HomeMy WebLinkAbout20232503.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, AUGUST 28, 2023
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, August 28, 2023, 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 Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Houstan Aragon
Chief Financial Officer, Cheryl Pattelli
• MINUTES: There being no corrections to the Minutes of the Board of County Commissioners
meeting of August 14, 2023, as printed, Commissioner Saine moved to approve. Commissioner Buck
seconded the motion and it carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner Ross moved to read Code Ordinance #2023-14 by
audio. The motion was seconded by Commissioner Saine, and it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Ross seconded the motion and it carried unanimously.
• WARRANTS:
1) GENERAL WARRANTS - AUGUST 25, 2023: Commissioner Saine moved to approve the General
Warrants, as printed. Commissioner James seconded the motion and it carried unanimously.
• BIDS:
1) APPROVE BID #82300154, RECYCLED ASPHALT PRODUCT (RAP) - DEPARTMENT OF PUBLIC
WORKS: Rose Everett, Purchasing Department, stated staff recommends selecting the lowest bidder
who met specifications, Martin Marietta Materials, for a total amount of $315,000.00, which is within the
2023 estimated budget. Duane Naibauer, Department of Public Works, clarified a correction on the
Memorandum by stating this should state this is for the recycled asphalt product, not Class 6 Base
Minutes, Monday, August 28, 2023
Page 1
2023-2503
BC0016
Concrete. Commissioner Ross moved to approve said bid. The motion was seconded by
Commissioner Buck, and it carried unanimously. (Clerk's Note: After the meeting concluded, staff stated
the memorandum was correct and it was a misunderstanding as to how the content was written and
subsequently stated on the record.)
le 2) PRESENT BID #62300167, SAND OIL TANK AND GREASE TRAP PUMPING SERVICE -
FACILITIES DEPARTMENT: Carolyn Geisert, Purchasing Department, stated one (1) bid was received
and staff will make a recommendation on September 11, 2023.
IR NEW BUSINESS:
1) CONSIDER CONTRACT ID #7299 MEMORANDUM OF UNDERSTANDING FOR WINDOW WRAPS
FOR COURTHOUSE ANNEX BUILDING (934 9TH AVE, GREELEY) AND AUTHORIZE CHAIR TO
SIGN — GREELEY DOWNTOWN DEVELOPMENT AUTHORITY: Toby Taylor, Director of the Facilities
Department, stated this contract will allow for the installation of window wraps on the Courthouse Annex
Building at no cost to the County, and indicated the work will be insured up to Weld County's standard.
Commissioner Ross moved to approve said memorandum of understanding and authorize the Chair to
sign. The motion was seconded by Commissioner Buck, and it carried unanimously.
• 2) CONSIDER CONTRACT ID #7313 WORK ORDER AGREEMENT, INVOICE, AND PRIVATE
FACILITIES LOCATE FORM FOR STREET LIGHT INSTALLATION FOR CRS 6 AND 13
INTERSECTION ROUNDABOUT PROJECT, AND AUTHORIZE CHAIR TO SIGN - UNITED POWER,
INC.: Clay Kimmi, Department of Public Works, stated this the timing of this agreement provides added
lead time for United Power, Inc., to order the products and get them delivered in time, due to supply chain
delay, for the installation of street lights for the roundabout project at the intersection of
County Roads (CRs) 6 and 13. Commissioner Ross moved to approve said agreement, invoice, and
form, which was seconded by Commissioner Buck, and upon a roll call vote of four (4) to one (1), the
motion carried, with Commissioner Saine opposed, due to multiple discussions at Capital Improvement
Plan (CIP) meetings concerning her constituents and their objection to the inappropriate timing for this
project.
