HomeMy WebLinkAbout20163090.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 3, 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, October 3, 2016, at the hour of 9:00 a.m.
la 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 - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of September 28, 2016, as printed. Commissioner Moreno seconded the
motion, and it carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner Kirkmeyer moved to read Code Ordinance
#2016-12 by audio. Commissioner Moreno seconded the motion, which carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on September 28, 2016, as follows: 1) USR16-0022 - WO WCR 28, LLC, and
College 43, LLC, do Silicon Ranch Corporation, and 2) USR15-0048 - Pawnee Waste, LLC.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PROCLAMATIONS:
la 1) DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER, 2016: Chair Freeman read the
proclamation for the record. The Women's Shelter representatives thanked the Board for their support
and commitment to empower victims and survivors of domestic violence. Each one of the Commissioners
1O(311 Ott
Minutes, October 3, 2016
Page 1
2016-3090
BC0016
thanked the shelter for the support and services they offer to the community. (Clerk's note: the Board
paused for a photo opportunity.)
PRESENTATIONS:
1) OFFICE MANAGER, CINDY NELSON AWARD - TERASINA WHITE: Michael Rourke, District
Attorney, presented the background for the purpose of the award and thanked the Board for allowing him
to recognize Ms. White publicly. He then read a letter into the record, which outlined Ms. White's career
history and accomplishments while with the County. Each one the Commissioners recognized Ms. White
for all her hard work and dedication to her position. They expressed their pride for Ms. White to be
recognized by the State of Colorado and extended their congratulations. (Clerk's note: the Board meeting
was paused for a photo opportunity.)
• PUBLIC INPUT: Steve Teets, resident of Greeley, presented his concerns with non -service
animals being allowed on the bus and inside other businesses in Weld County. He has seen an increase
of citizens bringing their "pets" on the bus or in the stores. He thanked the Commissioners for all their
hard work.
OLD BUSINESS:
• 1) 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 (CON'T FROM 9/12/2016): Frank Haug, Assistant County Attorney,
recommended this matter be continued to allow the applicant more time, but he suggested appointing a
Commissioner to make an on -site inspection. After further discussion, it was decided to continue this item
for two weeks to allow applicant to obtain additional parking. Commissioner Kirkmeyer moved to continue
this matter to October 10, 2016. The motion was seconded by Commissioner Conway, and it carried
unanimously.
NEW BUSINESS:
Ei 1) CONSIDER CONTRACT ID #743 AGREEMENT FOR CHILD PROTECTION SERVICES AND
AUTHORIZE CHAIR TO SIGN - LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS: Judy Griego,
Director of the Department of Human Services, presented the agreement which will provide training for
parenting and community education classes. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried
unanimously.
El 2) CONSIDER CONTRACT ID #747 AGREEMENT FOR PROFESSIONAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - BARRY R. LINDSTROM, PHD., LLC: Ms. Griego reviewed the terms of
the agreement for Professional Services. Commissioner Moreno moved to approve said agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously. Commissioner Kirkmeyer thanked Ms. Griego and her staff for their assistance at CCI with
the legislative agenda.
▪ 3) CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR TEMPORARY INFORMATION
TECHNOLOGY CONTRACT WORKERS TO ASSIST WITH 2016 GENERAL ELECTION AND
AUTHORIZE CHAIR TO SIGN - TEKSYSTEMS: Mr. Haug presented the terms of the agreement for the
upcoming general election to allow the hiring of temporary employees. Commissioner Kirkmeyer moved
to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
Minutes, October 3, 2016
Page 2
2016-3090
BC0016
• 4) CONSIDER CONTRACT AMENDMENT #1 FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FOR HOUSING ASSISTANCE AND AUTHORIZE CHAIR TO SIGN: Commissioner Kirkmeyer
moved to approve said amendment and authorize Chair to sign. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 30 BETWEEN CRS 47 AND 49: Janet Lundquist,
Department of Public Works, reviewed the details of the closure, effective October 5, 2016, though
November 11, 2016 for the reconstruction of the intersection, which is part of the overall County Road 49
project. Commissioner Conway moved to approve said closure. Commissioner Moreno seconded the
motion, and it carried unanimously.
