HomeMy WebLinkAbout20100928.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 3, 2010
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, May 3, 2010, 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
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long (Participated via telephone)
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 28, 2010, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: R. Chris Eikenberg, Weld County resident, stated she spent time with a group of
single mothers from Weld County who wish to request that the Commissioners organize a forum for
child support complaints and concerns regarding the court system's role in child support matters.
Ms. Eikenberg stated judges are sometimes going through divorces themselves, which impairs their
judgment regarding child support matters; however, there is no acknowledgment this may occur. She
stated the group of women she spoke to indicated they would like a forum where they may express
their concerns and suggestions without fear of retaliation. She further stated the court system needs to
be streamlined, in order to ensure adequate County services are being provided, or a board needs to
be created, to specifically address child support issues. Commissioner Kirkmeyer stated she is willing
to meet with the group; however, the Board does not have control over the judicial system. She stated
she can invite the chief judge to the meeting. Commissioner Conway stated the issue regarding judicial
review is initially handled by Chief Judge James Hartmann, and then the oversight and administration is
handled by the Supreme Court. He stated specific issues should be brought to Chief Judge Hartmann.
Ms. Eikenberg stated the group of women she spoke to indicated they want a forum for all women in
their position to be able to participate; not only their group. She stated the group does not understand
many of the legal procedures. Commissioner Garcia stated the concerns regarding understanding the
process may be able to be addressed by the County Bar Association, which conducts several free
educational activities to educate people about the basics of the divorce process. Ms. Eikenberg stated
the questions are not regarding the divorce process; the questions are regarding subsequent County
Minutes, May 3, 2010 �0 2010-0928
Page 1 5 ap BC0016
action. Chair Rademacher stated Ms. Eikenberg has been given some direction, and Commissioner
Kirkmeyer has agreed to meet with the group. Commissioner Conway stated the County invests a lot
of resources into child support collection, and if the process can be streamlined, the County is
interested in accomplishing that.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, CLERK TO THE BOARD - SHARON KAHL: Chair Rademacher read
the certificate into the record, recognizing Sharon Kahl for 26 years of service with Weld County.
Bruce Barker, County Attorney and Clerk to the Board, stated Ms. Kahl was hired in the year 1983 at
the Weld County Sheriffs Office, where she worked until transferring to the Department of Buildings
and Grounds in the year 1999, and she worked for the Department of Buildings and Grounds until April,
2002, at which time she transferred to the Clerk to the Board's Office. Mr. Barker stated that Ms. Kahl
is dependable, resourceful, competent, hard-working, cheerful, and fun to be around.
Ms. Kahl stated she has had a great career working for Weld County, she has made lifelong friends,
and she has been presented with many opportunities to grow and learn.
Commissioner Conway stated Ms. Kahl has an infectious smile and a positive attitude, she will be
missed, and he hopes she will visit often. Commissioner Garcia stated he has enjoyed working with
Ms. Kahl. Commissioner Kirkmeyer concurred with Mr. Barker that Ms. Kahl has an infectious smile,
and she thanked Ms. Kahl for her service, and wished her luck with future endeavors. Commissioner
Long stated he will miss Ms. Kahl. Chair Rademacher concurred with the previous comments about
Ms. Kahl and he wished her good luck.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID#B1000097, BOILER REPLACEMENT IN CENTENNIAL CENTER - DEPARTMENT OF
BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and Administration, stated this project
will utilize American Recovery and Reinvestment Act (ARRA) grant funds, and said bid will be
presented for approval on May 17, 2010. Ms. Mika stated she will verify whether the energy savings
benchmarks will be met for this project. In response to Commissioner Conway, Ms. Mika confirmed the
County will be obligated to report the number of jobs created as a result of this project, since ARRA
funds are being utilized.
