HomeMy WebLinkAbout931470.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 7, 1993
TAPE #93-23
The Board of County Commissioners of Weld County, Colorado, met
in regular session in full conformity with the law and bylaws of
said Board at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, July 7, 1993, at the hour
of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Weld County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of County Commissioners meeting of June 30, 1993, as printed.
Commissioner Hall seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on
June 30, 1993, as follows: 1) Amended Planned Unit Development
Plan, Del Camino Center Partnership, et al. , c/o Ed Kanemoto; 2)
Change of Zone from R-1 (Low Density Residential) to E (Estate) ,
Weld County Board of Commissioners; and 3) Special Review Permit
for a home business (weddings and similar ceremonies) in the A
(Agricultural) Zone District, Constance Shaw and James Wright.
Commissioner Webster seconded the motion, and it carried
unanimously.
ADDITIONS: Item #5 under New Business was deleted.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
PUBLIC INPUT: There was no public input given.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 410, 146. 73
Payroll Fund $ 36,215.25
Handwritten warrants:
Payroll Fund $ 710, 698.34
Electronic transfers:
Payroll Fund $ 66, 064.09
931470
Commissioner Webster moved to approve the warrants as presented
by Mr. Warden. Commissioner Baxter seconded the motion, which
carried unanimously.
BIDS: PRESENT AUCTION SERVICES - MOTOR POOL: Mr. Warden read the
names of the five vendors who submitted bids. Said bid will be
considered for approval on July 21, 1993.
PRESENT ENGINEERING SERVICES FOR BRIDGES NO. 14.5/25A AND FT.
LUPTON 14TH FULTON - ENGINEERING DEPARTMENT: Mr. Warden read
the bids received from Les Matson Construction, Inc. , Paramount
Construction, Inc. , Neatline Structures, Inc. , and Wycon
Construction Company. Said bid will be considered for approval
on July 21, 1993.
BUSINESS:
OLD: CONSIDER TAX ABATEMENT PETITION FROM COTTONWOOD TRAVEL COMPANY
AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM 05/24/93) : Warren
Lasell, County Assessor, said he met with the lessees and a
representative from UNC. The initial assessment was $10.00 per
square foot, and Mr. Lasell is now recommending $6.00 per square
foot. Linda Hoff, Cottonwood Travel, asked how the Assessor's
Office arrived at the $6.00 figure. Dave Schildmeier,
Assessor's Office, explained there are no available comparables
because of the small size of the businesses; therefore, he
looked at areas where they could relocate. The small areas at
the mall are $10.00 to $12.00 per square foot. He then deducted
to account for the lack of parking and signage and time the
business is not open. Ms. Hoff used Winona's (downtown) as a
comparison. Kay Kosmicki, owner, said a comparison cannot be
made with mall space, since her business cannot be opened at all
times. Mr. Lasell explained the 13% capitalization rate and
stated this case is more than a value problem. Some of the
problem is created by the lease. Guy Brenckle, UNC Business
Manager, explained the history of these stores. He said they
are not priced as public businesses, since UNC solicited them
for the students and faculty members. He said only about 5% of
their business is public. Mr. Brenckle compared them with the
Centennial Deli, which is a private business asked to provide a
service to employees of a tax-exempt entity without being taxed.
He said the cost of these businesses is $11.59 per square foot,
when all expenses are included. The lease is charged at $12.00
per square foot. Mr. Warden said no rent is received from the
Deli, and it is included as a required part of the bid for food
services in the jail. Therefore, there is no value on the
business, and the tax is zero. Bruce Barker, County Attorney,
said his office checked with Larimer and Boulder Counties and
found that Boulder County does tax this type of property.
