HomeMy WebLinkAbout20182498.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 6, 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, August 6, 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 — EXCUSED (arrived at 9:03 a.m.)
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
IR MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 1, 2018, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner Conway moved to read Code Ordinance 2018-03
and 2018-05 by audio. The motion was seconded by Commissioner Freeman and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on August 1, 2018, as follows: 1) USR18-0025 — Manuel G. Ruiz Prieto, c/o Ruiz
Trucking, LLC, 2) USR18-0043 - ONEOK, Inc., and 3) USR18-0029 — Front Range Dairy, LLC, c/o
Expedition Water Solutions; and Hearings conducted on August 2, 2018: 1) Board of Equalization.
Commissioner Conway seconded the motion, which carried unanimously.
kvi AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• 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.
Minutes, August 6, 2018
Page 1
2018-2498
BC0016
BIDS:
• 1) PRESENT BID #B1800130, ROOF TOP UNIT REPLACEMENT (ISLAND GROVE EXTENSION)
- DEPARTMENT OF BUILDINGS AND GROUNDS: Christie Peters, Department of Purchasing,
presented the six (6) bids received and stated staff will bring back a recommendation on August 20, 2018.
(Clerk's Note: Commissioner Kirkmeyer arrived at 9:03 a.m.)
El 2) APPROVE BID #B1800129, MISSILE SITE CONCRETE REPAIRS - DEPARTMENT OF
BUILDINGS AND GROUNDS: Ms. Peters presented the sole bid received and stated staff recommends
awarding to the sole bidder, TLM Constructors, Inc., for the amount of $30,200.00. In response to
Commissioner Conway, Toby Taylor, Director of the Department of Buildings and Grounds, stated they
are under the budgeted amount of $50,000.00. Commissioner Freeman moved to approve said sole bid.
Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
1) CONSIDER EASEMENT QUIT CLAIM DEED TO TRANSFER THREE (3) SLOPE EASEMENTS
AND AUTHORIZE CHAIR TO SIGN —TOWN OF ERIE: Frank Haug, Assistant County Attorney, reviewed
the details for the transfer of three (3) slope easements. He explained the County received the slope
easements along County Road (CR) 10.5, west of CR 3, which has been annexed into the Town of Erie
and Weld County no longer maintains the road. Mr. Haug stated the slope easements are to keep snow
from building up on the road. Commissioner Cozad moved to approve said transfer of three (3) slope
easements and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
• 2) CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES TO CHANGE RINN
VALLEY, LLLP, FROM OLE HICKORY SMOKEHOUSE AND TAVERN TO RINN VALLEY
RESTAURANT AND TAVERN, AND AUTHORIZE CHAIR TO SIGN: Bob Choate, Assistant County
Attorney, presented the permit application and stated the Ole Hickory Smokehouse is changing their
name to Rinn Valley Restaurant and Tavern, and there are no concerns. Commissioner Freeman moved
to approve said application and authorize the Chair to sign. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
3) CONSIDER CONTRACT ID #2008 AMENDMENT TO REGIONAL COMMUNICATIONS USER
AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - EVANS FIRE
PROTECTION: Mike Wallace, Director of the Department of Public Safety Communications, reviewed
the terms of the amendment to the agreement for wireless radio services with the Evans Fire Protection
District. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign.
The motion was seconded by Commissioner Conway, and it carried unanimously.
IR 4) CONSIDER TEMPORARY CLOSURE OF CR 54 BETWEEN CRS 15 AND 17: Cameron Parrott,
Department of Public Works, presented the temporary closure effective August 14, 2018, through August
17, 2018, for a culvert replacement. Commissioner Conway moved to approve said temporary closure.
The motion, which was seconded by Commissioner Cozad, carried unanimously. In reponse to
Commissioner Cozad, Mr. Parrott stated he will do research to find out if there is a scheduled closure on
CR 54.
• 5) CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO ADJOURN AS
BOARD OF EQUALIZATION FOR CALENDAR YEAR 2018: Commissioner Cozad moved to adjourn the
Board of Equalization for 2018. The motion was seconded by Commissioner Conway, and it carried
Minutes, August 6, 2018
Page 2
2018-2498
BC0016
unanimously. Each of the Commissioners extended thanks to Chris Woodruff, Assessor, and all staff for
their hard work and professionalism.
