The URL can be used to link to this page

Browse Search

Home My WebLink About20180474.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 14, 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, February 14, 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 Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of February 12, 2018, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. le CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PUBLIC INPUT: No public input was given. BIDS: 1) PRESENT BID #B1800057, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Department of Purchasing, presented the ten (10) bids received and stated staff will bring back a recommendation on February 28, 2018. NEW BUSINESS: • 1) CONSIDER CONTRACT ID #1676 AMENDMENT #1 FOR TALX INCOME VERIFICATION SERVICES AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of the Department of Human Services, presented the amendment which will allow the Department to work with the Colorado Department of Human Services, with the work number to determine eligibility for Human Services Programs. The Weld County Department of Human Services' portion from the State is $143,470.03. 3/r Minutes, February 14, 2018 Page 1 2018-0474 BC0016 Commissioner Kirkmeyer moved to approve said amendment #1 and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. 2) CONSIDER CONTRACT ID #1677 AGREEMENT FOR COMMUNICATIONS TOWER AND SITE LEASE AND AUTHORIZE CHAIR TO SIGN - SKYBEAM, LLC, DBA RISE BROADBAND: Mike Wallace, Director of Public Safety Communications, reviewed the terms of the agreement for the revised renewal lease agreement with Rise Broadband. He stated this agreement increased their rate and they were asked to move outside the County's facility and put in their own utilities and equipment box. Walt Leslie, Department of Public Safety Communications, explained they wanted Skybeam, LLC, dba Rise Broadband, to move out of the County's facility, to maintain network security within the building. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. 3) CONSIDER TEMPORARY ASSEMBLY PERMIT — IHRF, INC: Frank Haug, Assistant County Attorney, presented the request for the temporary assembly permit for March 3 and 4, 2018, for a horse race which includes rain -out -date built into it of March 10 and 11, 2018. He stated the USR in July, 2017, included a provision if they hold an event with more than 500 people, they would need to apply for a temporary assembly permit. He stated the applicants should comply with all the provisions of the USR, as well as, the ones for the temporary assembly permit. He stated they will have a water truck for dust abatement and water will be provided by vendors. The applicants have posted the $3,000.00 collateral, there will be two (2) certified veterinarians on site. He explained they will have security and, an ambulance on site. They will also have a medical tent and fifteen (15) security personnel who are also trained as first responders. Anna Ornelas, applicant, stated this will be the first event they will have since their USR was approved in July, 2017. She stated she discovered it is more efficient to have trained security guards, as first responders, at the event which eliminates the need for more EMT's. No public testimony was offered concerning this matter. Commissioner Cozad moved to grant the temporary assembly permit. The motion was seconded by Commissioner Conway, and it carried unanimously. 4) CONSIDER APPLICATION FOR JUSTICE ASSISTANCE GRANT (JAG) AND AUTHORIZE ELECTRONIC SUBMITTAL: Jennifer Oftelie, Sheriff's Office, presented the application for two (2) body scanners for the jail intake for booking. She stated the scanners are similar to the TSA machines used at the airport. In response to Chair Moreno, Ms. Oftelie stated there are other companies locally that are available to do maintenance on the machine within the fifteen -year (15) warranty. In response to Commissioner Cozad, Ms. Oftelie confirmed the scanner will be able to detect items internally. Commissioner Conway stated contraband is a huge problem at the jail and the body scanners will help prevent this. Commissioner Conway moved to approve said application and authorize electronic submittal. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. PLANNING: 1) CONSIDER AMENDED RESOLUTION RE: USE BY SPECIAL REVIEW PERMIT, USR17-0016 — WW, LLC: Bob Choate, Assistant County Attorney, presented the proposed amended resolution and stated since Commissioner Conway made the findings it would be advantageous to have him read the findings for the record. Minutes, February 14, 2018 Page 2 2018-0474 BC0016 Bruce Barker, County Attorney, clarified the process to present the findings for the amended Resolution. Commissioner Cozad stated she read the draft resolution and the revisions cover everything, but she would like to go through each section to add comments and discuss the findings. el Commissioner Conway read the findings as outlined in the amended resolution Section #1.A. Commissioner Cozad suggested adding more a sentence to the paragraph • Commissioner Cozad stated after reviewing the transcripts of Section 23-2-230. B.1, during the deliberation, she and Commissioner Kirkmeyer indicated the applicant did not demonstrate that they had met the goals and policies of Chapter 22 in the Comprehensive Plan and she specifically stated the plan lacked adequate evidence demonstrating how the project