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HomeMy WebLinkAbout20194844.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, NOVEMBER 25, 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, November 25, 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: Assistant County Attorney, Bob Choate Clerk to the Board, Esther Gesick Controller, Barbara Connolly • MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of November 20, 2019, as printed. Commissioner James seconded the motion, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on November 20, 2019, as follows: 1) 2MJUSR19-08-1660 — Global Asset Recovery, LLC, and 2) USR19-0059 — Gary McCormick, do Oak Leaf Solar 42, LLC. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. • PUBLIC INPUT: No public input was given. -- - WARRANTS: 1) GENERAL WARRANTS - NOVEMBER 22, 2019: Commissioner Freeman moved to approve the General Warrants, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. Minutes, Monday, November 25, 2019 QO/Oco Page 1 2019-4844 BC0016 BIDS: 1) PRESENT AND APPROVE EMERGENCY BID #61900130, CRS 17/54 IRRIGATION PROJECT - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Purchasing Department, stated five (5) bids were received and staff is requesting emergency approval to allow additional time to complete the bonding and insurance to speed up commencement of the project. Commissioner Moreno moved to approve Bid #B1900130 on an emergency basis. Commissioner Freeman seconded the motion, and it carried unanimously. NEW BUSINESS: 1) CONSIDER AMENDMENT #2 TO AGREEMENT FOR SERVICES FOR MOTOR VEHICLE SELF- SERVICE KIOSKS AND AUTHORIZE CHAIR TO SIGN - INTELLECTUAL TECHNOLOGY, INC.: A representative of the Clerk and Recorder's Office was unavailable, therefore, Commissioner Conway moved to continue the matter to Wednesday, November 27, 2019. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 2) CONSIDER THIRTEENTH AMENDMENT TO OFFICE LEASE AGREEMENT (822 7TH STREET, GREELEY) AND AUTHORIZE CHAIR TO SIGN - ANIMAL HEALTH INTERNATIONAL, INC.: Toby Taylor, Director of the Department of Buildings and Grounds, stated this amendment will extend the lease agreement for one year and he reviewed the rates. Commissioner Moreno moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. le 3) CONSIDER CONTRACT ID #3258 APPLICATION FOR ENERGY AND MINERAL IMPACT ASSISTANCE FUND (EIAF) PROGRAM GRANT FOR CR 79 IMPROVEMENT PROJECT (DECEMBER CYCLE -TIER I) AND AUTHORIZE ELECTRONIC SUBMITTAL: Stacey Swanson, Department of Public Works, stated this application is for $200,000.00 in grant funds to assist with a full -depth reconstruction of 2.25 miles of County Road (CR) 79, from CR 136 north to the Wyoming state line. Commissioner Conway moved to approve said application and authorize electronic submittal. The motion was seconded by Commissioner Freeman, and it carried unanimously. ▪ 4) CONSIDER CONTRACT ID #3261 APPLICATION FOR ENERGY AND MINERAL IMPACT ASSISTANCE FUND (EIAF) PROGRAM GRANT FOR FLEET WASH BAY BUILDING PROJECT (DECEMBER CYCLE -TIER II) AND AUTHORIZE ELECTRONIC SUBMITTAL: Ms. Swanson stated this application is for $1 million in grant funds to construct a wash bay for the County's fleet of 773 vehicles and equipment, strategically located in the County business park, between the Fleet and Public Works facilities, near the Sheriff's Office. Commissioner Moreno moved to approve said application and authorize electronic submittal, which was seconded by Commissioner James, and it carried unanimously. • 5) CONSIDER CONTRACT ID #3234 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (COUNTY ROADS 54/17 INTERSECTION PROJECT) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HANKINS FARMS, LLC: Tiffane Johnson, Department of Public Works, described the location of the 160 -acre property, and reviewed the various right-of-way and utility easement acquisitions, for a total compensation amount of $119,800.00. The motion to approve said agreement and authorize the Chair to sign necessary documents was made by Commissioner James, seconded by Commissioner Moreno, and it carried unanimously. 6) CONSIDER CONTRACT ID #3260 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (COUNTY ROADS 54/17 INTERSECTION Minutes, Monday, November 25, 2019 Page 2 2019-4844 BC0016 PROJECT) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - SHARON WIEDEMAN: Ms. Johnson described the location of the property and reviewed the various right-of-way and easement acquisitions and relocations, for a total compensation amount of $85,000.