HomeMy WebLinkAbout931410.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 24, 1993
TAPE #93-18 & #93-19
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, May 24, 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 Webster moved to approve the minutes of the Board
of County Commissioners meeting of May 19, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on
May 19, 1993, as follows: 1) Special Review Permit for a
recreational facility (golf driving range) in the A
(Agricultural) Zone District, Henry and Marjorie Rickers;
2) Creation Hearing, Johnson Subdivision Local Improvement
District #1993-2; and 3) Show Cause Hearing to consider
revocation of USR #540, Northern Colorado Brine, c/o Mike Cervi.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
ADDITIONS: There were no additions to today's agenda.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
PRESENTATIONS: DISTINGUISHED BUDGET PRESENTATION AWARD - GOVERNMENT FINANCE
OFFICER'S ASSOCIATION: Chairman Harbert presented the
Distinguished Budget Presentation Award from Government Finance
Officer's Association to Don Warden, Director of Finance and
Administration.
PUBLIC INPUT: There was no public input today.
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WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General Fund $ 437, 681. 11
Commissioner Hall moved to approve the warrants as presented by
Mr. Warden. Commissioner Baxter seconded the motion, which
carried unanimously.
BIDS: RE-PRESENT PAVING AND SHOULDERING/JOHNSON SUBDIVISION -
ENGINEERING DEPARTMENT (05/19/93) : Pat Persichino, Director of
General Services, read the corrected bid amounts into the
record. Said bid was incorrectly presented to the Board on May
19, 1993 and will be considered for approval on June 2, 1993.
BUSINESS:
NEW: CONSIDER MEMORANDUM OF AGREEMENT WITH THE JACOB CENTER FOR
ELECTRONIC HOME MONITORING SERVICES AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Warden explained said agreement is in conjunction
with the changes made to the juvenile holding facility. The
County has eight juveniles in this program, which is reimbursed
100% by the State. The Jacob Center is the facility used by the
State, and it is the only facility in the area with the
capability of monitoring the juveniles. In response to a
question from Commissioner Webster, Mr. Warden explained it is
more cost-effective for the County to contract the service tahn
to provide it. Commissioner Hall moved to approve said
agreement and authorize the Chairman to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER TAX ABATEMENT PETITION FROM COTTONWOOD TRAVEL COMPANY
AND AUTHORIZE CHAIRMAN TO SIGN: Warren Lasell, Assessor,
explained there are two petitions to be considered today. The
first is the issue of possessory interest, which legal staff
should address. The second is the question of the value of the
property. Bruce Barker, County Attorney, explained that a
taxing entity can assess taxes on a leasehold property owned by
a tax-exempt entity. He cited §39-3-135, CRS, and said he also
called the Division of Property Taxation and received
confirmation of that decision. Mr. Warden explained it is the
same situation that arises with the retail properties in our
Courthouse Annex; however, the County has dealt with the problem
by taking the taxes into consideration when negotiating the
lease on those properties. Kay Kosmicki, owner of Cottonwood
Travel Company, said both CSU and CU waive the taxes in a
similar situation at their student centers, and she would like
the Board to consider waiving the taxes for UNC. Linda Haffner,
Cottonwood Travel, questioned where the 13 percent figure comes
from that was used in determining the value. She discussed her
concerns regarding the amount of time the building is not
accessible due to closure of the University and the effect of
not having adequate parking for the business. She also said the
Greeley Mall is assessed at only 1% higher than her business.
Dave Schildmeier, Assessor's Office, reviewed his appraisal
report dated May 21, 1993, and explained the values he used in
the appraisal. Commissioner Baxter noted the taxes to be paid
should be negotiated in the lease. Mr. Barker said the State
does not allow the Board of County Commissioners to determine
whether or not the tax is logical or allowable. Mr. Warden
explained, in a similar situation, the County pays the taxes
then negotiates the lease to allow those taxes to be paid back
to the County. Mr. Barker stated, in cases of possessory
interest, the Board of County Commissioners cannot waive the
taxes assessed to the leasehold. The Board discussed options
available at this time since they cannot waive the taxes. Mr.
Minutes - May 24, 1993
Page 2
Schildmeier explained the downward adjustment of 18 percent,
which he allowed for the amount of time the business cannot be
opened. After further discussion as to whether or not 18
percent is an adequate and fair amount, Commissioner Webster
moved to continue this matter to June 30, 1993, at 9:00 a.m. ,
and to refer the matter back to the Assessor's Office to allow
the applicant time to negotiate with UNC regarding the lease.
