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HomeMy WebLinkAbout20252799.tiffRecord of Proceedings Minutes Board of County Commissioners Weld County, Colorado Wednesday, October 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, October 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 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 Peppier moved to approve the below listed Minutes of the Board of County Commissioners meeting, as printed. Commissioner James seconded the motion' and it carried unanimously. 1. Minutes from October 1, 2025 Certification of Hearings: Commissioner Ross moved to approve the below listed Hearing Certificates. Commissioner Maxey seconded the motion, which carried unanimously. 1. PCSC23-0011 — R M Hiner Construction Co, Inc. 2. COZ25-0006 —Affordable Owner, LLC Amendments to Agenda: There were no amendments to the Agenda. Consent Agenda: There being request for public testimony concerning the following items, as listed under 'Consent Agenda — Miscellaneous', Commissioner James moved to remove Partial Vacation, VAC25-0013, of Two -Lot Subdivision Exemption, SE -1071, for Removal of Lot B Cairn Stone Holdings, LLC, from the Consent Agenda and list 2025-2799 BC0016 Page 2 Wednesday, October 15, 2025 www.weld.gov under 'New Business — Planning' item of business #2. Commissioner Maxey seconded the motion and it carried unanimously. Commissioner James further moved to approve the agenda, as amended. The motion was seconded by Commissioner Ross and it carried unanimously. Commissioner Ross moved to approve the Consent Agenda, as amended. Commissioner Peppler seconded the motion and it carried unanimously. 1. Partial Vacation, VAC25-0013, of Two -Lot Subdivision Exemption, SE -1071, for Removal of Lot B — Cairn Stone Holdings, LLC 2. Partial Vacation, VAC25-0020, of Four -Lot Recorded Exemption, RECX13- 0044, for Removal of Lot D — TAMIJOBR FT, LLC Presentations and Proclamations: 1. National Health Education Week — October 20-24, 2025: Commissioner James read the certificate for the record. Olivia Egen, Interim Community Health Director for the Department of Public Health and Environment, thanked the Board for the opportunity to highlight the various community outreach programs and recognized the incredible leadership and dedicated staff who make it possible. She indicated the advancement of health and well-being in Weld County is the result of prevention education and data -driven strategies to build the foundation of healthier communities through programs like 'Heart for Weld' for diabetes prevention and tobacco prevention and cessation. Jason Chesser, Director of the Department of Public Health and Environment, quoted "An ounce of prevention is worth a pound of cure," and shared his sincere appreciation for the staff who dedicate themselves to fulfill the mission of empowering communities with impactful education. The Board extended their heart -felt appreciation for the efforts of staff who serve the citizens of Weld County. (Clerk's Note: The group gathered for a photo opportunity.) Warrants: 1. General Warrants: Commissioner Maxey moved to approve the General Warrants, as printed. Commissioner James seconded the motion and it carried unanimously. Bids: 1. Approve Bid #B2500117, Conduct Oral Auction for Oil and Gas Lease and Authorize Chair to Sign (W1/2 of S29, T8N, R63W - 320 acres): Toby Taylor, Purchasing Department, explained the following bids are related to oil and gas auctions and introduced Rusty Williams, Weld County Controller, who stated one (1) bid was received from Rolland Resources, LLC, to lease 320 mineral acres, for the amount of $650.00 per mineral acre, for a total of $208,000.00. Commissioner James moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner Ross and it carried unanimously. 2025-2799 BC0016 Page 3 Wednesday, October 15, 2025 www.weld.gov 2. Approve Bid #B2500117, Conduct Oral Auction for Oil and Gas Lease, and Authorize Chair to Sign (SW1/4 of S19,T8N, R63W — 157.65 acres): Mr. Williams. stated one (1) bid was received from Rolland Resources, LLC, to lease 157.65 mineral acres, for the amount of $650.00 per mineral acre, for a total of $102,472.50. Commissioner James moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner Ross and it carried unanimously. 3. Approve Bid #B2500117, Conduct Oral Auction for Oil and Gas Lease, and Authorize Chair to Sign (SE1/4 of S19,T8N, R63W - 160 acres): Mr. Williams stated one (1) bid was received from Rolland Resources, LLC, to lease 160 mineral acres, for the amount of $650.00 per mineral acre, for a total of $104,000.00. Commissioner Maxey moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner Ross and it carried unanimously. 