• 3) FIRST READING OF CODE ORDINANCE #2023-14, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES OF THE WELD COUNTY
CODE (HFWA AND POWR ACT): Jill Scott, Director of the Department of Human Resources, stated the
proposed changes to sections of Chapter 3 of the Weld County Code reflect federal and state law
regulatory compliance, and are as follows: Section 3-6-20 shows updates to sick leave to include
language for Family and Workplaces Health Act (FWHA); Section 3-5-50, reflects updates to sexual and
other prohibited forms of harassment to include language for Protecting Opportunities and Workers'
Rights Act (POWR ACT); Section 3-6-80 shows updates to bereavement leave, specific to the definition
of immediate family members; and Section 3-7-70 reflects updates to compensatory time, annual payout,
and the maximum time entered. No public testimony was offered concerning this matter.
Commissioner Ross moved to approve Code Ordinance #2023-14 on First Reading. The motion was
seconded by Commissioner Buck, and it carried unanimously.
• PLANNING:
1) FINAL READING OF CODE ORDINANCE #2023-13, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST,
CHAPTER 23 ZONING, AND CHAPTER 29 BUILDING REGULATIONS OF THE WELD COUNTY
CODE (OIL AND GAS EQUIPMENT/TELECOMMUNICATION TOWERS): Commissioner James moved
to read Code Ordinance #2023-13 by title only. The motion was seconded by Commissioner Ross, and
it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Tom Parko, Director
Minutes, Monday, August 28, 2023
Page 2
2023-2503
BC0016
of the Department of Planning Services, alongside Jason Maxey, Director of the Department of Oil and
Gas Energy, stated there have been no changes since Second Reading, and the changes deal with
better inspection efficiencies for staff and the industry. No public testimony concerning this matter was
offered. Commissioner James moved to approve Code Ordinance #2023-13 on Final Reading. The
motion was seconded by Commissioner Ross, and it carried unanimously.
PUBLIC COMMENT:
1) Kathryn Beiland, Longmont resident, offered her comments to the Board.
RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2023-13 was approved on Final Reading; and Code Ordinance
#2023-14 was approved on First Reading.
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 9:16 a.m.
These Minutes were approved on the 11th day of September, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddttiv ;4.
Weld County Clerk to the Board
BY:
eputy Clerk to the
Mi
eeman, Chair
erry L.ck, Pro-Tem
ott K. Jame
Kevin D. ' oss
Lori Saine
Minutes, Monday, August 28, 2023
Page 3
2023-2503
BC0016
ATT� pAKE LIST
NAME - PLEASE PRINT
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF SPEAKING
RESIDENCE (YIN)?
W 164 CO. SEC 1S. T2N, RBTW
2 11T A_ l JIN CJP LS 311e9 IN
--MON SOX
c.
419 96'
OIL FACLITY
BUILDINC3 SETBACK
S er0B' .2 E
U7
LOT B
AMRE 2513
?1 3+'1 ACRES *.-
OIL FACILITY
el?I►DINO SETBACK
Lor B
AMEN0E°
RE 33.0
Beiland
S 84-4'11 T E
U,
LOTA
RE 2513
NI ACCESS%
EASEMENT
PION tot y1/4
NEC PC 2121610
IA
r
i 881sT'
�i eg-4tril1-�
176 49
--LS 7242
LOT A
RE 33W
te
2
•
CENTER SEC se, 1214, RB7W
T ALUA& CAP SET & REF BY
LS 23500 ON 6-10-1904
of
Kevin & Kathryn Beiland
6251 Weld County Road 20
Longmont CO 80504
AMRE 3310 Lot B
2019: Ms. Knudson was granted a
Farming Exemption for these 2
acres.
The Planner noted: "The
proposed accesses for Lots A and
B from County Road 20 cross
property not included in the
Recorded Exemption. The
applicant shall create and record
30 foot access and utility
easement agreements signed by
all owners of property crossed by
each access and show and label
the access and utility easements
on the plat. The recorded
easements shall be submitted in
writing to the Weld County
Department of Planning
Services."
