HomeMy WebLinkAbout20181410.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
May 2, 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, May 2, 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 - EXCUSED
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County
Commissioners meeting of April 30, 2018, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
El AMENDMENTS TO AGENDA: Commissioner Freeman made a motion to remove New Business
2) Consider Contract ID #1772 Work Plan Expenditure Authorization for Apprenticeship USA State
Expansion Grant and authorize Chair to sign and renumber. The motion was seconded by Commissioner
Cozad, and it carried unanimously.
el CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda.
Commissioner Cozad seconded the motion, and it carried unanimously.
PRESENTATIONS:
El 1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES — KATHY TEGTMAN:
Chair Pro -Tern Kirkmeyer read the certificate recognizing Ms. Tegtman for her dedicated service to the
citizens of Weld County. Judy Griego, Director of the Department of Human Services, acknowledged
Ms. Tegtman's contributions to the Department of Human Services, leading the Continuity Operations
Plan and expressed pride in Ms. Tegtman's development of her staff, the management team, and the
legacy she leaves behind. Each Commissioner expressed their appreciation of her strong leadership
skills, calm demeanor and thanked her for serving the residents of Weld County. Ms. Tegtman thanked
the Board for their recognition and expressed appreciation for her opportunities with Weld County. The
Commissioners congratulated her on her retirement and invited her back to serve as a member on Weld
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County's various Boards and Commissions. (Clerk's Note: The Board paused the meeting for a photo
opportunity.)
• PUBLIC INPUT: Bill Gillard, resident of Greeley, referenced a recent article in the newspaper and
expressed his concern regarding the cost of the named investigation and inquired as to the amount of
tax payer money that has been spent. Commissioner Kirkmeyer stated there hasn't been any money
spent on the investigation.
BIDS:
• 1) PRESENT BID #61800087, F5 MAINTENANCE — DEPARTMENT OF INFORMATION
TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, presented the three
(3) bids received and stated staff will bring back a recommendation on May 16, 2018.
• 2) PRESENT BID #B1800095, POLYCOM VIDEO ARRAIGNMENT MAINTENANCE —
DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the two (2) bids received and
stated staff will bring back a recommendation on May 16, 2018.
NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #1752 WORK PLAN EXPENDITURE AUTHORIZATION FOR
SECTORS PARTNERSHIP NATIONAL EMERGENCY GRANT AND AUTHORIZE CHAIR TO SIGN:
Ms. Griego presented the work plan expenditure authorization in the amount of $48,472.00 to increase
the number of participants in the program to 111. Commissioner Freeman moved to approve said work
plan expenditure authorization and authorize the Chair Pro-Tem to sign. The motion was seconded by
Commissioner Cozad, and it carried unanimously.
2) CONSIDER CONTRACT ID #1612 AGREEMENT FOR TRANSPORTATION ALTERNATIVES
PROGRAM FOR SOUTH PLATTE RIVER TRAIL AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT
LUPTON: Ms. Griego reviewed the agreement for funding to allow the Youth Conservation Corps to work
with the Town of Fort Lupton to build an American's with Disabilities Act (ADA) compliant trail which will
begin at State Highway 52, along the South Platte River. Commissioner Conway moved to approve said
agreement and authorize the Chair Pro-Tem to sign. Seconded by Commissioner Cozad, the motion
carried unanimously.
• 3) CONSIDER CONTRACT ID #1668 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - JOSH
AND JENNIFER LONG: Ms. Griego reviewed the details of the contract for Josh and Jennifer Long to
provide foster care services. Commissioner Cozad moved to approve said agreement and authorize the
Chair Pro-Tem to sign. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
• 4) CONSIDER REVISIONS AND ADDITIONS TO, SECTIONS 6.000, COLORADO WORKS AND
CHILD CARE, 2.000 CHILD WELFARE, AND 3.000 ADULT PROTECTION SERVICES OF THE
DEPARTMENT OF HUMAN SERVICES OPERATIONS MANUAL: Ms. Griego presented the policies
which were developed or revised to reflect their current processes, or will further define the Department
of Human Service's activities and responsibilities. She stated staff will submit them to the Colorado
Department of Human Services. They will use the PRIDE program model to assist with training new foster
parents. Commissioner Freeman moved to approve said revisions and additions to the Human Services
Operations Manual. The motion was seconded by Commissioner Conway, and it carried unanimously.
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5) CONSIDER FORM OF AGREEMENT FOR WELD COUNTY CLERK AND RECORDER
ELECTIONS DIVISION FACILITY USAGE AND AUTHORIZE CLERK AND RECORDER TO SIGN:
Rudy Santos, Deputy Clerk and Recorder and Adam Gonzales, Election's Office, presented the form
which will be used by voter services and polling centers to obtain contact information and permanent
usage of the facility. Commissioner Freeman moved to approve said agreement and authorize the Clerk
and Recorder to sign all necessary agreements consistent with said form. The motion was seconded by
Commissioner Cozad, and it carried unanimously.
