HomeMy WebLinkAbout20182354.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 23, 2018
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 23, 2018, 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 Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of July 18, 2018, as printed. Commissioner Freeman seconded the motion, and
it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on July 18, 2018, as follows: 1) USR18-0032 — Ignacio Cruz, do Centennial Tools
and Services, LLC, 2) USR18-0035 — Tallgrass Terminals, LLC, and 3) USR18-0038 — Brian and Sarah
Carr. Commissioner Freeman seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
BIDS:
1) APPROVE BID #61800100, GR 44 CR 49 ROADWAY WEATHER INFORMATION SYSTEM -
DEPARTMENT OF PUBLIC WORKS (CONT'D FROM 7/9/2018): Rob Turf, Department of Purchasing,
stated the Colorado Department of Transportation (CDOT) has not completed the Disadvantaged
Business Enterprises paperwork; therefore, the Department of Public Works recommends continuing this
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matter. Commissioner Conway moved to continue said matter to July 30, 2018. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
El 2) PRESENT BID #B1800129, MISSILE SITE CONCRETE REPAIRS - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Turf presented the sole bid received and stated staff will bring back a
recommendation on August 6, 2018. He stated 58 vendors downloaded the specifications, of that, five
(5) vendors attended the mandatory pre -bid meeting and one supplier did not attend the pre -bid meeting
so their bid was rejected.
NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #1951 AGREEMENT FOR USE OF FACILITIES AND AUTHORIZE
CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Karin McDougal, Assistant County
Attorney, presented the agreement with the University of Northern Colorado to use their Campus
Recreation facilities. She stated the Youth Conservation Corps is purchasing a four (4) -hour adventure -
based educational, team -building course. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer and it carried
unanimously.
• 2) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — TAYLOR GLENN: Commissioner Conway moved to approve said appointment of Deputy
District Attorney, Taylor Glenn, and authorize the Chair to sign. Seconded by Commissioner Freeman,
the motion carried unanimously.
El 3) CONSIDER TEMPORARY CLOSURE OF CR 41 BETWEEN CRS 76 AND 78: Amy Joseph,
Department of Public Works, presented the closure effective July 31, 2018, through August 3, 2018, to
replace an irrigation culvert. She stated staff will use water for dust abatement along the detour route.
Commissioner Freeman moved to approve said temporary closure. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
el 4) CONSIDER TEMPORARY CLOSURE OF CR 41 BETWEEN CR 80 AND STATE HIGHWAY 14:
Ms. Joseph reviewed the details of the temporary closure effective July 24, 2018, through July 27, 2018,
to replace an irrigation culvert. She stated staff will use water for dust abatement on the gravel detour
route. Commissioner Kirkmeyer moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 380 BETWEEN CRS 65 AND 67: Ms. Joseph
presented the temporary closure beginning August 6, 2018, through August 10, 2018, to repair a bridge.
Commissioner Freeman moved to approve said temporary closure. The motion was seconded by
Commissioner Conway, and it carried unanimously.
• 6) CONSIDER TEMPORARY CLOSURE OF CR 76 BETWEEN CRS 43 AND 45: Ms. Joseph
presented the temporary closure effective August 13, 2018, through September 7, 2018, to repair a
bridge. She stated water will be used for dust abatement, as needed. Commissioner Freeman moved to
approve said temporary closure. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
• 7) SECOND READING OF WELD COUNTY CODE ORDINANCE #2018-06, IN THE MATTER OF
REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 9 INFORMATION SERVICES -
ARTICLE I (WELD COUNTY IT ACCEPTABLE USE POLICY), OF THE WELD COUNTY CODE:
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Commissioner Kirkmeyer moved to read Code Ordinance #2018-06 by title only. Seconded by
Commissioner Conway, the motion carried unanimously. Bruce Barker, County Attorney, read the title
for the record. Ryan Rose, Director of the Department of Information Technology, stated no changes
have been made since the first reading. No public input was offered concerning this matter.
Commissioner Kirkmeyer moved to approve Code Ordinance #2018-06 on second reading. The motion,
which was seconded by Commissioner Freeman, carried unanimously.
8) CONSIDER REPORT FROM AD -HOC HOME RULE CHARTER AMENDMENT STUDY
COMMITTEE: Jackie Johnson, Chair of the Ad -Hoc Home Rule Charter Amendment Study Committee,
Garrett Varra-resident of La Salle, Sam Gluck -resident of La Salle, Al Dominguez -resident of Windsor,
Mark Lawley-resident of Eaton, Dave Kisker-resident of Johnstown, James Welch -resident of La Salle,
Ray Patch -resident of Greeley, and Justus Petitt-resident of Pierce, were present to discuss the report.
