The URL can be used to link to this page

Browse Search

Home My WebLink About20153114.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 28, 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, September 28, 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 Senior Accountant, Chris D'Ovidio IN MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County Commissioners meeting of September 23, 2015, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. • READ ORDINANCE BY AUDIO: Commissioner Freeman moved to read Code Ordinances #2015-16, #2015-19, #2015-20, #2015-21, and #2015-22 by audio. Commissioner Cozad seconded the motion, which carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Moreno moved to approve the Certification of Hearings conducted on September 23, 2015, as follows: 1) USR15-0029- Kimzey Casing Service, LLC. Commissioner Cozad seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. • PUBLIC INPUT: No public input was given. BIDS: El 1) APPROVE BID #B1500165, UNIFORMS AND EQUIPMENT - SHERIFF'S OFFICE: Trevor Jiricek, Director of General Services, stated the Sheriffs Office recommends approval of the low bid from Minutes, September 28, 2015 2015-3114 Q�Z$ Page 1 BC0016 Kinsco, LLC, with the amount to be determined. Commissioner Freeman moved to approve said low bid. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 2) APPROVE BID #B1500164, CABLING FOR PUBLIC WORKS - DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of Information Technology, presented the four (4) bids received and recommended the low bid go to E2 Optics, LLC, for the amount of $14,072.87. Commissioner Cozad moved to approve said low bid. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 3) APPROVE BID #B1500162, PERMANENT FLOOD REPAIR - TRM TWO (2) ROADWAYS - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the four bids and stated staff recommends approval of the low bid from All Cowboy Erosion Control Construction in the amount of $247,553.90. Commissioner Freeman moved to approve said low bid. Seconded by Commissioner Moreno, the motion carried unanimously. le 4) PRESENT BID #B1500152, (CNG) 1/2 TON PICKUP, EXTENDED CAB, SHORT BOX - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reported only one bid was received and staff will review and bring back a recommendation on October 12, 2015. 5) PRESENT BID #B1500153, (CNG) 1/2 TON CREW CAB PICKUP SHORT BOX - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated a sole bid was received and staff will make a recommendation on October 12, 2015. • 6) PRESENT BID #B1500161, RFQ - PARKWAY MASTER DRAINAGE PLAN - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff received four(4) bids, will do a RFQ process and bring back a recommendation in four to six weeks. Elizabeth Relford, Department of Public Works, explained how they are reviewing the study area in order to get as much grant money as possible. NEW BUSINESS: • 1) CONSIDER ANNUAL PROGRAM PLAN FOR CHAFEE FOSTER CARE INDEPENDENCE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Department of Human Services, presented the annual plan award in the amount of $96,000, explaining the funds will be used to assist youth with self-sufficiency and help with housing costs for youth who are in the aftercare category. Commissioner Cozad moved to approve said plan and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. • 2)CONSIDER VETERAN'S SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATION OF PAY FOR AUGUST, 2015, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Veteran's Officer, presented the report for the month of August, 2015. Commissioner Freeman moved to approve said report and certification of pay for August, 2015, and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. • 3) CONSIDER COURT SECURITY GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN ELECTRONICALLY: Mr. Taylor, as the Director of Buildings and Grounds, presented the grant application to allow replacement of outdated security equipment that will support the new probation building. Commissioner Moreno moved to approve said grant application and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. Minutes, September 28, 2015 2015-3114 Page 2 BC0016 4) CONSIDER RIGHT-OF-WAY CONTRACT NO.#109904 AND AUTHORIZE CHAIR TO SIGN: Tiffane Johnson, Department of Public Works, presented the terms of the application and restoration bond in the amount of$26,630.00. Commissioner Freeman moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. 5) CONSIDER TEMPORARY CLOSURE OF CR 76 BETWEEN CR 15 AND STATE HIGHWAY 257: Janet Lundquist, Department of Public Works, reported the temporary closure from October 5, through October 16, 2015, for two (2) culverts that need replaced. Staff will be using message boards in advance to alert the traveling public, as well as standard road signs and barricades. Commissioner Freeman moved to approve said temporary closure. The motion was seconded by Commissioner Moreno, and it carried unanimously. OLD BUSINESS: 1) ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DANIEL AND KATHLEEN MUTH: Frank Haug, Assistant County Attorney, presented the violation to the Board explaining this was continued from June 6, 2015, to allow Daniel and Kathleen Muth more time to get the necessary permits to build a pole barn. Mr. Haug reported Mr. Muth withdrew a permit and submitted a new application on September 8, 2015. Daniel and Kathleen Muth were not present. Bethany Pascoe, Department of Zoning and Compliance, stated she inspected the property on September 16, 2015, at which time it wasn't any closer to being in compliance. Tom Parko, Director of Department of Planning Services, expressed the outstanding items are an engineering report for the foundation and the building. No public testimony was offered concerning this matter. Commissioner Moreno moved to certify to the Weld County Treasurer of zoning violation penalties as a special assessment. Seconded by Commissioner Cozad, the motion carried unanimously. PLANNING OLD BUSINESS: El 1) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST ARTURO CORRAL, AKA CORRAL ENTERPRISES, LLC, FOR VIOLATION OF THE WELD COUNTY CODE (ZCVI12-00152) (CON'T FROM 8/31/2015): Mr. Haug presented the zoning violation dating back to 2009, and reiterated the decision in front of the Board is whether or not to pursue legal action against Mr. Corral. Commissioner Cozad moved to pursue injunction. Seconded by Commissioner Freeman, the motion carried unanimously. Commissioner Cozad expressed disappointment in the lack of progress