The URL can be used to link to this page

Browse Search

Home My WebLink About20173819.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 6, 2017 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, November 6, 2017, 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 Julie A. Cozad, Chair Commissioner Steve Moreno, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer - arrived at 9:05 a.m. Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly Ei MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of November 1, 2017, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. le PUBLIC INPUT: No public input was given. BIDS: ID 1) PRESENT BID #B1700141, TREE DISPOSAL SERVICES - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Department of Purchasing, presented the three (3) bids received and stated staff will bring back a recommendation on November 20, 2017. 2) PRESENT BID #61700142, ROOF REPLACEMENT (PROBATION BUILDING) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf reviewed the seven (7) bids received and stated staff will bring back a recommendation on November 20, 2017. OLD BUSINESS: I/off©I7 Minutes, November 6, 2017 Page 1 2017-3819 BC0016 (Clerk's Note: Commissioner Kirkmeyer arrived at 9:05 a.m.) 1) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 57 AT CR 20 (CONT'D FROM 10/9/2017): Don Dunker, Department of Public Works, stated staff reevaluated the Stop signs at County Roads 20 and 57 and presented seven (7) options for the Board to consider to make this intersection safer, as outlined in the staff memo. Mr. Dunker explained the sight distance is obstructed by trees for north -bound and west -bound traffic entering the intersection. In response to Commissioner Conway, Mr. Dunker explained purchasing right-of-way is one of the options to correct the sight distance concern. Commissioner Freeman clarified the concern was installing a traffic control device on a road that is not maintained by the County. Commissioner Kirkmeyer thanked staff for maintaining the safety of the traveling public and then moved to approve Option #1 Add a single Stop sign to the north -bound lane of CR 57. Seconded by Commissioner Conway, the motion carried unanimously. NEW BUSINESS: ei 1) CONSIDER CONTRACT ID #1447 AGREEMENT FOR VOCATIONAL ASSESSMENT AND COUNSELING AND AUTHORIZE CHAIR TO SIGN — NORTH RANGE BEHAVIORAL HEALTH: Jamie Ulrich, Department of Human Services, presented the agreement with North Range Behavioral Health to aid Colorado Works Families, by offering vocational assessments, placement, and counseling. Commissioner Kirkmeyer moved to approve said agreement and authorize Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. 2) CONSIDER CONTRACT ID #1448 AGREEMENT FOR VOCATIONAL ASSESSMENT AND COUNSELING AND AUTHORIZE CHAIR TO SIGN - TRANSITIONS PSYCHOLOGY GROUP, LLC: Ms. Ulrich presented the agreement with Transitions Psychology Group, LLC, to provide vocational assessments and counseling for the Colorado Works Families. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer and it carried unanimously. 3) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD RIGHT-OF-WAY - ROSE HOJIO: Frank Haug, Assistant County Attorney, reviewed the details of the petition and stated there has been no response from the City of Evans, and since it is adjacent to their right-of-way boundary, it would be best to get the City of Evans input. Mr. Haug recommended continuing this matter for two (2) weeks to allow the City of Evans to respond. Rose Hojio, applicant, stated the City of Evans recommended she apply for the Vacation of Right -of -Way. Commissioner Conway moved to continue this matter to November 20, 2017, and seconded by Commissioner Kirkmeyer, the motion carried unanimously. 4) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR CR 44 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - JOSE CERVANTES: Tiffane Johnson, Department of Public Works, reviewed the terms of the Deed of Dedication to satisfy a condition of approval required for Weld County Industrial Park Subdivision, MINF12-0001, and stated there is no compensation. Commissioner Freeman moved to approve said acceptance of Deed of Dedication and authorize the Chair to sign all necessary documents. The motion, which was seconded by Commissioner Conway, carried unanimously. El 5) CONSIDER CONTRACT ID #1528 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT- OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LARRY AND MARY MADISON: Cameron Parrott, Department of Public Minutes, November 6, 2017 Page 2 2017-3819 BC0016 Works, presented the agreement for Interstate Highway Construction to purchase .03 acres from the Madison's to accommodate the design of the County Road 49 project. Commissioner Conway moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Moreno and it carried unanimously. El 6) CONSIDER CONTRACT ID #1529 INTERGOVERNMENTAL AGREEMENT FOR SCOUR REPAIRS TO BRIDGE 2/25A (AKA ADAMS COUNTY BRIDGE ADA168-12.05070) OVER THE SOUTH PLATTE RIVER AND AUTHORIZE CHAIR TO SIGN - ADAMS COUNTY: Mr. Dunker presented the agreement between the County and Adams County, which outlines the responsibilities and cost for repairs that are needed on Bridge BR2/25A over the South Platte River. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Ei 7) CONSIDER ACCEPTANCE OF HIGHLAND FARMS SUBDIVISION INTERNAL ROADS FOR FULL MAINTENANCE: Jay McDonald, Director of the Department of Public Works, presented the request from the Highland Farms Subdivision for full internal road maintenance. He stated the Highland Farms Subdivision Homeowners' Association (HOA) is responsible for internal road maintenance. el Mark Williams, Highland Farms Subdivision resident and HOA Vice President, stated when he purchased his home in Highland Farms Subdivision he assumed the roads were maintained by the County and he stated the County maintained the roads from 2006 to 2010 and then stopped. Mr. Williams stated the road maintenance was discontinued when the 2009 plat was amended. In response to Commissioner Conway, Mr. Williams stated Saint Vrain School District representatives reported they only operate on County maintained roads. IE Tim O'Neil, Attorneys, stated he understands this is a discretionary review of the Board. When the Subdivision was built there was always an understanding that the developer would have the County take over the maintenance of the roads. He stated the HOA is requesting the County maintaining the roads the same as in 2006 to 2010. El Bob Choate, Assistant County Attorney, clarified the options to either deny or accept the request; however, if the Board decides to accept the request they need to continue the matter, because the Department of Public Works staff will need to core the road and test it. In response to Commissioner Kirkmeyer, Mr. McDonald stated in the original Intergovernmental Agreement from 2005, there was language referring to full maintenance, which was removed from the original document. He stated he has not been able to locate any other documents indicating public maintenance of the roads within the subdivision, with the exception of a large snow storm in 2006, when the County may have plowed snow in the subdivision. CI In response to Commissioner Kirkmeyer, Mr. Choate stated in 2005 the policies for the plats were in a transition period so the County, under certain circumstances, would maintain some internal roads. He reported there was never formal acceptance of the streets of the subdivision for County maintenance and the HOA was required in 2005. El Commissioner Kirkmeyer reported the plat does not indicate the County will maintain the internal roads and Mr. McDonald is reviewing all subdivisions to see why the County has done snow removal on Minutes, November 6, 2017 Page 3 2017-3819 BC0016 some internal roads. She stated there isn't evidence for the County to do maintenance, because there are notes on the plat that the HOA will maintain the subdivision roads. Chris Crotzer, President of the HOA and Highland Farms Subdivision resident, stated the internal roads were removed from the maintenance system in 2010. He reviewed Section 1.2 of the Highland Farms Homeowners' Association Covenants, which state the roads within the subdivision are dedicated to, and maintained by, Weld County; specifically, Highland Way and Highland Place. He stated the HOA was transferred to the Homeowners. Chair Cozad stated she needs more information before she can make an informed decision. Mr. McDonald clarified some subdivision roads that were added to the HUTF List around 2009, so these roads could have been on the list. He stated the subdivision roads are dedicated as public roads, but not dedicated for public maintenance. Commissioner