HomeMy WebLinkAbout20140724.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 10, 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, March 10, 2014, at the hour of 9:00 a.m.
ID 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 5, 2014, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on March 5, 2014, as follows: 1) USR13-0061 - Wells Ranch, LLLP, do DCP
Midstream, LP, and 2) USR13-0062 - 70 Ranch, LLC, do DCP Midstream, LP. Commissioner Conway
seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
E PUBLIC INPUT: Steve Teets, County resident, referenced news articles regarding the intention
of Commissioner Kirkmeyer to run for the 4th Congressional Seat in the upcoming election and he
asked that she not run for a higher office until her term as Commissioner has expired because she
does a good job of representing Weld County. He also spoke concerning support of County Veterans
and the need to improve bus and taxi transporation services. Lastly, he re nested information
concerning Project Connect so that he can participate in upcoming meetings. ta Commissioner
Conway referenced the Weld County Veterans Service as well as local VFW volunteers who provide
transporation to the Denver or Cheyenne VA Hospitals.
2 Minutes, March 10, 2014 2014-0724
0'077 Page 1 BC0016
BIDS:
E 1) APPROVE BID #B1400048, ESPANOLA SUBDIVISION IMPROVEMENTS PROJECT -
DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, stated staff is
recommending approval of the sole negotiated bid from Duran Excavating, Inc., in the amount of
$810,543.00. In response to Commissioner Conway, Elizabeth Relford, Department of Public Works,
stated staff plans to complete the construction work in May; however, the grant runs through July.
Commissioner Garcia moved to approve said bid as recommended by staff. Commissioner Freeman
seconded the motion, and it carried unanimously.
El 2) APPROVE BID #61400057, 7 PASSENGER VAN - PRINT SHOP: Mr. Jiricek stated staff is
recommending approval of the low bid from Johnsons Auto Plaza, in the amount of $21,799.00.
Commissioner Freeman moved to approve said bid as recommended by staff. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
NEW BUSINESS:
E 1) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR SHARING OF VOTER
REGISTRATION SERVICES AND AUTHORIZE CHAIR TO SIGN - TOWN OF ERIE: Bruce Barker,
County Attorney, stated this agreement will provide an election judge to the town for a special election
and will cover County costs. Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
11 2) CONSIDER AGREEMENT FOR INTERPRETING SERVICES FOR DEAF AND HARD OF
HEARING AND AUTHORIZE CHAIR TO SIGN - 24 HOUR SIGN LANGUAGE SERVICES, INC.: Judy
Griego, Director of Department of Human Services, reviewed the terms and provisions of the
agreement. In response to Commissioner Conway, Ms. Griego reviewed the rate schedule and
confirmed it complies with state and federal ADA accessibility requirements. Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
3) CONSIDER NON-FINANCIAL PARTNERING MEMBER AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - STATEWIDE CHRONIC DISEASE SELF-MANAGEMENT PROGRAM
COLLABORATIVE: Ms. Griego gave a brief explanation of the terms and services and recommended
approval. In response to Chair Rademacher, Ms. Griego stated the payment is for the staff person
providing the service. Commissioner Kirkmeyer moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously.
El 4) CONSIDER FOUR PURCHASE OF SERVICES AGREEMENTS FOR SENIOR CENTER
OPERATIONAL ACTIVITIES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN:
Ms. Griego provided a summary of the operational activities purchased through these agreements. In
response to Commissioner Kirkmeyer, Ms. Griego confirmed this is payment of the first half of the
budgeted amount of $750.00. Comissioner Conway commented these funds will go a long way for
small community centers. Commissioner Kirkmeyer moved to approve said agreements and authorize
the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously.
ID 5) CONSIDER CONTRACT FOR COLORADO COMMUNITY RESPONSE GRANT AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego reviewed the terms and provisions of the grant contract
resulting from an application submitted by staff. Commissioner Garcia moved to approve said contract
Minutes, March 10, 2014 2014-0724
Page 2 BC0016
and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
E 6) CONSIDER APPOINTMENT TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner
Conway moved to appoint Audrey Galloway to said board. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
E 7) CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAMILIES, YOUTH AND
CHILDREN COMMISSION: Commissioner Conway moved to approve the various appointments and
reappointments as detailed in the Resolution. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
PLANNING:
11 1) CONSIDER VACATION OF SPECIAL USE PERMIT, SUP-172 - DCP MIDSTREAM, LP:
Tiffane Johnson, Department of Planning Services, stated DCP is requesting a vacation of the feedlot
which is permitted on lands currently encumbered by the Lucerne Gas Plant. Commissioner Freeman
moved to vacate SUP-172. Seconded by Commissioner Conway, the motion carried unanimously.
