HomeMy WebLinkAbout20150861.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 30, 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, March 30, 2015, at the hour of 9:00 a.m.
El 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
Clerk to the Board, Esther E. Gesick
Controller, Barbara Connolly
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 25, 2015, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
O READ ORDINANCE BY AUDIO: Commissioner Conway moved to read Code Ordinance
#2015-5 by audio. Commissioner Freeman seconded the motion, which carried unanimously.
O CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on March 25, 2015, as follows: 1) USR14-0081 - High Sierra Water Services,
LLC, do NGL Water Solutions DJ, LLC; and 2) USR14-0085 — NGL Water Solutions DJ, LLC.
Commissioner Moreno seconded the motion, which carried unanimously.
O AMENDMENTS TO AGENDA: There were no amendments to the agenda.
el CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
El PUBLIC INPUT: No public input was given.
BIDS:
1) APPROVE BID # B1500056, ASPHALT SUPPLY, HOT AND WARM MIX FOR 2015 (SOUTH
COUNTY ONLY) - DEPARTMENT OF PUBLIC WORKS: Marcia Walters, Department of Purchasing,
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Page 1 BC0016
stated staff recommends approval of the low bid from Asphalt Specialties based on unit prices and
mileage from plants, for a total purchase price of $1,182,437.50. Neal Bowers, Department of Public
Works, was present to answer any questionsn. Commissioner Conway moved to approve said bid as
recommended by staff. The motion, which was seconded by Commissioner Cozad, carried
unanimously.
2) PRESENT BID #B1500089, PAINT BID (PUBLIC WORKS BUILDING) - DEPARTMENT OF
BUILDINGS AND GROUNDS: Ms. Walters presented the two bids received and stated staff will make
a recommendation to the Board on April 13, 2015.
OLD BUSINESS:
'e---- 1) CONSIDER PURCHASE AND SALE AGREEMENT FOR GEISERT RESERVOIR AND
AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND
GROUNDWATER MANAGEMENT SUBDISTRICT (CON'T FROM 3/18/2015): Clay Kimmi,
Department of Public Works, stated this matter was continued to allow time to review the term
concerning the transfer of oil and gas mineral interests. He confirmed the mineral interests have been
severed and the language was corrected and acknowledged by the other party. Brad Yatabe, Assistant
County Attorney, confirmed language preserves any mineral interests (should they exist), with the
exception of sand and gravel. In response to Commissioner Conway, Mr. Yatabe stated this similar
language will be incorporated into future contracts. Commissioner Freeman moved to approve said
agreement, as revised, and authorize the Chair to sign. Seconded by Commissioner Conway.
Commissioner Cozad thanked staff and also addressed the reclamation responsibilities. The motion
carried unanimously.
NEW BUSINESS:
Ig 1) CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - CENTENNIAL BOCES, DBA SIERRA SCHOOL OF WELD COUNTY: Judy Griego,
Director, Department of Human Services, reviewed the terms and provisions of the agreement for day
treatment services through the Core Services Program. In response to Commissioners Cozad and
Moreno, Ms. Griego stated the services will be centralized out of their school location, ends May 31,
2015, and this is a child specific situation. Commissioner Cozad moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried
unimously.
C 2) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR ADRC TRANSITION-RELATED
REFERRALS AND OPTIONS COUNSELING AND AUTHORIZE CHAIR TO SIGN: Ms. Griego gave a
brief explanation of the terms and provision for options counseling to residents in nursing homes who
have formally indicated through the Section Q process a desire to leave the nursing home and relocate
to a community based setting. Commissioner Moreno moved to approve said intergovernmental
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it
carried unanimously.
