HomeMy WebLinkAbout982354.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 7, 1998
TAPE #98-32
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,
December 7, 1998, 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 Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of November 30, 1998, as printed. Commissioner
Webster seconded the motion, and it carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Hall 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:
All Funds $1,431,940.50
Electronic Transfers -All Funds $91,933.07
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Hall seconded the motion, which carried unanimously.
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BUSINESS:
NEW: CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES FOR
CONO-SERVICES, DBA CONOCO #06394 AND AUTHORIZE CHAIR TO
SIGN: Bruce Barker, County Attorney, stated this report of changes indicates
there has been a change in the manager position which requires approval by the
Board. Commissioner Kirkmeyer moved to approve said report of changes and
authorize the Chair to sign. Seconded by Commissioner Webster, the motion
carried unanimously.
CONSIDER CHANGE OF OWNERSHIP FOR TAVERN LIQUOR LICENSE
FROM LUCKY STAR CORPORATION, DBA LUCKY STAR BAR AND GRILL,
TO ROMANCE,INC.,DBA CLUB ROMANCE/LUCKY STAR AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated the applicants have submitted a corporate
resolution authorizing their signature of the lease, and explained the property is
owned by the lessor. Mr. Barker further stated each of the corporate officers has
submitted an individual history record, finger prints, and three letters of
recommendation. Commissioner Webster moved to approve said change of
ownership and authorize the Chair to sign. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER TEMPORARY PERMIT FOR TAVERN LIQUOR LICENSE FOR
ROMANCE, INC., DBA ROMANCE/LUCKY STAR AND AUTHORIZE CHAIR
TO SIGN: William Crosier, attorney for Romance, Inc., stated a temporary
permit will allow the applicant to conduct business while waiting for the permit to
be returned by the State. Commissioner Hall moved to approve said temporary
permit. Seconded by Commissioner Webster, the motion carried unanimously.
CONSIDER ACCEPTANCE OF CONSERVATION EASEMENT AND
AUTHORIZE CHAIR TO SIGN - JACK AND MARILYN BEDFORD: Lee
Morrison,Assistant County Attorney, stated Lot A of Recorded Exemption#2316
is not useable as a residential site. He stated the conservation easement
requires Weld County to ensure that no residential structure will be placed on
Lot A; however, accessory agricultural structures will be allowed. Commissioner
Hall moved to accept said conservation easement and authorize the Chair to
sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER SERVICE ENHANCEMENT REQUEST FOR MICROCOMPUTER
NETWORK SUPPORT AND AUTHORIZE CHAIR TO SIGN -SCT: Mr. Warden
stated this service enhancement request will cover additional computers being
used by the Social Services and Human Services Departments. In response to
Commissioner Kirkmeyer, Mr. Warden stated the money will be reimbursed
under State and Federal grants. Commissioner Webster moved to approve said
service enhancement request and authorize the Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
SECOND READING OF ORDINANCE #118-P, IN THE MATTER OF
AMENDING THE PERSONNEL POLICY HANDBOOK: Commissioner
Kirkmeyer moved to read Ordinance #118-P by title only. Commissioner Hall
seconded the motion, which carried unanimously. Mr. Barker read said title for
the record. He stated the Personnel Department has requested the Composition
of the Grievance Board Section be changed to reflect that any employee sitting
on the Grievance Board should also be eligible to participate in the grievance
Minutes, December 7, 1998 982354
Page 2 BC0016
process, which excludes part-time and temporary employees. In response to
Commissioner Kirkmeyer, Mr. Barker stated the specific section number and
wording will be presented at third reading for approval. There was no public
input concerning this matter. Commissioner Hall moved to approve Ordinance
#118-P on second reading. Seconded by Commissioner Webster, the motion
carried unanimously.
PLANNING: CONSIDER VACATION OF SUP #397, USR #809 AND USR #1132 -
WESTERN MOBILE BOULDER, INC.: Scott Ballstadt, Department of Planning
Services representative, stated Special Review Permit#1199 was approved on
November 4, 1998, for Western Mobile. As a Condition of Approval for
USR #1199, Western Mobile has submitted a letter requesting vacation of
SUP#397, USR#809, and USR#1132. Commissioner Hall moved to approve
said vacations. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER RELEASE OF COLLATERAL, WESTERN DAIRYMEN
SUBDIVISION, S#431 WITH REDUCTION IN COLLATERAL TO $150,136.95:
Commissioner Webster moved to release said collateral. Commissioner
Kirkmeyer seconded the motion. Mr. Ballstadt explained Kris Pickett, Pickett
Engineering Company, is requesting the Board accept a replacement letter of
credit in the amount of $150,136.95 to cover fifteen percent of the road
improvement costs, 100 percent of the landscaping plans, and the temporary
access drive. Mr. Ballstadt stated staff is requesting the new letter of credit be
held until October, 1999. Don Carroll, Department of Public Works
representative, stated he visited the site on October 5, 1998, and is satisfied with
the road condition. He added, following a one year period, the applicant may
request a reinspection to determine whether the remaining collateral be
released. In response to Commissioner Kirkmeyer, Mr. Morrison stated the Clerk
to the Board will release the original letter of credit once the replacement letter
of credit is submitted. The motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD
MAINTENANCE) FOR HONNECKE COMMERCIAL COMPLEX AND ACCEPT
COLLATERAL - DIANE HONNECKE: Monica Mika, Director of Planning
Services, explained Diane Honnecke has agreed to the Road Improvements
Agreement and has submitted a Cashier's check in the amount of$58,914.00.
