HomeMy WebLinkAbout20110360 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 2, 2011
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
Centennial Center, Greeley, Colorado, February 2, 2011, 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 Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher— EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of January 31, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Commissioner Long moved to add the following New Item of Business
to the Agenda: 4) Consider Application for 2011-2012 Internet Crimes Against Children (ICAC) Task
Force Grant [2011-0433]. Commissioner Garcia seconded the motion, which carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated he listened to Amy Oliver's show on KFKA
radio yesterday, and Bob Moore, Editor for the Coloradoan and the Northern Coloradoan Business
Journal, indicated there is a new addition to the Air Quality Bill. He indicated people will need to have
tires and wheels on their vehicles which are the same as the original equipment because any larger
tires or wheels will not fit in the machines used for testing emissions. He stated someone reportedly
had to purchase $600.00 tires to complete the emissions testing for their vehicle. Commissioner
Conway stated the hearing for House Bill 1082, the Emissions Bill being introduced by Colorado
Representative Glenn Vaad, will have its first hearing tomorrow at the Capitol, at 1:30 p.m., in front of
the House Health Committee, and he invited Mr. Meyer to attend. Mr. Meyer stated he will not be able
to attend; however, he has spread the word about the hearing to others through e-mail.
Mr. Meyer stated he has been studying the Colorado water laws, and State Representative Jerry
Sonnenberg indicated the water belongs to the State of Colorado; however, the water law indicates that
the water belongs to the public, and he has an article where Judge Hobbs also indicates the water
belongs to the public.
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CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated the Greeley City
Council passed a Resolution in support of House Bill 1082, and the Resolution was approved by a
unanimous vote.
BIDS:
PRESENT BID #61000151, CNG FUELING STATIONS - DEPARTMENT OF PUBLIC WORKS: Barb
Connolly, Controller, stated one (1) vendor submitted a bid; Clean Energy, and said bid is currently
being reviewed and will be presented for approval on February 16, 2011.
PRESENT BID #61100027, TREE TRIMMING AND REMOVAL - DEPARTMENT OF PUBLIC
WORKS: Ms. Connolly stated one (1) vendor submitted a bid; American Arborist Service, which is the
County's current vendor for this service, and the proposed cost for the service is the same price the
County is currently paying. She stated said bid will be presented for approval on February 16, 2011.
NEW BUSINESS:
CONSIDER TASK ORDER AMENDMENT #3 FOR CORE SERVICE IMMUNIZATION PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, M.D., Director, Department of Public Health
and Environment, stated this funding allows the Department to create higher immunization rates for
children in Weld County; thereby, reducing illness, injury, and death from vaccine-preventable
infectious diseases. He stated if the amendment is approved, the Department will continue to complete
reminder and recall activities for children and their families, when the Department has permission to do
so, and the Department will also provide technical support to community physicians' offices on the
complex immunization schedules, and the Department will continue to provide immunization services
directly to children. He stated if the amendment is approved, the Department will also continue to
support the Weld County Immunization Coalition, which makes possible many of the recall reminders.
Dr. Wallace stated the funding will not exceed $78,550.00, 82 percent of which originates from the
Federal government and 18 percent of which originates from the State. He indicated the term of the
amendment is January 24, 2011, through December 31, 2011, and the Program has been highly
successful in improving the childhood immunization rates in Weld County. Commissioner Conway
stated he has participated as a volunteer by calling parents for this Program. Dr. Wallace clarified
numerous community service clubs volunteer to make calls for the Program on Tuesday evenings.
