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Home My WebLink About20180606.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 26, 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 26, 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 -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 February 21, 2018, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearings conducted on February 21, 2018, as follows: 1) USR17-0046 — Anadarko E and P Company, LP, do Kerr-McGee Oil and Gas Onshore, LP. Commissioner Conway seconded the motion, which carried unanimously. 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. PRESENTATIONS: ti 1) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT — DEBORAH DREW: Chair Moreno read the certificate for the record recognizing Ms. Drew for her outstanding service to the citizens of Weld County. Dr. Mark Wallace, Director of the Department of Public Health and Environment, presented Ms. Drew with a plaque and pin to recognize her for her professionalism and enthusiasm during her work with the County. Each of the Commissioners thanked her for her thirty years of service to the residents of Weld County. (Clerk's Note: The Board paused the meeting for a photo opportunity.) Minutes, February 26, 2018 Page 1 2018-0606 BC0016 PUBLIC INPUT: No public input was given. BIDS: CA 1) APPROVE BID #B1700146, PROXIMITY CARD SYSTEM - DEPARTMENT OF BUILDINGS AND GROUNDS (CONT'D FROM 2/12/2018): Rob Turf, Purchasing Department, reviewed the twelve (12) bids received and stated staff evaluated the five (5) lowest bids which met certain specifications. Based on the scoring criteria, staff recommends awarding to Long Building Technologies. In response to Commissioner Conway, Toby Taylor, Director of the Department of Buildings and Grounds, stated Long Building Technologies was the only one that met all specifications and is in the County's best interest of the long-term goals. Commissioner Cozad moved to approve said bid as recommended by staff. Seconded by Commissioner Freeman, the motion carried unanimously. • 2) PRESENT BID #61800052, CUSTODIAL SUPPLIES - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf presented the fourteen (14) bids received and stated staff will bring back a recommendation on March 12, 2018. OLD BUSINESS: • 1) CONSIDER REAPPOINTMENTS OF TOBY TAYLOR AS VETERANS SERVICE OFFICER (CONT'D FROM 2/21/2018): Mr. Taylor stated this will correct a clerical oversight and explained the two (2) year terms of the Veterans Service Officer and the Assistant Veterans Service Officer. In response to Commissioner Cozad, Mr. Taylor confirmed it was just a clerical error which wasn't caught until recently. Commissioner Kirkmeyer moved to approve said reappointments. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 2) CONSIDER REAPPOINTMENT OF DEON HARRIS AS ASSISTANT VETERANS SERVICE OFFICER (CONT'D FROM 2/21/2018): Mr. Taylor reviewed the terms of Mr. Harris' reappointment as Assistant Veterans Service Officer with a term to expire on August 31, 2019. Commissioner Cozad moved to approve said reappointment. The motion was seconded by Commissioner Conway, and it carried unanimously. El 3) CONSIDER APPOINTMENT OF AMBER BARTHEL AS ASSISTANT VETERANS SERVICE OFFICER (CONT'D FROM 2/21/2018): Mr. Taylor stated this is the initial resolution to appoint Amber Barthel as Assistant Veterans Service Officer, with a term to begin on February 21, 2018, and to end February 20, 2020. Commissioner Freeman moved to approve said appointment. The motion was seconded by Commissioner Conway, and it carried unanimously. 4) CONSIDER APPOINTMENT OF WENDY BAILEY AS ASSISTANT VETERANS SERVICE OFFICER (CONT'D FROM 2/21/2018): Commissioner Conway moved to approve said appointment of Wendy Bailey as Veterans Service Officer with a term to begin February 21, 2108 and to end on February 20, 2020. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Commissioner Cozad thanked Mr. Taylor, Wendy Bailey and Amber Barthel for being present and for the outstanding service they provide to the Weld County Veterans. El 5) CONSIDER ADOPTION OF WELD COUNTY ROAD 29 ACCESS CONTROL PLAN (CONT'D FROM 1/8/2018): Chair Moreno presented the background on the process of the Weld County Road 29 Access Control Plan (ACP). Elizabeth Relford, Department of Public Works, stated the Board continued this matter on January 8, 2018, to conduct two (2) additional public meetings and allow staff to answer questions and address concerns. She stated each meeting, which was conducted in the evening, was attended by at least 35 people. Ms. Relford added staff additionally met with several landowners at Public Minutes, February 26, 2018 Page 2 2018-0606 BC0016 Works and also answered questions by telephone. She then presented the revisions that occurred after the meetings and discussions with the landowners. She stated the first one addresses Paragraph E. Access with Safety Concerns, where the phrase "when the road is widened" is concerning to the public, so she recommends adding "when/if' additional right-of-way is acquired along County Road 29. She stated the paragraph clarified what "widening" means and when it will occur. She stated the next change occurred because specific property owners had concerns with access to their