Larimer County only recently became aware that they can tax and
they intend to do so in the future, although they have not taxed
in the past. In response to a question from Commissioner
Kirkmeyer, Mr. Schildmeier said the assessed value now being
recommended is $16, 600. He said the original value was $76.92
per square foot, instead of $46.15 per square foot. After
discussion, Commissioner Kirkmeyer moved to approve the
abatement to the adjusted base of $6.00 per square foot. The
motion was seconded by Commissioner Baxter. On a roll-call
vote, the motion carried unanimously.
Minutes - July 7, 1993
Page 2
CONSIDER TAX ABATEMENT PETITION FROM AMY JERE ALMQUIST, DBA
CAMPUS CUTS, AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM
05/24/93) : Mr. Lasell said the comments made concerning the
previous abatement petition also pertain to this one. Amy
Almquist, owner, stated the Centennial Deli should make a good
comparison because it is operated by a business for profit;
therefore, the space has to have value. Mr. Barker explained
the County makes the vendor operate it as part of the jail food
package. Mr. Warden stated the County, in essence, is paying
the vendor to run the business. After discussion, Commissioner
Kirkmeyer stated UNC should be encouraged to adjust the lease
charges since someone obviously has to subsidize these
businesses. Commissioner Kirkmeyer moved to approve the
abatement to the adjusted recommendation of $6.00 per square
foot. Seconded by Commissioner Baxter, the motion carried
unanimously. Commissioner Hall pointed out it appears to be the
unanimous decision of the Board of County Commissioners that UNC
needs to adjust the rental prices, and it is not the taxes
forcing businesses to close, it is the overhead they are
expected to pay.
NEW: CONSIDER REQUEST FOR CHANGE OF OWNERSHIP FOR TAVERN LIQUOR
LICENSE, WITH EXTENDED HOURS, FROM JOHN PLOTKIN, DBA LA GARRA,
TO FRANCISCO GALLEGOS, DBA LA GARRA, AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Barker explained he has reviewed said application and
found it to be complete, with three letters of recommendation,
a copy of the business lease, and the individual history record
for Francisco Gallegos all included. Mr. Barker explained past
restrictions regarding hours of operation and security guards.
June Faudoa, property owner, said John Plotkin, past operator,
had security guards present whenever the establishment was open.
Mr. Gallegos said he plans to be open only on weekend nights and
holidays as follows: Friday 6:00 p.m. to 1:00 a.m. , Saturday
5:00 p.m. to 1:00 a.m. , and Sunday 4:00 p.m. to 11:00 p.m. Mr.
Barker suggested his hours of operation be restricted to those
hours. Commissioner Webster moved to approve said request for
Change of Ownership for Tavern Liquor License, with extended
hours, with the condition that security guards are present
during all hours of operation and the hours of operation are
restricted to weekend evenings and holidays, and to authorize
the Chairman to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER REQUEST FOR A TEMPORARY PERMIT FOR TAVERN LIQUOR
LICENSES, WITH EXTENDED HOURS, FROM FRANCISCO GALLEGOS, DBA LA
GARRA: Mr. Barker explained the temporary permit, if allowed,
would authorize Mr. Gallegos to open for business prior to
receiving the State license. He said both conditions attached
to the license would apply to said permit. Commissioner Webster
moved to approve said permit. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER DANCE LICENSE FOR FRANCISCO GALLEGOS, DBA LA GARRA:
Mr. Barker said Dance Licenses have previously been issued for
this establishment. Commissioner Webster moved to approve said
license. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH
DEPARTMENT AND NORTHERN COLORADO HEALTH NETWORK, INC. , DBA
NORTHERN COLORADO AIDS PROJECT AND AUTHORIZE CHAIRMAN TO SIGN:
Jeannie Tacker, Health Department, reviewed said agreement which
uses the Ryan White C.A.R.E. Title II Funds from the Governor's
Minutes - July 7, 1993
Page 3
AIDS Council to continue the consortium of care services for
persons with HIV disease in Weld and Larimer Counties. The
subcontract with NCAP will be for a total of $5, 913.00, during
the term of April 1, 1993 through March 31, 1994. Commissioner
Kirkmeyer moved to approve said agreement and authorize the
Chairman to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WEST 28TH
STREET INSIDE WEST RIDGE SUBDIVISION, SECOND FILING: This item
was deleted from the Agenda.
