HomeMy WebLinkAbout20173594.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 18, 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, October 18, 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
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 16, 2017, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
READ ORDINANCE BY AUDIO: Commissioner Kirkmeyer moved to read Code Ordinance
#2017-08 and 2017-09 by audio. Commissioner Conway seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Chair Cozad presented corrections to the Schedule of Advisory Board
Meetings. The Noxious Weed Management Advisory Board was moved to October 12, 2017, and the
Human Services Advisory Commission meeting was cancelled. Commissioner Kirkmeyer moved to
approve the corrected Consent Agenda. Commissioner Moreno seconded the motion, and it carried
unanimously.
PUBLIC INPUT: No public input was given.
COMMISSIONER COORDINATOR REPORTS: Commissioner Moreno stated he went to the
Chamber Meet and Greet with the Towns of Milliken and Johnstown. He also met with the United Way
Collaboration Group for breakfast. Commissioner Kirkmeyer reported she met with Human Services staff
to discuss the Joint Budget Committee and issues related to the Child Weffare Program. She stated she
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and Commissioners Freeman and Moreno will meet with the residents of the Town of Grover to
encourage filling the vacancy for a Planning Commissioner. Lastly, she stated she met with the City of
Evans, in regard to a letter of support from them concerning the Highway 85 INFRA Grant.
Commissioner Freeman stated he was involved in the interviewing for the position for the High Plains
Library District and reported the committee chose Joyce Smock to fill the position. a Commissioner
Conway attended the annual E470 Budget workshop. He also attended the Leadership Breakfast, and
reported they had a large turnout. Commissioner Conway acknowledged the late George Underwood for
the contributions he made to Weld County. Chair Cozad reported visiting with the towns and citizens to
provide updates on the positive things that are happening in the County. She attended the Chamber of
Commerce for the Towns of Mead and Firestone. Chair Cozad reported the Project Connect event which
is scheduled for October 20, 2017, is short on volunteers. She stated it is a United Way event sponsored
by the City of Greeley.
NEW BUSINESS:
1) CONSIDER APPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY
BOARD: Commissioner Freeman moved to approve said appointment. The motion was seconded by
Commissioner Conway, and it carried unanimously.
2) CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD:
Commissioner Kirkmeyer moved to approve said appointments. Seconded by Commissioner Conway,
the motion carried unanimously.
3) CONSIDER APPOINTMENT AND REAPPOINTMENTS TO WELD FAITH PARTNERSHIP
COUNCIL: Commissioner Kirkmeyer moved to approve said appointment and reappointments. The
motion, which was seconded by Commissioner Conway, carried unanimously.
4) CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Kirkmeyer moved to approve said appointment. The motion was seconded by
Commissioner Conway and it carried unanimously.
IR 5) FIRST 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: Bruce Barker, County Attorney, stated this is to add Small
Tract Oil and Gas leases to the consent agenda. Chair Cozad stated if there is a reason for further review,
they can be presented as a New Business item. No public testimony was offered concerning this matter.
Commissioner Conway moved to approve Code Ordinance #2017-09, on First Reading. Seconded by
Commissioner Freeman, the motion carried unanimously.
PLANNING:
1) CONSIDER CONTRACT ID #1455 PARTIAL CANCELLATION AND RELEASE OF
COLLATERAL AND ACCEPTANCE OF ROAD MAINTENANCE COLLATERAL FOR USR-1690 - HP
FARMS HOLDINGS, LLC, CIO KERR MCGEE OIL AND GAS ONSHORE, LP: Evan Pinkham,
Department of Public Works, presented the request for release of collateral in the amount of $27,205.00
and for the Board to accept the road maintenance collateral in the form of a company check, in the
amount of $3,600.00. He stated the site improvements that were completed are for the access, and
include cattle guards and paving to the site. Commissioner Conway moved to approve partial cancellation
and release accept the collateral. The motion, which was seconded by Commissioner Moreno, carried
unanimously.
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2) CONSIDER APPEAL CONCERNING THE DECISION OF THE DEPARTMENT OF PUBLIC
WORKS TO DENY ACCESS PERMITS FOR SITE PLAN REVIEW, SPR17-0014 (LOT 5) AND SPR17-
0015 (LOT 8) - PECKHAM DEVELOPMENT CORPORATION/WELD COUNTY INDUSTRIAL PARK,
CIO MARK GOLDSTEIN: Elizabeth Relford, Department of Public Works, presented the denial of the
request for access permits at Lots 5 and 8, in the Weld County Industrial Park. She displayed a map of
the site in relation to U.S. Highway 85 and stated Niobrara Boulevard is privately maintained. She
reported the applicant has provided a traffic narrative for Lots 5 and 8; however, the study does not reflect
that County Road (CR) 44 has not been completed. Ms. Relford explained the connection to CR 44 has
not been completed; therefore, all the traffic for the subdivision is accessing the CR 33 intersection. She
stated the traffic study is not addressing the safety issue of traffic accessing CR 33. She reported the
developer was required to pave the rest of CR 33 and make improvements to the railroad crossing. Ms.
