HomeMy WebLinkAbout20194522.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 16, 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, October 16, 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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 14, 2019, as printed. Commissioner James seconded the motion,
and it carried unanimously.
IP AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner James moved to remove item #3 from the Resolutions listed
on the Consent Agenda and add it to the regular Agenda as item #1 under Planning. The motion was
seconded by Commissioner Conway, and it carried unanimously.
PUBLIC INPUT: No public input was given.
WARRANTS:
1) GENERAL WARRANTS-OCTOBER 11, AND 15, 2019: Commissioner Freeman moved to approve
the General Warrants, as printed. Commissioner Moreno seconded the motion, and it carried
unanimously.
BIDS:
1) PRESENT BID #61900131, INMATE MEDICAL SERVICES - SHERIFF'S OFFICE: Rob Turf,
Purchasing Department, presented the seven (7) bids received. He stated staff will bring back a
recommendation for approval on October 30, 2019.
Minutes, Wednesday, October 16, 2019 2019-4522
I 1/O5 Page 1 BC0016
• NEW BUSINESS:
1) CONSIDER APPLICATION FORA TRANSFER OF OWNERSHIP FROM RINN VALLEY, LLLP, DBA
RINN VALLEY RESTAURANT AND TAVERN, TO COL-BARB, LLC, DBA MAGGI'S KITCHEN, FOR A
HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE, AND AUTHORIZE CHAIR TO SIGN: Bob
Choate, Assistant County Attorney, stated the Board previously granted a Temporary Permit on
September 4, 2019, pending completion of the transfer application. He explained since there is no
change to the location or the premises, the Board does not need to make any findings concerning the
needs of the neighborhood; however, they do need to consider the good moral character of the applicant.
He stated a referral was sent to the Sheriff's Office and a background check was conducted, with no
concerns reported. Carol Parker, applicant, was present to answer any questions. Commissioner
Freeman moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
2) CONSIDER RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY)
LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES FROM RNR, LLC, DBA MCCARTY'S AT
EATON CC, AND AUTHORIZE CHAIR TO SIGN: Mr. Choate stated no concerns were received through
the referral process and staff recommends approval. Commissioner Conway moved to approve said
renewal application and authorize the Chair to sign. The motion, which was seconded by Commissioner
Moreno, carried unanimously.
• 3) CONSIDER FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO C.R.S.
§38-1-101, AGAINST HEIN FAMILY, LLP: Karin McDougal, Assistant County Attorney, stated staff has
been negotiating with the property owner; however, they have been unable to reach an agreement,
therefore, she requested permission for the County Attorney's Office to file proceedings in Eminent
Domain against the Hein Family, LLP. She recommended $55,000.00 be held in the court registry, which
was determined to be a fair amount for the property at this time. In response to Commissioner Conway,
Ms. McDougal confirmed the property owner was initially offered a Possession and Use Agreement,
which was declined, and although the property owner has an appraiser, they have not provided an
appraisal to the County. She explained the purpose of this action is to allow continued dialogue with the
property owner. Chair Kirkmeyer confirmed neither the property owner, nor a representative, were
present to discuss the matter. Commissioner Freeman moved to authorize the Filing of Proceedings in
Eminent Domain, finding it was necessary to proceed with this process to ensure the construction project
stays on schedule as a necessity to ensure the health, safety and welfare of the citizens of Weld County,
Colorado. The motion was seconded by Commissioner Moreno, and it carried unanimously.
• 4) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 22 AND 24: Amy Mutchie,
Department of Public Works, stated this closure is on behalf of Xcel Energy, beginning October 18, 2019,
through November 17, 2019, to replace a gas service main to provide adequate service in the area.
Responding to Chair Kirkmeyer, Ms. Mutchie described the detour route, stated they have notified the
Town of Firestone, and confirmed the gravel roads have already been treated with magnesium chloride
to control dust. Chair Kirkmeyer expressed concern with the timing during harvest and requested the
closure be postponed for one month, until November 12, 2019. Commissioner Conway moved to amend
the Resolution to delay the start of the closure until November 12, 2019, to avoid disrupting harvest
routes. Commissioner Freeman seconded the motion, which carried unanimously. Commissioner
Conway moved to approve the amended Resolution for said temporary closure. Commissioner James
seconded the motion, which carried unanimously.
Minutes, Wednesday, October 16, 2019 2019-4522
Page 2 BC0016
le
5) CONSIDER CONTRACT ID #3179 INTERGOVERNMENTAL AGREEMENT FOR CROSSING
OF UNION PACIFIC RAILROAD COMPANY (UPRR) TRACKS ADJACENT TO CR 30 AND U.S.
HWY 85 AND AUTHORIZE CHAIR TO SIGN — TOWN OF PLATTEVILLE: Elizabeth Relford, Deputy
Director of the Department of Public Works, stated this Intergovernmental Agreement(IGA)was executed
by the Town of Platteville on October 1, 2019, and she explained a separate IGA with the Union Pacific
Railroad was previously finalized in January regarding various railroad crossing closures along
U.S. Highway 85. She stated the Town of Platteville will close the crossings within its jurisdiction utilizing
CDOT funds which will pass through the County, and the Town will also submit the closure application to
the Public Utilities Commission (PUC). Chair Kirkmeyer commented she attended the town meeting and
discussed the closures, at which time there were only two individuals in the audience who had questions.
She stated they inquired concerning how the funds, in the amount of $1 million, will be used to ensure
connectivity on the east side of the tracks between County Roads (CR) 30 and 32. Responding to
Commissioner Conway, Ms. Relford reiterated the Town of Platteville, through CDOT, will submit the
application to the PUC. Commissioner Moreno moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner James, carried unanimously.
6) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT APPLICATION FOR LOT A OF RECORDED EXEMPTION, RECX16-0118 -
ROMULO SALVADOR ROBLES MARTINEZ: Dawn Anderson, Department of Public Works, stated the
residential access permit application was submitted in May, 2019, in connection with a Four-Lot Recorded
Exemption, REXC16-0118, which was recorded on December 7, 2016. She provided a brief description
of the location of the site, and stated the plat shows Lot A with a shared, non-exclusive utility and access
easement and a note indicating the existing access was to be closed by March 15, 2017. She stated
AP16-00354 was originally granted to SB Farms and it specified to: 1) utilize the residential access on
County Road (CR) 39, 2) close and reclaim the existing northern access, south of CR 50, and 3) that no
future access points were to be granted. Ms. Anderson noted that since Mr. Robles purchased the site,
he has been approved for a USR granting a second single family dwelling and Public Works did grant
AP18-00192, approved March 28, 2018, which also indicated a shared access, with the second existing
access south of Taylor Avenue to be closed and reclaimed (it references the same access just measured
from two different cross roads). Ms. Anderson reviewed the Code criteria which limits recorded
exemption lots to one access point, which is also identified on the approved plat. She referenced
Exhibit B concerning the variance request citing reasons of easier mailbox placement and improved
access for trash trucks and emergency services, reviewed the average daily traffic (ADT) count, and
displayed photographs documenting that sight distance is not a concern. She stated staff is
recommending denial based on the previous approvals which required closure and reclamation of the
second access, as well as the Code requirement which limits the lot to one access. Chair Kirkmeyer
questioned why the property owner had not closed and reclaimed the northern access in accordance with
the notes on the plat and the original access permit, and whether there was any recourse. Bruce Barker,
County Attorney, stated since the note is on both access permits, they can be revoked since the condition
was never met.
lo Salvador Robles, appellant, stated his appeal and request for the northern access to remain is to
allow better placement for the mailbox and provide an easier access for trash pickup and propane
deliveries. Responding to Commissioner Freeman, Tom Parko, Director of the Department of Planning
Services, clarified the second residence was granted through a Zoning Permit for a Second Dwelling for
family, which was conditionally approved in May, 2019; however, they put a hold on the final Certificate
of Occupancy (CO) due to this access issue. In response to Commissioner Conway, Mr. Robles
reiterated his request is based on easier access for utility services. Responding to Chair Kirkmeyer, staff
clarified the original home is occupied by the appellant's father on the south side of the lot, near the
original access, and a temporary CO was issued for the mobile home located on the north where Mr.
Minutes, Wednesday, October 16, 2019 2019-4522
Page 3 BC0016
Robles currently resides. Responding further to Chair Kirkmeyer, Ms. Anderson confirmed the northern
access has not been closed or properly reclaimed, nor has the appellant been using it.
Chair Kirkmeyer stated she supports denial of the appeal, finding that the ease of access for utility
services is not sufficient reason to allow a second access on a roadway with high traffic and truck
volumes. She stated the closure was clearly required as part of the Recorded Exemption plat and original
access, and it does not meet the requirement of an emergency need. Commissioners Moreno, James
and Freeman concurred. Commissioner Moreno moved to deny the appeal and affirm the decision of
the Department of Public Works to deny the access permit. The motion was seconded by Commissioner
James. Commissioner Conway commented he is typically in support of granting appeals where there is
not a sight distance concern; however, in this case, the average daily traffic count is a concern, the shared
access and direction to close the northern access was clearly stated on the Recorded Exemption plat,
and the appellant has not demonstrated a hardship. There being no further discussion, the motion carried
unanimously.
e PLANNING:
1) CONSIDER APPROVAL OF AMENDED PUD FINAL PLAN, PUDF19-0004 - RUSSELL COBURN,
LLC: Mr. Barker stated the intent behind Condition of Approval (COA) #1.F was to give the applicant a
path forward; however, the method is not feasible, therefore, he proposed modified language for COA
#1.E and #1.F. He stated there are two parts to the situation dealing with Mr. Coburn's application, as
well as the drainage violation for the overall development. He stated he and Commissioner James
attended a community meeting on Monday evening and found the Homeowners' Association (HOA) has
been working diligently to enter into a contract to complete the necessary drainage work, which they
intend to complete within 60 days, pending inclement weather, to get the drainage ponds up to the
requisite holding capacity. Mr. Barker recommended the Board continue this matter to allow additional
time for staff to work with the applicant and the HOA, which has been in contact with the original
developer, to provide notice and prepare finalized language to properly address the situation. In
response to Chair Kirkmeyer, Mr. Barker stated formal notice and public comment is not required because
the new language will not change the intent of correcting the drainage violation, rather, it will remove the
requirement for an Improvements Agreement and simply cite the improvements which must be completed
by 2020. He stated the continuance will allow adequate time to notify the applicant and for the HOA to
submit the necessary documentation to the Department of Public Works. Commissioner James moved
to set this matter for reconsideration on Wednesday, October 23, 2019, at 9:00 a.m. The motion was
seconded by Commissioner Conway, and it carried unanimously. Chair Kirkmeyer thanked the County
Attorney and Commissioner James for attending the neighborhood meeting and for finding a solution to
ensure the drainage issues are resolved.
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.
Minutes, Wednesday, October 16, 2019 2019-4522
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, Wednesday, October 16, 2019 2019-4522
Page 5 BC0016
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