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Home My WebLink About20170422.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 8, 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, February 8, 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 -Tern Commissioner Sean P. Conway - EXCUSED Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of February 6, 2017, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. • AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add item 7) Consider ALEX License Agreement for Benefits Counselor and Financial Wellness Software and authorize Chair to sign — Jellyvision Lab, Inc., under New Business and renumber. Commissioner Freeman seconded the motion, and it carried unanimously. • CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PRESENTATIONS: • 1) RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL - BRECHEN SANTERAMO AND WILLIAM ERICKSON: Chair Cozad read the presentation for the record recognizing Ms. Santeramo and Mr. Erickson for their voluntary contributions as members of the Extension Advisory Council. Keith Maxey, Extension Office, thanked Ms. Santeramo and Mr. Erickson for their input and guidance while serving on the Council. Each one of the Commissioners expressed their appreciation for their work and time given to the residents of Weld County. Minutes, February 8, 2017 Page 1 2017-0422 BC0016 I 2) RECOGNITION OF SERVICES, BOARD OF PUBLIC HEALTH - JON SCHWARTZBAUER: Chair Cozad read the certificate for the record recognizing Mr. Schwartzbauer for his voluntary commitment to the Board of Public Health. 3) RECOGNITION OF SERVICES, 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD - MARK JONES: Chair Cozad read the certificate for the record recognizing Mr. Jones for his voluntary contribution to the 911 Emergency Telephone Service Authority Board. • 4) RECOGNITION OF SERVICES, REGIONAL COMMUNICATION ADVISORY BOARD - MARK JONES, CARL HARVEY AND HUGH KANE: Chair Cozad read the certificates for the record recognizing the three (3) individuals for their voluntary contributions. Commissioner Kirkmeyer thanked them for their outstanding contributions to the residents of Weld County. El PUBLIC INPUT: No public input was given. • COMMISSIONER COORDINATOR REPORTS: Commissioner Freeman went to the Extension Office located at CSU. Commissioner Moreno thanked the Department of Public Safety Communications for their professionalism and efficient response during the recent ice storm and for assisting residents of Weld County. He also extended his appreciation to all First Responders for their quick response time. He re orted attending the Bullseye Mayors' meeting. Lastly, he attended the Island Grove Advisory Meeting. Commissioner Kirkmeyer extended an invitation to the Highway 85 Coalition meeting in Brighton. . E1 Chair Cozad stated she had a lot of meetings with regards to the Extension Office, and next year will be the 100 year anniversary of the Weld County Fair. She attended the MPO Meeting and, lastly, reported attending the City of Greeley Council Meeting. Commissioner Kirkmeyer also thanked staff for their work during the recent storm. BIDS: • 1) PRESENT BID #B1700039, GEOTECHNICAL TESTING SERVICES - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of the Department of General Services, presented the six (6) bids and stated staff will bring back a recommendation on February 22, 2017. NEW BUSINESS: 1) CONSIDER EXPENDITURE AUTHORIZATION FOR JOBS FOR VETERANS STATE GRANT AND AUTHORIZE CHAIR TO SIGN: Chair Cozad reviewed the terms of The Jobs for Veterans State Grant which will be used to cover the overhead and operational cost -associated with the State Disabled Veterans Outreach Program staff that provides services at the Weld County Employment Services. Commissioner Kirkmeyer moved to approve said Expenditure Authorization and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. • 2) CONSIDER TEMPORARY CLOSURE OF CR 66 BETWEEN CRS 39 AND 41 AT .7 MILE EAST: Janet Lundquist, Department of Public Works, presented the closure effective February 27, 2017, through March 3, 2017, and stated staff will use message boards in advance. Commissioner Moreno moved to approve said closure. The motion was seconded by Commissioner Freeman, and it carried unanimously. ei 3) CONSIDER TEMPORARY CLOSURE OF CR 66 BETWEEN CRS 39 AND 41 AT .9 MILE EAST: Ms. Lundquist reviewed the terms of the closure effective March 6, 2017, through March 10, 2017, to replace an irrigation culvert. She explained when replacing irrigation culverts, it is a little more difficult to accommodate the users of the closure. In response to Chair Cozad, she stated the message board will Minutes, February 8, 2017 Page 2 2017-0422 BC0016 display both closure dates and will be kept out the entire construction period. Commissioner Moreno moved to approve said closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 4) CONSIDER APPOINTMENTS, REAPPOINTMENT, AND REASSIGNMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner Kirkmeyer moved to approve said appointments, reappointment, and reassignment to the Regional Communications Advisory Board. Seconded by Commissioner Freeman, the motion carried unanimously. • 5) CONSIDER REAPPOINTMENT TO EXTENSION ADVISORY BOARD: Commissioner Freeman moved to approve said reappointment. