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Home My WebLink About20160204.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 18, 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, January 18, 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 January 13, 2016, as printed. Commissioner Conway seconded the motion, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on January 13, 2016, as follows: 1) USR15-0055 - David and Holly Novak, 2) USR15-0044 - Sage Brush, LLC, do Randy Jackson, and 3) USR15-0058 - State of Colorado, do Bonanza Creek Energy Operating Company, LLC. Commissioner Cozad seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. • PUBLIC INPUT: No public input was given. BIDS: 1) APPROVE BID #61500179, COUNTY-WIDE VIDEO DISTRIBUTION SYSTEM - DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS (CON'T FROM 12/9/2015): Trevor Jiricek, Director of General Services, stated staff recommends continuing this matter, to allow staff more time to review vendors. Commissioner Conway moved to continue this matter to February 24, 2016. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 2) APPROVE BID #B1500196, PERMANENT FLOOD REPAIR - TWO RIVERS PARKWAY Minutes, January 18, 2016 2016-0204 / Page 1 BC0016 (EM-BR 27.5-48A) - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff recommends continuing this to allow CDOT to fulfill their requirements. Commissioner Kirkmeyer moved to continue this to January 25, 2016. The motion was seconded by Commissioner Conway, and it carried unanimously. • CONSENT AGENDA: Commissioner Conway moved to remove item#2 from the Consent Agenda and move the item to the Consent Agenda on January 25, 2016, in conjunction with Bid #B1500196. Commissioner Moreno seconded the motion, and it carried unanimously. Commissioner Cozad moved to approve the Consent Agenda as amended. Commissioner Moreno seconded the motion, and it carried unamiously. NEW BUSINESS: • 1) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ELSIE DALTON: Tiffane Johnson, Department of Public Works, reviewed the details of the agreement for the total amount of$12,080.00. Commissioner Conway moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Ei 2) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOHN AND DEE SMITH: Ms. Johnson presented the details of the agreement for the total amount of$11,707.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign all necessary documents. Seconded by Commissioner Cozad, the motion carried unanimously. Ei 3) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-ROGER AND CHARLENE FRIDGE: Ms. Johnson reported the details of the agreement for the total amount of $51,018.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. ei 4) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RANDY AND CATHERINE EVANS: Ms. Johnson reviewed the terms of the agreement for the total amount of $6,656.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion, which was seconded by Commissioner Conway, carried unanimously. • 5) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ELLA AND LONNIE FORD: Ms. Johnson presented the terms of the agreement for the total amount of $9,159.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign all necessary documents. Commissioner Conway seconded the motion, and it carried unanimously. • 6) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 Minutes, January 18, 2016 2016-0204 Page 2 BC0016 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS- DOUGLAS AND LINDA RATZLAFF: Ms. Johnson reviewed the details of the agreement for the total amount of $4,149.00. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Conway, and it carried unanimously. • 7) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49, BETWEEN 1-76 AND CR 38, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ASSURED LIFE ASSOCIATION: Ms. Johnson reviewed the terms of the agreement for the total amount of $1,690.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign all necessary documents. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. El 8) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49, BETWEEN 1-76 AND CR 38, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JAMES AND DIANE MILDENBERGER: Ms. Johnson reviewed the terms of the agreement for the total amount of $19,273.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion, which was seconded by Commissioner Conway, carried unanimously. • 9) CONSIDER AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49, BETWEEN 1-76 AND CR 38, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JACOB AND CASSANDRA MILDENBERGER: Ms. Johnson presented the terms of the agreement for the total amount of$11,632.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Conway, and it carried unanimously. El 10)CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR CR 14.5 (14TH STREET), BETWEEN DENVER AVE AND U.S. HIGHWAY 85, AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON: Bruce Baker, County Attorney, reviewed the details of the agreement and stated this is the contribution the Board will be making for the stretch of County Road 14.5 (14th Street). Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. • 11) CONSIDER ACKNOWLEDGEMENT OF TERMINATION OF NON-EXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 4 AND AUTHORIZE CHAIR TO SIGN - MICHAEL COAN: Mr. Barker explained this is a request from Mr. Coan to acknowledge termination of the non-exclusive license. Commissioner Kirkmeyer moved to acknowledge termination of said non- exclusive license and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. Ei 12) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR HARP AND AUTHORIZE CHAIR TO SIGN: Barbara Connolly, Controller, stated this agreement is between the Federal Mineral Lease Board and Public Works in the amount of $1,425,000.00 to fund HARP projects. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, January 18, 2016 2016-0204 Page 3 BC0016 el 13) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR WATER TESTING AND AUTHORIZE CHAIR TO SIGN: Ms. Connolly explained this is the second agreement that has been in place for the last five (5) years to be used for Water testing. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 14) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSEFINA CLIFTON: Karin McDougal, Assistant County Attorney, presented the certification request for the total amount of $2,240.00. No public input was offered concerning this matter. Commissioner Conway expressed he disagrees with the violation penalties applied to the property owners and that he would not be voting for this matter. Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. • 15) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTURO CORRAL, AKA CORRAL ENTERPRISES, LLC: Ms. McDougal presented the certification request for the total amount of$18,100.00. No public testimony was offered concerning this matter. Commissioner Moreno moved to approve said certification. Commissioner Cozad seconded the motion. Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. 16) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT- ROGER AND SHERYL HILL: Ms. McDougal presented the certification request for the total amount of $2,240.00. Ms. Hill was momentarily excused, therefore Commissioner Kirkmeyer moved to continue this item to New Business #23. Seconded by Commissioner Cozad, the motion carried unanimously. (Clerk's Note: the following is the continuation of item #16.) eSheryl Hill, resident of Eaton, stated she has been trying to get as much done and turned in the paperwork three years ago. Ms. Pascoe stated she has photos to display of the property and explained the reasons why this is classified as a commercial business. Ms. Pascoe reported there are two semi-trailers, multiple tire rims, several derelict vehicles, but there has not been much progress made as for the cleanup of the property. Commissioner Conway asked Ms. Hill if she has reached out to some local salvage yards. Ms. Pascoe explained the requirements of the permit. Ms. Hill stated she can get in compliance in the next six (6) months and enter into a new stipulation. Commissioner Kirkmeyer moved to continue this matter to February 29, 2016, with direction to the County Attorney to work on a stipulation agreement and stop the penalties. Seconded by Commissioner Moreno, the motion carried unanimously. El 17) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - TRENTON PARKER: Ms. McDougal presented the certification request for the total amount of$22,400.00. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve said certification. Commissioner Moreno seconded the motion. Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. • 18) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - RICHARD PIERRO AND TIM FREI: Ms. McDougal presented the certification request for the total amount of $5,260.00. Ms. Pascoe stated when she contacted Mr. Pierro, he explained he just found out about the violation and asked the Board not to pursue the certification of lien as he is going to start the eviction process because Mr. Frei is the tenant of the property. Bruce Barker, County Attorney, recommended to continue the matter to February 29, Minutes, January 18, 2016 2016-0204 Page 4 BC0016 2016. Commissioner Cozad moved to continue the matter as recommended. Seconded by Commissioner Conway the motion carried unanimously. • 19) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - APOLINAR VALLEJO AND FRANCISCO BARRON: MS. McDougal presented the certification request for the amount of $17,400.00. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve said certification. Commissioner Cozad seconded the motion, and upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. El 20) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JUANITA VASQUEZ: Ms. McDougal presented the certification request for the amount of$3,000.00. No public testimony was offered concerning this matter. Commissioner Moreno moved to approve said certification. The motion was seconded by Commissioner Cozad. Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. • 21) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT (18TH STREET PROPERTY) -ABEL VEGA: Ms. McDougal presented the certification request for the amount of $9,500.00. Commissioner Kirkmeyer moved to approve said certification. No public testimony was offered concerning this matter. Commissioner Cozad seconded the motion, and upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. el 22) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT (CEDAR PROPERTY) -ABEL VEGA: Ms. McDougal stated Mr. Vega has recently submitted a Site Plan Review. In response to Commissioner Cozad, Ms. Pascoe explained the Site Plan Review was submitted a couple of weeks ago and it was complete at the time of submittal. Ms. McDougal explained when the court is petitioned to no longer pursue the fines they will request they go back to the day when the site plan was submitted. Commissioner Kirkmeyer moved to approve said certification of zoning penalties as special assessment. The motion was seconded by Commissioner Moreno, and upon a roll call vote, the motion passed three to two, with Commissioner Conway and Commissioner Cozad opposed. Commissioner Cozad expressed the reason why she voted against the motion. OLD BUSINESS: • 1) SECOND READING OF CODE ORDINANCE #2015-24, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 17 PUBLIC PLACES, OF THE WELD COUNTY CODE (CON'T FROM 11/30/2015): Commissioner Cozad moved to read Code Ordinance #2015-24 by title only. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. He reviewed the two changes to the code. First is delegating authority to department heads dealing with contracts and the second change is the use of public buildings. Commissioner Conway expressed his frustration at the changes to the code. In response to Commissioner Conway, Mr. Barker stated he is not aware of there being any concerns or roblems. Commissioner Kirkmeyer asked for the date of the supreme court ruling for equal access. IN Joshua Miller, resident of Greeley, stated he is opposed to the code. Commissioner Conway stated it is important to have the full Board weigh in on this matter. He feels that the rooms should be available to all groups that request them and would like to go back and review the code because this is the wrong approach to take. Commissioner Cozad stated she is in favor of this code change and doesn't feel like this blocks public access at all. She reported after Minutes, January 18, 2016 2016-0204 Page 5 BC0016 speaking with other government associations they don't allow rotatory clubs to use their conference rooms unless they are small communities. eCommissioner Moreno explained he believes the rooms are paid for by the public and just because something is in place for several years doesn't mean it shouldn't be reviewed from time to time to look out for the best interest of the citizens. Commissioner Kirkmeyer stated she is in support of the code change and doesn't feel like they are banning the use of the facility. She suggested there may be some problems with the policy that is 30 years old and would like to see it updated to ensure the Board is in compliance with the law and expressed her concerns about the rooms being utilized appropriately. aCommissioner Cozad moved to approve on Second Reading. The motion was seconded by Commissioner Kirkmeyer who also requested a work session prior to the Final Reading. Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2015-24 was approved on Second 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 ATTESTertitvti t1 •4k Mike Freeman, Chair Weld County Clerk to the Board Serfs Conway, Pro Dept. Clerk to the B•ard I. (�4LL4fth A ozad I tkirVr20„iSrdidluca_ rara Kirkmeyer `r Steve Moreno Minutes, January 18, 2016 2016-0204 Page 6 BC0016 Hello