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Home My WebLink About20180262.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 24, 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, January 24, 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 Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of January 22, 2018, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. O. AMENDMENTS TO AGENDA: There were no amendments to the agenda. El CONSENT AGENDA: Commissioner Cozad 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: El 1) APPROVE BID #B1800010, PATROL PURSUIT RATED AWD SEDANS (QTY. 12) - SHERIFF'S OFFICE: Rob Turf, Department of Purchasing, presented the bids received and explained the Sheriff's Office recommended changing the quantity of vehicles being purchased from eleven (11) to twelve (12), because a patrol car was recently involved in an accident and was totalled. He stated the low bid didn't meet specifications, so staff recommends awarding to Spradley Barr Ford of Greeley for the amount of $340,872.00. In response to Commissioner Conway, Josh Noonan, Sheriff's Office, explained several reasons why the Chrysler/Dodge vehicles didn't meet specifications. Commissioner Conway moved to approve said second low bid. The motion was seconded by Commissioner Cozad, and it carried unanimously. ©a/oi$ Minutes, January 24, 2018 Page 1 2018-0262 BC0016 El 2) APPROVE BID #B1800011, PATROL FULL SIZE 4X4 PICKUP OR SUV - SHERIFF'S OFFICE: Mr. Turf reviewed the two (2) bids received and stated staff recommends awarding to the second bidder, John Elway Chevrolet of Englewood, in the amount of $38,914.00. Mr. Noonan explained the low bidder, Spradley Barr Ford of Greeley, did not meet the specifications. Commissioner Freeman moved to approve said second low bid. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 3) APPROVE BID #B1800012, SUV 4 DOOR K-9 UNIT (QTY. 2) - SHERIFF'S OFFICE: Mr. Turf presented the two (2) bids received and stated staff recommends awarding to the low bidder, Spradley Barr Ford of Greeley, for the total amount of $61,374.00. Commissioner Cozad moved to approve said low bid. The motion was seconded by Commissioner Conway, and it carried unanimously. • 4) APPROVE BID #B1800013, CIVILIAN MINI VAN - SHERIFF'S OFFICE/STRIKE TEAM: Mr. Turf presented the sole bid received from John Elway Chrysler of Greeley, for the total amount of $25,974.00. Commissioner Conway moved to approve said sole bid. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 5) APPROVE BID #B1800014, AWD OR 4X4 SUV'S (QTY 2) - SHERIFF'S OFFICE/DETENTION: Mr. Turf reviewed the two (2) bids received and recommends awarding to the low bidder, Spradley Barr Ford of Greeley, in the amount of $76,064.00. Commissioner Freeman moved to approve said low bid. The motion was seconded by Commissioner Conway and it carried unanimously. 6) APPROVE BID #B1800015, SUV (SMALL) (QTY. 2) - DEPARTMENT OF PLANNING SERVICES/DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf presented the four (4) bids received and stated staff recommends awarding to the low bidder, John Elway Chrysler, for the total amount of $40,788.00, for two (2) vehicles. Commissioner Cozad moved to approve said low bid. Seconded by Commissioner Conway, the motion carried unanimously. • 7) APPROVE BID #B1800016, SEDAN - DISTRICT ATTORNEY'S OFFICE/INVESTIGATOR: Mr. Turf presented the three (3) bids received and stated staff recommends awarding to the low bidder, John Elway Chevrolet of Englewood, for the total amount of $23,197.00. Commissioner Freeman moved to approve said low bid. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 8) APPROVE BID #B1800017, SED FRONT MOUNTING SNOW BLOWER (QTY. 2) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the three (3) bids received and stated staff recommends awarding to the low bidder, Titan Machinery, for the total amount of $22,980.00. Commissioner Conway moved to approve said low bid. Seconded by Commissioner Freeman, the motion carried unanimously. • 9) APPROVE BID #B1800018, FARM TRACTOR - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the five (5) bids received and stated staff recommends awarding to the low bidder, B and G Equipment for the total amount of $75,572.00. Commissioner Cozad moved to approve said low bid. