The URL can be used to link to this page

Browse Search

Home My WebLink About20161626.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 23 , 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 , May 23 , 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 - EXCUSED Commissioner Steve Moreno Also present : County Attorney , Bruce Barker Acting Clerk to the Board , Stephanie Frederick Senior Acccountant , Chris D' Ovidio MINUTES : Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of May 18 , 2016 , as printed . Commissioner Cozad seconded the motion , and it carried unanimously . READ ORDINANCE BY AUDIO : Commissioner Moreno moved to read Code Ordinance #2015-27 ( REVISED) by audio . Commissioner Cozad seconded the motion , which carried unanimously . 4), CERTIFICATION OF HEARINGS : Commissioner Moreno moved to approve the Certification of Hearings conducted on May 18 , 2016 , as follows : 1 ) USR16-0008 - Ivar and Evelyn Jordan Children ' s Trust , c/o Berven Industries , LLC , dba New Deal Deicing , LLC . Commissioner Cozad seconded the motion , which carried unanimously . '= AMENDMENTS TO AGENDA : There were no amendments to the agenda . -. CONSENT AGENDA : Commissioner Cozad moved to approve the Consent Agenda as printed . Commissioner Moreno seconded the motion , and it carried unanimously . PROCLAMATIONS : "a' 1 ) MEMORIAL DAY - MAY 30 , 2016 : Chair Freeman read the Proclamation for the record . The Board thanked the Veterans for their service . Commissioner Cozad acknowledged a memorial service that will be held at Linn Grove Cemetery . (Clerk's Note: Commissioner Kirkmeyer is present at 9: 09 am.) Minutes , May 23 , 2016 2016- 1626 Page 1 BC0016 MI PUBLIC INPUT : There was no public input . BIDS : 1 ) APPROVE BID #B1600088 , CRUSHED AGGREGATE TYPE II ( 1 /2 " CHIPSEAL) - DEPARTMENT OF PUBLIC WORKS : Trevor Jiricek , Director of General Services , presented the sole bid received from Martin Marietta Materials for the price per ton of $39 . 00 . Josh Holbrook , Department of Public Works , explained the reason for the sole bid is because aggregate is hard to obtain , and especially the specific type of aggregate that is needed for the project . Commissioner Conway moved to approve the sole bid . The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously . ``- 2 ) APPROVE BID #B1600098 , ION CHROMATOGRAPHY SYSTEM - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT : Mr. Jiricek presented the three (3) bids received and stated staff recommended awarding the bid from Metrohm USA , Inc . , as the other bidders did not meet specifications . Commissioner Cozad moved to approve said bid . Seconded by Commissioner Moreno , the motion carried unanimously . NEW BUSINESS : 1 ) CONSIDER MEMORANDUM OF UNDERSTANDING FOR SUITCASE ANGELS AND AUTHORIZE CHAIR TO SIGN - RISE : Judy Griego , Director of Department of Human Services , reviewed the non-financial agreement which will provide suitcases to Weld County children who have been removed from their home . Commissioner Conway moved to approve said memorandum of understanding and authorize Chair to sign . The motion was seconded by Commissioner Cozad , and it carried unanimously . 2 ) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - FIREFLY AUTISM : Ms . Griego stated the agreement will provide funds for assessment and a Board Certified Behavior Analyst for Autistic children . Commissioner Moreno moved to approve said agreement and authorize the Chair to sign . Seconded by Commissioner Conway , the motion carried unanimously . 12 3 ) CONSIDER CONTRACT AMENDMENT # 1 TO ANNUAL BUDGET FOR AREA AGENCY ON AGING PROGRAMS AND AUTHORIZE CHAIR TO SIGN : Ms . Griego presented the amendment to the annual budget to provide various services for the amount of $ 1 , 981 , 010 . 00 . Commissioner Moreno moved to approve said contract amendment and authorize the Chair to sign . The motion , which was seconded by Commissioner Kirkmeyer, carried unanimously . PETITION FOR ABATEMENT OR REFUND OF TAXES (2013) - PDC ENERGY , 4) CONSIDER INC : Christopher Woodruff, Weld County Assessor, stated PDC Energy , Inc . , is trying to correct some errors made during initial filing and believe they overpaid taxes for tax years 2013 and 2014 . Commissioner Conway moved to approve denial of petition . The motion was seconded by Commissioner Cozad , and it carried unanimously . 