4. Approve Bid #B2500117, Conduct Oral Auction for Oil and Gas Lease, and Authorize Chair to Sign (S1/2 NE1/4 of S19, T8N, R63W - 80 acres): Mr. Williams stated one (1) bid was received from Rolland Resources, LLC, to lease 80 mineral acres, for the amount of $650.00 per mineral acre, for a total of $52,000.00. Commissioner Ross moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner James and it carried unanimously. 5. Approve Bid #B2500117, Conduct Oral Auction for Oil and Gas Lease, and Authorize Chair to Sign (NW1/4 of S13, T7N, R63W - 160 acres): Mr. Williams stated two (2) bids were received, at $1,000.00 per mineral acre and at $2,500.00 per mineral acre. Bennett Meyer, representative of Bison IV Properties Colorado, LLC, and Cody Ball, representative of Roland Resources, LLC, both introduced themselves for the record, and Roland Resources, LLC, decided to forfeit their bid. Therefore, the highest bidder was Bison IV Properties Colorado, LLC, to lease 160 mineral acres, for the amount of $2,500.00 per mineral acre, for a total of $400,000.00. Commissioner Ross moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner James and it carried unanimously. 6. Approve Bid #B2500117, Conduct Oral Auction for Oil and Gas Lease, and Authorize Chair to Sign (NE1/4 of S13, T7N, R63W - 160 acres): Mr. Williams stated two (2) bids were received, at $1,000.00 per mineral acre and at $2,500.00 per mineral acre. After several increases to the bidding amount initially submitted by Mr. Meyer and Mr. Ball, the highest bidder was Bison IV Properties Colorado, LLC, to lease 160 mineral acres, for the amount of $3,002.00 per mineral acre, for a total of $480,320.00. Commissioner Ross moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner James and it carried unanimously. 2025-2799 BC0016 Page 4 Wednesday, October 15, 2025 www.weld.gov 7. Approve Bid #B2500117, Conduct Oral Auction for Oil and Gas Lease, and Authorize Chair to Sign (W1/2 SW1/4, W1/2 E1/2 SW1/4 of S2, T7N, R63W - 120 acres): Mr. Williams stated one (1) bid was received from Bison IV Properties Colorado, LLC, to lease 120 mineral acres, for the amount of $2,500.00 per mineral acre, for a total of $300,000.00. Commissioner James moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner Maxey and it carried unanimously. 8. Approve Bid #B2500117, Conduct Oral Auction for Bid #B2500117 Oil and Gas Lease, and Authorize Chair to Sign (SW1/4 of S24, T7N, R63W - 160 acres): Mr. Williams stated two (2) bids were received, at $941.00 per mineral acre and $2,500.00 per mineral acre, from Elevation Resources, LLC, and Bison IV Properties Colorado, LLC, respectively. Chance Snook, representative of Elevation Resources, LLC, decided to forfeit their bid. Therefore, the highest bidder was Bison IV Properties Colorado, LLC, to lease 160 mineral acres, for the amount of $2,500.00 per mineral acre, for a total of $400,000.00. Commissioner Ross moved to approve said lease and authorize the Chair to sign. The motion was seconded by Commissioner Maxey and it carried unanimously. New Business — General: 1. Consider Petition for Abatement or Refund of Taxes for Account No. R8961787 - Hive Longmont, LLC: Brenda Dones, Weld County Assessor, stated the petitioner requested abatements for Tax Years 2023 and 2024, for a 23,179 square -foot fitness center. She explained, in 2023, the property was vacant so the valuation reflected just the land, which appeared to be just over twelve (12) buildable acres; however, through the appeal process staff learned that seven (7) acres of the property is located in a floodplain and the City of Longmont has restricted the use of the land to short-term use by special permit only. Ms. Dones stated, for Tax Year 2023, the valuation approach taken by staff for the remaining acreage of land, determined the just under five (5) acres to be $4.75 per square -foot; thus, it reduced the valuation from $1,000,000.00, to $33,515.00, resulting in an abatement of $17,145.18. She further stated, for Tax Year 2024, it reduced the valuation from $6,793,364.00, to $541,531.00, resulting in an abatement of $32,287.34, reflecting the valuation approach taken by staff for the property and the occupied building. Ms. Dones recommended approval, in part, for both Tax Years 2023 and 2024. There being no representatives present for questions, Commissioner James moved to approve said petition, in part. The motion was seconded by Commissioner Ross and it carried unanimously. 