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Home My WebLink About20152081.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 13, 2015 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, July 13, 2015, 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 Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway - EXCUSED Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly 12 of the Board of Count Moreno moved to approve the minutes MINUTES: CommissionerY pp Commissioners meeting of July 8, 2015, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. ER CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on July 8, 2015, as follows: 1) USR15-0004 - Teri Schwartzkopf, 2) USR14-0073 - Bucklen Equipment Company, 3) COZ14-0007 - Merle Luther and Luther Rentals 1510, LLC, and 4) USR15-0014 - Merle Luther and Luther Rentals 1510, LLC. Commissioner Moreno seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: Commissioner Moreno moved to delete Miscellenous item #3 from the Consent Agenda. Commissioner Cozad seconded the motion, it carried unanimously. ta CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as amended. Commissioner Freeman seconded the motion, and it carried unanimously. PRESENTATIONS: • 1) PRESENTATION OF THE FAIR BOOK BY WELD COUNTY FAIR ROYALTY: Nicole Conner, Junior at Weld Central High School, and 2015 Weld County Fair Queen, presented the Board with the 2015 Weld County Fair Book. She explained to the Board the many pageants and events she has participated in throughout the year, and she thanked the Board for their support. Melanie Hatch, a 7th grader at Platte Valley Middle School explained to the Board the different family events at the Fair and Minutes, July 13, 2015 2015-2081 Page 1 BC0016 stated the many activities available for the kids. Lauren Weber, an 8th grader at Eaton Middle School, expressed how she is involved with various 4-H programs and she thanked the Board for their support. Commissioner Moreno stated he is a representative for the Fair Board, and he thanked them for being role-models for the County. Commissioner Freeman extended his congratulations on a job well done in representing Weld County, and he stated he looks forward to attending the activities of the Fair. Commissioner Cozad explained this is a way to educate people on agricultural activites. Chair Kirkmeyer proclaimed that she is impressed with the Fair's royalty presentation. In response to her question the girls explained that being involved in 4-H taught them public speaking, leadership skills, and responsibility. • PUBLIC INPUT: Sherri Lockman, with Lockman Consulting, requested the Board examine Chapter 27 which addresses the PUD process. Chapter 27 has many inconsistences and it hinders the Use by Special Review Process; sometimes all that is needed is a zone change or special use permit. She stated that it makes it hard for people in those areas to develop their properties and it can be devasting to growth. The Board agreed to look into the matter. BIDS: Ot 1) APPROVE BID #B1500119, WCR 13, 19 AND 126 HRP (HAUL ROAD PROJECT) - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, presented the terms of the bid and explained staff recommends the bid go to Mountain Constructors, Inc. He disclosed after negotiating, the vendor was able to reduce the amount of the original proposal and some the funding will come from the Solid Waste Fund. Chair Kirkmeyer expressed she is pleased that the funding was achieved. In response to Commissioner Cozad, Don Dunker, Department of Public Works, stated the one bid received is probably due to the other vendors not having time in their schedules. The motion to approve the low bid, which was made by Commissioner Moreno, and seconded by Commissioner Cozad, carried unanimously. 2) PRESENT BID #B1500143, RFQ ENGINEERING SERVICES (BRIDGE 68/59A REPLACEMENT) - DEPARTMENT OF PUBLIC WORKS: Mr. Jireck stated that staff received nine bids and will bring back a recommendation after review. NEW BUSINESS: • 1) CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Judy Griego, Director of Department of Human Services, explained the terms of the agreement between the University of Northern Colorado and Area Agency on Aging. Commissioner Cozad moved to approve said amended agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. • 2) CONSIDER 2016 ANNUAL BUDGET FOR AREA AGENCY ON AGING PROGRAMS (TITLE III AND VII) AND AUTHORIZE CHAIR TO SIGN: Ms. Griego requested approval for the budget, which is a combination of federal, state, and county resources. Commissioner Freeman moved to approve said budget and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 3) CONSIDER FIRST AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT FOR TUBERCULOSIS CONTROL PROGRAM AND AUTHORIZE CHAIR TO SIGN — BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dr. Mark Wallace, Director of Department of Public Health and Environment, stated this agreement is to provide the technical component of diagnostic imaging/radiology services. He explained the working relationship with Banner has been in place since Minutes, July 13, 2015 2015-2081 Page 2 BC0016 2014. Commissioner Moreno moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. 