HomeMy WebLinkAbout20252552.tiffRecord of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Monday, September 15, 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, September 15, 2025, 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 Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey — Excused
Commissioner Lynette Peppier
Commissioner Kevin D. Ross — Excused
Also present:
Acting Clerk to the Board, Houstan Aragon
County Attorney, Bruce Barker
Chief Financial Officer, Cheryl Pattelli
Read Ordinances by Audio: Commissioner James moved to read the below listed Code
Ordinance by audio. The motion was seconded by Commissioner Peppier and it carried
unanimously.
1. Code Ordinance #2025-11
Amendments to Agenda: There were no amendments to the Agenda.
Consent Agenda: Commissioner Peppier moved to approve the Consent Agenda, as
printed. Commissioner James seconded the motion and it carried unanimously.
Warrants:
1. General Warrants: Commissioner Peppler moved to approve the General
Warrants, as printed. Commissioner James seconded the motion and it carried
unanimously.
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New Business — General:
1. Consider Contract ID #9926 Group Insurance Plan Application for 2026
Employee -Paid Voluntary Benefit Plan and Authorize Chair to Sign —
The Guardian Life Insurance Company of America: Allison Palmer, Department
of Human Resources, stated staff recommends switching from Aflac to Guardian,
effective January 1, 2026, for voluntary employee -paid benefits, as the result of
the County's broker evaluating options. She explained the new company offers
lower cost premiums with enhanced benefits, and an annual Wellness Incentive
that provides an overall added value to employees at no additional cost to the
County. Commissioner James moved to approve said application and authorize
the Chair to sign. The motion was seconded by Commissioner Peppler and it
carried unanimously.
2. Consider Temporary Closure of County Road 51 Between State Highway 392
and County Road 70: Amy Mutchie, Department of Public Works, requested the
closure to begin October 2, 2025, and go through December 31, 2025, for a bridge
super structure replacement of the girders, deck, guardrails, and the final
reclamation of said bridge. She stated water will be used for dust control on the
gravel portion of the detour route and message boards will be placed in advance
of said closure. Commissioner Peppler moved to approve said temporary closure.
The motion was seconded by Commissioner James and it carried unanimously.
3. Consider Temporary Closure of County Road 51 Between State Highway 52
and Interstate 76: Ms. Mutchie presented the closure on behalf of J2 Contracting,
the LLA Metropolitan District, and the Town of Hudson, which is requested to begin
on September 22, 2025, and go through December 31, 2025. She explained the
project is for road construction and paving for a new industrial development for
portions already annexed by the Town of Hudson, between County Roads 14
and 16, along the 1-76 Frontage Road. She stated the detour route is paved, all
local business traffic will be maintained, and the closure does not impact the local
school district bus routes. Commissioner James moved to approve said temporary
closure. The motion was seconded by Commissioner Peppler and it carried
unanimously.
4. Consider Corrected Resolution Concerning Memorandum of Agreement for
Purchase of Property Interest for Acquisition of Right -of -Way and Easements
for Design -Build Project or High Plains Boulevard (aka County Road 9.5)
Between County Roads 32 and 34, and Authorize Chair to Sign All Necessary
Documents — Martha Fischer: Bruce Barker, County Attorney, stated this item of
business, and the following, are necessary for the purpose of authorizing the Chair
to accept the Deed of Dedication during the real estate closing process to resolve
timing concerns. Commissioner James moved to approve said corrected
resolution. The motion was seconded by Commissioner Peppler and it carried
unanimously.
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5. Consider Corrected Resolution Concerning Memorandum of Agreement for
Purchase of Property Interest for Acquisition of Right -of -Way and Easements
for Design -Build Project of High Plains Boulevard (aka County Road 9.5)
Between County Roads 32 and 34, and Authorize Chair to Sign All Necessary
Documents — Mark and Linda Getman: In response to Mr. Barker's explanation
noted during the previous item of business, Commissioner Peppler moved to
approve said corrected resolution. The motion was seconded by
Commissioner James and it carried unanimously.
6. Consider Consent to Assignment and Assumption of Contract to Buy and
Sell Income -Residential Real Estate (Property "P") for Judicial and
Administration Site Project, and Authorize Chair to Sign Any Necessary
Documents — Richmark Real Estate Partners, LLC: Mr. Barker stated this item
of business, and the following, require the Board's consent to assignment and
assumption of both contracts. He further explained the first contract is concerning
the property known as "Lincoln Plaza," which is comprised of several lots that will
be transferred to Weld County. Mr. Barker stated deposit costs are included in this
agreement to reimburse Richmark as part of the purchase price, and he noted
roughly half of the amount are costs related to due diligence, including soil
samples. Commissioner James moved to approve said assignment and
assumption, and authorize Chair to sign any necessary documents. The motion
was seconded by Commissioner Peppler and it carried unanimously.