properties. She met with Rebecca and Lee Seward who asked for clarification of Appendix A for their access (E-42) and requested the table be modified to say the 35 -acre parcel to the east is under the same ownership and also uses E-42. Kyle Gilbert agreed with the changes of classification to his three (3) accesses. She presented E- 97 as the next revision to the plan and stated it is being revised from identification as a future access to a residential access, since the building permit has been issued for this property. She added E-98 and E- 100 were revised from future to residential since they also had been issured a permit. Ms. Relford stated W-70 and W-71 also will be removed from the spreadsheet because a Recorded Exemption has been recorded. She addressed the main concern from the residents about the ACP being the effect it could have on their existing accesses. She stated the majority of the accesses identified as safety concerns are because they do not meet the spacing requirements. She pointed out that Appendix A states the recommendations should be used as a guide for developers, land owners, staff, and elected officials when development or road improvements are proposed. • In response to Commissioner Conway, Ms. Relford stated the accesses she mentioned were not brought up at the Town of Eaton's Board meeting. • Chair Moreno thanked the representatives from the municipalities for being present at today's hearing. He stated the Commissioners received letters from the Towns of Eaton and Severance late on the prior Friday. He requested the Mayors who sent the letters address their concerns with the 29 ACP. Kevin Ross, Mayor of Eaton, reviewed the concerns that were presented during the Town of Eaton Board meeting. He stated there was a question about the timing and the location of where the traffic count was done, because of the abnormally high amount of traffic which was recorded. He stated he was just made aware of a proposed gas site being built in the Pierce area and wondered how it would affect the ACP. Mayor Ross stated there have been concerns in the last two (2) years about how information is distributed to the residents along CR 29. He clarified that the Town of Eaton is not withdrawing their support, but would like to make sure that the Commissioners hear the concerns about the 29 Access Control Plan in a public hearing. • In response to Commissioner Cozad, Mayor Ross stated when the Town of Eaton included the adoption of the 29 ACP on their Agend,a it was published in the Herald, which they use to announce their Town Board meeting agendas. It was also posted at the Town Hall and to their website. • In response to Commissioner Conway, Mr. Ross stated there were a few residents at the initial meeting. • Commissioner Kirkmeyer clarified at the recent meeting hosted by the Town of Eaton, there were four (4) residents who attended. • Don Brookshire, Mayor of the Town of Severance, stated he received concerns of how the process occurred and how the designation of CR 29 changed. He reported their next public meeting is Monday of next wee,k so it will be too late for residents to bring forth concerns. He announced he wanted to present concerns to the Board and would like the Commissioners to consider slowing down the approval Minutes, February 26, 2018 Page 3 2018-0606 BC0016 of 29, because the residents don't believe there was adequate notification. In response to Commissioner Cozad, Mr. Brookshire stated there were no notifications of the public meetings pertaining to the 29 Access Control Plan and they only published the Town of Severance's Board meetings. Commissioner Kirkmeyer clarified the Town's Board meetings and Agendas are advertised in a publication, posted in Town Hall and on their website. In response to Commissioner Conway, Mayor Brookshire stated they received public comments and concerns after the Town acted on the Access Control Plan. El Craig Cleveland, Mayor Pro-Tem of the Town of Pierce, stated when they held their meeting, there was no public comment. The concerns they have received is with the proximity of U.S. Highway 85 and the railroad track. In response to Commissioner Conway, Mayor Pro-Tem Cleveland, stated the Board voted to annex the processing plant at their February 12, 2018 Board meeting. He stated Rimrock purchased property in November, 2017. In response to Commissioner Kirkmeyer, Mayor Pro-Tem Cleveland stated they just found out about the processing plant; however, they plan to follow the Access Control Plan and see the CR 29 ACP as a benefit. Butch White, e Mayor of the Town of Ault, thanked the Commissioners and staff for working collaboratively with the residents. He commended the County Commissioners for being forward -thinking. El Terry Tinsley, Town of Nunn Trustee, stated the Town of Nunn is the only town County Road 29 goes directly through and the Town is in support of the Access Control Plan. He reported at the meetings he did not receive any negative feedback and believes having another access to travel to Greeley is a benefit, because Highway 85 and Interstate 25 have to much traffic. Commissioner Kirkmeyer expressed her appreciation for Mr. Tinsley being involved in the public meetings. Commissioner Freeman thanked Mr. Tinsley for keeping the residents in