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign any necessary documents. Seconded by Commissioner James, the motion carried unanimously. • 7) CONSIDER CONTRACT ID #3262 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (COUNTY ROADS 54/17 INTERSECTION PROJECT) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - EDWARD KINZER, MARJORIE A. KINZER FAMILY TRUST, AND MARJORIE A. KINZER MARITAL TRUST: Ms. Johnson reviewed the property location, as well as the right-of-way and easement acquisitions and relocations, for a total compensation amount of $26,585.00. Commissioner Conway moved to approve said agreement and authorize the Chair to sign any necessary documents. The motion was seconded by Commissioner Moreno, and it carried unanimously. Commissioner Conway thanked the staff for all their hard work on this project. • 8) CONSIDER TEMPORARY CLOSURE OF CR 78 BETWEEN CRS 27 AND 29: Amy Mutchie, Department of Public Works, requested approval of the temporary closure of CR 78, commencing December 2, 2019, through January 3, 2020, to allow for redeck work on Bridge 78/27B. She noted water will be used for dust control on the detour route. Commissioner James moved to approve said temporary closure. Commissioner Conway seconded the motion, and it carried unanimously. • 9) CONSIDER DIRECTING THE CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 255-B SUPPLEMENTAL APPROPRIATION FOR 2019: Barb Connolly, Controller, explained a notice must be published prior to consideration of an emergency ordinance. Commissioner Moreno moved to approve directing the Clerk to the Board to publish Emergency Ordinance #255-B. Commissioner Freeman seconded the motion, and it carried unanimously. • 10) SECOND READING OF WELD COUNTY CODE ORDINANCE #2019-16, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE (FEES): Commissioner James moved to read Code Ordinance #2019-16 by title only. Commissioner Conway seconded the motion, and it carried unanimously. Bob Choate, Assistant County Attorney, read the title for the record. No public testimony was offered concerning this matter. Commissioner Freeman moved to approve Code Ordinance #2019-16 on Second Reading. Commissioner James seconded the motion, and it carried unanimously. • PLANNING: 1) SECOND READING OF WELD COUNTY CODE ORDINANCE #2019-17, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD COUNTY CODE (JOHNSTOWN): Commissioner Freeman moved to read Code Ordinance #2019-17 by title only. Commissioner Conway seconded the motion, and it carried unanimously. Bob Choate, Assistant County Attorney, read the title for the record. Tom Parko, Director of the Department of Planning Services, stated there have been no changes since the First Reading. No public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2019-17 on Second Reading. Commissioner Moreno seconded the motion, and it carried unanimously. IR 2) CONSIDER ISSUANCE OF BUILDING PERMIT ON AN ILLEGAL PARCEL OF LAND — RONALD WALTER: Mr. Parko provided a brief summary concerning the subject parcel and stated the Willow Creek Annexation into the town of Johnstown left a legal parcel in the County which is Minutes, Monday, November 25, 2019 Page 3 2019-4844 BC0016 non -buildable because it does not meet the minimum lot size of 80 acres. He stated this is a rare circumstance and noted the last action taken by the Board on a similar case was done in 1984. Mr. Parko reviewed the criteria listed in Section 24-10-30.C of the Weld County Code, as well as staff's findings of compliance. Ronald Walter, applicant, stated he has owned the property since 1989, and has farmed in the area for 50 years. He further stated his desire to build a home on their family land within Weld County, confirming he does not intend to annex. Commissioner Freeman agreed with staff's findings and moved to approve the issuance of a Building Permit on the parcel owned by Mr. Walter. Commissioner Conway seconded the motion, and it carried unanimously. ..- -- 3) CONSIDER PROBABLE CAUSE HEARING, PCSC19-0020, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-988 - COUNTY RV STORAGE, LLC: Maxwell Nader, Department of Planning Services, stated the property is permitted by USR-988 for use as a commercial RV storage facility; however, the applicant submitted a revised USR map and constructed a 72 by 96 square -foot building and expressed it was to be utilized for dry storage. Mr. Nader reviewed the history of site inspections, communications, and staff actions concerning the case, and displayed a vicinity map of the site and the surrounding land uses. He stated staff finds the site to be in violation of Development Standards (DS) #1, #18, #20, and #21, due to the substantial change in use without an amendment to