HomeMy WebLinkAbout20181608.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 21, 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, May 21, 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
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Freeman moved to approve the minutes of the Board of County
Commissioners meeting of May 16, 2018, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on May 16, 2018, as follows: 1) 1MJUSR17-16-0029 — Reynaldo Bonilla.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
y= AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
BIDS:
El 1) PRESENT BID #61800099, JAIL BOILER REPLACEMENT - DEPARTMENT OF BUILDINGS
AND GROUNDS: Rob Turf, Department of Purchasing, reviewed the two (2) bids received and stated
staff will bring back a recommendation on June 4, 2018.
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• 2) PRESENT BID #61800077, CR 87 ROAD IMPROVEMENTS BETWEEN SH 34 AND CR 46.5 -
DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the five (5) bids received and stated staff will
back a recommendation on June 4, 2018.
OLD BUSINESS:
1) RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL
LICENSE - ANA M. LUCERO, DBA POLLO FELIZ (CONT'D FROM 5/14/2018): Frank Haug, Assistant
County Attorney, reviewed the renewal application process. He reported the applicant has had two (2)
suspensions within the last year, and indicated the second suspension was because she did not serve
the first suspension. Mr. Haug presented the Board with the options to renew or not renew the application.
• Ana Lucero, owner of Pollo Feliz, stated because of the language barrier she doesn't understand
the letters, but now her accountant reads the letters. Commissioner Cozad expressed her concerns with
Ms. Lucero staying in compliance with her permit. Chair Moreno clarified that Ms. Lucero stated she has
held the liquor license for two (2) years. Commissioner Kirkmeyer stated it is Ms. Lucero's responsibility
to make sure she follows the rules and stays in compliance with her license. Commissioner Conway
moved to renew the license and the motion was seconded by Commissioner Freeman. Commissioner
Conway stated it is important she follow the necessary steps to stay in compliance. Commissioner Cozad
stated she supports the motion, but she has concerns and Ms. Lucero should follow the rules and make
sure she stays in compliance without receiving a letter. There being no further discussion, the motion
carried unanimously.
NEW BUSINESS:
1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - OTTO FUCHS DRILLING
SOLUTIONS, INC.: Brenda Dones, Assessor's Office, stated staff is recommending a tax abatement of
$11,441.45, for tax year 2017. Commissioner Cozad moved to approve said abatement of taxes. The
motion was seconded by Commissioner Conway, and it carried unanimously.
• 2) CONSIDER CONTRACT ID #1812 AMENDMENT TO REGIONAL COMMUNICATIONS USER
AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN
VIEW FIRE RESCUE: Mike Wallace, Director of the Department of Public Safety Communications,
presented the amendment to the user agreement for wireless radio services, which included radio
maintenance and programming for Mountain View Fire Rescue. Commissioner Kirkmeyer moved to
approve said amendment and authorize the Chair to sign. The motion, which was seconded by
Commissioner Conway, carried unanimously.
• 3) CONSIDER CONTRACT ID #1817 AMENDMENT TO REGIONAL COMMUNICATIONS USER
AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - PAWNEE
FIRE PROTECTION DISTRICT: Mr. Wallace reviewed the terms of the amendment to the user
agreement for Pawnee Fire Protection District. Commissioner Freeman moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried
unanimously.
• 4) CONSIDER CONTRACT ID #1820 USER SERVICES AGREEMENT FOR FRONT RANGE
COMMUNICATIONS CONSORTIUM MASTER CORE SWITCH AND AUTHORIZE CHAIR TO SIGN -
UNIVERSITY OF NORTHERN COLORADO: Mr. Wallace presented the terms of the user agreement for
the University of Northern Colorado Police Department. Commissioner Cozad moved to approve said
agreement and authorize Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
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• 5) CONSIDER TEMPORARY CLOSURE OF CR 35 BETWEEN CRS 38 AND 40: Amy Joseph,
Department of Public Works, presented the temporary closure beginning June 4, 2018, through June 29,
2018, for bridge maintenance and a re -deck. She water will be used for dust abatement on the gravel
detour routes. Commissioner Freeman moved to approve said temporary closure. The motion was
seconded by Commissioner Cozad, and it carried unanimously.