APPROVE BID #61000090, SECURITY FOR COURTHOUSE, COURTS WEST, AND CENTENNIAL
CENTER - SHERIFF'S OFFICE: Ms. Mika stated she spoke to the Sheriffs Office, and she
recommends delaying the consideration of this bid, in order to allow her time to provide clarity regarding
the justification for this bid recommendation. Commissioner Conway moved to continue said bid
approval to May 10, 2010, based on staff's recommendation. Commissioner Long seconded the
motion. Commissioner Kirkmeyer stated she will require better cost justification to be provided in order
to support the approval of staff's recommendation for this bid. There being no further discussion, the
motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4, S8, T8N, R64W: Barb Connolly,
Controller, stated the top two (2) bidders may participate in the auction, and other bidders which are
within 10 percent of the top bid may participate. She stated the top two bidders for this parcel are
Eagle Land Services, and Hoover and Stacy, and none of the other bids are within 10 percent of the
Minutes, May 3, 2010 2010-0928
Page 2 BC0016
high bid. Steve Stacy, Hoover and Stacy, and Adam Butcher, Eagle Land Services, introduced
themselves. With the two (2) highest bidders participating in the auction, Hoover and Stacy raised its
amount to $600.00 per net mineral acre, at which time Eagle Land Services declined to bid.
Commissioner Garcia moved to approve the high bid from Hoover and Stacy, in the amount of $600.00
per net mineral acre. Seconded by Commissioner Conway, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4, S24, T8N, R64W: With the two (2)
highest bidders participating in the auction, Hoover and Stacy raised its amount to $600.00 per net
mineral acre, at which time Eagle Land Services declined to bid. Commissioner Kirkmeyer moved to
approve the high bid from Hoover and Stacy, in the amount of$600.00 per net mineral acre. Seconded
by Commissioner Conway, the motion carried unanimously.
CNDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4 SE1/4, S25, T9N, R64W:
Ms. Connolly stated Bold Resources, LLC, has submitted the high bid in the amount of $75.00 per net
mineral acre. As the second highest bidder, Verne Dwyer was given the opportunity to participate in
the oral auction; however, he declined to raise his bid. Commissioner Kirkmeyer moved to approve the
high bid from Bold Resources, LLC, in the amount of $75.00 per net mineral acre. Seconded by
Commissioner Conway, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - S1/2 NE1/4, S30, T9N, R64W:
Ms. Connolly stated Verne Dwyer submitted the high bid in the amount of$250.00 per net mineral acre.
As the second highest bidder, Bold Resources, LLC, was given the opportunity to participate in the oral
auction; however, it declined to raise its bid. Commissioner Kirkmeyer moved to approve the high bid
from Verne Dwyer, in the amount of $250.00 per net mineral acre. Seconded by Commissioner
Conway, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - S1/2 NW1/4, S30, T9N, R64W:
Ms. Connolly stated the high bid was submitted by Verne Dwyer in the amount of $250.00 per net
mineral acre. As the second highest bidder, Bold Resources, LLC, was given the opportunity to
participate in the oral auction; however, it declined to raise its bid. Commissioner Conway moved to
approve the high bid from Verne Dwyer, in the amount of $250.00 per net mineral acre. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE -ALL (IN COLORADO), S14, T12N, R64W:
Ms. Connolly stated Bold Resources, LLC, submitted the high bid in the amount of $114.00 per net
mineral acre. As the second highest bidder, Verne Dwyer, was given the opportunity to participate in
the oral auction; however, he declined to raise his bid. Commissioner Conway moved to approve the
high bid from Bold Resources, LLC, in the amount of $114.00 per net mineral acre. Seconded by
Commissioner Long, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - LOT 3, NE1/4 SW1/4, S31, T12N, R64W:
Ms. Connolly stated Hoover and Stacy submitted the high bid in the amount of $607.00 per net mineral
acre. As the second highest bidder, Eagle Land Services was given the opportunity to participate in the
oral auction; however, it declined to raise its bid. Commissioner Conway moved to approve the high
bid from Hoover and Stacy, in the amount of $607.00 per net mineral acre. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, May 3, 2010 2010-0928
Page 3 BC0016
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S6, T8N, R65W: Ms. Connolly