6) CONSIDER FOUR (4) FORMS OF MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIR TO SIGN
ANY NECESSARY DOCUMENTS: Mr. Santos presented the four (4) forms, which the municipalities,
schools, special districts, and water conservancy districts will use to enter into intergovernmental
agreements. In response to Commissioner Cozad, Mr. Gonzales stated the forms have been reviewed
and approved by the County Attorney's Office. Mr. Santos stated the forms will also cover the County,
for liabilities when coordinating the elections in November, 2018. Commissioner Cozad moved to approve
said forms and authorize the Chair to sign any necessary documents. Seconded by Commissioner
Conway, the motion carried unanimously.
7) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - LARKRIDGE FAMILY
DENTISTRY: Sean McElroy, Assessor's Office, presented the petition for abatement or refund of taxes,
for the facility which was reported as being located within the County, but wasn't in the County until later
in 2017, and had been valued in Adams County for 2017. Commissioner Conway moved to approve said
petition for refund of taxes in the amount of $11,368.98. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
El 8) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF SECTION LINE
COUNTY ROAD RIGHT-OF-WAY - DENNIE KUTCHER, AND FRANCIS HARVEY, C/O LEONARD
HARVEY: Frank Haug, Assistant County Attorney, presented the petition for the vacation of right-of-way
along Lots 1 and 4. He stated staff has received approval from the adjacent landowners to move forward
with the petition, which is right -of way along County Road (CR) 78, between CRs 71 and 73. It is the
entire mile on the south end of the section and is right next to State Highway 392. Mr. Haug explained
Lots 1 and 4 are owned by Francis Harvey, Lot 2 is owned by the Sutton's, and Lot 3 is owned by
Dennie Kutcher. He stated CR 73 has not been constructed; however, there is 30 feet of right-of-way
running north and south and a County maintained road along CR 31. He stated the accesses to the
Recorded Exemption (RE) are off CR 80. Mr. Haug displayed the slides showing the accesses and roads
bordering the 3.36 acres, which are to be vacated. Tiffane Johnson, Department of Public Works, stated
the clip was submitted by Mr. Kutcher which was done by a surveyor. In response to Commissioner
Cozad, Ms. Johnson stated the abandoned railroad right-of-way was converted to CDOT right-of-way.
Bruce Barker, County Attorney, explained the abandoned rail road right-of-way was conveyed to Weld
County in the 1970's to use as the roadway, and in 1992, a portion that was not used as a roadway was
vacated and transferred to the adjacent property owners. eDennie Kutcher, petitioner, stated after
he purchased Lot D, the Sutton's wanted him to consider a petition to vacate and the Harvey's did not
want a roadway on their ranch so they supported the vacation also. There is no access on State
Highway 392, so they use the access on CR 80. No public testimony was offered concerning this matter.
Commissioner Cozad stated because there is no access to State Highway 392, she is in support of the
vacation, and moved to approve said petition and authorize vacation of a portion of CR 78 right-of-way.
Seconded by Commissioner Conway, the motion carried unanimously. Mr. Haug stated this vacation will
not include the 30 feet off CR 71.
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9) CONSIDER APPLICATION TO PUBLIC UTILITIES COMMISSION TO CLOSE EXISTING
CROSSING AT TRACKS OWNED BY UNION PACIFIC RAILROAD COMPANY CROSSING AT CR 2.5
AND AUTHORIZE SUBMITTAL: Don Dunker, Department of Public Works, presented the request from
the Colorado Department of Transportation (CDOT), to close the railroad crossing at CR 2.5, which is
consistent with the U.S. Highway 85 Pel Study and the U.S. Highway 85 Access Control Plan.
Chair Pro-Tem Kirkmeyer clarified this agreement is not to vacate anything yet, but to allow the Public
Utilities Commission (PUC) to close the crossing and since it is a public application, it will take 45 to 60
days. In response to Commissioner Conway, Mr. Dunker stated signage will be placed at the tracks; for
example, a sign will be placed in proximity of the crossing to alert the traveling public. Commissioner
Freeman moved to approve said application and authorize submittal. The motion was seconded by
Commissioner Cozad and it carried unanimously. Commissioner Kirkmeyer suggested that a press
release be sent by Jennifer Finch, Public Information Officer, to allow people to submit comments to the
PUC during the public comment period.