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (2014 ) - PDC ENERGY , INC : Mr. Woodruff reviewed the petition for the year 2014 . Commissioner Moreno moved to deny said petition . The motion was seconded by Commissioner Cozad , and it carried unanimously . er-: 6) CONSIDER JOINT LAW ENFORCEMENT OPERATIONS TASK FORCE OBLIGATION DOCUMENT AND AUTHORIZE CHAIR TO SIGN - U . S . DEPARTMENT OF JUSTICE , MARSHALS Minutes , May 23 , 2016 2016- 1626 Page 2 BC0016 SERVICE : Jennifer Oftelie , Sheriffs Office , presented the obligation request from United States Marshals Service to assist with overtime reimbursement monies of the Sheriffs Office Strike Team . Commissioner Kirkmeyer moved to approve said obligation document and authorize the Chair to sign . Seconded by Commissioner Moreno , the motion carried unanimously . e= 7) CONSIDER LEASE AGREEMENT (822 7TH STREET) AND AUTHORIZE CHAIR TO SIGN - NATIONAL ONION ASSOCIATION : Toby Taylor, Director of Buildings and Grounds , reviewed the terms of the lease . Commissioner Conway moved to approve said lease and authorize the Chair to sign . Commissioner Cozad seconded the motion , and it carried unanimously . ra- 8) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR NEW PLAN ROOM AND AUTHORIZE CHAIR TO SIGN - S2 GENERAL CONTRACTING , LLC : Mr. Taylor presented the informal bid to build a new plan room at the Buildings and Grounds Department . Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign . The motion , which was seconded by Commissioner Moreno , carried unanimously . la 9) CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR EMINENT DOMAIN APPRAISAL SERVICES AND AUTHORIZE CHAIR TO SIGN - FOSTER VALUATION : Bob Choate , Assistant County Attorney , presented the agreement which will allow Joe Vaughn to provide services on an hourly basis , as needed , with the eminent domain process . Commissioner Cozad moved to approve said agreement and authorize the Chair to sign . The motion , which was seconded by Commissioner Conway , carried unanimously . `J 10) CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY FOR MORE THAN 350 PERSONS ON JUNE 4 , 2016 , AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER , INC . , DBA THE WILD ANIMAL SANCTUARY : Frank Haug , Assistant County Attorney , presented the terms of the application for a Fun Run/Walk. Commissioner Moreno moved to approve said application and authorize the Chair to sign . The motion was seconded by Commissioner Cozad , and it carried unanimously . Janet Lundquist , Department of Public Works , stated there is no cost to the County for the closure of County Roads and the closure will be less than 72 hours . She stated the road will not be closed for the event and they have changed the walk/run course route to be completely on their property . k 11 ) CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER , INC . , DBA THE WILD ANIMAL SANCTUARY : Mr. Haug reviewed the terms of the application to allow the serving of alcohol for fundraising purposes . Commissioner Cozad moved to approve said application for special events permit and authorize the Chair to sign . The motion , which was seconded by Commissioner Moreno , carried unanimously . PLANNING : s`= 1 ) SECOND READING OF CODE ORDINANCE #2016-04 , IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS , CHAPTER 19 COORDINATED PLANNING AGREEMENT (AULT) OF THE WELD COUNTY CODE : Commissioner Conway moved to read Code Ordinance #2016-04 by title only . Seconded by Commissioner Cozad , the motion carried unanimously . Bruce Barker, County Attorney , read the title for the record . Tom Parko , Department of Planning Services , stated there have been no changes since the first reading . No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve on Second Reading . The motion was seconded by Commissioner Cozad , and it carried unanimously . Minutes , May 23 , 2016 2016- 1626 Page 3 BC0016 2) SECOND READING OF CODE ORDINANCE #2016-05 , IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 2 ADMINISTRATION , CHAPTER 12 LICENSES AND PERMITS , CHAPTER 23 ZONING , CHAPTER 24 SUBDIVISIONS AND CHAPTER 26 REGIONAL URBANIZATION AREAS (ACCESS PERMITS PROCESS ) , OF THE WELD COUNTY CODE : Commissioner Kirkmeyer moved to read Code Ordinance #2016-05 by title only . The motion , which was seconded by Commissioner Conway , carried unanimously . Mr. Barker read the title for the record . Janet Lundquist , Department of Public Works , stated there have been no changes since first reading and gave a short presentation detailing the history and reasons for the changes to the Code . El Tim Naylor, y , representative from AgProfessionals , expressed this code appears to be more restrictive compared to other Counties and that it restricts development . He suggested it be put in front of a USR process rather than being reviewed by the Board . He would like the Board to consider Section 12 -5-30 . A which is about increases of accesses . `= Commissioner Kirkmeyer stated this policy has been in place for the no netY a long time and hasn 't restricted land development or land splits . She isn 't opposed to having a Stakeholder Meeting and explained the reason the code is being reviewed is for safety measures . Cozad reviewed the changes of Section 12-5-30 A. and had questions about not allowing Commissioner g any new accesses without a review process and looking at traffic criteria . In response to Commissioner Cozad , Ms . Lundquist clarified the development process and applying for a new access . Commissioner Cozad stated she feels like issues arrive when there are shared accesses and believes that individual properties should have their own access . Commissioner Kirkmeyer moved to amend Section 12-5-30 , Paragraph A , and delete "no net access" and add "access to a single parcel ". Seconded by Commissioner Cozad , the motion was carried unanimously . In response to Commissioner Conway , Ms . Lundquist suggested holding a Stakeholder Meeting or an Open House in order to address the concerns from the public . Chair Freeman stated he would like to have an open house to discuss the code . L=7 Mr. Barker explained that an access permit was part of the Site Plan Review and advised holding a Stakeholder Meeting . Commissioner Kirkmeyer moved to approve Code Ordinance #2016-05 on Second Reading , as amended . The motion , which was seconded by Commissioner Cozad , carried unanimously . ` 1- 3) FIRST READING OF CODE ORDINANCE #2015-27 REVISED , IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING (SOLAR AND STORMWATER DRAINAGE ) , OF THE WELD COUNTY CODE (CON 'T FROM 5/2/2016) : Michelle Martin , Department of Planning Services , explained there are two (2 ) changes to the code and she reviewed the sections where the changes or modifications occurred concerning the stormwater drainage . Ms . Martin submitted the proposed changes from staff as Exhibits AA , BB , and CC . Commissioner Kirkmeyer stated the drainage changes should be separated from the rest of the changes in the code . Ms . Martin displayed photos to demonstrate the sizes of the solar facilities and a visual of what twent acres looks like . '= Rev . Doctor Denise Hall , provide twenty resident of Greeley , inquired about residential solar facilities and had concerns with solar facilities in the cit limits . Chair Freeman explained that the provisions for cities are different then the County . Dr. Dave Kisker, resident of Johnstown , thanked the Board for revising the original plan and expressed his approval at the removal of the language which changed the parcel from the Agricultural Zone to an Industrial Zone . He suggested limiting the size of facilities on agricultural land to 80 acres . Pete Parkinson , representative of Sunshare , stated there are limitations to actually using the grid and the size of facilities . Commissioner Cozad stated she feels the criteria for the facility would not apply to use by right . Mr. Parkinson explained when completing a community solar project they hold a public hearing . Commissioner Kirkmeyer stated she would like to see a landowner apply for a use by special reviewprocess . '- Richard Miller, representative with Easy Clean Energy Collective , thanked staff for their changes to the Code and expressed his appreciation of the Planning Commission