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Home My WebLink About20200243.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, JANUARY 20, 2020 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, January 2O, 2020, 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 Steve Moreno, Chair Pro-Tem Commissioner Sean P. Conway — EXCUSED Commissioner Scott K. James Commissioner Barbara Kirkmeyer - EXCUSED Also present: County Attorney, Bruce Barker Clerk to the Board, Esther Gesick Controller, Barbara Connolly • MINUTES: Commissioner James moved to approve the minutes of the Board of County Commissioners meeting of January 15; 2020, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. 1 READ ORDINANCE BY AUDIO: Commissioner Moreno moved to read Code Ordinances #2020-01 and #2020-03 by audio. The motion was seconded by Commissioner James, and it carried unanimously. 11 CERTIFICATION OF HEARINGS: Commissioner James moved to approve the Certification of Hearings conducted on January 15, 2020, as follows: 1) COZ19-0002 — Daniel and Janna Miller, 2) USR19-0064 — Cervi Enterprises, Inc., do Kerr-McGee Gathering, LLC, and 3) USR19-0063 — Lazy Two Ranch, LLC, and Duane and Lynn Ross, do Connell Resources, Inc. Commissioner Moreno seconded the motion, which carried unanimously. "! AMENDMENTS TO AGENDA: There were no amendments to the agenda. "' CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda, as printed. Commissioner James seconded the motion, and it carried unanimously. • PUBLIC INPUT: No public input was given. O3/97 Minutes, Monday, January 20, 2020 Page 1 2020-0243 BC0016 _'' PROCLAMATIONS: 1) ERIE TIGERS DAY, GIRLS SOFTBALL TEAM - JANUARY 20, 2020: Chair Freeman postponed this item until the end of New Business to allow additional players to attend. El WARRANTS: 1) GENERAL WARRANTS - JANUARY 17, 2020: Commissioner James moved to approve the General Warrants, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. • NEW BUSINESS: 1) CONSIDER APPLICATION FOR 2020-2021 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of Emergency Management (OEM), stated this application is requesting $139,854.00, with a twenty percent (20%) match of $28,125.00, which will be utilized to support emergency planning related to hazmat planning, education and training. Commissioner Moreno moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. • 2) CONSIDER ANNUAL REPORT FOR DISCHARGES FROM 2019 APPLICATION OF HERBICIDES/PESTICIDES AND AUTHORIZE CHAIR TO SIGN: Tina Booton, Department of Public Works, explained this annual report documents the herbicide and pesticide applications made in 2019, under the National Pollutant Discharge Elimination System (NPDES). Commissioner James moved to approve said report and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. 3) CONSIDER RENEWAL APPLICATION FOR A VINTNER'S RESTAURANT (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN — RIVER GARDEN WINERY, LLC, DBA RIVER GARDEN WINERY: Bob Choate, Assistant County Attorney, presented the renewal application and provided a brief description of the location of the facility, which was permitted under 1MUSR16-11-1774. He stated the referral agencies had no concerns and the Health Department referral highlighted excellent results from the last three health inspections. Commissioner Moreno moved to approve said renewal application and authorize the Chair to sign. The motion, which was seconded by Commissioner James, carried unanimously. • 4) FIRST READING OF CODE ORDINANCE #2020-01, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 9 INFORMATION TECHNOLOGY, OF THE WELD COUNTY CODE: Bruce Barker, County Attorney, explained many of the proposed changes are grammatical and clean-up in nature, and recommended a work session to review the changes, in detail, prior to Second Reading. Ryan Rose, Director of the Department of Information Technology, agreed many of the changes are related to language which pre -dates the inclusion of IT as a department of the County, in 2014. No public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2020-01 on First Reading, as amended. Commissioner Moreno seconded the motion, and it carried unanimously. • 5) FIRST READING OF CODE ORDINANCE #2020-03, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE (SNOW POLICY): Jay McDonald, Department of Public Works, stated the proposed changes reflect updates to terminology and procedures, and he referenced the revised language under Section 8-1-20.B to address suggestions from the Board, which he read for the record. Mr. McDonald noted the revisions were also reviewed by Steve Reams, Sheriff; Bruce Barker, County Attorney; Mike Wallace, Director of Minutes, Monday, January 20, 2020 Page 2 2020-0243 BC0016 Public Safety