(Clerk's Note: Chair Buck inadvertently skipped New Business item #7, but after
correction made by Commissioner Peppler, the item was addressed subsequent to the
approval of New Business item #8.)
7. Consider Consent to Assignment and Assumption of Contract to Buy and
Sell Income -Residential Real Estate (Property "Q") for Judicial and
Administration Site Project, and Authorize Chair to Sign Any Necessary
Documents — Richmark Real Estate Partners, LLC: In response to Mr. Barker's
explanation noted during the previous item of business, Commissioner James
moved to approve said assignment and assumption, and authorize Chair to sign
any necessary documents. The motion was seconded by Commissioner Peppler
and it carried unanimously.
8. Consider Limited Access Agreement for Judicial and Administration Site
Project, and Authorize Chair to Sign Any Necessary Documents —
Richmark Vertikal, LLC: Mr. Barker stated the agreement allows for access to the
"Motorola Building," the Weld County Court House Juror's parking lot, and the
building where the Allegiance Award and Trophy Shop is located for the purpose
of allowing Richmark Vertikal, LLC, the ability to do their due diligence with core
and soil samples for the purchase of those properties. Commissioner James
moved to approve said assignment and assumption, and authorize Chair to sign
any necessary documents. The motion was seconded by Commissioner Peppier
and it carried unanimously.
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9. Consider Directing Clerk to the Board to Have Published Emergency
Ordinance No. 261-A, Supplemental Appropriation for 2025: Jennifer Oftelie,
Budget Manager, stated the purpose of the request ensures proper notification is
published in the Greeley Tribune for Emergency Ordinance 261-A, which will take
place on October 1, 2025. No public comment was offered concerning this matter.
Commissioner James moved to approve said Resolution. The motion was
seconded by Commissioner Peppler and it carried unanimously. (Clerk's Note:
Commissioner James clarified his motion on this item on record for accuracy.)
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 8/18/2025): Jim Flesher, Department of
Planning Services, reviewed the proposed changes to miscellaneous items of
Chapter 23 Zoning, of the Weld County Code. He elaborated the changes are to
address 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. He stated the Planning
Commission allowed public input on the matter and indicated staff recommends
approval.
MaryRose Cullen, City of Longmont resident, expressed her concerns for the
proposed changes and requested to exclude historic townsites and subdivisions
from the definition under the Residential (R-1) Zone District to avoid the increased
impact and congestion of commercial vehicles by non-residents.
Betty Bailey, City of Longmont resident, expressed her safety concerns for children
in her area, impacts to the residential roads, since they are not designed to
accommodate large commercial vehicles, and the overall impacts to the quality of
life
Lynn Danonay, City of Longmont resident, expressed her concerns regarding
proper access, increased commercial traffic on roads not built to withstand heavy
vehicles, and requested the area remain single-family homes for people who wish
to have some peace and quiet away from commercial businesses.
Carri Reichert, City of Longmont resident, expressed her opposition to commercial
uses in residential neighborhoods, the impacts to safety of residents and wildlife,
and the increased noise and disruption of their quiet surroundings.
Douglas Bailey, Town of Johnstown resident and member of the Town's Planning
Commission, was not speaking on behalf of the Commission but did express his
concerns over the proposed changes and stated his belief that the County does
need to account for the interest of the life-long residents in the unincorporated
portions of the County, specifically those who reside on Elmore Road. Mr. Bailey
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stated there have been longstanding rules to protect lifestyles and investments
made by residents in their retirement years. Commissioner James extended his
appreciation to Mr. Bailey for his service to the Town of Johnstown community.
Tony Galiano, City of Longmont resident, expressed his concerns for the proposed
changes to allow the Residential (R-1) Zone District to become commercialized.
He stated he specifically chose his subdivision to avoid commercial activity and
further explained property values will be negatively impacted, as people are
already operating businesses, which will increase if this Ordinance is approved. In
response to Commissioner Peppier, he stated the 7:00 a.m. - 7:00 p.m. timeframe
is unreasonable and indicated should this Ordinance be approved despite
extensive opposition, 9:00 a.m. - 4:00 p.m. is reasonable.
Kelly Jorgenson, Town of Mead resident, stated she owns a retail establishment
and is familiar with the residents in her area, many of which have one (1) -acre lots
that will be impacted by this Ordinance. She stated commercial operations should
not operate in residential homes in a subdivision, rather, they should be operating
in the C-3 (Commercial) Zone District because that is what the buildings and roads
are designed to accommodate.