She stated the committee felt it was important to have a transparent process, so individuals could provide
input in an unstructured way. She stated they held six (6) community meetings throughout the County
and posted the meeting information on the website; however, they had less than 25 people at the
meetings. 12 Ms. Johnson presented a PowerPoint presentation of the recommended changes to the
Home Rule Charter. She referenced the house -keeping measures first, briefly addressing each ballot
question. She explained adding Subsection 6-5(5) would disallow convicted felons from being elected or
appointed to a County office. In response to Commissioner Kirkmeyer, Ms. Johnson explained there was
also discussion concerning if someone who committed a felony and did their time should be eligible to
be elected to an official County office. Mr. Dominguez stated the integrity of the office could be in jeopardy
if a convicted felon were elected; however, if someone serves their time after being convicted of a felony,
they should be integrated back into society. He stated the committee discussed which type of felonies
would be allowable for an elected official. Mr. Barker stated there is no provision in State statute,
nor the Constitution, which prohibits a person convicted of felonies from serving as an elected official. He
further stated 85 percent of the charters in Colorado had a similar provision. In response to Commissioner
Kirkmeyer, Mr. Barker clarified the statute states an individual cannot be a registered elector until they
serves thier time. In response to Commissioner Freeman, Mr. Barker stated the Clerk and Recorder
would be responsible to confirm whether an individual is a registered elector and the County would need
to ensure the individual is qualified to serve. In response to Commissioner Kirkmeyer, Mr. Barker
stated the Board of County Commissioners would be responsible for the background check of individuals
running for office. In response to Commissioner Conway, Mr. Barker confirmed convicted felons are
excluded from several activities and stated there are several counties that do not have this provision.
El Mr. Patch stated he has concerns with a convicted felon serving as an official for the County.
Mr. Kisker stated certain offenses can be pardoned, and this is a recommendation to be considered by
the Board to let the voters decide. Mr. Dominguez inquired how will the Commissioners discover if
someone running for office has a felony on their record? He suggested more research should be done to
see the differences between expungement and pardons; the issue would be how to enforce the provision.
Mr. Gluck stated he wants someone with a strong character to lead the County and serve in a
leadership position. Mr. Dominguez suggested limiting the type of felony.
Ms. Johnson continued, stating Section 10-6 is recommended to be deleted from the Charter as it
is outdated. In response to Commissioner Kirkmeyer, Ms. Johnson stated Section 16-6 was proposed to
allow for more public input while removing the requirement for contracts to be approved by ordinance.
Mr. Barker clarified how the notices would be addressed for certain projects, which are over $2.5 million.
Mr. Dominguez stated it is more of a transparency issue and not an efficiency issue. Mr. Kisker stated
there was a discussion to have the publication thereshold as low as $100,000.00 and this was the
compromise to address public comment. Mr. Barker stated there would need to be two (2) notices, ten
(10) days apart, but only one hearing. Mr. Barker stated Emergency Ordinances were not included in the
discussion. Ms. Johnson stated Section 17-3 proposes a recodification provision. Ms. Johnson extended
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her appreciation of the support received from staff, including the minutes prepared by Esther Gesick,
Clerk to the Board and the responsiveness and counsel of Mr. Barker, as well as Jennifer Finch, PIO,
and Karla Ford. Chair Moreno thanked the committee members for their time, commitment, and hard
work on this. Commissioner Conway expressed his appreciation of the committee members for their hard
work on the Charter amendment. Ms. Johnson stated all the members are willing to assist in preparation
of listing the Pros and Cons for the ballot. Commissioner Freeman expressed his appreciation for the
thoughtful dedication to researching the Charter. Commissioner Kirkmeyer stated they had to become
scholars of the Charter and thanked Ms. Johnson for being the Chair of the committee. Mr. Barker stated
the next step is for the Board to consider the issues brought up by the committee. He stated there doesn't
need to be a vote on the presentation.
HEALTH OLD BUSINESS:
O2 1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
DENO'S 1-76 RESTAURANT AND LOUNGE (CONT'D FROM 7/9/2018): Gabri Vergara, Department of
Public Health and Environment, stated management has received training and an inspection has been
completed by staff; however, there were a few violations during the inspection, including a cold -holding
and a minor cooling violation. She stated Darlene Chernotan, restaurant manager, has completed her
Serve Safe manager training. Ms. Vergara stated staff will do another inspection to ensure that
compliance is being maintained. Steven Chevalier, Food Safety Consultant, stated the operator, manager
and staff were receptive to his suggestions and there has been improvement. Lorenzo Garcia, owner,
stated he hopes his current staff stays at the restaurant, he believes the cooling system is working better,
and this is a new start for his restaurant. Mr. Barker stated the motion is to dismiss conditional upon the
Department of Public Health and Environment's inspection. Commissioner Kirkmeyer moved to dismiss
matter contingent on a successful inspection by the Department of Public Health and Environment, which
was seconded by Commissioner Conway. Commissioner Kirkmeyer thanked everyone for their hard work
to resolve this matter. Mr. Lorenzo requested he would like the inspection time to be changed to earlier
in the day or later, because this the only restaurant in the area and it is hard for the manager to take care
of customers and complete the inspection during the lunch hour. There being no further discussion the
motion carried unanimously. Mr. Chevalier stated the operator is requesting this change, so they can
spend time with the inspector to address any concerns.
