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HomeMy WebLinkAbout960547.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 27, 1996 TAPE #96-09 AND#96-10 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, March 27, 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 Baxter moved to approve the minutes of the Board of County Commissioners meeting of March 25, 1996, as printed. Commissioner Webster 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 Harbert seconded the motion, and it carried unanimously. 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 $ 232,549.75 Electronic Transfer: Payroll Fund $ 1,482,231.68 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. 960547 BC0016 BIDS: PRESENT BIDS: Pat Persichino, General Services Director, stated there are no bids to present. APPROVE HOUSEHOLD HAZARDOUS WASTE PICKUP AND TRANSPORT SERVICES - HEALTH DEPARTMENT: Mr. Persichino stated the Health Department recommended acceptance of the low bid from ENSCO, for Scenario #1, at $20,839.00. Commissioner Hall moved to approve said recommendation, and Commissioner Harbert seconded the motion, which carried unanimously. APPROVE FUEL (UNLEADED, DIESEL, REGULAR, AND PROPANE) - VARIOUS DEPARTMENTS: Mr. Persichino stated the Public Works Department recommended acceptance of the low bid from Agland, Inc., on all locations except for LaSalle, for which Rothman Oil Company is the low bidder. He confirmed the recommendation is to split the bid between the two vendors. Commissioner Hall moved to approve said recommendation, and Commissioner Webster seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM APPLICATION FOR FUNDS FROM COMMUNITY CORRECTIONS BOARD TO COLORADO DIVISION OF CRIMINAL JUSTICE AND AUTHORIZE CHAIR TO SIGN: Jan Spangler, Administrative Assistant for Community Corrections Board, stated this is the second year this grant has been applied for, and the program is currently operating on said funds. Commissioner Webster moved to approve said application and authorize the Chair to sign. The motion, seconded by Commissioner Harbert, carried unanimously. CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR METRO OIL, INC., DBA TOTAL #2748, AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attomey, stated the requisite fees and documentation have been provided, and the Sheriffs Office indicated no concems with this establishment. Commissioner Hall moved to approve said renewal and authorize the Chair to sign. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER CORPORATE REPORT OF CHANGES FOR 3.2% BEER LICENSE FOR METRO OIL, INC., DBA TOTAL #2748, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated this report concerns the president and treasurer of the corporation. Commissioner Webster moved to approve said changes and authorize the Chair to sign. The motion was seconded by Commissioner Hall, and it carried unanimously. Minutes, March 27, 1996 960547 Page 2 BC0016 PLANNING: CONSIDER ZPMH #2009 - NIGRO: Chris Goranson, Planning Department, reviewed staff recommendation for approval and noted the reason this request is before the Board is because the applicant did not obtain 70 percent of the surrounding property owners' signatures. He indicated the Public Works Department is requiring the existing access be utilized, and two letters of concern from surrounding property owners were received. Responding to questions from the Board, Mr. Goranson stated staff feels the mobile home will be compatible with the surrounding area if set back from the road and maintained as proposed by the applicant. Brent Nigro, applicant, confirmed the mobile home, including a fence, yard, and a nice view, will have aesthetic value and be beautiful. He also confirmed he will take care of the old barn on site. Responding to further questions from the Board, Mr. Nigro stated he intends to place a single-wide mobile home on site to keep his future options open. He noted he attempted to contact all surrounding property owners and stated he has owned the property for two years and has no plans to sell it. Brent Fisher, surrounding property owner, reiterated his concerns as detailed in his letter dated March 25, 1996, to Planning and responded to questions from the Board. (Changed to Tape#96-10 during discussion.) Mr. Goranson clarified for the Board that Lot A of RE#877, which is the subject property, was approved in 1986, and then Lot B of RE#877 was amended in 1992. Mr. Nigro reiterated he has not improved the property because he wants to do the whole project at one time. He noted the site will be professionally landscaped and will be