HomeMy WebLinkAbout20250576.tiffRecord of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Monday, March 3, 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, March 3, 2025, at the hour
of 9:00 a.m.
Ei 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 — Excused
Commissioner Jason S. Maxey
Commissioner Lynette Peppier
Commissioner Kevin D. Ross — Excused
Also present:
Acting Clerk to the Board, Houstan Aragon
County Attorney, Bruce Barker
Controller, Rusty Williams
Amendments to Agenda: There were no amendments to the Agenda.
Consent Agenda: Bruce Barker, County Attorney, stated staff from the Department
of Planning Services recommendation is to remove the below listed item, which is listed
under `Consent Agenda — Miscellaneous', to allow for discussion. Commissioner Peppler
moved to remove said item from the Consent Agenda. Commissioner Maxey seconded
the motion and it carried unanimously. (Clerk's Note: Please see below New Business —
General item of Business #1 for motion to approve the Consent Agenda, as amended.)
1. 2025-0565: Partial Vacation, VAC24-0028, of Two -Lot Recorded Exemption,
RECX20-0063, for Removal of Lot B — Justus and Debra Pettit
Warrants:
1. General Warrants — February 26, 27, and 28, 2025: Commissioner Maxey moved
to approve the General Warrants, as printed. Commissioner Peppler seconded the
motion and it carried unanimously.
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Bids:
1. Present Bid #B2500014, Multi -Jurisdictional Hazard Mitigation Plan Update —
Office of Emergency Management: Toby Taylor, Purchasing Department, stated
three (3) bids were received and staff will make a recommendation on March 17,
2025.
2. a Present Bid #62500017, Erosion Control and Revegetation Services —
Department of Public Works: Mr. Taylor stated seven (7) bids were received and
staff will make a recommendation on March 17, 2025.
3. a Present Bid #B2500022, Boiler and Piping Replacement for Alternative
Programs Building — Facilities Department: Mr. Taylor stated three (3) bids were
received and staff will make a recommendation on March 17, 2025.
New Business — General:
1. Consider Amendment #6 to Agreement for Services for Motor Vehicle Self -
Service Kiosks and Authorize Chair to Sign — Intellectual Technology, Inc.:
Rudy Santos, Chief Deputy Clerk and Recorder, stated the amendment allows for
updated software to be implemented for the credit card readers at the three (3)
kiosks inside King Soopers grocery stores currently in the City of Greeley and Town
of Firestone. He detailed the upgrades will include "Tap -To -Pay and Apple, Google,
and Samsung Pay." Commissioner Maxey moved to approve said amendment and
authorize the Chair to sign. The motion was seconded by Commissioner Peppier
and it carried unanimously.
(Clerk's Note: Upon inquiry by Mr. Barker, Commissioner Maxey moved to approve
the Consent Agenda, as amended. The motion was seconded by
Commissioner Peppler, and it carried unanimously.)
2. Consider Contract ID #9136 Memorandum of Agreement to Purchase
Property Interest for Right -of -Way Acquisition for County Roads 13 and 54
Intersection Roundabout Project (Northwest Corner) and Authorize Chair to
Sign — Loveland Ready -Mix Concrete, Inc.: Clay Kimmi, Department of Public
Works, stated the memorandum of agreement (MOA) allows Weld County to
purchase property right-of-way (ROW) from Loveland Ready -Mix Concrete, Inc.,
for the County Roads (CR) 13 and 54 Intersection Roundabout Project, which is
located on the border between Weld and Larimer Counties. He explained, due to
the ROW being located in Larimer County, the resulting Deed of Dedication will be
in their name. Mr. Kimmi indicated the cost for said purchase, is in the amount of
$512,277.50, plus closing costs, which is unknown at this time, but he estimated it
will be $1,000.00 to $2,000.00. Commissioner Maxey moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Peppler and it carried unanimously.
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3. El Consider Contract ID #9146 Memorandum of Agreement to Purchase
Property Interest for Right -of -Way Acquisition for County Roads 13 and 54
Intersection Roundabout Project (Southwest Corner) and Authorize Chair to
Sign — Loveland Ready -Mix Concrete, Inc.: Mr. Kimmi stated the agreement is
to purchase property ROW for the same project with the same property owner as
the previous item of business, which is also located on the Larimer County side of
the intersection. He indicated the cost for said purchase, is in the amount of
$458,886.00, plus closing costs. Commissioner Maxey moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Peppler and it carried unanimously.
4. IR Consider Contract ID #9151 Memorandum of Agreement to Purchase
Property Interest for Right -of -Way Acquisition for County Roads 13 and 54
Intersection Roundabout Project (Northeast Corner) and Authorize Chair to
Sign — Croissant Family Farms, LLC: Mr. Kimmi stated the agreement is to
purchase property ROW for the same project, but is a much smaller parcel of land
for a temporary and permanent easement on behalf of Public Service Company of
Colorado, dba Xcel Energy. He indicated the cost for said purchase is in the
amount of $5,547.31, and clarified the edits have been crossed out and initialed
by the various parties, as requested by the Colorado Department of Transportation
(CDOT). Commissioner Peppier moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner Maxey and it carried
unanimously.
