HomeMy WebLinkAbout20151987.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 6, 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 6, 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-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
12 MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of July 1, 2015, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
la READ ORDINANCE BY AUDIO: Commissioner Conway moved to read Code Ordinances
#2015-1, and #2015-12, by audio. Commissioner Freeman seconded the motion, which carried
unanimously.
Ea CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on July 1, 2015, as follows: 1) USR14-0068 - LaSalle Rental Property One, LLC,
c/o Herschel Holloway, and 2) USR14-0084 - Donaldson and Company, LLC. Commissioner Freeman
seconded the motion, which carried unanimously.
04 AMENDMENTS TO AGENDA: There were no amendments to the agenda.
ER CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PRESENTATIONS:
• 1) GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA), DISTINGUISHED BUDGET
PRESENTATION AWARD - DON WARDEN, DIRECTOR OF FINANCE AND ADMINISTRATION:
Chair Kirkmeyer read the award for the record and presented the certificate to Don Warden, Director of
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Finance and Administration, stating it is the highest form of award for budget presentation. Mr. Warden
stated this is the 34th year Weld County has been given this award and there are only two other
governmental entities in the nation that have consistently received this award. Commissioner Cozad
stated she is impressed with the budgeting process, and accountability from all the departments.
Commissioner Conway stated that Weld County doesn't have any long term, short term debt, or sales
tax. Commissioner Moreno was impressed with Mr. Warden as a longstanding recipient. Commissioner
Freeman extended his congratulations on a great job to his team and Barb Connolly's team. (Clerk's
note: meeting was paused for a photo opportunity)
12 PUBLIC INPUT: No public input was given.
BIDS:
la 1) APPROVE BID #B1500132, SLURRY SEAL AND SAND SEAL - DEPARTMENT OF PUBLIC
WORKS: Trevor Jirieck, Director of General Services, recommended the award go to the low bid A-1
Chip Seal Company. In response to Commissioner Cozad, Mr. Jiricek replied that this is for general
projects in the County. Commissioner Conway moved to approve said low bid. Seconded by
Commissioner Cozad, the motion carried unanimously.
12 2) APPROVE BID #B1500138, DOMESTIC BOOSTER PUMP STATION JAIL- DEPARTMENT
OF BUILDINGS AND GROUNDS: Mr. Jirieck stated staff recommends approving the low bid from
Corman Mechnical Contractors as they meet all the specifications. Commissioner Freeman moved to
award said low bid. The motion was seconded by Commissioner Moreno, and it carried unanimously.
IR 3) APPROVE BID #B1500102, FIBER RELOCATION FROM CDOT TO PRINT SHOP —
DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of Information Technolgy,
stated staff recommends approving the low bid from H & H Data Services, Inc. Commissioner Moreno
moved to approve low bid. Commissioner Conway seconded the motion, and it carried unanimously.
ia 4) APPROVE BID #B1500134, POLYCOM VIDEO EQUIPMENT AND MAINTENANCE —
DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose requested approval of the low bid from
to CDW Government for $24,792.00. Commissioner Conway moved to approve said low bid. The
motion was seconded by Commissioner Freeman, and it carried unanimously.
IR 5) APPROVE BID #B1500135, PROOFPOINT MAINTENANCE — DEPARTMENT OF
INFORMATION TECHNOLOGY: Mr. Rose stated that staff received two (2) bids and recommends
approval of the low bid from Vcura, Inc. for $18,471.51. Commissioner Cozad moved to approve said
low bid. The motion, which was seconded by Commissioner Freeman, carried unanimously.
NEW BUSINESS:
12- 1) CONSIDER AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 5 AND AUTHORIZE CHAIR TO SIGN - TED
STAUFFER: Richard White, Department of Public Works, presented the agreement and explained that
items #1 and #2 are the remaining properties along the Thomopson River Corridor that are part of the
flood repair. Commissioner Freeman moved to approve said agreement and authorize the Chair to
sign. The motion, which was seconded by Commissioner Moreno, carried unanimously.
2) CONSIDER AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 15.5 AND AUTHORIZE CHAIR TO SIGN —
Minutes, July 6, 2015 2015-1987
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ELEANOR DEAN AND JOHN GOSNEY: Commissioner Conway moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously.
Fa 3) CONSIDER TEMPORARY CLOSURE SURE OF CR 52 BETWEEN CRS 41 AND 43: Janet
Lundquist, Department of Public Works, requests the temporary closure effective July 27, 2015 through
August 8, 2015, for a bridge re-deck. They will use message boards in advance of the closure,
magnesium chloride for dust abatement on the gravel portions of the detour route and standard road
signs and barricades. Commissioner Conway moved to approve said closure. The motion was
seconded by Commissioner Cozad, and it carried unanimously.
4) CONSIDER TEMPORARY CLOSURE OF CR 98 BETWEEN CRS 33 AND 37: Ms. Lundquist
requested the temporary closure effective July 14, 2015, through July 17, 2015, for a culvert
replacement. They will use water for dust abatement, and standard road signs and barricades.