E9 2) CONSIDER REQUEST CONCERNING USR-1696 - MANUEL AND ANITA BALDERAS:
Ms. Johnson explained staff recommends withdrawal of USR-1696 which has been annexed by the
City of Fort Lupton. Michelle Martin, Department of Planning Services, explained it was approved by
the Commissioners in 2009, and subsequently referred back to staff to work on completing the
Conditions of Approval. However, rather than completing the Conditions of Approval, the applicant
pursued annexation. Commissioner Kirkmeyer moved to refer the matter back to staff to close the
case, stating no further action by the Board is necessary as a result of the annexation. Seconded by
Commissioner Conway, the motion carried unanimously.
E 3) CONSIDER APPLICATION FOR RIGHT-OF-WAY USE PERMIT TO PLACE AN 18" FRESH
WATER PIPELINE WITHIN THE COUNTY RIGHT-OF-WAY OF CR 14 AND CR 55 - COLORADO
WATER PIPELINES, LLC: Amy Joseph, Department of Public Works, gave a brief explanation of the
project to install a temporary, aboveground fresh water line along CR 14 utilizing primaril rivate
easements and then to bury the line within the County right-of-way for County Road 55. P Joel
Farkas, Manager of Colorado Water Pipelines, LLC, and Tim McCarthy, Tamarack Consulting, LLC,
represented the applicant and submitted a map of the project, marked Exhibit B, which Mr. Farkas
reviewed for the record. E In response to Commissioner Conway, Mr. Farkas explained the 150-foot
easement will be within the County right-of-way for CR 55 to avoid hindering adjacent farming
operations, and described the arrangements agreed upon with the adjacent landowners for
compensation for property conditions. E Commissioner Kirkmeyer reviewed the status of
agreements with the various property owners along the CR 14 route in detail with Mr. Farkas. E In
response to Commissioner Conway, Mr. McCarthy reviewed the negotiations with the property owners
along CR 55.
E Susan Krcmarik, surrounding property owner, gave a brief summary of the contact she has had
with the applicant and expressed concerns regarding impacts to her property and operations.
Ms. Krcmarik indicated the location of her property within Section 27, Township 2 North, Range 64
West, and submitted a copy of her comments for the record, marked Exhibit C.
Minutes, March 10, 2014 2014-0724
Page 3 BC0016
E Bill Jerke, County resident, spoke in favor of the project, recognizing that the water will be
relocated to a resource-dry area and utilized for various purposes. In response to Commissioners
Conway and Kirkmeyer, Mr. Jerke stated there is the potential for use of 3,800 acre feet, and confirmed
this is the same water which was associated with the Pioneer RUA (Regional Urbanization Area).
E Robert Fritzler, surrounding property owner, inquired concerning the placement of the waterline
along the right-of-way south of his property. He indicated there is a waterline already on his property
which was completed without his consent and he was recently approached to discuss extending the
line and constructing a pond, to which he objected. E In response to Commissioner Kirkmeyer,
Mr. Fritzler indicated his property extends to the section line and he has been paying taxes on it.
Mr. Barker stated the Assessor's Office typically grants a tax credit for right-of-way and the matter
would need to be verified with the Assessor's Office. He stated the payment of taxes does not change
the status of public road right-of-way and the ability of the public to access that area. Mr. Fritzler
indicated he has not been contacted concerning compensation.
E Ken Madsen, surrounding property owner, expressed concern with the anticipated surface
impacts of constructing the subject waterline along the area where he maintains the roadway. He
described past operations of the applicant which damaged the roadway and did a poor job of repairing
the area following construction, and as a result he did the final repair work himself.
Fl Tom Sauter, General Manager of Lost Creek Management District, explained the District has had
a difficult time contacting the applicant concerning the stipulated amount of water they are allowed to
export and the related costs. In response to Commissioner Conway, Mr. Sauter reviewed the
provisions of the court stipulation order for the record, and stated the original 3,800 acre feet has
subsequently been divided into two parts and the District wants to ensure the applicant is current with
the terms of the groundwater management agreements for various wells in the area. There being no
further comments, Chair Rademacher closed public testimony.
Fl Mr. Farkas explained Colorado Water owns approximately 3,800 acre feet and Front Range has a
similar amount for a total of almost 7,600 acre feet. Concerning the notices to the Water District, they
have provided notice of potential exports; however, they have not actually made any exports but will
comply at that time. In response to Mr. Madsen's comments, Mr. Farkas reiterated the alignment is not
on the south side adjacent to his property; it will be north of the section line. He stated the agreements
contain a provision to allow the property owner to participate in the oversight of the closeout of the
project and includes a five-percent (5%) financial assurance of the overall project to cover those costs.