10) CONSIDER APPLICATION TO PUBLIC UTILITIES COMMISSION TO CLOSE CROSSING AT
TRACKS OWNED BY UNION PACIFIC RAILROAD COMPANY AT CR 29 AND TRANSFER VARIOUS
IMPROVEMENTS TO CR 34 CROSSING AND AUTHORIZE SUBMITTAL: Mr. Dunker stated the PUC
public application process will take 45 to 60 days, and upon determination of the PUC process, there will
be public follow-up hearings for the consideration of closures conducted through the vacation process.
Chair Pro-Tem Kirkmeyer stated this will allow the improvements slated for the crossing at CR 29 to be
moved to the railroad crossing at CR 34. Commissioner Cozad moved to approve said application and
authorize submittal. The motion was seconded by Commissioner Conway, and it carried unanimously.
12 11) CONSIDER APPLICATION TO PUBLIC UTILITIES COMMISSION TO CLOSE EXISTING
CROSSING AT TRACKS OWNED BY UNION PACIFIC RAILROAD COMPANY CROSSING AT CR 46
AND AUTHORIZE SUBMITTAL: Mr. Dunker stated this gives CDOT authorization to submit the PUC
application to close the crossing at County Road 46. He stated this is part of the U.S. Highway 85 Access
Control Plan. Commissioner Freeman moved to approve said application and authorize submittal. The
motion, which was seconded by Commissioner Cozad, carried unanimously.
12) CONSIDER APPLICATION TO PUBLIC UTILITIES COMMISSION TO CLOSE EXISTING
CROSSING AT TRACKS OWNED BY UNION PACIFIC RAILROAD COMPANY CROSSING AT CR 72
AND AUTHORIZE SUBMITTAL: Mr. Dunker presented the application to authorize CDOT to submit the
application to the PUC to close the crossing at CR 72, as part of the U.S. Highway 85 Access Control
Plan. Commissioner Freeman moved to approve said application and authorize submittal. The motion
was seconded by Commissioner Conway, and it carried unanimously.
13) CONSIDER APPLICATION TO PUBLIC UTILITIES COMMISSION TO CLOSE EXISTING
CROSSING AT TRACKS OWNED BY UNION PACIFIC RAILROAD COMPANY CROSSING AT CR 104
AND AUTHORIZE SUBMITTAL: Mr. Dunker presented the application to authorize CDOT to submit the
application to the PUC to close the crossing at CR 104, as part of the U.S. Highway 85 Access Control
Plan. Commissioner Cozad moved to approve said application and authorize submittal. The motion,
which was seconded by Commissioner Freeman, carried unanimously. Chair Pro-Tem Kirkmeyer stated
the closures at CRs 29 and 72 will require an amendment to the Access Management Plan and the
coalition members will need to be notified of the closure and the need for the amendments. There will
need to be a two-thirds vote for the change, but this shouldn't be an issue because it is consistent with
the PEL, which is a recent study.
OLD BUSINESS (PLANNING):
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• 1) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL
PLAN FOR CHANGE OF ZONE, PZ-1071, FOR ADLER ESTATES PUD - MEAD CROSSINGS, LLC
(CONT'D FROM 4/18/2018): Kim Ogle, Department of Planning Services, explained this matter was
continued from April 18, 2018, to allow the applicant to be present. He stated this was the eighth request
and the original PUD was approved in 2005. Mr. Ogle stated the final plan application was not submitted
within three (3) years, as required by the Code, and the applicant has not provided staff with current
quarterly updates as required. In response to Commissioner Conway, Mr. Ogle clarified staff has not
received quarterly updates for the past year.
• Fred Kelley, representative of Adler Estates PUD, Mead Crossings, LLC, stated he had some
staffing issues; therefore, the County has not received any quarterly reports. He stated the Town of Mead
was planning on providing water to the site, by building a twelve -inch line that would be within close
proximity to their site. He stated there is a new Town Manager, who reported they are abandoning any
projects to build the water line. He stated Longs Peak Water District is interested and has agreed to
provide water to this project; however, they are unable to provide enough water to the subdivision.
Recently there have been other potential property owners who stated they will need water for their
properties. He stated Longs Peak Water District will be able to contribute to the solution, but it depends
on the costs and finding other property owners to contribute to the water project.
ID Commissioner Cozad stated she did some work on projects which are to be in that area and the
biggest issue is the water supply and the expense to get water service to the area. She stated the Town
of Mead will let the special districts supply the sewer and water. She stated she isn't in agreement with
extending this another year because the Adler Estates Final Plat should have been submitted within three
(3) years. Commissioner Cozad stated she would like to see the correspondence regarding the water
projects with Longs Peak Water District and a timeframe for when a final plat will be submitted. She
explained it would be helpful to see a plan, but understands the challenges of getting water to the area
and there is a need for residential development.