Commissioner Freeman moved to approve said closure. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
5) CONSIDER TEMPORARY CLOSURE OF VARIOUS COUNTY ROADS: Ms. Lundquist
expressed that CDOT requested staff close some of the nearby County Roads in coordination with the
resurfacing of State Highway 14, to keep the public out of the construction zones. In response to
Commissioner Conway's question, Ms. Lundquist replied that CDOT will have their own traffic control,
but will utilize flaggers until the Board approves the closures. Commissioner Cozad inquired about
CDOT having a public forum or open house to inform the citizens about road closures and detours that
may affect them. Ms. Lundquist expressed her frustration about the lack of communication from CDOT.
Commissioner Conway stated he would like to have CDOT pay for flaggers to hopefully get them to
communicate better about projects. Commissioner Conway moved to deny said temporary closures.
Seconded by Commissioner Freeman, the motion carried unanimously. Commissioner Freeman
conveyed his concern about having County Roads 21 and 32 closed at the same time for two (2)
weeks. He is concerned about the amount of traffic detoured on the gravel roads and the impact. Chair
Kirkmeyer stated CDOT should have looked at alternatives to their plan and communicated with staff to
come up with a different plan. Commissioner Cozad agreed, CDOT needs to coordinate with the
County, as staff may already have other projects and plans to have roads closed. After a lengthy
discussion it was decided the way to change behavior, is by denying the closure. Chair Kirkmeyer
stated she is not in agreement of closing county roads during the summer or farming times. She
requested that staff receive clarification from CDOT about plans during night time, and safety
precautions taken concerning having flaggers posted at night. She would also like them to come up
with a better detour plan. She expressed that Ms. Lundquist should report the expectations.
la 6) CONSIDER AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND AUTHORIZE
CHAIR TO SIGN - CARESTREAM HEALTH, INC.: Don Warden, Director of Finance Administration,
presented the agreement for Carestream Health, for a 10-year rebate for personal property. They are
expanding the business and meet the criteria for personal property tax incentives. Commissioner
Conway stated they are a valuable, high paying business, and have a research facility. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded
by Commissioner Freeman, and it carried unanimously.
122 7) CONSIDER SUPPORT FOR A REVISED ENTERPRISE ZONE PLAN WITHIN WELD
COUNTY AND APPROVE DELEGATION OF ENTERPRISE ZONE ADMINISTRATION AND FEES TO
THE GREELEY-WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP, DBA UPSTATE
COLORADO ECONOMIC DEVELOPMENT: Mr. Warden stated that this Act was passed in 1996 and it
is required by the State to renew every ten years to support the revised boundries. He explained Cathy
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Schulte recently gave a presentation about the boundary changes. This is extremely valuable to
companies so that they can receive sale tax credits. Commissioner Conway moved to approve the
revised Enterprise Zone Plan administration and delegate fees. Commissioner Moreno seconded the
motion, and it carried unanimously.
PLANNING:
• 1) FIRST READING OF CODE ORDINANCE #2015-12, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS
(MILLIKEN), OF THE WELD COUNTY CODE: Tom Parko, Director of Planning Services, explained
Weld County has been reaching out to the various municipalities concerning the coordinated planning
agreements, and this is the first plan with Milliken. Kent Brown, Town Administrator, thanked the Board
for their cooperation with them. Commissioner Cozad expressed the Board's pleasure that they could
finally work together on this agreement. No public testimony was offered concerning this matter.
Commissioner Cozad moved to approve on first reading. The motion, which was seconded by
Commissioner Conway, carried unanimously. Chair Kirkmeyer explained this planning agreement was
started three years ago, and several communities are involved. She thanked Milliken for their diligence
in working through this process.
U. 2) FIRST READING OF CODE ORDINANCE #2015-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE
INTEREST, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Mr. Parko detailed the
changes to the Code Ordinance and explained this is for pipelines transporting petroleum and high
pressure gas and the proposed revisions remove pipelines from the non-1041 process. The second
paragraph dealing with the definition of a pipeline removes the federal exemption provision. It would
now require that if a pipeline were an interstate pipeline it would go through a standard USR process.
He also outlined the addition of a new Division 6 which outlines the USR process for pipelines. He
stated several stakeholder meetings have been conducted to allow feedback from industry
representatives, and he also referenced the favorable recommendation of the Planning Commission.
la Megan Romano, representative from Suncor Energy (U.S.A.) Pipeline Company, stated they
understand the new Code provisions require notice to County constituents and a public process prior to
the interstate pipelines. She referred to Suncor's proposed edits, marked Exhibit A, which were
submitted to provide additional clarification of the process and she stated Suncor is in full support of the
Code. She proceeded by giving a brief explanation of each of the proposed revisions and addressed
questions from the Board.
• Chair Kirkmeyer explained a new USR permit would be required for a substantial change in use.
Bruce Barker, County Attorney, recommended clarification be made concerning what constitutes the
need for a USR, and the Board agreed with the need for some additional language under Section
23-2-440 to be discussed at the next reading.