PLANNING OLD BUSINESS:
1) CONSIDER EXTENSION OF TIME SUBMITTAL OF FINAL PLAN FOR CHANGE OF ZONE,
PZ-1071, FOR ALDER ESTATES PUD - MEAD CROSSINGS, LLC (CONT'D FROM 5/2/2018):
Kim Ogle, Department of Planning Services, stated Mead Crossings, LLC, would like more time to submit
their Final Plan for a Change of Zone for Alder Estates PUD. He stated the Board recommended
continuing this matter for three (3) months, to allow the applicant time to provide letters from the Longs
Peak Water District stating water service is feasible and available and from the developer that they can
obtain financing for the water project. Mr. Ogle stated the requestor has submitted a Financial Statement
demonstrating the ability to finance the development and the water project needed for the subdivision.
Fred Kelly, Manager of Mead Crossings, LLC, stated he has obtained a copy of the commitment
letter from the Longs Peak Water District. Bruce Barker, County Attorney, stated the commitment letter
will become part of the record; however, Mr. Kelly has requested to keep the financial statements
confidential. He stated the financial documents demonstrate there is access to capital to finance
infrastructure,as well as the overall project. Mr. Ogle stated he concurs with the applicant. In response
to Commissioner Cozad, Mr. Kelly stated he has met with the Longs Peak Water District and the Town
of Mead to work on an agreement concerning water service. Mr. Kelly stated a Special District needs to
be created; therefore, he requested an additional one-year extension to create the Special District and
finalize the plat. Commissioner Cozad clarified Mr. Kelly's request, and he stated it is possible to create
a Special District by November 2018. In response to Commissioner Kirkmeyer, Mr. Kelly confirmed the
Longs Water District doesn't have the capacity or infrastructure to serve the entire development and
currently can only serve 300 units. Mr. Kelly stated he was planning on a neighboring developer to share
with the costs of the water line; however, since the City of Longmont recently purchased the land there
won't be anyone to share the cost. In response to Commissioner Kirkmeyer, Mr. Kelly stated the financing
will come from Municipal Bonds; most banks aren't willing to finance for 40 years for infrastructure.
Mr. Kelly stated there is a property owner to the north that would be willing to share the cost to have
Longs Peak Water District provide water service. In response to Commissioner Cozad, Mr. Kelly stated
they will pursue reimburshment for the construction of the infrastructure and he stated the infrastructure
facility will initially be built to provide service to his project. In response to Chair Moreno, Mr. Kelly stated
he will need at least one year to get the infrastructure in place. O Commissioner Cozad expressed
her frustration with the length of time this matter has been continued. She reminded Mr. Kelly, back in
May, 2018, the Board granted 90 days to submit the letter from the Longs Peak Water District. She stated
she would be willing grant an extension to May 31, 2019, to submit the final plan. Commissioner Conway
concurred with Commissioner Cozad's comments. Commissioner Kirkmeyer stated she disagrees with
her fellow Commissioners, and commented Mr. Kelly has not demonstrated he has his adequate
financing. Commissioner Kirkmeyer stated he should already have the Special District in place, because
he has had since 2005. She stated Mr. Kelly has not demonstrated he has the ability to obtain water.
Chair Moreno agreed Mr. Kelly doesn't have the capacity to obtain water. Commissioner Cozad stated
there is water for 300 lots available, so Mr. Kelly could create the final plat with different phases. In
response to Commissioner Conway, Mr. Kelly reported there is enough CBT water to serve half the units.
Mr. Kelly stated they never intended to build 800 lots at once and it will be done in phases. eMr. Kelly
stated he has purchased additional water to move forward with the project. Commissioner Freeman
stated he supports giving Mr. Kelly until May 31, 2019, because he made progress and acknowledged
all the work Mr. Kelly has completed. Commissioner Cozad moved to grant an extension to June 3, 2019,
at 9:00 a.m. The motion was seconded by Commissioner Conway and, upon a roll call vot,e the motion
passed four to one with Commissioner Kirkmeyer opposed.