stated Eagle Land Services and Hoover and Stacy are the two (2) highest bidders. With the two (2)
highest bidders participating in the auction, Eagle Land Services raised its amount to $570.00 per net
mineral acre, at which time Hoover and Stacy declined to bid. Commissioner Conway moved to
approve the high bid from Eagle Land Services, in the amount of $570.00 per net mineral acre.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S30, T8N, R65W: Ms. Connolly
stated Hoover and Stacy submitted the high bid in the amount of $705.00 per net mineral acre. As the
second highest bidder, Eagle Land Services was given the opportunity to participate in the oral auction;
however, it declined to raise its bid. Commissioner Conway moved to approve the high bid from
Hoover and Stacy, in the amount of $705.00 per net mineral acre. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4 SE1/4, S18, T9N, R65W:
Ms. Connolly stated Hoover and Stacy submitted the high bid in the amount of $513.00 per net mineral
acre. As the second highest bidder, Verne Dwyer was given the opportunity to participate in the oral
auction; however, he declined to raise his bid. Commissioner Garcia moved to approve the high bid
from Hoover and Stacy, in the amount of $513.00 per net mineral acre. Seconded by Commissioner
Conway, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S33, T9N, R65W: Ms. Connolly
stated Bold Resources, LLC, submitted the high bid in the amount $302.00 per net mineral acre. As
the second highest bidder, Verne Dwyer was given the opportunity to participate in the oral auction;
however, he declined to raise his bid. Commissioner Kirkmeyer moved to approve the high bid from
Bold Resources, LLC, in the amount of $302.00 per net mineral acre. Seconded by Commissioner
Conway, the motion carried unanimously.
CODUCT ORAL AUCTION FOR OIL AND GAS LEASE - W1/2 SE1/4, S28, T11N, R65W: With the
two (2) highest bidders participating in the auction, Eagle Land Services raised its amount to $875.00
per net mineral acre, at which time Apollo Operating, LLC, declined to bid. Commissioner Kirkmeyer
moved to approve the high bid from Eagle Land Services, in the amount of $875.00 per net mineral
acre. Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MELODY HOMES, INC., C/O
GMA TAX DEPARTMENT: Christopher Woodruff, Assessor, stated this property was valued correctly;
however, it was not assessed correctly for Tax Year 2009; it is a residence which was incorrectly
classified as a commercial property, which resulted in the property being assessed at an incorrect rate.
Mr. Woodruff recommended a tax abatement be granted in the amount of $4,355.20. Commissioner
Conway moved to approve said refund, in the amount of $4,355.20, based on staff's recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 54 AND 56: Janet Carter,
Department of Public Works, stated said closure will commence May 10, 2010, through May 20, 2010,
in order to complete shoulder and ditch improvements. Ms. Carter stated the average daily traffic count
for County Road 13 is 150 vehicles, based on a count conducted in the year 2008. She stated
magnesium chloride will be utilized for dust abatement on the gravel portions of the detour route, and
road signs and barricades will be utilized to advise drivers of the closure. In response to Chair
Rademacher, Ms. Carter stated the road needs to be closed to conduct these improvements due to the
width of the road, which is too narrow to close only one lane of traffic. Commissioner Long moved to
Minutes, May 3, 2010 2010-0928
Page 4 BC0016
approve said temporary closure. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 27 AND 29: Ms. Carter stated said
closure will commence May 10, 2010, through May 13, 2010, in order to replace a culvert. She stated
magnesium chloride will be utilized for dust abatement for the gravel portions of the detour route, and
the average daily traffic count for County Road 74 is 3,205 vehicles, according to a traffic count
conducted in the year 2008. She stated road signs, message boards, and barricades will be utilized to
notify drivers of the closure. Commissioner Garcia moved to approve said temporary closure.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 49 AND
AUTHORIZE CHAIR TO SIGN - JOHN AND DEE SMITH: Leon Sievers, Department of Public Works,
stated this is the first of two parcels being acquired for the County Road 49 project, and the parcel is
located on the east side of County Road 49, at Weld County Road 24.25. He stated the County is
