HomeMy WebLinkAbout20162002.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 27, 2016
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, June 27, 2016, 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 Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
O MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of June 22, 2016, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
IR CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on June 22, 2016, as follows: 1) USR16-0009 - 7N, LLC, Go Extraction Oil and Gas.
Commissioner Cozad seconded the motion, which carried unanimously.
12 AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add a new item under Planning:
3) CONSIDER RECORDED EXEMPTION (RECX16-0038) - VIRGINIA NIXON (con't from 6/13/2016).
Seconded by Commissioner Moreno, the motion carried unanimously.
n CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
NEW BUSINESS:
• 1) CONSIDER MEMORANDUM OF UNDERSTANDING FOR COLLABORATIVE MANAGEMENT
INCENTIVE FUNDING AWARD AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of the
Department of Human Services, presented the terms of the memorandum of understanding which will
allow agencies to consolidate and appropriate services to children and families. Commissioner Moreno
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Minutes, June 27, 2016 2016-2002
Page 1 BC0016
moved to approve said memorandum of understanding and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
• 2) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR CHILD CARE PROVIDER
RECRUITMENT PUBLIC RELATIONS CAMPAIGN AND AUTHORIZE CHAIR TO SIGN - UNITED WAY
OF WELD COUNTY: Ms. Griego presented the agreement to recruit new childcare licensed homes.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Cozad, carried unanimously.
V 3) CONSIDER AGREEMENT FOR PEST CONTROL SERVICES AND AUTHORIZE CHAIR TO
SIGN - SORENSEN PEST MANAGEMENT, INC.: Toby Taylor, Director of Buildings and Grounds,
reviewed the terms of the agreement for the amount of $1,530.00 per month. Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
• 4) CONSIDER CANCELLATION OF CERTAIN OUTSTANDING ACCOUNTS RECEIVABLE FOR
THE WELD COUNTY TREASURER - PERSONAL PROPERTY, MOBILE HOMES AND POSSESSORY
INTEREST TAXES: John Lefebvre, County Treasurer, stated according to Section 39-10-114 (2), C.R.S.,
once a year he is able to present the Board the accounts staff deems to be uncollectable. Commissioner
Cozad moved to approve said cancellation of certain outstanding accounts. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously.
• 5) CONSIDER ACCEPTANCE OF TREASURER'S DEED NO. 4439 - NTC AND COMPANY, LLC,
FBO ARTHUR FINE: Frank Haug, Assistant County Attorney, said this is to correct a clerical error made
back in 1911. Commissioner Kirkmeyer moved to approve and accept said treasurers deed. Seconded
by Commissioner Moreno, the motion carried unanimously. Mr. Lefebvre explained this error was
discovered when staff was cleaning up the list and the railroad thought they already owned it.
• 6) CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC
RAILROAD: Mr. Haug presented the deed to the Union Pacific Railroad in connection with the previous
item. Commissioner Cozad moved to approve said quit claim deed and authorize the Chair to sign. The
motion, which was seconded by Commissioner Conway, carried unanimously.
e 7) CONSIDER APPLICATION FOR AUTHORITY TO ALTER A HIGHWAY -RAIL GRADE
CROSSING AT CR 13 UNION PACIFIC RAILROAD CROSSING AND AUTHORIZE CHAIR TO SIGN -
COLORADO PUBLIC UTILITIES COMMISSION: Mr. Haug reviewed the terms of the application to the
Public Utilities Commission for County Road 13 regarding the Martin Marietta project. Commissioner
Kirkmeyer moved to approve said application and authorize the Chair to sign. Commissioner Cozad
seconded the motion, and it carried unanimously.
