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HomeMy WebLinkAbout980290.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 18, 1998 TAPE #98-06 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, February 18, 1998, 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 Constance L. Harbert, Chair- EXCUSED Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of February 11, 1998, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on February 10, 1998, as follows: 1) Violation Hearings; and Certification of Hearing conducted on February 11, 1998, as follows: 1) A Site Specific Development Plan and Planned Unit Development Final Plan, Rocky Mountain Consultants, Inc. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: The following was deleted from New Business: 4) Consider Petition for Abatement or Refund of Taxes and authorize Chair to sign - Western Sugar Company CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Baxter seconded the motion, and it carried unanimously. 980290 BC0016 COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: No public input was offered. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $806,577.50 Electronic Transfers -All Funds $700.29 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. BIDS: PRESENT DIGITAL ORTHO IMAGERY BID - SCT AND FINANCE DEPARTMENT: Pat Persichino, Director of General Services, presented the three bids received. Said bids will be considered for approval on March 4, 1998. PRESENT AND APPROVE CONTRACT TRUCKS FOR HAULING AND SPREADING GRAVEL BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino stated this is an emergency bid and read the recommendation from the Public Works Department, which explained the bid from Ward Construction will contract trucks in the amount of$39.45 per hour for the 1998 construction season; however, the price will increase to $48.45 if they do not have access to County fuel. The Public Works Department also reserves the right to contract with the second low bidder, Western Equipment and Truck, Inc., if Ward Construction is unable to provide these services. In response to Commissioner Baxter, Mr. Persichino stated this bid is the same as last year. Commissioner Baxter moved to approve said bid on an emergency basis. The motion was seconded by Commissioner Hall. Responding to Commissioner Hall, Dave Becker, Department of Public Works, explained this is requested on an emergency basis to allow the Department to begin early construction while the weather is good. The motion carried unanimously. APPROVE 1998 TRAFFIC PAINT BID - PUBLIC WORKS DEPARTMENT (CON'T FROM 02/11/98): Mr. Persichino stated this bid was continued from February 11, 1998, to allow the bidders to submit paint and tote samples. Mr. Persichino read the memo from the Public Works Department which explained due to problems in the past with the low bidder, Ennis Paint, Inc., they are requesting approval of the second low bid from Colorado Paint Company who is also the sole bidder for the glass beads. Commissioner Hall moved to approve said bid. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes, February 18, 1998 980290 Page 2 BC0016 APPROVE CATTLE GUARDS BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino recommended approval of the sole bid from Big R Manufacturing for cattle guards at a cost of$5,882.40 per cattle guard with a total of $47,059.20 for eight cattle guards. Commissioner Hall moved to approve said bid. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. APPROVE SIGN FACING MATERIAL, SIGN BLANKS, AND FIBERGLASS REFLECTORS BID - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the memo from the Public Works Department recommending approval of the partial bids from Universal Die-Cut Corp. in the amount of$4,829; 3M in the amount of$557.91; J and S Contractors Supply in the amount of$7,293.92; Newman Signs in the amount of $623.75; Zumar Industries in the amount of $3,610.60; and Vulcan Signs in the amount of$4,628.50, for a total of $21,543.68. Commissioner Baxter moved to approve said bids. Seconded by Commissioner Hall, the motion carried unanimously. BUSINESS: NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - GARY AND VICKI WICKETT: Warren Lasell, County Assessor, explained the land was originally listed as vacant rather than residential, and recommended approval. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. Gary Wickett, petitioner, questioned why he is unable to petition the tax paid in 1997. Bruce Barker, County Attorney, clarified Mr. Wickett does have the right to contest 1997 taxes; however, he suggested it would be more appropriate to discuss outside the board meeting. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - CHARLES AND CHARLENE WINTER: Mr. Lasell stated this property has been reclassified from commercial to agricultural and recommended approval of said petition. Commissioner Baxter moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - NORWEST EQUIPMENT FINANCE, INC.: Mr. Lasell explained Norwest Equipment Finance, Inc., leases equipment to Blackfox Technology Group; without notification to the leasing company, Black Fox moved their equipment to Boulder County. Mr. Lasell recommended approval due to Norwest Equipment paying two years of taxes on equipment that was not in Weld County. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, February 18, 1998 980290 Page 3 BC0016 CONSIDER RESOLUTION RE: ESTABLISHING NEIGHBORHOOD, DESIGNATING COMMISSIONER TO INSPECT, AND SETTING HEARING DATE CONCERNING APPLICATION FOR HOTEL/RESTAURANT LIQUOR LICENSE FOR SIMON RYU, DBA SIMON'S BAR AND GRILL: Mr. Barker stated the application appears complete, and the establishment is proposed to serve four square miles; one mile in all directions. Mr. Barker explained the draft resolution sets the hearing to consider the application for March 11, 1998, at 9:00; however the Board needs to appoint a commissioner to inspect the site and another as an alternate. Commissioner Kirkmeyer moved to appoint Commissioner Webster to inspect the site with Chair Harbert as the alternate. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER CHANGE ORDER #1 WITH J-2 CONTRACTING COMPANY AND AUTHORIZE CHAIR TO SIGN: Drew Scheltinga, County Engineer, explained the agreement with J-2 Contracting Company was to provide repair to the foundation of Bridge#129.0-092.0A following flooding damage last spring north of New Raymer. However, an unanticipated amount of silt had to be removed before work could begin resulting in an added acre of damaged grassland to stockpile the silt. Due to additional agreements with the Town of New Raymer, the project cost an additional $9,763.89 for a total of$63,211.89. Commissioner Baxter moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER 1998 EMS GRANT ABSTRACT: Mr. Warden explained EMS submits an application for this grant annually. In response to Commissioner Hall, Mr. Warden stated there is no match required and added EMS decides on the project the money will be used for. Commissioner Baxter moved to approve said grant abstract. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER LIMITED LIABILITY COMPANY AND CORPORATE REPORT OF CHANGES AND AUTHORIZE CHAIR TO SIGN - CONO-SERVICES, INC., DBA CONOCO#06394: Mr. Barker stated this report comes from the Conoco located on Highway 119 at Del Camino, and added the Company needs approval from the licensing authority to make any official changes in their corporate structure. Commissioner Hall moved to approve said report and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH CITY OF GREELEY AND AUTHORIZE CHAIR TO SIGN: Mr. Barker explained under this agreement the City of Greeley will take ownership of the Gateway property and then sell it to a third party to recover funds which will be used for back taxes and special district taxes in the amount of $27,311.48. In response to Commissioner Hall, Mr. Warden explained any additional proceeds will be used towards the costs of the water and sewer project of the Local Improvement District. Responding to Commissioner Webster, Mr. Barker stated this is a 6-acre property located Minutes, February 18, 1998 980290 Page 4 BC0016 west of 35th Avenue. In response to Commissioner Kirkmeyer, Mr. Warden explained the sale of the property is not expected to recover enough for the back taxes due to paying 5 years of interest. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RESOLUTION RE: INCREASE PETTY CASH FUND AT NORTH JAIL COMPLEX: Mr. Warden stated this request is to accommodate bonding at the jail over the weekends. Commissioner Baxter moved to approve said resolution with corrections to change the wording from "change fund" to "petty cash" in paragraphs two and five. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER RESOLUTION RE: PURCHASE OF USED 2-WAY DISC FOR DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated this is a request from the Public Works Department to purchase a used 8-foot, 2-way disc from Goodell Machinery and Construction Company. Commissioner Kirkmeyer moved to approve said resolution. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE SALE OF SAME TO THORIDON ELECTRIC: Mr. Warden explained when the county purchased the US West property with the tower located on Highway 34 and 35, the generator did not work, and has since been replaced by a back-up generator. Purchasing did advertise the generator and received a bid from Thoridon Electric for $850 plus the removal. Commissioner Kirkmeyer moved to approve said resolution. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER GROUP ANNUITY CONTRACT AMENDMENT TO 457 PLAN AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the IRS has changed the rules with the last tax act regarding group compensation plans, which require money be put in trusts, as well as determining where it can be invested. Mr. Warden stated with this agreement, the County will be in full compliance with the IRS changes. Commissioner Hall moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONDUCT PUBLIC HEARING REGARDING INDUSTRIAL REVENUE DEVELOPMENT BONDS - EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY: Mr. Warden clarified that this is not an emergency ordinance, but rather a temporary tax hearing which is required for the issuance of bonds. The request is to issue $3 million in bonds to construct, approve, and equip a 30-unit health care facility at Bonell. Bill Goram, attorney for the Good Samaritan Center, stated State law allows these bonds to be issued with no financial obligation to the County, and added this matter will return to the Board after the Ordinance is drafted and the County Attorney has reviewed it. Mr. Warden stated this matter was advertised in the County legal paper as required by the IRS, and local competitors were Minutes, February 18, 1998 980290 Page 5 BC0016 notified. There was no public input concerning this matter. Mr. Warden explained no action is required other than to hold the hearing. PLANNING: CONSIDER VACATION OF CERTIFICATE OF DESIGNATION AND USR #779 - HAYES: Shani Eastin, Department of Planning Services representative, stated the original approval and extension were granted on October 21, 1987. The vacation of the Special Use Permit also requires the vacation of the Certificate of Designation, and vacation of the agreement regarding collateral for closure and improvements with Xtra Corporation in the amount of$27,791.57 from First Bank. In response to Commissioner Baxter, Ms. Eastin stated the account was opened in 1991 and has been held since that time. Commissioner Kirkmeyer moved to vacate USR#779. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RELEASE OF COLLATERAL -X-TRA CORPORATION: Commissioner Kirkmeyer moved to release said collateral to Xtra Corporation. Seconded by Commissioner Hall, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. 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 9:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � , FL a'� EXCUSED ► r �.r �.a ►G i Constance L. Harbert, Chair Weld C.. � , � :oa W. H. Webster, Pro-Tem � 1 BY: 6 `w f Deputy * o l : tTrd r . Baxter Dale 1Z. Ha I Jl tie/iy-eA ffarbara J. Kirkmeyer O Minutes, February 18, 1998 980290 Page 6 BC0016 Hello