acquiring 0.69 acres of temporary easement for $300.00, which is the minimum amount the County
pays for a temporary easement, plus the County is reimbursing the property owner $200.00 for crop
damage, for a total compensation of $500.00. In response to Commissioner Kirkmeyer, Mr. Sievers
stated the crop being damaged is a hay field, and there is not a fence located where the construction
will occur. Commissioner Garcia moved to approve said temporary construction easement and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - ATMOS ENERGY CORPORATION: Bruce Barker, County Attorney, stated he discussed
this lease agreement with the Board last week and he recommends approval. Commissioner
Kirkmeyer moved to approve said lease agreement and authorize Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT OF TONYA DISNEY AS DEPUTY CLERK TO THE BOARD: In response
to Commissioner Kirkmeyer, Tonya Disney stated she is from the State of Colorado and has worked in
banking for 14 years. Commissioner Long moved to appoint Tonya Disney as a Deputy Clerk to the
Board of County Commissioners. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER CANCELLATION OF MEETING SCHEDULED FOR JUNE 2, 2010: Chair Rademacher
stated the Board meeting will be cancelled on June 2, 2010, in order for the Commissioners to attend
the CCI Conference. Commissioner Kirkmeyer moved to cancel the Board of County Commissioners
meeting scheduled for June 2, 2010. Seconded by Commissioner Conway, the motion carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (ON-SITE ONLY), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW, SPR #428 - HOAD, INC.: Michelle Martin, Department of
Planning Services, stated a performance bond, in the amount of$271,161.00, has been submitted, and
Site Plan Review #428 was conditionally approved by the Department of Planning Services on Feb 24,
2009, for sand blasting, a paint booth, outdoor storage, parking of equipment, and fabrication of
material. Ms. Martin stated the County Attorney's Office, and the Departments of Public Works and
Planning Services have determined the collateral amount is sufficient to complete the on-site
improvements.
Minutes, May 3, 2010 2010-0928
Page 5 BC0016
Rich Hastings, Department of Public Works, stated there is an existing functional regional drainage
pond in place; however, there will be some paving with recycled asphalt pavement (RAP) and other
improvements made to the entrance. Chair Rademacher inquired as to whether there is an issue with
water being dumped into an adjacent irrigation ditch. Mr. Hastings stated he is unsure as to whether
there is an issue with an irrigation ditch; however, he is aware the site has connected to a storm drain
which empties into the regional pond, which is the only drainage he is aware of. Commissioner Garcia
moved to approve said agreement, authorize the Chair to sign, and accept said collateral for Site Plan
Review (SPR) #428. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ZONING PERMIT FOR A COMMERCIAL VEHICLE, ZPCV #0060 - MARLON OGDEN
AND SHEILA ENGLISH-OGDEN: Ann Siron, Department of Planning Services, stated she is
presenting this application for a Zoning Permit for a Commercial Vehicle (ZPCV) in a subdivision within
the Agricultural (A) Zone District, for Wendi Inloes, Department of Planning Services, since Ms. Inloes
is unable to be here. Ms. Siron stated the property is located within Indian Hills subdivision and it is
surrounded by the City of Evans, Hill-N-Park subdivision, and other nearby subdivisions, and the
property accesses are located on 49th Street and 54th Avenue. She stated this matter is being
presented to the Board because 50 percent of the surrounding property owners are in opposition to the
request, and staff recommends denial of the application, based on the lot sizes within the subdivision
and concerns regarding the health, safety, and welfare of the citizens, as well as concerns about
potential damage to the roads. She stated the City of Evans recommends denial, since there is a
perceived compatibility issue. Ms. Siron stated staff has submitted its recommended Conditions of
Approval for the Board to consider, if the Board decides to approve the application. She stated the
commercial vehicle is parked between the residence and the garage. In response to Chair
Rademacher, Ms. Siron stated she does not have a photograph of the commercial vehicle. In response
to Commissioner Long, Ms. Siron clarified the property is located south of Hill-N-Park subdivision.
