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Home My WebLink About20180314.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 29, 2018 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 29, 2018, 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 Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern — arrived at 9:02 a.m. Commissioner Sean P. Conway - EXCUSED Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Senior Accountant, Chris D'Ovidio El MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County Commissioners meeting of January 24, 2018, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on January 24, 2018, as follows: 1) 1MJUSR178-15-0019 — Anne Backstrom, do Community Power Group, LLC, and 2) USR17-0058 — Victoria Bellah and Leif Johnsen. Commissioner Cozad seconded the motion, which carried unanimously. (Clerk's Note: Commissioner Kirkmeyer arrived at 9:02 a.m.) • AMENDMENTS TO AGENDA: There were no amendments to the agenda. El CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. El PUBLIC INPUT: No public input was given. BIDS: 1) APPROVE BID #61800025, 6 -INCH TRASH PUMP - DEPARTMENT OF PUBLIC WORKS (CONT'D FROM 1/24/2018): Rob Turf, Department of Purchasing, presented the three (3) bids received 3/ co Minutes, January 29, 2018 Page 1 2018-0314 BC0016 and stated staff recommends awarding to the second low bidder, Wagner Rents, for $38,895.80. Commissioner Freeman moved to approve second low bid. The motion was seconded by Commissioner Cozad, and it carried unanimously. 2) PRESENT BID #B1800049, EXT. CAB "MIDSIZE" LONG BOX PICKUP - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf presented the three (3) bids received and stated staff will bring back a recommendation on February 12, 2018. NEW BUSINESS: 1) CONSIDER CONTRACT ID #1582 AGREEMENT FOR RESPITE CARE SERVICES AND AUTHORIZE CHAIR TO SIGN — REGAN DENNEY: Jamie Ulrich, Deputy Director of the Department of Human Services, reviewed the terms of the agreement for Regan Denney to provide respite care services. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Commissioner Cozad thanked Ms. Ulrich for her time commitment to the Foster Family Respite Care Provider agreements. • 2) CONSIDER CONTRACT ID #1588 AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - YOUTH ADVOCATE PROGRAMS, INC.: Ms. Ulrich presented the agreement for wraparound aftercare services with Youth Advocate Programs, Inc. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 3) CONSIDER CONTRACT ID #1542 AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - ROXANNE THOMPSON: Ms. Ulrich presented the terms of the agreement for Roxanne Thompson to conduct home studies for potential Foster parents. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. El 4) CONSIDER CONTRACT ID #1565 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - TASHA AND THOMAS TUCKER: Ms. Ulrich presented the terms of the contract for Tasha and Thomas Tucker to become certified Foster Care Parents. Commissioner Cozad moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. El 5) CONSIDER CONTRACT ID #1604 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - TANNIS JENNINGS AND JOSEPH DERICK JENNINGS: Ms. Ulrich presented the terms of the contract for Tannis Jennings and Joseph Derick Jennings to become Foster Care Parents. Commissioner Freeman moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 6) CONSIDER CONTRACT ID #1606 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - LIESL AND COREY WESTHOLMES: Ms. Ulrich presented the contract allowing Liesl and Corey WestHolmes to become certified Foster Care Parents. Commissioner Kirkmeyer moved to approve said contract and authorize Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. El 7) CONSIDER RENEWAL APPLICATION FOR A VINTNER'S RESTAURANT (COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN — RIVER GARDEN WINERY, LLC, DBA RIVER GARDEN Minutes, January 29, 2018 Page 2 2018-0314 BC0016 WINERY: Frank Haug, Assistant County Attorney, presented the renewal application and noted there are no concerns and recommends approval. Commissioner Cozad moved to grant said license renewal and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 8) CONSIDER COUNTY DANCE HALL LICENSE NUMBER 391 AND AUTHORIZE CHAIR TO SIGN — RIVER GARDEN WINERY, LLC, DBA RIVER GARDEN WINERY: Mr. Haug presented the Dance Hall application to be used for events in April and June of 2018 and recommends approval. Commissioner Freeman moved to grant said dance hall license and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. la 9) CONSIDER CONTRACT ID #1611 AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR BRIDGE 68/59A AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LARSON FARMS, LLC: Don Dunker, Department of Public Works, presented the agreement for the total amount of $74,000.00. Commissioner Cozad moved to approve said agreement and authorize Chair to sign all necessary documents. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. la 10) CONSIDER CONTRACT ID #1644 AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR CERTAIN IMPROVEMENTS TO CR 53 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - JOANNE HECKENDORF: Clay Kimmi, Department of Public Works, presented the agreement for three (3) temporary construction easements for the total amount of $307.