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Home My WebLink About20182527.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 8, 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, August 8, 2018, at the hour of 9:00 a.m. G. 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-Tem 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 12 MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of August 6, 2018, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. Ei AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add the following to New Business: 7) Consider Memorandum of Understanding Regarding Railroad Facility Improvements and authorize Chair to sign — Town of LaSalle and Union Pacific Railroad Company. Seconded by Commissioner Conway, the motion carried unanimously. la 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. NEW BUSINESS: el 1) CONSIDER CONTRACT ID #2014 INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND SUPPORT AND AUTHORIZE CHAIR TO SIGN - DACONO POLICE DEPARTMENT: Josh Thimgan, Department of Information Technology, presented the terms of the Intergovernmental Agreement with the Dacono Police Department to utilize on Weld County's Spillman Program for records management. Commissioner Conway moved to approve said Intergovernmental Agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, August 8, 2018 Page 1 2018-2527 BC0016 El 2) CONSIDER CONTRACT ID #1897 INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND SUPPORT AND AUTHORIZE CHAIR TO SIGN - EVANS POLICE DEPARTMENT: Mr. Thimgan presented the Intergovernmental Agreement to allow Evans Police Department to utilize the records management component of Weld County's Spillman program. Commissioner Cozad moved to approve said Intergovernmental Agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 3) CONSIDER RELEASE OF LIEN FOR SPECIAL ASSESSMENT OF DAILY PENALTIES FOR A ZONING VIOLATION — 1138 CR 33.5, BRIGHTON, COLORADO: Karin McDougal, Assistant County Attorney, requested the lien be released because the property is being sold, the penalties have been paid, and the property was brought into compliance. Commissioner Conway moved to approve said release of lien for a Special Assessment. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ID 4) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — ABEL VEGA: Ms. McDougal presented the request to certify penalties against the property owner, for the total amount of $18,100.00. She explained the violation is a non -conforming Residential use in an Industrial Zone District No public testimony was offered concerning this matter. Commissioner Conway stated he doesn't agree with imposing penalties on a property owner. He stated his concern is that if the property ever went to a tax sale the owner could lose the property. Commissioner Cozad explained staff works with property owners to come into compliance and this property has been out of compliance since 2015, with no evidence of any effort to bring the property into compliance. In response to Commissioner Kirkmeyer, Ms. McDougal stated the landowner had previously been certified. Commissioner Cozad moved to approve said Certification to the Weld County Treasurer. The motion, which was seconded by Commissioner Kirkmeyer, and upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. 5) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHRISTINA ELAM AND DONALD HARRIS: Ms. McDougal presented the request to cerify penalties against the property owners for violations concerning the use of recreational vehicles as residential purposes. Commissioner Freeman moved to approve said Certification to the Weld County Treasurer. Seconded by Commissioner Kirkmeyer, and upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed. ki 6) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LANCE RAUSCH: Ms. McDougal presented the request to cerify penalties against the property onwer for violations. Lisa Carpenter, Sheriff's Office Deputy stated they responded to the property several times related to criminal activity, they have recovered stolen property and responded to a weapons call. Bethany Pascoe, Zoning Compliance Officer, stated she has notified the adjacent property owner that there is junk spilling over the property line. 0 Lance Rausch, property owner and resident of Milliken, stated he is working to evict the current tenants who are running a recycling business and residing on the property. He stated he was not previously aware of the criminal activity on the property. In response to Commissioner Cozad, Mr. Rausch stated he understood that once he had screening from the road, then the property was in compliance. He stated he is out-of-state most of the time assisting his elderly parents, and he has obtained an attorney to evict the individuals squatting on the property and to advise him on the violation. In response to Commissioner Cozad, Mr. Rausch stated he is requesting a continuance, so his attorney can be present. Ms. McDougal stated the attorney, Mr. Janklow, has requested September 12, 2018. Commissioner Kirkmeyer stated her frustration is this Minutes, August 8, 2018 Page 2 2018-2527 BC0016 property has been in violation for two (2) years and there have been no attempts to rectify the violations and there needs to have a permit for the recycling business. Mr. Rausch stated he has been trying to remove tenants off the property. In response to Commissioner Conway, Ms. McDougal stated if this matter is continued she will reach out to Mr. Rausch's attorney. She clarified he appeared in court earlier this