Commissioner James thanked staff for their efforts, expressed his appreciation for
those who provided their testimony, and indicated he understands their concerns.
In response, Maxwell Nader, Department of Planning Services, clarified the
proposed intent to remove the allowance of home businesses from R-2 through
R-5 (Residential) Zone Districts and only include them in the R-1 Zone District. He
explained the primary land use will remain residential and accessory to that, the
allowance of a home business, and he further addressed Class I and II permits to
balance the potential impacts. Mr. Flesher reiterated the importance of the
determination of reasonable impacts to the Accessory Use and stated staff does
not believe these proposed changes go beyond what is deemed reasonable. After
discussion, Commissioner James explained his hesitancy to make a motion in
good faith without the allowance of further community involvement and suggested
a public meeting to be held in the Southwest Service Center for further discussion.
Commissioner James moved to continue First Reading of Code
Ordinance #2025-11 to October 6, 2025, at 9:00 a.m. The motion was seconded
by Commissioner Peppier and it carried unanimously.
New Business — Planning:
1. Consider Contract ID #9834 Improvements and Road Maintenance
Agreement According to Policy Regarding Collateral for Improvements,
Authorize Chair to Sign, and Accept Collateral for Planned Unit Development
Final Plan, PUDF23-0002 — Amanda, Brandon, Lisa, and Moriah Nguyen:
Jazmyn Trujillo -Martinez, Department of Planning Services, requested approval of
the Road Maintenance Agreement (RMA) and the acceptance of the project
collateral, in the amount of $125,000.00, procured in the form of an Irrevocable
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Letter of Credit, issued by First Farm Bank, for the Planned Unit Development
Plan, PUDF23-0002. Commissioner James moved to approve said agreement,
accept said collateral, and authorize the Chair to sign. The motion was seconded
by Commissioner Peppler and it carried unanimously.
2. Consider Contract ID #9913 Improvements and Road Maintenance
Agreement According to Policy Regarding Collateral for Improvements,
Authorize Chair to Sign, and Accept Collateral for Access Permit,
AP25-00045 — Raptor Materials, LLC: Ms. Trujillo -Martinez requested approval
of the Road Maintenance Agreement (RMA) and the acceptance of the project
collateral, in the amount of $2,030,807.50, procured in the form of
Bond #022242092, issued by Liberty Mutual Insurance Company, for the Access
Permit, AP25-00045. Commissioner Peppier moved to approve said agreement,
accept said collateral, and authorize the Chair to sign. The motion was seconded
by Commissioner James and it carried unanimously.
3. Consider Contract ID #9917 Release of Collateral, Authorize Chair to Sign,
and Accept Replacement Collateral for Use by Special Review Permit,
USR15-0078 — Circle B Land Company, LLC: Ms. Trujillo -Martinez stated the
applicant had a change in their bonding company and requested the release of the
currently held collateral, and acceptance of replacement collateral, in the amount
of $2,400.00, procured in the form of Performance Bond #CMS0360797, issued
by RLI Insurance Company, for Use by Special Review Permit, USR15-0078.
Commissioner Peppler moved to approve release of said collateral, accept
replacement collateral, and authorize the Chair to sign. The motion was seconded
by Commissioner James and it carried unanimously.
4. Consider Termination of Road Maintenance Agreement According to Policy
Regarding Collateral for Improvements for Zoning Permit, ZPAG20-0022, for
certain uses in the A (Agricultural) Zone District outside of subdivisions and
historic townsites, specifically a private recreational facility (sports club) —
Erica Walden Trust: Ms. Trujillo -Martinez requested the termination of the RMA
for Zoning Permit, ZPAG20-0022, which was revoked at the request of the owner
who closed the business. Commissioner James moved to approve said
termination. The motion was seconded by Commissioner Peppler and it carried
unanimously.
5. Consider Request to Extend Time to Record Map for Use by Special Review
Permit, USR25-0001 — Wells Ranch LLLP, c/o Colorado Sand Company II,
LLC: Mr. Nader stated staff received a request from the applicant to extend the
time to record the map for Use by Special Review Permit, USR25-0001. He
indicated the new proposed deadline is November 25, 2025, and stated staff
recommends approval. Commissioner James moved to approve said extension.
The motion was seconded by Commissioner Peppler and it carried unanimously.
Public Comment: No public comment was offered.
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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 10:06 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
29th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
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ATTENDANCE LIST
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