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Home My WebLink About20160894.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 14, 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, March 14, 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 Conway moved to approve the minutes of the Board of County Commissioners meeting of March 9, 2016, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Moreno moved to approve the Certification of Hearings conducted on March 9, 2016, as follows: 1) USR15-0077 - Cannon Land Company, do Certarus, Ltd., 2) Change of Zone, COZ15-0003 -Wes Moser, Inc., 3) COZ15-0006 - Mark and Jennifer Phillips, 4) RES15-0002 - Mark and Jennifer Phillips, and 5) USR15-0075 - Weld LV, LLC, do Gerrard Investments, LLC. Commissioner Conway seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: Commissioner Conway moved to add item #2 under Bids: 2) APPROVE BID #B1600044, ENGINEERING/DESIGN (CENTENNIAL CENTER PLAZA) - DEPARTMENT OF BUILDINGS AND GROUNDS: The motion was seconded by Commissioner Cozad, and it carried unanimously. • CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. PRESENTATIONS: 1) RECOGNITION OF SERVICES, MAYOR OF THE TOWN OF EATON - SCOTT MOSER: Chair Freeman read the certificate for the record recognizing Mayor Moser for his services as the Town of Eaton's Mayor. Commissioner Cozad made a motion to approve the resolution of recognition. Seconded Minutes, March 14, 2016 2016-0894 V)I Page 1 BC0016 by Commissioner Conway, the motion carried unanimously. Commissioner Conway expressed he appreciates the dedication Mayor Moser put into getting the Highway 85 Coalition started. Commissioner Cozad stated she is honored she was able to work alongside Mayor Moser on the North Front Range MPO and was most impressed when Mayor Moser and some his staff assisted the Town of Milliken during the 2013 flood. Commissioner Moreno appreciates the service he has provided to Weld County. Chair Freeman stated Mayor Moser is a tremendous leader for the Community as the Mayor of Eaton. • 2) RECOGNITION OF SERVICES, MAYOR OF THE TOWN OF MILLIKEN - MILT TOKUNAGA: Chair Freeman read the certificate for the record recognizing Mayor Tokunaga for his leadership and dedication to constituents during and following the 2013 flood and as a valuable contributor to Weld County. Commissioner Cozad made a motion to approve the resolution of recognition. The motion was seconded by Commissioner Conway, and it carried unanimously. = Commissioner Cozad explained she served under Mayor Tokunaga, and said she really appreciated that he took responsibility for the citizens during the 2013 flood and assisted with the setup of a Red Cross shelter. = Commissioner Conway appreciates his participation with the Upstate Economic Development Board. Commissioner Moreno said Mayor Tokunaga is an outstanding person and had a collaborative relationship with Weld County. (Commissioner Kirkmeyer arrived at 9:15 a.m.) Commissioner Kirkmeyer stated she would like to mention both of the Mayors and recognize their accomplishments and leadership. • 3) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - LEON SIEVERS: Chair Freeman read the certificate for the record recognizing Mr. Sievers for his years of dedicated service to the County of Weld. Jay McDonald, Director of Department of Public Works, presented Mr. Sievers with a plaque and pin recognizing his years of service with Weld County. Mr. McDonald stated Mr. Sievers came to the County with a depth of knowledge concerning County roads. He said he will be missed and he congratulated him on his service. Each of the Commissioners congratulated Mr. Sievers on his retirement and expressed how proud they are concerning all his hard work and thanked him for his service in the United States Army. (Clerk's Note: the meeting was paused to allow for a photo opportunity.) • PUBLIC INPUT: No public input was given. BIDS: • 1) APPROVE BID #B1600029, BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC WORKS (CON'T FROM 3/2/2016): Trevor Jiricek, Director of General Services, presented the low bid from Weld County Constructors for the amount of $241,872.00. Commissioner Conway moved to approve said low bid. The motion was seconded by Commissioner Cozad, and it carried unanimously. El 2) APPROVE BID #61600044, ENGINEERING/DESIGN (CENTENNIAL CENTER PLAZA) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek stated staff recommends awarding the low bid from Allen and Hoshall in the amount of$17,500.00. Commissioner Moreno moved to approve said low bid. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 3) PRESENT BID #B1600059, GENERATOR INSTALLATION/HMGP (THREE LOCATIONS) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the seven (7) bids received and stated staff will bring back a recommendation on March 28, 2016. Minutes, March 14, 2016 2016-0894 Page 2 BC0016 • 4) PRESENT BID #B1600058, CUSTODIAL SUPPLIES - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the fourteen (14) bids received and stated staff will bring back a recommendation on March 28, 2016. NEW BUSINESS: El 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R3854686) - CJBL LAND LIMITED, LLC: Christopher Woodruff, Assessor, presented the abatement for the tax year 2014. The property is located at 259 30th Street, Greeley, Colorado. He stated it is the old RR Donnolly building and last year they appealed their taxes and the refund is $70,092.74. Commissioner Conway moved to approve the abatement of taxes and the refund. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. El 2) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN - CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846: Frank Haug, Assistant County Attorney, reviewed the details of the renewal application and advised there haven't been any reported issues for this location. Commissioner Moreno moved to approve said renewal application and authorize the Chair to sign. Commissioner Cozad seconded the motion, and it carried unanimously. • 3) CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON-SITE INSPECTION AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF A 3.2% BEER ON PREMISES LICENSE -ANA LUCERO, DBA POLLO FELIZ: Mr. Haug presented the request to establish the neighborhood, set a hearing date and select a Commissioner to do an on-site inspection. Commissioner Kirkmeyer moved to establish the neighborhood, designate Commissioner Moreno, and set the hearing for March 28, 2016. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 4) CONSIDER CHAIR'S SIGNATURE ON RESOLUTION OF THE WELD COUNTY TASK FORCE CONTROL BOARD AUTHORIZING TRANSFER OF EQUITABLE SHARING FUNDS-CITY OF EVANS: Barb Connolly, Controller, presented the request for transfer of equitable shares for the Sheriff's Office. Commissioner Conway moved to approve said transfer of equitable sharing funds. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 5) CONSIDER CHAIR'S SIGNATURE ON RESOLUTION OF THE WELD COUNTY TASK FORCE CONTROL BOARD AUTHORIZING TRANSFER OF EQUITABLE SHARING FUNDS -WELD COUNTY TASK FORCE: Commissioner Kirkmeyer stated this is the same type of agreement as item#4 to transfer funds to the City of Greeley. Commissioner Kirkmeyer moved to approve said transfer of equitable sharing funds. Seconded by Commissioner Conway, the motion carried unanimously. • 6) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - FLORENCE NOPENS: Tiffane Johnson, Department of Public Works, reviewed the details of the agreement for the amount of $15,955.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Moreno, and it carried unanimously. El 7) CONSIDER CHANGE ORDER NO. 3 FOR CR 49 PHASE 1 RIGHT-OF-WAY ACQUISITION PROJECT - WESTERN STATES LAND SERVICES: Elizabeth Relford, Department of Public Works, stated this will allow staff to extend the contract date. Commissioner Conway moved to approve said Minutes, March 14, 2016 2016-0894 Page 3 BC0016 change order#3 and authorize Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. El 8) CONSIDER DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND DELEGATE AUTHORITY TO CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS: Barb Connolly, Controller, reviewed the details of the annual inventory of equipment that has reached its end of life or can no longer be repaired. Commissioner Kirkmeyer moved to declare equipment as surplus property and delegate authority to the Controller to sign any necessary documents. Seconded by Commissioner Cozad, the motion carried unanimously. 