Commissioner Conway stated it is wonderful to have the opportunity to speak to new parents and this is
a very helpful and beneficial program, and he moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER EQUIPMENT LEASE WITH OPTION TO PURCHASE AND AUTHORIZE CHAIR TO SIGN
- POWER EQUIPMENT COMPANY: Ms. Connolly indicated the County will not exercise the option to
purchase this equipment; it will just lease it for 30 days, for a cost of $9,500.00, and the equipment
being leased is a 2006 Volvo haul truck. She stated staff considered two (2) other bids; however, those
vendors indicated the monthly cost of the equipment would be $9,700.00. Commissioner Long moved
to approve said lease and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER RESOLUTION EXPRESSING SUPPORT FOR PASSAGE OF H.B. 11-1082:
Commissioner Conway stated this is a Resolution supporting State Representative Glenn Vaad's Bill
regarding the Emissions Program, and it indicates Weld County's ozone levels have decreased by
more than 20 percent over the last three (3) years, and Weld County is not only meeting the current
standard, it is also below the proposed maximum ozone level for the year 2014. He stated the oil and
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gas industry has invested 35 million dollars into successfully reducing the ozone level over the last
four (4) years; therefore, Weld County should not have to be a part of this program, and the same is
true for Larimer County. He stated none of the reporting stations, monitored by the Colorado
Department of Public Health and Environment, are out of compliance in either Larimer or Weld
Counties. Commissioner Conway indicated he will be testifying at the hearing tomorrow regarding
House Bill 11-1082, and moved to approve said Resolution. He thanked Bruce Barker, County
Attorney, for his work on the proposed Bill. Commissioner Garcia seconded the motion, and he stated
a policy-making process typically originates from the public expressing a concern about a particular
area and then potential ways to address the problem are discussed; however, this did not occur with
the previous bill which implemented the Emissions Program, Senate Bill 3. He stated Weld County has
clean ozone readings, and Senate Bill 3 was not locally initiated; therefore, the process was flawed
from beginning. He stated Representative Vaad is following the correct policy-making process, by
responding to the citizen concerns which have been expressed since Senate Bill 3 was passed.
Commissioner Conway stated this legislation is also supported by a number of other northern Colorado
legislators, including State Representatives Jerry Sonnenberg and B.J. Nikkei, and Senators Scott
Renfroe and Shawn Mitchell. He stated the legislature acted hastily by adding Weld County to the
Emissions Program, and Weld County has been a leader in renewable energy. He commended Chair
Kirkmeyer for being instrumental in Weld County's clean energy initiative, in terms of the compressed
natural gas program. Commissioner Conway stated Weld County is taking efforts to ensure its air is
clean and it has met and exceeded the EPA (Environmental Protection Agency) standards; therefore,
the citizens should not be punished. There being no further discussion, the motion carried
unanimously.
CONSIDER APPLICATION FOR 2011-2012 INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK
FORCE GRANT: Ron Arndt, Lab Director for the Northern Colorado Regional Forensic Laboratory,
stated this application is the result of an opportunity to respond to a solicitation to purchase a more
powerful server for the Department, to utilize in its work concerning internet crimes against children.
Commissioner Long moved to approve said application. Commissioner Conway seconded the motion,
which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR OPEN SPACE PARKS
PORTION OF PLANNED UNIT DEVELOPMENT FINAL PLAN, S #554 - KB HOME OF COLORADO,
INC.: Kim Ogle, Department of Planning Services, stated staff received a request from the Idaho Creek
Homeowners Association (HOA), on behalf of KB Homes Colorado, Inc., dated January 13, 2011, for
the full release of all monies associated with the Open Space Parks and Classroom components of the
Idaho Creek PUD. He stated that the HOA has assumed the responsibility for the upkeep and
maintenance of the area; therefore, he recommends the full release of the collateral, which is currently
being held in a Faithful Performance Bond, in the amount of $346,006.00. Chair Kirkmeyer indicated
the copy of the letter submitted to the Board from the Idaho Creek Homeowners Association is not
signed. Responding to Chair Kirkmeyer, Mr. Ogle stated the letter was received in an e-mail from the
President of Idaho Creek Homeowners Association, Inc., and he clarified Katie Cooley, Cooley
Development Consulting, had indicated concerns regarding the plant material; however, when staff
contacted Cooley Development to verify whether the plant material was in place, it indicated it had
conveyed responsibility to the HOA. He stated staff spoke to Kyle Berzina, Hammersmith
Management, and he confirmed the HOA is maintaining the area and the plant material has been
removed and replaced with seed, which is the most recent information he has received. Responding to
Chair Kirkmeyer, Mr. Ogle confirmed KB Homes Colorado, Inc., met the original requirements before
turning the responsibilities over to the HOA, and he indicated although there were some issues during
the interim, the plant materials are placed in the correct location. Commissioner Conway moved to
approve said cancellation and release of collateral for the Open Space Parks portion of PUD Final
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Plan S #554, based on staff's recommendation. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PROPOSED MODIFICATIONS TO USR #1428 - JOHN AND DENISE WALKUSCH: Chris
Gathman, Department of Planning Services, stated this is a request to modify Use by Special
Review (USR) Permit #1428, which is a special use permit for repair work on heavy duty trucks and
farm equipment in the A (Agricultural) Zone District. He stated the request is to allow up to five (5)
trucks and three (3) trailers associated with the gravel/dirt hauling business, along with three (3) outside
employee vehicles, and to expand the exterior boundaries of the USR Permit to meet the boundaries of
Subdivision Exemption #485. He stated this matter was initially presented to the Board on November
22, 2010, at a probable cause hearing, at which time staff was directed to research the record to
determine what was approved when the original USR Permit was granted, why the trucking component
was not included in the original USR Permit, and how the trucks could be included in the USR Permit.