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. la 10) APPROVE BID #B1800019, 1 -TON PICKUP WITH UTILITY BOX- DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the four (4) bids received and stated staff recommends awarding to the low bidder, Weld County Garage, for the total amount of $46,009.00. Commissioner Conway moved to approve said low bid. The motion was seconded by Commissioner Cozad, and it carried unanimously. Minutes, January 24, 2018 Page 2 2018-0262 BC0016 11) APPROVE BID #B1800020, TANDEM AXLE TRUCKS (QTY. 10) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf stated staff recommends awarding the bid from MHC Kenworth-Greeley, the third lowest bidder, who meets all specifications for ten (10) trucks, for the total amount of $1,165,170.00. Commissioner Freeman moved to approve said bid. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 12) APPROVE BID #B1800021, TANDEM AXLE BELLY DUMP TRAILERS (QTY. 4) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the six (6) bids and stated staff recommends awarding to the low bidder, Utility Trailer Sales, for the total amount of $134,616.00. Commissioner Cozad moved to approve said low bid. The motion was seconded by Commissioner Conway, and it carried unanimously. • 13) APPROVE BID #B1800022, MOTORGRADERS (QTY. 6) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the three (3) bids received and stated staff recommends awarding to the lowest bidder meeting specifications, Wagner Equipment, for the total amount of $1,694,611.56, including options as outlined in the memorandum. In response to Commissioner Cozad, Mike Livengood, Department of Public Works, stated the low bid did not meet the horsepower specifications. Commissioner Cozad moved to approve said bid which meets specifications. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 14) APPROVE BID #B1800023, WHEEL LOADER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the five (5) bids received and stated staff recommends awarding to the low bidder, Power Equipment Company, for the total amount of $159,954.00. Commissioner Conway moved to approve said low bid. The motion was seconded by Commissioner Freeman, and it carried unanimously. 15) APPROVE BID #B1800024, 3 -TON DOUBLE DRUM VIBRATORY ROLLER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the seven (7) bids received and stated staff recommends awarding to the second low bidder, Wagner Equipment Co., for the total amount of $38,313.40. Commissioner Freeman moved to approve said second low bid. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 16) APPROVE BID #B1800025, 6 -INCH TRASH PUMP - DEPARTMENT OF PUBLIC WORKS: Mr. Turf stated staff recommends continuing this matter to allow staff further time review the bids. Commissioner Conway moved to continue said matter to January 29, 2018. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 17) APPROVE BID #61800026, 9 -TON PNEUMATIC TIRE ROLLER COMPACTOR - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the five (5) bids received and stated staff recommends awarding to the second low bidder, Power Equipment Company, for the total amount of $134,884.00. Commissioner Cozad moved to approve said second low bid. Seconded by Commissioner Freeman, the motion carried unanimously. • 18) APPROVE BID #B1800027, 13 -TON DOUBLE DRUM VIBRATORY ROLLER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the six (6) bids received and stated staff recommends awarding to the low bidder, Power Equipment Company, with options included for the total amount of $144,497.00. Commissioner Conway moved to approve said low bid. The motion was seconded by Commissioner Cozad, and it carried unanimously. Minutes, January 24, 2018 Page 3 2018-0262 BC0016 19) APPROVE BID #61800028, ROAD WIDENER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the sole bidder, Faris Machinery, for the total amount of $117,360.00 who meets specifications. Commissioner Freeman moved to approve said sole bid. