HomeMy WebLinkAbout20143359 RECORD OF PROCEEDINGS
MINUTES - PART 1
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, OCTOBER 27, 2014
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, October 27, 2014, at the hour of 9:00 a.m.
Fl 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 Douglas Rademacher, Chair- EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Accounting Staff, Chris D'Ovidio
Ii MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of October 22, 2014, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on October 22, 2014, as follows: 1) USR14-0036 - KB Custom Ag Services, LLC;
2) PUDF14-0007 - Jonathan Scupin and Ann Nash; 3) USR14-0040 - Jonathan Scupin and Ann Nash;
and 4) USR14-0048 - Russell Gurtler Family Trust, do Kerr-McGee Oil and Gas Onshore LP.
Commissioner Conway seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the Agenda.
El CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PUBLIC INPUT: Chris E. spoke on behalf of low-income and disabled persons in the County.
She said that only people who own property have benefited by the economic boom, and rents have
tripled, which is displacing the lower income population in this County. She said rent is 75% of her
income and she believes that rent should be limited and tied to property assessments. Ms. E.
addressed issues with Greeley rentals and the County should have independent building inspectors for
the County's municipalities. On another topic, Ms. Walker complained about John Evans Middle
School's school lunches, she invited the Commissioners to eat lunch there sometime, and
Minutes, October 27, 2014 2014-3359
)A,3 Page 1 BC0016
Commissioner Conway accepted her offer, noting that he's eaten at many of the cafeterias in District 6,
and they are all provided the same meals. Commissioner Conway said the Board works with the City
of Greeley and the Greeley-Weld County Housing Authority, but the State of Colorado enacted liability
legislation which deterred entrepreneurs from building new units which could compete in this market.
He cited rules and regulations at the State, Federal and Municipal levels.
BIDS:
El 1) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - W1/2 W1/2, S26,
T11 N, R60W: Esther Gesick, Clerk to the Board, stated no bid was received on this item.
El 2) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN -W1/2 SW1/4, W1/2
E1/2 SW1/4, S2, T7N, R60W: Ms. Gesick stated no bid was received on this item.
E 3) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - W1/2 E1/2, S8,
T7N, R63W: Ms. Gesick stated no bid was received on this item.
IlEi 4) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - SE1/4, S23, T7N,
R63W: Ms. Gesick reviewed the sole bid in the amount $630.00 for 160 acres - a bonus total of
$100,800.00. Commissioner Conway moved to accept offer to lease and authorize the Chair to sign.
Seconded by Commissioner Freeman, the motion carried unanimously.
El 5) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - SW1/4, S23, T7N,
R63W: Ms. Gesick reviewed the sole bid in the amount $630.00 for 160 acres - a bonus total of
$100,800.00. Commissioner Freeman moved to accept offer to lease and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
El 6) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - N1/2, SW1/4, S27,
T7N, R63W: Ms. Gesick reviewed the sole bid in the amount $630.00 for 480 acres - a bonus total of
$302,400.00. Commissioner Conway moved to accept offer to lease and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
El 7) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN -SW1/4 SW1/4, S7,
T10N, R61 W: Ms. Gesick stated no bid was received on this item.
E5 8) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - SE1/4, S24, T8N,
R64W: Ms. Gesick reviewed the sole bid in the amount $630.00 for 160 acres - a bonus total of
$100,800.00. Commissioner Garcia moved to accept offer to lease and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, October 27, 2014 2014-3359
Page 2 BC0016
NEW BUSINESS:
U 1) CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - GREELEY COUNSELING CENTER: Judy Griego, Director of Department of Human
Services, reviewed the agreement for mental health services, and requested approval. Commissioner
Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Conway, carried unanimously.
▪ 2) CONSIDER AMENDMENT TO AGREEMENT FOR SERVICES FOR H1B PROJECT AND
AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT: Ms. Griego
reviewed the agreement between the Department's Employment Services and Upstate for a continued
partnership providing employment services. She said $5,000 in federal funds is available and
requested approval. Commissioner Garcia moved to approve said amendment to agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
IR 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JOHNSON
INVESTMENTS, INC.: Christopher Woodruff, Assessor, said the basis of this request is a stipulated
value reached in 2013. He described the property (1215 Main Street in Windsor, CO), reviewed the
petition and how staff established the value, and stated the owner is in agreement with the abatement
amount of$10,987.54. Commissioner Conway moved to approve said refund of taxes. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
ID 4) CONSIDER TEMPORARY CLOSURE OF CR 31 BETWEEN CR 80 AND ST HWY 14: Janet
Lundquist, Department of Public Works, reviewed a temporary road closure for a culvert replacement.