Sheila English-Ogden, property owner, submitted a packet into the record, marked Exhibit A, and she
stated she and her husband have lived in the Indian Hills subdivision for 26 years, and they have
submitted an application to park a commercial vehicle on their property, which is a Peterbilt tractor that
was manufactured in the year 2007. Ms. English-Odgen stated her husband is the tractor's only
operator, and none of the maintenance on the tractor will be completed at their residence; all
maintenance will be completed at Rush Peterbilt and all the tire maintenance will be completed by
Wingfoot Tire Center. She stated she and her husband also own a tanker trailer which hauls refined
petroleum, gasoline, diesel fuel, and ethanol, and the trailer is pulled by the tractor. She further stated
the tanker trailer is not parked on the property often and when it is parked on the premises, it is always
empty, since she and her husband do not want the liability of having a full trailer parked on the property;
however, they do have $6,000,000.00 worth of insurance through their company, Superior Transport,
and another $1,000,000.00 worth of personal insurance. Ms. English-Odgen stated Exhibit A includes
copies of all the permits her husband has obtained in order to be in compliance with all the Federal and
State requirements. She further stated her husband does not operate the business out of their home;
the business is located at 625 West Platte Avenue in Fort Morgan, Colorado, and the application is to
park one (1) tractor at their home; not the entire fleet of Superior Transportation.
Ms. English-Ogden stated she received written statements from neighbors who are contesting the
application and she would like to address their concerns. She stated the first neighbor who expressed
opposition is Jana Price, who lives to the south of the property and has lived there for more than 30
years. She stated Ms. Price indicates that she opposes any commercial business in the subdivision;
however, there is a commercial landscaping business, Merritt Maintenance, which was constructed
adjacent to her property several years ago, and Ms. Price did not contest it.
Ms. English-Ogden stated the next neighbor who is contesting the application is Connie Rhodes, who
lives across the road from them and has lived there for 20 years, and Ms. Rhodes indicated she objects
Minutes, May 3, 2010 2010-0928
Page 6 BC0016
to the application because the area is agricultural and not commercial; however, they are not
requesting to run a commercial business in the neighborhood; they are requesting to park one (1)
commercial vehicle on the property. She stated Ms. Rhodes has a commercial gooseneck trailer on
her property, in order to haul concrete forms, and there is a commercial business, Circle B Concrete,
which backs up to Ms. Rhodes property and she did not contest it.
Ms. English-Odgen stated Stanley and Peggy Campbell, who live across the street from them and have
lived on the property for more than thirty years, are contesting the application and they indicated their
concern is that the property remains residential. Ms. English-Ogden stated there are two commercial
businesses bordering the Campbells on the east, which the Campbells contested, and Ms. English-
Odgen and her husband also contested those businesses.
Ms. English-Odgen stated David and Anita Harris, who have lived in the subdivision for more than 30
years, are contesting the application; however, they did not contest two (2) large businesses which
have been located on the property between the Harris' and the Odgens' properties. She stated she
and her husband contested those businesses because the businesses would have created a high
volume of traffic and caused deterioration of the property. Ms. English-Odgen stated her husband's
tractor will only enter and exit the property once each day, at most, and some days it will not be
removed from the property. She stated her husband is the only operator of the tractor and he never
exceeds five (5) miles per hour; therefore, the tractor will not cause damage to the roads, nor be a
danger to the surrounding public. She stated when she became aware a County permit was
necessary, she submitted the application. Ms. English-Odgen stated the only reason the roads in the
area have been impassable is when it rains, the rainwater from the Harris' property flows onto the road
and in front of the Odgens' driveway, since the water has been forced to drain in this direction.
Ms. English-Ogden stated Alan and Valerie Hubert live on the next road to the west from her property
and they indicated they want the area to remain zoned A (Agricultural), and Ms. English-Ogden
reiterated she and her husband are not requesting a change of zone. She stated Mr. Hubert boards
horses at his residence, which creates more vehicle traffic than the Ogdens' property, and the Huberts
also have more than the allowed number of livestock on their property.
Ms. English-Odgen stated Gary Wiedeman, surrounding property owner, indicated he is concerned the
tractor will cause dust and noise; however, her husband has been parking the tractor there for ten (10)
years and nobody expressed concerns about it until he applied for the permit. She further stated that
Mr. Wiedeman owns a dairy approximately one (1) mile to the west of her property and trucks arrive to
pick up milk from the property several times each day.
Ms. English-Odgen stated Mary Hubert, surrounding property owner, indicated the property is not to be
utilized for commercial purposes; however, she operates a pet grooming business from her home and
she owns a commercial vehicle.
