HomeMy WebLinkAbout962112.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 30, 1996
TAPE #96-30
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,
October 30, 1996, 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 Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of October 28, 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Harbert seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - MARIAN PELZER, SOCIAL SERVICES
DEPARTMENT: Chair Kirkmeyer read said certificate into the record
recognizing Marian Pelzer for her fifteen years of service. Ms. Pelzer was
present to accept said award and her pin was presented by Judy Griego, Social
Services Director. Ms. Griego noted Ms. Pelzer's career with Social Services
actually began in 1965 as a foster parent, and she thanked Ms. Pelzer for her
dedication and professionalism.
962112
BC0016
PUBLIC INPUT: No public input was offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 198,420.47
Electronic Transfer:
Payroll Fund $ 1,570,444.25
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried
unanimously.
BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to present.
BUSINESS:
NEW: CONSIDER AGREEMENT WITH EASTMAN KODAK COMPANY, COLORADO
DIVISION, AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this
agreement will allow Kodak a tax credit under Senate Bill #90-118. He noted
this is not an additional credit, but it includes additional equipment not added to
the tax roles in 1995. Commissioner Webster moved to approve said
agreement and authorize the Chair to sign. Commissioner Harbert seconded
the motion, which carried unanimously.
PLANNING: CONSIDER REQUEST FOR RELEASE OF COLLATERAL FROM
CONTINENTAL VIEW PONDS, S #377 (PLANNER DUNN): Gloria Dunn,
Planning Department, stated this request came from Terry A. Henze, applicant,
to release an irrevocable letter of credit for $91,000.00 since all improvements
have been completed. She noted staff recommends the Board retain five
percent warranty collateral, or $750.00 of the $15,000.00 collateral originally
accepted, for future maintenance of existing plantings. Ms. Dunn further
explained the landscaping and wildlife habitat enhancement improvements were
established under a three-year time frame; therefore, the warranty collateral
should be retained until June 1998. She confirmed the County Attorney's Office
and the Public Works Department support this request for release of collateral
and acceptance of warranty collateral by the Board. Responding to questions
from the Board, Ms. Dunn confirmed the original Permit was to develop five or
six homes around the lake north of Highway 52 and near Weld County
Road 3.25. Jack Olberding, applicant's representative, was present.
Commissioner Hall moved to approve said release of collateral and acceptance
of said warranty collateral. Commissioner Webster seconded the motion, which
carried unanimously.
Minutes, October 30, 1996 962112
Page 2 BC0016
CONSIDER AMENDED RE #1609 - GROMMON FARMS, INC. (PLANNER
DUNN): Ms. Dunn reviewed the staff summary stating this amendment will
decrease the size of Lot B from approximately 109 acres to 39 acres, more or
less. She noted the applicant is not in agreement with one of the staff
Conditions of Approval, which states only one structure is allowed for residential
use on Lot B. Ms. Dunn further explained the older house on Lot B was to be
converted to storage when RE #1609 was originally approved; however, the
applicant now wishes to continue its use as a home. She suggested the house
be classified as a medical hardship, but that use would only be allowed
temporarily. Ms. Dunn clarified Section 11.5.1.3 of the Zoning Ordinance
requires consistency with the intent of the district, and two residences on one
lot does not apply. She noted staff recommends approval including all
Conditions of Approval, but the applicant is requesting Condition of
Approval #1.a.2) be deleted. Responding to questions from the Board, Ms.
Dunn further clarified Lot B will be decreased in size from 109 to 39 acres, on
which two homes exist; the remaining parcel will be 150 acres with no homes;
and Lot A is approximately one acre with one home. Larry Intermill, Intermill
Land Surveying, represented the applicant and introduced Gary Grommon. Mr.
Grommon said his grandfather built the older home on the property in 1881, and
his children lived in it until 1994. He stated the Health Department
recommended a new septic system be installed and they have had crop
disasters each year since 1993; therefore, he looked for another avenue to
make money. Mr. Grommon further explained his father then had a stroke, and
they moved his mother into the old house so she would be closer for them to
care for. He stated he is now in the process of installing a new septic and a new
road and is trying to sell 300 acres. Responding to questions from the Board,
Mr. Grommon stated his son lives on Lot A, and his house and the old house
are located on Lot B. The Board and Ms. Dunn discussed the aspects of a
medical hardship or an Accessory to Farm Permit, and Mr. Grommon stated his
grain facility and homes are in his yard. Ms. Dunn confirmed the driveway to the
houses is interconnecting. Bruce Barker, County Attorney, stated approval of
this amended recorded exemption would create a violation unless a medical
hardship or an Accessory to Farm Permit is issued for the older house and one
home is identified as a principal residence. After further discussion, Mr. Barker
suggested Mr. Grommon notify the Board by letter when the switch from a
medical hardship to an accessory farm is made. Todd Hodges, Planning
Department, noted changing the permits is acceptable if the houses are
identified for tracking purposes. Mr. Barker suggested amended language for
Condition of Approval #1.a.2) and confirmed Mr. Grommon is in the process of
fixing the septic system. Responding to further questions from the Board,
Trevor Jiricek, Health Department, clarified the existing septic tank is only 500
gallons, and the regulations amended in 1973 require 1,000-gallon tanks. He
also noted leach fields under driveways are prohibited by I.S.D.S. regulations.
Mr. Barker and Ms. Dunn confirmed the only other requirement is for Mr.
Grommon to obtain a certificate of compliance. No public testimony was
offered, and Mr. Grommon confirmed acceptance of the Conditions of Approval
as amended. The Board confirmed Mr. Grommon agreed to meet all septic
system regulations and the system be approved prior to recording the plat. Mr.
Jiricek confirmed Mr. Grommon has obtained the necessary septic system
permit. Commissioner Harbert moved to approve Amended RE #1609 for
Grommon Farms, Inc., including the Conditions of Approval as amended.
Commissioner Baxter seconded the motion, which carried unanimously.
Minutes, October 30, 1996 962112
Page 3 BC0016
CONSIDER ZPMH #2039 - KESTER (PLANNER KEITHLEY): Kerri Keithley,
Planning Department, reviewed the staff summary and explained the applicant
was unable to obtain the necessary signatures from the surrounding property
owners until about an hour ago. She reiterated staff recommendation for
approval and confirmed the applicant is not present. No public testimony was
offered. Commissioner Harbert moved to approve ZPMH #2039 for Susie
Kester, including the Conditions of Approval. The motion was seconded by
Commissioner Hall, and it carried unanimously.
CONSIDER VACATION OF SUP #207 - PAPPENHEIM (PLANNER
GORANSON): Chris Goranson, Planning Department, reviewed his
memorandum to the Board and explained the original Permit was approved in
1973 for a 600-head feedlot. He stated this vacation is required by a Condition
of Approval of Recorded Exemption #1950 for Metropolitan Life Insurance
Company, which divided the property into 10- and 85-acre parcels. Mr.
Goranson stated the Permit overlaps onto Lot B, and Lot A is no longer used in
the same capacity. Responding to questions from the Board, Mr. Goranson
stated the feedlot began operation in 1979; however, the property has since
been repossessed by Metropolitan Life Insurance Company. No public
testimony was offered. Commissioner Baxter moved to approve said vacation,
and Commissioner Harbert seconded the motion, which carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
There were no ordinances.
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
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962112
Minutes, October 30, 1996
Page 4 BC0016
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