HomeMy WebLinkAbout20183347.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 22, 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, October 22, 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
Senior Accountant, Chris D'Ovidio
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 17, 2018, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on October 17, 2018, as follows: 1) USR18-0001 - WETCO Farms, Inc., do Brett
Bloom, 2) USR18-0028 — Timothy Dittmer and Blue Pill, LLC, and 3) USR18-0042 — Cheryl Sweet.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
ID PUBLIC INPUT: No public input was given.
NEW BUSINESS:
• 1) CONSIDER 2018 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP)APPLICATION
AND AUTHORIZE ELECTRONIC SUBMITTAL: Jennifer Oftelie, Sheriff's Office, presented the details of
the application and explained after the application is reviewed the grant amount will be determined. Ms.
Oftelie stated the Sheriff's Office is still waiting to receive funding for the 2017 grant application in the
amount of $131,000.00 and are expecting the same amount for 2018. Commissioner Conway moved to
I a0 Minutes, Monday, October 22, 2018 2018-3347
Page 1 BC0016
approve said application and authorize electronic submittal. The motion was seconded by
Commissioner Cozad, and it carried unanimously.
El 2) CONSIDER LETTER OF AGREEMENT CONCERNING DESIGNATED EMERGENCY
RESPONSE AUTHORITY (DERA) AND AUTHORIZE CHAIR AND DIRECTOR OF OFFICE OF
EMERGENCY MANAGEMENT TO SIGN - MOUNTAIN VIEW FIRE RESCUE DISTRICT: Roy Rudisill,
Director of the Office of Emergency Management, reviewed the letter of agreement and stated the
Mountain View Fire Rescue District has a hazmat team which is part of the Boulder County Fire Rescue
District. He stated this agreement will allow Mountain View Fire Rescue District to respond to hazmat
incidents within their district and utilize Boulder County Hazmat Authority resources for support, in
unincorporated Weld County and work collaboratively with the Office of Emergency Management.
Commissioner Cozad moved to approve said letter of agreement and authorize the Chair and the Director
of the Office of Emergency Management to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
3) CONSIDER AMENDMENT #3 TO LOAN FUND GRANT AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - COLORADO ENTERPRISE FUND, INC.: Don Warden, Director of Finance and
Administration, presented the amendment to the Loan Fund Grant Agreement. He explained the Board
has a partnership with the Colorado Enterprise Fund who provides funds to small startup businesses
and, to date, Weld County has half a million dollars in the revolving loan fund. He explained this fund has
assisted 47 businesses in Weld County. He stated this amendment is to add another $150,000.00
through a grant from Weld County and the Colorado Enterprise Fund, Inc. will match Weld County's
contribution for a total amount of $300,000.00. Commissioner Kirkmeyer moved to approve said
amendment and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and
it carried unanimously.
El 4) CONSIDER CONTRACT ID #2174 AGREEMENT FOR UPGRADING HIGHWAY/RAILROAD
GRADE CROSSING WARNING DEVICES AND AUTHORIZE CHAIR TO SIGN - THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF): Michael Bedell, Department of Public
Works, stated this is a contract with the Burlington Northern and Santa Fe Railway Company (BNSF),
Weld County and the Colorado Department of Transportation (CDOT) to improve the crossing at CR 75
near Roggen. He stated they will install flashing light signals and warning devices. The project is paid
through the CDOT Section 130 Program Funds, and the County is a signatory of the contract. The
Department of Public Works will make sure they have traffic controls in place. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
Ei 5) CONSIDER RATIFICATION OF APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE
HIGH PLAINS LIBRARY DISTRICT: Commissioner Freeman presented a brief update on the process
for the High Plains Library District and stated he feels confident with the appointed candidates.
Commissioner Freeman moved to ratifiy said appointments. Seconded by Commissioner Conway, the
motion carried unanimously. Commissioner Conway thanked Commissioner Freeman for his work on the
High Plains Library District Board.
6) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — KAITLYNN BROWN: Commissioner Cozad moved to approve the appointment of
Kaitlynn Brown. The motion, which was seconded by Commissioner Conway, carried unanimously.
Minutes, Monday, October 22, 2018 2018-3347
Page 2 BC0016
7) CONSIDER TEMPORARY CLOSURE OF CR 91 BETWEEN INTERSTATE 76 AND
U.S. HIGHWAY 34: Amy Joseph, Department of Public Works, presented the details of the closure
beginning October 22, 2018, through January 31, 2019, and indicated Public Works will install a
temporary bridge during the replacement of Bridge 91/40A, which is currently weight restricted, During
the replacement, they are making it a non-weight restricted bridge. Commissioner Freeman moved to
approve said closure. Seconded by Commissioner Cozad, the motion carried unanimously.
(HEALTH) OLD BUSINESS:
1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
SAPPORO JAPANESE STEAKHOUSE (CONT'D FROM 10/15/2018): Dan Joseph, Department of
Public Health and Environment, stated the consultant has visited the restaurant on three (3) separate
occasions and the staff have completed the Manager training and most of the the other staff has
completed the regular food handling training. However, there are a few employees who have not
completed the training. He stated the operator submitted an organizational chart and identified the food
safety management, as well as, they are training someone for the manager's position to ensure there will
be a manager on site at all times. He presented a detailed timeline for the inspection. Mr. Joseph stated
he feels the operator has made the changes necessary to be in compliance. Poly Sim, owner of Sapporo
Japanese Steakhouse, explained going forward there will be a food safety manager at the location. He
confirmed there is only one employee who hasn't completed the food safety training. Mr. Sim stated he
will continue to work with Steve Chevalier, food consultant, three (3) times a week to stay in compliance.
