HomeMy WebLinkAbout20150223.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, JANUARY 19, 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, Monday, January 19, 2015, at the hour of 9:00 a.m.
e 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
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Robert T. Frick
Acting Clerk to the Board, Rafaela A. Martinez
Minutes prepared from Audio, Tisa Juanicorena
Controller, Barbara Connolly
e MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 14, 2015, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
E CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on January 14, 2015, as follows: 1) USR14-0061 — Richard Carlson; 2) COZ14-
0006 — Vicki Lake; 3) COZ14-0005 — Lake Arrowhead, Inc., do Elmer Lundvall; 4) RES14-0001 — Lake
Arrowhead, Inc., do Elmer Lundvall. Commissioner Freeman seconded the motion, which carried
unanimously. Chair Kirkmeyer clarified the missing hearing reference of item #4 above and it has been
corrected herein for the record.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
e CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
NEW BUSINESS:
e 1) CONSIDER GRANTING COUNTY DANCE HALL LICENSE TO RAYHEL ENTERPRISES,
LLC, DBA OLE' HICKORY SMOKEHOUSE AND TAVERN AND AUTHORIZE CHAIR TO SIGN: Bob
Minutes, January 19, 2015 2015-0223
//7 Page 1 BC0016
Choate, Assistant County Attorney, reviewed the terms for the renewal application and stated no
issues. Commissioner Freeman moved to approve said license and authorize the Chair to sign. The
motion was seconded by Commissioner Conway, and it carried unanimously.
E 2) CONSIDER THE INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 42 AT CR 29:
Janet Lundquist, Department of Public Works, stated the reasoning in bringing this to the Board is for
an awareness regarding the probability of traffic violations being issued. In response to Chair
Kirkmeyer, Ms. Lundquist verified the installation is for temporary signage during the construction
project and agreed to the change of resolution to reflect the dates. Commissioner Conway moved to
amend the resolution to reflect the dates of the project, seconded by Commissioner Moreno, carried
unanimously. Thereafter, a motion was made to approve installing the devices by Commissioner
Conway, and seconded by Commissioner Cozad, which also carried unanimously.
E 3) CONSIDER AGREEMENT AND STATEMENT OF WORK AND AUTHORIZE CHAIR TO SIGN
- TRIBRIDGE HOLDINGS, LLC: Ryan Rose, Director of the Department of Information Technology,
stated IT is working in conjunction with Justice Services requesting implementation of a pretrial services
case management system. He explained the terms of the agreement. In response to Commissioner
Cozad, Mr. Rose confirmed that the provisions of the agreement were a combined effort between the
County and Tribridge Holdings with the standard County language. The motion, which was made by
Commissioner Conway, and seconded by Commissioner Freeman, carried unanimously.
e 4) CONSIDER ENFORCEMENT OF 2012 INTERNATIONAL FIRE CODE, WITH
AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN
THE PLATTEVILLE-GILCREST FIRE PROTECTION DISTRICT: Frank Haug, Assistant County
Attorney, presented the 2012 International Fire Code , with certain amendments, and clarified the terms
to allow this district to enforce it. Commissioner Cozad moved to approve and the motion was
seconded by Commissioner Conway. It carried unanimously.
E 5) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT — TRENTON PARKER: Frank Haug, Assistant
County Attorney, reviewed the process of zoning violations. In response to Commissioner Moreno,
Mr. Haug stated initially the planners make a personal visit, then a letter is sent from the Director of
Planning Services. The County is required to personally serve the documents which can result in court
proceedings, fees and incarceration to attain compliance. Resonding to Commissioner Cozad, Bob
Choate, Assistant County Attorney, confirmed Mr. Parker has a long history of being in violation with
the County. Mr. Parker was not present. Commissioner Moreno moved to approve said certification,
which was seconded by Commissioner Freeman. Commissoner Conway stated although he
appreciates the work of staff, he disagrees with the proceedings leading to potential auction of property
in the event the property owner refuses compliance and requested a roll call vote on this particular item.