Minutes, August 6, 2018
Page 3
2018-2498
BC0016
PLANNING:
1) CONSIDER RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD: Michael Hall,
Department of Planning Services, presented the request for a two (2) lot Recorded Exemption on Lot B.
He presented a slide presentation and photos displaying the location of the parcel. He pointed out it is
located in the 100 -year floodplain and the Platte River flows through the southern portion of the parcel.
He explained the Town of Kersey has requested the applicant reserve a corridor for a future nature trail.
He stated Lot B contains a residence and several outbuildings and Lot A is vacant. In response to
Commissioner Conway, Mr. Hall stated Lot A will be in the floodplain and floodway according to the new
FEMA mapping. Ei Erica Arnold, applicant, stated Lots A and B are in the 100 -year flood boundary so
it isn't practical to expand. She explained Lot A has been used for recreational and business storage and,
since this lot is being labeled as a floodpath it will be hard to insure the property. In response to
Ms. Arnold, Commissioner Kirkmeyer stated the mapping revision project is not done by the County; it is
a FEMA project. Ms. Arnold stated she would like to sell Lot A to purchase another lot that will be out of
the flood path, to move her business storage. In response to Commissioner Conway, Mr. Hall stated a
standard building permit could be obtained if built out of the floodplain, and if there is building to occur in
the floodway the applicant would need to obtain a Flood Hazard Development permit. He stated once the
lot is designated as a floodway the applicant would have to obtain a Letter of Mapping Revision (LOMR)
from FEMA. Commissioner Kirkmeyer stated if the County were to allow building to occur in a floodplain
or floodway it would hamper the ability of anyone in the County to obtain insurance. Mr. Barker stated
the floodway or floodplain isn't criteria of the determination of a Recorded Exemption. In response to
Commissioner Cozad, Mr. Hall stated it is impractical to have a PUD or minor subdivision. She stated
there is engineering that can be done to elevate the site out of the floodplain. He displayed a photo of the
accesses and stated the Department of Public Works requires a shared access. In response to
Commissioner Cozad, Evan Pinkham, Department of Public Works, stated the ADT is 640 vehicles per
day, with 27% trucks. Commissioner Conway stated the extenuating circumstances for this request is a
PUD or a minor subdivision are not an option. Commissioner Freeman stated the Department of Planning
Services is denying the Recorded Exemption because it doesn't meet the 35 -acre minimum requirement,
but he supports the Recorded Exemption overall. Commissioner Cozad stated the appellant is limited to
the options of the property. She stated any future owner of the property understands they are located in
the floodplain and there needs to be a shared access because of the traffic on CR 388. Mr. Pinkham
stated there could be an easement on Lot A, for the access to Lot B. Commissioner Kirkmeyer stated
proposing a recreational lot and not residential. el Commissioner Cozad stated she will approve the
Recorded Exemption with a shared access. In response to Mr. Pinkham, Commissioner Cozad stated
the current access will be the approved access point. Mr. Barker explained the Board does not have to
make the determination of the shared access point. Commissioner Cozad suggested removing COA #1.
A, and allowing the applicant to work with the Town of Kersey on the trail. Commissioner Conway moved
to approve said Recorded Exemption, which was seconded by Commissioner Freeman. Commissioner
Kirkmeyer stated she supports the Recorded Exemption but does not believe there are extenuating
circumstances; however, the Lot isn't a buildable lot. Commissioner Cozad stated the extenuating
circumstances are the applicant has limited options for the lot, but it is a buildable lot because it isn't in
the floodplain as shown on the map. Commissioner Conway acknowledged Ms. Arnold voluntarily closed
an access point and recognized the safety issue it presented. There being no further discussion, the
motion carried unanimously.
2) FIRST READING OF WELD COUNTY CODE ORDINANCE #2018-03, IN THE MATTER OF
REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 2 CHAPTER ADMINISTRATION,
CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS (HISTORIC
TOWNSITE), OF THE WELD COUNTY CODE: Tom Parko, Director of the Department of Planning
Services, presented a brief summary on the background of the Code which deals with historic townsites.
