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Home My WebLink About961577.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 11, 1996 TAPE #96-23 AND #96-24 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, September 11, 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 Webster moved to approve the minutes of the Board of County Commissioners meeting of September 9, 1996, as printed. Commissioner Hall seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter 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 $ 215,830.04 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. 961577 BC0016 BIDS: PRESENT AUDITING SERVICES - FINANCE DEPARTMENT: Pat Persichino, Director of General Services, read the names of the vendors into the record and stated said bid will be considered for approval on September 25, 1996. BUSINESS: NEW: CONSIDER CHANGE OF OWNERSHIP FOR TAVERN LIQUOR LICENSE FROM EL CHUBASCO, LLC, DBA EL CHUBASCO, TO J. MONTES, INC., DBA EL RODEO NIGHT CLUB, AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the main issue concerning this request is who has actual possession of the premises. He explained the lease from the previous property owners, Helen and Isauro Chavez, to El Chubasco, LLC, does not expire until June 1, 1997; however, the applicant, J. Montes, Inc., has submitted an agreement between Isauro Chavez and Gabino Guerrero and Jose Villalobos, the two individuals included in the LLC (Limited Liability Company), stating the lease contract shall be terminated four months after the closing for the sale of the subject property, which occurred on May 17, 1996. Daniel Carr, Attorney representing J. Montes, Inc., and the current property owner, Rodolfo Montes, stated his clients own the property and have provided the necessary copies of the deed and the termination of the lease, which will be effective September 17, 1996, to Mr. Barker. He stated, therefore, his clients are prepared to proceed at this time. Mr. Barker noted said agreement terminating the lease was signed on April 29, 1996, which is the same day the LLC's liquor license was approved by the Board. He also noted Mrs. Chavez consented to the lease with the LLC on May 6, 1996, which was extended in mid-May to June 1, 1997, at Weld County's request and pursuant to State Liquor Code. Tom Houtchens, Attorney representing El Chubasco, LLC, explained he met yesterday with Mr. Guerrero who stated he was requested by the Chavezes to sign the termination of the lease, which was represented as some other type of document, and he did not understand what he had signed because he cannot read or speak English. He clarified the LLC has the lease until June 1997, and has no intention of terminating it because of the funds invested in the business and in attorney fees. Mr. Houtchens stated the Chavezes used fraud to induce Mr. Guerrero and Mr. Villalobos to sign the termination. Responding to Commissioner Harbert's comments regarding the "For Sale" signs on the premises prior to the liquor license being issued, Mr. Houtchens clarified the transfer of ownership of the property is subject to the lease, and the lease and the license remain effective after the sale. Responding to further questions from the Board, he stated the termination agreement was signed by two individuals, not by the LLC, and noted the lease to the LLC was extended after the termination agreement was signed; thus proving the individuals were not told they were signing a termination agreement. Mr. Houtchens confirmed he was not aware of the termination agreement until yesterday, September 10, 1996, in the Clerk to the Board's Office where he reviewed the application for this Change of Ownership. He also noted the Board was not aware of the termination. Responding to additional questions from the Board, Mr. Barker Minutes, September 11, 1996 961577 Page 2 BC0016 confirmed the lease agreement was amended by Mr. Houtchens extending the date to June 1, 1997, and assigning the lease to the LLC. He reiterated the lease was also consented to by Mrs. Chavez on May 6, 1996, and that a one-year lease is required by the State Liquor Code. Mr. Barker clarified the lease does not state that it ends upon the transfer of ownership of the property. Mr. Carr clarified he is not questioning Mr. Houtchens' ethics; however, he finds it curious that the individuals in the LLC signed the termination agreement on the same day the Board approved the license. He also pointed out they alledgedly misunderstood the termination agreement but fully understood all other documents which were to their benefit. Mr. Carr reiterated his applicant is prepared to proceed, and he believes his client has the right to the premises after September 15, 1996. Mr. Barker stated it is the applicant's burden to prove possession of the premises, and he recommended continuing said matter to allow the applicant and the licensee resolve the lease issue. Commissioner Harbert moved to continue said matter to September 18, 1996, at 9:00 a.m., and Commissioner Webster seconded the motion. Both attorneys concurred with said date, and the motion carried unanimously. CONSIDER REQUEST FOR TEMPORARY PERMIT FOR TAVERN LIQUOR LICENSE FROM J. MONTES, INC., DBA EL RODEO NIGHT CLUB, AND AUTHORIZE CHAIR TO SIGN: Commissioner Hall moved to continue said matter to September 18, 1996, at 9:00 a.m., and Commissioner Webster seconded the motion, which carried unanimously. CONSIDER FAMILY RESOURCE SERVICE AGREEMENT FOR ELDER CARE IN 1996-97 BETWEEN AREA AGENCY ON AGING AND THE PARTNERSHIP GROUP, INC., AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Human Services Director, stated The Partnership Group, Inc., contracts with employers nationally for elderly care. He explained the Area Agency on Aging is reimbursed for its resource and referral service on a per-person basis. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. CONSIDER AMENDED CONTROLLED SUBSTANCE AND ALCOHOL POLICIES FOR CERTAIN "SAFETY SENSITIVE POSITIONS" AS SUPPLEMENTAL PERSONNEL POLICIES: Mr. Barker clarified the resolution should state "Substitution of" rather than "Amended" and explained the policy approved in April 1996, actually needed to be two separate policies: one for the FTA (Federal Transit Administration) and one for the FHWA (Federal Highway Administration). He stated he worked with Personnel staff confirming compatibility with the current testing procedure and requested the previous policy be deleted and replaced by the adoption of the two new policies. Commissioner Hall moved to approve the substitution of said policies, and Commissioner Harbert seconded the motion, which carried unanimously. Minutes, September 11, 1996 961577 Page 3 BC0016 CONSIDER QUIT CLAIM DEED TO TOWN OF WINDSOR, COLORADO, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker explained this deed will finalize the transfer of the County's old grader shed to the Town of Windsor. Commissioner Webster moved to approve said deed and authorize the Chair to sign. Commissioner Harbert seconded the motion, which, after further discussion, carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 27 BETWEEN HIGHWAY 392 AND WELD COUNTY ROAD 70: Commissioner Baxter moved to approve said closure, and Commissioner Hall seconded the motion, which carried unanimously. PLANNING: CONSIDER ZPMH #2033 - MINJARPS (PLANNER EASTIN): Shani Eastin, Planning Department, clarified the correct spelling of the applicant's last name is "Minjares". She stated the applicant was unable to obtain 70 percent of the surrounding property owners' signatures and explained the Assessor's Office originally provided him with too many names. Chair Kirkmeyer noted Henry Chavez was in her office and submitted several documents, which are included in the Board's packets, questioning the legal owner of the property and indicating the surveyors used the wrong map. Ms. Eastin confirmed the mobile home already exists on the property; however, no violation was issued. Mr. Barker clarified Sharon White, Planning Department, researched the legal ownership of the property at a title company and concluded Mr. Minjares owns all land on which he is applying for this permit. He noted staff cannot confirm Mr. Chavez's concern and referenced an old railroad right-of-way which was deeded in part to Mr. Chavez and in part to Weld County. Luis Minjares, applicant, requested permission for his mobile home to remain on his property and confirmed acceptance of all Conditions of Approval. No public testimony was offered. Commissioner Webster moved to approve ZPMH #2033 for Luis M. Minjares, including Conditions of Approval as recommended by staff. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER RE #1927 - KELLY (PLANNER DUNN): Gloria Dunn, Planning Department, reviewed staff summary and recommendation for denial, including the history of the property illustrated with overheads. She located the existing accesses and prime farm land and further reviewed the reasons for denial, including the high concentration of recorded exemptions in an area where prime farm land and irrigation water are in abundance. Responding to questions from the Board, Ms. Dunn explained the reason for requesting the property be split into two large parcels is the applicant is approaching retirement and would like to live on Lot A and maintain the alfalfa field for grazing. She stated the property is approximately 2 1/4 miles north of the Town of Mead. Tom Kelly, Minutes, September 11, 1996 961577 Page 4 BC0016 applicant, clarified the Johnstown annexation is only 3/4 mile away and is in the next section. He also stated because of the floodplain, the area on which to build a house is very limited. Mr. Kelly then read a prepared statement clarifying his request and confirmed the transfer of irrigation water to each parcel by submitting Exhibit A for the record. Responding to questions from the Board, Mr. Kelly stated the entire property is farmed now, but he will probably sell Lot B with the existing home and build a new home on Lot A for retirement. He clarified the recorded exemption approved in 1989 was requested to sell a 75- year old farm house, but no farm land was included. No public testimony was offered. Ms. Dunn noted staff requested a building envelope on Lot A, the relocation of the access to Lot A to the east, and the closure of the farthest east access on Lot B. Don Carroll, Public Works Department, submitted a road access information sheet as Exhibit B for the Board's review. Mr. Kelly noted the access on Lot B is needed for harvesting and irrigating. After further discussion, Mr. Kelly agreed to limit said access to agricultural use only. Ms. Dunn clarified Condition of Approval #2.e. requires the provision of irrigation water to each lot. No public testimony was offered, and Mr. Barker recommended the word "irrigation" be added before "water" in Condition of Approval#2.e. and the word "residential" be added before "access" in Condition of Approval #5. Commissioner Hall moved to approve RE #1927 for Thomas G. Kelly, including the Conditions of Approval as amended. The motion was seconded by Commissioner Baxter, and it carried unanimously. CONSIDER VACATION OF LOTS 23 AND 24, BLOCK 45, AND 1.43 ACRES IN NW CORNER OF BLOCK 44, TOWN OF BARNESVILLE, COLORADO (PLANNER GORANSON): Chris Goranson, Planning Department, stated this request from John Stamison, property owner, is to remove three lots in the Town of Barnesville that are not adjacent to any other platted lots. He explained staff is simultaneously processing a subdivision exemption for property line adjustment to combine Lots 23 and 24 of Block 45 and the 1.43 acres in the northwest corner of Block 44 in the Town of Barnesville. No public testimony was offered. Commissioner Baxter moved to approve said vacation, and Commissioner Hall seconded the motion, which 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, September 11, 1996 961577 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:15 a.m. BOARD OF COUNTY COMMISSIONERS pia4S� `7 `n\�� WED COUNTY, COLO DO 4 1R lL,fjj� 101 �� Barbara J. Kirkmeyer, Chair d F ' nt !s1 to the Board 4/ V 7C ' eorge Baxter, Pr Tem Deputy Cler.So the Board Dale K. Hall Constance L. Harbert r 6I�'g i/L4 % / W. H. W ster Minutes, September 11, 1996 961577 Page 6 BC0016 Hello