Kirkmeyer clarified there is no Board resolution designating the County to maintain subdivision roads. Commissioner Conway stated he would like to review this and maybe have a work session and further discussion on this matter. Bruce Barker, County Attorney, explained it would be appropriate to have a work session and ensure all the public is informed of the time and place of the work session and hearing. Commissioner Freeman stated the County does not maintain internal roads in subdivisions and he thinks it would be helpful to have a work session. IR William Tempero, resident of Highland Farms, stated the developer invested a lot of money into the subdivision roads so the roads would be up to County standards. He stated all the homeowners thought the County would maintain the internal roads. In response to Chair Cozad, Mr. Tempero stated the developer transferred ownership to the HOA in 2010. Chair Cozad stated the Board has materials to review and would like to schedule a work session so this item needs to be continued. Commissioner Conway moved to continue this matter to November 20, 2017. Seconded by Commissioner Moreno, the motion carried unanimously. 8) APPROVE APPOINTMENT TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner Conway moved to approve said appointment. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Et 9) CONSIDER SECOND READING OF CODE ORDINANCE #2017-09, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION (SMALL TRACT OIL AND GAS LEASES), OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2017-09 by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title for the record and stated there were no changes since the First Reading. No public testimony was offered concerning this matter. eCommissioner Kirkmeyer moved to approve on Second Reading. The motion was seconded by Commissioner Freeman, and it carried unanimously. Minutes, November 6, 2017 Page 4 2017-3819 BC0016 (Clerk's Note: The Board recessed for at 9:59 and readjourned at 10:10 a.m.) OLD BUSINESS (PLANNING): IE 1) CONSIDER REVIEW OF CONDITION OF APPROVAL #1.C OF 5TH AMENDED USE BY SPECIAL REVIEW PERMIT, 5JMUSR17-83-542 - DCP OPERATING COMPANY, LLC (MEWBOURN GAS PLANT) (CONT'D FROM 11/1/2017): Patrick Groom, representative and attorney of applicant, submitted the elevations that were taken from five (5) perspectives and displayed photos of the properties. la In response to Commissioner Kirkmeyer, Mr. Groom stated the trees being planted will be eight (8) to ten (10) feet and will take about ten (10) to fifteen (15) years to reach mature height. ki In response to Commissioner Conway, Mr. Groom reiterated the trees will be eight (8) to ten (10) feet and the property to the southeast corner will be afforded the most immediate benefit, since they are looking down on the plant. He stated the properties that will see the least amount of screening will be the ones at lower elevations in relation to the plant. In response to Commissioner Kirkmeyer, Kim Ogle, Department of Planning Services, stated the landscaping meets the minimum intent and initially not much will be mitigated because the berm is ten (10) feet and the trees are ten (10) feet and there is a change in elevation so, it will be difficult to screen the plant because it sits on a hill. Mr. Ogle stated over time the trees will partially screen the plant, but because of the size of plant it won't be totally screened. El Chair Cozad explained the intent of the screening isn't to screen the entire plant, but to mitigate the aesthetics from the adjacent properties. TA In response to Chair Cozad, Mr. Groom stated the landscape architect recommended an eight (8) to ten (10) -foot tree which is most likely to survive in this climate and will grow the fastest. The likelihood hood of a larger tree surviving is less. le Mr. Ogle stated the USR map includes the requirement that the landscape will have regular maintenance. IN Mr. Groom stated the landscape will be put in after the facility construction is completed, so it will be spring or summer of 2018. In response to Commissioner Conway, Mr. Groom stated there will probably be a buffering effect from the landscaping. He stated, however; it doesn't matter how much landscaping is installed, the buffering effect is only a decibel or two. He further stated the only way to control the noise is to control it at