W 114 CO. SEC 18, T24. R67w\
2 IC ALUM CAP LS 311/351 IN
MCN 6Ox
ti
•
f;f
41995'
S 89 EE•4F F
OIL FACIL.tTY
B111LDIN O SETBACK
21*.
r
LOT B
AMRE 2513
MUD.
a _
,FACILITY
LATE
RE 3310
SAMINDIED
Beiland
DNC3 SETBACK
LOT A
RE 2513
f
s acct as
MHC he trail"
wane 1
Zc
C
2
I R & E
710.07! 4 rd 4W 44
31i „_ 201 %'
N W4t41 W
CENTER SEC 48. TOY, RE7W
T ALJJM. CAP SET & REF Br
LS 235O0 ON 6-10-1994
a-
2OO1 EA benefits 3158 Lot B
to the East, and is 20' in
width, not the required 30'.
111111 VIII 1111111 IIII liii 111111 111111 III IIIII 1111.1111'
18870N 11/01/2001 41:47P JA Suki Tiukamoto r "
1 01 2 !1 10.00 0 0,00 Weld County CO
RECIPROCA J43 SEMENT AG RE ANT
V V V
.
Tills REC IPROC SEMENT AGREE T, is made this ' % C� y of
1, 2001, by and . -. Brian Fazio and K .+ G1 azio, whose addr = -� 325
arden Circle. Lo : ' • , Colorado ("First Party") and Carl Smith 411
sae whose add 6151 Weld County, 20, Dacono, Color Second
Party") oNi o� e-'
Thee ; � party are owners 'ts of land known as •:1 • of Recorded
158 and Lot B of R ed Exemption 384 ?lc Records of Weld o nty,
Party owning the traFlcnown as 6151 WCR lots divided by an, tsting
d" z • ad running north them from Weld Co u> Road 20, upon whi panics
sire to grant to each a non-exclusive easjient for ingress and egressy d
easement to take fro tract tract twenty feet, ing an casement fo in width,
running the lentof the road along the pr line
a 4.4e4
►�
�
. ideration for the ease nts hereinafter grant
rein exchanged between1the parties, the sum o
paid Pti,,��each of the parties here to the other. and of
th ;;
cespt and sufficiency gf�'#hich are hereby confi
(krniez,
e
the mutual covenants ,
Dollars ($10 00) in luirtd
and valuable co . ':. don,
and acknowledged.
First Party grants and conveys undo Second Party, its
assigns, a non-exslt, easement upon, ovpraind across that porno
described abo is owned by First, *, for use by Second
assigns, ag _ �ployees, tenants, s and invitees jointly
tly
private \ road, installation of es and related purpo
condit4'p d provisions herd
unto First Party, its
cross that portion of,
arty, for the use by F.
and invitees, jointly
and related pu
The e
be referral
e term of the Road fitment shall be perpe
rs and
e tract of land
its successors,
First Party, for a
bject to the terms, •e
set forth, and Second, Party hereby grants an44
sors and assigns, a :exclusive easement O lt over
t of land described-ove which is owned b
arty, its successors
Second Party, for a
subject to the terms,
ted in this Para
einafter collective!
As between the
w plowing and ot
be shared equally
themselves, t
maintenan
the costs of repair
ses of upkeep
parties, one-half to
cessors and assigns,
is Road Easement. ,.e
on.‘ r h•
ns, agents, employ
to access road, ins
itions and provisio
and shall be mutual
"Road Easement "cC?
ants, guests
n of utilities
rafter set forth
reciprocal and may
.44
Q
enance, clearing. trash removal,
tion of the Road Easement shall
The parties mutually obligate
and severally, to WJd County for the
,,€;C91 ..N
W 114. CO. SEC. 1t T2ld. R6JW
2 112' ALUM CW LS 31169 IN
NatA4 BOX
be
614.41'
StlEn3614.2" E
OIL FACILITY
BUILDING BET BACK
LOT B
AMRE 2513
rx as ACRES +lc
206.90'
r
f
J
LOT 6
AYE ICED
RE 3310
OILFACILITY
WILDING SETBACK
LOT A
RE 2613
HMIS
210:4T
Air
N W411'41' W
1
1
I
I
Beiland
176419
7242
LOT A
RE The
a
Ri
tfl.6r
Otte —
3158
Lot B
CENTER SEC. 19, T2N, RS7W
2" Acura CAP SETS REF BY
LS 23500 ON 6-10-1904
-a.-.