Commissioner Freeman moved to approve said temporary road closure. The motion, which was
seconded by Commissioner Conway, carried unanimously.
ER 5) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT AMENDMENT #1 FOR CR 49 EXTENSION PROJECT AND AUTHORIZE CHAIR TO
SIGN: Commissioner Conway moved to approve said grant contract amendment and authorize the
Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously.
El 6) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT AMENDMENT #1 FOR CR 49 EXTENSION PROJECT (PHASE 1B) AND AUTHORIZE
CHAIR TO SIGN: Commissioner Conway moved to approve said grant contract amendment and
authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
E9 7) CONSIDER STATEMENT OF GRANT AWARD FOR INTERNET CRIMES AGAINST
CHILDREN (ICAC) TASK FORCE GRANT AND AUTHORIZE CHAIR TO SIGN - CITY OF
COLORADO SPRINGS POLICE DEPARTMENT: Ron Arndt, Director of the Regional Crime Lab,
reported the Weld County Sheriffs Office was offered $8,820.00 for Darren Ford, the County's
computer forensics expert, to receive three trainings. Commissioner Freeman moved to approve said
statement of grant award and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
Minutes, October 27, 2014 2014-3359
Page 3 BC0016
El 8) CONSIDER DECLARING CERTAIN REAL ESTATE AS SURPLUS PROPERTY, APPROVE
CONTRACT TO BUY AND SELL REAL ESTATE (EVANS AMBULANCE BUILDING) TO NORTH
COLORADO MEDICAL CENTER, INC., AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY
DOCUMENTS: Bruce Barker, County Attorney, said this is the NCMC purchase of the Evans
Ambulance Building, which bid was approved by the Board in 2013; however, it took a year to replat the
two lots into one and there was also a problem with the deed. The closing is tomorrow. Commissioner
Garcia moved to declare surplus property, approve contract to sell, and authorize the Chair to sign all
necessary documents. Commissioner Conway seconded the motion and it carried unanimously.
PLANNING:
F 1) CONSIDER ZONING PERMIT, ZPHB14-0006, FOR A CLASS II HOME OCCUPATION
(PARKING/STORAGE OF COMMERCIAL VEHICLES - TWO TRUCKS / TWO TRAILERS)
ASSOCIATED WITH A LANDSCAPING BUSINESS IN THE A (AGRICULTURAL) ZONE DISTRICT -
AARON AND CAROLINE WALKER: Chris Gathman, Department of Planning Services, requested a
recess as the applicants had not yet arrived, but were in route. Chair Pro-tem Kirkmeyer granted the
recess until 10:30 a.m.
(Clerk's Note: The audio for this item of business is in a separate document titled Pad II, due to a
recess.)
INSERT HERE
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 Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST EXCUSED
C/ G. ..k o:� Do las Rademacher, C it
Weld County Clerk to the Board
i
• arbara Kirkmeyer, P o-Tem
Dep t Clerk to the!Board j! E P. Conway
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/At Rila"—C
illiam F. Garcia
Minutes, October 27, 2014 2014-3359
Page 4 BC0016
RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, OCTOBER 27, 2014
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, October 27, 2014, 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 Douglas Rademacher, Chair- EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Accounting Staff, Chris D'Ovidio
PLANNING:
1) CONSIDER ZONING PERMIT, ZPHB14-0006, FOR A CLASS II HOME OCCUPATION
(PARKING/STORAGE OF COMMERCIAL VEHICLES - TWO TRUCKS / TWO TRAILERS)
ASSOCIATED WITH A LANDSCAPING BUSINESS IN THE A (AGRICULTURAL) ZONE
DISTRICT - AARON AND CAROLINE WALKER: Chris Gathman, Department of Planning
Services, requested a recess as the applicants had not yet arrived, but were en route. Chair
Pro-Tem Kirkmeyer granted the recess until 10:30 a.m.
(Clerk's Note: This hearing was reconvened at 11:35 a.m.)