the source. IE Commissioner Kirkmeyer clarified it will take ten (10) to fifteen (15) years before the landscape will be mature enough to provide screening. Mr. Groom stated there is immediate benefit to the houses in the eastern area, because they sit above the plant. He reminded the Commissioners that currently there isn't any visual relief to the homeowners around this facility. e Commissioner Freeman stated he agrees with planting the trees fifteen (15) feet apart and in a short period of time, trees that are maintained will provide significant screening. In response to Commissioner Conway, Mr. Groom clarified the applicant's costs of the landscaping and the construction of Mewbourn Minutes, November 6, 2017 Page 5 2017-3819 BC0016 project. In response to Commissioner Moreno, Mr. Groom stated the plan to plant trees is in the summer of 2018, if possible. Chair Cozad stated one of the requirements for Development Standards is the landscaping will be in place before the plant is operational. Mr. Groom stated there will be 230, eight (8) to ten (10) foot trees planted, as well as junipers, shrubs, grasses, fencing and the 50 -foot berm. He explained they will also have a fifteen (15) foot sound wall. Commissioner Freeman moved that the landscaping screening has been met, which was seconded by Commissioner Moreno. • Commissioner Kirkmeyer expressed her frustration with DCP Operating, LP, doing the minimum landscaping and does not believe they are being a good neighbor and she will be voting against this. El Commissioner Conway thanked the surrounding property owners for their participation. He stated the applicant made a good effort to mitigate the impacts to the neighbors and reported he will be voting in support of this. • Commissioner Moreno stated he hopes that DCP Operating Company, LP, will continue to work with the neighbors and will be supporting this item. • Chair Cozad thanked the surrounding property owners for their input and working with the applicant. She stated she believes the landscaping may not have a direct 100% impact right away, but it will in a short period of time. She expressed her appreciation of the applicant quickly gathering the information for the elevations. . = Upon a roll call vote, the motion passed four to one, with Commissioner Kirkmeyer opposed. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2017-09 was approved on Second Reading. Minutes, November 6, 2017 Page 6 2017-3819 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 10:38 a.m. BOARD OF COUNTY COMMISSIONERS WELD COIU,NTY, COLORADO ATTEST: det:a4A) Weld County Clerk to the Board BY: Doty Clerk to the Board Julie A. Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway ike Freeman Barbara Kirkmeyer Minutes, November 6, 2017 Page 7 2017-3819 BC0016 ATTENDANCE LIST DATE: 1 1 16 I 11 NAME - PLEASE PRINT LEGIBLY EMAIL ADDRESS COUNTY OF RESIDENCE SPEAKING? (YIN) A+Cei ti4(146c__ erCcMilieteic@eowro$1 ,Ke -7D& kiplc)q�r, t)e ! 2 G c,ort S /4f•-_ V1325 c.2 -3c 1tir(4O V 62.(e611 d 1� a r-lsori erAid jo�nso� 7330GM.q1 9 %(a,,2%�/GJCl1 �i�,�Sal/f Ca�o�n J-�.l d e �1 S Zeide- ?5 We /� �a,5"-hf' $14Ict-64)//fez $ h rM5 �9 S ky be�yvl C.o �+'� L6,4°4/613.44i° �e`d' O Dr_ -1,11 ) b G'U7,71 't- lb n ic►iptc31 ,per /4.311 Gf2 3�P/ de ---/Y-eQ-r Jec-r\ J-hsk --i'ere;det.1,4„- ey ,J,,,O,co� Ig '14"'c , 4-ss,k� �yS (�/�-1� .... -e —Dw e- 1-•/s46).-17 ag1 ( a,,,v4 -,:hilstboi, Ui,eS (ix Y'r l l';Thi, E.0A��1 ��D w1! eil,,,00,/ D aQW14.4 CG'„". lA yv K-,h/�/nr� /0/ Ce rio'L4 U( ivo f 1°_ANcol5 L .FEvE l fM yFF€UEP,E004A)c,(om i2.41 N! 6 iLAN.j PL W d IU(r Tr' Kel Ke F a ko ;f.cO� /z f(4i�kitz_ kkid NC H�IC �c�L i ,�� Z le rftut,O1,oki0A A 'i_j! v k W f (� Nc S \P*e. Ivlw! < c r Aw.t •044( k�e!l.04.. L�Cf I, �s• 1"o e, (� !( g1 K4bl1 Poe, j �jP n t J /�. d ,100 Y. 41c --) 0,-dze.--C. a c�f7Q�QIQ��.,,. rao IzyU 114(6.a0 (Alf o< Y , `( 7�cs 31O-1 Cif' /q PA • 0s-oly (-v 56.0 -e- VS- A P an4p4146 euucv eo 4k/. C, ATTENDANCE LIST //-6-.Roil ��-- �� -�9C��.1. i,E 4,'PL k it L _ � ADDRESS, CITY, ST,' ZIP `EMAIL �� ` COUNTY OF RESIDENCE? SPEAKING? (Y ( N) 9aO \ k i' 30 iftt` Akle Cree[r / c a 8063 i r -k.01 1,( �s--r o.4, cou X14 Na �/� n i4� - avvv' �� $70. poi J- w6t, a Rat 'et e-6, & ctp wt t d skeam • Cbtl ›l (I t, Ac `Gac.,/ 1 O O.ii 3d,14 .17/41A ., Cv-caL7, L.LJ eO63 1 of '1)(14" claipn+.i41$4rat w.C.. N. 461,4 K0- N:=' Hello