Relford presented the direction of the flow of traffic out of the subdivision; the traffic is not allowed to go
south and there is signage directing traffic to turn north only. In response to Chair Cozad, Ms. Relford
clarified the amount of traffic from the subdivision is triggering left turn lanes on CR 33.
Ms. Relford explained if a train blocks the intersection, traffic would have to be diverted to the south
which is not part of their haul route, and could exacerbate another safety issue. Commissioner Conway
clarified as part of USR agreement the applicant had to pave the road. Ms. Relford stated the application
for the SPR is for oil and gas equipment storage and there was a previously approved SPR, similar to
Lots 5 and 8, and approval of this access would increase traffic to allow an additional 60 trips per day.
She stated the safety concern comes from there not being enough information on the traffic narrative;
therefore, staff recommends denial of the Access Permit. In response to Chair Cozad, Ms. Relford
explained traffic increases with every SPR added, which creates safety issues.
In response to Chair Cozad, Ms. Relford presented the Improvements Agreement and stated the
original access permit is AP12-00008, which was used by staff to access the Weld County Grader Shed.
She stated each parcel has an access permit. Ms. Relford explained the requirements of the
Improvements Agreement and added the appellants are currently working with staff to get an updated
Improvements Agreement, but one has not yet been submitted.
Commissioner Kirkmeyer clarified 1,379 trips have been permitted and will be accessing CR 33.
Ms. Relford displayed photos of the Lots within the subdivision and the accesses. She stated the safety
concerns come from very specific movements of traffic. In response to Commissioner Freeman, Ms.
Relford stated the traffic going into the subdivision should turn left and traffic going out must turn right.
Commissioner Kirkmeyer explained the traffic from Weld County Industrial Park, is supposed to
travel to CR 42 where there is a traffic signal and safety improvements have been made. Ms. Relford
stated staff has observed the direction of truck traffic in and out of the subdivision. Commissioner
Kirkmeyer clarified there is a sign that forces all traffic to go north to the intersection at CR 33 and U.S.
Highway 85.
Mr. Barker clarified the matter being heard today is for an appeal to the denial for the Access Permits.
Mark Goldstein, appellant, introduced himself and announced there are several representatives from
Peckham Development Corporation available to answer questions. Mr. Goldstein presented slides giving
the history and timeline of the creation of the Weld County Industrial Park. He stated the updated
Improvements Agreement shows that 95 percent of the traffic is supposed to go north to U.S. Highway
85 and only five (5) percent of traffic should go south on CR 33. He reported they paved CR 33 when the
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triggers were met. He stated the railroad crossing was updated in May 2017, and presented the dates
when the improvements were done. He stated the County issued them an Industrial Access Permit.
irm
IN Jim Martel, representative of Weld County Industrial Park, reviewed the Haul Route that goes north
of the site, and stated the original plan specially states that traffic should travel north on CR 33 to U.S.
Highway 85, and east or west on CR 44.
e Mr. Goldstein stated on Lots 5 and 8 they are adding a modular office and storage units, and
reviewed a diagram depicting the SPR's and the parcel. He stated the lots have been added and
amended several times. He explained the flow of traffic, stating there will be 15 to 30 truck trips daily, but
only two (2) employees will be on site. He explained the numbers are the projected amount of traffic
created from each SPR and the actual traffic counts as of October 12, 2017, during a 24 -hour period.
Mr. Goldstein also submitted the traffic study from August 23, 2017.
EN Gene Coppola, representative of appellant, stated north of Niobrara Boulevard on CR 33, the traffic
count was 950 vehicles. He explained northbound is 10 vehicles and the CDOT threshold needs to be
100 or more vehicles to warrant a left-hand turn lane. Mr. Goldstein stated the Weld County Industrial
Park Association installed the sign that forces the traffic north, to maintain compliance with the
Improvements Agreement. In response to Chair Cozad, Mr. Goldstein stated it is hard to allocate which
direction traffic goes. Mr. Coppola stated when the study was done almost all traffic went north, however;
he also reported in the next year, there will be a new connection at CR 44 to take the impact of traffic off
CR 33. Mr. Goldstein stated when the Minor Subdivision was approved, La Salle Fire Department
approved the one access point for the subdivision and added the Town of Peckham upgraded the railroad
crossing. He explained they are committed to doing the improvements to CR 44 and reviewed the status
of the improvements. He suggested connecting Niobrara Boulevard to CR 44 now and finishing the turn
lanes in the spring of 2018.