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 11) CONSIDER CONTRACT ID #1646 AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENTS FOR CERTAIN IMPROVEMENTS TO CR 53 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - JOANNE HECKENDORF: Mr. Kimmi presented the agreement for permanent right-of-way and two (2) permanent easements. He explained this is required for the CR 53 bridge replacement project and the total amount is $33,293.00. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion, which was seconded by Commissioner Freeman, carried unanimously. 12) CONSIDER CONTRACT ID #1645 AGREEMENT CONCERNING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 53 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - ALACON COLORADO, LLC: Mr. Kimmi reviewed the terms for the temporary construction agreement easement for the total amount of $330.00. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Freeman, and it carried unanimously. CE 13) CONSIDER EMERGENCY TEMPORARY ROAD CLOSURE OF CR 42.5 FROM CR 93 EAST TO HIGHWAY 144 IN MORGAN COUNTY: Amy Joseph, Department of Public Works, presented the emergency closure due to the failure of a culvert that crosses the roadway. She stated the closure will be effective January 29, 2018, through February 2, 2018. Commissioner Kirkmeyer moved to approve said emergency temporary closure. Seconded by Commissioner Cozad, the motion carried unanimously. Minutes, January 29, 2018 Page 3 2018-0314 BC0016 • 14) FINAL READING OF CODE ORDINANCE #2017-10, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 30 ONSITE WASTEWATER TREATMENT SYSTEMS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2017-10 by title only. The motion was seconded by Commissioner Cozad, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Katie Sall, Department of Public Health and Environment, stated there have been no changes since the second reading. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve on final reading. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 15) SECOND READING OF CODE ORDINANCE #2018-01, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS - ARTICLE VIII - CERTIFICATES OF DESIGNATION, OF THE WELD COUNTY CODE: Commissioner Freeman moved to read Code Ordinance #2018-01 by title only. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Bob Choate, Assistant County Attorney, presented the second reading of the Certificates of Designation Code Ordinance, and stated these changes were discovered in a work session with the Board. No public testimony was offered concerning this matter. Commissioner Cozad stated it is important to note that the whole section for Certificate of Designations is new and added to explain the process more clearly. Commissioner Cozad moved to approve on second reading. The motion, which was seconded by Commissioner Freeman, carried unanimously. PLANNING: la 1) CONSIDER ZONING PERMIT, ZPHB17-0004, FOR A HOME OCCUPATION - CLASS II (LANDSCAPING BUSINESS OFFICE AND PARKING FOR TWO (2) COMMERCIAL VEHICLES AND TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - CAMILLE TORREZ AND SALVADOR PANIAGUA: Michael Hall, Department of Planning Services, presented the request for a Home Occupation Zoning Permit, for a landscaping business office and parking for two (2) commercial vehicles, along with other materials related to the landscaping business. Mr. Hall reported there is an active zoning violation, ZCV17-00187, initiated in July of 2017. He stated this is due to operating a landscaping company with commercial vehicles, semi -trailer being used as storage and a non-commercial junkyard, with derelict vehicles without applying for appropriate permits. Mr. Hall reported this case has not yet been reported to the County Attorney's Office, but approval of this application would correct a portion of the violation. If the application is denied, staff requested this matter be referred to the County Attorney's Office for immediate legal action. He presented the concerns from the surrounding property owners. He reviewed staff's recommendations that the perimeter of the site be fully screened by a minimum height of six (6) foot opaque wood fence and the USR be non-transferrable. Mr. Hall then displayed a slide presentation showing the site. In response to Commissioner Kirkmeyer, Mr. Hall stated the applicants were given the option to apply for a Use by Special Review Permit, but decided to apply for the Class II, Home Occupation Permit. • In response to Chair Moreno, Mr. Hall stated there were 44% property owners, seven out of sixteen neighbors who expressed opposition to the Home Occupation permit. • In response to Commissioner Kirkmeyer, Mr. Hall explained the neighbors have expressed frustration about the height of the current fence and not the fencing quality. • Camille Torrez and Salvador Paniagua, property owners, stated the fence is stable, is ten (10) feet tall and is constructed with posts three (3) feet in the ground with concrete. Ms. Torrez reviewed for the Board the contents on the parcel. In response to Commissioner Cozad, Mr. Salvador stated the entire Minutes, January 29, 2018 Page 4 2018-0314 BC0016 fence will be constructed by mid -summer, June or July 2018. Ms. Torrez stated they both reside on the property and moved there in January 2017. Ms. Torrez stated they didn't