CONSIDER CONTRACT BETWEEN COLORADO DEPARTMENT OF PUBLIC SAFETY,
DIVISION OF CRIMINAL JUSTICE, AND THE OFFICE OF THE DISTRICT
ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this
is a contract to continue the Juvenile Diversion Program Funding
for the 1994 fiscal year. Commissioner Kirkmeyer moved to
approve said contract and authorize the Chairman to sign.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER RESOLUTION RE: APPOINTMENTS TO LOCAL JUVENILE SERVICES
PLANNING COMMITTEE: Commissioner Hall moved to approve said
appointments, as listed in the draft resolution. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER RESOLUTION RE: POLICY FOR 45-DAY WAIVER PURSUANT TO THE
COLORADO LIQUOR CODE: Mr. Barker explained said policy change
is to regulate the number of establishments asking for a waiver
of the 45-day time limit required for renewal of liquor
licenses. After discussion, Commissioner Baxter moved to
approve said draft resolution. Seconded by Commissioner
Webster, the motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE BOARD OF COUNTY COMMISSIONERS
TO CONVENE AS BOARD OF EQUALIZATION: Commissioner Hall moved to
approve said draft resolution. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER CANCELLATION OF UNCOLLECTIBLE HEALTH DEPARTMENT
CUSTOMER ACCOUNTS, IN THE AMOUNT OF $5, 196.90: Commissioner
Webster moved to approve said cancellation. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ACCEPTING DONATION OF MEDICAL EXAM TABLE FOR JAIL: Mr.
Warden explained Dr. Flowers, the current jail physician,
offered the table as a donation. Commissioner Hall moved to
accept said donation. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER CANCELLATION OF GENERAL FUND WARRANTS FOR JUNE, 1993,
IN THE AMOUNT OF $13, 148.11: Commissioner Baxter moved to
approve said cancellation. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO ENTER
UPON CERTAIN LANDS: Commissioner Webster moved to approve said
request. Seconded by Commissioner Hall, the motion carried
unanimously.
Minutes - July 7, 1993
Page 4
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 122 BETWEEN WELD
COUNTY ROADS 85 AND 87; AND WELD COUNTY ROAD 38 BETWEEN HIGHWAY
85 AND WELD COUNTY ROAD 29: Commissioner Hall moved to approve
said closures. Seconded by Commissioner Webster, the motion
carried unanimously.
(Let the record reflect Lee Morrison, Assistant County Attorney,
is now the attorney of record. )
PLANNING: CONSIDER RE #1503 - CHASE AND BAXTER INVESTMENTS (CONT. FROM
06/02/93) : Greg Thompson, Department of Planning Services, +made
this a matter of record, and entered the unfavorable
recommendation of staff into the record. Larry Intermill,
representing Chase and Baxter Investments, presented evidence of
an access by usage on the north side of the property. Mr.
Morrison explained he met with Mr. Intermill and his client and
there is no written, clear easement for access; however, there
is evidence for an access by usage. Mr. Intermill explained the
evidence presented and discussed the easement for access. Mr.
Morrison stated the neighboring landlord is not willing to
execute an easement agreement for a residential tract, although
he has no problem with allowing the access to be used for
farming. Mr. Morrison pointed out the change of usage would not
change the easement; however, a change in the burden might. In
response to a question from Commissioner Kirkmeyer, Mr. Morrison
said it is doubtful the neighbor could close off the easement.
In order to be certain the access remains, a court order needs
to be obtained. Mr. Morrison feels there is good evidence for
a court order to be granted as an easement by use or prior
agreement. In response to a question from Commissioner Hall,
Mr. Morrison said a Condition of Approval could require a court
order to be obtained; however, the problem could also be
resolved by placing a note on the plat stating there is no
recorded easement for access, although there appears to be
evidence for an access by use. Mr. Thompson presented five
Conditions of Approval to the Board for consideration. Mr.