He commended the Departments of Public Works, Public Health and Environment, County Attorney's
Minutes, August 6, 2018
Page 4
2018-2498
BC0016
Office, and the Department of Planning Services for all their hard work on this matter. Michelle Martin,
Department of Planning Services, presented an overview of the changes to the Code. She stated,
Chapter 24, Article IV, will combine the processes of a Resubdivision into a streamlined process. She
stated they added a provision which will allow the Department of Planning Services to issue an address
if there is a Weld County Oil and Gas Location Assessment (WOGLA). Dawn Anderson, Department of
Public Works, gave an overview of Chapter 8, which cleaned up the language that deals with signage
and roads. Lauren Light, Department of Public Health and Enivornment, presented the changes to
setbacks for property lines regarding water and sewer lines and stated the department is requiring
submittal of a Master Site Plan. No public input was offered concerning this matter.
Commissioner Kirkmeyer moved to approve Code Ordinance #2018-03 on First Reading. The motion,
which was seconded by Commissioner Conway, carried unanimously.
3) FIRST READING OF WELD COUNTY CODE ORDINANCE #2018-05, IN THE MATTER OF
REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26
REGIONAL URBANIZATION AREAS (PIPELINES), OF THE WELD COUNTY CODE: Mr. Parko
reviewed the background and process for regulation and standards regarding natural gas, petroleum,
and other types of gathering, flow pipelines. He stated there were several productive stakeholder
meetings. Ms. Martin presented an overview of the Code changes, including the addition of a definition
for flow lines and they will be indicated on the map component. She reported a new process called
Location Assessment for Pipelines (LAP). She stated staff just received the industry comments last Friday
and would like to continue to work with them to address their concerns. In response to Commissioner
Cozad, Ms. Martin stated they are requiring plans and profiles during the right-of-way process.
Ryan Seastrom, representative from the Colorado Oil and Gas Association (COGA), thanked the
Commissioners for involving the industry in the Code Ordinance process. He stated he believes the
Administrative approval process will streamline the process; however, COGA has concerns with the LAP
process, specifically the pipeline depths under the roadways. He suggested a phasing in -period, so the
companies can adjust to the requirements. He expressed concerns with the inability to begin construction
until all rights -of -ways are secured, which may cause significant delays. In response to Commissioner
Cozad, Mr. Seastorm stated his understanding is construction can only be started within the rights -of -
way which have been secured. Mr. Seastorm stated he is not familiar with the USR process in the relation
to rights -of -way. In response to Chair Moreno, Mr. Seastorm stated COGA's membership consists of 300
companies and a majority operate in Weld County.
Doug Dennison, representative of High Point Resources, stated he supports Mr. Seastorm's
comments and stated this process will involve landowners in the process. He stated there needs to be
more discussion about the depths for pipelines and expressed his concern with the section line crossing.
He stated the different depth requirements could pose potential issues with the operation of the pipeline,
if there is a low spot in the pipe it may change the velocity. In response to Commissioner Kirkmeyer, Mr.
Dennison stated the requirement is the pipe must be five (5) feet below the ditch. He stated the pipe is
usually located below the 10-12 feet under the roadway.
Jeannette Jones, representative of Noble Midstream, presented her concerns with the changes in
the Code, with the most concerning being there is no official cut-off date for the implementation of the
LAP requirements. She inquired when the LAP process will be implemented because they have one
project which needs to be done during the winter months; so they don't impact the crops. She suggested
the projects that have been previously approved by a USR be grandfathered in, so they are able to stay
within the already established timeframe. She proposed a compromise to grant the operator a waiver and
make the pipeline operator pay the costs to relocate the pipe if there is roadway construction. She stated
flowline information should be available to the public. In response to Commissioner Kirkmeyer, Ms. Jones
stated they haven't come up with a proposed depth which they are ready to recommend. Ms. Jones
clarified they have technical data that states the depth of three (3) to five (5) feet is sufficient under a
roadway to protect the pipelines and are coming up with a practical depth where the bending radius of
Minutes, August 6, 2018
Page 5
2018-2498
BC0016
the pipe has been considered. Commissioner Cozad stated the Department of Public Works wants the
other utilities along the corridor taken into consideration. El In response to Commissioner Conway,
Elizabeth Relford, Department of Public Works, stated CDOT's five (5) foot depth requirement is for the
frostline and will make the pipeline owner come up with a justification why the depth should be less than
five (5) feet.
