HomeMy WebLinkAbout20160039.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 4, 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 4, 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 Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
El ELECTION OF CHAIR: Commissioner Conway moved to elect Commissioner Freeman as Chair
of the Board of County Commissioners for the year 2016. The motion was seconded by Commissioner
Moreno, and it carried unanimously.
IR ELECTION OF CHAIR PRO-TEM: Commissioner Cozad moved to elect Commissioner Conway
as Chair Pro-Tem of the Board of County Commissioners for the year 2016. The motion was seconded
by Commissioner Moreno, and it carried unanimously.
Ei ASSIGNMENTS: Commissioner Kirkmeyer moved to approve the Commissioner Coordinator
assignments for the various departments in 2016. Commissioner Cozad seconded the motion, which
carried unanimously.
• MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of December 30, 2015, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner Cozad moved to read Code Ordinance #2016-01
by audio. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on December 30, 2015, as follows: 1) USR15-0052 - L.E.C. Construction, LLC, and
2) USR15-0056 - Lee Detterer. Commissioner Moreno seconded the motion, which carried unanimously.
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▪ 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.
PUBLIC INPUT: No public input was given.
BIDS:
le 1) PRESENT BID #61500196, PERMANENT FLOOD REPAIR - TWO RIVERS PARKWAY
(EM -BR 27.5-48A) - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services,
presented the three bids received. Staff will make a recommendation to the Board on January 18, 2016.
NEW BUSINESS:
El 1) CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD
FOR 2016: Commissioner Cozad moved to approve said resolution scheduling the regular meetings of
the Board. The motion was seconded by Commissioner Moreno, and it carried unanimously.
El 2) CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 2016:
Commissioner Conway moved to approve said resolution authorizing the publication of proceedings for
2016. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
El 3) CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR
POSTING OF PUBLIC NOTICES: Commissioner Moreno moved to approve said resolution designating
the place for posting public notices. The motion, which was seconded by Commissioner Kirkmeyer,
carried unanimously.
• 4) CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR
POSTING OF NOTICES OF TAX LIEN SALES AND NOTICES OF PROPERTIES GOING TO DEED:
Commissioner Kirkmeyer moved to approve said resolution designating the place for posting Treasurer
notices. Commissioner Conway seconded the motion, and it carried unanimously.
El 5) CONSIDER APPOINTMENT OF COMMISSIONER MIKE FREEMAN TO CERTAIN ADVISORY
BOARDS: Commissioner Kirkmeyer moved to approve the listed appointments. The motion was
seconded by Commissioner Conway, and it carried unanimously.
• 6) CONSIDER APPOINTMENT OF COMMISSIONER SEAN P. CONWAY TO CERTAIN
ADVISORY BOARDS: Commissioner Moreno moved to approve the listed appointments. Seconded by
Commissioner Cozad, the motion carried unanimously.
IE 7) CONSIDER APPOINTMENT OF COMMISSIONER JULIE A. COZAD TO CERTAIN ADVISORY
BOARDS: Commissioner Conway moved to approve the listed appointments. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
El 8) CONSIDER APPOINTMENT OF COMMISSIONER BARBARA KIRKMEYER TO CERTAIN
ADVISORY BOARDS: Commissioner Moreno moved to approve the listed appointments. The motion
which was seconded by Commissioner Conway, carried unanimously.
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IE 9) CONSIDER APPOINTMENT OF COMMISSIONER STEVE MORENO TO CERTAIN
ADVISORY BOARDS: Commissioner Conway moved to approve the listed appointments.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
El 10) CONSIDER APPOINTMENT OF REBECCA KOPPES-CONWAY TO YOUTH AND FAMILY
CONNECTIONS BOARD AND EXECUTIVE COMMITTEE: Commissioner Cozad moved to approve
said appointment. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
• 11) CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - A KID'S
PLACE: Commissioner Conway moved to approve said memorandum of agreement and authorize the
Chair to sign. Commissioner Moreno seconded the motion. At the request of Chair Freeman, Judy
Griego, Director of the Department of Human Services, explained this will allow for continuation funding
from the 2016 Child Welfare Block Grant for the provision of services at A Kid's Place by the Department
of Human Services, Sheriff's Office and District Attorney's Office, for an amount not to exceed
$11,913.00. In response to Commissioner Moreno, Ms. Griego confirmed the amount will be paid out in
monthly installments. There being no further discussion, the motion carried unanimously.
IR 12) CONSIDER RETROACTIVE AGREEMENT FOR SERVICES AND MATERIALS AND
AUTHORIZE CHAIR TO SIGN - AMERICAN ARBORIST SERVICE: Frank Haug, Assistant County
Attorney, stated American Arborist Service was awarded a bid for their services following the 2013 flood
event; however, this retroactive agreement is necessary to be eligible for FEMA reimbursement
purposes. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CI 13) CONSIDER CHANGE ORDER #1 FOR 822 7TH STREET DEMOLITION (BID #B1500176) -
PROPERTY ASSURANCE COMPANY, LLC: Toby Taylor, Director of the Department of Buildings and
Grounds, stated additional asbestos was located at the site and this Change Order will cover the cost to
have it removed. Commissioner Conway moved to approve said Change Order and authorize the Chair
to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously.
