HomeMy WebLinkAbout970585.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 2, 1997
TAPE #97-08
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,
April 2, 1997, 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 George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
MINUTES:
Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of March 31, 1997, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was offered.
970585
BC0016
WARRANTS: Carol Harding, Department of Finance and Administration, presented the
following warrants for approval by the Board:
BIDS:
All Funds
Electronic Transfer:
Payroll Fund
$ 1,067,872.23
$ 80,242.14
Commissioner Hall moved to approve the warrants as presented by Ms.
Harding. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
APPROVE MOW/HERBICIDAL APPLICATION - PUBLIC WORKS
DEPARTMENT: Pat Persichino, General Services Director, recommended the
following be approved: 1) Vegetation Services, sole bidder for Region #3
(southeast Weld), at $110 per hour for labor plus cost of herbicides; 2) AAA
Weed Control, sole bidder for Region #1 (northwest Weld), at $75 to $150 per
hour for labor plus cost of herbicides; and 3) Custom Services of Colorado, sole
bidder on all regions for mowing, at $25 to $60 per hour plus a $40 setup
charge. Mr. Persichino indicated there were no bidders for herbicide application
for Regions #2 (northeast Weld) and #4 (southeast Weld). Commissioner Hall
moved to approve the bid, as recommended by staff. Seconded by
Commissioner Harbert, the motion carried unanimously.
APPROVE 1/2 -TON, 4 -WHEEL DRIVE TRUCK WITH EXTENDED CAB -
CORONER: Mr. Persichino presented the recommendation of Scott Anthony,
Coroner, for the second lowest bidder, Garnsey and Wheeler. The low bid
received from Weld County Garage did not have a third door, which was part of
the specifications. Mr. Anthony indicated the three -door pickup was necessary
because of the loss of cabinet space which has occupied the back of the
suburban previously used; also, the bed of the pickup will be set up to handle
two or three bodies, eliminating any extra space for equipment. Responding to
Commissioner Hall, Donald Warden, Director of Finance and Administration,
explained the change from a suburban to a pickup was requested for reasons
of contamination and lower cost for a four-wheel drive vehicle. He also stated
the pickup bed will have a shell on it. Commissioner Harbert moved to approve
the bid from Garnsey and Wheeler, in the amount of $22,859, plus $417 for
cabin seats. Seconded by Commissioner Webster the motion carried
unanimously.
Minutes, April 2, 1997 970585
Page 2 BC0016
BUSINESS:
NEW: CONSIDER AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
TRANSFER OF PROPERTY WITH COLORADO DEPARTMENT OF HUMAN
SERVICES AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County
Attorney, explained the agreement approved by the Board of County
Commissioners on February 14, 1996, contained a clerical error in Section 1(C),
which inadvertently stated the 17th Judicial District would have pre -commitment
youths detained in this facility. Said amendment corrects Section 1(C), omitting
the 17th Judicial District. Commissioner Hall moved to approve said amendment
and authorize the Chair to sign the necessary documents. Seconded by
Commissioner Harbert, the motion carried unanimously.
CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner
Harbert moved to appoint Beverly McConnico to replace Laurel Belau, with a
term to expire January 31, 1999. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
PLANNING:
CONSIDER ZPMH #2047 - ANN: Kerni Keithley, Department of Planning
Services, stated this request is for a mobile home to be used as a temporary
dwelling for a medical hardship. A letter from Michael Perlman, M.D., was
submitted with the application, stating the applicant's husband, Jerry Bating
suffers from mild Alzheimer's disease, thereby creating the medical hardship.
A letter from Macky Bennett, Care Link Director, was also submitted and
marked as Exhibit "A". Ms. Keithley further stated this property is more than ten
acres; is Lot B of Recorded Exemption #496; and is screened from Weld County
Road 5 by a number of large trees which surround the site. She also noted
there is a private access road to the home off Weld County Road 5. Ms.