the USR. He referenced social media posts promoting the site as an indoor sports training facility. In response to Commissioner Conway, Mr. Nader confirmed that at the time of the building inspection, the permit indicated there was to be no electrical service; however, electrical was subsequently installed. a Eric Disparti, property owner, explained he did not intend for the indoor use to advance to this point, and once he was notified of the violation, he removed the signs and social media posts until the matter is resolved. He stated he was relying upon a General Contractor to ensure compliance with all the permitting requirements. Responding to Commissioner Freeman, Chair Kirkmeyer stated if the Board finds Probable Cause, then the appropriate action would be to schedule a Show Cause hearing, at which time the Board may take action to continue the hearing, revoke the USR permit, or dismiss the matter based on any compliance actions taken by the property owner. Mr. Nader stated he notified Mr. Disparti of the Probable Cause hearing, and he subsequently contacted staff to work on resolving the situation. The Board discussed timing options for scheduling a Show Cause hearing, and Mr. Nader confirmed the existing USR does allow for continued operations of the RV storage. Mr. Dis arti committed to submitting an application for a major amendment to the USR as soon as possible. No public testimony was offered concerning this matter. Following additional discussion concerning the timing of a Show Cause hearing, Commissioner Moreno moved to find Probable Cause concerning DS #1, #18, #20, and #21, and set the Show Cause hearing for Januar 20, 2020, at 9:00 a.m. Seconded by Commissioner Freeman, the motion carried unanimously. IN In response to Clerical staff, the Board clarified that if the amended USR application is proceeding and notices are sent, then a memorandum to the Board would be sufficient evidence to forego the notice of a Show Cause hearing and they could administratively dismiss the matter. 4) CONSIDER DIRECTING THE DEPARTMENT OF PLANNING SERVICES TO ACCEPT AND RECORD USE BY SPECIAL REVIEW MAP, USR16-0041 - HUNT BROTHERS PROPERTIES, INC., C/O ASPHALT SPECIALTIES COMPANY, INC.: Mr. Choate provided a summary of the USR approval, development requirements, and mitigation measures to control stormwater from flowing into the Bull Canal which runs adjacent to the site, and the administrative approval of a Recorded Exemption which relocated the access further to the east, which created a problem since the design is different from what was presented to the Board. He stated the options are either to direct staff to accept and record the plat as amended, or approve a Second Corrected Resolution to update the legal description and access permit number AP19-0199, in which case Commissioners Conway and James would have to be recused because Commissioner Conway was absent from the original hearing and Commissioner James was not yet on the Board. He confirmed legal notice was provided for the various topics to be discussed and Minutes, Monday, November 25, 2019 Page 4 2019-4844 BC0016 explained if the Board approves the Resolution listed as item #4 under Planning New Business (Second Corrected Resolution), then item #1 under Planning Old Business (Direct staff to accept and record) would be dismissed. Fi Chair Kirkmeyer referenced Development Standard #39 of the proposed Second Corrected Resolution and stated she believes there is a third option which would be to require the applicant to go through a full amendment of the USR to be reviewed by both the Planning Commission and Board of Commissioners in public hearings. She noted not all of the Conditions of Approval (COA) and Development Standards (DS) have been completed and the subsequent Recorded Exemption should not have been recorded. She stated, during the public hearing in 2017, the public offered comments with concerns and requested to be bought out or that the access be moved to the east; however, that offer was declined and now the access is directly across from their home. She further stated the public comment regarding landscaping, vehicle counts, dust, berming, acceleration/deceleration lanes, night operations and efforts for mitigation still need to be reviewed and addressed prior to proceeding. In response to Conway expressing concern regarding participating on a matter related to a hearing that he was not part of, Mr. Choate stated he and Mr. Barker discussed this matter at length and they believe Commissioners Conway and James may participate in a motion to direct staff to accept and record the plat. Mr. Choate