HomeMy WebLinkAbout20171191.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 1,2017
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, May 1, 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 - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Amanda Petzold
Controller, Barbara Connolly
el MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 26, 2017, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
el CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on April 26, 2017, as follows: 1) USR16-0041 — The Bramming Family Trust and
John G. Bramming Trust II, do Mary Alice Bramming, Trustee, c/o Hunt Brothers Properties, Inc./Asphalt
Specialties Company, Inc., and 2) PUDZ17-0001 — Highland Farms Homeowners Association, do Chris
Crotzer, HOA President. Commissioner Freeman seconded the motion, which 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 Kirkmeyer seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Steve Teets, Greeley resident, referenced an article from the Greeley Tribune
regarding the City of Greeley's ozone layer and its pollution. He stated, in the past, Weld County was
rated much higher than today, and he inquired why this has dropped. He stated the rating in the article
was given by the American Lung Association. Trevor Jiricek, Director of Environmental Health, stated the
monitor in Weld County has attained compliance for the last several years, though he does not know
what rationale goes into the American Lung Association's rating system. Mr. Jiricek stated the County's
monitor has not exceeded the standards, but along the Front Range, as a regional capacity, some
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monitors have not attained compliance. Chair Cozad assured Mr. Teets that the County is in compliance.
Mr. Teets also commented on the relocation of the Veteran's Clinic, and he commented on an editorial
printed in the Greeley Tribune which covered this topic in a positive perspective. He shared his
perspective and stated this will cause many hardships within the Veteran community. He shared concerns
over the Disabled American Veteran (DAV) providing transportation from Cheyenne to Denver for
Veterans, since the DAV Denver stores may be closing. He added the thought, if the DAV shuts down
locations, then their assistance in transportation will no longer be available. Mr. Teets requested support
of the Board to keep the Veterans Clinic here in Greeley, which will avoid hardship for residents living in
the eastern cities of Weld County. eChair Cozad stated there have been discussions regarding the
Greeley clinic, but advised it is in the hands of the Federal Government. She further advised of non-profit
organizations which have offered to aid in transportation of Veterans to the Loveland clinic. Mr. Teets
inquired when the next Metropolitian Planning Organization (MPO) meeting is scheduled and
Commissioner Conway provided the details.
BIDS:
El 1) APPROVE BID #61700079, WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) -
ONE STOP OPERATOR - DEPARTMENT OF HUMAN SERVICES, WORKFORCE DEVELOPMENT
BOARD: Trevor Jiricek, Director of General Services, requested this matter be moved out to
May 31, 2017. The motion to approve said continuance of bid, which was made by Commissioner
Conway, and seconded by Commissioner Kirkmeyer, carried unanimously.
2) APPROVE BID #B1700078, CENTENNIAL CENTER SIDEWALKS - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Jiricek stated one (1) bid was received and staff recommends
awarding to the bidder, Growling Bear, for the total amount of $1,476,321.00. Toby Taylor, Director of
Buildings and Grounds, stated the project was bid twice and only one bidder was willing to complete the
project and meet the specifications. Commissioner Freeman moved to approve staff recommendation.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
3) PRESENT AND APPROVE EMERGENCY BID #B1700093, CERTIFIED ELECTRONIC
VOTING SYSTEM - CLERK AND RECORDER'S OFFICE: Mr. Jiricek stated a single proposal was
received for this bid from Dominion Voting Systems, for the total amount of $496,496.74. He stated staff
recommends approval, and Weld County Clerk and Recorder requests emergency approval. Carly
Koppes, Clerk and Recorder, stated the equipment is needed for the State of Colorado's mock election
in July. She stated the Secretary of State will approve a certain number of counties to have the new
equipment, and in order to be considered, Weld County needs to approve the bid so that the application
for said system can be sent in. She advised receiving the equipment early will allow for the Election
Department to properly learn the system prior to the mock election in July. Additionally, she stated staff
of the Election Department will be attending a training this Friday. Lastly, she advised the current system
the County uses will no longer meet compliance; therefore, a new system must be chosen and learned
prior to July. After discussion between the Board and Ms. Koppes, it was decided to treat this bid as a
present to follow the normal procurement procedure and allow more time for work sessions and
discussions. Staff and the Board will review the bid and bring back for approval on May 15, 2017.
El 4) PRESENT BID #61700091, MATERIAL HAULING - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek stated staff received three (3) bids, and will review and bring back a recommendation on
May 15, 2017.
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• 5) PRESENT BID #61700096, GRADER BLADES - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek stated staff received seven (7) bids, and will review and bring back a recommendation on
May 15, 2017.
