HomeMy WebLinkAbout20162845.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 12, 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, September 12, 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
• MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of September 9, 2016, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on September 9, 2016, as follows: 1) USR16-0015 - Kenneth and Rana Bachman,
c/o Tanner Hill, 2) USR16-0017 - Craig and Cory Roehrs, and 3) USR16-0021 - Tallgrass Terminals,
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.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, HUMAN SERVICES COMMITTEE - BETH DANIELSON: Chair
Freeman read the certificate for the record, recognizing Ms. Danielson for her voluntary contributions and
dedication to Weld County. Commissioner Cozad thanked her for her dedication to the disabled citizens
of Weld County.
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• 2) RECOGNITION OF SERVICES, FAMILIES, YOUTH AND CHILDREN COMMISSION - MATT
JAROSZ: Chair Freeman read the certificate for the record thanking Mr. Jarosz for his service to the
citizens of the County.
• PUBLIC INPUT: No public input was given.
BIDS:
El 1) PRESENT AND APPROVE EMERGENCY BID #B1600134, WATTENBERG WATERLINE -
DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek presented the four (4) bids received and stated
staff recommends awarding the low bid from Integrated Water Services, Inc. Elizabeth Relford,
Department of Public Works, stated although staff received four (4) bids they are not within the budget,
and she will apply to DOLA to see if there are additional funds available to assist with the project for the
amount of $84,000.00. The vendor is willing to move ahead with the project. = Commissioner
Kirkmeyer explained why the project amount might go over the budget. Commissioner Cozad confirmed
this is being approved on an emergency basis because of the time constraints on the project.
Commissioner Kirkmeyer moved to approve said emergency bid. The motion, which was seconded by
Commissioner Cozad, carried unanimously.
O1, 2) PRESENT BID #B1600142, CNG 3/4 TON 4X4 FULL SIZE EXTENDED CAB PICKUP
W/UTILITY BOX (TOWN OF LASALLE) - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented
the two (2) bids received and stated staff will make a recommendation on September 26, 2016.
• 3) PRESENT BID #B1600143, CNG 1/2 TON 4X4 SHORT BED, EXTENDED CAB PICKUP
(TOWN OF LASALLE) (QTY. 2) - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reviewed the details
of the two (2) bids received and stated staff wi►► make a recommendation on September 26, 2016.
• 4) PRESENT BID #B1600144, CNG 3/4 4X4, FULL SIZE EXTENDED CAB PICKUPS (QTY. 2) -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the three (3) bids received and stated staff
will make a recommendation on September 26, 2016.
NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #649 MEMORANDUM OF UNDERSTANDING FOR SCHOOL -
BASED HEALTH CENTER AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL
DISTRICT 6: Judy Griego, Director of Department of Human Services, reviewed the details of the
memorandum of understanding which will allow an outreach program with District 6. Commissioner
Conway moved to approve said memorandum of understanding and authorize the Chair to sign. The
motion was seconded by Commissioner Moreno, and it carried unanimously.
• 2) CONSIDER CONTRACT ID #659 MEMORANDUM OF UNDERSTANDING FOR SCHOOL -
BASED HEALTH CENTER AND AUTHORIZE CHAIR TO SIGN - SUNRISE COMMUNITY HEALTH:
Ms. Griego stated this is part of the memorandum previously presented and the services will be provided
at the Sunrise Kids Care Clinic. Commissioner Conway moved to approve said memorandum of
understanding and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried
unanimously.
• 3) CONSIDER CONTRACT ID #674 AGREEMENT FOR EMERGENCY MANAGEMENT
PERFORMANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Department
of Emergency Management, presented the terms of the Emergency Management Performance Grant
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stating this will provide partners the opportunity to further develop and improve the emergency
management programs for their respective communities. Commissioner Kirkmeyer moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Cozad, carried unanimously.
ID 4) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY
IMPROVEMENTS FOR CR 16, BETWEEN U.S. HIGHWAY 85 AND THE RAILROAD TRACKS AND
AUTHORIZE THE CHAIR TO SIGN - TOWN OF FORT LUPTON: Commissioner Kirkmeyer reminded
the Board about the work session for the improvements of County Road 16 and the lack of funds available
from Fort Lupton. Commissioner Kirkmeyer moved to approve said Intergovernmental Agreement and
authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously.