✓ 8) CONSIDER APPLICATION FOR INSTALLATION OF 48 LINEAL FEET OF CONCRETE
CROSSING PANELS AT CR 33 UNION PACIFIC RAILROAD CROSSING AND AUTHORIZE CHAIR
TO SIGN - COLORADO PUBLIC UTILITIES COMMISSION: Mr. Haug stated this is a similar project with
Mark Goldstein for County Road 33. Commissioner Kirkmeyer moved to approve said application and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
✓ 9) CONSIDER GRANT AGREEMENT FOR PHREATOPHYTE CONTROL PROGRAM
(TAMARISK AND RUSSIAN OLIVE REMOVAL) AND AUTHORIZE CHAIR TO SIGN: Tina Booton, Pest
Minutes, June 27, 2016 2016-2002
Page 2 BC0016
and Weed Division, stated this is for the removal of Tamarisk and Russian Olive Trees along the South
Platte River, Little Thompson and Big Thompson Rivers. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
• 10) CONSIDER NOXIOUS WEED MANAGEMENT AND CONTROL FUND COST SHARE
APPLICATION FOR DALMATIAN TOADFLAX COST SHARE PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Ms. Booton explained this is to apply to the State Land board for cost share funds for removal of
Dalmatian Toadflax. Commissioner Kirkmeyer moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CI 11) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- WELD COUNTY MEAT GOAT BREEDERS: Mr. Haug and Janet Konkel, Office of Extension Services,
presented the details for items 11 through 22 for vendors during the Weld County Fair. Commissioner
Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Cozad, carried unanimously.
• 12) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- LONGS PEAK ANTIQUE TRACTOR AND ENGINE ASSOCIATION: Commissioner Cozad moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously.
• 13) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- COLORADO REGULATORS / VERLE HAMM: Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried
unanimously.
• 14) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- MISS BOWS MESSY MANIA: Commissioner Moreno moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously.
IR 15) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- NORTHERN COLORADO DRAFT HORSE ASSOCIATION: Commissioner Cozad moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
• 16) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- WELD COUNTY FAIR OPEN TEAM ROPING: Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried
unanimously.
el 17) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- RANCH SORTING NATIONAL CHAMPIONSHIP: Commissioner Cozad moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
Minutes, June 27, 2016 2016-2002
Page 3 BC0016
IR 18) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- MINIATURE HORSE ASSOCIATION: Commissioner Moreno moved to approve said agreement and
authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously.
O 19) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- CORVETTES WEST CAR CLUB CHAPTER: Commissioner Conway moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried
unanimously.
0---" 20) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- MOUNTAIN SHADOWS CARRIAGES, C/O DARIN HENRY: Commissioner Conway moved to approve
said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously.
O 21) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- ZOMBIE PAINTBALL, DBA J AND B FAMILY AFFAIR, LLC: Commissioner Cozad moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Conway, carried unanimously.
O 22) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- WOW BUBBLES, LLC: Commissioner Kirkmeyer moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously.
Commissioner Cozad thanked Ms. Konkel and the Fair Board for all their work at putting together the
Weld County Fair.
O 23) CONSIDER PERFORMANCE WARRANTY FOR MINING PERMIT OF PETERS 313 PIT AND
AUTHORIZE CHAIR TO SIGN: Mr. Haug reviewed the performance warranty and stated there is no cost
associated. Commissioner Kirkmeyer moved to approve said performance warranty and authorize the
Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
• 24) CONSIDER AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT AND
TEMPORARY EASEMENT FOR CERTAIN IMPROVEMENTS TO BRIDGE 26/25A AND AUTHORIZE
CHAIR TO SIGN ALL NECESSARY DOCUMENTS - YOSHI AND SUZU, LLLP: Richard White,
Department of Public Works, presented the agreement for the amount of $800.00. Commissioner
Kirkmeyer moved to approve said agreement and authorize the Chair to sign all necessary documents.
The motion, which was seconded by Commissioner Conway, carried unanimously.
O 25) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 61.5 AT CR 66: Janet
Lundquist, Department of Public Works, stated staff was contacted by a citizen about the intersection
and after staff reviewed it, it was decided that a Stop sign was necessary for the safety of the traveling
public. In response to Commissioner Moreno, Ms. Lundquist discussed the reason for the standard signs
versus the flashing signs. Commissioner Moreno moved to approve said installation of traffic control
device. Seconded by Commissioner Conway, the motion carried unanimously.
• 26) CONSIDER TEMPORARY CLOSURE OF CR 59 BETWEEN CRS 70 AND 72: Ms. Lundquist
presented the closure effective July 6, 2016, through July 22, 2016, for a bridge re -deck. She stated staff
will use magnesium chloride for dust abatement on the detour route, along with standard road signs and
Minutes, June 27, 2016 2016-2002
Page 4 BC0016
barricades. Commissioner Kirkmeyer moved to approve said closure. The motion, which was seconded
by Commissioner Cozad, carried unanimously.