• 6) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(SE1/4, S34, T9N, R60W - 66.9722 ACRES): Barbara Connolly, Controller, stated there are bidders for
all three (3) parcels. She stated Verdad has submitted bids for all three (3) parcels, and they have a
representative present, who was sent without the certified funds. Verdad requested to either wire funds
or overnight funds if the bid is won; however, the County Code states certified funds are necessary.
Commissioner Conway inquired of Bruce Barker, County Attorney, who stated procedurally it is not a
problem, and he advised to allow Verdad to participate in the auction. Chair Cozad confirmed participation
of Verdad in the bids. Ms. Connolly held an oral auction between the two bidders and awarded to the
highest bidder, Morning Gun Exploration, for the total amount of $960.00 per mineral acre. Commissioner
Kirkmeyer moved to approve the lease and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
• 7) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(S1/2, S34, T5N, R61W - 320 ACRES): Ms. Connolly advised three bidders submitted and the County
Code states the top two (2) bidders can participate, and any others within 10% of the top bid can also
participate. Since the third bidder was not within 10% of the high bid, it was removed from the bidding
process. Ms. Connolly held an oral auction between the two bidders and awarded to the highest bidder,
Bonanza Creek, for the total amount of $3,000.00 per mineral acre. Commissioner Freeman moved to
approve the lease and authorize the Chair to sign. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
• 8) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(N1/2, S14, T4N, R63W - 320 ACRES): Ms. Connolly stated four (4) bids were submitted, but since the
bottom two (2) bids were not within 10% of the highest bid, only the top two participated in the bidding
process. Ms. Connolly held an oral auction between the two bidders and awarded to the highest bidder,
Bonanza Creek, for the total amount of $12,550.00 per mineral acre. Commissioner Kirkmeyer moved to
approve the lease and authorize the Chair to sign. The motion was seconded by Commissioner Conway,
and it carried unanimously.
NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #1123 LICENSE AGREEMENT FOR KITCHEN FACILITIES
ACCESS AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT 6: Deputy
Brandon Cody, Sheriff's Office, stated several options were reviewed for off -site kitchen services during
the construction of the North Jail Complex kitchen. He stated staff recommends Jefferson High School
for the off -site location. Commissioner Kirkmeyer thanked him for the pass around on this item, and
moved to approve said license agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
• 2) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR MARCH, 2017, AND AUTHORIZE CHAIR TO SIGN: Wendy Bailey, Veterans Office,
submitted the monthly report which indicated 739 calls and 609 walk-ins for the month of March. She
reviewed some of the events the Veterans Office has held and mentioned upcoming events. Ms. Bailey
stated the Veterans Office is working with volunteers and non-profit organizations to assist Veterans with
transportation to and from the clinics, which addressed Mr. Teets' comments from Public Input.
Commissioner Conway moved to approve said monthly report and authorize the Chair to sign. Seconded
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by Commissioner Kirkmeyer, and the motion carried unanimously. Chair Cozad thanked Ms. Bailey for
her time put into the events.
3) CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES FOR A CHANGE OF
MANAGER AND AUTHORIZE CHAIR TO SIGN - VIPER 2, INC., DBA BORDERLINE: Frank Haug,
Assistant County Attorney, stated the owner of the facility will also be the manager. He stated there are
no concerns. Commissioner Conway moved to approve said permit application and authorize the Chair
to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously.
• 4) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN - RUSSELL JUSTICE
AND JULEE REYNOLDS: Cameron Parrott, Department of Public Works, stated this item is a very small
acquisition of .07 acres, and the contractor for the County Road (CR) 49 project, Interstate Highway
Construction, Inc., is responsible for payment. Mr. Parrott stated the total compensation amount is
$2,015.00, which includes $500.00 for the minimum land value, a $465.00 signing incentive, and
$1,050.00 for relocation of pipe and cable. Commissioner Freeman moved to approve said agreement
and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 36 BETWEEN CRS 49 AND 53: Janet Lundquist,
Department of Public Works, stated the road closure is scheduled for May 30, 2017, through
June 2, 2017, for a culvert replacement. The motion to approve said temporary road closure, which was
made by Commissioner Freeman, and seconded by Commissioner Conway, carried unanimously.
• 6) CONSIDER TEMPORARY CLOSURE OF CR 39 BETWEEN CRS 74 AND 76: Ms. Lundquist
stated the road closure is scheduled for May 16, 2017, through May 19, 2017, for a culvert replacement.
The motion to approve said temporary road closure, which was made by Commissioner Conway, and
seconded by Commissioner Kirkmeyer, carried unanimously. Ms. Lundquist mentioned the upcoming
public meeting for the US Highway 34 PEL (Planning and Environmental Linkage), which will encourage
public involvement.