2. Consider Standard Form for Case Management Agency (CMA) Professional Service Agreement Between Department of Human Services and Various Providers, and Authorize Chair to Sign Any Agreements Consistent with Said Form: Tami Grant, Deputy Director of the Department of Human Services, requested approval for updates to the standard template for Case Management Agency (CMA) professional service agreements to align with new requirements 2025-2799 BC0016 Page 5 Wednesday, October 15, 2025 www.weld.gov dictated by the Colorado Department of Health Care Policy and Financing. Commissioner Peppler moved to approve said standard form and authorize the Chair to sign any agreements consistent with said form. The motion was seconded by Commissioner Ross and it carried unanimously. 3. Consider Contract ID #9891 Memorandum of Agreement to Purchase Property Interest for Temporary Construction Easement for State Highway 392 and County Road 35 Intersection Improvements Project, and Authorize Chair to Sign — Richard and Francis Geisert: Cameron Parrott, Department of Public Works, stated the agreement allows for the County to purchase 0.013 acres of a temporary construction easement (TCE) for the improvements project at the intersection of State Highway (SH) 392 and County Road (CR) 35, at the cost of $650.00. Commissioner Ross moved to approve said agreement and authorize the Chairto sign. The motion was seconded by Commissioner Maxey and it carried unanimously. 4. Consider Contract ID #9892 Memorandum of Agreement to Purchase Property Interest for Public Road Right -of -Way and Temporary Construction Easement, and Accept Deed of Dedication for Public Road Right -of -Way for State Highway 392 and County Road 35 Intersection Improvements Project, and Authorize Chair to Sign All Necessary Documents — Timothy and Jamie Pribble: Mr. Parrott stated the agreement allows for the County to purchase 0.286 acres of right-of-way (ROW) and one (1) acre of TCE for the improvements project at the intersection of SH 392 and CR 35, at the cost of $58,671.00. He further requested the acceptance of the Deed of Dedication for said ROW. Commissioner Maxey moved to approve said agreement, accept said deed, and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Ross and it carried unanimously. 5. Consider Contract ID #9961 Memorandum of Agreement to Purchase Property Interest for Temporary Construction Easement for State Highway 392 and County Road 35 Intersection Improvements Project, and Authorize Chair to Sign — Eagle View Point, LLC: Mr. Parrott stated the agreement allows the county to purchase .02 acres of TCE for the improvements project at the intersection of SH 392 and CR 35, at the cost of $650.00. Commissioner Ross moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner James and it carried unanimously. 6. Consider Contract ID #9964 Memorandum of Agreement to Purchase Property Interest for Public Road Right -of -Way and Temporary Construction Easement, and Accept of Deed of Dedication for Public Road Right -of -Way for State Highway 392 and County Road 35 Intersection Improvements Project, and Authorize Chair to Sign All Necessary Documents — Rebecca Cutler, Sandra Murphy, and Gary Pound: Mr. Parrott stated the agreement allows for the County to purchase 0.567 acres of ROW and 0.122 acres 2025-2799 BC0016 Page 6 Wednesday, October 15, 2025 www.weld.gov of TCE for the improvements project at the intersection of SH 392 and CR 35, at the cost of $10,530.00. He further requested the acceptance of the Deed of Dedication for said ROW. Commissioner Maxey moved to approve said agreement, accept said deed, and authorize the Chair to sign any necessary documents. The motion was seconded by Commissioner Ross and it carried unanimously. 7. Consider Contract ID #9966 Memorandum of Agreement to Purchase Property Interest for Temporary Construction Easement for State Highway 392 and County Road 35 Intersection Improvements Project, and Authorize Chair to Sign — Louise McKay and Tony Nagel: Mr. Parrott stated the agreement allows for the County to purchase 0.083 acres of ROW and 0.016 acres of TCE for the improvements project at the intersection of SH 392 and CR 35, at the cost of $9,190.00. Commissioner Ross moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Peppier and it carried unanimously. 8. Consider Ratification of Appointment to High Plains Library District Board of Trustees: Matthew. Hortt, Executive Director of the High Plains Library District, recommended the appointment of Patty Bodwell to the Board of Trustees for Region 6, which includes the Towns of New Raymer, Grover, and Kersey. Commissioner Peppier moved to approve said ratification of appointment, The motion was seconded by Commissioner James and it carried unanimously. 