▪ 14) FIRST READING OF CODE ORDINANCE #2016-01, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Trevor Jiricek, Director of General Services, stated the proposed revisions were
previously discussed in a work session, which he reviewed for the record. No public testimony was
offered concerning this matter. The motion to approve Code Ordinance #2016-01 on First Reading,
which was made by Commissioner Kirkmeyer, and seconded by Commissioner Conway, carried
unanimously.
PLANNING OLD BUSINESS:
• 1) CONSIDER RECORDED EXEMPTION, RECX15-0090 - TMP, LLC (CON'T FROM 12/7/2015):
Chris Gathman, Department of Planning Services, stated the Recorded Exemption was administratively
approved on August 28, 2015, and he gave a brief description of the location of the site. He explained
that Condition of Approval #4.D required the applicant to designate the future and existing right-of-way,
as well as the appropriate setbacks for County Road (CR) 3, which is currently a gravel road but is
designated as a collector status roadway. The surveyor indicated there is no evidence of formally
established right-of-way along the western boundary of the property; however, there is an exclusive
70 -foot easement for the Platte River Power Authority (PRPA). Therefore, staff amended the Condition
to read: "The applicant shall provide documentation from the Platte River Power Authority that they have
no objection to the existing and proposed access crossing their easement recorded under Reception
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number 1713398." The PRPA did respond indicating the proposed new access, along with the existing
residential access are fine, with the condition that the access(es) be maintained within six (6) inches of
the existing grade. The applicant is in agreement with ongoing maintenance of the easement. Based on
the responses, staff is recommending approval because the revised Condition of Approval #4.D has been
addressed. a In response to Commissioner Kirkmeyer, Mr. Gathman stated the County has been
maintaining the right-of-way as a clearly established public roadway. Responding further to
Commissioner Kirkmeyer, Mr. Barker explained the County can obtain possession of right-of-way through
prescriptive use after a period of 20 years of maintenance, which does not have to be proven unless
challenged. He clarified the Condition required the applicant to give an additional 30 feet on the east
side of the section line, which is where the power easement is located, therefore, the revised condition
allows the applicant to cross the power line easement, which has been occurring since 1974. In response
to Commissioner Kirkmeyer, Mr. Gathman deferred to Public Works as to why the additional access
permit was granted as part of the Recorded Exemption process, rather than following County policy of a
shared access. Commissioner Cozad stated agreement with allowing two accesses in this instance due
to the nature of the road. Mr. Gathman indicated the location of Lot A, which contains an existing
residence, and the remainder is Lot B which was granted a new separate access. Commissioner
Kirkmeyer questioned why the County policy was not adhered to and why the matter is being considered
by the Board. Mr. Barker stated this matter was originally brought to the Board because the original
Condition could not be met; however, the revised language satisfies staff's concerns and they are now
recommending approval.
Zach Kolanda, applicant, stated the purpose of the application is to split off the existing residence
and sell it to his sister-in-law and he intends to build his home on Lot B.
Commissioner Cozad moved to approve Recorded Exemption, RECX15-0090, with the Conditions
of Approval as proposed and modified. Commissioner Conway seconded the motion. Commissioner
Cozad commented that she agrees with the policy of shared accesses, when feasible, but she does
support two accesses in this case. Commissioner Conway agreed. Mr. Gathman stated the existing
access is classified as Residential and the new access permit is for Agricultural use, not Residential.
Commissioner Kirkmeyer stated the permitted access use will need to be addressed by the applicant
before constructing a new residence. There being no further discussion, the motion carried unanimously.
PLANNING:
• 1) SECOND READING OF CODE ORDINANCE #2015-26, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Commissioner Conway moved to read the Ordinance by title only. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously. Mr. Barker read the title for the record. Tom Parko, Director
of Planning Services, requested this matter be continued to January 25, 2016, to allow adequate time to
schedule and conduct a stakeholder meeting and return to the Board with feedback and additional
recommendations.
▪ Amanda Harper, County resident, questioned the Board's intentions for the proposed changes to
address rules and policies that are being proposed by the Colorado Oil and Gas Conservation
Commission. Chair Freeman explained the Board's reasons for making the proposed changes.
Commissioner Kirkmeyer added the USR process would afford the Commissioners the opportunity to
determine compatibility between surface and subsurface property rights. Ms. Harper asserted that
allowing oil and gas production facilities will infringe upon her personal property rights.