Morrison said he would clarify Condition of Approval #4 by
specifically listing what evidence is needed to show legal right
to use the existing access to Lot A. He recommended adding the
following sentence: "The evidence shall be either a court order
or a grant of easement for right-of-way." Mr. Intermill asked
that the 30-foot width for the access be deleted, to allow the
court to determine the width also. Mr. Morrison recommended the
same and said if the easement is granted by usage it will not be
any wider than it was in the past. Mr. Intermill agreed with
the other Conditions of Approval as -written. Commissioner
Kirkmeyer moved to approve Recorded Exemption #1503, with
Conditions of Approval #1, #2, #3, and #5 as written, and
changing Condition of Approval #4 by adding the abovementioned
sentence as recommended by Mr. Morrison and deleting the
sentence regarding the 30-foot width. Seconded by Commissioner
Webster, the motion carried unanimously.
CONSIDER REQUEST FROM MARC CONNELLY, THE WESTERN SUGAR COMPANY,
FOR PREADVERTISEMENT OF SPECIAL REVIEW PERMIT: In response to
a question from Commissioner Baxter, Mr. Thompson said this
request is due to the short time prior to harvest. Commissioner
Webster moved to approve said request for preadvertisement and
to set the hearing for August 11, 1993, at 10:00 a.m. Seconded
by Commissioner Baxter, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The Resolutions were presented and signed as listed on the
consent agenda. There were no Ordinances.
Minutes - July 7, 1993
Page 5
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
10:30 A.M.
jI��r APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board 787, -,,.-E , c ✓ -`ice
`Constance L. Harbert, Chairman
BY: 4 // �Ct-4 iii, / 1n 4 / )2i
Deputy Clerk to the Board W. yyy((("' Webs er, Pro-Tem
rgeZ Baxte 74:c
Dale K. Hall
Barbra J. �• _� /7LEL/!.ti
Barbara J. Kirkmeye
Minutes - July 7, 1993
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JULY 7, 1993
TAPE #93-23
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Board of Social Services in full
conformity with the law and bylaws of said Board at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, July 7, 1993, at the hour of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Lee Morrison
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board
of Social Services meeting of June 30, 1993, as printed.
Commissioner Hall seconded the motion, and it carried
unanimously.
WARRANTS: Carol Harding, Finance Department, presented the warrants for
approval by the Board in the amount of $43,624.69. Commissioner
Baxter moved to approve the warrants as presented by Ms.
Harding. Commissioner Hall seconded the motion, which carried
unanimously.
NEW BUSINESS: CONSIDER NEW DIRECTIONS/JOB OPPORTUNITIES AND BASIC SKILLS
PROGRAM INTRA-GOVERNMENTAL AGREEMENT WITH HUMAN RESOURCES AND
AUTHORIZE CHAIRMAN TO SIGN: Commissioner Webster moved to
approve said agreement and authorize the Chairman to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER EMPLOYMENT FIRST PROGRAM INTRA-GOVERNMENTAL AGREEMENT
WITH HUMAN RESOURCES AND AUTHORIZE CHAIRMAN TO SIGN:
Commissioner Baxter moved to approve said agreement and
authorize the Chairman to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
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
10:35 A.M.
APPROVED:
ATTEST: ® ��� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board 41.,zS�.,nrB1 c, ignite_ -
Const nce L. yiarbee tt, IlChairman
Deputy Cleric to the Bo3scL.≥ W. H. bster, Pro-Tem
am
�/y//�/
e� Baxte
Dale K. Hall
,Y/4 CCU _1 . ,I�i/?101v{4
/Barbara J. Kirkme er
Minutes - July 7, 1993
Page 2
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