Commissioner Cozad clarified that if the property owner does come into compliance in the last stage of
violation proceedings, the County works with the Treasurer to release the property. Chair Kirkmeyer
expressed her support of proceedings versus the County having to pay to clean up the property. The
motion carried on a 4-1 vote, with Commissioner Conway being opposed.
e 6) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - SALVADOR AND VICKY LERMA: Mr. Haug
stated this residential property is in violation due to the operation of an oil and gas roust-a-bout without
permits to include heavy truck traffic as a concern to the neighbors. The Lermas signed a Stipulation to
get a Site Plan Review done; however, this was never completed. In response to Commissioner
Conway, he stated the current fine amount is $7,500.00.
Minutes, January 19, 2015 2015-0223
Page 2 BC0016
e Vicky Lerma, stated her frustration with turning in paperwork and being unable to move their
vehicles to be in compliance because they have been told to turn in more paperwork and await
approval. CJ Kim Ogle, Department of Planning Services, responded that he received the final set of
paperwork from the Lermas. The applicant is in the process of completing the Site Plan Review. Chair
Kirkmeyer suggested that the item be continued for one week. Mr. Haug conceded that would be
acceptable. Commissioner Conway moved to continue the matter to January 26, 2015. Commissioner
Freeman seconded the motion which carried unanimously.
• 7) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTURO CORRAL, AKA CORRAL
ENTERPRISES, LLC: Mr. Haug presented the violation details regarding operating an auto mechanics
business and grocery store business without the proper permits regarding septic and drainage
requirements. The papers were initially served November 2, 2012. In response to Commissioners
Conway and Freeman, he stated the fees are $100 per day, and staff is in contact with the resident who
applied recently for a permit. Mr. Corral was not present. Commissioner Moreno moved to approve the
certification and it was seconded by Commissioner Cozad. Commissioner Conway again requested a
roll call vote which resulted in a 4-1 vote with Commissioner Conway being opposed.
• 8) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL: Mr. Haug
stated the initial papers were served in December, 2012, followed by a meeting with the property
owners to sign a Stipulation Agreement regarding compliance which was not completed. The property
owner was not present. Commissioner Moreno moved to approve said certification. The motion was
seconded by Commissioner Cozad. Upon a roll call vote, the motion carried 4-1, with Commissioner
Conway being opposed.
e 9) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL
MINERAL LEASE FUNDS FOR HARP PROJECTS AND AUTHORIZE CHAIR TO SIGN: Don Warden,
Director of Finance and Administration, presented the agreement and reviewed the terms and
provisions therein. Commissioner Freeman moved to approve said agreement and authorize the Chair
to sign. Commissioners Conway seconded the motion, and it carried unanimously.
El 10) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL
MINERAL LEASE FUNDS FOR WATER TESTING AND AUTHORIZE CHAIR TO SIGN: Mr. Warden
presented the agreement as a continuation of the program which started three years ago as a free
service to citizens who wish to have their water wells tested to ensure no pollutants due to oil and gas
development in the County. Mr. Warden further stated there will be an additional funding of $50,000.
Commissioners Freeman and Conway expressed their support of the program and the agreement and
provided a brief summary of the benefits of the project. Trevor Jiricek, Director of General Services,
stated that prior to the program, the County did not have the capabilities to complete the testing. Chair
Kirkmeyer clarified the dollars received offset the costs for testing and assist with road repairs.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Moreno, and it carried unanimously.
PLANNING:
e 1) CONSIDER REQUEST TO MODIFY DEVELOPMENT STANDARDS #28 AND #31 AND
DELETE #18 AND #26 OF USE BY SPECIAL REVIEW PERMIT, USR14-0023 - VARRA
COMPANIES, INC.: (Clerks Note: Commissioner Cozad did want to disclose that she knew the two
companies involved with items #1 and #2 but does not need to recuse herself.) Kim Ogle, Department
Minutes, January 19, 2015 2015-0223
Page 3 BC0016
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•
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of Planning Services, reviewed the past approval and current request to correct and modify the
•
• Development�ccqg Standards of this Use by Special Review Permit before the final map is recorded.