12 27) CONSIDER TEMPORARY CLOSURE OF CR 15 BETWEEN CRS 90 AND 96: Ms. Lundquist
reviewed the detail of the road closure effective July 12, 2016 through July 15, 2016, and stated staff will
use water for dust abatement. Commissioner Kirkmeyer moved to approve said closure. The motion was
seconded by Commissioner Cozad, and it carried unanimously.
12 28) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN - STEPHEN HOLMES: Commissioner Conway moved to approve said appointment and
authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried
unanimously.
29) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN - LILLIE PARKER: Commissioner Conway moved to approve said appointment and authorize
the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
PLANNING:
O--- 1) CONSIDER RECORDED EXEMPTION, RECX16-0020 - LOVELAND READY MIX: Chris
Gathman, Department of Planning Services, presented the application to address an illegal land split that
occurred in the 1970's with Lot A. He explained that Lot A is owned by Public Service Company and Lot
B has Amended Use by Special Review Permit for Open Pit Mining and Materials Processing, a concrete
Batch Plant, and the importation of Sand and Gravel Aggregates. Donald Friess, representative of
Loveland Ready Mix, explained the land split occurred before the purchase of Loveland Ready Mix, and
the owners would like to see this corrected. Mr. Gathman explained there is an access off of Lot A located
on County Road 13. Ms. Lundquist reviewed the current traffic count on County 13 between CRs 54 and
56 is 567 trips per day, and south of County Roads is 512 trips per day. Ms. Lundquist reviewed Lot A's
access permit and read the conditions of the recorded access permit. Commissioner Kirkmeyer
suggested the following language be added to the plat as a Condition # 2.B.8.d. Lot A contains an
unmanned pump building and improvements. Lot A shall not be a buildable lot for residential purposes.
No public input was offered concerning this matter. Commissioner Cozad moved to approve the
Recorded Exemption with the Conditions as Modified.. The motion was seconded by Commissioner
Conway, and it carried unanimously.
'�---- 2) FINAL READING OF CODE ORDINANCE #2015-25, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 23 ZONING (WATER LINES) OF THE WELD
COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2015-25 by title only. The
motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. Bruce Barker, County
Attorney, read the title for the record. 12 Tom Parko, Director of the Department of Planning Services,
clarified that the 1041 water lines should be removed from the title. He explained the code language
pertains to water transmission lines and requires a USR through the County and there are three (3)
exemptions A, B, and C, which provide a surety to ditch companies, and municipalities. Mr. Parko stated
there are no changes since the Second Reading. Bill Jerke, resident of LaSalle, expressed his concerns
about exempting a certain group and wondered if it is constitutional. Commissioner Cozad stated
she has her concerns with having additional regulations placed on water leaving the County. The other
concern she stated is changing the code for one particular user and there could be unintended
consequences. la Commissioner Conway stated this is a defining issue when it comes to Weld County,
because there are some municipalities which lack water. Commissioner Moreno thanked Mr. Jerke
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Page 5 BC0016
for his presentation and stated water can be a complicated issue. Commissioner Kirkmeyer clarified
that right to put water to beneficial use is not one of the issues addressed by the code, but talking about
the ability to minimize the impacts to the surface owner. Commissioner Kirkmeyer moved to approve on
Final Reading , which was seconded by Commissioner Conway. Upon a roll call vote the motion passed
four to one with Commissioner Cozad being opposed. Commissioner Kirkmeyer thanked staff for
the work on the code and listening to the stakeholders. Commissioner Conway acknowledged Mayor
Norton's comments made during the second reading. Commissioner Cozad expressed her belief that this
is a private property issue and water and property are individual rights that government shouldn't be
involved in. She suggested that adding more regulations affects the consumer.
IR 3) CONSIDER RECORDED EXEMPTION, RECX16-0038 - VIRGINIA HIXON (CON'T FROM
6/13/2016): Ryder Reddick, Department of Planning Services, requested this referred back to planning.
Mr. Reddick explained the applicant has some health issues and he has been unable to contact her.
Commissioner Kirkmeyer clarified the applicant has not been present at the Board meeting scheduked ti
hear this matter. Commissioner Conway moved to refer this matter back to the Planning Department.
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 #2015-25 was approved on Final 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 10:39 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddr,�,v sok
Weld County Clerk to the Board
BY: W C2-livQ\u- t2-
D uty Clerk to the Board
n.L 3
Mike Freeman, Chair
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Sean P. Con ay, Pro-Tem.
teve Moreno
Minutes, June 27, 2016 2016-2002
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