know they needed a business license and have had communications with the neighbors. She explained most of their business is conducted in Denver. She expressed it is important to them to make their neighbors happy. • Patrick Sickles, adjacent property owner, stated he would like to see the property owner comply with the existing zoning laws and he is opposed to the semi -trailer stored on the property and the derelict vehicles, which he feels lowers his property value. Mr. Sickles stated he is opposed to the application because of the junk vehicles. • In response to Commissioner Kirkmeyer, Mr. Sickles stated the ten (10) foot fence does not hide the derelict vehicles and the trailer and the recreational vehicle is visible above the top of the fence. • Katy Sickles, adjacent property owner, expressed her frustration with all the junk stored on the property and is concerned with the possibility of declining property values. She stated she has concerns mostly with the fire wood and wood shavings being stored on the property, because of health concerns and fire danger. She explained when she goes outside to sit on her porch, she can see the top of the semi -trailer, a motor home and a porta potty. She asked that the property owners consider how the junk vehicles affect their surrounding neighborhood. Jerry Drumright, adjacent property owner, expressed his frustration about living next to a junkyard. He has resided at his residence for over 20 years and hopes the Board is able to give the neighbors relief from the issues. In response to Chair Moreno, Mr. Drumright stated he has not had any communication with Ms. Torrez and Mr. Paniagua about his concerns regarding their property. • In response to Commissioner Kirkmeyer, Mr. Drumright stated the adjacent neighbor to the north of him has eight (8) acres and rents the house on the lot. He stated the applicants do not have a large enough lot to store all the non-commercial junkyard vehicles and materials. • Ms. Torrez stated they are trying to screen the rest of the property and they are willing to work with the neighbors and move the semi -trailer and derelict vehicles to the other side of the property. tD In response to Commissioner Cozad, Mr. Hall clarified the definition of Home Occupation and explained the items being stored on the exterior are not related to the business and firewood cannot be used for their business in any way. He stated the issues with the non-commercial junkyard and the semi- trailer and explained they are not related to the zoning permit. In response to Commissioner Cozad, Mr. Hall explained since the applicants are in the agricultural zone, the Use by Right allows applicants to have a non-commercial junkyard, if there is screening. He stated the Planning Staff did not investigate to see if the recreational vehicle was operable, but the personal vehicles need to be in running condition and have current license plates. • Mr. Paniagua stated the recreational vehicle will be sold soon and currently has expired plates. Commissioner Cozad stated it meets the requirements of a derelict vehicle. In response to Commissioner Cozad, Mr. Hall addressed Section 23-1-90 Home Occupation e., stating all items listed in the definition are not explicitly on the site, as far as relating to an off -site nuisance. Minutes, January 29, 2018 Page 5 2018-0314 BC0016 • In response to Commissioner Kirkmeyer, Mr. Hall stated Bethany Pascoe, Zoning Compliance Officer, is working on the violation for the non-commercial junkyard; however, it is not part of the approval process for the Class II, Home Occupation. 127 Commissioner Cozad clarified the applicants don't have plans to have additional employees and Mr. Hall explained under the Home Occupation permit, the applicants can have up to two (2) external employees, in addition to the residents in the home. He clarified the rest of the definition pertaining to the Home Occupation permit, stating the applicants can use 50% of the space for the home business activities. • In response to Commissioner Cozad, Mr. Hall clarified the applicants have 60 days to get the home business permit recorded and it is at the discretion of Ms. Pascoe to how many days the applicants will have to address the violation. la In response to Ms. Torrez, Commissioner Kirkmeyer explained because of Condition #9, it will require the applicants to have screening up within 60 days of the permit. She clarified the Home Business happens within the home and they can have two (2) commercial vehicles parked on the property. ki Bruce Barker, County Attorney, explained this facility needs to be in compliance with the zoning ordinance and Condition # 9 accomplishes that. la In response to Commissioner Cozad, Ms. Torrez stated the wood on the property is for personal use only. Commissioner Cozad stated the applicants need to understand they cannot create a nuisance condition for the surrounding property owners, and this includes the firewood they are storing. la In response to Commissioner Kirkmeyer, Ms. Torrez stated the fence can be constructed within 60 days. She stated the neighbors are concerned because the property looks like a non-commercial junkyard. Ms. Torrez stated the semi -trailer will be moved to the other side of the property and they will remove the derelict vehicles. la In response