3) CONSIDER CONTRACT AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT FOR
SINGLE ENTRY POINT AGENCY AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated this
amendment changes the payment methodology and incorporates an increase to the contract due to
additional legislative funding. Commissioner Freeman moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
Minutes, March 30, 2015 2015-0861
Page 2 BC0016
4) CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE (TS CERT 2008-03541)
FOR PARCEL #131107406013: John Lefebvre, Treasurer, stated the parcel should have been exempt
because it was purchased and properly owned by the Homeowner's Association, a tax exempt entity,
and later placed on the tax rolls erroneously. In response to Commissioner Conway, Mr. Lefebvre
confirmed the buyer will be reimbursed the purchase price and any acrued interest. Commissioner
Conway moved to approve said cancellation. Commissoner Moreno seconded the motion, and it
carried unanimously.
le 5) CONSIDER APPLICATION OF RM., INC DBA ROOM 119 NIGHT CLUB, FOR TAVERN
LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN: Bob Choate, Assistant County Attorney,
stated this is a new license application for an existing location where the license had expired and there
were no concerns from referrals or the surrounding neighbors. He stated Commissioner Cozad
conducted an inspection and the applicant submitted a revised map. Commissioner Cozad made
corrections to the letter for the record to reflect the four other facilities noted in the area, and reviewed
the changes she made to the interior map. Commissioner Cozad made a motion to correct the record
regarding the amended letter as stated. Commissioner Conway seconded the motion and it carried
unanimously. Lisa Montez represented the applicant and in response to Commissioner Conway,
she confirmed the Mountain View Fire Protection District has done an inspection. Commissioner
Moreno noted he also attended with Deputy Sean Stanridge and Commissioner Cozad and stated she
did a very thorough inspection. Commissioner Cozad moved to approve said application and authorize
the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously.
fi 6) CONSIDER APPLICATION OF CARPCO, LLC, AND 7-ELEVEN, LLC, DBA 7-ELEVEN
STORE #39510A, FOR 3.2% BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN:
Mr. Choate clarified it is a dual application between 7-Eleven and Carpco, Commissioner Cozad
performed an inspection, and submitted a map of the premisis. He stated the applicant's policy is to
circulate a neighborhood petition and reviewed the positive outcome of 45 signatures and no concerns.
The applicant disclosed previous liquor license suspensions but none involving Carpco and none from
7-Eleven at this location, and there were no concerns from referrals. 0 Commissioner Cozad
reported four other establishments in the area, and stated the two employees on staff during the
inspection were new and had not yet received any liquor sales training. She recommended for the
record that the applicant address this training issue, and she further stated the office on-site was not
accessible. 0 Kevin Coates, Attorney, represented the applicant and stated this is a franchisee of
7-Eleven, with joint license and operations with Carpco, and was previously licensed in 2012 and
allowed to expire and they have taken measures to ensure this lapse is not repeated. 7-11 and Carpco
utilize the "Come of Age" training program regarding liquor sales and regulations for employees with
annual follow up training. There are no active violations for Carpco. In response to Commissioner
Cozad, he confirmed employees cannot run a register without the corporate traininvnd he will follow
up with the subject staff. Mr. Coates introduced his associates to the Board. Commissioner
Cozad moved to approve said application and authorize the Chair to sign. The motion was seconded
by Commissioner Moreno. Commissioner Conway thanked Mr. Coates for doing follow up with
employees and stressing the importance of training regarding service to minors. The motion carried
unanimously.
7) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JEFF WENAAS:
Brenda Dones, Deputy Assessor, stated this property was listed as vacant land in January 2014;
therefore, it was assessed at the 29% assessment rate. She clarified the owner later notified staff of
house construction which resulted in a correction to the assessment rate from vacant to residential.
Although the value of the property increased, the lower assessment rate resulted in a tax abatement, in
Minutes, March 30, 2015 2015-0861
Page 3 BC0016
the amount of $15,071.95. The petitioner was not present. Commissioner Conway moved to approve
said petition for abatement as recommended by the Assessor's Office. Seconded by Commissioner
Freeman, the motion carried unanimously.
8) CONSIDER CHANGE ORDER #2 FOR CENTENNIAL DATA CENTER GENERATOR
(BID #61400094) - CLASSIC CONTRACTORS, INC.: Toby Taylor, Director of Buidings and Grounds,
explained the details of the work done and the reasons supporting Change Order #2 which resulted
from meeting the time limitations for installation to prevent disrupting the online operations of the data
center for the County. Commissioner Conway moved to approve said Change Order and authorize the
Chair to sign. Commissoner Freeman seconded the motion, and it carried unanimously.