5. 1E1 Consider Three (3) Party Tender Agreement and Full Release Between
Surety Company and Obligee for Law Administration Elevator Modernization
Project, and Authorize Chair to Sign — DZMod Lift Company, and Capitol
Indemnity Corporation: Bruce Barker, County Attorney, stated this and the
following item of business are connected, with the only differences being one
project is for multiple elevators located in the Law Administration building, and the
other is for an elevator located in the Weld County Jail. He explained the company
awarded to perform said projects, Peak Elevator, LLC, has abandoned the projects
and is in breach of the contracts. As a result, the County has pursued the Surety
Bonds on each project provided by Capital Indemnity Corporation, which has
arranged with DZMod Lift Company to complete said projects.
Commissioner Maxey moved to approve said agreement and authorize the Chair
to sign. The motion, which was seconded by Commissioner Peppier, carried
unanimously.
6. Ci Consider Three (3) Party Tender Agreement and Full Release Between
Surety Company and Obligee for Jail Elevator Modernization Project, and
Authorize Chair to Sign — DZMod Lift Company, and Capitol Indemnity
Corporation: Based on the explanation provided by Mr. Barker in the previous
item, Commissioner Maxey moved to approve said agreement and authorize the
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Chair to sign. The motion, which was seconded by Commissioner Peppier, carried
unanimously.
irm
7. PA Consider Appointment to Workforce Development Board:
Commissioner Maxey moved to approve said appointment. The motion was
seconded by Commissioner Peppier, and it carried unanimously.
El New Business — Planning:
1. Consider Application for Small Business Incentive Program and Authorize
Release of Economic Development Trust Funds (Tier I) — Anderson Baseball
Academy, LLC, c/o Mike Anderson: Maxwell Nader, Department of Planning
Services, stated the department received an application for the Small Business
Incentive Program, and staff confirmed it meets the qualifications for the Tier I fund.
He gave an overview of the business operation and location pursuant to
ZPAG23-0012, which was approved on October 23, 2024. In response to
Commissioner Maxey, Mr. Nader broke down the fees which come to $10,369.21,
but clarified the applicant paid $2,500.00 upfront; therefore, staff's request for
release from the Economic Development Trust Fund, is for the total amount of
$7,869.21, to reimburse the applicant. Commissioner Maxey moved to approve
said application and authorize the release of economic development trust funds.
The motion was seconded by Commissioner Peppier, and it carried unanimously.
Mike Anderson, applicant, was present and thanked the Board for the opportunity
to operate business in Weld County, and for the reimbursement.
2. Consider Partial Vacation, VAC24-0028, of Two -Lot Recorded Exemption,
RECX20-0063, for Removal of Lot B — Justus and Debra Pettit: Lindsey Oliver,
Department of Planning Services, requested the partial vacation of Recorded
Exemption, RECX20-0063, for the removal of Lot B, on behalf of the property
owners, Justus and Debra Pettit. She indicated approval would result in an
approximate 146 -acre unplatted parcel and gave a brief overview of the property
location. Ms. Oliver noted that Lot A is not part of the consideration and easements
are not impacted. In response to Commissioner Maxey, Ms. Oliver confirmed the
actions requested. She recalled the request was heard on January 26, 2025, and
continued to today, due to access concerns from John Grashorn, property owner
of Lot A, for his residential access should this action be approved. After further
investigation, Ms. Oliver stated the original recorded plat for RECX20-0063,
stipulated the access in question was to be closed and reclaimed as a Condition
of Approval (COA); however, based on a recent site inspection it was confirmed
the closure and reclamation never occurred. She indicated staff's recommendation
is to approve said request with a COA added for the access point onto County
Road (CR) 29, in -fact, be closed and reclaimed due to the safety requirements for
an arterial road and for compliance with Section 8-14-31.1 of the Weld County
Code. In response to Commissioner Maxey, Ms. Oliver confirmed Mr. Grashorn
has a secondary direct access to his residence off CR 88, thus, the County is
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fulfilling the requirement for one (1) access for Lot A. Justus Pettit, applicant and
property owner of Lot B, was present and expressed his concerns for the closure
of the access point from CR 29, which he uses to access the irrigation pond. He
indicated, although he too has another access, it is marshy during a portion of the
year making it impossible to traverse for access to said pond. Commissioner
Maxey commented the request of Mr. Pettit is at odds with staff. After discussion,
Dawn Anderson, alongside Dan Campbell, Department of Planning Services, and
Mr. Nader, reiterated the original plat from 2020 was approved contingent upon
said closure and the plat itself indicates the stipulated COA. After further
discussion, it was determined to move forward with the approval of the Partial
Vacation with the stated COA and the understanding that staff will continue to work
with Mr. Pettit to providing a new access further south on CR 29 that will
accommodate access to the irrigation pond and meet requirement for County
Code, if possible. There being no further discussion, Commissioner Maxey moved
to approve said Partial Vacation , with the Condition of Approval, per staff's request.
The motion was seconded by Commissioner Peppler, and it carried unanimously.
1g Public Comment: No Public Comment was offered.
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 9:48 a.m.
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
17th day of March, 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
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ATTENDANCE LIST
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