to Commissioner Cozad, Mr. Hall stated the Class II, Home Occupation permit does not contain a requirement for materials used for screening or landscaping. • In response to Commissioner Cozad, Mr. Barker stated the screening is a remedy for the other zoning violation, which is a non-commercial junkyard, but there isn't a requirement as to the type of fencing material. • In response to Commissioner Cozad, Wendi Inloes, Department of Planning Services, stated staff requests that the applicant submit their proposed fencing material before construction through the violation process. • Commissioner Kirkmeyer stated she would like to require a screening plan, because sometimes the material used for the screening looks worse than the items which need to be screened. She required that the porta potty, recreational vehicle and the derelict vehicles be removed and the applicants can screen the other miscellaneous items. ▪ In response to Ms. Torrez, Commissioner Kirkmeyer explained if they reduce the junk from the property and confine the non-commercial junkyard to a smaller area, it won't need to be screened. Minutes, January 29, 2018 Page 6 2018-0314 BC0016 eg Commissioner Cozad suggested adding a condition that the wood is for personal use only. • Mr. Barker suggest adding that a screening plan be required to be submitted to the Department of Planning Services, within ten (10) days of their approval of the permit, for the approval, prior to screening being erected. He added Condition #19 that wood stored on the property shall be for private use only. He additionally added Condition #20, which states, "The existing porta potty shall be removed within ten (10) days of the approval of the permit." • In response to Commissioner Cozad, Mr. Barker suggested changing the language of Condition #6 to state "The business shall be conducted by the inhabitants of the dwelling only." CE Commissioner Cozad moved to grant zoning permit, ZPHB17-0004, for a Home Occupation, Class II with the Conditions in the Resolution as revised in the hearing today. The motion was seconded by Commissioner Freeman, and it carried unanimously. ID 2) CONSIDER ZONING PERMIT, ZPAS17-0002 FOR ACCESSORY STORAGE, FOR A SEMI- TRAILER TO BE USED FOR PERSONAL STORAGE IN THE A (AGRICULTURAL) ZONE DISTRICT - CAMILLE TORREZ AND SALVADOR PANIAGUA: Wendi Inloes, Department of Planning Services, stated the applicants would like a zoning permit to use a semi -truck for personal storage in the A (Agricultural) Zone District. She stated the concerns from the surrounding property owners are declining property values. She also advised this parcel has an active violation for a non-commercial junkyard. • Ms. Torrez explained a solution would be to move the semi -trailer to the north side of the property, so it wouldn't impact the surrounding neighbors. ID Mr. Sickles stated the trailer is an eye sore and he has witnessed birds fly into the trailer. In response to Commissioner Kirkmeyer, Mr. Sickles stated moving the trailer to other side of the property would be acceptable, but then it will be an eye -sore for someone else. IR Mr. Drumright stated he believes the trailer is not serving a purpose and because of birds nesting inside the trailer it probably should not be used for personal use; therefore, he doesn't want the trailer stored on the property. • Ms. Sickles stated if the applicants move the trailer to the north, it will impact the employees at Anadarko and since the trailer is being used for storage, it will reflect negatively on the Town of Platteville, the surrounding neighbors, and Weld County. • Cheryl Drumright, surrounding property owner, stated she doesn't think the semi -trailer being moved to the north side of the property is a good solution and she will still be able to see it. CI Mr. Paniagua stated he wants to be a good neighbor and understands the neighbors' frustration. He explained he will try to clean up the property, but he needs to use the semi -trailer as personal storage. • Commissioner Cozad stated she isn't in support of the semi -trailer being used on the property and understands he is using it to store his personal property; however, this is a small lot and there is not a proper way to screen the trailer. Minutes, January 29, 2018 Page 7 2018-0314 BC0016 Commissioner Kirkmeyer stated she is not in agreement with the semi -trailer being parked on the property, because it is not compatible with the neighborhood. Commissioner Kirkmeyer moved to deny Zoning Permit, ZPAS17-0002, and refer this matter to the County Attorney's Office for legal action within 30 -days. The motion, which was seconded by Commissioner Cozad, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2017-10 was approved on Final Reading and Code Ordinance #2018-01 was approved on Second 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 10:37 a.m. BOARD OF COUNTY COMMISSIONERS WELQ COUNTY, COLORADO ATTEST: ditic44) G Jiddo•e,k. Weld County Clerk to the Board Deputy Clerk to the B 42_ ,9*-Ze7'1--CLt•-•••••Li— Steve Moreno, Chair arbara Kirkmeyer, ro-Tem / EXCUSED Sean P. Conway tie A. Cozad Mike Freeman Minutes, January 29, 2018 Page 8 2018-0314 BC0016 ATTENDANCE LIST DATE: \ + fl NAME - PLEASE PRINT LEGIBLY EMAIL I t ADDRESS COUNTY OF RESIDENCE SPEAKING? 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