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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 26, 2001
TAPE #2001-09
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 Centennial
Center, Greeley, Colorado, February 26, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of February 21, 2001, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on February 21, 2001, as follows: 1) Site Specific Development Plan and Use by Special
Review Permit#1308, Rose Zeschin;2)Site Specific Development Plan and Use by Special Review Permit
#1309, George Walck; 3) Site Specific Development Plan and Use by Special Review Permit #1300,
Eleanor Speaker; and 4) Show Cause Hearing for Renewal Application of Tavern Liquor License -
Romance, Inc., dba Club Romance/Lucky Star. Commissioner Jerke seconded the motion,which carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
2001-0560
BC0016
All Funds $ 425,341.46
Electronic Transfers - All Funds $2,131,879.97
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE
CHAIR TO SIGN - LILLIAN GOOCH, DBA CROW VALLEY CAFE: Bruce Barker, County Attorney,
stated Deputy Carleton, Weld County Sheriffs Department, has no concerns regarding this renewal and
the application is complete. Commissioner Masden moved to approve said renewal application and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AGREEMENT TO HOUSE AMBULANCE OR AMBULANCE EQUIPMENT,OR BOTH-AULT
FIRE PROTECTION DISTRICT: Commissioner Masden moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AGREEMENT FOR TEMPORARY SERVICES OF COMMUNICATIONS TECHNICIAN -
SHANE SCOFIELD: Mr. Warden stated this is a two-year arrangement to help develop the 800 Mhz
system, and the costs will be reimbursed through an Energy Impact Grant at the rate of$29.33 per hour,
with all county benefits except retirement. He stated approval was recommend by the Regional
Communications Advisory Board. Commissioner Masden moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD - GERALD
WARD: Commissioner Masden moved to appoint Gerald Ward to the Regional Communications Advisory
Board to replace Randy Houchen as the Fire Zone B representative, with a term to expire December 31,
2003. The motion, which was seconded by Commissioner Jerke, carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #2895 - BOHRER: Sheri Lockman, Department of Planning
Services, stated both Recorded Exemptions#2895 and#2896 will be discussed at this time. Chair Geile
explained the options to the applicant with only three Commissioners present. Ms. Lockman stated staff
concerns regarding these applications include the proposal not being consistent with the Comprehensive
Plan; 35 lots have been created in this section since 1983, with the applicant having created seven of
them; the proposal further contributes to urban scrawl; the proposal does not comply with the intent of the
Agricultural Zone District; an existing pivot sprinkler spans portions of all four lots; and no right-of-way
exists along the north section line of the four lots, therefore, the eastern lot would be required to cross the
other three lots to access from Weld County Road 1. Responding to Commissioner Jerke, Don Carroll,
Department of Public works, stated Weld County Road 32 only extends to the next section east of the
proposal, and the county has no plans to extend the road to the west, since they do not have right-of-way
through that mile. Responding to Chair Geile and Commissioner Jerke, Ms. Lockman stated the four lots
will be approximately 15 acres each,and she reiterated that access would be off Weld County Road 1 with
a 30-foot sliver at the north and west of the western most lot, and a 30-foot easement running along the
north end of all four lots. Responding further to Commissioner Jerke, Ms. Lockman stated the applicant
owns the piece of land between these lots and Weld County Road 1. Kermit Bohrer, applicant, stated the
purpose of these Recorded Exemptions is to allow one lot for each expected grandchild without having to
request additional divisions in the future. Mr. Bohrer explained he has modified the building envelopes on
each of the parcels, to allow the main part of the farm, which is under a pivot sprinkler, to remain in
production. He submitted a draft of the proposed change, marked Exhibit A, and stated the access from
Minutes, February 26, 2001 2001-0560
Page 2 BC0016
Weld County Road 1 has been deeded, and the easement ingress/egress agreement which
accommodates any and all lots has been recorded. Bruce Barker, County Attorney, stated the access
agreement is basically covered in Condition of Approval#2.F. Mr. Bohrer stated servcies for two additional
lots would not be a heavy load, and two lots would only add minimal services. Mr. Bohrer also stated he
owns the Bohrer PUD, which is south of these lots, and his son lives east of the PUD.
Responding to Chair Geile, Mr. Bohrer stated concerns with two Conditions of Approval, and after
discussion Mr. Barker stated by deleting the first part of the sentence in Condition of Approval #2.F Mr.
Bohrer's concerns regarding the right-of-way will be met, since the easement will be recorded on the plat.
Ms. Lockman stated regarding Condition of Approval#2.G, it really ends up being between the applicant
and the School District. Commissioner Jerke mentioned the rate now is much lower than it will be in future,
and the applicant might want to take advantage of that. Responding to Commissioner Masden, Mr. Barker
indicated Condition of Approval#2.C is not necessary, and Mr. Carroll agreed;therefore, it will be deleted.
Commissioner Masden asked Mr. Barker to include the necessary language to Condition of Approval#2.F
to show the Board's intent. Mr. Barker stated the easement will be shown on the plat, which will indicate
the purpose of the Board. No public testimony was given. Commissioner Masden moved to approve the
request of Kermit Bohrer for Recorded Exemption#2895, with the deletion of Condition of Approval#2.C,
and deleting the first portion of #2.F, stating "The applicant shall submit evidence that the access is
dedicated as right-of-way by Weld County, or", and renumbering the Conditions accordingly. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #2896 - BOHRER: Commissioner Jerke moved to approve the
request of Kermit Bohrer for Recorded Exemption#2896 with the same changes as indicated above. The
motion, which was seconded by Commissioner Masden, 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 Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
���� WELD CO , COLORADO
ATTEST: /� ��'/�V' / I���% O/6"i
1151 ' ,6 � M. J. eile, Chair
Weld County Clerk to the Bo,f. +tr
►
EXCUSED
: -�
C %;,y;o` ` Glenn Vaad, Pro-Tem
BY: i „o Co • .�i Jtri-
Deputy Clerk to the Board /"'a�`�t i 4,/ Ft.-,
♦ William H. Jerke
EXCUSED
David E. Long
Robert D. Masden
Minutes, February 26, 2001 2001-0560
Page 3 BC0016
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