Keithley explained this matter was brought before the Board because 70
percent of the surrounding property owners did not sign the petition as required
by the Zoning Ordinance; the applicant was only able to obtain 62.5 percent of
the appropriate signatures. Ms. Keithley also stated several letters have been
received from surrounding property owners who are against approval of this
request. Martha Ann, applicant, explained she is currently living in Boulder with
her husband in a home crowded with other family members. She explained the
difficulties of placing her husband in a day care situation and stated the family
is willing and able to care for him. Ms. Ann and her daughter, Christy Jones,
jointly purchased this property with the intention of Mr. and Mrs. Jones, their son
and his partner living on the main floor, with their pregnant daughter and her
partner living in the lower level apartment. The mobile home is being requested
for Ms. Ann and her husband. Ms. Ann also noted the mobile home was moved
onto the property on March 1, 1997, after talking to Chris Goranson,
Department of Planning Services. Ms. Ann further explained three rows of trees
on the south will provide screening after further growth, and she will have siding
on the outside of the mobile home, with the intention of giving it more of a
"cottage" appearance. In response to Commissioner Kirkmeyer's question as
to why this property was purchased when it was known an exception had to be
Minutes, April 2, 1997 970585
Page 3 BC0016
made to allow the mobile home, Ms. Ann stated she feels there is a lack of
knowledge regarding Alzheimer's; most people do not understand it is a
deterioration of the brain. Ms. Ann responded to Commissioner Harbert that
there will be no problem with removal of the mobile home after the medical
hardship ceases and stated she is not trying to circumvent County regulations.
Randy and Cassaundra Krehbiel, property owners east of the subject property,
submitted a letter, marked as Exhibit "B", stating their concerns regarding this
request. Dean Mirabassi, property owner directly south of subject property,
questioned the posting requirements, stating the sign was up a very short time.
Ms. Keithley informed the Board the sign was posted on March 21, 1997. Mr.
Mirabassi further stated his concerns regarding the decrease in property values
when mobile homes begin to appear in an area. He also stated the existing
home has two kitchens, three baths, and four bedrooms; therefore, with the
addition of a double -wide mobile home, the property would no longer be
consistent with the single family dwellings that surround the property. Mr.
Mirabassi also stated the mobile home is in plain view from the south. Mr.
Krehbiel, stated his concerns regarding the size of the mobile home, which
seems excessive to him. He also said the trees do not screen the view of the
mobile home from his property, and the mobile home also blocks his view of the
mountains. Mr. Krehbiel stated the applicant knew of the medical condition and
was aware of the requirement for an exception to place the mobile home on the
property for the medical hardship; therefore, she could have found a more
suitable property. After discussion regarding other mobile homes in the area,
Ms. Keithley stated there is only one, which is an accessory to a farm and is in
the violation process. Ms. Jones clarified both parcels #068 and #022 are
owned and clarified the location of the mobile home is limited because of the
availability of water. She stated the mobile home was placed as near the house
as possible, while remaining screened by the trees. Commissioner Kirkmeyer
stated she is concerned with adding four families on one property in a single-
family neighborhood; whether this request qualifies for the zoning requirement
that "no reasonable alternative is available"; and the applicant knew of the
conditions prior to the purchase of the property. Responding to Commissioner
Hall, Ms. Ann stated she did clarify with Mr. Goranson that this was within the
statutes of the area before purchasing the property. Commissioner Webster
verified the applicant does plan to remove the mobile home when the medical
hardship no longer exists, then moved to approve ZPMH #2047, with the
Conditions of Approval as recommended by staff. Chair Baxter seconded the
motion. Commissioner Kirkmeyer reiterated her concerns that the mobile home
would not be compatible with the surrounding property, adding four families to
one property in a single-family area, and that other alternatives were available
before the purchase. Commissioner Harbert stated she shares Commissioner
Kirkmeyer's concerns and compassion, however, she agrees the alternatives
were not fully explored prior to purchasing the property. On a roll call vote,
Commissioners Hall, Kirkmeyer and Harbert voted against the motion; therefore,
the request is deemed denied.
Minutes, April 2, 1997 970585
Page 4 BC0016
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 9:45 a.m.
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L Qpoti
y Clerk t.•ti he Board
BOARD OF COUNTY COMMISSIONERS
WELD NTY, C0RADO
George Baxter, Chair
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Constance L. Harbert ro-Tem
Dale K. Hall
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tarbara J. Kirkmeyer
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W. H.'Webster''
Minutes, April 2, 1997 970585
Page 5 BC0016
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