the Town of Nunn well informed on this matter. el Stephanie Rice, resident of Eaton, stated her frustration with the timing and process of notification to the general public. Ms. Rice stated some residents were not able to get a straight answer to their questions about the roadway and she doesn't believe the County is being forthcoming about the Access Control Plan. She stated she doesn't see a need for the CR 29 ACP. Ms. Rice stated she would like to see this matter continued so more public can be notified. Mike McNeil, resident of Eaton, stated he is frustrated about the lack of information being distributed to the residents along CR 29 and doesn't feel like the CR 29 ACP is needed. He stated there is a growing concern among the community as a result of the new emerging information coming from this Access Plan. He expressed frustration with employed people being able to attend the meetings that are held during working hours. He stated the concerns of the people are not being addressed and he would like to see the process slow down so people are informed and can have a voice in this matter. Dave Kisker, resident of Johnston, stated he was speaking on behalf of the People United for Responsible Government, and stated he would like clarification on why there is a need for the Weld County Road 29 ACP. He said he would like the Commissioners to make the plan public and requested that Commissioner Freeman recuse himself from the vote, since he has material non-public information concerning the plan. Chair Moreno stated Weld County is continuing to grow and people want to move here. He stated the Commissioners are tasked with planning for the future. Minutes, February 26, 2018 Page 4 2018-0606 BC0016 • Commissioner Cozad stated she appreciates the public coming and voicing their concerns. She clarified the concerns brought forth today are more toward the arterial designation and not the Access Control Plan. She stated once the CR 29 ACP is implemented, and if there is a problem with the railway, the residents will have another way to get north and south. She reported the main reson for the ACP is working with the residents to develop a plan for future growth and ensure people have multiple ways to travel in the County. She stated there can always be improvements on how the public is notified and suggested people sign up for the County newsletter; however, she feels like the County has gone above and beyond to make the public aware of this project. Commissioner Freeman stated he has the same information as everyone else and the CR 29 ACP is needed to make these improvements to make traveling easier because of the population growth. • Commissioner Conway stated he would like staff to slow down the process and address the concerns and questions before approving the CR 29 ACP. • Commissioner Kirkmeyer clarified that the Access Control Plan is what is being discussed today and it is confusing to the public to discuss the functional classification of the roadway which has already been done. She expressed her frustration with people trying to mislead the public. She talked with the resident at the Town of Nunn Board meeting and believed the resident had her concerns addressed. Commissioner Kirkmeyer stated she would like the truth to be spoken because all five (5) County Commissioners and the municipalities agreed on CR 29 as the corridor to be improved. She stated the Commissioners were just informed about the proposed processing plant and Commissioner Freeman does not have a conflict of interest because he doesn't live along CR 29. She reiterated the purpose of the Access Control Plan is a planning effort to work with all the municipalities, protect the County's investment, enhance safety and ensure the integrity of the roadway. She then reviewed the comments from the municipalities that were present. Commissioner Kirkmeyer moved to adopt the County Road 29 Access Control Plan which was seconded by Commissioner Cozad. • Commissioner Conway requested a roll call vote, and he stated he would like the Board to continue this matter to address the municipalities' concerns. Chair Moreno clarified this matter is for the Access Control Plan. Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. 6) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR WELD COUNTY ROAD 29 ACCESS CONTROL PLAN BETWEEN STATE HIGHWAY 392 AND COUNTY ROAD 100 AND AUTHORIZE CHAIR TO SIGN - VARIOUS ENTITIES (CONT'D FROM 1/8/2018): Ms. Relford reviewed the terms of the Intergovernmental Agreement where various municipalities will adopt the County Road 29 Access Control Plan. Commissioner Conway clarified if there would be amendments made to the ACP, a majority vote would be needed before moving forward. Commissioner Cozad moved to approve said intergovernmental agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and upon a roll call vote, the motion passed four to one with Commissioner Conway opposed. Commissioner Kirkmeyer reported she was the one who suggested holding a public forum and the Commissioners held two (2) forums at which the public had additional opportunity to comment on the ACP. NEW BUSINESS: ID 1) CONSIDER RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN — COLORADO CATTLE COMPANY, LLC, DBA Minutes, February 26, 2018 Page 5 2018-0606 BC0016 COLORADO CATTLE COMPANY: Frank Haug, Assistant County Attorney, presented the renewal application and noted there are no concerns. Tom Carr, resident of New Raymer, clarified they are open from May to October and he thanked the Board for renewing his license. Commissioner Conway moved to grant said license renewal and authorize Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Ei 2) CONSIDER CONTRACT ID #1691 UTILITY AGREEMENT FOR INSTALLATION OF NATURAL GAS DISTRIBUTION MAIN LINE EXTENSION AND AUTHORIZE CHAIR TO SIGN - ATMOS ENERGY CORPORATION: Ms. Relford reviewed the details of the utility agreement with Atmos Energy Corporation to install a natural gas main line extension for the CNG fueling site upgrade. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. 3) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN - LACY WELLS: Commissioner Conway moved to approve said appointment of Lacey Wells, as Deputy District Attorney, and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. PLANNING: 1) CONSIDER RECORDED EXEMPTION, RECX17-0208 - CURT AND ROSE JOHNSTON: Angela Synder, Department of Planning Services, stated the applicants are requesting that Lot D2, be split into two (2) lots, Lot A and Lot B. She explained Lot D2 was created when a deeded railroad parcel crossing Lot D was still under the ownership of Great Western Trail Authority. She stated the applicants have extenuating circumstances and have requested waiving the minimum acreage requirement. Ms. Synder displayed a photo showing the proposed lot line. She stated proposed Lot B contains a single- family home and a barn, there are no improvements on Lot A, and the proposed lots are accessed by an access which is maintained by Northern Country Estates Homeowners' Association. Ms. Synder presented a timeline describing the history of the property and stated if this land split is approved, it will be the third recorded exemption on this tract of land. In response to Chair Moreno, Ms. Synder stated Lots A, B, and C are between five (5) and ten (10) acres. She reviewed the sections of the code in which the applicant has not shown compliance as follows. Regarding Section 24-8-40.J, she explained although this recorded exemption will only create one new lot, the previous recorded exemptions and amendments have created a residential neighborhood of urban scale that should have gone through a subdivision process. She reviewed Section 24-8-40.K and stated because the applicant is not going through the subdivision process, there is diminished opportunity to evaluate the neighborhood and establish adequate standards for design and improvement. Next, she stated the applicants do not meet the code requirements of Section 24-8-40.. and Section 24-8-40. P. She stated there are other options available to the applicant to build one additional dwelling unit or create new lots that do not require a waiver from the requirements listed in the Weld County Code. In response to Commissioner Cozad, Ms. Synder stated the amended RE -4412 was recorded in August, 2010. Ms. Synder clarified it was recorded after the Code change. Evan Pinkham, Department of Public Works, stated staff will not support any additional access points onto CR 29 and the Department of Planning Services is already allowing two (2) access points which are in close proximity to each other. IR Tim Naylor, representative of AGPROfessionals, stated the applicants decided to complete the Recorded Exemption process because it is quicker, rather than a Planned Unit Development (PUD) process. He stated there will not be any additional impact to County Road 29. Minutes, February 26, 2018 Page 6 2018-0606 BC0016 IR In response to Commissioner Cozad, Mr. Naylor explained Mr. Johnston will use the property as part of his retirement plan and purchased the land with plans to split the parcel at a future date. Mr. Naylor explained they started this as a PUD process, because they wanted to do a four (4) -lot PUD, but they ran into the issue of having more accesses located on County Road 29. CI Mr. Naylor stated the applicant would be willing to complete a two (2) -lot PUD application. In response to Commissioner Kirkmeyer, Mr. Naylor stated the applicants purchased this property in 2013 and will not have an additional access onto CR 29. El Commissioner Cozad moved to approve Recorded Exemption, RECX17-0208, which was seconded by Commissioner Conway. Commissioner Cozad stated she granted the waiver because there is already an established internal road. Commissioner Kirkmeyer stated she is in support of the Recorded Exemption and doesn't see a reason for a two (2) -lot PUD process. There being no further discussion, the motion passed 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. There being no further business, this meeting was adjourned at 10:51 a.m. BOARD OF COUNTY COMMISSIONERS WELD;CQUNTY, COLORADO ATTEST: ditnev jd..0;ei Weld County Clerk to the Board BY: Deputy Clerk to the Bo Mike Freeman Steve Moreno, Chair rbara Kirkmeyer3Pro-Tem� EXCUSED DATE OF APPROVAL Sean P. Conway — Ju ie A. Cozad Minutes, February 26, 2018 Page 7 2018-0606 BC0016 ATTENDANCE LIST DATE: %r9/o�l$ NAME - PLEASE PRINT LEGIBLY EMAIL r ADDRESS COUNTY OF RESIDENCE SPEAKING? 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