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Home My WebLink About20163140.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 10, 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 10, 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 -Tern Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Senior Accountant, Chris D' Ovidio le MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County Commissioners meeting of October 5, 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 October 5, 2016, as follows: 1) USR16-0015 - Kenneth and Rana Bachman, c/o Tanner Hill, LLC, 2) 1 MJUSR16-04-1459, (formerly known as USR-1459) - T&M Truck and Auto, LLC, and 3) USR16-0024 - Rentco, LLC, c/o Lily Farm Fresh Skin Care. Commissioner Moreno seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. ▪ CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Cozad seconded the motion, and it carried unanimously. PRESENTATIONS: IPA 1) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - MIKE HILLIS: Chair Freeman read the certificate for the record. Jay McDonald, Director of Public Works, thanked Mr. Hillis for his outstanding service. Mike Livengood, Department of Public Works, recognized Mr. Hillis for his contributions to Weld County within the Public Works Department. Each one of the Commissioners recognized and thanked Mr. Hillis for his hard work and service to the citizens of Weld County and extended well wishes on his retirement. (Clerk's note: the Board paused for a photo opportunity.) Il/-l/I(o 2016-3140 BC0016 Minutes, October 10, 2016 Page 1 PUBLIC INPUT: No public input was given. BIDS: EA 1) APPROVE BID #B1600149, DOWNTOWN PARKING LOT CONSTRUCTION - DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, reviewed the details of the six (6) bids received and stated staff recommends awarding the bid to DCP Civil, LLC, for the amount of $260,529.00. Commissioner Cozad moved to approve said low bid. Seconded by Commissioner Moreno, the motion carried unanimously. El 2) PRESENT BID #B1600151, ELEVATOR MAINTENANCE - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the five (5) bids received and stated staff will bring back a recommendation on October 24, 2016. lEri 3) PRESENT BID #61600156, INTERACTIVE USE OF FORCE AND FIREARMS SIMULATOR - SHERIFF'S OFFICE: Mr. Jiricek reviewed the two (2) bids received and stated staff will bring back a recommendation on October 24, 2016. OLD BUSINESS: IE 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 10/05/2016): Frank Haug, Assistant County Attorney, stated Commissioner Cozad previously offered to do the inspection. Chloe Rempel, Deputy Clerk to the Board, notified the Commissioners of the necessity to move the hearing to November 28, 2016, to allow time to issue all notices. Brian Fuller, applicant, stated there have been issues with the parking lot and he is purchasing the adjoining lot. In response to Commissioner Kirkmeyer, Mr. Fuller reported they would like to open March or April, 2017. Commissioner Kirkmeyer moved to designate Commissioner Cozad to establish the neighborhood make the on -site inspection and set the hearing date for November 28, 2016. The motion was seconded by Commissioner Conway, and it carried unanimously. NEW BUSINESS: 1) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR 915 10TH STREET COURTHOUSE PAINTING AND AUTHORIZE CHAIR TO SIGN - RUSS ARCHIBEQUE PAINTING: Toby Taylor, Director of the Department of Buildings and Grounds, presented the terms of the agreement to paint certain areas of the court house for the upcoming historical event, in the amount of $10,100.00. Commissioner Kirkmeyer moved to approve said agreement and authorize Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. El 2) CONSIDER USER SERVICES AGREEMENT FOR FRONT RANGE COMMUNICATIONS CONSORTIUM MASTER CONTROL SWITCH AND AUTHORIZE CHAIR TO SIGN - CITY OF FEDERAL HEIGHTS: Mike Wallace, Director of the Department of Public Safety Communications, reviewed the details of the agreement. Commissioner Kirkmeyer thanked Mr. Wallace and his staff for their work on this. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. El 3) CONSIDER APPROVAL OF CHAIR'S SIGNATURE ON RESOLUTION OF WELD COUNTY TASK FORCE CONTROL BOARD AUTHORIZING TRANSFER OF EQUITABLE SHARING FUNDS TO WELD COUNTY SHERIFF'S OFFICE: Jennifer Oftelie, Sheriff's Office, explained this is to authorize the use of funds. Commissioner Conway moved to approve said Chair's signature on resolution. Minutes, October 10, 2016 Page 2 2016-3140 BC0016 Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El 4) CONSIDER APPROVAL OF CHAIR'S SIGNATURE ON RESOLUTION OF WELD COUNTY TASK FORCE CONTROL BOARD AUTHORIZING TRANSFER OF EQUITABLE SHARING FUNDS TO WELD COUNTY DRUG TASK FORCE FOR MOVING TO A NEW LOCATION: Deputy Josh Noonan, Sheriff's Office, reviewed the purpose of the funds which will assist with moving the location of the Drug Task Force. Commissioner Kirkmeyer moved to approve the Chair's signature on resolution. The motion was seconded by Commissioner Cozad, and it carried unanimously. 