Mr. Gathman stated USR #1428 was originally approved on April 7, 2004, in response to a violation
initiated during July, 2001, involving two (2) issues; a noncommercial junkyard, and the operation of a
business without the proper zoning permits. He stated the USR Permit application specifically
addressed the repair business; however, the trucking component was not included in the application,
and in the year 2004, a field check of the site did not result in any trucks being observed at the location.
He indicated he has provided photographs of the 2004 field check, and there are no trucks which are
associated with the business on the property in the photographs. Mr. Gathman stated he has also
provided photographs taken in the year 2010, which demonstrate the changes which have occurred on
the property since the year 2004. He stated staff participated in discussions with John Walkusch,
applicant, upon the Board's direction, and Mr. Walkusch submitted a request to include the additional
vehicles and three (3) outside employees in his USR Permit, as well as to extend the boundary of the
USR Permit to reflect the ownership boundaries, since only a portion of the property was originally
included in the USR Permit boundary. He indicated staff has outlined three (3) potential options: 1) To
request the USR Permit be amended through an Amended USR Permit process, which would allow a
90-day timeframe for Mr. Walkusch to submit the application; 2) To approve Mr. Walkusch's request to
make the requested changes as a minor modification, in which case, staff would recommend the plat
be submitted to the Department, in order to track the changes and that the title be reflected to reflect
the additional equipment and the plat be modified to add proposed Development Standards #5 and #6,
that an updated access permit be obtained from CDOT (Colorado Department of Transportation), and
that the updated plat map be submitted to recording within 30 days; or 3) To compromise by allowing
two (2) outside employees and two (2) commercial vehicles, in accordance with the recently adopted
requirements for a Class II Home Occupation, without requiring the entire process for an Amended
USR Permit. He clarified staff corresponded with CDOT about the access permit mentioned as part of
Option #2, and CDOT indicated if the amount of traffic using the access is proposed to increase, an
updated access permit will be required, in order to track updated traffic count; however, Mr. Walkusch
will not be charged a fee. Mr. Gathman stated staff notified the surrounding property owners about this
request, and staff's recommendation is to proceed with Option #3, unless Mr. Walkusch is not satisfied
with the recommendation, in which case, staff recommends the Amended USR Permit process be
followed.
Mr. Walkusch stated he does not want to reduce the number of trucks on his property. He stated a
neighbor has complained about cars speeding in the driveway and expressed concern for her children;
however, he cannot control all the cars utilizing the driveway. He stated the complaining neighbor
operates a business out of her house, which he is unsure as to whether she has a permit to operate;
therefore, he cannot control all the vehicles utilizing the driveway to access the three (3) residences.