El 9) APPROVE LIST B PILOT PROJECT GRANT AGREEMENT FOR LANDS IN NORTHERN
WELD COUTY AND AUTHORIZE CHAIR TO SIGN: Tina Booten, Department of Public Works - Pest
and Weed Division, stated the Colorado Department of Agriculture cost-share grant application was
approved and the contract awarded Weld County $27,000.00, with a total in-kind match of $40,026.00.
In response to Commissioner Conway, she stated the County's match is $25,726.00. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded
by Commissioner Moreno, and it carried unanimously.
El 10) CONSIDER APPLICATION FOR ENERGY AND MINERAL IMPACT ASSISTANCE
PROGRAM GRANT FOR WELD COUNTY PARKWAY MASTER DRAINAGE STUDY (TIER I) AND
AUTHORIZE ELECTRONIC SUBMITTAL: Elizabeth Relford, Department of Public Works, explained
the due date for the grant application is April 1, 2015, and that this grant would allow the completion of
a study of the storm drainage improvement master plan at the confluence of the South Platte and
Cache La Poudre Rivers approximately seven square miles in area. This study would be used to
produce a future project list as part of stormdrainage impact fee capital improvements in consideration
of growth projections. Ms. Relford clarified the County's match is $200,000. The motion, which was
made by Commissioner Conway to approve said electronic grant application submittal, and seconded
by Commissioner Cozad, carried unanimously.
IR 11) CONSIDER INTERGOVERNMENTAL AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
CITY OF LONGMONT: Jay McDonald, Director of Public Works, stated the City of Longmont and Weld
County will swap maintenance of certain portions of roads relative to each entity. The City of Longmont
will take over complete maintenance of CR 1 from HWY 66 to HWY 119 for .9 miles and an additional
.2 mile portion that was a border road. In return, Weld County will take over complete maintenance of
CR 28 from CR 1 to CR 5 resulting in an additional 1.45 miles of non-paved road. Mr. McDonald stated
this agreement makes sense logistically and financially. In response to Commissioners Conway and
Kirkmeyer, Mr. McDonald stated the City of Longmont already maintains a large portion of CR 1 and
has expressed the ability and desire to maintain the entire cooridor, including snow removal. If snow
removal is not adequate, there will be more discussions and if the County receives calls they will
contact the responsible municipality. In response to Commissioner Moreno, he said the County will not
assume more than 25% on major maintenance. Commissioner Conway moved to approve said
Intergovernmental Agreement and authorize the Chair to sign. Seconded by Commissioner Freeman,
the motion carried unanimously. Commissioner Conway commended Mr. McDonald and the
Department of Public Works for the work on this project.
12) CONSIDER TEMPORARY CLOSURE OF CR 32 BETWEEN CRS 9.5 AND 13: Janet
Lundquist, Department of Public Works, stated this closure will be effective April 14, 2015, through
April 17, 2015, and is for a culvert replacement. She clarified the average daily traffic counts for CR 32
are 891 this year, and the portion of the closure is maintained by the Town of Mead, and they have
Minutes, March 30, 2015 2015-0861
Page 4 BC0016
been notified. She stated standard signs and barricades will be used, and staff have notified residents
and other users that may be impacted. In response to Commissioner Moreno, Ms. Lundquist stated
this is a 30-inch culvert. The motion to approve said closure, which was made by Commissioner
Conway, and seconded by Commissioner Cozad, carried unanimously.
la 13) CONSIDER TEMPORARY CLOSURE OF CR 34.75 BETWEEN CRS 3 AND 5:
Ms. Lundquist stated the closure will be effective April 7, 2015, through April, 10, 2015, and is for a
48-inch culvert replacement. Water will be used for dust abatement, and standard signs and barricades
for the closure. In response to Commissioner Conway, she said the average daily traffic count is 43.