PLANNING OLD BUSINESS:
• 1) CONSIDER ZONING PERMIT, ZPTT17-0002, FOR A TELECOMMUNICATIONS ANTENNA
TOWER - SAMAD AND SUSAN AGHAJANI: Ryder Reddick, Department of Planning Services, stated
the applicants have proposed to lease a vacant agricultural parcel of land to Verizon Wireless for the
purpose of building a 65 -foot monopole telecommunications antenna tower (plus a 4 -foot lightning rod)
and supporting equipment on an adjacent platform, to be located on the Subdivision Exemption
Lot (SUBX17-0002). Mr. Reddick described the proposed site and equipment, and explained the purpose
of the tower is to provide expanded wireless services in the West Greeley area. He stated staff
recommends denial of the request because the applicants do not meet the requirements of Section
23-4-890.C, since the City of Greeley has expressed concerns to the proposed site, because the location
has been identified by the City of Greeley as an important location by the City of Greeley's Entry Master
Plan, and acts as a "Gateway into the City." The City of Greeley also stated the location is in an enclave,
which is expected to be annexed into the city in the near future. Lastly, the City requested a stealth design
of the tower to make the least visual impact, if the Board approved the request. Mr. Reddick advised
since the review period ended, Mr. Brendan Thompson, representative for the applicants and Verizon
Wireless, reached out to the City of Greeley in an effort to help mitigate any issues the City may have
regarding the design of the tower. Mr. Reddick explained since the discussions between both parties,
alternatives have been agreed upon, which will have less of a visual impact. As a result, Brad Mueller,
City of Greeley Community Development Director, sent an email to Mr. Reddick which stated Verizon
Wireless has agreed to the changes in the design and site. Mr. Reddick stated Verizon Wireless has
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addressed all of the concerns mentioned by the City. = Mr. Thompson provided the details of his
discussion with Mr. Mueller, and stated the propose was to better comply with the City of Greeley's zoning
ordinances. He made an agreement with Mr. Mueller to shrink the base down to a 4 -foot base, substitute
the chain link fence with a cedar fence, and to select a color for the pole which will better comply to the
City's ordinances. Commissioner Conway asked how this pole will affect Verizon Wireless' customers.
Mr. Thompson stated this will provide better coverage along Highway 34 and up east into Greeley, to
cover new neighbors to the north and the west. = Mr. Teets asked the Board to address how this will
further aid with coverage beyond the City of Greeley. Mr. Thompson reiterated how the antenna will help
with coverage around the area and inside buildings. Chair Cozad asked Mr. Reddick if he considers
Verizon Wireless to have met the concerns of the City of Greeley with the implemented changes to the
design. Mr. Reddick stated the email received does state the changes were agreed upon, which he feels
does meet all of the concerns the City originally had. Commissioner Kirkmeyer requested changes to be
made to the conditions listed on the resolution: 1) change the term "local" to read "County" under the
fourth condition, 2) add language to the fifth condition to indicate the access is for the tower only, and
3) remove the additional information part of the twelfth condition, and place these as notes on the
Subdivision Exemption "SE" plat. Mr. Thompson agreed to the conditions and changes. Commissioner
Kirkmeyer moved to approve the zoning permit with revisions to the listed conditions of approval and
notes on the SE plat. Commissioner Conway seconded the motion, which carried unanimously.
PLANNING NEW BUSINESS:
1) CONSIDER REQUEST TO WITHDRAW APPLICATION FOR SERVICE PLAN, MET16-0001 -
PROSPECT VALLEY RESOURCES WATER METROPOLITAN DISTRICT: Michelle Martin, Department
of Planning Services, stated an email of withdrawal was received, and she read the email for the record.
She advised the applicant's intention is to reapply in the future, once the matter of the water replacement
element of the District Service Plan has been resolved. She stated the $500.00 application fee will not
be returned. The motion to accept said withdraw of application, which was made by Commissioner
Kirkmeyer, and seconded by Commissioner Freeman, carried unanimously.
2) SECOND READING OF CODE ORDINANCE #2017-03, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS
(WINDSOR/WELD DESIGN STANDARDS), OF THE WELD COUNTY CODE: Commissioner Kirkmeyer
moved to read Code Ordinance #2017-03 by title only. The motion was seconded by Commissioner
Conway, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Tom
Parko, Director of Planning Services, stated during the first reading there was discussion regarding
Appendix 19-F, which dealt with the addition of Windsor's Growth Management Area Map. He stated the
map is now included as part of the ordinance, per the Board's direction. He advised there have been no
other changes made since the first reading. No public input was given. Commissioner Freeman moved
to approve on Second Reading. The motion which was seconded by Commissioner Kirkmeyer, carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2017-03 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
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There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO • DO
ATTEST:
Weld County Clerk to the Board
BY
Clerk to the Board
Julie A. Cozad, Chair
EXCUSED
Steve Moreno, P Tem
Sean P. Conway
arbara Kirkmeyer iiCill
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