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Home My WebLink About20153392.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 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, October 19, 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 Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of October 14, 2015, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. El CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on October 14, 2015, as follows: 1) 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 as a Matter of State Interest, 2) USR15-0033 - Josh Pearson, and 3) USR15-0035 - Kevin and Cynthia Sullivan. Commissioner Cozad seconded the motion, which carried unanimously. e AMENDMENTS TO AGENDA: There were no amendments to the agenda. El CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. PROCLAMATIONS: El 1) DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER, 2015: Chair Kirkmeyer read the proclamation for the record. The Woman's Shelter representatives thanked the Board for their support and commitment to empower victims and survivors. Commissioner Cozad expressed her appreciation for the service they provide to the community in regards to domestic violence. Commissioner Conway thanked them for the awareness they bring forth and educating the citizens. Commissioner Freeman 1!) I Minutes, October 19, 2015 2015-3392 Page 1 BC0016 appreciated the effort to make people more aware of the help available.A Woman's Place has been open since 1977, and recently opened a site in Fort Lupton. Chair Kirkmeyer thanked them for their thirty-eight years of service to the community. (Clerk's Note: The meeting was paused for a photo opportunity.) El PUBLIC INPUT: No public input was given. BIDS: 1) APPROVE BID #61500167, CONCRETE MAINTENANCE AND REPAIR CONTRACT - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, stated staff recommends approving the low bid from Lightfield Enterprises in the amount of $92,400.00. Commissioner Freeman moved to approve said low bid. The motion was seconded by Commissioner Moreno, and it carried unanimously. NEW BUSINESS: --' 1) CONSIDER MEMORANDUM OF UNDERSTANDING FOR COOKING MATTERS NO KID HUNGRY CAMPAIGN AND AUTHORIZE CHAIR TO SIGN - SHARE OUR STRENGTH COLORADO: Dr. Mark Wallace, Director of the Department of Public Health and Environment, requested staff would like to renew the continuation of the program and stated it is to educate low income families about shopping and preparing nutritious food. Commissioner Cozad asked Dr. Wallace about the possibility of expanding this type of education to the Boys and Girls Club. Commissioner Cozad moved to approve said memorandum of understanding and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 2) CONSIDER JOINT USE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO YOUTH FOR CHRIST - TURN AROUND BIKES: Dr. Wallace presented the agreement with Northern Colorado Youth for Christ which will provide training to students on bicycle safety and maintenance. Commissioner Conway stated this solves the issue of getting kids outdoors to be more active and also helps combat childhood obesity. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. El 3) CONSIDER AMENDMENT#1 FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES FOR CERTAIN INMATES AND PAROLEES AND AUTHORIZE CHAIR TO SIGN - BI, INC.: Doug Erler, Department of Justice Services, explained this agreement works in conjunction with item #4 and reported the minor changes. Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. El 4) CONSIDER AMENDMENT#1 FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM (ISP): Mr. Erler stated this is the Master Contract of item#3. Commissioner Cozad moved to approve said amendment, and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. El 5) CONSIDER GRANT APPLICATION FOR VICTIMS AND WITNESS SOFT INTERVIEW AND TECH IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN: Todd Deutsch, Sheriffs Office presented the application for a grant for victim interview rooms in the amount of$69,700.00, with a County match of 25%. Commissioner Freeman moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. Minutes, October 19, 2015 2015-3392 Page 2 BC0016 El 6) CONSIDER AGREEMENT FOR RIGHT TO ENTER TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN - JOHN PETERS: Jay McDonald, Director of Department of Public Works, stated this is for a mining site on John Peters' land and he anticipates many years of production from this site. He said the royalties can be renegotiated after the initial five-year period. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Commissioner Freeman seconded the motion, and it carried unanimously. Ei 7) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CR 49 ACCESS CONTROL PLAN AND AUTHORIZE CHAIR TO SIGN -TOWN OF HUDSON, TOWN OF KEENESBURG, AND TOWN OF KERSEY: Bruce Barker, County Attorney, presented this agreement with the Town of Hudson, Town of Keensburg, and the Town of Kersey in order to adopt the Access Control Plan which will make certain that the municipalities comply with keeping County Road 49 maintained. Janet Lundquist, Department of Public Works, clarified the changes that the Town of Hudson made to the wording pertaining to the traffic signals. Mr. Barker referred to the first paragraph in the agreement which outlines that Weld County has control of the access agreement. Commissioner Moreno moved to approve said intergovernmental agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. El 8) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN - ENSIGN UNITED STATES DRILLING, INC. Tiffane Johnson, Department of Public Works, reviewed the terms of the agreement for a total amount of $7,535.