• 6) CONSIDER CORPORATE REPORT OF CHANGES FOR RLF, INC., DBA CJ'S LIQUOR, AND
AUTHORIZE CHAIR TO SIGN: Mr. Haug presented the changes in percentage of ownership and
reported there are no concerns to report. Commissioner Moreno moved to approve said Report of
Changes and authorize Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
la 7) CONSIDER TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT/OPTIONAL
PREMISES (COUNTY) LIQUOR LICENSE FOR RNR, LLC, DBA MCCARTY'S AT EATON COUNTRY
CLUB, AND AUTHORIZE CHAIR TO SIGN: Mr. Haug presented the temporary license that will allow the
Eaton Country Club to continue to operate until ownership is changed. He reported there are no concerns.
Commissioner Conway moved to approve said temporary license and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
• 8) CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY:
Bruce Barker, County Attorney, explained this is for the exchange of Lot 2 of the Greeley Saddle Club
Subdivision and Lot 5 of the Geisert Pit Subdivision which will be transferred to the City of Greeley and
the transfer of Lot 1 of the Geisert Pit Subdivision to the County. Commissioner Conway moved to
approve said quit claim deed and authorize Chair to sign. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ta 9) FINAL 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. Mr. Barker read the title for the record and
stated there have been no changes since Second Reading. No public testimony was offered concerning
this matter. Commissioner Kirkmeyer moved to approve on Final Reading. Seconded by Commissioner
Moreno, the motion carried unanimously.
• 10) FINAL 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 Conway moved to read Code Ordinance #2016-09 by title only. The
motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. Mr. Barker read the title
for the record. Mr. Haug stated the change since Second Reading is adding the definition of livestock
back into the Code. Matt Seller, resident of Pierce, stated he believes the leash law should remain in
effect. = Chair Freeman clarified the leash law change in the Code will not affect the dog -at -large
language. Commissioner Conway moved to approve on Final Reading. The motion, which was seconded
Minutes, October 3, 2016
Page 3
2016-3090
BC0016
by Commissioner Kirkmeyer, carried unanimously. El Commissioner Kirkmeyer thanked the Sheriff's
Office for their work on this code revision.
11) FIRST READING OF CODE ORDINANCE #2016-12, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE: Mr. Barker stated this is an administrative change that should have been modified earlier. This
change has to do with the posting location, so this is a clean up to the Code. Commissioner Moreno
moved to approve on First Reading. The motion, which was seconded by Commissioner Conway, carried
unanimously.
PLANNING OLD BUSINESS:
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 (CON'T FROM 9/12/2016): Michelle Martin, Department of
Planning Services, reviewed the details of the current MUSR and the request for the extension of
operation hours. Ms. Martin referred Commissioner Kirkmeyer's inquiry to the Department of Public
Works and explained staff has not received any letters from the neighbors. Ms. Lundquist reported there
are no documented violations; however, there were concerns about illegal staging on the roadway and
illegal use of access points. Currently, Public Works is hoping to complete a traffic study in the next week
or so, at which time the applicant will be notified if improvements are needed. 0Commissioner Moreno
clarified the extended hours are only effective through the duration of the County Road 49 project. Greg
Frisse, representative of IHC Highway Construction, stated they were able to come to agreements with
the neighbors and will require some changes to the original request. He explained as the temperature
drops the plant has to be winterized each night and de -winterized each morning which will limit the
batching production time. ElKari Graybil, neighbor of the applicant, requested clarification concerning
the operation hours to make sure the hours are not extending past the winter time hours because during
the summer months there isn't the need for winterization. She also asked who monitors the water quality
and dust control. She asked Mr. Frisse to consider the noise that is produced early in the morning by the
operations at the plant. El Ron Baker, neighbor of the applicant, reported that IHC Highway
Construction provided him with a schedule for the month of October, 2016. He has concerns that this
was presented as a Journey Venture project and there was no mention of the Highway Construction
operation. He made a suggestion that the notices that are coming from the Planning Commission are not
being sent to all involved. In response to Commissioner Conway, Mr. Baker stated he would like to see
the schedules continue and agrees with the extension of one hour before sun up and one hour after
sundown. Commissioner Kirkmeyer expressed everyone's frustration with the delay on the construction
of Bridge 53. = Sandy {inaudible}, neighbor of the applicant, extended her appreciation in regard to
the meeting with Mr. Frisse and the schedule and stated she agrees with the new proposed extension.
Commissioner Kirkmeyer moved to approve the extension of operation hours to be one (1) hour before
sun up and one (1) hour after sundown, effective November 1st through March 31st. The motion was
seconded by Commissioner Moreno, and it carried unanimously. Commissioner Conway thanked the
neighbors for working with IHC Construction and finding a compromise. Commissioner Kirkmeyer
thanked the applicants for working with the neighbors.