Ms. English-Odgen stated Bill and Sherry Carmin, surrounding property owners, indicated they are
concerned since the vehicle transports flammable, hazardous products; however, it is the tractor which
is parked on the property regularly, the trailer is not frequently parked on the property, and the trailer is
always empty when it is parked on the property. Ms. English-Ogden stated the Carmins expressed
concerns about leakage from the connectors or seams occurring; however, there has been no leakage
from the trailer and it is in full compliance with Federal, State, and local annual testing for leakage and
vapors. She stated the tractor and trailer are approved for transit in the state of California, which has
the toughest EPA standards in the nation, and the Carmins expressed a concern about the tractor
being parked on an incline; however, it is never parked on an incline. She further stated the Carmins
indicated they are concerned regarding fire safety; however, the Carmins backyard salvage poses the
greatest fire hazard in the neighborhood. Ms. English-Odgen thanked the Board for allowing her to
Minutes, May 3, 2010 2010-0928
Page 7 BC0016
speak, and she stated there seems to be a great deal of ignorance in her neighborhood regarding the
zoning rules and regulations. She stated her husband is willing to never park the trailer on the property,
if he is able to park the tractor on the property.
In response to Commissioner Conway, Marlon Odgen, property owner, stated the trailer is parked on
the property approximately once a month, on occasions when he is returning late at night, and then he
leaves in the morning at 3:00 a.m., before the neighbors are awake. Mr. Odgen stated he travels
slowly and the tractor is no louder than a diesel pick-up. In response to Chair Rademacher,
Ms. English-Odgen stated there is no Home Owner's Association (HOA) in place for the subdivision. In
response to Commissioner Kirkmeyer, Ms. Siron stated there were no formal complaints submitted
regarding this property or the tractor.
Ms. Campbell stated she has lived on her property for 35 years and she has testified before the Board
on many occasions, in order to fight to keep business traffic out of her neighborhood. Ms. Campbell
stated she recently opposed the property next door to the Odgens regarding commercial trucks. She
stated the neighborhood is a family oriented residential area with A (Agricultural) zoning, and it is rare
to find small acreages which are able to contain livestock, which is a major selling point for the homes
in the neighborhood. She clarified the landscaping and concrete businesses which Ms. English-Odgen
mentioned are not located within the Indian Hills subdivision parameters and although residents of the
subdivision opposed those businesses, the businesses were allowed since the businesses are outside
of the subdivision. Ms. Campbell inquired as to whether the proposed change in zoning will affect her
ability to sell her property as A (Agricultural). Chair Rademacher stated Ms. Campbell's property
zoning will not change. Commissioner Kirkmeyer clarified that a change of zone is not being proposed
to the Board; therefore, the zoning for the property will remain A (Agricultural). She stated what the
Board is considering today is granting a permit for a commercial vehicle. Ms. Campbell stated when
she opposed a previous situation with a neighbor, the Board cited the surrounding electronics and
landscaping companies as examples of what the future will bring; that more people will be working from
their homes. She stated the electronics and landscaping businesses are not within the Indian Hills
subdivision, nor is the Weideman's dairy, and she does not want to allow any exceptions to the zoning
within the subdivision which may be cited as examples of businesses which have been allowed when
residents oppose future business operations within the subdivision. In response to Commissioner
Kirkmeyer, Ms. Campbell stated her property is directly across the street from the Odgens.
Ms. English-Odgen stated the concrete business is within the buffer zone, and although the
landscaping business may not be within the subdivision, its vehicles utilize the roads within the
subdivision. Ms. Campbell stated many people who do not reside within the subdivision utilize its
roads. Chair Rademacher concurred with Ms. Campbell and stated the roads being utilized by the
landscaping business are public roads.
Ms. Price stated she is a retired safety engineer and her only concern is the contents being hauled in
the trailer. In response to Commissioner Conway, Ms. Price confirmed she does not have an issue with
the tractor; only the trailer. Ms. Price stated the trailer is a safety hazard and it should not be in a
residential area.