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 20) APPROVE BID #B1800029, ROAD BROOM SWEEPER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the four (4) bids received and stated staff recommends awarding to the low bidder, Power Equipment Company, for the total amount of $52,864.00. Commissioner Kirkmeyer moved to approve said low bid. Seconded by Commissioner Cozad, the motion carried unanimously. • 21) APPROVE BID #B1800030, LOADER MOUNTED ROTARY SNOW BLOWER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the four (4) bids received and stated staff recommends awarding to the low bidder, Kois Brothers Equipment, for the total amount of $130,900.00. Commissioner Kirkmeyer moved to approve said low bid. Seconded by Commissioner Freeman, the motion carried unanimously. • 22) APPROVE BID #B1800031, DOUBLE AXLE TRAILER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the four (4) bids received and stated staff recommends awarding to the low bidder who meets all the specifications, Wagner Equipment Company, for the total amount of $14,918.67. Commissioner Conway moved to approve said bid. The motion was seconded by Commissioner Freeman, and it carried unanimously. el 23) APPROVE BID #61800032, SKID STEER LOADER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the eleven (11) bids and stated staff recommends awarding to the only bidder meeting specifications, 4 Rivers Equipment. Commissioner Freeman moved to approve said bid. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 24) APPROVE BID #B1800035, 1/2 -TON 4X4 COMPACT EXT. CAB PICKUP - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf presented the three (3) bids received, but stated, none met the specifications. He stated staff recommends rejecting all bids. Commissioner Cozad moved to reject all bids and rebid. The motion was seconded by Commissioner Conway, and it carried unanimously. IR 25) APPROVE BID #B1700146, PROXIMITY DOOR SYSTEM UPGRADE - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf presented the twelve (12) bids received and stated staff would like to continue this matter to try and find a supplier solution. Commissioner Cozad moved to continue this matter to February 12, 2018. Seconded by Commissioner Conway, the motion carried unanimously. NEW BUSINESS: la 1) CONSIDER CONTRACT ID #1636 REGIONAL COMMUNICATIONS USER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF SEVERANCE: Mike Wallace, Director of the Department of Public Safety Communications, reviewed the terms of the user agreement with the Town of Severance. Commissioner Conway moved to approve said user agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. la 2) CONSIDER CONTRACT ID #1635 AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN - CINDY OSTER, DANIEL OSTER, ELOIS OSTER, ERIC OSTER, JENNIE OSTER, SANDRA OSTER, AND PAUL OSTER: Cameron Parrott, Department of Public Works, presented the agreement for the total amount $650.00. Commissioner Cozad moved to approve said agreement and authorize the Minutes, January 24, 2018 Page 4 2018-0262 BC0016 Chair to sign all necessary documents. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 3) CONSIDER TEMPORARY CLOSURE OF CR 29 BETWEEN CRS 86 AND 88: Amy Joseph, Department of Public Works, presented the closure effective January 29, 2018, through February 9, 2018, to replace two (2) irrigation culverts. She reported the detour route will be treated with water and Public Works will use standard road signs and barricades. Commissioner Conway moved to approve said temporary closure. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 4) CONSIDER TEMPORARY CLOSURE OF CR 61 BETWEEN STATE HIGHWAY 52 AND CR 14: Ms. Joseph presented the terms of the closure effective February 5, 2018, through February 9, 2018, for a culvert replacement and stated water will be used for dust abatement on the gravel portion of the detour route. Commissioner Cozad moved to approve said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously. la 5) CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 47 AND 49: Ms. Joseph reviewed the terms of the temporary closure effective February 12, 2018, through February 23, 2018, for two (2) culvert replacements. She stated staff will use magnesium chloride for dust abatement. Commissioner Freeman moved to approve said temporary closure. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 6) CONSIDER TEMPORARY CLOSURE OF CR 8 BETWEEN CRS 41 NORTH AND 41 SOUTH: Ms. Joseph stated the closure will be effective February 5, 2018, through March 2, 2018, for a bridge re - deck, and magnesium chloride will be used on the gravel portion of the detour route. She stated staff will use message boards to alert the traveling public along with standard road signs and barricades. Commissioner Cozad moved to approve said closure. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Of 7) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY AN ACCESS PERMIT FOR RECX17-0107 - ROBERT AND HEIDI STREEKS: Dawn Anderson, Department of Public Works, presented the appeal of the denial of an access permit along County Road (CR) 53 between CRs 2 and 4. She stated staff denied the Access Permit based on Weld County Code and the safety criteria, specifically of the sight distance. Ms. Anderson displayed an aerial photograph of the site location and reviewed the background of the parcel. She clarified CR 53 is classified as a local road on the Weld County Designation Map and stated the recent traffic count is 78 vehicles per day with 17 percent trucks and the posted speed limit is 55 mph. She explained the appellants' proposal was that the Access Point be for Lot B and the proposed residential Access Point will be along the northern property line for Lot A, the existing residence, which will be a shared access for future development on Lot B. Ms. Anderson reported staff denied the request based on two (2) Weld County Code Sections 12- 5-30.A and 24-8-40.C. She stated the applicant requested a variance and a letter for a hardship and justification. Ms. Anderson stated after a site visit, staff discovered the sight criteria safety issue. • In response to Commissioner Cozad, Ms. Anderson stated the Recorded Exemption had previously been approved and the appellants are planning for future development of Lot B, but she was not sure what the exact plans entail. CE Heidi Streeks, appellant, represented by Nicole Nies and Taylor Clausen, Hackstaff and Snow, clarified it is a flagpole lot and the proposed Access will be included as Lot A. In response to Commissioner Cozad, Ms. Nies stated the lot lines extend to the County road. Minutes, January 24, 2018 Page 5 2018-0262 BC0016 In response to Commissioner Kirkmeyer, Ms. Anderson stated the sight distance is off by about 175 feet and three and a half (31/2) feet from ground level. She stated the map being displayed was submitted by the appellant and the existing Access goes to Lot A. Eli Commissioner Cozad stated there is a piece of the parcel that isn't connected and becomes landlocked and she requested that the appellant explain why this couldn't be an easement that is shared by both lots. Ms. Nies explained the fenced area is for livestock and pasture and they are parceling off the property for future homes for their elderly parents and adult children. She clarified the appellants were directed by their former attorney to file a variance, but they have been in compliance with the road policies. She stated it was important to explain the layout of the parcel and the future uses intended for the property. • Ms. Streeks displayed photos of the proposed and existing Access points and submitted them as Exhibit "A". She explained how she used a construction measurement tool to obtain the 500 -foot distance. In response to Commissioner Kirkmeyer, while viewing one of the photos, Ms. Streeks stated it was 500 feet from the proposed access to where her husband was standing in the photo. She explained she didn't have the measurements for the proposed access. • In response to Commissioner Conway, Ms. Anderson explained they measured from the proposed Access point to 270 feet from the proposed Access point which meets spacing requirements. • Ms. Streeks explained the photo of the vehicle parked at the existing access and the top of the bumper is two (2) feet from the ground. She stated the photo is for use as a reference point. In response to Commissioner Kirkmeyer, Ms. Streeks stated the vehicle is parked at the proposed Access Point and she is standing 500 feet away to the north, to demonstrate the sight distance. • In response to Commissioner Cozad, Ms. Streeks clarified she has no concerns for her elderly parents' safety entering the road from the access, because she feels the Department of Public Works measurements are inaccurate. She referred to the photos displayed stating there isn't a sight distance concern. • In response to Commissioner Cozad, Ms. Anderson stated staff's position is there is a safety concern and there is various criteria that needs to be looked at when