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. El 9) CONSIDER BRIDGE CONSTRUCTION AGREEMENT FOR BRIDGE 6/41A AND AUTHORIZE CHAIR TO SIGN - FARMERS RESERVOIR AND IRRIGATION COMPANY: Richard White, Department of Public Works, explained this is part of the annual Bridge Rehabilitations Project to improve the conditions and increase the life of County bridges. He stated two (2) of the bridges cross irrigation canals owned by Farmers Reservoir and Irrigation Company. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. El 10) CONSIDER TEMPORARY CLOSURE OF CR 21 BETWEEN CRS 14.5 AND 16: Janet Lundquist, Department of Public Works, presented the closure that will be effective October 26, 2015, through October 30, 2015, for the replacement of a drainage culvert. She stated staff will use standard road signs and barricades and water for dust abatement on the gravel detour routes. Commissioner Cozad moved to approve said temporary closure. The motion was seconded by Commissioner Freeman, and it carried unanimously. 11) CONSIDER TEMPORARY CLOSURE OF CR 27 BETWEEN CRS 76 AND 76.5: Ms. Lundquist reported the temporary closure will be effective November 16, 2015, through January 8, 2016. She made known there will be one lane open since it is a long closure and will use message boards in advance, and standard road signs and barricades. Commissioner Freeman moved to approve said temporary closure. The motion, which was seconded by Commissioner Conway, carried unanimously. El 12) CONSIDER TEMPORARY CLOSURE OF THE INTERSECTION OF CR 43 AND CR 72: Ms. Lundquist stated the closure will be effective November 2, 2015, through November 6, 2015, for a culvert replacement and staff will be using magnesium chloride for dust abatement on the detour routes Minutes, October 19, 2015 2015-3392 Page 3 BC0016 and message boards in advance of the closure. She explained staff will use standard road signs and barricades. Commissioner Conway moved to approve said temporary closure. Commissioner Cozad seconded the motion, and it carried unanimously. 13)CONSIDER AMENDMENT TO TAX EXPENDITURE AND REVENUE SHARING AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FIRESTONE/FIRESTONE URBAN RENEWAL AUTHORITY: Bruce Barker, County Attorney, stated this is an amended Intergovernmental Agreement between the County and the Town of Firestone for the Southern and Northern Plans to include the Central Plan. He referred to the map that displayed the properties included in this agreement. Commissioner Conway moved to continue this matter to November 18, 2015,to allow time to meet with Urban Renewal Authority, and with Firestone to make sure the County Roads are included in the plan. The motion was seconded by Commissioner Moreno, and it carried unanimously. IEJ 14) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE SALE OF SAME AT SALVAGE YARD, AND DELEGATE AUTHORITY TO CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS: Barb Connolly, Controller, stated this a vehicle that was involved in a traffic accident and the insurance has deemed it totaled. Commissioner Conway moved to declare said equipment as surplus, approve sale at salvage yard and authorize the Controller to sign necessary documents. Seconded by Commissioner Cozad, the motion carried unanimously. 15) CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE, WITH OPTIONAL PREMISES, FROM THE EATON COUNTY CLUB AND AUTHORIZE CHAIR TO SIGN:As a member of the Board of Directors for the Eaton County Club, Commissioner Freeman recused himself from voting on this matter. Frank Haug, Assistant County Attorney, stated no issues have been reported. Commissioner Conway moved to approve said renewal application and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. El 16) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL ON/OFF PREMISES LICENSE ISSUED TO HIGHLAND LAKE, INC., DBA HIGHLANDLAKE, INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Haug reported no issues have been reported concerning this renewal. Commissioner Freeman moved to approve said renewal application for 3.2 percent beer retail on/off premises license and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. PLANNING: 1) CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT MUSR-0001 - MICHAEL AND BETTE O'KEEFE: Mr. Haug provided a history of the permit and complaints and explained the decision before the Board is to decide if there is enough evidence to move forward to conduct a Show Cause Hearing for revocation of the MUSR-0001, previously USR-1693. Chris Gathman, Department of Planning Services, displayed a slide presentation and outlined the uses allowed under the Use by Special Review Permit. He listed the violations and location of the site, and he reported the background about the two (2) permits issued for the parcel. He stated Bethany Pascoe, Department of Planning Services, and Deputy Reed visited the location on October 8, 2015. At that time a probable cause letter was delivered to the property owner and gave further dates and type of notices the tenant and property owner were given. Mr. Gathman displayed pictures of the premise and stated staff recommends an amendment to the existing USR. Mr. Haug clarified the issues are sufficient sanitation, sufficient parking, and sufficient access to the property. In response to Commissioner Cozad, Mr. Haug explained non-profit organizations have to go through a different process, for example, a Plan Review would address landscaping and the impact the church would have on the surrounding area. Chair Kirkmeyer clarified the issue before the Board is to examine if they have been violating the USR permit. Minutes, October 19, 2015 2015-3392 