Communications; David Springer, Department of Fleet Services; and Roy Rudisill, Director of the Office of Emergency Management. No public testimony was offered concerning this matter. The motion to approve Code Ordinance #2020-03 on First Reading, was made by Commissioner Moreno, seconded by Commissioner James, aril it carried unanimously. El PROCLAMATIONS (CONT'D): 1) ERIE TIGERS DAY, GIRLS SOFTBALL TEAM - JANUARY 20, 2020: Vanessa Smith, Head Coach, thanked the Board for recognizing the team's hard work. Katherine `Kat' Sackett, Team Captain, and the other members of the team introduced themselves and the position they played. Haley Finleon, Assistant Coach, also expressed her appreciation to the Board for honoring the team's accomplishment. The Commissioners, in turn, congratulated the team and encouraged the players to remember the commitment, teamwork and fun they had in accomplishing their goals, as well as commending them for being leaders in their school. (Clerk's Note: The group gathered for a photo opportunity.) PLANNING: 1) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LANCE RAUSCH: Karin McDougal, Assistant County Attorney, reviewed the Court Order which imposed daily penalties, beginning on January 26, 2017, and noted the property owner has continued to bring additional items onto the property, including a house which was previously the subject of an abatement violation in Larimer County. Ms. McDougal stated the penalties have not been effective; therefore, staff is requesting authorization to proceed with an injunction through District Court. Bethany Pascoe, Zoning Compliance Officer, displayed photographs of the site. Lance Rausch, property owner, described his efforts to screen the property, including installation of a wooden fence to replace the material portion which was blown down; however, he asserted the additional stipulations imposed by staff have been a challenge. He also explained his work was halted during the summer due to the installation of a pipeline across the property. Mr. Rausch stated, once this violation is resolved, he intends to get a building permit to renovate the house within the constraints of a limited income. He noted the two mobile homes shown in the pictures were abandoned at his property and he is not sure how to resolve their removal. In response to Commissioner Moreno, Mr. Rausch reiterated his plan to obtain a building permit to remodel the house to serve as his residence. Chair Freeman stated the pictures do not reflect adequate screening and the primary solution is to remove the non -compliant materials. Ms. Pascoe confirmed the property is located in Weld County, and explained the house was previously deemed an abatement of dangerous building in Larimer County and Mr. Rausch chose to move it to the subject property. Responding to Commissioner James, Ms. Pascoe confirmed this violation has been in process for more than three (3) years, she sends monthly letters to remind individuals that the daily penalties continue to accrue, and she further clarified the assorted materials used for screening are not approved and have been falling down. Commissioner Moreno commented there is evidence that staff has taken all possible means to work with the property owner to remedy the violation; however, despite clear instruction, the necessary measures have not been followed. Responding to Commissioner James, Ms. McDougal explained the case was heard in County Court to establish the penalties, which are then eligible for certification against the property. She stated there is no appeal of the certification of penalties; however, if this matter is certified, staff is proposing to dismiss the request for further penalties in County Court because that approach does not seem to be working. Instead, they intend to go to District Court to pursue a permanent injunction, and Mr. Rausch would be afforded due process to discuss his case in court. Commissioner James moved to approve said Certification as a Special Assessment and authorize staff to proceed with the matter in District Court. Commissioner Moreno seconded the motion, and it carried unanimously. Minutes, Monday, January 20, 2020 Page 3 2020-0243 BC0016 2) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHRISTINA ELAM AND DONALD HARRIS: Ms. McDougal reviewed the existing Court Order for daily penalties and provided a brief summary of the previous assessments. She stated despite numerous attempts, staff has had no response from the property owner since the court hearing and she recommended certification of the penalties as a special assessment. Ms. Pascoe displayed photographs of the site and provided a brief description of the various mobile homes being used as residences. She also noted that although the site is fenced, it is not allowed because the property is in the floodplain. Chair Freeman confirmed the property owner was not present. Commissioner Moreno moved to approve said Certification as a Special Assessment. The motion was seconded by Commissioner James, and it carried unanimously. El 3) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE LOPEZ: Ms. McDougal requested a six (6) month continuance, because the property owner has obtained new legal counsel who indicated Mr. Lopez is committed to making a payment. Commissioner James moved to continue the matter to July 13, 2020, at 9:00 a.m. Commissioner Moreno seconded the motion, and it carried unanimously. 4) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHARLES BENNETT AND MANUEL GALLEGOS: Ms. McDougal reviewed the previous stipulations and assessments, and stated staff recommends certifying the accrued penalties as a special assessment against the property. Ms. Pascoe displayed photographs of the site. In response to Commissioner James, Ms. McDougal detailed the remaining issues of non-compliance. Manuel Gallegos, respondent, was present and he introduced his partner, Charles Bennett. He stated they have gone to court and have been working with staff to pay certain assessments. Mr. Gallegos further stated they have cleaned up various items and the court granted a three (3) -week extension, but complained that the County has never provided documentation of completion. In response to Commissioner Moreno, Mr. Gallegos asserted certain items have been corrected during the past five (5) days since the photographs were taken. Responding to Chair Moreno, Ms. McDougal confirmed the Site Plan Review (SPR) is in process but not completed, and Ms. Pascoe stated there are numerous outstanding conditions of approval and the permit was administratively approved April 22, 2019. Ms. McDougal explained the penalties are based on the violations (unscreened derelict vehicles and the non-commercial storage of tires and camper trailers), not the pending SPR. She also noted the respondents have been represented by legal counsel throughout the process and they filed in September to terminate the penalties; however, that request was dismissed and they were allowed to continue accruing, and she was uncertain how much time would be needed to correct the violations. Mr. Gallegos agreed to remove the tires and repair the fencing within the next two (2) weeks. Chair Freeman commented that if the work has not been completed within the past three (3) years, it is unlikely to be remedied within the next two (2) weeks. Commissioner James agreed and stated, regardless of whether the matter is certified or continued, the fines will continue to accrue until the Court Order is satisfied. Commissioner Moreno moved to approve said Certification as a Special Assessment. Seconded by Commissioner James, the motion carried unanimously. 5) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MELIHA SABANOVIC: Ms. McDougal reviewed the Court Order penalties for a non-commercial junkyard violation and stated staff recommends certifying the amount as a special assessment on the property. Ms. Pascoe displayed photographs of the site taken on January 15, 2020, and stated she did receive a phone call from the property owner at which time she explained the purpose of today's hearing. Chair Freeman confirmed the property owner was not present. The motion to approve said Certification as a Special Assessment, was made by Commissioner James, seconded by Commissioner Moreno, and it carried unanimously. Minutes, Monday, January 20, 2020 Page 4 2020-0243 BC0016 6) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GRACIELA QUINONEZ AND VERONICA GUTIERREZ: Ms. McDougal stated there is both a Building and a Zoning Violation on the property, and she reviewed the previous assessments, as well as staff's recommendation to certify the additional accrued penalties as a special assessment on the property. Hannah Dutrow, Building Compliance, displayed photographs of the site. Commissioner Moreno moved to approve said Certification as a Special Assessment. The motion was seconded by Commissioner James, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances #2020-01 and #2020-03 were 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 10:04 a.m. BOARD OF. COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dartAmd xl,D%(1 Weld County Clerk to the Board BY: Mike Freeman, Chair Steve Moreno, Pro-Tem eputy Clerk to the BoarEXCUSE onway cott James EXCUSED Barbara Kirkmeyer Minutes, Monday, January 20, 2020 Page 5 2020-0243 BC0016 ATTENDANCE *, ,LIST -o1O -nCJ 4-- 474 vitt, / a Me t\kica -3oh0p'- 'Mkci-i t— Pc\iow) \t? 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