HomeMy WebLinkAbout961673.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 18, 1996
TAPE #96-25
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 18, 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 16, 1996, as printed. Commissioner
Harbert seconded the motion, and it carried unanimously.
ADDITIONS: Chair Kirkmeyer added the following under New Business: 8) Consider
Resolution re: Opposing Construction of the Sixth Runway at Denver
International Airport.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Baxter seconded the motion, and it carried unanimously.
PUBLIC INPUT: Dean Secord showed the Board the products he has been using for his fly
problem caused by the Binder Dairy and stated he has been working with the
Health Department for the past three years on this issue. He then presented the
Board with pictures of flies on his property and a bag of flies swept from his
garage after spraying. He requested the County's help and twice-weekly
inspections at the dairy and his house. Jeff Stoll, Environmental Protection
Services Division of the Health Department, confirmed the Health Department
has visited the property numerous times and has met with Mr. Binder and an
Agricultural Extension agent concerning management practices. He also
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confirmed Mr. Binder has implemented some suggestions and some
improvements have been observed at the dairy; however, the fly problem has
not been taken to the Board of Health as a nuisance issue because it is very
intermittent. Mr. Secord and Mr. Stoll responded to numerous questions from
the Board, and Phyllis Secord stated there are also dead cows dumped and left
to rot behind the corrals at the dairy. Commissioner Webster stated he will visit
the dairy and talk with Mr. Binder. Mr. Stoll stated he was not prepared to report
on these issues today and confirmed no legal action is pending regarding the
Binder Dairy. After further discussion and comments, Chair Kirkmeyer
requested Sara Teter, Health Department, prepare for the Board a chronology
regarding the dairy.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 159,873.31
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Webster seconded the motion, which carried
unanimously.
BIDS: PRESENT TAX NOTICES -TREASURER'S DEPARTMENT: Mr. Warden read
the names of the vendors into the record and stated said bid will be considered
for approval on Wednesday, October 2, 1996.
BUSINESS:
OLD: CONSIDER CHANGE OF OWNERSHIP FOR TAVERN LIQUOR LICENSE,
WITH EXTENDED HOURS, FROM EL CHUBASCO, LLC, DBA EL
CHUBASCO, TO J. MONTES, INC., DBA EL RODEO NIGHT CLUB, AND
AUTHORIZE CHAIR TO SIGN (CONT. FROM 09/11/96): Bruce Barker, County
Attorney, stated he has been in contact with the attorneys representing the
current licensee and the new applicant, who are still working on a solution to the
mutual problem regarding possession of the premises. Mr. Barker referenced
a letter from Daniel W. Carr, Attorney representing J. Montes, Inc., requesting
this matter be tabled indefinitely. Commissioner Hall moved to table said matter
indefinitely, and Commissioner Webster seconded the motion, which carried
unanimously.
CONSIDER REQUEST FOR TEMPORARY PERMIT FOR TAVERN LIQUOR
LICENSE, WITH EXTENDED HOURS, FROM J. MONTES, INC., DBA EL
RODEO NIGHT CLUB, AND AUTHORIZE CHAIR TO SIGN (CONT. FROM
09/11/96): Commissioner Hall moved to table said matter indefinitely, and
Commissioner Webster seconded the motion, which carried unanimously.
Minutes, September 18, 1996 961673
Page 2 BC0016
NEW: CONSIDER CHANGE OF OWNERSHIP FOR HOTEL AND RESTAURANT
LIQUOR LICENSE, WITH EXTENDED HOURS, FROM ROBERT W. KLINE,
DBA REWARDS BAR AND GRILL, TO MICHELLE L. JOHNSON, INC., DBA
MICHELLE'S SALOON, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker
presented information to the Board from the City of Dacono regarding Michael
Johnson, husband of Michelle Johnson, applicant, and his memorandum to the
Board regarding the rules and procedures for considering a liquor license
change of ownership application. He referenced his memo and noted the Board
must determine the applicant's good moral character and has two options at this
hearing: 1) approve the application; or 2) set an evidentiary hearing after notice
has been posted on the premises for ten days and the applicant has been
notified of those issues to be considered. Mr. Barker also explained the Board's
criteria concerning whether the applicant or any person who is employed by, is
assisting, or financing the applicant is a "prohibited person" as defined in
Section 12-47-111, CRS. He reiterated Michelle Johnson, the applicant, is
married to Michael Johnson, whose background information is included in the
enforcement action documents provided by the City of Dacono concerning M S
Johnson Corporation, dba Michael's Saloon/Nina's Hacienda. Mr. Barker noted
Mr. Johnson has been involved in a variety of incidents, his change of
ownership application was denied, and his temporary permit was revoked by the
City of Dacono. He also noted a few arrests but no convictions to date;
however, certain issues are pending. Mr. Barker stated Ms. Johnson provided
a letter from Mr. Johnson confirming he would not be involved in the subject
business, but he did provide her with $20,000.00 as a gift to purchase the
business. He also presented to the Board a letter of recommendation from
Robert W. Kline, current licensee, and confirmed the Sheriffs Office verified Ms.