made by Mr. Corral. PLANNING: 1) ACTION OF THE BOARD CONCERNING ZCV15-00124, AGAINST NORTHWINDS OF WYOMING, INC., C/O ROGER BREITENBACH FOR VIOLATION OF THE WELD COUNTY CODE: Mr. Haug stated the decision before the Board is to decide if an injunction should be pursued. Ms. Pascoe presented the violations, and explained on September 16, 2015, she conducted a site inspection and took photos of the property. She reported speaking with Mr. Elliott at which time he told her that he didn't have any intentions of getting a permit because it was a temporary operation. Thea Hora, resident of Princeton, Texas, and owner of the rental property adjacent to the property, expressed frustrations from her tenants about a culvert that was built illegally and the difficulties of using the access. Pam and Ron Elliott, property owners, reported they were approached by Northwinds of Wyoming, Inc., and asked if their property could be used as a staging area for 60 days. Mrs. Elliott expressed her frustration to being mislead about the size of the operation and not being able to contact the company. She apologized for not having applied for a permit and stated she wasn't aware they needed one for a temporary operation. Mrs. Elliott explained she contacted the neighbors about the operation and wasn't aware there were any complaints. She said the owner of Northwinds of Wyoming, Inc., told her he would be out by the end of Minutes, September 28, 2015 2015-3114 Page 3 BC0016 September and the property would be restored back to its original state. Commissioner Cozad stated there are permits that are needed for a temporary operation and she is only willing to delay pursuing an injunction until October 11, 2015. She explained that these operations cause damage to the roads and can become a safety issue. Commissioner Cozad moved to pursue an injunction but delay action until October 11, 2015. The motion was seconded by Commissioner Moreno, and it carried unanimously. le 2) SECOND READING OF CODE ORDINANCE#2015-15, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS (WINDSOR), OF THE WELD COUNTY CODE: Commissioner Cozad moved to read Code Ordinance 2015-15 by title only. Seconded by Commissioner Freeman, the motion carried unanimously. Bruce Barker, County Attorney, read the title. Tom Parko, Director of Department of Planning Services, reported no changes have been made. No Public testimony was offered concerning this matter. Commissioner Freeman moved to approve on Second reading. The motion was seconded by Commissioner Moreno, and it carried unanimously. 3) FIRST READING OF CODE ORDINANCE #2015-16, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS (SEVERANCE), OF THE WELD COUNTY CODE: Mr. Parko explained this is the first Coordinated Planning Agreement with the Town of Severance. No public testimony was offered concerning this matter. Commissioner Moreno moved to approve on First Reading. The motion, which was seconded by Commissioner Cozad, carried unanimously. 4) FIRST READING OF CODE ORDINANCE #2015-19, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Michelle Martin, Department of Planning Services, stated this formal adoption as required by FEMA and will be used as part of the floodplain map regulations. No public testimony was offered concerning this matter. Commissioner Cozad moved to approve on First Reading. Commissioner Freeman seconded the motion, and it carried unanimously. S 5) FIRST READING OF CODE ORDINANCE #2015-20, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Ms. Martin reviewed the changes that exist of two (2) parts, first being Chapter 23, Article 1 and 2. She stated staff is requesting these sections be updated to reflect Article 11 and the other changes are just to clean up and clarify the Code. No public testimony was offered concerning this matter. Commissioner Freeman moved to approve Code Ordinance #2015-20 on First Reading. Seconded by Commissioner Moreno, the motion carried unanimously. 6) FIRST READING OF CODE ORDINANCE #2015-21, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING,AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Ms. Martin explained there are four (4) parts to the changes and the first refers to Chapter 23 Article 1 which would eliminate "size"for cargo containers. The second part is clean up for Chapter 23, Article 2; she explained there is an inconsistency with the amount of required landscaping. The third part is to modify Chapter 23, Article 2; to allow applicants to request a variance from the site code. The last part is to Chapter 24, Article 28, to modify the word "temporary" to "non- permanent". Ms. Martin stated no other changes have been made since the last work session. No public testimony was offered concerning this matter. Commissioner Moreno moved to approve on First Reading. Commissioner Cozad seconded the motion, and it carried unanimously. Commissioner Cozad thanked Bruce Barker, County Attorney and the Planning Department staff for their work on the changes which will result in cost effectiveness and flexibility during the application process. Minutes, September 28, 2015 2015-3114 Page 4 BC0016 7) FIRST READING OF CODE ORDINANCE #2015-22, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE: Ms. Martin reported there are two (2) parts to this ordinance. The first part is to amend Chapter 27, Article 8, to allow the Planning Department to make changes to their own plats in regards to building envelopes; and the second part is to Chapter 27, Article 2. She stated there are no other changes to report. Commissioner Freeman appreciates the work on this to clear up old outdated language. Commissioner Cozad thanked staff for the work because it shows the County is business friendly. Commissioner Moreno moved to approve Code Ordinance #2015-22 on First Reading. The motion was seconded by Commissioner Freeman, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2015-15 was approved on Second Reading, and Code Ordinances #2015-16, #2015-19, #2015-20, #2015-21, and #2015-22 were approved on First 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 10:06 a.m. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLO DO ATTEST ��.tQ _ '�1/ arbar�a(�Kirkmeyer, hair Weld County Clerk to the Board n Mike Freeman, Pro-Tem BY: (.1.Q Ll•) 1 r D p ty Clerk to the Bard dolinm EXCUSED ( 1 \ . Co way ``,,�,,- I �,Gcov' rX67, ;#.;1/49 ulie A. ozad i;;? \ Steve Moreno Minutes, September 28, 2015 2015-3114 Page 5 BC0016 U ' L • • Q W s' �+ Cr J CI c° r4 ►- v 01 c.3 11) Z i acb Z rw p rj c �Q7 Q J CO liDD W J w a. Q Hello