PLANNING:
1) CONSIDER IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT, PUDF18-0002 - PANORAMA
ESTATES, LLC: Evan Pinkham, Department of Public Works, presented the request to accept collateral
in the form of a bond from North American Specialty Insurance Company for $539,178.50 and approve
the improvements agreement. In response to Commissioner Kirkmeyer, Mr. Pinkham stated the PUD is
in compliance with the Development Standards set by the Board. Commissioner Kirkmeyer moved to
approve said improvements and road maintenance agreement, accept said collateral and authorize the
Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
2) CONSIDER SECOND READING OF WELD COUNTY CODE ORDINANCE #2018-07, IN THE
MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 19 COORDINATED
PLANNING AGREEMENTS (EVANS), OF THE WELD COUNTY CODE: Commissioner Freeman moved
to read Code Ordinance 2018-07 by title only. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously. Mr. Barker read the title for the record. Tom Parko, Director of the Department
of Planning Services, stated there have been no changes made since the first reading. No public input
was offered concerning this matter. Commissioner Kirkmeyer moved to approve Code Ordinance
#2018-07 on second reading. Seconded by Commissioner Conway, the motion carried unanimously.
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3) CONSIDER RECORDED EXEMPTION, RECX18-0058 - JOHN AND JILL SHONKA:
Michael Hall, Department of Planning Services, reviewed the request for a two -lot Recorded Exemption
on Lot B, which is located in the three (3) mile referral area of the Towns of Windsor, Severance,
Timmnath, as well as Larimer County. He presented slides giving details of the location of the Recorded
Exemption, and stated this would be the third Recorded Exemption on this property. He explained the
property owners want to split the lot and gift this to a family member and continue to farm the 15 -acres.
John Shonka, applicant, stated they had future plans to build their dream home on the lot and he is
willing to adjust the size of Lot A to one acre to be in compliance. In response to Commissioner Conway,
Mr. Shonka stated the intention is that they will retire there and continue to farm but he hasn't decided
what they will farm. In response to Commissioner Kirkmeyer, Mr. Shonka stated they are awaiting
approval before building their home. 0 Commissioner Freeman stated he is in support of the Recorded
Exemption if the smaller Lot is adjusted to one (1) acre. Commissioner Kirkmeyer stated the leach field
should be located within the one acre boundary the lots and will share one (1) access point.
Commissioner Kirkmeyer stated she will support the Recorded Exemption and Lot A must be one (1)
acre, or larger. 0 Commissioner Conway moved approved Recorded Exemption, RECX18-0058, and
amended the Resolution to require Lot A will be at least one (1) acre. Seconded by
Commissioner Freeman, the motion carried unanimously.
4) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT FOR, RECORDED EXEMPTION, RECX17-0221 - ANDREA HALL AND
JONATHON SCHIESTEL: Dawn Anderson, Department of Public Works, stated staff received a request
for a residential access permit onto County Road (CR) 33, for Lot B of Recorded Exemption,
RECX17-0021. She pointed out the location of the requested access and stated a condition for the
approved Recorded Exemption (RE) plat was to have the unapproved access closed. Ms. Anderson
pointed to the recommended access point, which is further south from the proposed access. She stated
she received a hardship letter from the appellant stating if the access were required to be located off the
non -maintained County road, it would create a financial hardship. 0 Andrea Hall, appellant, stated the
RE was already in process when she purchased the property. She stated it will impact her if she has to
enter the property on CR 80, and if the access point is located where the Department of Public Works is
proposing, it will impact their livelihood, because they would have to drive through the middle of the hay
field. In response to Commissioner Kirkmeyer, Ms. Hall pointed out the suggested access point will not
impact people traveling on CR 33. Commissioner Kirkmeyer stated she supports having an access point
on CR 33 at a safe location. In response to Commissioner Conway, Angela Snyder, Department of
Planning Services, clarified the recommended access would be 330 feet from the access point of the
closest driveway, so it won't be located in the irrigation pivot area. Jonathon Schiestel, property owner,
clarified the access will be on CR 33. Ms. Hall stated there needs to be a distance of 230 feet from the
neighbor's driveway. Commissioner Kirkmeyer stated she doesn't want a specific measurement in the
Resolution. Commissioner Conway stated the access point needs to be practical.
Commissioner Freeman moved to grant the appeal and approve the access point on CR 33 at the
southernmost point which is practical, that will not impede farming operations, and to reference the plat
receirded at Reception #4392099 to correct the access placement. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2018-06 and 2018-07 were 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, July 23, 2018
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There being no further business, this meeting was adjourned at 10:57 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattio
Weld County Clerk to the Board
BY:
puty Clrk to • e Boar
/L -z .,. 2 C -,
Steve Moreno, Chair
arbara Kirkmeyer, P o-Tem
n P. Conway
CUSED
'
'�w Ent yy
�,�: r lie A. Cozad
Mike Freeman
Minutes, July 23, 2018
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2018-2354
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