Johnson has no record of arrests or convictions. Mr. Barker noted he received
one telephone call from a woman named Erin who was opposed to this
application and stated Ms. Johnson is not of good character; however, nothing
in writing has been received. Ms. Johnson stated Erin is an ex-employee who
was let go from Rewards. Responding to questions from the Board, Ms.
Johnson confirmed her husband will not be involved at all and stated she has
managed Rewards for the last year. Mr. Barker clarified the moral character of
the applicant is the main issue; however, the applicant being financed by
someone of questionable moral character must also be considered, and he
noted the day the State Liquor Enforcement took action at Rewards, Mr.
Johnson was behind the bar. Ms. Johnson reiterated Mr. Johnson's only
interest in the business was the monetary gift. No public input was offered. Mr.
Barker stated the State suggested a Condition of Approval be attached to the
license restricting Mr. Johnson from being employed, assisting, or managing at
the establishment and also from certain areas of the establishment. Mr. Barker
then clarified the marital property concept and confirmed the property is
considered separate since it given by gift from Mr. Johnson to Ms. Johnson,
then to the incorporation. Ms. Johnson responded to further questions from the
Board and confirmed she is now aware of the liquor regulations and will be
attending the T.I.P.S. training next week. Mr. Barker confirmed the
Minutes, September 18, 1996 961673
Page 3 BC0016
establishment has had no enforcement actions taken in the past and explained
Ms. Johnson actually purchased the business from Mr. Kline and is leasing the
building from him. He noted a sublease back to Mr. Kline and a management
agreement are in place and a duplicate State liquor license was issued since the
enforcement action took place. Mr. Barker also confirmed Ms. Johnson will
provide a twelve-month lease upon approval of this application by the County.
The Board voiced various concerns, and Mr. Barker confirmed the Board has
revocation and suspension capabilities if the license and/or State Liquor Code
is violated. Commissioner Webster then moved to approve said application
including the State's restrictions and suggested the State and the Sheriffs
Office monitor the establishment closely. The motion died for lack of a second,
and Mr. Barker clarified the applicant must be allowed an opportunity to provide
evidence regarding the issues with Mr. Johnson's involvement. Commissioner
Harbert moved to set an evidentiary hearing on October 7, 1996, at 9:00 a.m.
Commissioner Baxter seconded the motion. Chair Kirkmeyer referenced
Section 12-47-111, CRS, and also requested more evidence concerning Ms.
Johnson's reputation and character, such as letters of reference from people not
involved with the bar. The motion then carried unanimously.
CONSIDER REQUEST FOR TEMPORARY PERMIT FOR HOTEL AND
RESTAURANT LIQUOR LICENSE, WITH EXTENDED HOURS, FROM
MICHELLE L. JOHNSON, INC., DBA MICHELLE'S SALOON, AND
AUTHORIZE CHAIR TO SIGN: Commissioner Harbert moved to continue said
matter to October 7, 1996, at 9:00 a.m. Commissioner Baxter seconded the
motion, which carried unanimously.
CONSIDER AMENDMENT#102 TO OLDER WORKER GRANT CONTRACT
BETWEEN AREA AGENCY ON AGING AND GOVERNOR'S JOB TRAINING
OFFICE AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Human Services
Director, stated this amendment is a grant modification for $25,000.00 of
Title II-A monies under the Job Training Partnership Act, which will be used to
provide training and job placement to 18 additional low-income adults over 55
years of age. Commissioner Harbert moved to approve said amendment and
authorize the Chair to sign. The motion was seconded by Commissioner Hall,
and it carried unanimously.