confirmed he personally sent notice to property owners within 500 feet and those in attendance at the prior hearings. In response to Chair Kirkmeyer concerning DS #39, Mr. Choate explained it is not possible for the Board to amend the permit because technically the permit does not exist, since the conditions have not been finalized and the plat has not been recorded. Commissioner Freeman commented it may be necessary to direct staff to accept and record in order to create a permit, at which time the Board would then have the option of amending or finding Probable Cause since they have designed the site without the mitigating factors put in place by the Board. The Board agreed that because Commissioner Conway was excused from the original hearing and Commissioner James was not yet in office, they should be recused from consideration of item #4. (Clerk's Note: Commissioners Conway and James left the meeting.) In response to Chair Kirkmeyer, Mr. Choate explained if the Board proceeds with option #2 concerning a Seconded Correction Resolution, then they would have the ability to make further revisions to the requirements of the permit because this matter was noticed to the public. Kim Ogle, Department of Planning Services, displayed a PowerPoint presentation (Exhibit A) and reviewed the proposed Landscaping and Screening Plan depicting the plant materials, fencing, and signage. He also displayed diagrams of the off -site improvements related to AP19-0199, including headlight mitigation on the property across County Road (CR) 6. In response to Chair Kirkmeyer, Dawn Anderson, Department of Public Works, reviewed the improvements required through the Improvements Agreement and Access Permit. She also provided the average traffic speed and traffic counts, described the plans for the new round about design at CR 6 and Colorado Boulevard, as well as the eastbound right -turn deceleration lane. MI Jonathan Pray, Attorney, and Steve Ward and Dan Hunt, Asphalt Specialties representatives, displayed a PowerPoint presentation (Exhibit B) addressing the history of the CR 6 access road, design of the new Recorded Exemptions, RECX19-0183 and RECX19-0184, increased speed limit signage, and negotiation of the Improvements Agreement. Mr. Pray displayed photographs of the attempted mitigation for the access alignment across from the Vue property. He noted staffs' proposal for berming and landscaping on the Vue property is new information, but the applicant is willing if the owners are agreeable. He further stated the applicant is willing and able to perform the necessary work, but an additional delay will prevent them from meeting the three-year recording deadline. Lastly, Mr. Pray stated they have already reduced the height of the piles, are maintaining the weeds and the ditch work will be completed this fall when the water is not running. At the request of Chair Kirkmeyer, Mr. Choate provided Minutes, Monday, November 25, 2019 Page 5 2019-4844 BC0016 the file location of the legal notice and certification of mailing. There was also additional discussion concerning placement of the access on a collector roadway and impacts on the neighbors. No public testimony was offered concerning this matter. • Chair Kirkmeyer stated, in August of 2007, she voted in support of the application due to the mitigating measures which were put in place, including buffering, and she inquired whether the applicant was willing to place a covenant on Lot B of RECX16-0183 to ensure it remains in agricultural production, and Mr. Hunt agreed. She commented the new Landscaping Plan also appears to satisfy the mitigation of buffering. She acknowledged an agreement with the Vues would be necessary in order to place a berm with landscaping on their property, and reminded the applicant they must account for the six-foot drop in topography from the road down to the Vue residence. Chair Kirkmeyer recessed the meeting at 11:25 to allow staff to discuss allowable options and for Mr. Pray to confer with the applicant. • Chair Kirkmeyer reconvened the meeting at 11:45 a.m. Ms. Anderson stated the applicant is proposing to offset the access, approximately 1,370 feet west of the Vue driveway to assist with mitigating the impact from truck lights, which would also eliminate the need for mitigating landscaping on the Vue property. El Chair Kirkmeyer referenced Condition of Approval (COA) #1.A and following discussion, the Board agreed to retain the current language. Ms. Anderson stated staff will issue a new access permit number to avoid confusion and the applicant will be required to close the existing access which was permitted