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HomeMy WebLinkAbout20252733.tiffRecord of Proceedings Minutes Board of County Commissioners Weld County, Colorado Monday, October 6, 2025 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, October 6, 2025, at the hour of 9:00 a.m. (Clerk's Note: The audio was not captured for the record, inadvertently, until Amendments to Agenda, and the volume of the recording afterward is soft.) 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 Perry L. Buck, Chair Commissioner Scott K. James, Pro-Tem Commissioner Jason S. Maxey Commissioner Lynette Peppier Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Houstan Aragon County Attorney, Bruce Barker Controller, Rusty Williams Minutes: Commissioner Ross moved to approve the below listed Minutes of the Board of County Commissioners meeting, as printed. Commissioner Peppier seconded the motion and it carried unanimously. 1. Minutes from September 22, 2025 Read Ordinances by Audio: Commissioner James moved to read the below listed Code Ordinance by audio. The motion was seconded by Commissioner Ross and it carried unanimously. 1. Code Ordinance #2025-11 Amendments to Agenda: There were no amendments to the Agenda. Consent Agenda: Commissioner Maxey moved to approve the Consent Agenda, as printed. Commissioner James seconded the motion and it carried unanimously. 2025-2733 BC0016 Page 2 Monday, October 6, 2025 www.weld.gov Warrants: 1. General Warrants: Commissioner Ross moved to approve the General Warrants, as printed. Commissioner Peppier seconded the motion and it carried unanimously. Bids: 1. Approve Bid #62500114, Weld County North Jail Unit 24 Renovation — Facilities Department: Toby Taylor, Purchasing Department, stated staff recommends selecting the lowest bidder who met specifications, KR Construction Group, Inc., for a total amount of $694,050.85. Commissioner Maxey moved to approve said bid. The motion was seconded by Commissioner Ross and it carried unanimously. New Business — General: 1. Consider Contract ID #9971 Non -Binding Subrecipient Letter of Intent in Collaboration with CoNECTR Research Program at Anschutz Medical Campus Concerning Request for Application (RFA) #48964768 for Tobacco Education, Prevention, and Cessation Grant Program (STEPP), and Authorize Chair to Sign — Regents of University of Colorado: Jason Chessher, Director of the Department of Public Health and Environment, explained the University of Colorado (CU) intends on applying for tobacco prevention and cessation grant funding targeted at college students. He further explained the County already has been awarded a small grant for tobacco prevention and cessation from the state for advertisement in Weld County; therefore, the CoNECTR Research Program at Anschutz Medical Campus requested for the County to be a sub -recipient should CU be awarded to funnel additional monies through the existing program in Weld County for their advertisement. Mr. Chessher stated the funding would support one (1) full-time equivalent over the course of the three (3) year period, and indicated staff recommends approval. Commissioner James moved to approve said subrecipient letter of intent and authorize the Chair to sign. The motion was seconded by Commissioner Ross and it carried unanimously. 2. Consider Temporary Closure of County Road 396 Between Two Rivers Parkway and 54th Street Road: Amy Mutchie, Department of Public Works, presented the closure on behalf of Martin Marietta Materials, Inc., and Raptor Materials, LLC, which is requested to begin October 15, 2025, and go through December 19, 2025, for roadway improvements. She stated the closure has been coordinated with the City of Evans, residents who are impacted have been notified, variable message boards will be used, and local traffic will be accommodated, as needed. Commissioner Maxey moved to approve said temporary closure. The motion was seconded by Commissioner Peppier and it carried unanimously. 2025-2733 BC0016 Page 3 Monday, October 6, 2025 www.weld.gov New Business — Ordinances: 1. First Reading of Code Ordinance #2025-11, In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code (Miscellaneous — Continued from 9/15/2025): Maxwell Nader, Department of Planning Services, stated the First Reading was continued from September 15, 2025, to allow staff to host a community townhall meeting at the Southwest Service Center on September 22, 2025, to allow concerned residents to further express their apprehensions regarding the proposed changes and how they may impact their property and way of life. In addition, Jim Flesher, Department of Planning Services, confirmed a work session with the Board on September 29, 2025, was held to discuss results of said townhall meeting. He reviewed the proposed changes to the definitions of heavy vehicles and semi-truck/trailers, trucking and transportation companies, and home businesses limitations, as well as miscellaneous uses and housekeeping updates of Chapter 23 Zoning, of the Weld County Code, and stated staff recommends approval. Audrey Ingram, Weld County resident, expressed her concerns for the proposed changes and the negative impacts that will affect her property and neighborhood. Michael O'Brien, Weld County resident, expressed his opposition to the proposed changes that will affect the Residential (R-1) Zone District. He further stated there are already procedures in place to obtain a business permit and Change of Zone to operate said businesses, if desired, and inquired as to the purpose of changing the Code for essentially the same purpose but making it easier for businesses to make a profit at the expense of the neighbors' property value and way of life. He urged the Board to keep the current regulations in place. Craig Ingram, Weld County resident, expressed his concerns and stated he is in opposition to the proposed changes that would negatively impact his home and way of life. In response to Commissioner Ross, Mr. Ingram confirmed there is no Metropolitan District or Home Owners' Association (HOA) that has a role as a governing body in addition to the County. In response to Commissioner Maxey, Mr. Ingram confirmed his address for the record. Rod Ingram, Weld County resident, explained there is already a financial disadvantage to those who are residing in the area because of the commercial businesses affecting property values. He explained his appeal with the Assessor's Office for his assessed taxable property values for this year, which increased more than ten percent (10%). In response to Commissioner James, Mr. Ingram confirmed his property is zoned Residential/Agriculture. Grady Padgett, Weld County resident, expressed his concerns for the proposed changes and the negative impacts which will affect her property and neighborhood. 