Commissioner Freeman moved to approve said temporary closure. Commissoner Conway seconded
the motion, and it carried unanimously.
CI 14) CONSIDER TEMPORARY CLOSURE OF CR 42 BETWEEN CR 31 AND HIGHWAY 85:
Ms. Lundquist stated the details of the closure to be effective April 13, 2015, through April 17, 2015,
and is for a 24-inch culvert replacement. The average daily traffic count is 1,647 which requires the use
of message boards along with standard signs and barricades for the closure. In response to Chair
Kirkmeyer, Ms. Lundquist stated she will confirm the District's Spring Break and possibly change dates
so buses are not impacted. The motion to approve the temporary closure, which was made by
Commissioner Moreno, and seconded by Commissioner Cozad, carried unanimously.
a 15) CONSIDER TEMPORARY CLOSURE OF CR 90 BETWEEN CRS 39 AND 41: Ms. Lundquist
stated the details of the closure effective April 9, 2015, through April 17, 2015, for a bridge re-deck.
Because of the average daily traffic count of 558 and the remote nature of the area, message boards
and standard signs and barricades will be used for the closure along with standard water abatement
procedures. Commissioner Cozad moved to approve said temporary closure. Commissoner Conway
seconded the motion, and it carried unanimously.
CI 16) CONSIDER TEMPORARY EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
KERR-MCGEE OIL AND GAS ONSHORE, LP: Mr. Choate explained the request to use the subject
parcel to temporarily place above ground water lines and stated it is not a road right-of-way but is a
property acquired decades ago from a Rail Road vacation. He further stated the terms of the
agreement. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Moreno, the motion carried unanimously.
riTi 17) CONSIDER AGREEMENT REGARDING LAMAR CONSTRUCTION BANKRUPTCY AND
REIMBURSEMENT OF WELD COUNTY FOR FEES PAID IN RELATION TO IMPROVEMENTS AND
AUTHORIZE CHAIR TO SIGN - WEATHERFORD ARTIFICIAL LIFT SYSTEMS, LLC: Brad Yatabe,
Assistant County Attorney, reviewed the history of the Lamar Construction Bankruptcy in relation to the
new Weatherford facility and the details surrounding the bankruptcy resulting in the request for
repayment regarding the issuance of building permits and fees. Mr. Yatabe clarified that it does not
qualify as a preference and most likely will not result in repayment from the County; however, the
agreement states Weatherford Artificial Lift Systems, LLC, will provide assurance that if the money is
returned then the County will be fully reimbursed. In response to Chair Kirkmeyer, Mr. Yatabe stated he
thought the Temporary Certificate of Occupancy (TCO) was issued last Friday. Tom Parko,
Director of Planning Services, indicated he will follow up with staff to confirm if the TCO has been
issued. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign.
The motion was seconded by Commissioner Conway, and it carried unanimously.
Minutes, March 30, 2015 2015-0861
Page 5 BC0016
PLANNING:
O 1) CONSIDER MINOR AMENDMENT (MUSR14-0033) FOR SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0075 - PLAINS MARKETING, LP: Tom
Parko, Director of Department of Planning Services, stated the original USR was approved
February 27, 2013, and in July 2014, Plains Marketing scheduled a pre-application meeting,
summarized the various additions to the site which staff determined as minor revisions. He reviewed
the Code criteria supporting it as a minor amendment and stating: 1) it is consistent with the area, 2)
existing water and sewer services are sufficient and roads recently paved, 3) it is consistent with the
Comprehensive Plan, 4) it is not altering or adding uses outside the original USR or expanding overall
footprint, 5) all of the original Development Standards (DS) will remain; however, staff from the
Department of Public Health and Environment updated DS #16, and 6) all referral comments have been
considered and the Town of Keenesburg wants to add an Improvements and Road Maintenance
Agreement. He displayed vicinity, aerial, and the original versus proposed site layout maps, which he
reviewed for the record. 0 In response to Commissioner Cozad, Mr. Parko stated this facility has
expanded and grown faster than expected; the vast majority of product arrives by pipeline, with some
by truck; and, the additional conex storage is for equipment.