In response to Commissioner Hall, Mr. Carroll stated he has reviewed and is in
agreement with the Road Improvements Agreement. Responding to
Commissioner Kirkmeyer, Mr. Carroll stated under the agreement the County is
required to conduct a survey of the area and work with each lot owner to ensure
the grade from each lot is consistent. He further stated the project is to be
complete April 15, 1999. Commissioner Hall moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER MINOR RESUBDIVISION FOR VACATION OF UTILITY
EASEMENT - CORRALES: Ben Patton, Department of Planning Services
representative, gave a brief description of the location of the proposed vacation.
He stated the recorded Zendt's Farm Plat indicates the extension of East 18th
Street was to be abandoned and vacated; however, in June 1998, the Board
Minutes, December 7, 1998 982354
Page 3 BC0016
voted to leave the extension open to traffic. He stated the Public Service
Company of Colorado, the Utilities Commission, and utility providers have
indicated they have no concerns with this application. Mr. Patton explained this
application process is the first of three steps in allowing the construction of a
manufactured home to occur on the property. In response to Commissioner
Kirkmeyer, Mr. Patton explained in June 1998, the Board was asked to vacate
the extension of East 18th Street, which borders to property on the south;
however, the request was denied. He stated this request is to vacate the utility
easement running through the property, parallel to East 18th Street. Responding
to Commissioner Hall, Mr. Patton stated there are no utilities in the easement.
Mr. Barker explained because of setback requirements, the applicant is
requesting the easement be vacated to allow enough room to place a mobile
home on the property. In response to Commissioner Kirkmeyer, Mr. Patton
stated there is a septic system permit on Lot 4 which has not been finalized.
Sheble McConnellogue, Health Department representative, stated a septic
permit was applied for in June 1998 on Lots 3 and 4 which total 1.3 acres in size.
Mr. Patton stated the deed is incorrect and should only reflect Lot 4, which is
approximately one-half acre in size. He further stated the applicant will need to
submit a correct deed prior to issuance of a building permit. In response to
Commissioner Kirkmeyer, Mr. Patton stated Condition of Approval #2 applies
only to Lot 4. Ms. McConnellogue stated this property will require an engineer-
designed septic system.
Rito Gallardo acted as interpreter for Rosalie Corrales and in response to
Commissioner Kirkmeyer, Ms. Corrales indicated she will apply for a corrected
septic permit for Lot 4. She further stated they have owned the property since
July 1998. In response to Chair Harbert, Mr. Patton indicated the Corrales were
not the owners when the Board considered the vacation of the East 18th Street
extension. Ms. Corrales clarified a septic system has been installed according
to specifications based on the size of Lot 4. Ms. McConnellogue stated the only
permit held by the Health Department is for Lots 3 and 4 which total 1.3 acres in
size. In response to Commissioner Hall, Ms. McConnellogue stated a normal
septic permit requires an acre lot; however, smaller lots which have been
created, must comply with current setbacks. She further stated this permit has
not been inspected or finalized; however, the applicant has until May 1999, to
request finalization. Mr. Barker stated Condition of Approval #2 does not relate
to the vacation of the easement and suggested deleting the Condition.
Richard Oster, surrounding property owner, asked the Board to clarify which
public utility easement is being considered for vacation. Chair Harbert indicated
the easement which is being considered and stated it is unused. In response to
Mr. Oster, Chair Harbert clarified if the easement is vacated, it will not effect his
utilities, and no roads will be closed. Mr. Oster requested the County to ensure
the mobile home is located in accordance with the setbacks.
Catherine Roadifer, surrounding property owner, expressed concern regarding
the septic system which has been installed and located on a hill. Chair Harbert
directed Ms. Roadifer to meet with a Health Department representative following
the hearing.
Commissioner Kirkmeyer clarified this request does not include the fifteen foot
utility and drainage easements along the east and south sides of the property.
Ms. Corrales indicated she understands that only the easement running through
Minutes, December 7, 1998 982354
Page 4 BC0016
the property is being considered for vacation. Commissioner Webster moved to
approve vacation of said easement as discussed above. Commissioner Hall
seconded the motion. Mr. Barker clarified that Condition of Approval #2 is not
necessary. In response to Commissioner Kirkmeyer, Mr. Patton stated there is
not a designated access. Mr. Barker stated an access permit will be considered
at a later time and Condition of Approval #3 is not necessary. Commissioner
Webster amended his motion to include only Condition of Approval #1.
Commissioner Hall agreed with the amendment, and the motion carried
unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance#118-P was approved on second reading.
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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
XI _
- W�E COUNTY, COLORADO
.
ATTEST: f4 j '
+� '' Constance L. Harbert, Chair
Weld County Clerk to the :oa .. CAllr -2friff0E7-Nz- •12
raai
r �� �. W. . Webs er, Pro-Tem
BY:
Deputy Clerk to the B' » ` ` EXCUSED
�U� V .\ orge E. Baxter
a . all
Barbara J. Kiirkmey
Minutes, December 7, 1998 982354
Page 5 BC0016
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