listening to the Minutes , May 23 , 2016 2016- 1626 Page 4 BC0016 input from the community . He made comments to address the small scale facilities which is 1 to 2 megawatts . In response to Commissioner Kirkmeyer, Mr. Miller explained they do conduct public meetings for a use by right . Commissioner Cozad expressed her appreciation of staff and Planning Commission working with the representatives in the industry . She supported having the smaller solar facilities as a Use by Right in the Agricultural Zone . However, she also proposed a compromise to require a Use by Special Review in the Agricultural Zone and if there are no concerns from the public then the smaller facilities could go through an administrative review . She stated she doesn 't mind taking out the and limiting the size for the small scale facilities . Commissioner Kirkmeyer megawatt requirements Y supported small solar facilities requiring a USR and a permitting process . Commissioner Kirkmeyer made several suggestions , the first is taking megawatt out of the small scale facilities , but leaving 20 acres . In regards to medium scale facilities , remove the words "megawatt " and add "if more than 20 acres, " and on the large scale facilities take out the language stating " acreage " and add "not more than 30 megawatts . " LI Commissioner Conway explained he agreed with the suggested changes and p ex ressed not having the small solar facilities go through a USR process will limit input from the public . Commissioner Moreno stated the Board isn 't anti -solar and is in support of alternative energy sources and supports the proposed changes . Commissioner Kirkmeyer moved to modify the definition of small scale solar to reference megawatts and insert "located on less than 20 acres ". Seconded by Commissioner Conway , the motion carried unanimously . = Commissioner Kirkmeyer moved to amend language on medium scale facilities and delete the words "either will have a rated capacity greater than 3 megawatts and less than 30 megawatts " and add the wording "and is located on 20 acres or more. " Seconded by Commissioner Conway , the motion carried unanimously . = Commissioner Kirkmeyer moved to remove the words " or all equipment is located on 80 acres " from the definition of large scale solar. The motion , which was seconded by Commissioner Cozad , carried unanimously . Ms . Martin demonstrated that Section 23-4- 1030 . A lists erosion control and property maintenance . Commissioner Kirkmeyer was in agreement with leaving the storm drainage in the code with the proposed revisions satisfying her concerns . Commissioner Kirkmeyer moved to approve on First Reading . The motion , which was seconded by Commissioner Conway , carried unanimously . Commissioner Kirkmeyer expressed her thanks to staff for their work on the solar facilities , as there was previously no language in the Code for solar facilities . Commissioner Conway thanked the industry for their suggestions for the Code revisions . RESOLUTIONS AND ORDINANCES : The resolutions were presented and signed as listed on the Consent Agenda . Code Ordinance #2016-04 was approved on Second Reading , Code Ordinance #2016- 05 was approved on Second Reading and Code Ordinance #2015-27 ( REVISED) was 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 . Minutes , May 23 , 2016 2016- 1626 Page 5 BC0016 There being no further business , this meeting was adjourned at 11 : 05 a . m . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ATTEST : Watt,v .lam; Mike Freeman , Chair Weld County Clerk to the BoardBY : 6C ' CARNAIL Sean P . Conway , Pro-Tern Clerk to the Board am ,r„� 4.et:tit E1 Julie41.1) d w dons CALAyle_ 1861 tY*1%_ arbara Kirkmeyer Sel - spivl re4Steve Moreno Minutes , May 23 , 2016 2016- 1626 Page 6 BC0016 ( s c ,‘. i ,:zi. .,s_- 3 -ii °I r __t 0 J -...„. Nt kJ a, 2 ` 1 s ? w c Vj 5 KJ): sety--- r <4 sZL-4c .. i...4.. , 1-- ,,,_fr, ni,ft- 0 \ , 0 ,\ v\i , , g, O r 00 cs obr H 43 iAjN i 1J H N a -J ,2 ll w J V --S74) k 4.,.., ‘ _.- � V< 9, r� 0 A z �`; 0 , ,,:, ,.:_. , -, Lig 4 ti W r4-- IX o �� VI 17- a �P '� • ki:3 S c..._:tt1/4a . _itr\ . , .4..._, i rtl i i W \\) J � btr3 4 i p ' _- 2 L'' c \‘ . O. ct t' , W '''ate. 0 W Zis c r a: n ?Wc Hello