O Wayne Howard, Department of Planning Services Engineer, requested an additional Condition of
Approval to read, "The existing on-site drainage features shall be corrected per the Baseline
Engineering Drainage Compliance letter dated, December 23, 2014."
O Heather Barbare, Department of Public Health and Environment, stated DS #16 is updated.
William Edwards, applicant, stated the reason for expansion is increasing production and the
extra track is a result of gained experience to account for the Rail Road schedule due to high volume
waiting on trains to pick crude up; therefore, the additional storage tanks will smooth operations when
waiting on trains. Furthermore, there are times when clients request separate storage which explains
the need for additional storage. In response to Chair Kirkmeyer, Mr. Parko stated the most current
average daily traffic count taken in September, 2014, was 260 with 42% truck trips, and prior counts
from September, 2011, were 118 with 57% being trucks on CR 390. Ms. Lundquist further stated there
is no increasing truck traffic above the original USR, and the applicant has paved their share of the
subject road per the Improvements Agreement.
0 Mayor Danny Kipp, Town of Keenesburg, thanked staff for the opportunity to comment and shared
his concerns regarding truck traffic and the impact to the roads and further stated his desire to enter
into a Road Maintenance Agreement, which was executed this morning. Aside from that, he mentioned
no further concerns, but did emphasize without the process and Weld's help entering into this
agreement, it would have been a lot tougher. He thanked the Commissioners for the ability for leverage
regarding concerns and decisions, and lastly, wished the applicant good luck in their project.
a Chief Tom Beach, Southeast Weld Fire Protection District, spoke in support of the project for
going above and beyond what has been asked, and requested earlier notification of projects.
O Mr. Howard stated he and the applicant have reviewed and agree with the Conditions of Approval
and Development Standards as proposed and amended. Commissioner Conway commended the
applicant for working with the local entities. Chair Kirkmeyer and the Board reviewed and agreed with
the changes and amendments. Commissioner Cozad moved to approve said Minor Amendment,
MUSR14-0033, with the Conditions of Approval and Development Standards as proposed and
Minutes, March 30, 2015 2015-0861
Page 6 BC0016
modififed. Commissoner Conway seconded the motion. In response to Chair Kirkmeyer, Mr. Howard
stated he and the applicant agree to abide by the Conditions of Approval and Development Standards
as proposed and modififed. Commissioner Moreno thanked the applicant for submitting a quality
application and facility operations that provide a valuable service and mentioned it is nice to see good
endorsements. The motion carried unanimously.
O 2) SECOND READING OF CODE ORDINANCE #2015-4, IN THE MATTER OF REPEALING
AND REENACTING WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING
AGREEMENTS, OF THE WELD COUNTY CODE: The motion, which was made by Commissioner
Conway to read by title only, and seconded by Commissioner Moreno, carried unanimously. Mr. Parko
stated no additional comments, and there are no changes since first reading. No public testimony was
offered concerning this matter. Commissioner Conway moved to approve Code Ordinance #2015-4 on
Second Reading. Commissoner Freeman seconded the motion, and it carried unanimously.
El 3) FIRST READING OF CODE ORDINANCE #2015-5, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, OF THE WELD COUNTY CODE:
Mr. Parko stated the amendments proposed for this Ordinance reflect an increase in impact fees to
account for inflation and are based on the cooperative agreement for a 2.77% increase. No public
testimony was offered concerning this matter. Commissioner Freeman moved to approve Code
Ordinance #2015-5 on First Reading. Commissoner Moreno seconded the motion, and it carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2015-4 was approved on Second Reading, and Code Ordinance
#2015-5 was 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 10:23 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
C. r sc." J / A,
ATTEST: f ✓ ;rh. Laki / Mi-l_ L
' arbara Kirkmey r, Chair
Weld County Clerk to the Board
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f��, �►�j,�, Mike Freeman, Pro-Tem
DeputyBY •
Cl J�to the Bor �� ��� Cj4�i
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Steve Moreno
Minutes, March 30, 2015 2015-0861
Page 7 BC0016
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