CJ The applicant, Garett Varra, was present and stated that there are no objections to the changes
recommended by staff. He further stated, in regard to sand and gravel mining in the floodplain, that he
would like to have open communication with the Board for any changes, procedural, or regulatatory
questions. Commissioner Conway encouraged Mr. Varra to attend the South Platte Round Table
meetings and participate in the public input process. In response to Commissioner Cozad's suggestion
to recreating the stakeholder's group regarding floodplain regulations, Chair Kirkmeyer also referenced
a prior group and suggested a work session to create a new work group.
EA Paul Lightsey, surrounding property owner, expressed appreciation to the applicant regarding his
property assessment. However, he stated his concerns regarding irrigation issues should his well and
pump be unable to fully operate because of the mining operation affecting the water levels, as well as
the cost associated with that. He also expressed concerns regarding Bald Eagle habitat and the
increase in truck traffic.
Mr. Varra responded to the public input stating that Varra Companies will be working with
Mr. Lightsey to ensure that his well continues to work effectively based on state regulations. They are
also working with the Division of Wildlife to protect the animals within the area. Traffic patterns are
addressed in an Improvements Agreement.
e Commissioner Moreno made a motion to approve the modifications to the Use by Special Review
Permit, USR14-0023, which was seconded by Commissioner Cozad. Commissioner Conway
expressed his appreciation for the public input and acknowledged the efforts of Varra Companies to
address these concerns and work with the neighbors and the State regarding all regulations for this
Use. The motion carried unanimously.
•
e 2) CONSIDER MINOR AMENDMENT (MUSR14-00170 FOR SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT #1747 FOR AN OIL AND GAS SUPPORT FACILITY
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND A
WATER RECYCLING FACILITY) TO MODIFY THE FACILITY OPERATION HOURS TO 24 HOURS
PER DAY, 7 DAYS EACH WEEK, 365 DAYS PER YEAR, WITH UNLIMITED TRUCK TRIPS TO THE
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - NGL WATER SOLUTIONS DJ, LLC:
Mr. Ogle reviewed and summarized the history of this item to include the first Minor Amendment to add
a concrete containment expansion and a second injection well, which was administratively approved by
the Director of Planning Services, Tom Parko. Further, a stipulated agreement for the early release of
building permits for thirteen (13) brine water storage tanks, tank foundations and electric was also
administratively approved by Director Parko. This current request would be the second Minor
Amendment to the Use and would modify Development Standard No. 30 concerning the "hours of
operation". He stated six (6) letters of objection were received from surrounding property owners within
the notification area and one surrounding property owner outside the 500-ft notification area. The
concerns are regarding the health, saftey and well being of neighboring residents with regard to the
dust, light, pollution, noise and traffic hazards due to increased truck traffic entering and exiting the
facility, and most noted was the objection to the extended hours beyond 10:00 p.m. In response to
Commissioner Conway, Mr. Ogle clarified the reasons surrounding the restrictions to the hours of
operation designated for the original Development Standards.
CI Wayne Howard, Department of Planning Services Engineer, stated the current issues with truck
traffic are being addressed with the realignment of County Road (CR) 74 and the terms of the final
Roadway Improvements Agreement to decrease safety hazards.
El Elizabeth Relford, Department of Public Works, clarified the current problematic haul routes and
future corrections to better access the driveway to the facility by reviewing the current map. In response
to Commissioner Moreno, Ms. Relford indicated the location of the turn lanes and Stop signs.
