HomeMy WebLinkAbout20171627.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 24, 2017
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 24, 2017, 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 Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway — EXCUSED at 9:31 a.m.
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Amanda Petzold
Controller, Barbara Connolly - EXCUSED
IR MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of May 22, 2017, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
▪ AMENDMENTS TO AGENDA: There were no amendments to the agenda.
le CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PROCLAMATIONS:
ei 1) MEMORIAL DAY - MAY 29, 2017: Chair Cozad read the proclamation into the record. She
added Commissioner Moreno will be at Linn Grove Cemetery, Monday, May 30, 2017, at 9 a.m., to read
the proclamation on behalf of the Board.
• PUBLIC INPUT: No public input was given.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway attended the 100th
anniversary of the Greeley Rotary Club. He stated the international president, John F. Germ, was present
and also visited the Poudre Learning Center. He commended all the people who worked to put on the
event. Commissioner Freeman attended the Fly Day at the Greeley/Weld County Airport, which had a
great turnout. Commissioner Kirkmeyer attended an event in the Town of Kersey, where the Governor
was present and the announcement of the Pedal the Plains event was made. She attended an event for
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1-25 with Shailen P. Bhatt, Executive Director of Colorado Department of Transportation (CDOT), and
spoke on the importance of transportation infrastructure to the economy and the needs for transportation.
She commented on the Court House 100th Anniversary, scheduled for June 30, 2017, and stated David
Long, former Weld County Commissioner, will sing the National Anthem. She also announced the Board
of Commissioners will be at the Court House on June 2, 2017, to discuss the history of the Court House,
and other events going on during that time period. Lastly, she advised she will be absent on June 5, 2017,
for pre-CCI (Colorado Counties, Inc.) business. Commissioner Moreno congratulated Chair Cozad on
the organization of the celebration for the Centenarians. He attended the Northern Economic Coalition
Alliance (NECA), where the transportation conversation continued. Lastly, he attended Robert Earl
White's funeral. He explained Mr. White was part of the Home Rule Charter Committee, who was elected
to help form the Charter which governs Weld County today, and expressed Mr. White will be greatly
missed. Chair Cozad mentioned the Board was thanked by the 4H Leadership Greeley Program for their
participation. She reported on the Commission on Aging meeting, which was held in Weld County this
year. She commented on the Centenarian Celebration, and stated it was a great event. Lastly, she further
commented on the NECA event in Windsor, and stated there was a lot of leadership present and the
event went well.
BIDS:
1) APPROVE BID #B1700085, PANASONIC CF -31 TOUGHBOOKS - DEPARTMENT OF PUBLIC
SAFETY INFORMATION TECHNOLOGY: Jack Statler, Department of Public Safety Information
Technology, stated six (6) bids were received, and staff recommends awarding to the low bidder, New
Tech Solutions, Inc., for the total amount of $111,350.00. Mr. Statler stated there was no added value in
going with the local bidder. He further stated this bid is the one the Sheriffs Office prefers. The motion,
which was made by Commissioner Kirkmeyer, and seconded by Commissioner Moreno, carried
unanimously.
NEW BUSINESS:
1) CONSIDER ATTESTATION STATEMENT FOR ACCEPTANCE OF CHILD WELFARE
ALLOCATION AWARD AND AUTHORIZE THE CHAIR TO SIGN: Judy Griego, Director of Department
of Human Services, stated staff was notified of the award for additional child welfare allocation funds for
the state fiscal year 2017-2018. She advised the funds are for the purpose of hiring new child welfare
staff, and the funds are in addition to the Child Welfare Block grant funding. She stated the allocation
methodology was decided by staff and the County was awarded 3.75 FTE. She requested full use of the
3.75 FTE to hire one new Permanency Caseworker, one new Screening/Intake Supervisor, and fund two
(2) existing Kinship Coordinator positions which were previously funded through the IV -E Waiver.
Commissioner Kirkmeyer moved to approve said allocation of award and authorize the Chair to sign. The
motion was seconded by Commissioner Conway, and it carried unanimously.