9) SECOND READING OF CODE ORDINANCE#2016-03, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2016-03 by title only. The motion, which was seconded by Commissioner Moreno, carried unanimously. Mr. Haug read the title for the record and stated there are no changes since the last reading. No Public testimony was offered concerning this matter. The motion to approve on Second Reading, which was made by Commissioner Kirkmeyer and seconded by Commissioner Cozad, carried unanimously. VIOLATION: 1) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST SHERWOOD DONALD LANGLEY AND ELIZABETH GARBER, DBA WASTE CHASERS, LLC, FOR VIOLATION OF THE WELD COUNTY CODE - ZCV16-00016: Bethany Pascoe, Department of Planning Services, explained the details of the code violations on the property located in the A (Agricultural) Zone. a John Garber, tenant of the property and co-owner of Waste Chasers, explained to the Board that he required more time to remove the large containers from the floodplain. Karin McDougal, Assistant County Attorney, explained that they can enter into a Consent Agreement and allow Mr. Garber more time to remove the containers. Commissioner Kirkmeyer moved to continue said matter to April 4, 2016, at 9:00 am. The motion was seconded by Commissioner Conway, and it carried unanimously. PLANNING: 1) CONSIDER FOUR (4) LOT RECORDED EXEMPTION, RECX15-0165 - NORTH STAR FARMS, LLC, C/O ROY ENTER: Michael Hall, Department of Planning Services, reviewed the details of the recorded exemption and presented slides that displayed the property. AP-000016, will use this as an access road onto CR 19 using Access Permit AP-000016. He explained that Planning Services has denied the recorded exemption and he gave a list of sections within the code that are in violation. Mr. Hall explained to the Board that they will have a shared access off CR 19. Janet Lundquist, Department of Public Works, explained staff denied the two (2) additional access points because of the other existing accesses. In response to Commissioner Kirkmeyer, Roy Enter, resident of Denver, explained he has 132 acres and would like to divide it into smaller parcels. aCommissioner Cozad suggested this needs to go through the subdivision process, and the access points need to be closed and the problem is the impact on the agricultural and surrounding properties. a Ms. Lundquist presented the traffic counts on CR 8 between County Roads 19 and 21 where the truck count was 17 and with the addition of three residential lots there would be a need to use magnesium chloride on CR 8. Commissioner Kirkmeyer explained to Mr. Enter that there are other processes available to assist citizens with the harmonious development of their property and the proposed exemption is not consistent with sound land use practices. El Commissioner Conway expressed that he is in favor of the Recorded Exemption, per Commissioner Cozad's comments. He stated the applicant has followed the subdivision requirements and shouldn't be penalized, because he has tried to look at the property in regards to the Minutes, March 14, 2016 2016-0894 Page 4 BC0016 compatibility. a Commissioner Moreno explained he will be in support of the recommendation from the planning staff. = Chair Freeman stated he supports the application. ki Commissioner Cozad stated she feels like there needs to be changes made to allowing multiple Recorded Exemptions to happen one after another and suggested making changes to the conditions as follows: On Page 2, Paragraph B add the word "attempt" to address the requirements of the school district and make it more consistent to recent exemptions. Commissioner Kirkmeyer suggested the following language for section 1. Paragraph G: (A shared access will be permitted for the four(4) lot Recorded Exemption with no net increase in access points to the property.) The motion was made by Commissioner Cozad to approve resolution as amended and seconded by Commissioner Conway. Upon a roll call vote the motion was approved four to one with Commissioner Kirkmeyer opposed. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2016-03 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 10:56 a.m. BOARD OF COUNTY COMMISSIONERS � ��,,,,// WELD COUNTY, COLORADO ATTEST: C/.�d�.dt/1,/ �C�tD;11 114-1QUI-- Mike Freeman, Chair Weld County Clerk t he Board EXCUSED ON DATE OF APPROVAL • Sean P. Conway, Pro-Tem Depu Clerk to the Boa "•"�_ i- . Cozad �.arbara Kirkmeyer 1 Steve Moreno Minutes, March 14, 2016 2016-0894 Page 5 BC0016 N4 N V Lkl N � ) ® W \. NJ�< QS C ---_. rib LU CO W H J'- 2 • I- T Z YJ Q a ct Z;` '< Hello