CONSIDER SOLID WASTE GRANT CONTRACT BETWEEN HEALTH
DEPARTMENT AND COLORADO OFFICE OF ENERGY CONSERVATION
AND AUTHORIZE CHAIR TO SIGN: Mr. Stoll explained this $10,000.00 grant
is for various activities and projects including educational events and recycling
programs. He stated the existing markets for recycling will be evaluated and
community and business involvement will be encouraged. Mr. Stoll confirmed
the terms of said contract are consistent with those on the original application.
Commissioner Webster moved to approve said contract and authorize the Chair
to sign. Commissioner Harbert seconded the motion, which carried
unanimously.
Minutes, September 18, 1996 961673
Page 4 BC0016
CONSIDER RESOLUTION RE: CONSENT TO THE ENFORCEMENT BY THE
FORT LUPTON FIRE PROTECTION DISTRICT OF THE 1994 UNIFORM FIRE
CODE AND STANDARDS, WITH AMENDMENTS, WITHIN THE DISTRICT'S
UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated his
comments concern this item as well as the following item and explained a fire
code promulgated by a fire district may be enforced in unincorporated portions
of a county only with the consent of the board of county commissioners. He
confirmed Ed Stoner, Building Inspection Department, has reviewed the
information and noted Weld County Ordinance No. 119-N, adopting the 1994
Edition of the Uniform Fire Code in Weld County, becomes effective October 1,
1996. Responding to questions from Commissioner Baxter, Mr. Barker
confirmed most changes are minor, and Monica Mika, Planning Department
Director, confirmed the code and standards may be enforced differently in each
district. She stated staff is well aligned with the three or four currently active fire
districts. Commissioner Harbert moved to approve said resolution, and
Commissioner Webster seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: CONSENT TO THE ENFORCEMENT BY THE
MOUNTAIN VIEW FIRE PROTECTION DISTRICT OF THE 1994 UNIFORM
FIRE CODE AND STANDARDS, WITH AMENDMENTS, WITHIN THE
DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY:
Commissioner Harbert moved to approve said resolution, and Commissioner
Baxter seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: APPROVE SUPPORT FOR A REVISED
ENTERPRISE ZONE PLAN WITHIN THE CITY OF GREELEY AND WELD
COUNTY: Mr. Warden explained State Senate Bill 96-193 revised the eligibility
criteria for the Enterprises Zones in Colorado; therefore, the Greeley and Weld
County Enterprise Zone must be recertified, and the application is due
October 1, 1996. He stated EDAP has been working with various communities,
and the City of Greeley has already approved the plan. Mr. Warden stated
certain areas are no longer eligible and some communities do not want to
participate. He then recommended the Board approve said plan as prepared.
Commissioner Baxter moved to approve said resolution, and Commissioner Hall
seconded the motion. Mr. Warden answered questions from the Board
regarding grandfathering, and the motion carried unanimously.
CONSIDER RESOLUTION RE: OPPOSING CONSTRUCTION OF THE SIXTH
RUNWAY AT DENVER INTERNATIONAL AIRPORT: Chair Kirkmeyer stated
the Board has reviewed this resolution and suggested changes were made.
Commissioner Baxter moved to approve said resolution, and Commissioner Hall
seconded the motion, which carried unanimously.
Let the record reflect Commissioner Harbert has now been excused from this
meeting.
Minutes, September 18, 1996 961673
Page 5 BC0016
PLANNING: CONSIDER VACATION OF LOTS 1 AND 2, BLOCK 45, TOWN OF
BARNESVILLE, COLORADO - STECKEL: Mr. Barker explained that in the
event of a tie, Commissioner Harbert would review the record and cast the
deciding vote; or the applicant may request a continuance. Tom Collins,
applicant's representative, stated he would like to proceed today. Chris
Goranson, Planning Department, explained the vacation of these two lots will
prevent the applicant from having to complete a subdivision replat and allow a
subdivision exemption to correct a historical problem. Mr. Collins further
explained when the applicant bought the property it encroached on another
owners property; therefore, a survey was started about a month ago, and this
vacation will abandon the lots and correct the encroachments to make one lot.
No public testimony was offered. Commissioner Webster 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.
There being no further business, this meeting was adjourned at 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
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Barba J. Kirkmeyer, Chair
1861 kit k to the Board
. . Baxter, P o-Tem
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Dale K. Hall
Constance L. Harbert t
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W. H. ster
Minutes, September 18, 1996 961673
Page 6 BC0016
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