El 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WIDE OPEN REAL
ESTATE, LLC: Christopher Woodruff, Weld County Assessor, stated the request is for abatement year
2014; therefore, the data reviewed is from 2011-2012, but they can go back to 2008. He stated the
property is the Harley Davidson Dealership, located in Frederick, CO at 3761 Monarch Street. He stated
the property has one improvement of 25,236 square feet, and is considered to be in average condition
for its age and use. In December, 2009, the improved parcel was sold for $2,500,000.00, and the
adjoining parcel is vacant. Mr. Woodruff reviewed the Cost Approach value, where both parcels are a
total of 192,982 square feet, for a total land value of $834,569.00. He then reviewed the Market Approach
value, where the value of $95.00 per square feet was used to yield a Market Approach value of
$2,397,420.00. Lastly, Mr. Woodruff reviewed the Income Approach value, where a comparable rental of
an auto dealership was used to produce a value of $3,289,000.00. Mr. Woodruff stated the value
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assessed is $2,390,153.00, with heavy emphasis on the Market Approach, and he recommended denial
of the petition. The petitioner was not present, but was notified. The motion to deny the petition, which
was made by Commissioner Kirkmeyer, and seconded by Commissioner Conway, carried unanimously.
▪ 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2014 TAX YEAR -
PRESTIGE EQUIPMENT, LLC: Mr. Woodruff stated this abatement is for tax year 2014. He stated the
property is Pestige Equipment, LLC, located at 12556 CR 2.5. He advised the property has two (2)
improvements: 1) a 14,909 square -foot storage warehouse, which was built in 1972, and is considered
to be in average condition for its age and use, and 2) a 1,950 sqaure-foot service garage, which was built
in 1983, and is considered to be in average condition for its age and use. He stated the subject property
is partially owner occupied and partially leased, and after request for income information, none was
provided from the owner. Mr. Woodruff reviewed the Cost Approach value, and stated because of the
age of the building this approach was not developed. Next, he reviewed the Market Approach, where the
value was set at $60.00 per square feet, for a total value of $1,011,540.00. Lastly, Mr. Woodruff reviewed
the Income Approach value, where the produced value was set at $982,318.00. He stated the assessed
value was set at $1,011,540.00, and recommended denial of the petition. The petitioner was not present,
but was notified. The motion to deny the petition, which was made by Commissioner Conway, and
seconded by Commissioner Freeman, carried unanimously.
• 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2015 AND 2016 TAX
YEARS - PRESTIGE EQUIPMENT, LLC: Mr. Woodruff stated this property is the same property as the
previous item, but it is for abatement year 2015-2016, where data reviewed is from two (2) years earlier.
He advised the Cost Apporach was not developed because of the age of the property. Mr. Woodruff
reviewed the Market Approach, where the value was set at $70.00 per square feet, for a total market
value of $1,180,130.00. Lastly, he reviewed the Income Approach, where the produced income value
was set at $1,040,101.00. Mr. Woodruff stated the assessed value was set at $1,106,540.00, and
recommended denial of the petition. The motion to deny the petition, which was made by Commissioner
Moreno, and seconded by Commissioner Kirkmeyer, carried unanimously.
5) CONSIDER TEMPORARY CLOSURE OF CR 64.5 BETWEEN CRS 55 AND 57: Janet
Lundquist, Department of Public Works, stated the road closure is scheduled between June 6, 2017,
through June 9, 2017, for a culvert replacement. The motion, which was made by Commissioner
Freeman, and seconded by Commissioner Conway, carried unanimously.
6) CONSIDER TEMPORARY CLOSURE OF CR 94 AT INTERSECTION OF CR 37: Ms. Lundquist
stated the road closure is scheduled between June 6, 2017, through June 9, 2017, for a culvert
replacement. The motion, which was made by Commissioner Moreno, and seconded by Commissioner
Kirkmeyer, carried unanimously.
▪ 7) CONSIDER AMENDMENT TO INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM
DEED FOR CONSTRUCTION AND MAINTENANCE OF A RADIO TOWER AND AUTHORIZE THE
CHAIR TO SIGN - MOUNTAIN VIEW FIRE PROTECTION DISTRICT: Mike Wallace, Director of
Department of Public Safety and Communications, stated the amendment is with Mountain View Fire
District, to finalize the grant process, and to accommodate a Quit Claim Deed for ownership of the tower
to Mountain View Fire District for the first ten (10) years, and then the ownership will automatically revert
to Weld County. Commissioner Conway moved to approve said amendment and authorize Chair to sign.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously. (Clerk's Note: Commissioner
Conway left the meeting at 9:31 a.m.)
PLANNING:
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1) CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR13-0043 - E.L.
DODSON: Chris Gathman, Department of Planning Services, stated the original USR was approved on
November 20, 2013, which included both Lot A and Lot B of RE -4214. He advised the current owner has
proposed to sell Lot A to his son and Lot B to Nathan Naill. He explained Mr. Naill plans to operate an oil
and gas support business on Lot B, within the parameters of the approved USR13-0043; however, the
vehicles accessing the site will be larger, so Public Works has determined an additional access point and
some additional tracking control will be needed. Mr. Gathman stated staff recommends approval of the
partial vacation request with the additional access point and additional tracking control delineated on the
partial vacation plat. He advised the updated access permit is under AP17-00294, which has been issued
for Lot B, and stated the access permit addresses the additional improvements of tracking control. Nathan
Nail, proposed buyer of lot B, stated he plans to buy Lot B, as long as the partial vacation is approved.