W114CO SEC. 18, WOW
2 Ii'? ALUM C. P LB 3118s IN
MON eIX
ti
614 4T `'
K
LOT B
AMRE 2513
VAS ACAls •ti
W
I-. aS l OIL FACILITY
._ el -11.004G SETBACK
W
k
saisiteer
EIS Man
facEP2 ? r
NEC �� rr •
188 60'
1764S
�lS 7242—'
LOT A kg
RE 3310 s
W No acce
in ofAMRE
DETAIL
7iTi+,--1.6
s11' E
R SEC 18, P W T R67
CAP SET & EF 6'r
23500 ON 6.1 994
ttr
Beiland
r
Lots 1, 2 & 3 plats are
recorded with access for
driveway and utilities
from Beiland Private
Property.
Lots 2 & 3 were pulled in
to Ms. Knudson's
veterinary hospital and
dog/cat boarding facility
which is open 7 days a
week; under 1MUSR21-
98-1174, and those plats
are recorded allowing
public access to a
business from Beiland
Private Property.
Ms. Knudson has her own
road that runs along the west
border of the 3 lots.
Anita has a Road
Maintenance and Easement
Agreement filed with the
County, (Reception #
4747998) which provides
access from her own road to
all subject lots.
Right of access for driveway
nor utilities, was ever
granted to those acres in the
2005 Warranty Deed or in
any other recorded
instrument.
M
I
..••••. ft
t.
%.". L4 ' •'4 k• '474'.
Aft
I
?,I- IC
ma Z-vviaAMKS---
10' SW RESERVED
is M UNE 000 -Or -WAY
r HAS ar ea
0.0714./0.021
35
35
d/ MO STORY -,_
FRAME A pW N
ANIMAL HO1ITAL
1400181121i 12'W 700.18'
i-
73
k-- 1C
gifts
14
se
•:
sr
3
4. I
•
/ LOT 8
(5 tar AC)t
I awat)-OMS
Err MELD MOM ROAD 20
KNWSDN-•FAao Inc
Mad
COTTACE
O
FR Mt
p1lr,•
'
CABANA
y
IM'
,:..
CSC Ms
rtslctSSITS ta
00412
CSC
CC
"U,
•
MAI
ZONE X
(OPCR WAS)
EN Of 7
Cale
JJM N.,v.Vs w
*NW cm
• 1' i'YC
OW , tsc Y
dOgeee
swi/4,
SEC. 18
/IWMee avttantw
OFOP S r►r alet A Cried)*a1R1,T�0 Lai ! 1-1►-QON;
1:Derr'
Ms. Knudson's Private Road
72
1 STORY
`3t'
MAW
filkt r
GAR
till -
SHED
FRAME
SHED NS
re 44
'se' RECORDED
EXEMPTION NO.
1317-18-3—
IAMRECX2O-19-0086
M�t�y« FRAME
RAMOS
- MR SHED if
'tat.
KU NOME
4 rear,, rt' A 'rler
Attnlolo
t
r
IMMO
N`
-4
50018'12'E Eger GEM trpm
an
(44348.-P)
A7 Sat A u1u11 tut
RNI t1NR
LOT A IMON-O
LOT A
RE -3.T10 Nor A PART)
6247 C COUNTY ROC 20 FRAME
DA la. J a KAREN L NOUN
oca O
(483.88'-P)
NOO' V12'W 4030
FRAM
si "Au
GAMOO
- j. s4T 0.3' f
9O5 0.0)$./0.11
N0018'12"1M r'
201.41'
RECORDED
EXEMPTION Na
°I'm) 1311-18-3 RECX?0-0168
ma 44
amai&
L, omit
ONO
• AT VISO .assst a s ti
co atitlu a 1.01 a t
tar A 111-8310 a WI
Cormcit Ott 3.10417,
LOTA
33-conect%-JIM
(NOT A PART)
711 x' .rte
2 Sralr
AIMS HOUSE
v
•
S.