El 5) CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A
COMMISSIONER TO MAKE ON -SITE INSPECTION AND SETTING THE HEARING DATE
CONCERNING THE APPLICATION OF TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING, FOR A
BREW PUB LICENSE: Frank Haug, Assistant County Attorney, presented the terms of establishing the
neighborhood; however, he received notice from the Planning staff that the application is incomplete. He
stated the parking plan which was submitted to Planning was different because of the amount of parking
available, therefore, Mr. Haug suggested continuing this item. = Brian Fuller, applicant, explained
there is an adjacent lot that they are trying to purchase, which will address the lack of parking. The motion
was made by Commissioner Conway to continue this matter to October 3, 2016, which was seconded by
Commissioner Moreno, and it carried unanimously.
• 6) CONSIDER APPOINTMENT OF ERIK MALINOWSKI TO HUMAN SERVICES COMMITTEE:
Commissioner Conway moved to approve said appointment. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
• 7) CONSIDER APPOINTMENT OF ANNE WALLACE TO FAMILIES, YOUTH AND CHILDREN
COMMISSION: Commissioner Cozad moved to approve said appointment. Commissioner Kirkmeyer
seconded the motion, and it carried unanimously.
• 8) SECOND READING OF CODE ORDINANCE #2016-08, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY
CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2016-08 by title only. Seconded by
Commissioner Conway, the motion carried unanimously. Bruce Barker, County Attorney, read the title
for the record. Patti Russell, Director of Department of Human Resources, reported that small changes
were made to the payroll section of code, otherwise no other changes have been made 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 Moreno, and it carried
unanimously.
• 9) SECOND READING OF CODE ORDINANCE #2016-09, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD
COUNTY CODE: Commissioner Cozad moved to read Code Ordinance #2016-09 by title only. Seconded
by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title for the record. Karin
McDougal, Assistant County Attorney, presented the proposed changes to the Code. Commissioner
Kirkmeyer stated she would like to keep the definition about livestock in the Code, and she would like to
include a range for fines from $35 to $100 and then for each incident, the fine increases. Commissioner
Cozad stated with the large subdivisions, a dog at -large violation can become a nuisance and she would
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like to have further discussion before third reading. No public testimony was offered concerning this
matter Commissioner Cozad moved to approve on Second Reading. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
PLANNING:
El 1) CONSIDER REQUEST TO EXTEND THE HOURS OF OPERATION FOR MINOR
AMENDMENT, MUSR15-0020, TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR-1687, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING AND ASPHALT AND CONCRETE BATCH
PLANTS, ALONG WITH IMPORTATION OF RESOURCES MATERIAL IN THE A (AGRICULTURAL)
ZONE DISTRICT -JOURNEY VENTURES: Michelle Martin, Department of Planning Services, reviewed
the details of USR1687 stated in 2015 Planning staff completed a minor amendment to change the hours
of operation. She recited the Weld County Code that pertains to limiting the hours of operation for gravel
and mining operations; however, the applicant can request an extension of hours of operation from the
Board for extenuating circumstances. Ms. Martin explained that Clay Kimmi, Department of Public Works,
requested an extension of hours for the duration of the County Road 49 Project. = Ron Baker,
adjacent neighbor to the mining pit, presented the reasons why he is opposed to this request to extend
the operating hours. He is concerned with light and noise pollution and because there are no turn lanes
into the gravel pit, he is concerned with safety. He believes that Journey Ventures isn't operating by the
conditions set by staff and the Board because he has seen them using other accesses.
Commissioner Kirkmeyer suggested limiting the operation hours from November 1st to March 1st to see
if there can be a compromise, but Mr. Baker doesn't feel this is a safe alternative. = Cari Graybill,
adjacent neighbor of applicant, stated there are safety concerns with the drivers' hours. The conditions
of the road, and she has seen at least five (5) trucks staged along County Road 53. El Sandy Couch,
ad acent neighbor of applicant, stated she is worried about safety issues if the hours are extended.
Scott Hoff, adjacent neighbor of applicant, expressed his frustration with the applicant for not keeping
up with the maintenance of the roadway and stated the applicant is already starting operations before
daylight and are not taking care of dust abatement. eIn response to Commissioner Kirkmeyer, Clay
Kimmi reported the bridge construction is currently in the design phase and construction on the bridge
will start in late 2017, and go through the end of 2018. El Janet Lundquist, Department of Public
Works, stated staff has been evaluating County Road 53 and there will be a left turn lane, traffic counts
will be done in November and staff has made a request to Journey Ventures to not use jake brakes. Ms.