Ei Chris Gathman, Department of Planning Services, reviewed the history of this case and
the proceedings prompted by a zoning violation for the operation of a commercial business,
including truck parking and outdoor storage, without the proper permits. He said the applicants
reached an agreement in Weld County Court, on July 7, 2014, to limit the commercial vehicles
on this property to two commercial vehicles, removE the outside storage and submit a Class II
Zoning Permit Application. The applicants decided to submit a Class II Home Occupation
Application in lieu of a Use by Special Review Application. The application was accepted by
Planning Services staff and notice given to surrounding property owners: 13 surrounding
property owners expressed concerns and/or opposition to the application, two expressed
support and six reported no concerns. Letters of concern cited materials piled all over the
property, truck noise which violates the subdivision covenants, traffic safety, rodents, water,
mud and rocks draining onto County Road (CR) 15, lowering of property values, and setting an
unwelcome precedent for other like businesses to locate in the area. Staff visited the site on
Minutes, October 27, 2014 2014-3359
2---I �3 Page 1 BC0016
October 16, 2014, and found eight vehicles were parked on the site (four commercial) and
vehicles were being stored on an adjacent property under separate ownership (which is not
allowed), and the property did not appear to be operating in compliance with the stipulated court
agreement. Staff recommends denial based on concerns the business has outgrown this site
and will not be able to limit their business operations to comply with these requirements. In
addition, Mr. Ogle said subdivision covenants from 1972 ban businesses, except for home
offices, and the covenants can only be changed by a majority of the surrounding land owners;
however, there is no evidence that there is a Homeowner's Association (HOA) for the
subdivision so any dispute would have to be resolved through civil court; but lastly, residents
moved into this area with the understanding that covenants existed.
In response to Chair Pro-Tem Kirkmeyer, Mr. Gathman explained images, marked Exhibit
"B" were submitted by the adjacent property owner, Mr. Offenbacker, including the complaint
regarding a fuel tank onsite. He stated he did not see one during the site visit and believes the
fuel tank the neighbor was concerned about has been removed.
ID Caroline and Aaron Walker, applicants, said the fuel tanks referenced were only on the
property for a week and were never intended to stay there. They purchased this property seven
years ago with the intent to have a small business, because it used to be a residence with a
roofing company. Ms. Walker said they spoke with several neighbors about their plans and no
one expressed concerns prior to their moving in. Ms. Walker said they now realize people don't
want them there, but it is landscaping season and this is their livelihood, and they recently had
the time to clean up the property because business slowed down. She also noted they had
permission to park vehicles on the neighboring lot for a few weeks while they were landscaping
the lot. Mr. Walker said the nearest neighbors are OK with their business, and the back-hoe
referenced belongs to them. Mr. Walker said before they moved in the property was dirt and
weeds, and now there are front and back lawns. Mr. Walker entered 40 photos into the record,
as Exhibit "A", showing the work they have done on the property and where the vehicles are
parked. Ms. Walker asserted the dirt issue on CR 15 was an existing problem not caused by
their business operations. Mr. Walker then addressed the rodent claim, saying there are also
foxes and skunks and other wildlife. He said there are only four homes on CR 15, which is the
road they use to come in and out. Employees come and get the trucks and leave, no customers
come to the site, and they try to keep it as quiet as possible. He noted there are other
commercial vehicles and RVs throughout the neighborhood and reiterated they have worked
very hard to mitigate their neighbor's concerns. Ms. Walker said they also complain about the
increased traffic in the area, which is continuing to grow.
El In response to Commissioner Conway, Mr. Walker said they put up a nice fence and he
can only give his word that he will adhere to the rules governing the permit. Ms. Walker said
they are also looking for a property to move to, but that has been difficult to find. El In
response to Commissioner Garcia, Ms. Walker said they did not apply for a Use by Special
Review permit because staff advised them it would be hard to obtain. Chris Gathman
commented that the original application cited nine commercial vehicles, and staff could not
support that large a business in a residential neighborhood.
El Rosalyn Leautaud, surrounding property owner, stated the other home businesses in the
area are not noticeable, she believes there will be more than two trucks, the trucks often block
traffic when backing into the property on CR 15, and she also believes there are more than two
employees. She cited an unpleasant exchange with a driver she believes was an employee of
Minutes, October 27, 2014 2014-3359
Page 2 BC0016
the Walkers. She said there were more than five commercial vehicles on the site just this
morning, with an average of 16 daily trips in and out, and she questioned how compliance will
be monitored. She said the fence they built has a gate to a neighboring property where vehicles
have been parking. She also noted that where the trucks come in and park, mud and debris
flows down onto the road, and that needs some kind of mitigation, because people driving
around that is a hazard. She then presented a map of the Windsor Comprehensive Plan,
entered into the record as Exhibit "C", showing the proposed Harmony Ridge subdivision (which
may be up to a thousand homes), and reiterated this is not a commercial area and a
landscaping business takes up a lot of room. In response to Commissioner Conway, she stated
the roofing business previous to this one did not have employees coming and going from the
property.
