confirmed she has made multiple attempts to contact the property owners and she is hopeful that they will bring their properties into compliance without having to take enforcement measures. Commissioner Moreno moved to approve said entry. Commissioner James seconded the motion, which carried unanimously. • 10) CONSIDER INSTALLATION OF TRAFFIC REGULATORY SIGNS ON CR 7.5 SOUTH OF STATE HIGHWAY 119 AND STAGECOACH ROAD: Cameron Parrott, Department of Public Works, explained Stagecoach Road makes a loop and intersects with State Highway 119 at both ends. He provided the posted speed, stated there have been no reported accidents, and there are no observed alignment or access issues. Commissioner Freeman moved to approve said sign installation. Commissioner Moreno seconded the motion, which carried unanimously. el 11) CONSIDER PROPERTY USE AGREEMENT FOR PLANNING COMMISSION COMPUTER AND AUTHORIZE CHAIR TO SIGN - LONNIE FORD: Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. e 12) CONSIDER PROPERTY USE AGREEMENT FOR PLANNING COMMISSION COMPUTER AND AUTHORIZE CHAIR TO SIGN — RICHARD BECK: Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Commissioner James seconded the motion, which carried unanimously. la 13) CONSIDER PROPERTY USE AGREEMENT FOR PLANNING COMMISSION COMPUTER AND AUTHORIZE CHAIR TO SIGN - MICHAEL WAILES: Commissioner James moved to approve said agreement, which was seconded by Commissioner Conway, and it carried unanimously. la 14) CONSIDER PROPERTY USE AGREEMENT FOR PLANNING COMMISSION COMPUTER AND AUTHORIZE CHAIR TO SIGN - SKIP HOLLAND: Commissioner James moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. E 15) CONSIDER PROPERTY USE AGREEMENT FOR PLANNING COMMISSION COMPUTER AND AUTHORIZE CHAIR TO SIGN — TOM COPE: Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. e 16) CONSIDER PROPERTY USE AGREEMENT FOR PLANNING COMMISSION COMPUTER AND AUTHORIZE CHAIR TO SIGN - BRUCE JOHNSON: Commissioner Conway moved to approve Minutes, Wednesday, July 10, 2019 Page 3 2019-2597 BC0016 said agreement and authorize the Chair to sign. Commissioner James seconded the motion, which carried unanimously. El 17) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN — HARMONY IMAGING CENTER, LLC, DBA THE IMAGING CENTER: Patti Russell, Director of the Department of Human Resources, stated this agreement will establish the Sigma program for the Sheriff's Office. Commissioner Conway moved to approve said agreement, which was seconded by Commissioner Moreno, and it carried unanimously. e 18) CONSIDER MASTER SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - AETNA LIFE INSURANCE COMPANY: Ms. Russell stated this agreement will provide employee health insurance for 2019. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. ID 19) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES, AND DELEGATE AUTHORITY TO CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS: Barb Connolly, Controller, stated two pieces of equipment are ready for auction. Commissioner James moved to declare said equipment as surplus, authorize the sale at auction, and delegate authority to the Controller to sign any necessary documents. The motion was seconded by Commissioner Moreno, and it carried unanimously. IR 20) CONSIDER CONTRACT ID #2751 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0029 - EXPEDITION WATER SOLUTIONS COLORADO, LLC: Tisa Juanicorena, Department of Public Works, stated Expedition has posted collateral, in the amount of $332,000.00, related to the required improvements on County Road (CR) 19 and State Highway 52. Commissioner James moved to approve said agreement, authorize the Chair to sign, and accept the collateral. Seconded by Commissioner Moreno, the motion carried unanimously. 21) CONSIDER CONTRACT ID #2776 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR ACCESS PERMIT, AP18-00270 - CLIFF SIMPSON/HIGHLAND INDUSTRIAL PARK: Ms. Juanicorena stated, pursuant to this agreement, Cliff Simpson has posted collateral in the amount of $194,324.00, for improvements on CR 84 and Ryland Street in Ault, Colorado. Commissioner Conway moved to approve said agreement, authorize the Chair to sign, and accept the collateral. Seconded by Commissioner James, the motion carried unanimously. ID 22) CONSIDER CONTRACT ID #2777 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR14-0080 - WASTE MANAGEMENT OF COLORADO, INC.: Ms. Juanicorena stated this agreement satisfies a condition of USR14-0080, for improvements to CR 59 and CR 18 onto Market Street, in the amount of $1,342,850.00 related to required improvements. Commissioner Freeman moved to approve said agreement, authorize the Chair to sign, and accept the collateral. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Moreno commended Ms. Juanicorena for her new work at the Department of Public Works after transferring from the Clerk to the Board. Minutes, Wednesday, July 10, 2019 Page 4 2019-2597 BC0016 ID 23) FINAL 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 (M/SC ZONING): Commissioner Freeman moved to read Code Ordinance #2019-02 by title only. Commissioner James seconded the motion, which carried unanimously. Bruce Barker, County Attorney, read said title for the record. Tom Parko, Director of the Department of Planning Services, referenced materials which were submitted to the Board. Jim Flesher, Long Range Planner, provided a brief overview of the changes made since Second Reading, including some capitalization for definitions, removal of some obsolete definitions, and alphabetizing corrections. Chair Kirkmeyer opened the matter for public input. Dave Kisker, Johnstown resident, thanked the Board and staff for making all the necessary changes. He referenced item #65 listed in the Table handout concerning Pet Crematoriums which are designated in the 1-3 Zone District and stated that zoning is too intense and limits public access. He suggested the I-1 Zone may be more appropriate. Secondly, he referenced item #79, concerning Asphalt Batch Plants, which does not require a Site Plan Review (SPR) in all districts. He stated the requirements listed in the table are currently inconsistent with the Code text and proposed temporary batch plants be allowed in the I-1 Zone, and permanent plants be restricted to the 1-2 and 1-3 Zones. Chair Kirkmeyer reiterated some discrepancies in item #79 for permanent batch plants that are inconsistent with the written text, as well as item #80 for temporary batch plants. She stated permanent plants should not be reviewed as a SPR in the I-1 Zone. Mr. Flesher referenced Section 23-3-310.C, explained the SPR is reviewed administratively and a Use by Special Review (USR) allows for the public hearing process and determination by the Board of Commissioners. Mr. Kisker commented not all Change of Zone (COZ) applications designate the specific uses and requiring a full USR process in the I-1 Zone would protect the public. In response to Commissioner Conway, he clarified pet crematoriums would be appropriate in the I-1 Zone, or even Agricultural, but he understands the need to strengthen the intent of the Agricultural Zone. e Tom Haren, AGPROfessionals, expressed concern with the limited number of Industrial sites throughout the County and stated enacting a Code change that limits many uses to the Industrial zones may be premature without a prior review of the Comprehensive Plan or creation of development nodes. He supported the changes concerning temporary batch plants in relation to large agricultural operations and asked why farming is not allowed in any other zone besides A (Agricultural). He argued rezoned properties should be allowed to continue with agricultural operations until they are developed and asked if that will now be a concern. Mr. Haren also questioned the imposed taxes based on the use occurring, versus changing the valuation based on the zoning. He referenced pages 85-86 which indicate any type of manufacturing is not allowed in the Ag Zone; however, he noted the agricultural industry is changing using robotics, large processing operations and innovative equipment. He suggested there may be some appropriate manufacturing uses and the word "any" is very prohibitive. Commissioner Conway stated the small inventory of industrial sites may be the result of the ability to utilize the current USR process to locate more intense uses in the Ag Zone, rather than developers making the substantial investment of creating an industrial park. Mr. Haren agreed, in part, and noted there are also market reasons, and USRs are the result of a lack of Industrial/Commercial sites. He commented that if rezoning is going to be utilized, then anything allowed in that zone should be expected and implementing higher taxes may disincentivize rezoning and discourage future businesses from looking at an area through Upstate Economic Development. Responding further to Commissioner Conway, he provided the example of small start-up manufacturing businesses in the Ag Zone that have USR thresholds to restrict the use after it reaches a certain capacity and then must look at a more appropriate site. He noted roust -a -bouts and construction businesses start in a similar fashion. Minutes, Wednesday, July 10, 2019 Page 5 2019-2597 BC0016 F Chair Kirkmeyer referenced items #83, #84, and #85, provided examples of how the Code identifies differing uses, and agreed the use of the word "any" does cause some confusion. F Mr. Parko addressed some of Mr. Haren's concern by stating home businesses are still allowed in the Ag Zone, and some which are more intense, such as a service/contractor shops, are processed administratively as a SPR to ensure proper mitigation. Mr. Flesher concurred the difference is primarily uses that may require screening. He stated the Code lists uses which are allowed; it does not list restricted uses, so there are other uses that may not necessarily be called out. Chair Kirkmeyer identified item #82 which includes the phrase "any research" but noted a "research lab" is permitted in various zones. Mr. Barker clarified the chart is demonstrative, but the reader must also reference the Code. Chair Kirkmeyer thanked Mr. Haren for his comments and agreed the Com rehensive Plan needs to be updated and there may also need to be a Comprehensive Land Use Plan. P41 Mr. Flesher referenced Section 23-3-310.C (Uses for SPR) and stated the I-1 Zone does have the word "any" which could be removed, but it may not make much difference. Mr. Barker agreed it could be removed in the discussed Sections, but noted it is used frequently throughout Chapter 23 and, if removed, it may not make any difference to the intent but does provide clarity. Mr. Haren reiterated that type of absolute language complicates conversations in the pre-ap meetings if staff does not interpret that as something they have authority on. Lastly, he