aau►,w84s
fret )
9rT 0.1' eG
oa4'N,/0.021
au WED NOW a AM MIST
rto saw►
N88'48'4114 for +rtri.-aon.�'
186.50'; �v t..
acc�
as
ea
m
z
m
e
467.29• 1`'
LOT A
(RIOT A PART)
J49JN E t 8r3TTANYket
N.
I� eotS5 -%UMT $
frill *OM CO LOTitcrl trial)
4
A
Pact
467.W-- —_!
'
LOT 8
(21.10) ACM
M IE"CX1Q-19-0031
6175 CO COLWTY RGID 20
ANrrA R KNUDSON
CD mini
•ICJN A
CI • 44t+ Oat ulatm
.
'ft._
smite ruAoet a Saar ,
r>dM wdttOk a 4ii aw'
flu
SST 0.3' AGl -\
0.00'It,t04'w.
SQ018.12'E 1690
►Old tfl.1'S
RECORDED EXEMPTION NO.
.carect4 1311-18-3—RECX19-0086
itterin
CVLOT A
A . a AECX1t-01M6
tat l IIIIKOOD-$40III Nor A PAR!)
JASON & KAM W RT
466 tit
si' rtu
Waal
72
etabsta
wit
roc
a 151./0 on _A•
•
•
INF 75F
` Reiland Private Property
!land Private
roperty
PS gins acceos ra ner estrlg wet cart. on the ►wea RECORDED
s se or her own road- RECX20-0168 Lot 8 Utz zrlg our
foal tor expansion or Commercial filminess. EXEMPTION NO'
1311 -18 -3 -RE 3158
44
so0'W12'E 251).13'
(2593.70'1)
2 STORY
RAWL
LOT O
RE -J$58
(NOT A PART)
6271 +MELD awn R0r10 20
)JON E van
»
r -a a Ors CA
I ~ t»
kw VrAlte rumor aISSISO
1aaRugaat444
anon tr
I
g
Out
stvxi o &a! i X :kri t ,or i:: _ B art _at 6 ourt r w ir+aw
for al Ice. Sots c( I*ce So Tut rb correct
l or sly 00.0 a u*ln CABOT
rat lawn a
LOT a a101 -}!1p
mot. Bra
Akc. 10.1014 —
shoud be 3 0372,
not 3067053
SECRON 18 WATER •--
USERS ASSN D17O4
(PO.%5 ( McGs*Uo( R
M'TE'NElL Lvr1)
t
a
N
N
•
t C,, OPT
SOO
r
•t No
ioalciti a
The subdivision of the 3 lots resulted in 5 plats; including a Minor Use By Special Review, all containing
false statements regarding access from Beiland Private Property.
4576192 Recorded Exemption No. 1311-18-3 RECX19-0086
4707032 Recorded Exemption No. 1311-18-3 RECX20-0168
4707030 Recorded Exemption No. 1311-18-3 1AMRECX-19-0086
4707031 Recorded Exemption No 1311-18-3 1AMRECX-20-99-2513
4824803 Use by Special Review No. 1MUSR21-98-1174
Each one of the above plats contains material misstatements misrepresenting that the 2001 Easement
Agreement created access rights for the Subject Parcels across Beiland Private Property The assertion on
the plats that the Subject Parcels are benefited by the 40' shared road & utility easement is patently false.
All owners of the Subject Parcels have no right to cross the Beiland Private Property.
We request that, pursuant to Weld County Code § 24-11-40, the County undertake revisions to the plats for
the Subject Parcels to correct these clear and material misstatements.
Thank you for your time, and consideration.
Kevin & Kathryn Beiland
Hello