• Mr. Kelley stated the water districts will split their services at County Road 7, unfortunately his
property is split by CR 7 so he could potentially be dealing with two (2) separate water districts on his
property. According to the map, they are in the Longs Peak Water District. In response to Commissioner
Cozad, Mr. Kelley stated if the Town of Mead is the provider for water, they would insist that he annex
into the Town of Mead, but his preference is to stay in Weld County.
El In response to Commissioner Conway, Mr. Ogle stated there were subdivisions in the area which
have been withdrawn or did not move forward. Commissioner Conway stated he is not in agreement with
extending this a year and would like a shorter time -frame. Commissioner Conway recommended Mr.
Kelley get the quarterly updates submitted to Mr. Ogle, because he would like to bring this to a conclusion.
• Chair Pro-Tem Kirkmeyer reported she voted against this extension last year and her personal belief
is that this project will never take place. She stated the letter included from Little Thompson Water District
explains they do not have water lines running in the area. Mr. Ogle stated Longs Peak Water District
wasn't willing to provide any documentation. Mr. Kelley stated he could get a letter from Gary Alan, District
Manager, of Longs Peak Water District, and explained they would need an upgrade to provide water to
the site. They however, are willing and need to provide service to this area. In response,
Commissioner Kirkmeyer stated this will be an expensive project to complete and Longs Peak might want
the developer to pay.
• Mr. Kelley stated there are other owners that would share the cost of $13,000,000.00 to obtain water.
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In response to Chair Pro-Tem Kirkmeyer, Mr. Kelley stated there are 833 lots in his PUD. She stated
when this was approved in 2005, there was a provision included which states there will need to be
adequate provision of services provided to this project. She stated she won't vote for the extension
because Mr. Kelley has not demonstrated the viability of getting water to his project. la Mr. Kelley
stated he will get a letter from the water districts demonstrating they will be able to raise the money and
they will provide water service to the site.
• Mr. Kelley stated he doesn't feel raising money for the water district will be a problem. He believes
there was a letter from the water districts thirteen years ago stating they would provide water service to
the property. eChair Pro-Tem Kirkmeyer stated the first thing that needs to happen is to obtain proof
that Longs Peak Water District can provide water service to the area, and the second is to obtain a letter
stating Mr. Kelley's ability to obtain financing to get the water to the property.
• Commissioner Cozad stated Foster Lake Development lost their Change of Zone, because there
were challenges getting water to the property and didn't request an extension. She would like a letter
from Longs Peak Water District stating they can provide water to the property. She stated she would be
willing to extend this to early August, 2018; however, she would like evidence water is available, feasible
and that the developer is financially capable of building whatever is required for the water project.
• Commissioner Conway suggested having Mr. Kelley submit a monthly update to Mr. Ogle and stated
the Board needs to be more specific on the requirements and what they want from Mr. Kelley and he
agrees to extending this matter to August, 2018.
• Commissioner Cozad stated this has been on -going for thirteen (13) years and rules change and by
extending this, the Board is allowing Mr. Kelley to remain under regulations and rules which were in place
thirteen (13) years ago; however, the rules have probably been changed.
• Bruce Barker, County Attorney, stated, Code Section 27-8-50 which is entitled "Failure to record a
PUD, Final Plan, of the last sentence says, "If the Board determines that the condition supporting the
original approval of the PUD cannot be met, the Board may, after a public hearing, revoke the PUD." In
response to Commissioner Cozad, Mr. Barker stated this is a two (2) step process, they can continue
this matter to early August, 2018, and if the Board decides to revoke the PUD in August at the hearing,
they will have to schedule another hearing to allow time to post a ten (10) day notice.
• Commissioner Cozad moved to grant an extension of time to August 6, 2018, to determine if there
is adequate information to move forward with the PUD, or set a hearing for failure to submit a PUD final
plan. She stated Mr. Kelley will provide monthly updates to the Department of Planning Services, a letter
from Longs Peak Water District stating water is available and feasible to supply water to the development.
Lastly, a letter will be required from Mr. Kelley stating the developer can finance the water project. The
motion was seconded by Commissioiner Conway. 10 Commissioner Cozad stated it is important to
extend more time to Mr. Kelley, but he needs to move forward, since the economy has improved
considerably and this has been on -going for thirteen (13) years.
Commissioner Freeman stated he will support the motion, but after being presented all the evidence, he
does not believe this project is feasible.
• Upon a roll call vote the motion passed three to one with Commissioner Kirkmeyer opposed.
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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.
There being no further business, this meeting was adjourned at 10:27 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dim, w
Weld County Clerk to the Board
BY:
Deputy Clerk to the
40
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Sean P. Conway 464
Julie A. Cozad
Mike Freeman
Minutes, Wednesday, May 2, 2018
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