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 6) CONSIDER APPOINTMENT AND REAPPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Commissioner Freeman moved to approve said appointment and reappointment. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. El 7) CONSIDER ALEX LICENSE AGREEMENT FOR BENEFITS COUNSELOR AND FINANCIAL WELLNESS SOFTWARE AND AUTHORIZE CHAIR TO SIGN - JELLYVISION LAB, INC: Staci Datteri- Frey, Department of Human Resources, reviewed the terms of the agreement which will be a portal for benefits education that employees will be able to access 24/7. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. • 8) CONSIDER JOINT MOTION AND STIPULATION TO APPROVE SETTLEMENT AND DISMISS REMAINING CLAIMS IN THE CASE OF HIGH PLAINS LIBRARY DISTRICT, ET AL., V. WELD COUNTY, ET AL., AND AUTHORIZE COUNTY ATTORNEY TO SIGN: Bob Choate, Assistant County Attorney, recommended approval of the stipulation which will resolve all the claims in High Plains Library District litigation. He stated the City of Greeley and City of Evans approved this already and the remaining jursdictions will be considering similar documents this week. Each one of the Commissioners thanked Mr. Choate and Bruce Barker, County Attorney, for their dedication and hard work to get this settled. Commissioner Kirkmeyer moved to approve said joint motion and stipulation and authorize the County Attorney to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. PLANNING: 1) CONSIDER ACCEPTANCE OF PAYMENT FOR CR 13 RAILROAD CROSSING REPLACEMENT IN ACCORDANCE WITH PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY - MARTIN MARIETTA MATERIALS, INC.: Ms. Lundquist requested the Board approve the payment, in the amount of $178,528.00, from Martin Marietta Materials for the Union Pacific Railroad/County Road 13 Project. Commissioner Moreno moved to approve said acceptance of payment. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 2) CONSIDER PROBABLE CAUSE HEARING CONCERNING AMENDED USE BY SPECIAL REVIEW PERMIT, AMUSR-686 - MARTIN AND JOHANNA BANGMA 1989 TRUST/MILE HIGH DAIRY, LLC: Chris Gathman, Department of Planning Services, stated the purpose of the hearing is to review case number AMUSR-686 for compliance with the Development Standards that were approved by the Board on May 21, 2008, to determine if probable cause exists to hold a Show Cause Hearing. Mr. Gathman gave the history concerning the parcel and displayed a slide presentation. He explained staff received a complaint on September 27, 2016. Minutes, February 8, 2017 Page 3 2017-0422 BC0016 Mr. Gathman reported that staff has visited the site multiple times, but they were unable to verify the presence of trash in the ditches, or dust. He displayed the amended USR plat maps and aerial map and clarified that the second access has been closed. Mr. Gathman outlined the possible actions that can be taken by the Board and stated staff recommends having a Show Cause Hearing after waiting 60 days so the owner has time to plant trees. In response to Commissioner Kirkmeyer, Mr. Gathman stated the County is holding $20,000.00 in collateral for landscape screening, and the County has not enforced the Improvements Agreement. Eti Ms. Lundquist stated that County Road 45 has become an arterial roadway and the traffic count is 1,061 vehicles per day, with 12 percent truck traffic. She explained as part of the Amended USR application, one requirement from the Public Works Department is to close the southernmost access point. In the past five (5) years Public Works received complaints about the location concerning tracking sludge on the roadway and noxious weeds which were all taken care of at the time of the complaint. In response to Commissioner Kirkmeyer, Ms. Lundquist stated there is a Development Standard that is related to the tracking on the roadway, and she will do some research to find out which development standard that is. Ben Frissell, Department of Environmental Health, presented the results from the inspection and stated staff did not find anything that would cause concern. He stated in regards to the raw milk being spilled on the land that this is not a waste product and can be a nutrient to the land. He addressed the other complaints and stated they are a non -issue with the Health Department. Tim Naylor, with AGPROfessionals and representative of the