HomeMy WebLinkAbout20140562.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 24, 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, February 24, 2014, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
E MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of February 19, 2014, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on February 19, 2014, as follows: 1) USR13-0052 - Anadarko E&P Company LP,
and 2) USR13-0053 - PTI USA Manufacturing, LLC. Commissioner Freeman seconded the motion,
which carried unanimously.
E AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
El PUBLIC INPUT: No public input was given.
3 iS Minutes, February 24, 2014 2014-0562
Page 1 BC0016
BIDS:
El 1) PRESENT BID #B1400048, ESPANOLA SUBDIVISION IMPROVEMENTS PROJECT -
DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, said there is a sole
vendor for this bid, and there will probably be a work session prior to the recommendation from staff on
March 10, 2014. He noted there are a few things stacked up against this project. Elizabeth Relford,
Department of Public Works, confirmed the timing of this is of concern because it could affect CDBG
funding.
El 2) PRESENT BID #61400057, 7 PASSENGER VAN - PRINT SHOP: Mr. Jiricek said there are
two (2) vendors for this bid, which will be brought back before the Board with a recommendation from
staff on March 10, 2014. The van is the same size as the current one; it needs to be large enough to
transport mail and supplies to the south county buildings.
NEW BUSINESS:
El 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HARMAN
MANAGEMENT INVESTMENT: Christopher Woodruff, Weld County Assessor, explained staff's
recommendation for denial of this petition for a Kentucky Fried Chicken/Long John Silver's Restaurant,
Commissioner Garcia asked if location played a part in staffs calculations, and Mr. Woodruff confirmed
this was valued at the low-end because of its location on 8th Avenue in Greeley, Colorado.
Commissioner Garcia moved to deny said petition based upon staff's recommendation. The motion
was seconded by Commissioner Freeman, and it carried unanimously.
El 2) CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE)
GRANT FOR VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN: JoAnn
Holden, Victim Witness Coordinator for the District Attorney's Office, explained this is an application for
$125,755.00 to help victims of crime, and they are not asking for an increase over last year due to
limited funds. Commissioner Conway noted A Women's Place (battered women's shelter) receives the
highest percentage of these funds, and Ms. Holden said that many of the partners have mandated
duties, and she wishes that they didn't have to rely so much on VALE Funding, the $710,000.00 total
received from VALE supports 13 programs, and a five-member VALE Board, appointed by Chief Judge
Hartman, makes the decisions on how this funding is used. Commissioner Conway said A Woman's
Place may be the best use of these funds, but the question should be raised because 2/3 of the funds
are going to them and might be better spent elsewhere. Commissioner Garcia moved to approve said
application and authorize the Chair to sign. The motion, which was seconded by Commissioner
Conway, carried unanimously.
�J 3) CONSIDER APPLICATION FOR THE DOMESTIC VIOLENCE FAST TRACK AND
DOMESTIC VIOLENCE FELONY PROJECT GRANT AND AUTHORIZE ELECTRONIC SUBMITTAL:
Ms. Holden said this is a grant from the Department of Criminal Justice for $58,801.000, and requires a
25 percent match. These grants are specific to domestic violence and sexual assault, and partially
covers the salaries for the unit; she referred to calculations included in the pass-around detailing how
the salaries are parsed. Commissioner Conway moved to approve said application and authorize
electronic submittal. Seconded by Commissioner Freeman, the motion carried unanimously.
Minutes, February 24, 2014 2014-0562
Page 2 BC0016
4) CONSIDER TEMPORARY CLOSURE OF CR 86 BETWEEN CRS 39 AND 41: Amy Joseph,
Department of Public Works, reviewed the temporary road closure for a culvert replacement.
Commissioner Freeman moved to approve said temporary road closure. The motion was seconded by
Commissioner Conway, and it carried unanimously.
Ii 5) CONSIDER TEMPORARY CLOSURE OF CR 394 BETWEEN CRS 35 AND 1ST STREET:
Ms. Joseph reviewed the temporary road closure for a culvert replacement. Commissioner Garcia
moved to approve said temporary road closure. The motion was seconded by Commissioner Conway,
and it carried unanimously.