PLANNING NEW BUSINESS:
12- 1) CONSIDER AMENDED RESOLUTION RE: SPECIAL REVIEW PERMIT (USR15-0027) - WELD
LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA: Mr. Barker presented the
Minutes, October 3, 2016
Page 4
2016-3090
BC0016
Resolution in regard to the case and reminded the Board that they appointed Commissioner Kirkmeyer
to research the case record, to make necessary modifications and amend the Resolution. Mr. Barker
stated the Board is not reconsidering the vote they made August 12, 2015, presenting the Findings of
Fact and approving the changes, and certifying this to the court; furthermore, Judge Taylor suggested
the Board not take any additional testimony. Chair Freeman explained that Commissioner Cozad
submitted an email of her proposed changes to the Resolution. 0 Commissioner Kirkmeyer stated she
reviewed the documents and all her statements came from the record. She read the changes made to
page 2, Section 23-2-230.B.1 which starts with # 2.A.Policy7.1 and A.Policy 7.2. = Commissioner
Kirkmeyer reviewed Commissioner Cozad's proposed changes for Page 4, Section C, and the Board
concurred with the changes. Commissioner Kirkmeyer referred to Commissioner Cozad's
suggestion for Page 3, paragraph 4, regarding the final draina•e report. She stated she would like to
insert this suggested language into the amended resolution Commissioner Cozad suggested a
change to the sentence at the top of Page 4, to add a comma after "land uses" and add: "including
berming, landscaping, fencing and design features of the structures."The Board stated they concur with
the modification. Commissioner Kirkmeyer clarified the agricultural uses as it states in the Weld County
Code Chapter 22. '= Section B. 12-3-10 refers to the intent of the "A": (Agricultural) Zone District.
Commissioner Kirkmeyer referred to Section C. 23-2-230.B.3 which states the uses which will be
permitted will be compatible with the existing surrounding land uses. Commissioner Cozad proposed to
add the words "in the vicinity" at the end of the sentence. Commissioner Kirkmeyer explained that she
would suggest not adding that wording in. She also doesn't believe it is accurate to add in "within the
Town of Johnstown jurisdiction", because Johnstown did not disagree with the characterization in the
amount of trips the project will generate. Commissioner Kirkmeyer agreed with adding "USR" prior to the
word "site." 0 Commissioner Kirkmeyer clarified Section D, in regards to the maps submitted by the
applicant and felt it was important to note that the site is not located in the Windsor Planning Area or the
City of Greeley's Growth Management Area, nor is it in Greeley's proposed annexation area. She
concurred with the suggestions made by Commissioner Cozad for this section. = Commissioner
Kirkmeyer reviewed Section E. 23-2-20.G.3 changes to the Resolution and explained this is standard
language and didn't require any changes. 0 Commissioner Kirkmeyer presented the findings in
Section F. 23-2-230.B.6, and explained and accepted Commissioner Cozad's proposed change.
She stated Section G 23-2-230.B.7, addresses Design and Development Standards and this is standard
language and contains adequate provisions. = Commissioner Kirkmeyer concurred with
Commissioner Cozad's suggested changes in Section G. = Commissioner Kirkmeyer read for the
record Section #3 pertaining to the Board's disagreement with the conclusions of the Department of
Planning Services and the recommendation of the Planning Commission. Commissioner Kirkmeyer read
Commissioner Cozad's changes to page 10, paragraph 3, but the Board decided they would like to keep
"region" because that is in the policy and it is already standard language of the Code. '= Commissioners
Moreno and Conway and Chair Freeman also concurred with Commissioner Kirkmeyer's findings and
the amended resolution. Commissioner Conway clarified that all documents will be available to the public.
Commissioner Kirkmeyer moved to approve said amended resolution and it was seconded by
Commissioner Moreno. The motion, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2016-08 and #2016-09 were approved on Final Reading and
#2016-12 was approved on First Reading.
Minutes, October 3, 2016
Page 5
2016-3090
BC0016
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 10:59 a.m.
ATTEST: daticti C,( •1,Weld County Clek to the Board t�C�
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
161\--416'mil e�
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
EXCUSED
C
c)-
Julie A. Cozad
2
)LLB G�L�.GI L L`JkL
6rbaja Kirkmeyr
Steve Moreno
Minutes, October 3, 2016
Page 6
2016-3090
BC0016
Hello