No public input was provided. The motion to approve the partial vacation, which was made by
Commissioner Kirkmeyer, and seconded by Commissioner Freeman, carried unanimously.
le 2) CONSIDER SUBDIVISION EXEMPTION, SUBX17-0009 - ROBERT E BENSON: Ryder
Reddick, Department of Planning Services, stated the applicant is also the owner, who is seeking to do
adjustments between the two adjacent parcels, which were created by Warranty Deed through meets
and bounds descriptions prior to August 30, 1972. He advised the minor adjustment to the lot boundaries
are because the lot line currently runs between the two parcels and is running directly through the middle
of the garage associated with the 25169 County Road 47 home site. If adjusted, the lot line will be moved
north so all structures on both parcels meet all the minimum offset and setback requirements. Mr. Reddick
further advised both lots are under the one (1) acre net minimum lot size requirement for Subdivision
Exemption parcels (that have water taps). Mr. Reddick stated staff recommends approval of the request
with the conditions being met by the applicant, which include the requirement of the Central Weld County
Water District to obtain a new tap. Robert Benson, applicant, was present, and stated he understands all
of the conditions and will meet all of the requirements. Mr. Reddick stated both lots are under an acre
and after the adjustment of the lot lines they will both remain under an acre. The motion to approve the
Subdivision Exemption, with the conditions mentioned, which was made by Commissioner Kirkmeyer,
and seconded by Commissioner Freeman, carried unanimously.
3) CONSIDER PROBABLE CAUSE HEARING, PCSC17-0003 - CONCERNING USE BY SPECIAL
REVIEW PERMIT USR16-0003 - ROGER AND SHERYL HILL: Diana Aungst, Department of Planning
Services, stated the applicants were not able to attend; therefore, the applicants asked for a continuance
until the end of June to allow more time for compliance, and staff requested to continue the matter to
June 19, 2017. Kimberly Cecil, neighbor, stated she lives south of the property and has witnessed the
occupants dragging more stuff in and not moving anything out. She expressed frustration over the lot
being out of compliance. Chair Cozad explained to Ms. Cecil the process the Board takes to formally
show non-compliance, and she explained the options the Board could take throughout the process.
Commissioner Kirkmeyer asked about the other issues mentioned by Ms. Cecil, and Ms. Aungst
confirmed the other items, in addition to the fence, are out of compliance and listed in the resolution.
Ms. Cecil asked about the vehicles on the property with no legal plates. Bruce Barker stated his advice
is to continue the matter to allow the owner due process. Ms. Aungst stated the reason for the owners'
absence at the meeting was due to their grandchild breaking an arm. Commissioner Kirkmeyer explained
why she is against a continuance, but due to the scheduling limitations which force the Show Cause
hearing to be scheduled for August 9, 2017, she agreed to the continuance of June 19, 2017 for the
Probable Cause. The motion to continue said matter, which was made by Commissioner Kirkmeyer, and
seconded by Commissioner Moreno, carried unanimously.
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4) FINAL READING OF WELD COUNTY CODE ORDINANCE #2017-03, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING
AGREEMENTS (WINDSOR/WELD DESIGN STANDARDS), OF THE WELD COUNTY CODE:
Commissioner Kirkmeyer moved to read Code Ordinance #2017-03 by title only. The motion was
seconded by Commissioner Freeman, and it carried unanimously. Bruce Barker, County Attorney, read
the title for the record. Tom Parko, Director of Planning Services, stated the ordinance adds design
standards between Windsor and Weld County, which includes: site access, screening, lighting, signage,
and parking lots. He further stated Appendix 19-F is a map that depicts the growth management area for
the Town of Windsor. He stated there have been no changes between second and final reading. No
public input was given. Commissioner Freeman moved to approve on Final Reading. The motion which
was seconded by Commissioner Kirkmeyer, carried unanimously. Chair Cozad thanked staff for the work
on this ordinance, which now sets the standards.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2017-03 was approved on Final 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 10:11 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didiet) uldia;(1
Weld County Clerk to the Board
BY
y Clerk to the Board
Julie A. Cozad, Chair
Sean P. Conway
Steve Moreno, Pro-Tem
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