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Home My WebLink About20153447.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 26, 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, October 26, 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 Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of October 21, 2015, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. (Clerk's Note: There is no audio available previous to Certification of Hearings.) e CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of Hearings conducted on October 21, 2015, as follows: 1) USR15-0037 - Blue Grama Land Corporation, 2) USR15-0053 - Wells Ranch, LLLP, c/o DCP Midstream, LP, 3) USR15-0035 - Kevin and Cynthia Sullivan, and 4) USR15-0039 - Jeffery and Dianne Engelman Living Trust. Commissioner Moreno seconded the motion, which carried unanimously. °` AMENDMENTS TO AGENDA: There were no amendments to the agenda. IEJ CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. e PUBLIC INPUT: No public input was given. BIDS: El 1) APPROVE BID#61500178, STADIUM LOCKERS - DEPARTMENT OF JUSTICE SERVICES: Trevor Jiricek, Director of General Services, stated staff would like to continue this matter to November 16, 2015. Commissioner Freeman moved to continue this matter to November 16, 2015. The motion was Minutes, October 26, 2015 2015-3447 Ac'c Page 1 BC0016 seconded by Commissioner Conway, and it carried unanimously. En 2) PRESENT BID#61500176, INTERIOR DEMOLITION (822 7TH STREET)- DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, presented the eight (8) bids received and stated staff will bring back a recommendation on November 9, 2015. NEW BUSINESS: Ej 1) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN - TOWN OF NEW RAYMER: Mike Livengood, Department of Public Works, reported the Town of New Raymer no longer has the equipment to maintain and remove snow on their streets and wishes to have the County provide maintenance to their streets and will pay the County $58.64 an hour. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. ▪ 2) CONSIDER PROTECTIVE RENT AGREEMENT FOR 33026 CR 47 AND AUTHORIZE CHAIR TO SIGN - DINNER/L AND I FARM, LLC, C/O GLEN DINNER: Bob Choate, Assistant County Attorney, explained the acquisition of this home is for the widening of the CR 47 Project and because there are federal funds involved staff, is required to abide by the relocation act. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 3) CONSIDER TEMPORARY CLOSURE OF CR 46 BETWEEN CR 13 AND INTERSTATE 25: Janet Lundquist, Department of Public Works, presented the details of the closure to be effective November 16, 2015, through November 20, 2015 for the replacement of two (2) culverts. She stated staff will use road signs and barricades. Commissioner Freeman moved to approve said temporary closure. The motion, which was seconded by Commissioner Cozad, carried unanimously. a 4) CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CR 79 AND STATE HIGHWAY 392: Ms. Lundquist reviewed the details of the road closure effective November 2, 2015, through November 20, 2015, planning to only have it closed during the day from 7:00 a.m. to 4:00 p.m. for road improvement. She explained staff will use message boards in advance, magnesium chloride for dust abatement, and road signs and barricades. Commissioner Moreno moved to approve said temporary closure. The motion was seconded by Commissioner Conway, and it carried unanimously. 5) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ADAMS MCWILLIAMS FARMS, LLLP: Leon Sievers, Department of Public Works, stated this is part of the CR 49 project and the total amount is $31,701.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. 6) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BILLY AND DONNA HONEBEIN: Mr. Sievers presented the agreement for the total amount of $3,120.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. Minutes, October 26, 2015 2015-3447 Page 2 BC0016 ID 7) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TERI SMITH: Mr. Sievers presented the details of the agreement for the total amount of $12,504.00. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. 8) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-FRONT RANGE FEEDLOTS, LLC: Mr. Sievers presented the details of the agreement in the total amount of $2,227.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. El 9) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-LARRY AND MARY MADISON: Mr. Sievers presented the details of the agreement for the total amount of $3,730.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. = 10) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS - JOEL AND GLORIA KUGLER: Mr. Sievers stated the details of the agreement and the total amount is $1,540.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. 11) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS - HOWARD YOUNGER: Mr. Sievers stated the details of the agreement in the total amount of $19,281.00. In response to Commissioner Conway, Mr. Sievers explained the land owner felt he needed compensation for his alfalfa crops. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. 12) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS - JAMES AND ALICE SMITH: Mr. Sievers presented the agreement for the total amount of$5,791.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. '` 13) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS - JAMES HOLLIS AND LEWIS JOHNSON: Mr. Sievers presented the details of the agreement for the total amount of $7,730.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded Minutes, October 26, 2015 2015-3447 Page 3 BC0016 by Commissioner Cozad, the motion carried unanimously. El 14) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS - AARON AND JOVE DILLER: Mr. Sievers reported the details of the agreement for the total amount of $5,996.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. It was seconded by Commissioner Conway, and it carried unanimously. 15) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS - JAMES BELL AND DONALD BELL: Mr. Sievers presented the agreement for the amount of $5,484.00. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. 16) CONSIDER AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN - HARVEY VERNON MABIS II: Bob Choate, Assistant County Attorney, presented the real property agreement for a house, shop, and one-acre property in the amount of $350,000.00, with earnest money of $10,000, while they are still working on the title. Commissioner Moreno expressed his appreciation for all the hard work Mr. Choate has done with this sale. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. 17) FINAL READING OF CODE ORDINANCE#2015-17, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance 2015-17 by title only. The motion was seconded by Commissioner Cozad, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Barb Connolly, Controller, stated there have been no changes. No public input was offered concerning this matter. Commissioner Conway stated he wants to make sure there is a process in place in regards to compliance by elected officials. Commissioner Cozad moved to approve on Final Reading. The motion was seconded by Commissioner Conway, and it carried unanimously. ri 18) FINAL READING OF CODE ORDINANCE#2015-18, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE: Commissioner Freeman moved to read Code Ordinance 2015-18 by title only. The motion, which was seconded by Commissioner Conway, carried unanimously. Mr. Barker read the title for the record. Ms. Connolly stated there are no changes. No public input was offered concerning this matter. Commissioner Moreno moved to approve on Final Reading. Seconded by Commissioner Freeman, the motion carried unanimously. PLANNING: 1) CONSIDER REQUEST FOR ADDITIONAL ONE YEAR EXTENSION OF DEADLINE FOR SUBMITTAL OF PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1090 - EAGLE VIEW FARMS: Chris Gathman, Department of Planning Services, reported the history of the extension and gave the details of this property. He stated the applicant indicated it is too early to submit the collateral and they are working to find a Real Estate agent. Commissioner Cozad wanted to clarify the main reason the applicant isn't getting the plat recorded is because of items in the improvements agreement. Grace Kiernes, resident of Greeley and owner of Eagle View, LLC, explained they were recently able to gain Minutes, October 26, 2015 2015-3447 Page 4 BC0016 the attention of a Real Estate group in Fort Collins and they have already invested $2.5 million. Mr. Gathman indicated they are actively involved in this project. Commissioner Conway moved to amend the resolution to extend the deadline to October 30, 2018. The motion was seconded by Commissioner Moreno, and it carried unanimously. Commissioner Conway moved to approve the Resolution for a three-year extension as amended. The motion, which was seconded by Commissioner Cozad, carried unanimously. itEl 2) CONSIDER ZONING PERMIT FOR A HOME OCCUPATION, ZPHB15-0005 - MIKE AND DIANA DURRILL: Diana Aungst, Department of Planning Services, presented the violation and explained the regulations concerning the complaints received. She outlined the communications that have taken place with the property owner and stated staff has reviewed the easements. She clarified for Commissioner Cozad that it doesn't meet Erie's residential zoning, and then displayed a PowerPoint presentation. Mike Durrill, Property owner, explained he started the business to make ends meet and once he was aware his property was in violation he has been cooperating to remedy the issues. Michael and Susan Thorne, residents of Erie and adjacent neighbors of Mr. Durrill, stated they have concerns with their quality of life and impacts on their property caused by Mr. Durrill's home business. He stated multiple land owners own the portion of the road. Mr. Thorne expressed that Mr. Durrill does not have legal access to his property. Ms. Thorne reported she also has concerns with the increase of dust. Commissioner Conway asked how many vehicles access this road on a daily basis. ID Lee Stephens, resident of Erie, explained the lots and roads and the way they were separated. He expressed the property can not be sold without the rights to the access and he is fine with the home business. Commissioner Conwa asked Mr. Stephens for a vehicle count of daily trips and he thought there were about 30 vehicles. PI Ms. Aungst clarified the language that was stated in the resolution. After a brief discussion, Commissioner Freeman suggested that#2.A.9 be deleted and modify#2.A.12 to remove the words "Health, Building and other". Commissioner Conway asked about the burning of debris. Mr. Durrill stated he is disposing of the debris off-site. Commissioner Moreno asked about the number of vehicles and suggested removing the second and third sentences from#2.A.11. Mr. Durrill agreed to comply with all the regulations set forth by this permit. El Commissioner Cozad moved to approve ZPHB15-0005 with conditions of said permit as modified. Seconded by Commissioner Freeman, the motion carried unanimously. Commissioner Cozad commented she believes this permit meets the regulations of a home business. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance#2015-17 and#2015-18 were approved on Final Reading. Minutes, October 26, 2015 2015-3447 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 10:23 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST �.Ay1_/, C� •i � arbara Kirkmeyer, hair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: De y Clerk tot a Board I;� 1 / /, r V P. Con -y .a I . Cozad / teve Moreno Minutes, October 26, 2015 2015-3447 Page 6 BC0016 , Yy j r'a 4.4 x `p 8 Q6 � � O ' c O g u , ,,,A 3 c9 S '. a ' _)=',. S , _ jrjd js - - clzW � � s .' ri-4 +. .9 g . c- . cr rA , ( _, ,g 2., f l- i 4) i L g .4) '-' . ‘. J` Hello