4) CONSIDER DIAGNOSTIC SERVICES AGREEMENT FOR WOMEN'S WELLNESS CONNECTION PROGRAM AND AUTHORIZE CHAIR TO SIGN — BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dr. Wallace explained this program has been in operation for several years and is for early detection of breast and cervical cancer. A radiologist is needed to interpret the results and this program is designed to be used as early prevention. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. la 5) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - JILL HUNSAKER RYAN, DBA SILVER STREET CONSULTING, LLC: Dr. Wallace presented the terms of this agreement explaining staff received five quotes and selected the second to lowest one because of the ability to complete the required tasks and the amount of experience from the contractor. Staff is seeking some assistance with the strategic plan that is renewed every 3-5 years and staff has worked with this consultant in the past. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. 6) CONSIDER ASSESSED VALUATION OF ALL TAXABLE PROPERTY AND MASTER PROTEST LOG - REAL AND PERSONAL PROPERTY: Christopher Woodruff, Weld County Assessor, presented the total assessed valuation of taxable real and personal property. He submitted to the Board the final assessment values for the end of 2014 and, stated in 2015, all county property was reappraised, resulting in a significant increase in property values, which is in contrast from the last six (6) years. The most recent appraisal date is June 30, 2014, with the last time being in 2012. There was a significant increase in vacant development land, which shows positive growth in the County. He stated that the protest period ran from January 1, 2013, through June 1, 2014, for real property. There were 4,466 protests and about 3,500 of those were residential and anyone who is still not satisified can appeal to the Board of Equalization.. Commissioner Cozad asked about the assessed percentage for vacant land. Mr. Woodruff replied stating it is 29%. Commissioner Moreno thanked the Assessor for presenting the protest log and statistics of the tax valuation and asked if the same market information is used every year. Mr. Woodruff explained the values are coming from all of 2013 and the first half of 2014 market data. Commissioner Freeman moved to approve the assessed valuation of all taxable property and the master protest log. Commissioner Moreno seconded the motion, and it carried unanimously. la 7) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 68 - KEVIN ANDERSON: Brad Yatabe, Assistant County Attorney, stated this is a petition to vacate part of CR 68 (State Highway 392) right-of-way. He explained it used to be the road alignment for CR 68 and he presented slides showing the map, the area of the vacation and the surrounding property and road ways. He stated that Public Works, Planning, and CDOT expressed no issues with this petition. Brian Brinkman, Surveyor, pointed out on the map the right-of-way, and the field accesses. Chair Kirkmeyer asked how many acres would be abandoned. Mr. Brinkman conveyed there is 2.66 acres of land involved and there are field type access. Chair Kirkmeyer requested the applicant point out the accesses. Kevin Anderson, applicant and land owner, explained about the north access points. Chair Kirkmeyer wanted to clarify about the mineral rights, and the accesses allowed will be the lake and field access. No public testimony was offered concerning this matter. Commissioner Freeman moved to approve said petition and to vacate a portion of County Road 68 right-of-way. Seconded by Commissioner Cozad, the motion carried unanimously. Minutes, July 13, 2015 2015-2081 Page 3 BC0016 la 8) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN - CHRISTOPHER PONCE: Commissioner Freeman moved to approve said appointment and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. t 9) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN - MINERAL RESOURCES, INC: Esther Gesick, Clerk to the Board, reviewed the terms of the lease for less than five acres. Commissioner Freeman moved to waive the bid procedure, approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 10) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN — AZTEC EXPLORATION, LLC: Ms. Gesick explained the lease and gave the bonus amount as $1,983.48. Commissioner Cozad moved