Mr. Joseph stated they will complete two (2) full regular inspections, and if they are not in compliance at
that inspection, the Department of Public Health and Environment will bring the matter back to the Board.
Commissioner Kirkmeyer clarified this dismissal is conditional. If the Health Department finds any
violations, Sapporo Japanese Steakhouse will be back in front of the Board. Mr. Sim confirmed the
employees will all be trained in food safety handling and he will have a greater presence at the restaurant.
Commissioner Kirkmeyer moved to dismiss this matter contingent on a successful inspection by the
Department of Public Health and Environment. The motion which was seconded by Commissioner
Cozad, and carried unanimously. Commissioner Cozad expressed her appreciation to Mr. Sim for taking
this matter seriously and working to make it safe for the public.
PLANNING:
Eli 1) CONSIDER REVIEW OF CONDITION OF APPROVAL #1.G OF USE BY SPECIAL REVIEW
PERMIT, USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC:
Kim Ogle, Department of Planning Services, stated USR17-0043 was approved on February 5, 2018, for
an asphalt batch and processing plant. Mr. Ogle stated they received a request to review Condition of
Approval #1.G, which is more specifically, an extension of one (1) year of the submittal of construction
drawing and construction and of off-site of off-site roadway improvements, due to two pending lawsuits.
In response to Commissioner Cozad, Mr. Ogle reported they have not been operating because the off
site improvements to the road are not complete. Dawn Anderson, Department of Public Works, stated
the applicant is requesting a change to the COA #1.G, and agree they will not operate the plant
commercially after the temporary permit expires, but would request operation of the plant to complete the
off-site improvements to supply their own materials for the improvements. She explained they have
submitted an approved drainage plan depending on the outcome of the lawsuit. In response to
Commissioner Conway, Mr. Ogle confirmed Cactus Hill Ranch Company has not been sent a letter telling
them to proceed at their own risk. Bruce Barker, County Attorney, explained he wasn't aware of the status
for grading or building permits, for this company. Ms. Anderson explained they have their grading permits
but because of the pending lawsuits, Public Works wants to make sure no flows will leave the site.
Commissioner Conway inquired about flows that may leave the site and impact the ditch. Mr. Barker
stated those are tied to building permits and not usually part of the Improvements Agreement. In response
Minutes, Monday, October 22, 2018 2018-3347
Page 3 BC0016
to Commissioner Cozad, Mr. Ogle stated the temporary permit expires mid-November and the plat has
not been recorded because the Improvements Agreement has not been approved.
El Anne Best Johnson, representative of Tetra Tech, and Brett Baker, representative of Simon
Contractors, Inc., introduced themselves. Ms. Johnson explained their temporary permit expires
November 15, 2018, and they have extended the plat recording a few times in anticipation of upcoming
challenges. The grading permit was approved on October 11, 2018. She stated the mylar has been sent
to the Department of Planning Services to be recorded and the Improvements Agreement is at the
Department of Public Works.
Commissioner Conway clarified the temporary permit was granted to complete the improvements
on U.S. Highway 85. Commissioner Kirkmeyer confirmed Simon Contractors, Inc is only asking for an
extension of COA #1.G. Mr. Baker reported they will not operate the plant commercially until the road
improvements are complete and the lawsuits are cleared up.
Commissioner Cozad suggested adding a "Whereas", to the Resolution, that states "the Board finds
the facility shall not operate until the improvements are complete." She confirmed the first sentence
states the applicant shall not operate the Asphalt and Ready-Mix plants commercially until the off-site
improvements are completed to CR 80.5 and State Highway 257 are complete. Mr. Barker stated he
doesn't believe the resolution needs additional language, but there should just be a finding added to COA
#1.G.
12 In response to Commissioner Conway, Ms. Anderson stated the company has already received the
grading permits and she reported the early release paperwork has "proceed at your own risk" language.
Commissioner Conway wants to make sure the County isn't held liable. Commissioner Cozad stated as
soon as the improvements are completed they will receive the permit. No public testimony was offered
concerning this matter.
el Commissioner Kirkmeyer moved to amend the resolution by adding "Whereas, the Board of County
Commissioners heard further testimony and finds it necessary to add to the improvements agreement
and the applicant shall not operate the Asphalt and Ready-Mix plants commercially until the off-site
improvements to CR 80.5 and State Highway 257 are complete. The applicant intends to construct on
site improvements such as the water quality features and berms, (which will be seeded to mitigate
erosion, as required) internal grading, drainage and erosion control work. Also to be added,"Be it Further
Resolved by the Board, that direction has been given to staff to insert language into the improvements
agreement, as already stated." The motion was seconded by Commissioner Cozad and she also
suggested adding "with the exception the plant will continue to operate to sup ly their own materials to
complete their off-site improvements." The motion carried unanimously. Fa Commissioner Cozad
moved to grant the extension of COA #1.G which was seconded by Commissioner Kirkmeyer.
Commissioner Conway stated he will support the resolution, but the applicant should be aware they are
proceeding at their own risk, pending the outcome of the litigation. There being no further comments, the
motion passed unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, Monday, October 22, 2018 2018-3347
Page 4 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 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dititelo z, /'�.�,� St e Moreno, Chair
Weld County Clerk to the Board
03()I0_0.e./Q'' rbara Kirkmeyer Pr -Tern
Deputy Clerk to the Board c
Sean P. Conway C
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Julie A. Cozad
f f‘ Mike Freeman
Minutes, Monday, October 22, 2018 2018-3347
Page 5 BC0016
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