Lundquist reported that staging on the County Road is a violation of the USR, but she was not aware of
the illegal use of accesses and requested the neighbors contact Public Works when if they observe this
occurring. El In response to Commissioner Moreno, Ms. Lundquist explained this is the first year that
this roadw54 met the triggers list which is determined by the ratio of volume of traffic and volume of
crashes. = Greg Frazee, project manager, addressed the concerns of the Board and neighbors stated
the reason for the request to extend the hours was to prepare for batching; however, that doesn't mean
there will be increased truck traffic. He explained that they have fired seven (7) truck drivers for the use
of jake brakes, and explained staging on the roadway is not intentional and it will be corrected if it is
occurring. In response to Commissioner Kirkmeyer, Mr. Frazee stated he is not an authorized
representative of Journe Ventures, LLC, and there is not a representative for Journey Ventures, LLC,
present at the hearing. PA Ms. Martin clarified that they are not amending the permit and would just be
granting an extension of the operation hours. Mr. Barker explained staff is not changing the Development
Standards, but in order to extend the hours they must come before the Board. Mr. Kimmi stated there is
not an emergency, it is just to extend hours of operation for batching and testing so they can get the first
load of concrete ready before daylight. Commissioner Conway suggested continuing this matter.
Commissioner Cozad agreed that there needs to be a continuance, so the Board is able to hear from the
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applicant and allow the applicant to explain to the neighbors about the hours of operations. Commissioner
Moreno stated the applicant should only operate during daylight hours. Commissioner Cozad moved to
continue this matter to October 3, 2016. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
2) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST ROGER UNREIN FOR
VIOLATION OF THE WELD COUNTY CODE - ZCV16-00075: Bethany Pascoe, Department of Zoning
Compliance, explained the violation occurred because of the presence of an RV park without a Use by
Special Review permit. The parcel owner can apply for this by submitting an application. Ms. Pascoe
displayed a slide presentation. 0 Roger Unrein, resident of Johnstown, expressed he is a victim of the
Flood of 2013 and a lot of the debris is from the flood. He has been trying to clean up the property, but
was injured on the job, so the process of clean-up is slow. Mr. Unrein stated he is willing to meet with
staff to try and come up with a plan. No public testimony was offered concerning this matter.
Commissioner Kirkmeyer stated the goal of the Commissioners is to allow residents to get into
compliance. She asked Mr. Unrein if this matter was continued for 30 days to October 10, 2016, if he
would be able to meet with planning staff. Commissioner Kirkmeyer moved to continue this matter to
October 10, 2016. Seconded by Commissioner Conway, it carried unanimously. Commissioner
Kirkmeyer clarified for Mr. Unrein that during the next thirty (30) days he will need to communicate with
the planning staff to figure out how to get into compliance.
3) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST TODD UBEL AND MELANY
KELLER FOR VIOLATION OF THE WELD COUNTY CODE - ZCV16-00083: Ms. Pascoe stated Todd
Ubel and Melany Keller are in violation for disposing of commercial waste on their property. On August 23,
2016, there were several commercial trucks observed dumping piles of waste on the property, which is
a direct violation of section 23-3-40 of the Weld County Code. She requested the Board refer this to the
County Attorney for further action. = Todd Ubel, resident of Fort Lupton, stated the disposal was
ceased once he received the notice and acknowledged the receipt of the application. He would like more
time to complete the application and reassured the Board he will not allow any more illegal dumping.
However, he stated he doesn't' have the proper equipment to remove the waste. Commissioner Conway
asked how long he needed to complete the application. In response to Commissioner Kirkmeyer, Mr.
Ubel stated he doesn't really want to apply for a Use by Special Review permit. He expressed his
confusion about how to proceed. a Ben Frissell, Department of Public Health and Environment,
explained to the Board that Mr. Ubel would have to go through the Certificate of Designation process and
complete the application for a zoning permit. Mr. Frissel explained the timeline and fees for the specific
permits needed and stated there are no major concerns with the debris staying on the property while the
application process took place. el Karin McDougal, Assistant County Attorney, stated the Planning
Staff and Mr. Ubel could enter into a Consent Agreement adding that he will not bring any more waste.
Commissioner Kirkmeyer moved to continue this matter to October 10, 2016, at 9:00 a.m.,and seconded
b Commissioner Moreno, it carried unanimously.
ta Bill Schwartz, adjacent neighbor, expressed his frustration about the illegal dumping, and had
concerns with irrigation and water drainagewhen a large weather event occurs. He stated there is dust
coming onto his property and he is unhappy about the situation. 0Jeff Kletzmayer, resident of Fort
Lupton, suggested if the application is completed he would like to have impact studies completed.
Commissioner Kirkmeyer stated she would like to have the consent agreement in place and give Mr.
Ubel time to get the construction waste cleaned up.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2016-08 and Code Ordinance #2016-09 were approved on Second
Reading.
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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 11:01 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di: tidt4
Weld County Clerk to the Board
BY: a •
ty Clerk to the Board
Mike Freeman, Chair
y, Pro-Tem
rbara Kirkmeyer
Steve Moreno
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