Dennis Hoshiko, resident of Greeley, stated the proposed changes are deficient because they
exclude the natural gas pipelines, which are less than 12 inches diameter. He stated the pipeline
easements are a width of 60 feet and the land becomes unusable. Mr. Hoshiko proposed Natural Gas
pipeline limitations be eliminated so all natural gas pipelines are included. He suggested replacing the
word "companies" with "owners" in Chapter 23, as well as adding "and ditch easements." He stated the
depth requirements for pipelines are regulated for safety. He stated CDOT required the pipeline
constructed by the Saddle Horn facility to be at least 20 feet deep below the roadway. In response to
Commissioner Cozad, Mr. Hoshiko stated the unincorporated ditches are owned by several individual
entities. He stated the ditches can be several miles long and maybe owned by multiple entities, with only
the owners impacted where the pipeline crosses. Commissioner Conway clarified the term "companies"
and "effective owners" should be included in the Code. ID In response to Commissioner Cozad, Ms.
Martin confirmed the Second reading of Code Ordinance #2018-05, is scheduled for August 29, 2018.
Commissioner Kirkmeyer suggested the second reading be continued if needed, because there needs
to be further discussion about the requirements for depth regulations. She requested additional
information concerning how CDOT determined depth along U.S. Highway 34. She acknowledged the
deeper the pipeline, the more impact it has the property owner, and she has concerns with the impact
the pipelines could have on irrigation ditches. Commissioner Kirkmeyer stated it is important to be
involved in the depth requirements concerning irrigation ditches. She suggested having a start date for
January 15, or February 1, 2019, for the implementation of the LAP process. Commissioner Freeman
stated the property owners don't want pipelines crossing all over their property. Commissioner Cozad
stated if the projects are in progress and the owner can show this then they won't have to obtain a USR
and there needs to be an implementation date. Commissioner Conway stated he would like the
Department of Planning Services to bring the number of pending USR's concerning pipelines.
Commissioner Kirkmeyer suggested staff review the implementation date of the LAP, as well as when
pipelines become an administrative revie/approval process. Commissioner Cozad moved to approve
Code Ordinance #2018-05 on First Reading. The motion, which was seconded by Commissioner
Conway, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2018-03 and 2018-05 were approved on First Reading.
Minutes, August 6, 2018
Page 6
2018-2498
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 11:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dizA44)140;e1
Weld County Clerk to the Board
BY
uty Clerk to the Board
St Moreno, Chair
arbara Kirkme
Sean P. Conway
ulie A. Cozad
Mike Freeman
Minutes, August 6, 2018
Page 7
2018-2498
BC0016
ATTENDANCE LIST
DATE: 7I tp
NAME - PLEASE PRINT LEGIBLY
EMAIL
t I
ADDRESS
COUNTY OF RESIDENCE
SPEAKING? (Y/N)
yfk it N IT 7
.cc,-,
gita 11
W E, [
b
_,,yzz)
-Il°c n n �-(- f e , �0/1 cS
e6 4fi e . en c s a 5Livi ,
) 6, 2,5--- ar6c1,1,0, I S'-' Z-26-°
.y,,, . U,,v, D0 M.41 r'o (),.,21),-.)
De /1 V e r—
nt,J
N - ,v\ v\ ,S (US
row\
cAin .... A 7)1 Cor . o
u(7irAa, ii. Si- C.l1
i::rhvrr Cb Z 12-022.
L 0 trtAl
P S
�. v., 5>�
�• ��ti�:5� �r�s - cow.rr
(o7 wC�3'
le Cc' �'
L Id
4.-.'s-
- r J
,y
Kc i= I i I I K �((
czoc, (7 L SJ sU, ,
-'7-0 P-yt,(/ , P
Vi42 s
Hello