In response to Commisioner Rademacher, Ms. Joseph stated there will be staff oversight
throughout the project, in this instance they intend to inspect the private right-of-way portions as well,
and she reviewed the fines for noncompliance of proper construction/maintenance within the County
right-of-way. Fl Mr. Farkas continued by addressing Mr. Fritzler's comments - he reiterated they will
be south of the CR 14 section line and within the County right-of-way along CR 55. He further stated
the Town of Keenesburg did construct the waterline currently on the Fritzler property. He also
confirmed they are not proposing to construct within the Public Service right-of-way, rather, they will be
contained to the County right-of-way. El Responding to Chair Rademacher, Mr. Farkas stated the
water line will be aboveground along CR 14 and buried along CR 55 which will be suitable for crossings
by heavy equipment and adequate insurance is in place. He also confirmed the will pay the agreed
upon fees once they begin pumping water from the designated wells. U In response to
Commissioner Conway, Mr. Farkas stated they will be burying the line along CR 14 by October 1, 2014,
following harvest season. Ms. Joseph confirmed the line along CR 14 will be a two-step process which
Minutes, March 10, 2014 2014-0724
Page 4 BC0016
will be initially permitted as a temporary above-ground line and then re-permitted as a permanent line
prior to being buried. E1 Responding to Commissioner Kirkmeyer, Mr. Farkas stated they have
obtained a permanent easement, as well as a temporary construction easement, for each of the
properties along the CR 14 route and then intend to use traffic control measures and remain within the
County's 60-foot right-of-way on CR 55; however, they have spoken with the landowners notifying them
of the potential for a construction easement, if necessary. Mr. McCarthy indicated several agreements
were received as recent as yesterday and Mr. Farkas thanked the public, staff and Board for their input.
Responding to Commissioner Conway, Mr. Farkas stated himself and Mr. McCarthy are available for
contact if there are issues or concerns, as well as oversight by insurance companies and the
agreement with the contractor to ensure proper financial assurance to complete the project and repair
any damages. Mr. McCarthy stated he also intends to host weekly informal meetings with the
neighbors. 11E1 Commissioner Kirkmeyer referenced comments of concern summarized in staffs
memorandum, as well as telephone calls and correspondence she personally received. Mr. Farkas
stated there were other parties working in the area staking another project and he is unsure of who that
was, the letter that was sent out described the project and their intentions to seek input and approval
and provided contact information.
El Commissioner Garcia stated based on the testimony presented today a lot of work has been
accomplished since the work session. Road access repair, inspection process, and ground water fees
have been addressed to his satisfaction and he now supports the application.
E Commissioner Garcia moved to approve the application of Colorado Water Pipelines, LLC, for a
Right-of-Way Use Permit to place an 18" fresh water pipeline within portions of the County right-of-way
for CR 14 and CR 55. The motion was seconded by Commissioner Freeman.
El Commissioner Kirkmeyer stated there is an advantage of having the line in the County
right-of-way and not impacting the neighbors, as well as having a water line that assists in reducing
truck traffic from roadways related to oil and gas activity. However, she stated several area residents
contacted her with the misrepresentation that this project was already approved and she feels there are
still a lot of issues. If approved, she requested the public concerns be addressed as follows: 1) the
location of the line needs to be accurately reflected on the "Land Owner Status" map and submitted for
the record, specifically the area south of the Fritzler property - the line should be reflected south of the
section line, as represented through testimony from the applicant, 2) there needs to be a provision
within the easements that 24 to 48-hour advance notice be given, and permission be granted, from
adjacent property owners prior to entering properties, 3) temporary construction easements need to be
signed for all segments which will not be within the County's right-of-way, and 4) the applicant shall
submit evidence of all signed agreements related to the project. She stated there are still a lot of
adjacent property owners who are not parties to this project and she does not support the application.
E Commissioners Garcia and Freeman concurred with the provisions stated by Commissioner
Kirkmeyer and amended their motion to incorporate the requirements as previously stated.
Commissioner Conway stated he recognizes the benefits of a water project, and although he had
a lot of questions and concerns during the work session, a lot of progress has been made. He stated
there is still some work to be done; however, he appreciates the applicant's willingness to host weekly
neighborhood meetings at the Pepper Pod Restaurant, which provides ease of access for the
neighbors to get timely responses to any concerns or complaints. He expressed support for retaining
3,800 acre feet of water for various beneficial uses in the County, and he also supports the provisions
proposed by Commissioner Kirkmeyer.
Minutes, March 10, 2014 2014-0724
Page 5 BC0016
ID Commissioner Freeman stated he agrees with many of the comments presented by
Commissioner Kirkmeyer; however, there are also many advantages to granting this project. Ideally it
would have been better to have more productive negotiations with the area residents earlier in the
process.
e Chair Rademacher agreed with the prior comments and the suggestions from Commissioner
Kirkmeyer. He stated he believes this project will be completed properly with oversight of County
Public Works staff, the weekly meetings will be beneficial, and he encouraged the applicant to work
closely with area residents.
e Upon a call for the vote, the motion carried four to one, with Commissioner Kirkmeyer opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 11:12 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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G '� DouglasfRademach r, hair
Weld County Clerk to the Board
rbara Kirkme er Pro-Tem /
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Dep " Clerk to the Boarl
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Mike Fr ma
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William . Garcia
Minutes, March 10, 2014 2014-0724
Page 6 BC0016
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