2025-2733 BC0016 Page 4 Monday, October 6, 2025 www.weld.gov Carri Reichert, Weld County resident, expressed her appreciation for the Townhall meeting that was held and for the refinement to the definitions for heavy and commercial vehicles, but encouraged further changes to lot size requirements and to the hours of operation for businesses. MaryRose Cullen, Weld County resident, thanked the Board and staff for the incorporated revisions, but noted there is more work that needs to be done. She explained, should the Board move forward to approve Ordinance #2025-11, she would like to see non-resident businesses be confined to inside the residence and not outside the home, and if these homes are not retrofitted for Americans with Disabilities Act (ADA) compliance, the County would be harboring violators, unless there is mandated stipulations and enforcement for changes to the structure of the home. Commissioners Maxey and Ross confirmed Code Ordinance #2024-18, approved on January 27, 2025, addressed the psylocibin (aka "magic mushrooms") mandates imposed by the State for their Licensed Natural Medicine Facilities, which the County only allows to operate in the Industrial (1-3) Zone District. Tony Galliano, Weld County resident, stated his understanding of the driving force behind the proposed Code changes is a result of not having enough Code Enforcement Officers to investigate complaints. He noted the County should employ more Code Enforcement Officers to enforce the existing code. Kelly Jorgenson, Weld County resident, further addressed the ADA compliance procedures as a small business owner in the Town of Mead. Commissioner Maxey clarified her understanding that the proposed changes only affect those residing in unincorporated Weld County, and in no way affects those residing in municipalities. In response to Commissioner James, Tom Potter, Building Plan Review Technician for the Department of Planning Services, clarified the County has not adopted the ADA compliance standards, but operates within the 2018 International Building Code (IBC) which does address aspects of ADA specifications. Commissioner Maxey and Mr. Nader engaged in open-ended dialog to address the misconceptions of a home being zoned A (Agricultural) but taxed as Residential, due to the use of the land, but there is not a Residential/Agriculture Zone District. After further discussion, Commissioner Ross moved to approve Code Ordinance #2025-11 on First Reading. The motion was seconded by Commissioner Maxey. Upon further discussion, Mr. Nader reminded the Board that the intension behind the proposal is to specifically address the enforcement complications that have been encountered and the Department of Planning Services cannot exclude the R-1 Zone District for the County as a whole to be universal in the enforcement. There being no further discussion, the motion carried unanimously. 2025-2733 BC0016 Page 5 Monday, October 6, 2025 www.weld.gov New Business — Planning: 1. Consider Findings and Order: Abatement of Nuisance Condition on Property and Authorize Abatement of Dangerous Building Located at 4223 Grand Teton Road, Greeley, Colorado 80634: Adria Schiel, Assistant County Attorney, alongside Cynthia Villanueva, Code Enforcement for the Department of Planning Services, addressed the various and lengthy concerns and violations that have been documented periodically since 2018. Ms. Schiel discussed the timelines associated to evidence of non-compliance, as reflected in photographs displayed by Ms. Villanueva. Ms. Schiel stated staff requests the Board Order the property owner, Steven Wood, to abate the property, including rid the property of all inhabitants residing in the dangerous shed structure, and rid the property of all trash within ten (10) days, or no later than October 16, 2025. Staff further requested, should the property owner not abate the property as ordered, to permit the County Attorney's Office to proceed with District Court proceedings to evict those residing at the property and take steps to abate the property on the property owner's behalf. Ms. Villanueva stated staff receives approximately three to five (3-5) complaints weekly, which is reflected in sixteen (16) pages of documentation. In response to Commissioner Maxey, Ms. Schiel clarified the approximate timelines to complete the court processes. The property owner, Steven Wood, was not present. Commissioner Ross moved to order Steven Wood to abate the nuisance condition on said property and authorize abatement of dangerous building located at 4223 Grand Teton Road, Greeley, Colorado 80634. Commissioner Maxey seconded the motion. In response to Commissioner James, Bruce Barker, County Attorney, confirmed a combined motion for the record will suffice to enact the respective Resolutions. There being no further discussion, the motion carried unanimously. Public Comment: 1. Rod Ingram, City of Longmont resident, offered his comments to the Board who referred him to staff with the Department of Planning Services. Let the Minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. There being no further business, this meeting was adjourned at 10:26 a.m. 2025-2733 BC0016 Page 6 Monday, October 6, 2025 www.weld.gov The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Minutes, on motion duly made and seconded, by the following vote on the 20th day of October, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Attest: Esther E. Gesick, Clerk to the Board 2025-2733 BC0016 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTOF YSPEAKING RESIDENCE (Y/N)? 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