Commissioner Moreno moved to continue the matter to January 25, 2016, at 9:00 a.m.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
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▪ Commissioner Moreno moved to continue the matter to January 25, 2016, at 9:00 a.m.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
▪ 2) SECOND READING OF CODE ORDINANCE #2015-27, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Commissioner Cozad moved to read the Ordinance by title only. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously. Mr. Barker read the title for the record. Ms. Martin explained, based on
direction from the Board at the First Reading, staff will be working to refine the proposed language
regarding community solar and utility solar facilities. Commissioner Kirkmeyer clarified the Board gave
direction to continue with community solar facilities (2-3 megawatts covering 12-16 acres) as a Use by
Special Review (USR) in the A (Agricultural) Zone District, and that utility solar facilities (75,000 panels
on 110 acres) would be required to locate in the Industrial Zone as a Use by Right. Ms. Martin confirmed
she has received several emails from industry representatives with proposals, which she will review with
the Board during a work session where she will also be providing staff's recommended changes. The
Board requested a work session prior to the final reading.
Maydean Worley, County resident, questioned the difference between zoning required for solar,
versus oil and gas uses. Mr. Barker responded by explaining the industrial nature for solar will be
determined by the number of solar panels and the necessary decommissioning to remove panels and
proximity problems with certain other uses, whereas the zoning for oil and gas occurs in all of the zone
districts. Commissioner Kirkmeyer explained there are certain uses which are allowed as a Use by Right
in the various zone districts and then there are other more intense uses which require a USR to allow a
public review process.
• J.D. Roybal, County resident, suggested considering allowing solar uses surrounding pivot irrigation
configurations. As a side note he suggested hemp farming in the corner parcels should also be
considered. Commissioner Kirkmeyer confirmed the Board is considering allowing the Community solar
facilities to remain as a USR in the Agricultural Zone District.
- -- Therese Gilbert, County resident, questioned the economic impact of imposing the USR process
on farmers who choose to allow solar facilities on their land. Commissioner Freeman stated that is
currently what is required. She suggested alternative energy uses need to be incentivized.
El Karen Martin, UNC employee and Larimer County resident, questioned whether the parameters of
a utility solar facility is anything more than the community solar facility (2-3 megawatts, 12-16 acres).
Ms. Martin stated that is the general direction from the Board; however it has not yet been formally
defined. She is currently in the process of researching what other jurisdictions have established. In
response to Ms. Martin, Chair Freeman stated Weld County does value alternative energy sources,
noting it has the largest wind farm in the state, several solar facilities have already been approved, and
it is certainly a part of the County's economic base. Commissioner Conway stated the benchmark
amounts were offered by the industry representatives and the proposed Ordinance is an attempt to
balance the growing amount of applications for large industrial sites and formulate language for
consistent processing going forward.
Commissioner Moreno moved to continue the matter to January 25, 2016. Commissioner
Kirkmeyer seconded the motion, which carried unanimously. Commissioner Conway stated he will vote
in support of the continuance which will also afford adequate time to research the industry input provided
previously at the First Reading.
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3) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST MEN, LLP, C/O ELFIDO
CHAVEZ FOR VIOLATION OF THE WELD COUNTY CODE - ZCV15-00157: Bethany Pascoe, Zoning
Compliance Officer, gave a brief overview of the violation history and site conditions. She stated staff
recommends the matter be referred to the County Attorney's Office for immediate legal action in District
Court; however, should the Board decide to grant additional time to remedy the violation, a Consent
Agreement would be necessary. a In response to Commissioner Moreno, Ms. Pascoe confirmed
there was a previous violation concerning buildings which were constructed without a building permit and
that violation is still pending. Responding to Commissioner Cozad, Ms. Pascoe stated the property owner
is also allowing a friend to operate his business from the site and she estimated the property to contain
8-12 tankers and at least 2 semi trucks. la Karin McDougal, Assistant County Attorney, added that
should a Consent Agreement be granted and then violated, she requested the Resolution allow legal
staff to proceed with immediate action. a Elfido Chavez stated he is self-employed and operates a
small concrete business, and there is a gas line being constructed on the property, so that activity is not
related to his business. He confirmed he has allowed his friend to park and store some of his equipment
at the site due to the decline in the oil and gas industry. He stated he understands the requirement to
completed a USR (Use by Special Review) permit and obtain the necessary building permits.
Commissioner Kirkmeyer stated he was notified of the need for a USR in 2014. Mr. Chavez confirmed
he intends to go get a pre -application today and pursue the USR process. Responding to Commissioner
Conway, Ms. Pascoe confirmed there are building compliance issues with the large shop on the site but
today's hearing is just addressing the commercial business violation. Commissioner Kirkmeyer moved
to pursue an injunction, with direction to staff to delay action for 30 days to allow Mr. Chavez time to
complete a Consent Agreement and request a pre -application today, otherwise staff may proceed
immediately to court. Commissioner Cozad seconded the motion. Commissioner Kirkmeyer commented
Mr. Chavez should be able to submit a complete application within the thirty days. Commissioner Cozad
agreed. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. The First Reading of Code Ordinance #2016-01 was continued to January 25, 2016.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, January 4, 2016
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There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
d,aiteu
Weld County CIeto the Board
BY
Depty Clerk to the Board
Mike Freema Chair
Steve Moreno
Minutes, January 4, 2016
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