El Mr. Walker said he was glad to receive Ms. Lecutard's input. He stated that if he had
known about her interaction with one of his employees he would have addressed that
immediately. He said they have a small company, they have downsized in fact, and they want
to keep it that way. They are doing landscaping and construction on their yard right now, so
there are some additional vehicles, and they are looking for other property; however, they need
some time to find something at a reasonable price. Ms. Walker stated the gate is there because
they are friends with the neighbors, and she noted that other neighbors also have gates
between their properties. Mr. Walker concurred that the drainage is a mess; he said they have
contacted the County, and they have an open space where they could direct the water, but the
County has not expressed support of that. He said they are amendable to putting in a cattle
guard to prevent mud tracking and to enlarging the ditch to mitigate water flow. He said most of
the job sites are out of town and they are willing to have their employees meet at the job site to
make this work.
F Mr. and Ms. Walker explained they have not yet read through the Development Standards
and Conditions of Approval.
(Clerk's note: Chair Pro-Tern Kirkmeyer recessed the hearing to give the applicants time to
review the resolution. The hearing was reconvened at 1:15.)
In response to Chair Pro-Tem Kirkmeyer, Mr. and Ms. Walker confirmed they had
reviewed the Resolution and had no questions or concerns regarding the Conditions of
Approval.
El Chair Pro-Tem Kirkmeyer stated Condition of Approval #2.A.1 is unnecessary. She said
there are other home businesses located in this subdivision, the property the Walkers moved to
had a business prior to their purchase, no body politic exists to enforce the covenants at this
time, and the County does not enforce covenants. El Commissioner Garcia concurred, but he
expressed concern regarding the Class II Home Occupation being appropriate for this business
location, as he does not want to set them up for failure or non-compliance. ID Commissioner
Freeman also concurred and stated concerns about the number of trucks onsite and outdoor
storage. F Don Carroll, Department of Public Works, explained that CR 15 is a split
jurisdiction with Windsor. He reviewed the speed limit and traffic counts, and added that on
CR 76 the ADT is higher, and on CR 74 the count is extremely high.
Minutes, October 27, 2014 2014-3359
Page 3 BC0016
El Commissioner Conway said the applicants have indicated an understanding they will need
to relocate eventually, and he said it seems that they are making an effort to be in compliance,
are open to mitigation, and just need some time to find another property they can afford. He
said they don't seem to want a USR, which would be more problematic because this is a
neighborhood. They know their neighbors and the traffic is an issue outside their control. He
said he wants to make sure that they realize their neighbors will be watching them, so they need
to stay in line. Ei Chair Pro-Tem Kirkmeyer suggested the deletion of Condition of Approval
#2.A.6, she said this is a typical standard for this type of case, but this should be replaced with
an outdoor storage screening requirement. She addressed Condition of Approval #2.A.11, and
the Walkers confirmed that the hours of operation are fine as is, but they do sometimes work
until sundown in the summer. Commissioner Conway suggested they be limited to daylight
hours; done by consent of the Board. Chair Pro-Tem Kirkmeyer suggested Condition of
Approval #2.A.13, regarding improvements, also be deleted; done by assent of the Board. Mr.
Gathman noted this case is still in a Court process, but this can be deleted. The applicant said
he does currently have five vehicles, but he is hoping to find three 4x4s or pick-up trucks
vehicles versus having the larger dump truck. E Mr. Gathman defined commercial vehicles
as having advertising and/or a logo. The limit shall be two trucks with trailers, and he said staff
has had extensive discussion about this with the applicants. I Commissioner Freeman
confirmed with staff there is no limit on the number of personal vehicles.
In response to Chair Pro-Tem Kirkmeyer, Mr. and Mrs. Walker said they have reviewed,
and agree to abide by, the Conditions of Approval, as amended.
El Commissioner Conway moved to approve the request of Aaron and Caroline Walker for a
Zoning Permit, ZPHB14-0006, for a Class II Home Occupation (parking/storage of commercial
vehicles - two trucks / two trailers) Associated with a Landscaping Business in the
A (Agricultural) Zone District. Seconded by Commissioner Freeman, the motion carried
unanimously.
El Commissioner Conway stated that the Board understands the applicant's situation, as well
as the concerns of surrounding property owners, and he encouraged opening the lines of
communication in both directions. He wished the applicants success in their business; however,
they need to acknowledge when they reach the tipping point for finding new property and
continue to be good neighbors.
(Clerk's note: Please see Part A of these minutes for signature block)
Minutes, October 27, 2014 2014-3359
Page 4 BC0016
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