Commissioner Baxter seconded the motion, which carried
unanimously. Mr. Lasell said he would be unable to attend the
meeting on June 30 and requested the date be changed to July 7.
Commissioner Kirkmeyer so moved. Seconded by Commissioner
Baxter, the motion carried unanimously.
CONSIDER TAX ABATEMENT PETITION FROM AMY JERE ALMQUIST, DBA
CAMPUS CUTS, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Lasell said
this petition is very similar to the preceding one, in that the
property is also located at the UNC Student Center. Mr.
Schildmeier presented his appraisal, dated May 21, 1993, and
reviewed the value reached. Amy Almquist, petitioner, said she
understands the issue of possessory interest; however, her
petition is based on the assessment. She feels it is
inappropriate to use 13 percent because of the downtime, the
limited business accomplished throughout the summer, and the
lack of parking. (Changed to Tape #93-19 while Ms. Almquist was
speaking. ) Mr. Warden asked whether she had received the tax
bill prior to renegotiating her lease. She said the tax bill
came in January, and she signed a new lease in February. The
University said the tax bill was not part of the lease, and she
was to take it up with the County. Mr. Schildmeier explained he
had talked to staff from the University and, through their
attorney and the County Attorney's Office, copies of the leases
were made available for usage in valuation of the property.
After discussion, Commissioner Hall moved to continue this
matter to July 7, 1993, at 9:00 a.m. , to allow the same referral
and consideration as the preceding petition. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER RESOLUTION RE: EXCHANGE OF CONTROL AND MAINTENANCE OF
STATE HIGHWAY 392: Drew Scheltinga, County Engineer, stated
this is in conjunction with a previous Resolution dated June 4,
1993, and is being done at the request of the State Highway
Department. The draft resolution explains the portion of road
concerned, details the portion of road the County will maintain
and pave, and explains the contract amounts by which funding
will be provided to Weld County. Mr. Scheltinga noted there is
an error in the draft resolution. It should read that $100, 000
will be received for engineering in 1993, and ..$800,000 for
construction in both 1994 and 1995. Commissioner Webster moved
to approve the draft resolution. Commissioner Baxter seconded
the motion. Commissioner Hall clarified the motion included the
correction made by Mr. Scheltinga. Commissioners Webster and
Baxter agreed. The motion carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS AND AUTHORIZE CHAIRMAN
TO SIGN: Mr. Scheltinga said this amendment concerns the
agreement for construction of the 4th Street bridge between the
City and County. Part of the original agreement was to replace
a concrete irrigation ditch belonging to Harvey D. Shupe and
Elaine M. Mylander at a cost not to exceed $6, 000. Ms. Mylander
has now stated there is no reason to replace the culvert, if the
County would pay $4,000 for the purchase of irrigation pipe.
This would save the County $2, 000 overall on the project. Mr.
Scheltinga pointed out the amendment includes the owner's
release to the County for replacement, maintenance,
installation, or additional costs occurred for replacement of
the concrete ditch. Mr. Barker clarified the language
explaining the release. Commissioner Baxter moved to approve
Minutes - May 24, 1993
Page 3
said amendment ane authorize the Chairman to sign. Seconded by
Commissioner Webster, the motion carried unanimously. In
response to a question from Commissioner Hall, Mr. Scheltinga
said there is no way we can ascertain the money is spent on
irrigation tubes. However, the County will have met its
responsibility to pay for the replacement of the ditch.
CONSIDER SALE OF PROPERTY AND AUTHORIZE CHAIRMAN TO SIGN QUIT
CLAIM DEED WITH MIKE LEWIS - LOT 7, BLOCK 29, NUNN: Mr. Warden
explained this is a parcel of tax-deeded property. Mr. Lewis
owns the adjacent property and wishes to purchase this parcel.
Mr. Warden said it was previously advertised, but no bid was
offered. The offer from Mr. Lewis is comparable to the sale of
property accomplished last year; therefore, Mr. Warden
recommended approval of this offer. Commissioner Kirkmeyer
moved to approve said sale and authorize the Chairman to sign
the Quit Claim Deed. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER TWO RATIFICATION AND RENTAL DIVISION ORDERS WITH ENERGY
MINERALS CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN - WISE! AND
E?SE! S22, T5N, R64W: Mr. Barker said this concerns our lease
signed November 30, 1992, and he recommended approval.