commented concerning screening in the Industrial Zone. F In response to Chair Kirkmeyer, Mr. Barker agreed it would be helpful to clarify that agricultural operations can continue following a zone change. Mr. Flesher cited Section 23-3-170 (p.87) which addresses farming of undeveloped land and suggested the language could be incorporated in the Commercial and Industrial zone sections. Mr. Barker concurred. Garrett Varra, Varra Companies, explained historically, they have permitted open pit mining sites concurrently with concrete and/or asphalt batch plants and he expressed concern that limiting certain uses to specific zones, which are not consistent, may result in a dual layered permitting process. Chair Kirkmeyer agreed with allowing batch plants in conjunction with a mining operation in the Ag Zone; however, stand-alone batch plants should not be allowed as a USR. Mr. Flesher referenced Chapter 23, Article IV, regarding Open Mining, which does allow batch plants in conjunction with mining operations. F Bill Jerke, LaSalle resident, commented he wasn't aware this process was taking place, and would like to see additional stakeholder meetings prior to a final decision. He also questioned the concept of moving forward with the zoning concept and creating administrative review processes and potentially removing the Board's review and the public's ability to influence a Board, which is a significant decision and should be given serious consideration. F Chair Kirkmeyer closed public hearing. The Board addressed item #65 (pet crematories) and agreed to allow them in the I-1 and 1-2 Zones as a SPR, in addition to the 1-3 Zone. Concerning item #79 (permanent stand-alone asphalt/concrete batch plant), the Board agreed to change the required permit to a USR, instead of a SPR. Next, the Board agreed to insert the appropriate language from Section 23-1-170 to allow farming operations to continue on properties which have been rezoned to Commercial or Industrial, until the sites are developed. Commissioner James clarified that taxes do not change with the zoning and only reflect the current use, and the proposed Code change will not alter that fact. Lastly, they agreed to change the word "any" to "a" in items #83, #84, and #85 and the respective sections of the Code. F Commissioner Conway moved to amend Code Ordinance #2019-02 as discussed. Commissioner James seconded the motion, which carried unanimously. Minutes, Wednesday, July 10, 2019 Page 6 2019-2597 BC0016 Commissioner James commented he appreciated the discussions about relinquishment of power and the governmental process; however, he believes certain areas of the County process warrant that. He further stated the Code change is appropriate to assist with assemblage of the Comprehensive Plan and zoning map, which will give staff guided direction, therefore, he moved to approve Code Ordinance #2019-02 on Final Reading. The motion was seconded by Commissioner Freeman, who commented the SPR review process is less cost prohibitive and appropriate for less intense uses with less traffic, minimal sight impacts, etcetera. He stated, if an application for a particular site presents issues, the Planning Director may refer those cases to the Board. He stated this Code change has been under review for two years, and the Board will continue to refine the Code as issues are raised in the future. Commissioner Conway thanked the public who have participated in the work sessions and each of the public readings. He agreed it has been a two-year process with press releases explaining the process, the public has provided constructive feedback, and he agreed the future success and workability of the Code is contingent on the current and future Board members to continue addressing any new issues that may arise. Commissioner Moreno agreed with the previous comments, and stated this process is intended to improve efficiencies for the public. Commissioner James commended staff for all their hard work. la Chair Kirkmeyer agreed a lot of staff have provided input and varying perspectives and legal standpoints. She stated, since 1972, the County has used a `band aid approach' to zoning, without the necessary review of the zone districts. She further stated the goal is harmonious development of the County and creating a foundation to provide comprehensive governing 10-20 years into the future. She commented the Agricultural Zone does not stand for "Anything Goes," changes were made based on experiences gained in past land use hearings and the desire to incentivize a streamlined administrative process. Lastly, she agreed there will likely be future changes to continue to improve and enhance the zoning Code in conjunction with the Comprehensive Plan review. There being no further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2019-02 was approved on Final 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 10:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dideks)< jelio;ei Weld County Clerk to the Board BY: eputy Clerk to the Board EXCUSED DATE OF APPROVAL Barbara Kirkmeyer, Chair Mike Freeman, P •- em Steve Moreno Minutes, Wednesday, July 10, 2019 Page 7 2019-2597 BC0016 ATT NDANCE LIST 7-/rO NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? PI(lnt -H e `)at h O 30.1-(o4C(P& 64 161 1)toJ m 1 I-ehighSVccae 90 kieva,o tti-told �0i3O Q is ke,r 66S, to? . 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