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Home My WebLink About20143946.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 22, 2014 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, December 22, 2014, at the hour of 9:00 a.m. El I ROLL CALL: The meeting was called to order by the Chair and on roll call the following g members were present, constituting a quorum of the members thereof: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia Also present: County Attorney, Robert Frick Clerk to the Board, Esther Gesick Controller, Barbara Connolly ID MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of December 17, 2014, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on December 17, 2014, as follows: 1) USR14-0039 — Euden and Bianca Balderrama; and 2) USR14-0045 — Barts Venture, LLC, do Randy Kneebone. Commissioner Conway seconded the motion, which carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. E CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. ID PUBLIC INPUT: No public input was given. NEW BUSINESS: E 1) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR COUNTY MEDICAID INCENTIVE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of the Department of Human Services, reviewed the terms of said agreement to offset current County expenditures under the County Administration line. Commissioner Conway moved to approve said Intergovernmental Agreement and Minutes, December 22, 2014 2014-3946 1/42 Page 1 BC0016 authorize the Chair to sign. The motion was seconded by Commissioner Garcia and it carried unanimously. Ei 2) CONSIDER AMERICROPS FIXED AWARD SERVICE LOCATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO YOUTH CORPS ASSOCIATION: Ms. Griego reviewed the funding amounts to implement the program serving 30 Weld County youth between the ages of 17 and 24. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. E 3) CONSIDER APPLICATION AND REPORT OF CHANGES FOR EATON COUNTRY CLUB, DBA EATON COUNTRY CLUB AND AUTHORIZE CHAIR TO SIGN: Commissioner Freeman recused himself from the discussion due to his conflict as a member of the Country Club. Bob Choate, Assistant County Attorney, stated this application is for a new manager, Brooke Speck. He noted her disclosure of a DUI in 2006, and explained the details for the record. Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. EI 4) CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE, WITH OPTIONAL PREMISES, FROM THE EATON COUNTRY CLUB, DBA EATON COUNTRY CLUB, AND AUTHORIZE CHAIR TO SIGN: Commissioner Freeman recused himself from this item. Mr. Choate stated the referral responses indicated no concerns. Commissioner Conway moved to approve said renewal application and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El 5) CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATION OF PAY FOR NOVEMBER, 2014, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Veteran's Officer, presented the November report and recommended approval. Commissioner Conway moved to approve said report and authorize the Chair to sign. Commissioner Freeman seconded the motion, and it carried unanimously. E 6) CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2015 AND AUTHORIZE CHAIR TO SIGN: Christopher Woodruff, Assessor, presented the 2015 Certification report for all levies within Weld County, including a lowered County mill levy resulting in a reduced property tax. Commissioner Kirkmeyer moved to approve said certification and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. El 7) CONSIDER GRANT CLOSEOUT AND FINANCIAL RECONCILIATION FOR 2011 CONGRESSIONAL SELECT GRANT AND AUTHORIZE ELECTRONIC SUBMITTAL: Ron Arndt, Director of the Regional Crime Lab, stated the County was award a $300,000.00 grant in 2010 for Crime Lab infrastructure. He explained the grant funds have been expended and he is now ready to close out the process. Commissioner Conway moved to approve said closeout and authorize electronic submittal. Commissioner Kirkmeyer seconded the motion, which carried unanimously. E5 8) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 42 AND 44: Janet Lundquist, Department of Public Works, reviewed the provisions of the closure. In response to Chair Rademacher, Ms. Lundquist reported CR 19 has an average daily traffic count (ADT) of 1,340 vehicles. Commissioner Conway moved to approve said temporary closure. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Minutes, December 22, 2014 2014-3946 Page 2 BC0016 9) CONSIDER TEMPORARY CLOSURE OF CR 50.5 BETWEEN CRS 39 AND 41: Ms. Lundquist reviewed the provisions of the closure for a bridge replacement and reported CR 50.5 has an ADT of 140 vehicles. Commissioner Kirkmeyer moved to approve said temporary closure. Commissioner Garcia seconded the motion, which carried unanimously. 10) CONSIDER CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE BERTHOUD FIRE PROTECTION DISTRICT: Frank Haug, Assistant County Attorney, reviewed the proposed enforcement provisions, which are consistent with what is currently enforced in other unincorporated areas of the County. Mike Brunner, Berthoud Fire Protection District, was present to answer questions. Commissioner Conway moved to approve consenting to said enforcement. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. la 11) CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - TOWN OF HUDSON: Robert Frick, County Attorney, explained the Town of Hudson is annexing CR 12.5 and this Quit Claim Deed is simpler than going through the formal petition process. Commissioner Garcia moved to approve said Quit Claim Deed and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 12) FINAL READING OF CODE ORDINANCE #2014-14, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Garcia moved to read said Ordinance by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Frick read said title for the record. Esther Gesick, Clerk to the Board, reported although the audio record at second reading indicated there were no changes, the documentation did include a change to the Clerk and Recorder and GIS fee schedules, which were also appropriately notices in the legal newspaper. No further changes have been made since second reading. No public testimony was offered concerning this matter. The motion, which was made by Commissioner Garcia, and seconded by Commissioner Conway, carried unanimously. E 13) SECOND READING OF CODE ORDINANCE #2014-13, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE: Commissioner Garcia moved to read said Ordinance by title only. Commissioner Conway seconded the motion, which carried unanimously. Mr. Frick read said title for the record. Elizabeth Relford, Department of Public Works, reviewed the various road designation changes made since first reading and confirmed the affected surrounding property owners were notified. ID David Bates, surrounding property owner on CR 50, inquired about the compensation process if additional right-of-way is required. Ms. Relford stated CR 50 is not scheduled for widening at this time but the additional right-of-way designation is used as a planning tool to prevent the need for relocating structures in the future and compensation will take place at that time. He agreed with the change because it does serve as a collector road although the additional right-of-way seems to be a taking without just compensation. In response to Commissioner Conway, Mr. Bates stated he is contemplating adding a use to his property. Commissioner Kirkmeyer clarified it is not a "taking"; however, it does assist as a planning tool and if widened in the future then the county would come in and compensate and current planning will help keep costs down in the future. Ms. Relford stated the ADT on CR 50 is approximately 182 vehicles. El There being no further comments, Chair Rademacher closed public testimony. Commissioner Freeman moved to approve Code Ordinance #2014-13 on second reading. Commissioner Garcia seconded the motion. Commissioner Conway directed staff to visit with Mr. Bates and attempt to address any additional questions prior to final reading. The motion carried unanimously. E�--- (Clerk's Note: Following completion of the remainder Minutes, December 22, 2014 2014-3946 Page 3 BC0016 of the Board meeting, Chair Rademacher reopened the public testimony portion to allow additional testimony for a late arrival.) Ei Chair Rademacher reopened the public portion of this matter due to the late arrival. Fi Don McNutt, surrounding property owner along CR 50, spoke regarding the additional ten feet of right-of-way that will impact his farm and many other structures and uses in the area. He also expressed concern with truck traffic creating a safety hazard. He reiterated a majority of the adjacent land is in a ncultural production and widening the roadway will result in a significant reduction in cropland. ti Commissioner Kirkmeyer commented CR 50 is already acting like a collector road and changing it on the map allows for planning. She stated there is no intention to widen CR 50 at this time and she shared an example of the benefit of planning and the negotiations for the purchase of right-of-way or relocations that would take place in the future. Mr. McNutt also asked about the possibility of enforcing a slower speed limit. Ms. Relford described the traffic flow dynamic and steady increase in the area, as well as improvements that have been made to date. Chair Rademacher stated the final reading of this Ordinance is scheduled for January 12, 2015, and he encouraged Mr. McNutt to meet with staff prior to that time. There being no further discussion, Chair Rademacher closed public testimony and the previous motion to approve on second reading remained. PLANNING: El 1) CONSIDER REQUEST OF MARK HOLLIDAY/RED BARON DEVELOPMENT, LLC AND ANDREW PARKS/THE LAFAYETTE FOUNDATION, C/O MARILYN TAYLOR, TO WITHDRAW APPLICATION FOR AMENDED CHANGE OF ZONE, AMPZ #1035, FROM THE E (ESTATE) ZONE DISTRICT TO THE C-2 (GENERAL COMMERCIAL) ZONE DISTRICT FOR ONE LOT WITHIN THE RED BARON ESTATES PUD, AND RESCIND RESOLUTION #2008-0101, DATED JANUARY 23, 2008: Steve Elkins, Department of Planning Services, requested the withdrawal of AMPZ-1035, at the request of the applicant by letter dated November 13, 2014. Commissioner Kirkmeyer expressed concern with taking action without the applicant present. Commissioner Garcia stated the museum has been closed since last summer and he would like further information. Commissioner Kirkmeyer moved to continue the matter to December 31, 2014, at 9:00 a.m., with instruction that the applicant submit a notarized letter or a representative in her absence. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2014-14 was approved on Final Reading and Code Ordinance #2014-13 was 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. Minutes, December 22, 2014 2014-3946 Page 4 BC0016 There being no further business, this meeting was adjourned at 10:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: sc jd� LL \� � cc� n/ / •'C/�'K Douglas Rbdemach-r, Chair Weld County Clerk to the Board • �� /,S arbara Kirkmey:r, Pro-Tem sYDQ�QCl , o herA .l ♦ �C D City Clerk to he Boar. ► ♦._ `� �r n P. Conway % r \ ?rake Freema William F. arcia Minutes, December 22, 2014 2014-3946 Page 5 BC0016 J a w w \p N to H U U V I. C. Z O W Q N O CO -1 V) V O O n ^O Q >- J m W A N W a 2 IS 20 C Hello