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Home My WebLink About960083.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 22, 1996 TAPE #96-02 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, January 22, 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- TARDY 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 January 17, 1996, as printed. Commissioner Hall seconded the motion, and it carried unanimously. Let the record reflect Commissioner Harbert is now present. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the hearing conducted on January 17, 1996, as follows: 1) Special Review Permit for a commercial business (auto and farm machinery repair) in the A (Agricultural) Zone District, Joe R. Gaona. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS: Chair Kirkmeyer added the following under New Business: 8) Consider Vacation of Portion of Weld County Road 98 at intersection with Weld County Road 129 and authorize Chair to sign necessary documents. CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. 960083 BC0016 PRESENTATIONS: PRESENTATION OF CELLULAR PHONE TO MEALS ON WHEELS, INC., FROM AT&T: John Gabriel, AT&T Wireless Services, stated the free cellular phone will provide unlimited local airtime for two years. He reviewed the community program, mentioned other recipients in the area, and stated AT&T received over 300 applications this year and is granting 24 phones. Mr. Gabriel also reviewed the services provided by Meals on Wheels and presented the phone to Mary Margaret Cox, Executive Director for Meals on Wheels. She stated cellular phones have been very helpful in emergency situations and thanked AT&T. COMMISSIONER COORDINATOR REPORTS: No reports were given. 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 $ 775,911.96 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. BUSINESS: OLD: SECOND READING OF ORDINANCE NO. 187, IN MATTER OF INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE AND AUTHORIZE CHAIR TO SIGN (CONT. FROM 11/27/95): Bruce Barker, County Attorney, requested this matter be continued since the meeting scheduled last week in Platteville was continued to Tuesday, January 30, 1996, due to weather conditions. He stated he and Monica Mika, Planning Director, suggest this ordinance be continued to February 5, 1996. Commissioner Baxter moved to continue the second reading of Ordinance No. 187 to February 5, 1996, at 9:00 a.m. Commissioner Hall seconded the motion, which carried unanimously. NEW: CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR CONOCO, INC., DBA CONOCO NO. 6394, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated no incident reports were found by the Greeley/Weld Records Department for this establishment in the past year. He noted all requisite fees and documents have been submitted and recommended approval of said renewal. Commissioner Webster moved to approve the renewal of said license and authorize the Chair to sign. The motion, seconded by Commissioner Hall, carried unanimously. CONSIDER SIX PURCHASE OF SERVICES AGREEMENT AMENDMENTS BETWEEN HUMAN SERVICES AREA AGENCY ON AGING AND VARIOUS ENTITIES AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Human Services Director, stated these agreements are with Meals on Wheels, Catholic Charities Northern, Eldergarden, RVNA, North Colorado Medical Center Foundation, and Charles J. Connell, Attorney at Law. He stated the agreements Minutes, January 22, 1996 960083 Page 2 BC0016 have been on-going for years, and the only change is a five-percent decrease in the amounts to adjust to Federal budget cuts. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Commissioner Harbert seconded the motion, and Mr. Speckman responded to questions from Commissioner Webster concerning the adjustment. The motion then carried unanimously. CONSIDER AGREEMENT FOR HEALTH EDUCATION CONFERENCE FOR HISPANIC ELDERS BETWEEN HUMAN SERVICES AREA AGENCY ON AGING AND CATHOLIC CHARITIES NORTHERN AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this agreement is for 720 units of health promotion services for 120 seniors at a one-day conference. Commissioner Harbert moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Baxter, and it carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES AREA AGENCY ON AGING AND EMPLOYMENT DEVELOPMENT, INC. (EDI), AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this agreement is for peer counseling through EDI, a private, non-profit organization, which works with the Area Agency on Aging on outreach services. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER RESOLUTION RE: SALE OF REAL ESTATE TO FLORIDA CIRTECH, INC., AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS: Mr. Barker stated this resolution concerns property owned by the County at its north business park. He stated this property is southeast of that purchased by Rubadue Wire Company, Inc., and includes similar documents and provisions. He noted Florida Cirtech has executed the necessary documents and recommended approval of the Chair's signature on same. Commissioner Harbert moved to approve said resolution and to authorize the Chair to sign. The motion, seconded by Commissioner Webster, carried unanimously. CONSIDER PETITION FOR ANNEXATION TO THE BOARD OF TRUSTEES, TOWN OF ERIE, COLORADO, FOR PORTIONS OF WELD COUNTY ROAD 8 AND AUTHORIZE CHAIR TO SIGN: Mr. Barker explained the Town of Erie proposes to annex portions of Weld County Road 8 and take over complete maintenance of same. He stated he has provided the necessary forms, which include all County requests, and the Town has acquired the necessary surveys and is in compliance. Mr. Barker noted the original documents are to be provided this morning. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER PROBABLE CAUSE FOR RENEWAL OF HOTEURESTAURANT LIQUOR LICENSE WITH EXTENDED HOURS FOR RAFFERTYS, INC., DBA RAFFERTYS: Mr. Barker stated he met last Friday with Deputy Bruce Martin, Sheriffs Office, and Don Edith, owner of Raffertys, and not all incident reports are relevant. Deputy Martin explained the Sheriffs Office feels only four of the cases are directly related to Raffertys' liquor license and those problems can be Minutes, January 22, 1996 960083 Page 3 BC0016 alleviated by training the employees on intoxication levels. He stated Mr. Edick has been given the necessary information regarding such training and is willing to cooperate. Mr. Edick stated he is very concerned with the problems and has been working with Sheriff Jordan and the Sheriffs Office addressing the issues. He said the Sheriffs Office will be visiting the establishment more often and an even better working relationship will be established. Mr. Edick confirmed all managers and personnel will attend the training program, which he believes is entitled "TIPS". He accepted full responsibility and stated he will try harder to avoid problems. Mr. Edick responded to questions from the Board and confirmed new personnel will also be trained. He noted he has been in Denver for the last three years; however, he is now at the Raffertys in Greeley ninety-percent of the time. No public testimony was offered, and Mr. Barker suggested a copy of the training certificates or a letter confirming training completion be submitted to Deputy Martin and to the Clerk to the Board's Office. After further discussion, Commissioner Hall moved to vacate the probable cause hearing, and Commissioner Webster seconded the motion, which carried unanimously. Commissioner Hall then moved to approve the renewal of said liquor license with the condition that evidence of all employees' training be submitted to Deputy Martin and to the Clerk to the Board's Office by May 1, 1996. Commissioner Webster seconded the motion. Commissioner Harbert suggested the motion also include all new personnel be required to complete the same training. Commissioner Hall so amended his motion, and Commissioner Webster agreed. The motion then carried unanimously. CONSIDER VACATION OF PORTION OF WELD COUNTY ROAD 98 AT INTERSECTION WITH WELD COUNTY ROAD 129 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS: Mr. Barker stated the Board accepted an easement from the U. S. Forest Service last month concerning the realignment of said intersection to provide adequate turning radius for the missile vehicles. Drew Scheltinga, Public Works Department, stated the realignment included approximately 150 feet and recommended the vacation of the few feet of Road 98 no longer necessary. Mr. Barker referred to the map designating Parcels "A" and "B" in yellow and blue, respectively, which are the parcels available for vacation. He confirmed Ms. Vangraefschepe and Mr. and Mrs. Steffen, surrounding property owners, and Bud Phillips of the Forest Service have all been notified of today's meeting in compliance with State statute. Mr. Phillips stated he would like to have the right-of-way vacated to clean up the paperwork. Mr. Barker and Mr. Phillips answered questions from the Board and confirmed Parcel "C" is actually owned by the Forest Service with a permanent easement dedicated to Weld County. No public testimony was offered. Commissioner Webster moved to approve said vacation, and Commissioner Baxter seconded the motion. After further discussion, Commissioners Webster and Baxter agreement to amend said motion to authorize the Chair to sign any necessary documents, and the motion carried unanimously. PLANNING: FINAL READING OF ORDINANCE NO. 147-C, IN MATTER OF AMENDMENTS TO COMPREHENSIVE PLAN: Monica Mika, Planning Director, explained this ordinance proposed a change to the definition of Urban Growth Boundaries; however, this ordinance was tabled on its second reading in December 1993, until after the completion of the revision of the Weld County Comprehensive Plan. Minutes, January 22, 1996 960083 Page 4 BC0016 She further clarified this issue was addressed in said revision, which was finalized in November 1995, and it is no longer necessary to continue the second reading; therefore, in order to maintain consistency with the current Comprehensive Plan, a response of a nay vote to a motion to approve said ordinance on final reading would be appropriate. As a point of order, Commissioner Hall moved to read Ordinance No. 147-C by title only, and Commissioner Webster seconded the motion, which carried unanimously. After further discussion, Commissioner Harbert moved to untable said ordinance, and Commissioner Hall seconded the motion, which carried unanimously. Commissioner Hall then moved to read said ordinance into the record by title only, and Commissioner Baxter seconded the motion, which carried unanimously. Mr. Warden read the title of Ordinance No. 147-C into the record, and no public testimony was offered. Responding to questions from the Board, Ms. Mika stated she discussed the motion procedure with Lee Morrison, Assistant County Attorney, and reiterated the recommendation. She noted this is simply a clean- up process. Mr. Barker clarified since this ordinance was approved on first and second readings, a motion to approve and nay votes on final reading will provide consistency. Commissioner Webster so moved to approve Ordinance No. 147-C on final reading, and Commissioner Harbert seconded the motion. The motion was denied, with all five Commissioners voting nay. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. The second reading of Ordinance No. 187 was continued to February 5, 1996, at 9:00 a.m., and Ordinance No. 147-C was denied on final 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 9:35 a.m. BOARD OF COUNTY COMMISSIONERS Ma WEI)yDL COUNTY, .C/OLORA 6O ,'' 1,11:1* Barbara J. Kirkmeye , air 'i U1f�rtd C_�&Ittty to the Board /`�/1/ / /kt_ -1 .." C /---,- ,;- :\C\ q' �1 YL �-- org Baxter, Pr -T De , er o the Board 1 c Dale K. Hall C.-1 7),-S-4:,..n.sce---) f' ,._ cr ✓c" Constance L. ar ert r)f i J--tit (, W. ,Webs er Minutes, January 22, 1996 960083 Page 5 BC0016 Hello