clean and beautiful. He also stated there are mobile homes all around and his will be back, off the road. Responding to further questions from the Board, Mr. Nigro stated he has not yet purchased the mobile home but anticipates purchasing one worth $20,000.00. He noted he lives on and owns Lot B of Amended RE #877; therefore, he, too, wants the property to have aesthetic value. Mr. Nigro stated the home will probably be used for family members or may be rented. After further discussion, Commissioner Webster moved to approve ZPMH#2009 for Brent Nigro, including the Conditions of Approval, based on the applicant's effort and because he feels the home will not infringe upon the neighbors. Commissioner Baxter seconded the motion and stated he has no problem with the compatibility of mobile homes, which are all over the County. Mr. Barker noted Mr. Nigro indicated he agrees with all Conditions of Approval, and the motion carried unanimously. CONSIDER CORRECTED LEGAL DESCRIPTION FOR USR#1099 - KERSEY COMMUNITY CHURCH (01/03/96): Mr. Barker explained USR #1099 was approved at a public hearing in January 1996; however, the notice for said hearing was published with an incorrect legal description. He stated a corrected notice has been published and this hearing is open for any public comment conceming said matter. Shani Eastin, Planning Department, reiterated the notice for the Board's hearing was incorrect; however, the Planning Commission's notice was correct; therefore, it does not need to be reconsidered by the Planning Commission. Mr. Scholfield representing the Church stated he regrets a mistake was made, but the construction is already in process. He reiterated his support of this matter. Mr. Barker clarified the motion should affirm the Resolution approved on January 3, 1996. Commissioner Baxter so moved, and Commissioner Webster seconded the motion, which carried unanimously. Minutes, March 27, 1996 960547 Page 3 BC0016 CONSIDER RE #1833 - MOODY (CONT. FROM 02/14/96): Gloria Dunn, Planning Department, reviewed staff recommendation for denial and reiterated the reasons. She stated she has had meetings with J. Moody, applicant; Bruce Johnson, applicant's representative; and Mr. Barker regarding the Board's concern with the location of a residence on Lot B as discussed at the Board's meeting on December 27, 1995; however, no options other than this recorded exemption were resolved. She confirmed six acres were divided from Mr. Moody's property by a staff-approved subdivision exemption in December 1995. Mr. Johnson clarified if Mr. Moody's intent was to maximize development, he would suggest the subdivision process; however, that is not his intent. He reiterated various options were discussed and stated it is unreasonable to have a building envelope requiring an exact location. Mr. Moody noted installation of a sprinkler may invalidate a building envelope and answered further questions from the Board. After further discussion, Chair Kirkmeyer voiced concern about Mr. Moody purchasing the property as a whole and selling off pieces. She clarified if his intent is to develop, it must be planned in an efficient and orderly manner. Mr. Moody reiterated he bought the property as a whole to acquire the reservoir and denial of this request will make it more difficult for him to keep the property as a farm because he needs to sell Lot A to finance a sprinkler. Commissioner Harbert confirmed Mr. Moody is splitting off Lot A for financial purposes and suggested if further splits are requested on the east side of the property the minor subdivision process be used. Mr. Moody stated he would need only one more exemption on the southeast corner of the property. No public testimony was given. Commissioner Harbert moved to approve RE#1833 for J. Gale Moody, including Conditions of Approval as submitted by staff, to allow the applicant means to start an irrigation system. Commissioner Webster seconded the motion, and Mr. Moody confirmed acceptance of the Conditions of Approval. Commissioner Baxter stated this is a difficult decision, but he feels the applicant intends to continue to farm the property; therefore, he will vote for the motion. The motion then 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. Minutes, March 27, 1996 960547 Page 4 BC0016 There being no further business, this meeting was adjourned at 10:10 a.m. BOARD OF COUNTY COMMISSIONERS { �' )�6.1 ALKrtmeyer' A'7 nt to the Board O. e . Baxter Pr Tem p y CIer4 t the Board Da a K. Hall ( /6�da-si d 47 Constance L. Harbert IA f t W. H. Webster Minutes, March 27, 1996 960547 Page 5 BC0016 Hello