determining safety. The sight distance criteria is also based on the speed limit which is 55 miles per hour on CR 53. • In response to Commissioner Conway, Ms. Streeks stated there is a fence on both sides of the existing access, so if it is shared, there will need to be more gates to move the livestock freely between the pastures. Ms. Streeks stated she has concerns with her elderly parents having to open and close gates to access the property. Commissioner Kirkmeyer explained the reason for determining the safety of the access point. • In response to Ms. Nies, Ms. Anderson stated staff took pictures and measured the distance, but it is possible to interpret the findings differently. Minutes, January 24, 2018 Page 6 2018-0262 BC0016 • In response to Commissioner Cozad, Ms. Anderson stated interpretations are received differently and vehicles will react differently on a 55 -mph gravel road. Commissioner Cozad clarified what viewpoint staff is looking at when determining the sight distance for the Access point. Ms. Streeks stated she stood on the side of road to take measurements and pictures and she explained there is an "S" curve to the south, so she believes vehicles are forced to slow down. • Commissioner Kirkmeyer recommended continuing this matter to allow staff and the appellant to review the criteria further to determine if the sight distance is accurate and if there is a safety issue. • Commissioner Kirkmeyer moved to continue this matter to February 7, 2018, and the motion was seconded by Commissioner Cozad. el Commissioner Conway stated he agrees with continuing this matter, but would like staff to make sure the property owner follows Code Section 12-5-30 and review stock management when looking at the safety issues. ▪ Commissioner Kirkmeyer suggested the appellant use cattleguards to contain livestock so a fence would not be necessary on both sides of the access point. ▪ Commissioner Freeman concurred with the comments made and didn't have concerns since the traffic count is only 78 vehicles per day. After further discussion, the motion carried unanimously. ▪ 8) CONSIDER APPOINTMENT OF COMMISSIONER TO CLARIFY FINDINGS OF FACT FOR RESOLUTION TO COMPLY WITH ORDER OF REMAND IN CASE NO. 2017 CV 30547 — WW, LLC: Bob Choate, Assistant County Attorney, presented the request to appoint a Commissioner to detail the Commissioners findings in the case and explained the court allowed 35 days from date of the order to comply. Mr. Choate suggested bringing this back to the Board February 14, 2018, in case more discussion needs to occur. Commissioner Cozad moved to appoint Commissioner Conway. Seconded by Commissioner Freeman, the motion carried unanimously. PLANNING: 12 1) CONSIDER VACATION OF SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0004 - STATE OF COLORADO, C/O BONANZA CREEK OPERATING COMPANY, LLC: Diana Aungst, Department of Planning Services, presented the request from Bonanza Creek Operating Company, LLC, to vacate USR14-0004, which is for a 100 -foot Telecommunications Tower. In June 2017, the Board approved USR17-0020, for a 190 -foot Telecommunications Tower and one Condition of Approval was to vacate USR14-0004. She reported the old tower has already been removed. Melissa Mayer, representative of Bonanza Creek Operating Company, LLC, confirmed the 100 - foot Telecommunications Tower has been removed. Commissioner Kirkmeyer moved to approve said vacation of Use by Special Review Permit, USR14-004. Seconded by Commissioner Conway, the motion carried unanimously. 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. Minutes, January 24, 2018 Page 7 2018-0262 BC0016 There being no further business, this meeting was adjourned at 10:17 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dItt44/1) v; .aC Lto;eA Weld County Clerk to the Board BY: Deputy lerk to the Bo Mike Freeman Minutes, January 24, 2018 Page 8 2018-0262 BC0016 ATTENDA_ DATE: J / CE LIST fiR MI NAME - PLEASE LEGIBLY EMAIL d d, ADDRESS COUNTY OF RESIDENCE SPEAKING? (Y/N) �PRINT N I (-...',0Kv Lj 2" cy / i\ (�1. i C:, t h C I) IN i' ` k'vi`. fl,ys Cj3L S- rU;i`l W TI-;sv��i (l re, 6 r-a-u�vv v �l vi i--��. Cu c�'t ti i ?`�"�' , e e : e.. 1 b'h `,-krQ Lkse 5r1 .C.� 146,%t-Iea. + i-u6i.sas, acs 306 W7--- N .a_r s-1 ii -iv_ _d `�A�;�, -. 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