9. Consider Amendment to Contract to Buy and Sell Commercial Real Estate Located at 908 11th Avenue, Extending Closing Date to November 3, 2025, and Authorize Chair to Sign — 2985 1st Ave, LLC: Bruce Barker, Weld County Attorney, stated the amendment extends the closing date from October 30, 2025, to November 3, 2025, and staff recommends approval. Commissioner James moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Ross and it carried unanimously. New Business — Ordinances: 1. Second Reading of Code Ordinance #2025-14, In the Matter of Repealing and Reenacting, with Amendments, Chapter 14 Health and Animals of the Weld County Code (Article V Body Art Establishments): Commissioner Ross moved to read Code Ordinance #2025-14 by title only. The motion was seconded by Commissioner James and it carried unanimously. Mr. Barker read the title for the record. Dan Joseph, Department of Public Health and Environment, reviewed the proposed minor changes for clarification since First Reading and indicated staff recommends approval. Commissioner Maxey extended his appreciation for staff's dialog to address his questions. No public testimony was offered concerning this matter. Commissioner Maxey moved to approve Code Ordinance #2025-14 on Second Reading, as amended. The motion was seconded by Commissioner Ross and it carried unanimously. 2025-2799 BC0016 Page 7 Wednesday, October 15, 2025 www.weld.gov New Business — Planning: 1. Consider Request to Extend Time to Record Map for Use by Special Review Permit, USR24-0010 - Sunlight Farm, LLC, c/o Pivot Solar 59, LLC: Chris Gathman, Department of Planning Services, provided a brief overview for historical context of Use by Special Review Permit, USR24-0010, and he requested, on behalf of the applicant, Sunlight Farm, LLC, c/o Pivot Solar 59, LLC, for the extension of time to February 28, 2026, to record the final plat. map. Mr. Gathman indicated the extension is the result of delays caused by Xcel Energy to ensure proper sizing if reflected on the final map, and he stated staff recommends approval. No public testimony was offered concerning this matter. Commissioner Ross moved to approve said extension of time. The motion was seconded by Commissioner James and it carried unanimously. 2. Partial Vacation, VAC25-0013, of Two -Lot Subdivision Exemption, SE -1071, for Removal of Lot B — Cairn Stone Holdings, LLC: Matthew VanEyll, Department of Planning Services, reviewed the property history and location, noted that Lot A is not part of the consideration, and stated all Code criteria has been met.; Therefore, staff recommends approval, subject to .a Condition of Approval that a revised land survey plat be signed by the property owner(s), submitted to the Department of Planning Services for review, and upon acceptance, shall be recorded. In response to Commissioner Maxey, Mr. VanEyll confirmed there currently is a 71 -acre parcel and the landowner's intent is to subdivide the parcel into two (2) 35 -acre parcels, which could be accomplished with a potential Family Farm Division (FFD). Aaron Maurice, Department of Planning Services, further expanded on the details surrounding the development review process. Mark Stonehocker, applicant, confirmed his intent for the purpose of vacating Lot B. Dan Spickard, Landowner of Lot A, shared his opposition of the partial vacation and the potential impacts to his lot. He further requested that should the request be approved, that the surrounding property owners (SPOs) be notified of intent orr future use of the land. Following discussion, staff clarified the only method to create the smaller acreages is to go through the partial vacation process, which in this case is only concerning only Lot B, and explained that certain future land use processes can be administratively approved by the Department of Planning Services and are not noticed to SPOs, while other land use processes must be approved through the Board and SPOs are noticed. There being no further discussion, Commissioner Ross moved to approve said partial vacation. Commissioner James seconded the motion and it carried unanimously. Public Comment: 1. Senator Byron Pe ton, Colorado Senate District 1, offered his comments to the Board, with response from Commissioners Ross, Maxey, James, and Buck. 2025-2799 BC0016 Page 8 Wednesday, October 15, 2025 www.weld.gov 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 October, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Excused Date of Approval Lynette Peppier: Excused Date of Approval Kevin D. Ross: Aye Attest: Esther E. 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