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Home My WebLink About20181057.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 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, April 2, 2018, at the hour of 9:00 a.m. El 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 -Tern 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 March 28, 2018, as printed. Commissioner Conway seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on March 28, 2018, as follows: 1) USR17-0060 — Justin Hersh, 2) USR17-0074 — Wes Moser, Inc., do Discovery Midstream Partners, and 3) USR17-0078 — Kenneth and Edna Lange, do Discovery DJ Services, LLC. Commissioner Conway seconded the motion, which carried unanimously. IR 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. PROCLAMATIONS: El 1) NATIONAL SERVICE RECOGNITION DAY - APRIL 3, 2018: Chair Moreno read the proclamation declaring April 3, 2018, as National Service Recognition Day. Hannah Hostak, representative of Weld County United Way, stated the Americorps VISTA Program has been in place since 2007. She expressed her appreciation to all participants for their commitment, dedication and patriotism by making an intensive commitment to service. She stated volunteers have assisted in raising over $4 million dollars and thanked the Board for recognizing the Americorps VISTA members. Each Minutes, April 2, 2018 Page 1 2018-1057 BC0016 Commissioner thanked Americorps for all they do out in the community and their assistance to United Way programs and all the different organizations the volunteers assist. (Clerk's Note: The meeting was paused for a photo opportunity.) PRESENTATIONS: 1) RECOGNITION OF SERVICES, PURCHASING DEPARTMENT - MARCIA WALTERS: Chair Moreno read the certificate for the record, recognizing Ms. Walters for her dedicated service to Weld County citizens. Barb Connolly, Controller, presented a plaque and pin to Ms. Walters in recognition of her thirty (30) years of service. Rob Turf, Department of Purchasing, expressed his appreciation for the time he could work with Ms. Walters and everything she taught him. Rose Everett, Department of Purchasing, stated she appreciates the opportunity she had to work with Ms. Walters and that she will be missed. Ms. Walters stated she feels very blessed to have worked at Weld County. Chair Moreno wished her well in her retirement, thanked her for her service to Weld County, and presented her with a card. Each Commissioner expressed their appreciation for her outstanding service to Weld County and stated she will be missed. (Clerk's Note: The meeting was paused for a photo opportunity.) Bruce Barker, County Attorney, stated he enjoyed working with Ms. Walters and wished her the best of luck in her retirement. PUBLIC INPUT: Cody LeBlanc, area representative for Congressman Ken Buck, presented a brief update on one of Congressman Buck's House Bill 4465, which overwhelmingly passed the House, the Endangered Fish Recovery Program's Extension Act which is to protect fish species while ensuring the State's precious water can still be used for recreational use, agriculture and drinking. The legislation is important since Weld County uses a large portion of Colorado's water resources. Commissioner Conway thanked Mr. LeBlanc for his report and stated this is a very important project. NEW BUSINESS: 1) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR DEMOLITION OF CR 53 DAIRY BARN - AGRITRACK, INC.: Toby Taylor, Director of the Department of Buildings and Grounds, presented the agreement for the demolition of a barn that needs to be completed for County Road 53 project. He stated staff recommends awarding the informal bid to Agritrack, Inc. Commissioner Conway moved to approve said agreement and authorize Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. 2) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - ANA M. LUCERO, DBA POLLO FELIZ: Bob Choate, Assistant County Attorney, reviewed the renewal application and noted there are no concerns currently, except that last year the State suspended the applicant's license for thirty (30) days for selling beer after their license expired. At the time, the Board required Ms. Lucero and her employees to complete the Responsible Vendor Training but no confirmation has been received by staff that this has been completed. Mr. Choate reported the applicant is not present. In response to Commissioner Conway, Mr. Choate suggested this matter be continued so compliance of the requirements of the renewal in August can be determined. Commissioner Kirkmeyer moved to continue this matter to April 9, 2018, to allow the applicant to complete the training. Seconded by Commissioner Conway, the motion carried unanimously. ez 3) CONSIDER TEMPORARY PERMIT FOR A TAVERN (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB: Mr. Choate stated the next two (2) items are related. He advised and reviewed there is an application for transfer of ownership for the Tavern license and there are no concerns with the issuance of a Temporary Permit. Bob Dill, attorney and representative of applicant, stated the applicants are asking Minutes, April 2, 2018 Page 2 2018-1057 BC0016 the Board to issue a temporary permit. He explained they completely remodeled, and believe they are following all County regulations, concerning health and safety. Lucia Felix, applicant, stated she has put all her employees through TIPS training. Commissioner Conway moved to grant said temporary permit and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. 4) CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON -SITE INSPECTION, AND SETTING THE HEARING DATE CONCERNING THE APPLICATION - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB: Mr. Choate reviewed the procedure for setting a date for a hearing for the Board to consider the transfer of ownership. Mr. Choate explained to the Board the reason this looks like a new application, is because the new owners have done major renovations. He stated there are no concerns. Commissioner Kirkmeyer moved to set the hearing for April 18, 2018, and to designate Commissioner Cozad to make the on -site inspection and stated she, Commissioner Kirkmeyer, will serve as the alternate. The motion was seconded by Commissioner Conway, and it carried unanimously. 5) CONSIDER 2017 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) APPLICATION AND AUTHORIZE ELECTRONIC SUBMITTAL: Jennifer Oftelie, Sheriff's Office, presented the application to the Federal Government, for the State Criminal Assistance Program (SCAAP) Grant funds, which are used to offset the costs incurred by housing illegal aliens in jails and prisons. Commissioner Conway moved to approve said application and authorize electronic submittal. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 6) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE ENTRY POINTS TO WATTENBERG SUBDIVISION: Cameron Parrott, Department of Public Works, reviewed the proposal to install weight restriction signs at the entry points to the Wattenberg Subdivision. He stated the restriction will allow school busses, and trash trucks to enter the subdivision and will protect shallow water lines within the subdivision. In response to Commissioner Kirkmeyer, Mr. Parrott stated he wasn't aware of previous weight restriction signs in the subdivision and the seven (7) ton weight limit was requested by the Public Works operations group. Commissioner Kirkmeyer moved to approve said installation of traffic control devices. The motion, which was seconded by Commissioner Conway, carried unanimously. IR 7) CONSIDER STIPULATION OF MINERAL INTEREST AND AUTHORIZE CHAIR TO SIGN - DPG FARMS, LLC: Mr. Choate presented the Stipulation of Mineral Interest. He explained PDC Energy, LLC, is attempting to lease the minerals under the DPG Farms, LLC, property. The County condemned 19 acres of the property for the Weld County Parkway; however, the County did not obtain any mineral interests. PDC Energy, LLC, would like the County to sign a stipulation stating they did not receive any mineral interests as a result of the condemnation. Commissioner Freeman moved to approve said stipulation and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. 8) FINAL READING OF CODE ORDINANCE #2018-02, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS (NATIONAL ELECTRICAL CODE), OF THE WELD COUNTY CODE (CONT'D FROM 3/26/2018): Commissioner Kirkmeyer moved to read Code Ordinance #2018-02 by title only. The motion was seconded by Commissioner Conway, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Jose Gonzalez, Department of Building Inspections, stated this is the final reading and no changes have occurred since Second Reading. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve on Final Reading. Seconded by Commissioner Freeman, the motion carried unanimously. Minutes, April 2, 2018 Page 3 2018-1057 BC0016 PLANNING: 1) CONSIDER AND ACCEPT REPLACEMENT ROAD MAINTENANCE COLLATERAL REGARDING USE BY SPECIAL REVIEW PERMIT, USR-1767 - KONIG AG COMPANY: Evan Pinkham, Department of Public Works, stated the termination date on the letter of credit was approaching and staff requested that Konig Ag Company submit a new form of collateral. He stated staff received a check for $1,500.00, to replace the letter of credit. In reponse to Commissioner Freeman, Mr. Pinkham reported the collateral is used for road maintenance and the original improvements agreement was approved in 2002. Commissioner Kirkmeyer clarified the collateral is for the maintenance of the road for a gravel mining operation. Elizabeth Relford, Department of Public Works, clarified the road maintenance collateral is different then the collateral for on -site improvements and this collateral is never intended to be given back to the applicant, but is to assist with the County's road maintenance. Commissioner Kirkmeyer stated she would like to continue this matter to address the policy in a work session. Commissioner Kirkmeyer moved to continue said matter to May 7, 2018. The motion was seconded by Commissioner Conway, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2018-02 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 9:53 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dadfult) ;eA Weld County Clerk to the Board BY: f: -.4111A -Q1 Deputy Clerk to the Board Steve Moreno, Chair rbara Kirkme &i Pro-Tem Sean P. Conway CUSED ike Freeman • Minutes, April 2, 2018 Page 4 2018-1057 BC0016 ATTENDANCE LIST ADDRESS, CITY, ST, ZIP EMAIL COUNTY RESIDENCE? OF SPEAKING? (Y / N) NAME - PLEASE PRINT LEGIBLY Li o )7 Ll.., blat(i L G! 3 0 S no 67 1C limill,yilern 4.leggy-3C0-3 ue.tcii -Fe \) x Ecugicie \Ice] monk Rd -teL5-3 ovic hositt1,;( �c • . AA:GI Li l iig )4-#1 t r6UC (rev, ffz �� Yl'l� . /( gar° 01 op / L L Li -ti 5 s' ‘44 .i.or-1 Hello