5) CONSIDER APPROVAL OF CHAIR'S SIGNATURE ON RESOLUTION OF WELD COUNTY TASK FORCE CONTROL BOARD AUTHORIZING TRANSFER OF EQUITABLE SHARING FUNDS TO CITY OF GREELEY: Ms. Oftelie reviewed the terms of the distribution of funds to the City of Greeley. Commissioner Conway moved to approve said resolution. The motion was seconded by Commissioner Moreno. Commissioner Kirkmeyer stated she would like an explanation about the reimbursement part of the fund. Ms. Oftelie stated she believes the wording is incorrect in the resolution because it is truly a distribution. Commissioner Kirkmeyer stated because of the language it appears they are reimbursing an entity but the funds should be used to purchase equipment that isn't budgeted. She explained that the Task Force funds have to be signed off by the Sheriff's Office, District Attorney, and the Board of County Commissioners. Commissioner Kirkmeyer moved to amend the current motion and continue this matter to Wednesday, October 12, 2016. Seconded by Commissioner Conway, it carried unanimously. 6) CONSIDER APPROVAL OF CHAIR'S SIGNATURE ON RESOLUTION OF WELD COUNTY TASK FORCE CONTROL BOARD AUTHORIZING TRANSFER OF EQUITABLE SHARING FUNDS TO WELD COUNTY DRUG TASK FORCE FOR SUPPLIES AND SERVICES: Commissioner Kirkmeyer moved to amend said resolution and delete the words "to recuperate a portion of general funds budget in the Year 2015". The motion, which was seconded by Commissioner Conway, carried unanimously. Commissioner Kirkmeyer moved to approve the amended resolution. The motion was seconded by Commissioner Conway and it carried unanimously. ▪ 7) CONSIDER TEMPORARY CLOSURE OF CR 66 BETWEEN CRS 39 AND 41: Janet Lundquist, Department of Public Works, presented the closure effective October 31, 2016, through November 9, 2016. She stated staff will use standard road signs and barricades, and message boards in advance of the road closure. Commissioner Cozad moved to approve said closure. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 8) CONSIDER TEMPORARY CLOSURE OF CR 51 BETWEEN CRS 64 AND 66: Ms. Lundquist reviewed the details of the closure effective October 24, 2016, through October 28, 2016, for the replacement of an irrigation culvert. She reported staff will use magnesium chloride on the gravel portion of the detour route, and standard road signs, barricades and message boards in advance of the road closure. Commissioner Moreno moved to approve said temporary closure. The motion, which was seconded by Commissioner Conway, carried unanimously. • 9) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CR 80.5 AND STATE HIGHWAY 14: Ms. Lundquist presented the terms of the closure effective October 24, 2016, through October 28, 2016, for the replacement of a culvert. She explained staff will use water for dust abatement and standard road signs and barricades. Commissioner Conway moved to approve said closure. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 10) CONSIDER TEMPORARY CLOSURE OF CR 84 BETWEEN CRS 15 AND 19: Ms. Lundquist Minutes, October 10, 2016 Page 3 2016-3140 BC0016 reviewed the details of the closure for the replacement of two (2) culverts which is effective October 17, 2016, through October 26, 2016, and staff will use standard road signs and barricades. Commissioner Moreno moved to approve said temporary closure. The motion, which was seconded by Commissioner Conway, carried unanimously. 11) CONSIDER WAIVER OF ANNEXATION IMPACT REPORT — TOWN OF PLATTEVILLE: Tom Parko, Director of Planning Services, presented the waCommissioner Kirkmeyer stated she has met with the Town of Platteville to get these cleaned up and moved to waive said annexation impact report. Commissioner Conway seconded the motion, and it carried unanimously. El 12) CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: The motion, to appont Bonnie Babcock to the Workforce Development Board which was made by Commissioner Cozad, and seconded by Commissioner Conway, carried unanimously. PLANNING (OLD BUSINESS): 1) ACTION OF THE BOARD CONCERNING REQUEST TO PURSUE AN INJUNCTION AGAINST ROGER UNREIN FOR VIOLATION OF THE WELD COUNTY CODE - ZCV16-0075 (CON'T FROM 9/12/16): Bethany Pascoe, Department of Zoning and Compliance, presented the case and requested a timeline of when the property will be cleaned up. Ms. Pascoe stated they would like to refer this to the County Attorney's Office but delay any legal action for sixty (60) days to allow the property owner to come into compliance. a Roger Unrein, property owner, explained since the last hearing the property has been cleaned up and they continue to work on the property to come into compliance. He presented the Board with pictures displaying the cleaned up property. Commissioner Cozad asked staff if there is any assistance to help remove the debris. Ms. Pascoe re orted they had already delivered vouchers to this specific property during the 2013 Flood clean-up. Pa Commissioner Kirkmeyer asked Mr. Unrein how many campers are on -site and are currently occupied. Mr. Unrein explained there are two (2) RV's on the property and his brother is living in one. Ei Sheryl Rogers, resident of Johnstown, stated that Mr. Unrein needs his brother to live close because Mr. Unrein requires a lot of assistance. The RV can be parked on the property, but not lived in. Commissioner Kirkmeyer moved to refer this to the County Attorney's Office and delay legal action for 90 days, with the stipulation that no one can live in the RV on the property. The motion, which was seconded by Commissioner Cozad, carried unanimously. El 2) ACTION OF THE BOARD CONCERNING REQUEST TO PURSUE AN INJUNCTION AGAINST TODD UBEL AND MELANY KELLER FOR VIOLATION OF THE WELD COUNTY CODE (CON'T FROM 9/12/16): Ms. Pascoe read a letter from the property owner and stated the property remains in violation due to the presence of solid construction waste. She explained the property owner admits