in 2016. The Board discussed revisions to the COA and DS, including: amending COA #1.D to clarify that the access road will also be screened and that the Screening Plan includes berming, vinyl fencing and/or six-foot wood fencing; amending the second sentence of COA #1.F to state, "Road maintenance, including dust control, damage repair, specified haul routes, future traffic triggers for improvements, and a proportional share of improvements to the intersection of County Road 6 and County Road 13/Colorado Boulevard will be included."; removing the Access Permit number from COA #1.I.9 since a new number will be assigned; inserting a new COA #1.C to state, "The applicant shall provide a restrictive covenant or similar document demonstrating that Lot B of RECX16-0183 shall be limited to agricultural purposes for the life of the USR permit."; and amending DS #10 to add, "... maintained, in accordance with the approved Landscape and Screening Plan." • In response to Chair Kirkmeyer, Mr. Pray stated they have reviewed, and agreed to abide by, the COA and DS, as amended. • No public testimony was offered regarding the amended COA and DS. ▪ Based on the preceding discussion, Commissioner Freeman moved to dismiss item #4 concerning direction to staff. The motion was seconded by Commissioner Moreno, and it carried with Commissioners Conway and James both recused from the matter. Minutes, Monday, November 25, 2019 Page 6 2019-4844 BC0016 PLANNING OLD BUSINESS: 1) CONSIDER SECOND CORRECTED RESOLUTION FOR USE BY SPECIAL REVIEW PERMIT, USR16-0041 - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES COMPANY, INC.: Based on the testimony concerning the preceding item of business, Commissioner Freeman moved to approve the Second Corrected Resolution, with the amendments to the Conditions of Approval and Development Standards, as previously discussed. The motion was seconded by Commissioner Moreno and passed, with Commissioners Conway and James both recused from the matter. l 2) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - HUNT BROTHERS PROPERTIES, INC.: (Clerk's Note: Commissioner James rejoined the meeting, and Commissioner Conway was excused.) Mr. Choate explained the Board of Commissioners is required by State statute to accept right-of-way, and this Deed of Dedication will allow for completion of required improvements as reflected on the plat. Commissioner Freeman moved to approve acceptance of said Deed of Dedication and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. 3) CONSIDER 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, USR16-0041 - HUNT BROTHERS PROPERTIES, INC., C/O ASPHALT SPECIALTIES COMPANY, INC.: Ms. Anderson stated the Improvements Agreement has been negotiated in accordance with the requirements of the USR, including a proportional share to improve the intersection at CRs 6 and 13 (Colorado Blvd.) and the off -site improvements discussed today. Mr. Pray and Mr. Ward had no further comments. Commissioner Moreno moved to approve said agreement, authorize the Chair to sign, and accept off -site collateral. Seconded by Commissioner James, the motion carried unanimously. The Board expressed their thanks to staff and the applicant for all their efforts to reach a resolution on this matter. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2019-16 and #2019-17 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. Minutes, Monday, November 25, 2019 Page 7 2019-4844 BC0016 There being no further business, this meeting was adjourned at 12:15 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dole/N.) • elat;e1 Weld County Clerk to the Board BY: Deputy Clerk to the Board Barbara Kirkmeyer, hair 3-. Mike Freeman, Pro -Tern EXCUSED DATE OF APPROVAL Sean P. Conway Steve Moreno Minutes, Monday, November 25, 2019 Page 8 2019-4844 BC0016 ATTENDANCE LIST ii 25-11) '`NAI iIE ,-PLEASE PRINT LEGIBLY A[ DRESS (CITY, E ZIP) STATE EMAIL ' CO TIf Ol^ ° RESIDENCE ; SNEAKING% (WN)? .�ov,a`�ha�. ��a �I D / 76- 5 . 2-a (�etAJe � ���r0. @1IrcFs. cow I �ve� p ;\-(8sue jlo6 64c ,4 3w- V)o g'O( W, M'l(n ,rul LzH-k4-. Co j°knn1a parAArm erij, co„., z'e y°^ ►`1 Y i 'F'5laWDa. D1S0a i 212' 141.1-' At 6rt.e(1GO c eVnc ise0... lr cut.certi WGA ( Y C� t\-'A)O- L ' WC-FZ Lids IA SivlrNG Y 14 Q Jn sn , CO m ' Y C)¼\/\ . v 4 lb -.1 owst„c ,tae C ve, a 0 . L.t.tis. 'DA)- A- PAVING • OVERLAYS • PATCHING • EARTHWORK • SEAL COATING • CRACKSEAL • STRIPING ASPHALT SPECIALTIES PHONE (303) 289-8555 • FAX (303) 289-7707 CELL (303) 594-1433 EMAIL stevew@asphaltspecialties.com STEVE WARD HENDERSON, "SOLVING ASPHALT PROBLEMS IS OUR BUSINESS" AGGREGATES CO. 10100 DALLAS ST. CO 80640 Hello