Ms. Carmin stated she has major concerns regarding the permit application. She stated the applicants
indicated the trailer is only parked on the property once a month; however, it is parked on the property
at least once a week, and the gasoline fumes remain in the trailer even when it has been emptied. She
stated she is also concerned because gasoline is hazardous to wildlife, people, water, and soil, and
gasoline is flammable. Ms. Carmin stated Ms. English-Odgen indicated her property contains
hazardous items; however, she has scheduled a 30-yard dumpster to be delivered on Friday, and the
materials Ms. English-Ogden was concerned about will be removed within 30 days. She stated she
does not have an issue with the tractor; her issues are all concerning the trailer. She further stated the
tractor and trailer leave ruts in 46th Avenue, which she has observed when driving behind the trailer.
Minutes, May 3, 2010 2010-0928
Page 8 BC0016
Ms. Carmin stated she does not operate a commercial business from her property; both she and her
husband work outside the home.
Mr. Harris stated he has observed the trailer is often parked on the property in the afternoons, in
addition to the evenings. He stated the tractor is often unhooked from the trailer; therefore, if a fire
occurs on the property, it will be difficult to quickly remove the trailer from the property. He stated the
Odgens frequently complain about the run-off water from his property flowing onto their property;
however, the water remains on the County road and it does not travel on the Odgens' property.
Mr. Harris stated the run-off is not irrigation water; it is rain water, which he cannot control. In response
to Commissioner Conway, Mr. Harris stated he is not concerned about the tractor; only the trailer.
Pamela Anders, Indian Hills resident, stated she has lived in the subdivision for 35 years, and the
Odgens only want to park the tractor on the property, which does not cause any more damage to the
roads than is created by anyone else. Ms. Anders stated she does not see a problem with the Odgens
parking the tractor on the property.
Mr. Odgen stated the tractor is a brand new tractor and it does not release any emissions; it meets the
Environmental Protection Agency (EPA) standards for the State of California, which has the strictest
standards within the United States. He stated that he understands why some of his neighbors have
issues with parking the trailer on the property; however, he has provided copies of the inspection
reports, within Exhibit A, and the testing includes testing for vapors inside and outside of the trailer. He
stated he is willing to not park the trailer on the property; however, he wants to be able to park the
tractor on the property. Mr. Odgen stated he has a photograph on his cellular phone of a trailer which
is the same model as the trailer he owns and the trailer in the photograph is upside down on Loveland
Pass; however, the trailer did not spill a drop of gasoline. He stated that his neighbors have a
300-gallon barrel of gasoline, which is just as hazardous as his trailer.
Commissioner Garcia thanked all those who attended the meeting to testify. He stated that based on
the testimony and evidence submitted, he has determined that Mr. Odgen has everything in place in
order to be a safe operator, and he appreciates his efforts to not disturb the community. He stated that
he also appreciates the neighbors' concerns about the subdivision becoming a commercial area.
Commissioner Garcia stated he is willing to approve the permit for the tractor. In response to Chair
Rademacher, Commissioner Long stated he does not see a problem with approving the trailer, in
addition to the tractor, as long as it does not contain hazardous contents. Commissioner Conway
stated he appreciates the Ogdens' willingness to not park the trailer on the property and he appreciates
the neat condition of the property, as shown in the photographs. He stated he also appreciates the
neighbors' concerns about the trailer, he is willing to approve the tractor, and he would be willing to
approve the trailer if its contents were not hazardous. Commissioner Kirkmeyer stated approximately
half of the neighbors are opposed to the permit, and approximately half of the neighbors are in favor of
it. She stated parking commercial vehicles is allowed in the A (Agricultural) Zone District, as long as
the vehicles are permitted. She stated that she does not normally vote in favor of allowing commercial
vehicles in a residential neighborhood; however, this situation is different because the property owners
are willing to compromise by not parking the trailer on the property, and conditions can be placed on
the permit, which will mitigate the perceived impacts on the surrounding property owners.