that there hasn't been progress toward cleaning up the site. She would like to refer this to the County Attorney's Office to pursue immediate legal action to prohibit the pro erty owner from bringing any more waste onto the property and establish a timeline for the clean-up. Ita In response to Commissioner Conway, Ben Frissell, Department of Public Health and Environment, stated the debris does not pose a threat to the environment or surrounding neighbors, but they need to contain any fugitive dust. a Ms. Pascoe stated the owner would like to submit a pre -application, but the CD needs to be done first which needs to go through the State. a Todd Ubel, resident of Fort Lupton, stated he met with JBC Enterprises and they conveyed interest in pursuing a permit. Ms. Pascoe sent him the requirements to pursue the permit, but he has no desire to get the permit and would like to offer a third option and clean up the area to re -seed. Mr. Frissell would require a CD for the site or need a report from the State that they would not be required to have a CD. Commissioner Kirkmeyer explained the permitting process through the County and applying with the State. Mr. Ubel stated it will take him six (6) to eight (8) months to clean it up, Minutes, October 10, 2016 Page 4 2016-3140 BC0016 smooth out the dirt and make sure he does not impact the neighbors. 1E Richard Gross, Attorney for JBC Enterprises, expressed he understands that the company has been trying to work with the landowner to get permits. In response to Commissioner Cozad, he stated other companies have been using this as a dump site and JBC Enterprises is not the problem. In response to Commissioner Conway, Mr. Gross explained JBC Enterprises is willing to help with paperwork and the permitting process. JBC Enterprises will not be dumping any more debris and they are not interested in operating a commercial landfill. Commissioner Kirkmeyer asked the County Attorney if there is a way to hold JBC Enterprises responsible for dumping the waste. E Bruce Barker, County Attorney, stated it is both the responsibility of the landowner as well as JBC Enterprises to make sure where they are dumping the waste is permitted. No public testimony was offered concerning this matter. In response to Commissioner Freeman, Mr. Ubel would like to reseed the property and he proposes it will take about six (6) months. Commissioner Kirkmeyer made known that JBC Enterprises is not absolved of taking responsibility for dumping waste and they shouldn't have taken the land owner's word. Commissioner Kirkmeyer stated she would like to see it cleaned up within six (6) months, with a progress report to be submitted every thirty (30) days to the Planning staff. Mr. Frissell stated staff would be in agreement to have the landowner smooth and redistribute the fill. El Commissioner Cozad explained there are environmental impacts that could affect the neighbors. In response to Commissioner Cozad, Karin McDougal, Assistant County Attorney, suggested referring this matter to District Court for immediate legal action and enter into a stipulation. Mr. Frissell stated they will have to outsource to have sampling completed. Commissioner Conway explained he doesn't want to see the court involved because it will delay the clean up and it is important to get the clean up going and have the soil tested. Commissioner Kirkmeyer would like to hold JBC Enterprises accountable and assist in the clean-up. Commissioner Cozad moved to refer to the County Attorney's Office for immediate action and enter into a stipulation. The motion was seconded by Commissioner Kirkmeyer. Commissioner Conway would like to see the landowner work with the Health Department to hire a consultant to test the soil, and after further discussion, the motion carried unanimously. PLANNING: 1) SECOND READING OF CODE ORDINANCE #2016-10, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (SIGNS), OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2016-10 by title only. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. Mr. Barker read the title for the record. Michelle Martin, Department of Planning Services, stated the purpose of the code is to allow more frequent rotations of the sign. No public testimony was offered concerning this matter. Commissioner Conway moved to approve on Second Reading. The motion, which was seconded by Commissioner Moreno, carried unanimously. 2) SECOND READING OF CODE ORDINANCE #2016-11, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 (UTILITY SERVICE FACILITY), OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2016-11 by title only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the title for the record. Ms. Martin outlined the definition in Section 23-1-90 to clearly define sub -stations by removing the words of electrical utilities and to making sure sub -stations would be clearly defined under that definition. Commissioner Cozad moved to approve on Second Reading. The motion was seconded by Commissioner Moreno, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2016-10 and #2016-11 were both approved on Second Reading. Minutes, October 10, 2016 Page 5 2016-3140 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 10:37 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board BY' o ty Clerk to the Board Sean P. Conway, Pro -Tern Julicozad Kirkmeyer Steve Moreno Minutes, October 10, 2016 Page 6 2016-3140 BC0016 -J 2 W a N H N U m ui W C4 G G J m W J I - z a W U) w J a w 2 z C C C Hello