•
Minutes, January 19, 2015 2015-0223
Page 4 BC0016
e The applicant, Doug White, NGL Water Solutions, stated the hours of operation were inherited
from the previous owner and he summarized the information provided and gave a brief overview of the
reason for the request. He stated that ultimately the additional hours will decrease the impact by
spreading out the truck traffic and they are in support of the realignment project of CR 74 and are
contributing $409,000. Ms. Relford clarified the realignment is doubling in cost and a more proportional
share or contribution would help. In response to Commissioner Conway, Mr. White stated they are at
full capacity regarding water processing and this would allow them to spread out the truck traffic without
adding more trucks. Commissioner Freeman asked about additional storage and additional pipelines
coming into the property. Mr. White responded additional pipelines are projected for the future.
e Ben Brown, surrounding property owner, stated he is in favor of the CR 74 Realignment project.
He stated this is a major change as far as neighbors are concerned because of noise emitted from the
facility, pollution, and a caustic odor that is emitted by the location. He shared further concerns
regarding decreased property values and reduction in area agriculture because of the industrial impact.
Mr. Brown is also worried about seismic activity.
e Gayle Cook, surrounding property owner, although supportive of the oil and gas industry, stated
she is concerned about how the drivers drive in the community. Her suggestion is to wait until the road
improvements are completed before agreeing to the change in hours of operation.
Mr. White offered to meet with Mr. Brown immediately to discuss his concerns that they were
unaware of. He also noted the requirement by the Colorado Oil and Gas Conservation Commission
(COGCC) to install a seismic monitor and confirmed there have been no indications of seismic activity.
Further, he stated he is willing to compromise the request for unlimited truck trips if they could have the
additional hours of operation. Resonding to Commissioner Cozad, Mr. White insisted the number of
truck trips would not increase.
e Commissioner Cozad moved to approve the minor amendment, and the motion was seconded by
Commissioner Moreno. Commissioner Cozad expressed her appreciation for the applicant's
willingness to work with the public. Commissioner Moreno thanked the public for their comments and
concurred with Commissioner Cozad regarding the applicant's willingness to cooperate with
surrounding property owners. Commissioner Conway also applauded the cooperation of all parties and
asked Ms. Relford when the alignment would be completed. Ms. Relford said the hope is the project will
be completed by fall of 2015. Commissioner Freeman expressed his concerns and that completion of
the road improvements should happen first. Chair Kirkmeyer expressed her support of the minor
amendment.g The motion carried with a 4-1 vote, with Commissioner Freeman being opposed.
K=4 3) CONSIDER THE PROPOSED DESIGNATION OF THE SITE SELECTION AND
CONSTRUCTION OF THOSE MAJOR FACILITIES OF A PUBLIC UTILITY CONSISTING OF
PIPELINES AND STORAGE AREAS OF UTILITIES PROVIDING WATER AND NATURAL GAS OR
OTHER PETROLEUM DERIVATIVES AS A MATTER OF STATE INTEREST PURSUANT TO § 24-
65.1-401, C.R.S., AND WELD COUNTY CODE § 21-1-210(B): Tom Parko, Director of Planning
Services, requested that items #3 and #4 be continued to March 23, 2015, due to a January 29, 2015
stakeholders meeting. Commissioner Conway moved to continue this item to March 23, 2015, at 9:00
a.m. It was seconded by Commissioner Freeman and carried unanimously.
e 4) CODE ORDINANCE #2015-1, IN THE MATTER OF REPEALING AND REENACTING
CHAPTER: A motion was made by Commissioner Conway to continue this item to March 23, 2015, at
9:00 a.m. It was seconded by Commissioner Cozad. Commissioner Conway expressed his concerns
over eminent domain and treatment of County residents regarding use of condemnation to push
pipeline construction. The motion to continue the matter carried unanimously.
Minutes, January 19, 2015 2015-0223
Page 5 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2015-1 was continued to March 23, 2015.
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 10:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WED COUNTY, COLORADO
ATTEST: CI � C( �j/,�A �Q.AQ
-a�+K/ ..(Cp,4 "Barbara Kirkmeyer Chair /
Weld County Clerk to the Board
yto the Mike Freeman, Pro-Tem
BY: ID ut✓Clerk , _.
Ile Sean P. Co way
a
et': Julie A. Cozad
, o Steve Moreno
Minutes, January 19, 2015 2015-0223
Page 6 BC0016
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