meets the Comprehensive Plan. Commissioner Kirkmeyer clarified the process of reading and making additions or changes to the resolution. She stated Commissioner Conway should read the findings and then the Commissioners should include any additional comments and findings. Commissioner Conway read paragraph Section 22-2-20.1.A for the record. Commissioner Cozad added to A.Policy 2.3 the application lacked evidence on meeting the Comprehensive Plan as discussed during deliberations. Commissioner Cozad added language because she feels the applicant did not meet the Policies in A.Policy 2.2, due to the fact that the impact on surrounding properties would not be minimal. Ei Commissioner Cozad stated the applicant did not demonstrate how the business would meet the characteristics of the area, as stated in A.Policy 7.1 and 7.2. She stated the area is primarily residential, but several of the land uses have agricultural components; therefore, the application does not meet A.Policy 9.2. Commissioner Kirkmeyer stated she wants to add to the findings of A.Policy 8.3, which stated the applicant is to demonstrate that the roadway facilities associated with the proposed development are adequate and have structural capacity to support the proposed land use change. The facility did not meet those conditions and County Road 2 has approximately 3,121 daily trips, with no future improvements planned for development of the roadway. • Commissioner Cozad clarified for the record that the proposed site is not located in a Regional Urban Area. e Commissioner Cozad suggested instead of it being called "operations" they should be called "existing properties." She explained the nature of the businesses in the area are home businesses, which are more compatible with the surrounding area, because they are smaller and don't have traffic. Commissioner Kirkmeyer agreed with changing operations to properties. Commissioner Kirkmeyer suggested adding there is a permitted small recreational vehicle and boat storage and removing the language "according to the neighbors". She stated she would like to add "the proposed use is more intense and substantially more commercial and industrial in nature." Commissioner Kirkmeyer stated because the proposed facility was going to utilize trash roll -offs and heavy equipment, it would be more industrial. Additionally, the applicant has proposed four (4) individual flex buildings that could not be adequately described. Commissioner Cozad suggested the applicant did not completely address the Minutes, February 14, 2018 Page 3 2018-0474 BC0016 impacts on the surrounding property owners or have any mitigation techniques that would make it more compatible to the surrounding area. • Commissioner Conway asked if language regarding the applicant operating the roll -off business, without the proper permits, should be added to the resolution. Commissioner Kirkmeyer suggested not adding any mention of the roll -off business. Mr. Choate presented the suggested language he drafted for Paragraph B. Commissioner Conway continued reading the amended resolution. Commissioner Kirkmeyer and Conway discussed modifying the sentence that states, "This is not the same future the owners planned for this area." Commissioner Conway reported it was taken directly from the testimony, and because of this, Commissioner Kirkmeyer decided to keep the language as stated. Commissioner Cozad suggested changing the word "planned" to "envisioned". She stated they didn't plan the neighborhood, but they had expectations for the future of the neighborhood. • Commissioner Kirkmeyer added the applicant did not demonstrate a sufficient landscaping or screening plan; furthermore, they didn't have any plans to show how they proposed to buffer or mitigate any impacts on the surrounding property owners. Commissioner Kirkmeyer stated there isn't a way to screen the heavy industrial trucks and so she would like to have something added that the applicants didn't have a plan for screening or mitigating the impacts. Commissioners Cozad stated there needs to be language about environmental issues added as well. She stated Lauren Light, Department of Public Health and Environment, had concerns about painting the roll -offs, but the applicant did not demonstrate how they could meet the health and environmental concerns. • Commissioner Kirkmeyer reminded the Board, the applicant did not demonstrate the proposed facility would meet the residential level noise standard and actually requested the Commissioners change the zone to a commercial zone noise level. Commissioner Cozad stated she would like to add something about the inadequate dialogue with the surrounding property owners. • Mr. Choate reviewed the changes to Paragraph D, Section 23-2-230.B.7, as suggested by the Board. • Commissioner Conway moved to approve amended resolution. The motion was seconded by Commissioner Cozad. • Each of the Commissioners thanked Mr. Choate and Commissioner Conway for their hard work on this. After further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, February 14, 2018 Page 4 2018-0474 BC0016 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 10:05 a.m. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: ',Qt;ok Weld County Clerk to the Board BY: Deputy Clerk to the B arbara Kirkmeyer, ro-Tem Sean P. Con ay /z/i-> Jblie A. Cozad Mike Freeman Minutes, February 14, 2018 Page 5 2018-0474 BC0016 Hello