• 6) CONSIDER TEMPORARY CLOSURE OF CR 70 BETWEEN CRS 41 AND 43: Ms. Joseph
reviewed the details of the temporary closure beginning June 5, 2018, through June 8, 2018, for the
replacement of a drainage culvert. She stated water will be used for dust abatement. Commissioner
Freeman moved to approve said temporary closure. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
PLANNING:
• 1) CONSIDER RECORDED EXEMPTION, RECX18-0032 - KENNETH AND BECKY
PENNINGTON: Ryder Reddick, Department of Planning Services, presented the proposal for a two (2)
lot Recorded Exemption. Mr. Reddick stated the applicants have already built a detached garage or shop,
which they converted into a second residence for their aging mother who needs increased assistance
due to medical conditions. He stated staff received a letter stating the landowners were not aware of the
code provision put in place in 2010, and they would like to divide off four (4) acres on the north end of
the property. He explained there is an active zoning violation on the property because of the shop building
being used as a second residence without the proper permit. Mr. Redditck displayed slides of the
proposed Lot A, and stated there isn't anyone currently residing in the shop. P3 Ken Pennington,
property owner, explained how the four (4) acres will look when they are split and stated they always
intended to build another home on their property. Commissioner Conway clarified the owners were not
aware of the code change until they addressed the zoning violation. Mr. Pennington stated they have
owned the property since 2007, and were not aware of the code change, but always intended on splitting
the parcel. Commissioner Kirkmeyer stated not being aware of a code change does not qualify as an
extenuating circumstance and confirmed the split could be done by completing a USR. Becky
Pennington, applicant stated their mother has several health issues and needs to live close.
Commissioner Kirkmeyer stated her findings and moved to approve said Recorded Exemption. The
motion was seconded by Commissioner Conway, and it carried unanimously.
• 2) CONSIDER RECORDED EXEMPTION, RECX18-0025 - BARBARA MCMILLAN AND JANET
SWANK: Michael Hall, Department of Planning Services, presented the request for a two (2) lot Recorded
Exemption. He stated the applicants would like to subdivide the 52.5 -acre parcel into two (2) equal lots.
He stated both parcels are vacant. Mr. Hall explained Lot A has utilities in preparation for a house and
Lot B is vacant with no utilities. He stated if the applicants would make Lot B larger than 35 acres planning
staff would be able to approve the Recorded Exemption, according to the Code. Mr. Hall stated the
Colorado Division of Water Resources has agreed to allow two (2) non -tributary wells and displayed
photos of the property. Janet Swank, property owner, explained she and her sister bought this property
40 years ago with the intention of using it as a retirement property. Barbara McMillian, property owner,
stated they have farmed this land for forty-two (42) years and believe the extenuating circumstances are
she and her sister are aging and have family close by to care for them. Commissioner Kirkmeyer
confirmed the applicants are willing to having a shared access. In response to Commissioner Kirkmeyer,
Mr. Hall stated Condition of Approval #2.B requires a shared access. Commissioner Cozad stated her
findings and moved to approve said Recorded Exemption. Seconded by Commissioner Conway, the
motion carried unanimously. Commissioner Conway concurred with Commissioner Cozad's reasons for
the hardship provisions. Commissioner Kirkmeyer suggested it is common sense to split the parcel into
two (2) equal lots and allow the applicants to split the property equally.
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(Clerk's Note: The Board recessed the meeting at 9:56 a.m. and reconvened at 10:01 a.m.)
3) CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW
PERMIT, USR12-0022 - ROBERT L. SELTZER FAMILY TRUST: Chris Gathman, Department of
Planning Services, stated the original USR was approved by the Board, in 2012, and staff received
complaints in July, 2017, but when staff visited the site they could not verify any commercial vehicle
storage. Staff, however, determined the landscaping was dead, or not growing well, which means the
applicant is not in compliance with Development Standards #1, 19, 25, and 26, of the USR. Mr. Gathman
stated there were some cows that had eaten the trees. Since that time the property owner has replaced
the trees which had died over the winter. He displayed the photo where the trees had been replaced and
stated the owner is having trouble growing trees on the north side. Mr. Gathman clarified the landscaping
is on the west side of the property, to the north of the entrance. = In response to Commissioner
Conway, Mr. Gathman stated on May 7, 2018, he and the property owner reviewed the process of the
landscaping. = Tim Seltzer, applicant, explained the trees were killed over the winter, so they replaced
them He stated he leased the land to a man who grazed his cows, and because of improper fencing, the
coow ate all the ornamental grass and the trees. He stated they changed the trees to a hardier variety so
they would grow faster and stronger. He does have a water service that comes twice a week to water the
trees. He explained a representative from the Tree Farm stated the trees the cows ate are still viable and
they could just plant new trees between them. = Louis Davis, attorney and representative of the
applicant, stated they have been relaying on the advice and expertise of the Tree Farm. In response to
Commissioner Cozad, Mr. Gathman stated the landscaping has been planted, except in the area on the
north side of the property. Mr. Seltzer stated they have maintained the landscaping, but his problem is
during the winter. Commissioner Cozad reiterated it is the property owner's responsibility to maintain his
landscaping, even though Mr. Seltzer received advice from a landscape expert. He stated he is at the
property at least once a week and his business partner is on site every day. Commissioner Conway
stated it is important the applicant is keeping in touch with the Planning Department. e Commissioner
Freeman stated it was a good decision to switch to Austrian Pines because they are a hardier tree
species. In response to Commissioner Kirkmeyer, Mr. Gathman stated the original landscaping plan
listed Western Hackberry, Common Purple Lilac, Rabbit Brush and Spartan Juniper, but the only item
planted from the landscaping plan is the Western Hackberry. Mr. Seltzer stated the Austrian Pines are
bigger when planted, and the trees need to be watered twice a week and when the weather is hot they
water the trees more. In response to Chair Moreno, Mr. Seltzer stated they keep a log on the watering of
the trees. = Commissioner Conway stated the applicant is doing everything in his control, but he has
run into some issues. Commissioner Kirkmeyer stated she is frustrated the landscaping is not providing
the proper screening, and the applicant can control the cows and how much the landscaping is watered.
Commissioner Freeman stated they need to allow time for the trees to grow, but it has been demonstrated
that the applicant is trying to improve the landscaping. eCommissioner Cozad stated she is concerned
how to mitigate the concerns of the neighbors, but she would be willing to dismiss this matter, because
the applicants have made attempts to improve the screening. Chair Moreno stated the trees were planted
in 2012, and this has been on -going for six (6) years and the lilac bushes would be as tall as the fence,
if they were watered and maintained. = Commissioner Conway moved to dismiss the matter, which
was seconded by Commissioner Freeman. Commissioner Kirkmeyer stated she will not support the
motion and would like to see an approved landscaping plan. Commissioner Cozad stated there is
Probable Cause because the landscaping has not been maintained and they are in violation of DS #25.
She stated she would like to see an updated landscape plan that is approved by the Department of
Planning Services. = Upon a roll call vote, Commissioner Conway's motion was denied three to two,
with Chair Moreno, and Commissioners Cozad and Kirkmeyer opposed. Commissioner Cozad moved
to set a Show Cause Hearing for October 29, 2018, at 9:00 a.m., and stated the landscaping on -site is
Minutes, Monday, May 21, 2018
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not consistent with the landscaping plan that was submitted to the Department of Planning Services;
therefore, he is not in compliance with Development Standard #25. The motion was seconded by
Commissioner Kirkmeyer, and upon a roll call vote the motion passed three to two, with Commissioner
Conway and Freeman being opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
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 10:47 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiL) d ,44
Weld County Clerk to the Board
BY:
Deputy Clerk to the
Ste Moreno, Chair
Minutes, Monday, May 21, 2018
Page 5
2018-1608
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ATTENDANCE LIST
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