Mr. Goldstein explained his tenant needs to move right away, but Xcel Energy can't relocate the
utilities until February 2018, which delays the improvements to CR 44.
Commissioner Kirkmeyer stated all testimony should be about the access on CR 33 and questioned
the relevance of the different issues Mr. Goldstein presented. Commissioner Conway stated he wanted
to hear the testimony from the future tenant, because it is relevant to the appeal. In response to Chair
Cozad, Mr. Goldstein stated the actual traffic that would be generated by Helmerich and Payne
International would be about 50 trips a day, and once their equipment is moved, the trips will drop to 20
a day.
Mr. Goldstein suggested solutions to the traffic safety issues. Mr. Martel stated he doesn't dispute
the numbers and the amount of traffic trips being reported; however, the numbers are unrealistic
projections. He suggested the solution is not to take away the access point, but to find a safer alternative.
In response to Commissioner Conway, Ms. Relford clarified for every SPR approved, the
Department of Public Works will have to review the access point and safety thereof. Ms. Relford stated if
it is greater than ten (10) vehicles per hour, it meets the triggers for a left turn lane.
rei Commissioner Kirkmeyer stated the access on CR 33 is the appeal today and added part of the
approval of the subdivision was that the connection would be made at CR 44. Commissioner Kirkmeyer
explained that the trucks traveling south out of the subdivision could go to CR 42 where there is a traffic
signal. She stated that several nearby developments are depending on the relocation of the CR 44
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intersection. She stated the access meets warrants and triggers improvements. Commissioner Kirkmeyer
stated the increase in traffic isn't safe, staff has presented a safety concern and she hasn't seen any
evidence that would warrant the permitted access on CR 33.
Commissioner Freeman expressed his frustration that accesses were already permitted for 1,300
vehicles, and stated it seems like a continuation of an access permit that has already been approved.
Commissioner Freeman stated since CR 44 hasn't been built, but 1,300 trips per day was permitted so
how can it be justified to take away an existing permit. Chair Cozad stated she would like to discuss some
temporary solutions to construct left turn lanes as a condition until CR 44 is constructed. Commissioner
Conway stated the appellant has demonstrated they are significantly under the number of vehicles that
was permitted and reiterated the appellant has expressed they want to get CR 44 constructed.
le Mr. Barker stated the Access Permit is allowing access onto a County maintained roadway and the
temporary conditions are countering what is stated in the Improvements Agreement. He suggested
amending the Haul Route. In response to Commissioner Conway, Ms. Relford stated there are options
to ensure the appellant follows through and gets this done. She reported the new Improvements
Agreement can be amended because the appellant has not yet submitted it.
Commissioner Kirkmeyer stated the appellant has taken five (5) years to get conditions met
according to the Road Improvements Agreement. She suggested continuing this matter to give the
appellant and staff adequate time to draft a new Road Improvements Agreement.
Mr. Barker stated the issue today is the safety of the traffic accessing CR 33 and the appeal for the
permits, and if the Board agrees on the safety of the intersection, they can overturn the denial.
Mr. Martel stated they will put this condition in the Improvements Agreement. In response to
Chair Cozad, Mr. Martel stated they will need to add this condition, but he felt they would only need two
(2) more weeks to do so.
• Mr. Goldstein stated he would like to keep the potential tenant in Weld County, but the client has a
deadline for when they need to move.
• Commissioner Kirkmeyer moved to continue this matter to October 30, 2017. The motion was
seconded by Commissioner Conway, and it carried unanimously.
• Commissioner Conway requested that staff complete this in a timely manner so the appellant does
not lose a potential tenant. Commissioner Kirkmeyer stated she is willing to work on a compromise with
the appellant and reminded the other Commissioners there are conditions to ensure the safety and well-
being of the residents of Weld County. She expressed the timing is on the developer and not the Board.
El 3) FIRST READING OF CODE ORDINANCE #2017-08, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST,
CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 29 BUILDING REGULATIONS,
OF THE WELD COUNTY CODE: Michelle Martin, Department of Planning Services, reviewed a detailed
summary of the code changes. She explained the proposed changes are clean-up to update certain
existing Codes. No public testimony was offered concerning this matter. Commissioner Moreno moved
to approve on First Reading. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
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RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2017-08 and #2017-09 were approved on First Reading.
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 11:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d�' .,1s eo•41
Weld County Clerk to the Board
BY:
ty Clerk to the Board
Julie A, Cozad, Chair
Steve Moreno, Pro_Tem
c
Sean P. Conway
ike Freeman
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
Minutes, October 18, 2017
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ATTENDAIICE LIST
DATE: A0/m7 T
NAME - PLEASE PRINT LEGIBLY
EMAIL
I _S
ADDRESS
COUNTY OF RESIDENCE
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