Page 4 BC0016 ED Michael O'Keefe, property owner, stated he is going to plead ignorance, he reported he and his wife opened a lottery store; however, shortly after deciding to close the business they started renting to Rev. Brandon Baker and he didn't think he was violating the permit. Mr. O'Keefe explained the lease doesn't specifically allow camping, a museum, hemp farm or having a medical marijuana dispensary included. Commissioner Cozad asked Mr. O'Keefe if he was aware that he needed to have minor changes to the property approved by the Board. El Brandon Baker, tenant, reported on August 11, 2015, he rented the property from Michael and Bette O'Keefe and explained he rented the property for the right of agricultural use. He further outlined that the property is used strictly for hemp farming and he submitted several items as exhibits ID"'' Bill Barrlett, resident of Greeley and a member of Greenfaith ministries, stated he believes the County may have misinterpreted what goes on at the church property, versus what operations happen at the farm roperty. Chair Kirkmeyer asked Mr. Baker to clarifiy what operations are going on at the property. Bethany Pascoe, Department of Planning Services, explained the complaint was citizen driven. She stated when she spoke with Mr. Baker he did indicate they met once a month at the property and the photos are true and accurate. Commissioner Cozad stated it appears things have been going on and there is sufficient evidence to move forward with a Show Cause Hearing. Commissioner Cozad moved to find there is probable cause and to move forward with a hearing for show cause on December 9, 2015, at 10:00 a.m. The motion was seconded by Commissioner Moreno, and it carried unanimously. Commissioner Freeman stated he is not convinced the USR permit is in violation and staff will need to delve deeper to get the actual facts. Commissioner Cozad expressed to use this time from now until December 9th to look at everything and make sure they are in compliance with the permit. E 2) FINAL 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 Conway moved to read Code Ordinance #2015-15 by title only. The motion was seconded by Commissioner Freeman, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Tom Parko, Director of Planning Services, stated no changes have been made. No public testimony was offered concerning this matter. Commissioner Cozad moved to approve on Final Reading. Seconded by Commissioner Conway, the motion carried unanimously. le 3) SECOND 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: Commissioner Freeman moved to read Code Ordinance#2015-16 by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title for the record. Mr. Parko indicated no changes have been made. No public input was offered concerning this matter. Commissioner Freeman moved to approve on Second Reading. The motion was seconded by Commissioner Moreno, and it carried unanimously. 4)SECOND READING OF CODE ORDINANCE#2015-19, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2015-19 by title only. The motion, which was seconded by Commissioner Cozad, carried unanimously. Mr. Barker read the title for the record. Michelle Martin, Department of Planning Services, stated there have been no changes since the first reading. No public input was offered concerning this matter. Commissioner Moreno moved to approve on Second Reading. Commissioner Freeman seconded the motion, and it carried unanimously. Minutes, October 19, 2015 2015-3392 Page 5 BC0016 A 5)SECOND READING OF CODE ORDINANCE#2015-20, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Commissioner Freeman moved to read Code Ordinance #2015-20 by title only. Commissioner Conway seconded the motion, and it carried unanimously. Mr. Barker read the title for the record. Ms. Martin indicated no changes have been made since the first reading. No public input was offered concerning this matter. Commissioner Conway moved to approve on Second Reading. Seconded by Commissioner Cozad, the motion carried unanimously. ID 6) SECOND 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: Commissioner Freeman moved to read Code Ordinance#2015-21 by title only. The motion was seconded by Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the record. Ms. Martin reported there are no changes. No public input was offered concerning this matter. Commissioner Cozad moved to approve on Second Reading. The motion, which was seconded by Commissioner Conway, carried unanimously. e 7)SECOND 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: Commissioner Cozad moved to read Code Ordinance#2015-22 by title by only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title for the record. Ms. Martin explained there are no changes. No public testimony was offered concerning this matter. Commissioner Moreno moved to approve on Second 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 Final Reading, and Code Ordinances #2015-16, #2015-19, #2015-20, #2015-21, and#2015-22 were approved on Second 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 10:53 a.m. BOARD OF COUNTY COMMISSIONERS W D COUNTY, ORADO ATTEST: ,�� Alb GG/ ; rbara Kirkmey r, ChaiitrilA4-- Weld County Clerk to the Board #+/00 .0„ Mike Freeman, Pro-Tem BY: o�Q,ai12,..1.1.4,_ _l, } . 111:44-etta•-. ` De y Clerk to th Boar. f ~'- 'a . 7 ' 1 ot' INTP- ". Conway I 1861 tet%--a,„:1,1istp W--- teAcj a \ A. cozadfir Steve Moreno Minutes, October 19, 2015 2015-3392 Page 6 BC0016 i 44 Nt ii, w 7,4 O — s_ fo',,9:-I %a ,:,,,,,„,, ..._ _ 4.,, (2 ' 4, T I , .......4, .... _— W\• ` ..i-' ` : ,,,,„ ,___ b a� 9 L.,a Alb W 7D i- W , F- H Q G 45 a r M � � � � ' 9 5 52 1.1 CO a. de a _ .\(\ * • q) � '--->c , W, Hello