to waive the bid procedure, approve said lease and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. PLANNING: ▪ 1) APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF-SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR14-0050 - NCWYO ASSETS, LLC: Commissioner Cozad recused herself from this matter because she did all the permitting on this facility. Rich Hastings, Department of Public Works, explained he reviewed the improvements and the off-site collateral concerning a collaborative effort in the oil and gas industry between Noble Energy and Wattenburg Holdings which it will help elevate the truck traffic. Commissioner Freeman moved to approve said agreement, accept the collateral and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. Upon a roll call vote, the motion passed unanimously, with Commissioner Conway excused and Commissioner Cozad being recused from voting. • 2) ACCEPT APPLICATION FOR SMALL BUSINESS INCENTIVE PROGRAM AND AUTHORIZE RELEASE OF ECONOMIC DEVELOPMENT TRUST FUNDS (TIER I) - WEST GREELEY SELF STORAGE : Commissioner Cozad recused herself from this item because she worked on this project prior to her being a County Commissioner. Tom Parko, Director of Planning Services, presented the terms of the application and explained the USR was previously approved by th e Board and the applicant has paid all the necessary fees. In response to Commissioner Moreno's question, Mr. Parko gave the details of the requirements; 50% of workforce has to reside in the County, the applicant must meet with the Small Business Development Center and have a representative review the business application and model, and fall within the tiers. Dawn Detienne, representative from West Greeley Storage, thanked the Board for the opportunity and extended her appreciation to Tom Parko who has been a pleasure to work with. Commissioner Moreno stated that he is glad she is working with the County and is able to take advantage of this program. Commissioner Freeman moved to approve said application and release of the funds. Seconded by Commissioner Moreno, the motion carried unanimously. (Commissioner Cozad was recused from this part of the meeting). • 3) SECOND READING OF CODE ORDINANCE #2015-11, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 Minutes, July 13, 2015 2015-2081 Page 4 BC0016 ZONING, OF THE WELD COUNTY CODE: Commissioner Moreno moved to read Code Ordinance #2015-11 by title only. Commissioner Freeman seconded the motion, which carried unanimously. Michelle Martin, Department of Planning Services, presented and explained the proposed changes to code #2015-11. .No public testimony was offered concerning this matter. • Commissioner Freeman moved to delete Section 23-12-90.A.3.a. Commissioner Moreno seconded the motion and it carried unanimously. • Chair Kirkmeyer extended her appreciation of the staff's hard work the last couple of years. She asked the staff to consider the definition and exemptions for urbanizing within a quarter mile of any municipality, expressing concern with the lack of reference to agricultural uses within a quarter mile. Commissioner Cozad moved to approve recommended changes to the code and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • Commissioner Cozad asked about the decision of not requiring the water quality feature. Jennifer Petrik, Engineering, defined the water quality requirement and explained eliminating this requirement would make it easier for a USR permit applicant. Commissioner Freeman move to approve Code Oridnance #2015-11 on Second Reading. Seconded by Commissioner Moreno, the motion carried unanimously. HEALTH: 1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - FULLMOON SALOON: Dan Joseph; Health Department of Public Health requested a continuance on Board and staff prior that the owner requested a meeting with the a the matter to July 20, 2015. He stated q to the 20th. Commissioner Cozad moved to approve the continuance to July 20, 2015, seconded by Commissioner Moreno, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2015-11 was approved on Second Reading. Minutes, July 13, 2015 2015-2081 Page 5 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 10:33 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO ATTEST: darAvt) � JC,lfo;ok. arbara Kirkmey` r, Chair Weld County Clerk to the Beard 1 . ` Mike Freeman, Pro-Tem BY: Deputy CI: k to he ,are � EXCUSED t$4 =11/42 Sean Conway O ao_ei Julie A. Cozad �'►rr„- rI Steve Moreno Minutes, July 13, 2015 2015-2081 Page 6 BC0016 r a 4.P V4 vp 171 V I VI J 3 6 c) J. ,t) J..: ‘>,--'1, H V --_ ' 2) 4j ' t.- --J _ ..) � t- vi czke W I- ceo - ° 3 WIs a ? 41 V - J 3 z cc cr t� ) 0 W Q w l/ Q `l ,,!'1 I w J J a Q p r, � W pf - 1J r 1 0S 2 4 -i'''' to m w z IJ L 9 a Jr) W v of Cn c W z a 4 g J cr J Q \--- --1 z Hello