El 6) CONSIDER AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES AND AUTHORIZE
CHAIR TO SIGN - DCP MIDSTREAM, LP: Michael Bedell, Department of Public Works, explained the
necessity of this agreement for relocating gas lines for the CR 49 Intersection Improvement Project.
Mr. Bedell explained the cost, the funds available, and the necessity of removing old gas lines.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Conway, and it carried unanimously.
7) CONSIDER WORK ORDER FORM PURSUANT TO AGREEMENT FOR CRS 44 AND 49
INTERSECTION IMPROVEMENTS PROJECT (CDOT#SHO C030-052) AND AUTHORIZE CHAIR TO
SIGN -WESTERN STATES LAND SERVICES: Leon Sievers, Department of Public Works, stated this
is to acquire four parcels of land for these federally funded intersection projects, not to exceed $20,000,
and is scheduled to be completed by July 6, 2014. Commissioner Conway moved to approve said work
order and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried
unanimously.
PLANNING:
IE 1) FINAL READING OF CODE ORDINANCE #2013-15, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Commissioner Conway moved to read by title only. The motion was seconded by Commissioner
Freeman, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record.
Michelle Martin, Department of Planning Services, explained there are two parts, the first is to clean up
the numbering of sections of Chapter 23 to direct readers to the correct pages, and the second part is
to open a dialogue between Weld County and the oil and gas industry. She described the open-houses
which were held with the oil and gas industry, but said she has not received any follow-up
communications since that meeting. Chair Rademacher opened the floor to public comment.
El Kurt Moore, Noble Energy, Inc., spoke at length about communication between the County and
the industry and during the past year and current industry practices. In response to Chair Rademacher,
Mr. Moore confirmed that there are more tanks at the starting points, and the decline periods are similar
to conventional wells. a Commissioner Garcia stated the Planning Commission voted against this
change because it could be seen as an opening for further regulations. a Commissioner Freeman
moved to continue this until Wednesday, February 26, 2014, at 9:00 a.m., in order to have all five
commissioners present because this is an important change. Commissioner Conway seconded, saying,
although there are good ideas in this, he still has reservations regarding unintended consequences and
the concerns raised by the Planning Commission are also convincing. The motion carried
unanimously.
Minutes, February 24, 2014 2014-0562
Page 3 BC0016
El 2) CONSIDER REQUEST CONCERNING REVISIONS TO VARIOUS CONDITIONS OF
APPROVAL FOR CHANGE OF ZONE, PZ-1158, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH C-3 (BUSINESS
COMMERCIAL) AND 1-3 (INDUSTRIAL) USES, FOR NINE (9) PARCELS OF 35 ACRES IN SIZE OR
GREATER, OPEN SPACE, AND CONTINUING OIL AND GAS PRODUCTION - RAWAH
RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC: Michelle Martin, Department of Planning
Services, reviewed the requested revisions and the history of this Change of Zone, noting the applicant
does not yet know the intentions for use by the future lot owners. The Change of Zone plat was
recorded; the second part explains what the applicant needs to do to record the final plat. Brad Yatabe,
Assistant County Attorney, noted that Conditions of Approval #5.F, #5.G and #7.B relate to covenants.
He noted, as an aside, that the applicant sent in additional revisions, not yet reflected in the mark-up of
the resolution. He said the County is concerned with proper allocation of maintenance of the area. He
said there should be some trigger for covenance, such as plats subsequent to the first final plat or
site-plan review. The applicant wants to hold off on forming those until they talk with the future
owner/applicants about their intentions of use. His preference would be to have then filed up front, and
amend them later, so there is a baseline. The timeline can be shifted a bit; however, the Board needs
to consider setting a precedent and perhaps include language clarifying that. In response to Chair
Rademacher, Mr. Yatabe said because this is a non-residential common-interest community, the timing
is not statutorily set. Ms. Martin confirmed this is a PUD process, and explained how much information
they have to submit when they submit the final plat and determine the lots. They are not requesting
any of the requirements be eliminated, just that deadlines are moved out. PA Elizabeth Relford,
Department of Public Works, said most of this is Public Works information, and they have some
concerns about setting precedent, so looking at the overall development collectively makes more
sense. El Ms. Martin said Planning Services is concerned that the applicant requested the removal
of the timeline; however, since they have three years to address the Conditions of Approval and record
the final plat, she would recommend changing the reference from 60 days to three (3)years.