Ms. Romano addressed that Section 23-2-440.E is a grandfathering clause. Bruce Barker, County
Attorney, stated this clause is concerning any pre-existing projects or projects that are currently under
construction. Chair Kirkmeyer said that it wouldn't be fair to require Suncor to go back and obtain a
USR because they already have their easements in place. According to Mr. Barker, Suncor will not be
covered by this ordinance, because they are in the middle of construction and he stated the Code
needs clarification about intent. Bruce Barker clarified Commissioner Cozad's question and said the
Pending Ordinance doctrine implies that an ordinance becomes effective at the time notice is provided
prior to first reading. Mr. Parko added that the companies building pipelines have all gone through
some part of the process.
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CI
Ms. Romano outlined the change to Section 23-2-450, which simply states the laws that the
industry is mandated by. Chair Kirkmeyer stated this is opposite of what the County is trying to do. If
there is a conflict between the County's code and Federal code the company has to follow the federal
code and if it's in the USR then the Board can enforce it. Chair Kirkmeyer expressed that she is not in
agreement with language stating the County code would not apply.
IR Mr. Barker recommended against including language concerning operational conflicts, rather, the
USR process is effective in identifying where there is a conflict which can be addressed on an individual
basis. Ms. Romano requested some language that can be used for conflict with an operational
process; however, Chair Kirkmeyer expressed opposition to including any descriptive wording in the
Code, and asserted there is plenty of opportunity to work through any conflicts with the Planning
Department, Planning Commission and then the Board of County Commissioners.
Ms. Romano noted on Section 23-2-460 the edit made is to strike out "site selection and" from the
heading and "locate or" from the text. Following discussion it was agreed that "site selection and" will be
removed from the Code; however, the remaining revisions were rejected. In response to Commissioner
Conway, Mr. Barker stated the proposed deletions will not have a significant impact on the meaning of
the process; however, Chair Kirkmeyer argued the importance of retaining the language to provide a
quantification of the effort made by companies to mitigate concerns, while still ensuring the demands of
a property owner are reasonable. After discussion, it was decided to keep the phrases "All reasonable"
and "to the greatest extent feasible," as well the requirement to "maintain"the site, since it is part of a
USR process to maintain weeds, soil erosion and dust, which should be further addressed through the
contractual agreement with the property owner. Lastly, the Board rejected the insertion of the State of
Colorado.
la In Section 23-2-500 the language "locate and" was retained based on previous discussion.
Ms. Romano referenced Section 23-2-510.C.1 and clarified the need for size, verus capacity; however,
the Board decided to include both "size" and "capacity" of a pipeline as necessary application
requirements. Next, Ms. Romano stated they would like to remove the referenced to an operations
schedule from Section 23-2-510.C.2.d. Commissioner Cozad suggested lanauge to state: "An outline
of the planned construction, including start up and commissioning." and the Board agreed. = In
response to questions from the Board, Mr. Parko confirmed the current applications have been required
to abide by the one-mile standard, and Ms. Romano explained this revision is at the suggestion of their
engineering firm. There was discussion concerning safety factors, what constitutes a "new" made-made
structures, and what the appropriate distance should be, therefore, this revision was left for future
discussion. ei Ms. Romano explained they are proposing deletion of the legal description and
recording information referenced in Section 23-2-520.B.4 for the simple fact that it will not fit on the map
without a separate attachment. Chair Kirkmeyer and Commissioner Cozad discussed adding a
condition prior to recording the USR plat map that would have a reception number of a separate
document containing all of the legal description information. The Commissioners directed Mr. Parko to
create some language for item #4 for future discussion. IR Mr. Barker responded to Chair
Kirkmeyer's question about including site selection in Section 23-2-530 it was agreed to take out "site
selection and" but leaving in "expansion." The remaining revisions in the section were all rejected
based on previous discussion. Concerning Section 23-2-540, Mr. Parko advised the Commissioners
that the Code already addresses a process for determining minor changes to a USR and the Board
agreed to not include the additional language.
Minutes, July 6, 2015 2015-1987
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• Chair Kirkmeyer communicated the changes and directed Mr. Parko and staff to research some of
the requests to clarify language in the code and asked him to review the changes for the second
reading.
• No public testimony was offered concerning this matter.
ta Commissioner Conway moved to approve Code Ordinance #2015-11 on first reading, with the
amendments as discussed above. The motion was seconded by Commissioner Cozad. In response to
Commissioner Freeman, Mr. Parko confirmed the provisions of Chapter 21 have been removed from
this Ordinance. Commissioner Conway made an motion to amend the original motion to remove the
reference to Chapter 21 Areas and Activities of the State Interest. The motion, which was seconded by
Commissioner Cozad, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2015-12, and #2015-1 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 10:54 a.m.
BOARD OF COUN
TY COMMISSIONERS
W LD COUNTY, OLORADO
ATTEST: deticet) x144;4 A-6
arbara Kirkm er, Chair
Weld County Clerk to the Board � 1.0,2,—.
Mike Freeman, Pro-Tern
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De0ui Clerk to the Barr(
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Steve Moreno
Minutes, July 6, 2015 2015-1987
Page 6 BC0016
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