Commissioner Webster moved to approve, per staff recommendation,
and authorize the Chairman to sign. Seconded by Commissioner
Hall, the motion carried unanimously.
CONSIDER DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. , AND
AUTHORIZE CHAIRMAN TO SIGN - SE* S18, T2N, R65W: Mr. Barker
said the percentages comport to our lease, and he recommended
approval. Commissioner Hall moved to approve said Division
Order and authorize the Chairman to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE OIL AND
GAS LEASE WITH NESSALK ENERGY, INC. - SW' S2, T5N, R67W: Mr.
Barker said this is for 4.26 acres, which includes two portions
of a road right-of-way. Commissioner Baxter moved to approve
said lease. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 6 BETWEEN WELD
COUNTY ROADS 47 AND 59; WELD COUNTY ROAD 31 BETWEEN WELD COUNTY
ROAD 80 AND HIGHWAY 14; AND WELD COUNTY ROAD 74 BETWEEN WELD
COUNTY ROADS 39 AND 41: Commissioner Baxter moved to approve
said closures. Seconded by Commissioner Webster, the motion
carried unanimously.
CONSIDER APPOINTMENT OF PATRYCE S. ENGEL AS DEPUTY DISTRICT
ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Hall
moved to approve said appointment. Seconded by Commissioner
Webster, the motion carried unanimously.
PLANNING: CONSIDER RESOLUTION RE: CORRECTION TO RESOLUTION DATED MAY 5,
1993, REGARDING RELEASE OF CASH COLLATERAL - TIRE MOUNTAIN,
INC. : Mr. Barker explained there was a mistake made when
figuring the amounts for the Resolution dated May 5, 1993. The
correct amount to be released to Tire Mountain, Inc. is
$14,058.90. Commissioner Webster moved to approve said
correction to the Resolution dated May 5, 1993. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The Resolutions were presented and signed as listed on the
consent agenda. There were no Ordinances.
Minutes - May 24, 1993
Page 4
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: 15 A.M.
(/�� // APPROVED:
ATTEST: ,{ / / / /� BOARD OF COUNTY COMMISSIONERS
�p'fi' L�(((��� WELD LD COUNTY, COLORADO
Weld County Clerk to the Board /" 16
L((�� I Constance///j/L..)(Fiorberr/t, Chairman
BY: / 7-�/ l�' C�-�l�Lir� � / K " )4 )-9/1
Deputy Clerk to the B0 W. Is. Webster,-Tem
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eo�f (
eorge Baxter
Dal' K. Hall
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Barbara J. Kirkmeye
Minutes - May 24, 1993
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
MAY 24, 1993
TAPE #93-19
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, May 24, 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 Hall moved to approve the minutes of the Board of
Social Services meeting of May 19, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden presented the warrants for approval by the Board in
the amount of $98, 103.11. Commissioner Webster moved to approve
the warrants as presented by Mr. Warden. Commissioner Hall
seconded the motion, which 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
10:20 A.M.
�J�/, APPROVED:
ATTEST: all ,/1 is BOARD OF COUNTY COMMISSIONERS
u WELDCOUNTY, COLORADO
/��
Weld County Clerk to the Board ( ��i�a�e 2, ���u
Cons ance � rbert, Chairman
B4. /AI
Deputy Clerk to the B W..H.
Webster, em
(George . Baxte
Dale K. Hall / /�L�r/
Brbara J�(. r 0 ✓�4
Barbara J. Kirkmey r
RECORD OF PROCEEDINGS
MINUTES
HOUSING AUTHORITY
WELD COUNTY, COLORADO
MAY 24, 1993
TAPE #93-19
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Housing Authority Board 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, May 24, 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, Thomas 0. David
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Baxter moved to approve the minutes of the Housing
Authority Board meeting of May 5, 1993, as printed.
Commissioner Hall seconded the motion, and it 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
10:25 A.M.
APPROVED:
ATTEST: Li / /) , BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Uf, /v, �,. G�
Weld County Clerk to the Board EXCUSED DATE OF APPROVAL
Constance L. Harbert, Chairman
_1141 pW. HAJ bster, fØ/ Tfo4m
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A e Baxter
Dale K. Hall
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arbara J. Kirkmeyer
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