Commissioner Kirkmeyer concurred with Commissioner Long that if the trailer contains hazardous
materials or flammable contents, it should not be stored on the property. She further stated Mr. Odgen
should be required to maintain the emissions permits for the tractor, and she clarified that the State of
Colorado has the same EPA standards as the State of California. She stated Mr. Odgen should also
park the tractor out of view from the neighbors. Commissioner Kirkmeyer stated she does not want this
case to set a standard for commercial vehicles in residential areas; however, these matters will be
reviewed on a case-by-case basis. She stated it is unfortunate that this situation has created a rift in
the neighborhood, and she hopes the residents are able to resolve it. Chair Rademacher stated he
Minutes, May 3, 2010 2010-0928
Page 9 BC0016
owns several commercial vehicles; however, this is a residential neighborhood and he is not willing to
establish a precedent. In response to Commissioner Conway, Mr. Barker stated this does not set a
precedent; however, it does raise the question of fairness when considering a similar request or the
same area in the future. In response to Commissioner Garcia, Mr. Barker stated staff has proposed
six (6) Conditions and they are subject to revision, if that is the will of the Board. Commissioner Garcia
suggested the addition of language stating no parking of trailers that are hauling hazardous materials
will be allowed. Responding to Chair Rademacher, Commissioner Garcia confirmed the intent is that if
the property owners change the contents of what they haul to non-hazardous materials, then the trailer
will be allowed on the property. In response to Commissioner Kirkmeyer, Ms. Siron stated she is not
familiar with the history of the subdivision. Mr. Ogden stated there are no children currently residing in
the neighborhood; however, the school bus pickup is located along 49th Street. The Board reviewed
the vicinity map. Commissioner Garcia stated he appreciates Commissioner Long's intent regarding
the trailer being allowed if it hauls non-hazardous materials; however, he has decided he will not
support allowing the trailer to be located on the property. Commissioner Long stated he is not opposed
to only allowing the tractor on the property. Commissioner Garcia moved to add a condition to limit the
permit to only allow the tractor. Mr. Barker suggested the Board add the following language as number
seven (7), under Conditions, in the Resolution: "The term 'commercial vehicle', as used herein, shall be
limited to one semi-tractor only." Commissioner Garcia moved to add Condition #7, with the language
suggested by Mr. Barker. Commissioner Long seconded the motion. In response to Chair
Rademacher, Ms. English-Odgen indicated she and her husband understand all of the Conditions, as
presented and modified. In response to Mr. Ogden, Commissioner Kirkmeyer stated property owners
who own more than 80 acres in the A (Agricultural) Zone District are allowed to park this type of
equipment on the properties. Upon a roll call vote, the motion to amend the Conditions of the
Resolution passed three (3) to two (2), with Chair Rademacher and Commissioner Kirkmeyer opposed.
Commissioner Garcia moved to approve Zoning Permit for a Commercial Vehicle (ZPCV) #0060, with
the addition of Condition #7. The motion was seconded by Commissioner Conway, and he clarified the
Board is allowing the Odgens to park their current semi-tractor on the property; however, the permit
may not be transferred, along with all the other Conditions. Commissioner Kirkmeyer stated she will
vote against the motion because granting the permit will have current and future impacts on the
surrounding properties and she does not want to set a precedent for allowing commercial vehicles in
what appears to be a residential neighborhood, even though the area is zoned A (Agricultural). Chair
Rademacher expressed concern about the neighborhood relationships and he stated the Board may
see a number of the neighborhood property owners in violation hearings, since the photographs the
Odgens' submitted illustrated many properties which are out of compliance within the subdivision.
Commissioner Long stated this property is zoned A (Agricultural), which allows the property owners to
park this type of commercial vehicle on the property, with a permit; therefore, he will support the
request. Chair Rademacher stated even though the property is zoned A (Agricultural), it is still within a
residential subdivision. Upon a roll call vote, the motion carried three (3) to two (2), with Chair
Rademacher and 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.
Minutes, May 3, 2010 2010-0928
Page 10 BC0016
There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
5. / /I �_
ATTEST: -5.044.—c-7.—
✓���. -s Rade acher hair
Weld County Clerk to the Board ,o ( .a �
;y
()ate -i ' arbara Kirkmeye , Pro-Tem
BY: i' If'Ell c, '
De.u, Cler the Board -
Sean P.K nway
C )
WY
Willia� arcia
P
rttp)/
Uavi t. ong
Minutes, May 3, 2010 2010-0928
Page 11 BC0016
Hello