year and requested a continuance to hire an attorney. Commissioner Cozad stated Mr. Rausch is not being a responsible landowner. Mr. Rausch explained imposing a fine is not the effective way to handle this matter and eventually he would like to build out there. He reported there are 20 mobile homes being stored on the property. Commissioner Cozad agrees staff works with property owners, but this property needs to be brought into compliance. Commissioner Kirkmeyer reiterated the attorney was not hired in 2016, and Mr. Rausch went to court in January without an attorney. e Fred Levitt, surrounding property owner, stated the violations are getting worse, there is an increase in the noise, junk and activity, and as a result, his property value has gone down. Ms. Pascoe pointed out the location of the property boundaries between Mr. Rausch and Mr. Levitt's land. el Commissioner Kirkmeyer explained she is not in support of continuing this matter. She stated Mr. Rausch has been allowing camping and criminal activity on the property. She further expressed her frustration with the property owner allowing the expansion of a non-commercial junk yard, ans remaining out of compliance for two (2) years. Ms. McDougal confirmed an attorney has been retained. Commissioner Conway stated adding more fines will not help the landowner come into compliance. Commissioner Freeman stated it is important to get the property cleaned up, and he believes the property owner has been aware of the violations and the obvious criminal activity occurring on the property, and because of those reasons he is willing to assess a fine on September 12th. Chair Moreno stated he would like to see this property cleaned up and the criminal activity cease. He encouraged Mr. Rausch to make a substantial effort to clean up the property and evict the current tenants. 0 In response to Commissioner Kirkmeyer, Mr. Barker stated once the penalty is certified there is an obligation for it to go to the Treasurer's Office. She explained, since the property owner has allowed expansion of the junk, she believes the next step is to assess a fine. Commissioner Cozad stated there has been disregard for the neighbor's safety and the zoning requirements, and if there is continued issues with law enforcement, she will support imposing an assessment. Commissioner Cozad moved to continue said matter to September 12, 2018. The motion was seconded by Commissioner Conway. Upon a roll call vote the motion passed four to one, with Commissioner Kirkmeyer opposed. In response to Commissioner Kirkmeyer, Deputy Carpenter stated they discovered the stolen property while responding to a call. 7) CONSIDER MEMORANDUM OF UNDERSTANDING REGARDING RAILROAD FACILITY IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - TOWN OF LASALLE AND UNION PACIFIC RAILROAD COMPANY: Elizabeth Relford, Department of Public Works, presented the agreement with the Union Pacific Railroad which will contribute $750,000.00, as part of a DOLA match; the Town of LaSalle will apply for the grant and the County will facilitate the design of a connector road. Commissioner Kirkmeyer stated this has been a project that has been in the works for several years. Commissioner Conway agrees this has been a huge issue for the Town of LaSalle and it is an important project. Commissioner Kirkmeyer moved to approve said memorandum of understanding and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. 8) CONSIDER CONTRACT ID #2036 ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT AGREEMENT FOR DESIGN AND FLOODPLAIN ANALYSIS FOR CR 39 CONNECTOR PROJECT (TIER I) AND AUTHORIZE CHAIR TO SIGN: Ms. Relford reviewed the terms of the agreement and explained the project will the cost $440,000.00, the DOLA grant will be $200,000.00, and the County's match will be $240,000.00. She stated most of the funds will go to floodplain analysis to decide the location of the roadway. Commissioner Cozad thanked Ms. Relford for her hard work putting the grants together. She also thanked Commissioner Kirkmeyer for her tremendous Minutes, August 8, 2018 Page 3 2018-2527 BC0016 work with the Town of LaSalle. Commissioner Cozad moved to approve said agreement and authorize Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. 9) CONSIDER TEMPORARY CLOSURE OF CR 87 BETWEEN U.S. HIGHWAY 34 AND CR 42.5: Mike Bedell, Department of Public Works, presented the details of the temporary road closure effective August 13, 2018, through August 20, 2018, for roadway repairs. The motion, which was made by Commissioner Freeman, and seconded by Commissioner Cozad, carried unanimously. 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 10:06 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daufLek) ,aC,&O;t, Weld County Clerk to the Board BY Deputy Clerk to the Board Steve Moreno, Chair Mike Freeman Minutes, August 8, 2018 Page 4 2018-2527 BC0016 ATTE DAN EpLIST DATE: I I O NAME - PLEASE PRINT LEGIBLY EMAIL i ADDRESS COUNTY OF RESIDENCE SPEAKING? (Y/N) 31 I ( l-,Ac) h e 5 t )h L1 h es FAQ/ _h 573-1/ z�J, /D - � �f We id ye., 7, Cc�M $1 act C yr?e1e el bbL:, , -',A,h (/‘1\ l' 0, o L (.6* �� l�� ck�, Cr.��Vahs g°L�2t1 , � � - �1 � -Q `/'e -'3-' �C:� ��Gt�' l I\ c,,2 09 w c elkii, col, 21--11q C A '16 L ACA -1C `_ / A C P i V/ //-- G.7'l/' -C / ''1C%Je /O(')f C k -"(U5^`'/!! /17d�( I /7/(( -1 CQ QI> l'(! F----7 (/ f � ATTENDANCE LIST DATE: .-N-, f' NAME - PLEASE PRINT LEGIBLY EMAIL ADDRESS COUNTY OF RESIDENCE SPEAKING? (Y/N) �'- �'t � � GOp t tc�O 3 7 S (L Al y a Ca V y I in �Iyc�c� �xu � I ma, . ean4 31 SNK �h,,,y SL.( Ki j vl&( d Hello