Bangmas, displayed a slide presentation and reported that Mile High Dairy agrees that they are in noncompliance with the landscaping requirements. He stated they made attempts to plant trees in 2011, and then requested the collateral be released which was not. He stated they requested the collateral be released again in 2015, but the trees they planted did not survive the drought, so it was not released at the time. He explained he didn't believe screening to the North was necessary, because the nearest neighbor is over 1,000 feet away. He received notice that they were in violation of the landscaping requirements and for having the calving huts outside the USR boundary. He requested that the Board remove the requirement from the USR to plant trees as screening. El Dennis Ruff, adjacent property owner, stated the Department of Planning Services staff comes out to inspect after the Dairy cleans up the parcel. He stated they didn't care properly for the trees and suggested the collateral be kept for the property until the trees are replaced. He expressed his frustration with the poor property management, the trash that blows onto his property and the trucks on County Road 5. In response to Commissioner Kirkmeyer, Mr. Ruff pointed out his property on the map and stated he doesn't want to see any of the waste and would like to keep the debris off his property. He would like the Dairy to plant more trees and have some fencing to come up with a solution to control dust and trash. El In response to Commissioner Freeman, Mr. Ruff stated he would like some kind of screening to block his view of the calving huts on the northwest corner of the USR. a In response to Commissioner Moreno, Mr. Ruff stated the dairy operator would run over the trees with farm equipment and there wasn't any watering system available to water the trees. He stated he would be fine with a fence and trees put up. Mr. Naylor stated Mr. Bangma does his best to be a good neighbor and address the concerns from Mr. Ruff, and makes efforts to remedy the problem. Mr. Naylor presented the reasons he would like the Board to remove trees as a requirement for screening. He requested the Board review the plan and ask that the collateral be released. El Ms. Lundquist, after research, responded the tracking control requirement isn't actually addressed in the use. El In response to Commissioner Kirkmeyer, Mr. Barker stated there is an opportunity for the Board to have interpretation of the Development Standards. Commissioner Kirkmeyer stated she is unwilling to Minutes, February 8, 2017 Page 4 2017-0422 BC0016 release the collateral, and also believes that the items that occur outside of the USR are not a violation of the USR. She addressed Development Standard #26 and stated staff should have been enforcing the Improvements Agreement and would like to see Mr. Bangma work with the neighbors and have some landscaping. She suggested there doesn't need to be screening on the north side of the USR but would like there to be more screening on the south. She suggested referring this matter back to staff to review the Improvements Agreement. Mr. Gathman addressed the calf huts and stated they are related to the operation; and as such, are approved under the current USR. Chair Cozad agreed as long as they meet the the Use by Right requirements of the number of animals per acre they are in compliance. She clarified in the past, the Board allowed a USR on a portion of the property, so the USR didn't have to cover the entire property. El Mr. Naylor requested reviewing the section of the Code which addresses partial vacation of a USR because he believes this can be challenging for the Department of Planning Services staff. Commissioner Kirkmeyer stated this isn't really part of the hearing, but she wanted to make knows that even though there is a Use by Right under a USR, the applicant is still bound by the Conditions and the Development Standards of the USR for the Use by Right. Commissioner Freeman moved to dismiss said Probable Cause Hearing. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Commissioner Kirkmeyer clarified for the Board to review that there are still issues that need to be addressed, and directed staff to review and revise an Improvements Agreement She suggested Mile High Dairy work with the neighbors to establish a good landscape and screening plan that can be implemented and meet the goal of being a good neighbor. Commissioner Freeman expressed the importance of being a good neighbor. 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 10:36 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d4tritod G: : &k; Weld County Clerk to the Board BY' ep I, Julie A. Cozad, Chair ,),)„ze;,. Steve Moreno, Pro -Tern uty Clerk to the Board�Iz EXCUSED ti. :zippis Sean P. 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