Mr. Walkusch stated the neighbor indicated there were 20 vehicles speeding in the driveway between
8:00 a.m. and 1:00 p.m. on one particular day; however, he finds that difficult to believe. He stated the
neighbor has complained about rocks and gravel flying from the driveway; however, he has placed
crushed asphalt on the driveway which has nearly fused into regular asphalt, prior to applying for the
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original USR permit, and the asphalt has eliminated the dust problem. He stated the neighbor indicated
she lost some of her pasture due to the driveway being widened; however, the original fence was
erected by the previous owners, and the fence is placed along the driveway. Mr. Walkusch stated at
one time the neighbor's son-in-law bladed the driveway, which caused the driveway to be wider than
when he crowned it. He stated he normally completes all the maintenance on the driveway, including
clearing the snow. He stated all of the neighbor's complaints are unrelated to the proposed
modifications or the trucking business. Mr. Walkusch stated he spent $27,000.00 to install an eight (8)
foot fence and planted more than 100 trees on his property, in order to screen the trucks from his
neighbors views, even though his neighbors houses face east and west; therefore, the neighbors
cannot see the trucks unless they walk to the back of his building. He stated he keeps his property
clean, and free of oil, grease, and trash and he cannot see any merit in any of the complaints, which
are in regards to items approved long ago. He stated the complaining neighbor signed a letter which
indicated she was not opposed to his business when he applied for the original USR permit, and he has
had trucks on the property since the year 1991 and lived there since the year 1994. Mr. Walkusch
stated at the time his USR Permit was approved in the year 2004, nobody asked about the trucks
parked there, or indicated the trucks should be included in the USR Permit application. He stated the
trucks were probably in use and not at the site on the day the Department of Planning Services took
photographs of the site at that time. He indicated that at the last hearing, the Board directed staff to
research alternative ways to amend the property boundaries to include the trucks, in order to resolve
the matter without forcing him to apply for another costly permit. Mr. Walkusch stated he wants to
resolve the matter in the least costly manner available to amend the USR Permit boundaries to include
his trucks and allow his employees to access the property when necessary. He stated his employees
depart from the property before most of the neighbors wake up and then the trucks return to the
property around 5:00 p.m. He stated there is a nearby landscaping business which generates a great
deal more traffic than his business, and there are several businesses along State Highway 392 which
are similar to his business; therefore, he feels as though he is being singled out. In response to
Mr. Barker, Mr. Gathman clarified staff provided notice of today's meeting to the surrounding property
owners within 500 feet. Chair Kirkmeyer gave the opportunity for public testimony; however, none was
provided. In response to Commissioner Conway, Mr. Gathman confirmed the only correspondence
staff has received regarding the matter is the one (1) e-mail Mr. Walkusch spoke about; however, staff
has also received phone calls regarding the matter. Chair Kirkmeyer inquired as to how long Roberta
Feather, the neighbor who submitted the e-mail in opposition to Mr. Walkusch's request, has resided at
the location, since she does not see her name as a surrounding property owner on the original USR
Permit application materials. Mr. Gathman indicated he believes Ms. Feather resided at the location
when Mr. Walkusch applied for the original USR Permit. Mr. Walkusch confirmed Ms. Feather did
reside at the location when he applied for the original USR Permit, and he stated Ms. Feather also
signed a document supporting his driveway access for the repair business, as well as the other nearby
neighbor. He indicated his dog was in an altercation with Ms. Feather's dog, where his dog bit her dog,
and he paid the initial veterinary bill; however, Ms. Feather wanted him to pay subsequent bills which
he did not feel obligated to pay, resulting in the friendship being strained. He stated Ms. Feather's
e-mail also indicated she is having difficulty selling her home because of his business; however, it is
due to the economy and not a reflection on his business. Mr. Walkusch stated he does not want to
reduce the number of employees he has working for him, which would add to the number of people
collecting unemployment. He indicated all of these issues should have been addressed when he first
applied for the USR Permit. Commissioner Conway inquired as to whether Mr. Walkusch thought the
trucks were included in the original USR Permit. Mr. Walkusch clarified the trucks were not discussed
when he applied for the original USR Permit, and he did not know it was a problem to park the trucks
on the property. He stated the trucks do not haul gravel to or from his property; the property simply
garages the trucks, and the Department of Planning Services did not indicate it was a problem when he
applied for the USR Permit. He indicated the trucks are not visible from State Highway 392 or by the
surrounding neighbors, since he spent a significant amount of money to screen his property from the
view of others. Mr. Walkusch indicated the trucks cannot feasibly speed down the driveway and
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Page 5 BC0016
successfully complete the necessary turn to enter onto his property; therefore, the speeding vehicles
Ms. Feather is complaining about are not his trucks. Commissioner Garcia inquired as to whether the
first of the three (3) options staff presented is asking the Board whether allowing five (5) trucks,
three (3) trailers, and three (3) outside employees is a substantial change to the original USR Permit.
He also inquired as to whether the second option is that the Board will not require an amended USR
Permit and the Department of Planning Services will review it, or is the option stating the amendment
will be approved. He stated Mr. Walkusch does not agree with the third option, and he inquired as to
whether Mr. Walkusch still has the opportunity to apply for an amendment to the original USR Permit.
Mr. Gathman clarified the first option is that the Board determine Mr. Walkusch's proposal to be a major
change and Mr. Walkusch would need to submit an application for an amended USR Permit within
90 days, and the second option would be for the Board to determine Mr. Walkusch's proposal is a
minor modification, in which case, Mr. Walkusch would just need to provide an updated plat and access
permit, and there would be no further land use processes required. He stated the third option is staff's
position; it determined two (2) trucks and two (2) employees would not be a major change and would be
allowable under the Weld County Code. Commissioner Garcia stated Mr. Walkusch does not want to
accept staff's recommendation; therefore, he has the option to apply for an amended USR Permit.
