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Home My WebLink About20162953.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 21, 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 21, 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 Controller, Barbara Connolly MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of September 19, 2016, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of Hearings conducted on September 19, 2016, as follows: 1) Hearing to Show Cause, PCSC16-0004 — Heartland Biogas, LLC. The motion was seconded and carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: A motion was made and seconded to approve the Consent Agenda as printed, and it carried unanimously. PUBLIC INPUT: No public input was given. (Clerk's Note: Previous audio is unavailable due to technical difficulties.) COMMISSIONER COORDINATOR REPORTS: Commissioner Cozad attended the Hill -n -Park Meeting and they had a discussion about the lack of sidewalks or trails for the school aged kids. Commissioner Cozad attended the Weld County Road 54 corridor meeting. Lastly, she visited the traveling Vietnam Wall. She expressed what an honor it was to read the names of those who were lost during the Vietnam War. She thanked Greg Greitch, VFW 9741, in Frederick, Colorado, as well as Mead and Firestone Rotary Clubs. Commissioner Conway thanked the VFW 9741 and Mr. Greitch who spearheaded the event. He and Janet Lundquist, Department of Public Works, gave an update on the Highway 34 Coalition to the Greeley Chamber of Commerce Business Advisory Committee. He had the 10/17/ (Co Minutes, September 21, 2016 Page 1 2016-2953 BC0016 opportunity to attend a ceremony at a School District 6 charter school, where Noble Energy presented them with two (2) new CNG buses. El Commissioner Moreno stated he presented to a diverse group at University of Northern Colorado. He also reported he and three of the Commissioners participated in the Commissioner's Cup 5k, where Commissioner Freeman had the fastest time of all the Commissioners. ti Commissioner Kirkmeyer presented to a Science and Policy class at University of Colorado, where she discussed land use and oil and gas. She stated she met with the Mayor of Dacono and he is interested in entering into a Coordinated Planning Agreement and Intergovernmental Agreement. She recognized Barb Geitch for being instrumental in the planning of the Vietnam traveling wall. She reported participating in the early Warning Budget Session and stated Weld County has no debt, the mill levy has been reduced 1.48%, there is no sales tax, and the County can boast a fully funded pension plan. Commissioner Kirkmeyer stated the County Council voted to perform a performance audit on the Commissioner's and Clerk's Office. Chair Freeman and Commissioner Conway attended the meeting which is working on planning the100th Anniversary of the Court House. He thanked the staff for all the hard work on the Commissioner's Cup 5k. BIDS: • 1) APPROVE BID #B1600124, LEARNING LAB FORTINET FIREWALL — DEPARTMENT OF INFORMATION TECHNOLOGY: Aleksei Churyk, Department of Information Technology, presented the two (2) bids received and stated staff recommends awarding the low bid from VLCM in the amount of $20,399.04. Commissioner Conway moved to approve said low bid. Seconded by Commissioner Moreno, the motion carried unanimously. el 2) APPROVE BID #B1600129, CONCRETE REPLACEMENT (CENTENNIAL CENTER SIDEWALKS) - DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, requested continuing this matter to September 28, 2016, because staff needs more time to consider the design specifications. Commissioner Cozad moved to continue this matter to September 28, 2016. The motion was seconded by Commissioner Conway, and it carried unanimously. NEW BUSINESS: • 1) CONSIDER AGREEMENT FOR USE OF SPACE IN COUNTY BUILDING (SOUTHWEST SERVICES BUILDING) AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT, INC.: Toby Taylor, Director of Department of Buildings and Grounds, reviewed the terms of the lease agreement. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 2) CONSIDER AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BASE TACTICAL DISASTER RECOVERY: Don Warden, Director of Finance and Administration, presented the details of the agreement with Base Tactical. Commissioner Kirkmeyer explained because the County worked with Base Tactical, the County was able to receive more funding and had a faster reimbursement response time from FEMA. Commissioner Kirkmeyer moved to approve said amendment and authorize Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. PLANNING: 1) CONSIDER RECORDED EXEMPTION, RECX16-0102 - WILLIAM AND SHARON MCKAY AND WADE JOHNSON: Michael Hall, Department of Planning Services, reviewed the proposed two (2) lot exemption and stated Lot B is 30.253 net acres and does not meet the minimum acreage requirements to keep proposed Lot B greater than thirty-five (35) acres. He reported there is an existing home located on Lot A that doesn't appear on the slide because it is newly built, then presented slides demonstrating Minutes, September 21, 2016 Page 2 2016-2953 BC0016 how Lot B has reduced in size over time and explained if approved, this will be the fifth Recorded Exemption on this tract of land. Planning Staff is recommending denial because it isn't in compliance with the Weld County Code. He stated the applicant purchased the property in May, 2013, and wasn't eligible for a Recorded Exemption at the time. He stated this can be reversed if the Commissioners find there are extenuating circumstances. In response to Commissioner Cozad, Mr. Hall explained at the time of the Recorded Exemption done in April, 2011 the plat note was omitted which states Lot B was not eligible for a split and if this RE is approved there will be six (6) total lots. Commissioner Cozad clarified that the shared access would be located on Lot A, Mr. Hall stated the house was built 2014-2015. = Robert Kreps, representative of William and Sharon McKay, clarified that it was never disclosed the property was eligible for a Recorded Exemption. He stated later when they applied for the Subdivision Exemption, they were told they weren't eligible because of the thirty-five (35) acre rule. They want the split so each parcel will have their own legal description. El Commissioner Cozad wanted to know if there was a note about less than 35 acres, being puttin• on the plat, and Mr. Hall explained that this Recorded Exemption came in prior to August, 2010. Commissioner Moreno requested to view the photo of both Lots which one home is on proposed Lot A and one is on proposed Lot B. Commissioner Kirkmeyer asked why the applicant didn't pursue a Subdivision Exemption. el Commissioner Cozad explained that there needs to be extenuating circumstances, and because there wasn't a note on the Plat this could be an eligible circumstance. She stated there are a lot of people who are not aware of the Code chan•e and there isn't an additional impact on the surrounding area because the access is already there. Commissioner Conway stated he concurred with the comments made by Commissioner Cozad. El Commissioner Kirkmeyer stated the fact there are two (2) homes are already built on the parcel, so she doesn't believe there would be any additional impact on the surrounding property owners. Commissioner Cozad moved to approve said Recorded Exemption with the addition of a Condition which requires the vacation of ZPSD14-0015. The motion, which was seconded by Commissioner Conway, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. Minutes, September 21, 2016 Page 3 2016-2953 BC0016 There being no further business, this meeting was adjourned at 10:02 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:daQtito) ;(i Weld County Clerk to the Board BY: a Deputy Clerk to the Board Mike Free an, Chair Ju ie A. 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