I] Fred Otis, attorney for the applicant, explained it's been three years since the application was
approved, and they are now at the point where the final plat needed to be filed. He said the applicant is
not asking for a waiver of any requirements, but is asking for some delay until it is determined what use
the lots will actually be put to, because it makes more sense to determine what accesses, covenants
and improvements are needed at that time. He said this should benefit the County, as well as the
buyers and the applicant, and noted there will be plats submitted subsequent to the first final plat. He
requested that several Conditions of Approval be moved to the time of the Site Plan Review. He
referred to a memo on Page 30, which outlines all the requested changes. Fl Ms. Martin said staff is
requesting the perimeter emergency access timing be a part of the final application, because it is
applicable to all the lots and is for emergency use. ID Craig Harrison, Niobrara Energy Park, LLC,
explained that the final plat will not have emergency accesses on it —that expectation was based on a
conceptual drawing. Ms. Martin concurred if there is no common element to all lots that should not be
an issue. Fl Ms. Relford expressed her concern this change is not development friendly, because of
the possibility the first lot purchaser may be required to do the majority of the improvements, or there
may not be enough accesses allotted to subsequent lots, etc. El Commissioner Freeman concurred
that waiting on accesses until the site plan review makes sense, even if it requires a change to the
PUD. He noted this is the only industrial PUD in the state. Commissioner Conway said the Board
knew when this was approved that it would necessary to come back and make changes; this site can
be transformative for Weld County and the State of Colorado. Chair Rademacher concurred.
El Mr. Barker noted this is a change of zone, so it cannot be revoked, and concurred with Mr. Otis
that, in this instance, it makes sense to do it as the applicant has proposed. Fl Commissioner Garcia
Minutes, February 24, 2014 2014-0562
Page 4 BC0016
concurred, noting this began with open possibilities and would not be creating a precedent for a
different type of project because it is so unique. E Mr. Otis referred to the covenants, noting he was
confused in regard to Condition of Approval #7.0, and Ms. Martin confirmed the Code reads, "three
years from the administrative approval of the final plan application, or the Board of County
Commissioner's resolution". ID Ms. Martin clarified the resolution matches what the Board discussed
today; the covenants will be moved to a new category in the resolution and the language will read, "At
the time of the Site Plan Review Application or for any plats subsequent to the first final plat, whichever
comes first." The Conditions of Approval to be moved are #5.F, #5.G, #5.P, and #7.8 and also to state
under #7.0 that the applicant has three years from the date of the administrative approval to address
the Conditions of Approval in #9 and record the final plat. Mr. Yatabe recommended Condition of
Approval #5.P be moved to the new #9 as well. Chair Rademacher opened the floor to public
comment. F1 Commissioner Conway moved to amend the resolution as stated by Ms. Martin. and
requested Ms. Martin read the changes into the record. Seconded by Commissioner Freeman, the
motion carried unanimously. El Commissioner Conway moved to approve said amended resolution.
The motion, which was seconded by Commissioner Garcia, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-15 was continued until Wednesday, February 26, 2014, at
9:00 a.m.
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 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
��11 CC�� ado;
WELD COUNTY LOORADO q
ATTEST: G,d / ri. ado R' ( arm /1/)-
Douglas R'ademac er, Chair
Weld County Clerk to the Boar . A%
CUSED
bara Kirkmeyer, Pro-Tem
BY: r 1�.
Deput tt lerk to the Board r: ;�� •
an P. Conway
��
Mike Free n
a F. Gar is
Minutes, February 24, 2014 2014-0562
Page 5 BC0016
0. ) T
KI en
N /;' M
a to
to
wu
at
t 1-I
Sty
cl• 5g
sN� °
W —t.W O
a o
6
J
W O
U Z
J
u
W
J
H
Z
017.
1
Hello