HomeMy WebLinkAbout20161605.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 18, 2016
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 18, 2016, at the hour of 9:00 a.m.
U. 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 Sean P. Conway, Pro-Tem - EXCUSED
Commissioner Julie A. Cozad - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of May 16, 2016, as printed. Commissioner Moreno seconded the motion, and
it carried unanimously.
U AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PROCLAMATIONS:
IR 1) MENTAL HEALTH MONTH - MAY, 2016: Chair Freeman read the proclamation for the record.
Larry Pottorff, Executive Director of North Range Behavioral Health, introduced his staff members and
thanked the Commissioners for their support and recognizing the importance of quality treatment for all
citizens. The Board thanked them for helping to bring this issue to the public's attention. (Clerk's Note:
The Board paused for a photo opportunity.)
El PUBLIC INPUT: No public input was given.
El COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer attended the Town of
Fort Lupton Urban Renewal Authority Board and Highway 85 Coalition Meeting, to discuss a CDOT grant.
Commissioner Moreno thanked the Department of Public Works for their successful Open House and
attended the Weld County Adult Treatment Court graduation. He reported Commissioner Cozad and he
Minutes, May 18, 2016 2016-1605
tab 3 Page 1 BC0016
attended the 4H leadership graduation, and lastly he stated he attended the Energy Proud Luncheon with
the other Commissioners.
BIDS:
0 1) APPROVE BID #B1600096, VNX EXPANSION - DEPARTMENT OF INFORMATION
TECHNOLOGY: Aleksei Churyk, Department of Information Technology, stated staff recommends
awarding the bid from ANM for the amount of $101,429.46. Commissioner Kirkmeyer moved to approve
said low bid. Seconded by Commissioner Moreno, the motion carried unanimously.
PLANNING:
El 1) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST EUGENE NELSON, DBA,
NELSON RANCHES, INC., AND SUSIE KESTER, DBA MIDWAY GRILL, FOR VIOLATION OF THE
WELD COUNTY CODE - ZCV16-00023: Bethany Pascoe, Department of Zoning and Compliance,
explained the violation is due to a stationary retail food establishment on the property without a USR
permit and displayed photos of the property. Ms. Pascoe explained an illegal land split will need to be
corrected in tandem with the USR. PA Susie Kester, owner of Midway Grill, explained that she obtained
a six (6) month seasonal permit, but was unable to apply for a Use by Special Review permit until the
land split between Eugene Nelson, property owner, and Whiting Oil and Gas was settled. Dan
Joseph, Department of Public Health and Environment, reported that the food trailer was licensed in
February, 2015, and the grill unit was licensed February, 2016. Chris Gathman, Department of
Planning Services, reported there was a USR from 2013 for a gas plant and their plan was to operate on
34.9 acres, and then they applied for a two (2) lot recorded exemption which was recorded in 2013. In
2014, there was a warranty deed that conveyed 73 acres to Whiting Oil and Gas. The Parcel of 285 acres
is now four separate parcels, and staff is working on an application wanting to vacate the current recorded
exemption application. In response to Commissioner Kirkmeyer's question, Ms. Pascoe reported there
are no new USR applications submitted at this time. Commissioner Moreno inquired about the
applicant wanting it to be a mobile or stationary unit. Ms. Kester explained staff wouldn't let it be a mobile
unit so they spent money to make it a more permanent site. Mr. Joseph stated when the applicant applied
for the license, the trailer had pre-packaged food. The secondary unit has a grill portion and referenced
the photos which show it is no longer a mobile unit. The applicant currently holds licenses, but Mr. Joseph
explained to the Board why emergency action is necessary. In response to Commissioner Kirkmeyer,
Ms. Kester stated she doesn't want it to be mobile unit because of the condition of the roads.
Commissioner Kirkmeyer reiterated that Ms. Kester need a USR permit because there are things that
needs to be regulated for the safety of the public. 0 Jim Savory, Director of Real Estate and
Construction representative for Whiting Oil and Gas Company, stated they are operating the gas plant,
and have made an effort to stay compliant. He presented several USRapplications, and he stated he is
��requesting to reduce the recorded exemption to 175 acres. ►�J Eugene Nelson, property owner,
explained he feels he is caught in the middle. He contacted Whiting Oil and Gas because he had been
contacted by the County for the illegal land splits. In response to Commissioner Kirkmeyer, Mr. Nelson
explained there is no lease in regards to the gas plant. Pi Commissioner Kirkmeyer explained to Mr.
Nelson that since he is the owner of the property he needs to apply for a USR for the concession and
food trailer. She stated that staff will insert a condition on the USR concerning the land split and Ms.
Kester needs to remove the items off the property and will not be allowed to continue running the
operations until the USR is granted. Mr. Joseph explained it was permitted as a mobile unit, but the
structures, as-is, are not in compliance. He stated if the trailer has to becomes mobile and Whiting Oil
and Gas gest the land spilt cleaned up, Mr. Nelson needs to apply for a USR permit, and meet the
requirements for the mobile unit. Commissioner Kirkmeyer explained Ms. Kester needs to remove food
storage from the property, and become a mobile trailer and remove the other structures. The concession
Minutes, May 18, 2016 2016-1605
Page 2 BC0016
stand can stay on the property and be parked on the property overnight. 12 Bruce Barker, County
Attorney, stated the resolution should refer the matter to the County Attorney's Office but delay action for
a designated amount of time to allow Ms. Kester to remove the food storage. Commissioner Kirkmeyer
moved to refer this to the County Attorney's Office and delay any action for two (2) weeks to get items
removed from the property that do not follow the code. The motion was seconded by Commissioner
Moreno, and it 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 10:12 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
3
UNTTY, COLORADO
ATTEST: .�++�1/ ,�/���� t pl �O�
Mike Freeman, Chair
Weld County Clerk tot_e Board
1/ EXCUSED
Sean P. Conway, Pro-Tem
BY:
SOP
Deput Clerk to the Board r. J7`EXCUSED
1, lie A. Cozad
"s' n x1/42 > CUSED ON DATE OF APPROVAL
'4at ' 'rbara Kirkmeyer
%., _ . Steve Moreno
Minutes, May 18, 2016 2016-1605
Page 3 BC0016
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