Mr. Gathman concurred. Chair Kirkmeyer indicated she is reviewing the documentation from the
original USR Permit and the title in the Resolution references repair work on heavy duty trucks and
farm equipment; however, she cannot locate any requirements in the Conditions of Approval or
Development Standards which address the number of employees. Mr. Gathman confirmed Chair
Kirkmeyer is correct; the number of employees is not specified. Chair Kirkmeyer stated since the
number of employees is not addressed in the Conditions of Approval or the Development Standards, a
modification or an amendment to increase the number of employees who work for Mr. Walkusch is not
necessary, even though his application indicated one (1) employee. She stated people typically
indicate how many employees they have at the time of the application, and perhaps due to the violation
preceding the USR application, Mr. Walkusch indicated he only had one (1) employee at that time. She
stated there is also nothing in the Conditions of Approval or Development Standards which states the
number of trucks or semi-trailers he can work on; however, the Conditions of Approval indicate the
existing trailers should be screened, and the cesspool should be abandoned. Chair Kirkmeyer
indicated she does not understand why this matter has come before the Board; a modification does not
seem necessary. Commissioner Conway reiterated Mr. Walkusch has spent $27,000.00 to screen the
property, in order to meet the Conditions of Approval in the USR Permit. Chair Kirkmeyer reiterated
she is not sure whether an amendment or modification is necessary, and she is unsure as to whether
Mr. Walkusch is in violation of the Weld County Code. Commissioner Long concurred with Chair
Kirkmeyer. Mr. Barker indicated the Board needs to consider modifying the USR Permit to include the
entire operation; therefore, a boundary modification needs to be considered. In response to Mr. Barker,
Mr. Walkusch clarified he chose to exclude a portion of the property from the USR Permit boundary
because he was trying to prevent paying higher taxes on the portion of the property he was going to
utilize for business purposes. He stated he spent over $40,000.00 to bring the property into
compliance, and he does not want to pay another $10,000.00 to complete another survey for an
amended USR. Commissioner Long moved to approve the modification to the boundary of USR #1428
to include the entire property within the USR Permit, and he indicated he does not find Mr. Walkusch to
be in violation of the Weld County Code, or the USR Permit, regarding the number of employees or
trucks which are allowed on the property. Chair Kirkmeyer stated the next item of business will make it
clear the Board does not find Mr. Walkusch to be in violation of the Weld County Code or the USR
Permit. Commissioner Garcia seconded the motion. Chair Kirkmeyer clarified property taxes are
assessed based on the use of property; not the zoning, in regards to Mr. Walkusch's earlier comment
regarding taxes. She stated she hopes Mr. Walkusch continues to try to resolve the matter with his
neighbors, and the Board is not dismissing Ms. Feather's concerns. Mr. Walkusch indicated he strives
to remain in compliance with the USR Permit, and he continues to complete all the maintenance on the
shared driveway, despite the turmoil he has endured during this conflict. He indicated he does not
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Page 6 BC0016
intentionally cause problems with his neighbors. There being no further discussion, the motion carried
unanimously.
PROBABLE CAUSE HEARING CONCERNING USR #1428 - JOHN AND DENISE WALKUSCH
(CON'T FROM 11/22/2010): Mr. Gathman stated the Board's direction is clear that this matter should
be dismissed, based on the previous discussion. Chair Kirkmeyer and Commissioner Conway
concurred it is the Board's intent that the matter be dismissed. Chair Kirkmeyer thanked Mr. Gathman
for providing the original USR Permit application to the Board for review, as was requested at the
violation hearing. She gave the opportunity for public testimony; however, none was provided.
Commissioner Conway moved to dismiss the matter. Seconded by Commissioner Long, the motion
carried unanimously.
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= rther business, this meeting was adjourned at 10:00 a.m.
A4 E BOARD OF COUNTY COMMISSIONERS
, WE COUNTY, COLO O
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PP, rbara Kirkmeyer, Chair
Wel. ! '.`4- e Board ?
BY: CCAN' Sean P. ay, Pro-Tem (
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Deputy Clerk to the Board (IV
Wilm F. Garcia
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David.
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bun y Attorney EXCUSED
Douglas Rademacher
Minutes, February 2, 2010 2011-0360
Page 7 BC0016
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