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Home My WebLink About20162007.tiffRESOLUTION RE: ACCEPT TREASURER'S DEED NO. 4439 - NTC AND COMPANY, LLC, FBO ARTHUR FINE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Treasurer's Deed No. 4439 from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Treasurer's Office, and Union Pacific Railroad, with terms and conditions being as stated in said Treasurer's Deed, for property described as: L24 BLK7, Milliken, Weld County, Colorado, WHEREAS, after review, the Board deems it advisable to accept said Treasurer's Deed, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Treasurer's Deed No. 4439 from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Treasurer's Office, and Union Pacific Railroad be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diatet);4A Weld County Clerk to the Board BY: eputy Clerk to the Bo AP ED,AST Mt*,1 IAn Mike Freeman, Chair C- Sean P. Conway, Pro -Tern LL/ .1/ K/ ad ara Kirkmeyer __.---County Attorney Date of signature: 7 ( ao / cO ICo Steve Moreno GG ACCTC 6C/C O),'TRC-3t(RF/Len) 7195/9Otco 2016-2007 TR0030 NAME OF INVESTOR: WELD COUNTY - ACCOUNT # DEED #4439 2009-03947 - R4567986 DEED DEPOSIT $ 400.00 DEED APPLICATION FEE $ 75.00 ADDITIONAL DEP $ - TITLE REPORT CHARGE $ 200.00 ADVERTISING FEE CHARGE $ 34.99 CERTIFIED MAILING CHARGE $ 6.74 POSTING PROPERTY MILEAGE CHARGE $ - POSTING MATERIAL CHARGE $ - PICK-UP SIGN & POSTS MILEAGE DEED DOCUMENT RECORDING FEE CHARGE $ 16.00 TOTAL DEPOSIT $ 400.00 TOTAL CHARGES $ 332.73 MINUS CHARGES $ 332.73 BALANCE IS $ 67.27 OVER PAID NEED TO REFUND = $67.27 REFUND CHECK # , / 'I 9 N/A DEED DEPOSIT REFUNDED DUE TO REDEMPTION OF PROPERTY YES TREASURER'S DEED ISSUED ON 4/12/2016 FYI DEED FEE OF $35.00 IF DEED NOT ADVERTISED FYI DEED FEE OF $75.00 IF DEED IS ADVERTISED N/A REDEEMED OUT ALL OTHER TAX LIEN CERTIFICATES NOTE: ***CURRENT YEAR TAXES*** 12015 TAXES WILL BE DUE IN APRIL OF 2016. YES I MAILED A STATEMENT WITH THE TREASURER'S DEED. LKMv/,.3- - DONE ALL PAYMENTS MUST BE PAID WITH SEPARATE CHECKS 4195306 Pages: 1 of 2 04/14/2016 09:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mill tl41iJ<NNW & II III TREASURER'S DEED DEED NO 4439 14,004111q€4,14/ 'l`'C:4 tile/1,444, That, whereas, the following described property, viz: MIL L24 BLK7 MILLIKEN • situated m the County of WELD , and State of Colorado. was subject to taxation for the year (or years) A.D 2008 , *And, Whereas, the taxes assessed upon said property for the year (or years) aforesaid remained due and unpaid at the date of sale hereinafter named; *And, Whereas, the Treasurer of the said County did, on the 2"° day of NOVEMBER A.D. 2009 by virtue of the authority vested in fiu'r by law, at the sale begun and publicly held on the 2"° day of NOVEMBER A.D. 2009 , expose to public sale at the office of the Treasurer in the County aforesaid, in substantial conformity with the requirements of the statute in such case made and provided, the tax lien on real property above described for the payment of the taxes, delinquent interest, and costs then due and remaining unpaid on said property; *And, Whereas, at the time and place aforesaid NTC & CO LLP FBO ARTHUR L. FINE whose street address is P O BOX 173859 , City or Town of DENVER , County of DENVER and State of COLORADO , bid on the tax lien on all of the above described property the sum of ***"*THIRTY-FOUR***** DOLLARS and ****NINTY-ONE ***** CENTS, being the whole amount of taxes, delinquent interest, and costs then due and remaining unpaid upon said property for that year and the said NTC & CO LLP FBO ARTHUR L. FINE having offered in his said bid to pay the sum of *****ZERO***** DOLLARS and *****ZERO***** CENTS in excess of said Taxes, delinquent interest, and the said bid being the largest amount which any person offered to pay in excess of the said taxes, delinquent interest, and costs so due upon said property for that year (or those years), and payment of the said sum having been made by him to the said Treasurer, the said tax lien on such property was stricken off to him at that price; *And, Whereas, the said NTC & CO LLP FRO ARTHUR L. FINE whose street address is P O BOX 173859 City or Town of DENVER , County of DENVER and State of COLORADO did, on the 8111 day of JUNE , A.D. 2010 , duly'a I i 'the certificate of the sale of the tax lien on the property as aforesaid, and all his/her rights, title, and interest in said property to EOUITY TRUST CO FBO ARTHUR FINE IRA whose street address is P OBOX'45'1340 City or Town -of WESTLAKE , County of CUYAHOGA and State of OHIO • *And, Whereas, the said EOUTTY TRUST CO FBO ARTHUR FINE IRA whose street address is P O BOX 451340 , City or Town of WESTLAKE County of CUYAHOGA and State of OHIO . did on the 19T11 day of NOVEMBER A.D. 2015 duly assign the certificate of the sale of the tax lien on the property as aforesaid, and all his rights, title, and interest in said property, to WELD COUNTY whose street address is 1400 NORTH 171H AVENUE City or Town of GREELEY , County of WELD and State of COLORADO *And, Whereas, at the sale so held as aforesaid by the Treasurer, no bids were offered or made by any person or persons for the tax lien on said property, and no person or persons having offered to pay the said taxes, delinquent interest and costs upon the said property for that year, and the Treasurer having become satisfied that no sale of the tax lien on said property could be had, therefore the said tax lien on said property was, by the then Treasurer of the said County, stricken.o.ff to {he safif'Cotinty, and a certificate of sale was duly issued therefore to the said County in accordance with the statute in such case made and provided; *And, Whereas, the said WELD COUNTY whose street address is 1400 NORTH 17TH AVENUE. , City or Town of GREELEY , County of WELD and State of COLORADO has paid subsequent taxes on said property to the amount of **THREE.HUNDRED-SEVENTY-NINE ** DOLLARS and **EIGHTY-TWO*** CENTS; And, Whereas, more than three years have elapsed since the date of the said sale, and the said property has not been redeemed therefrom as provided by law; And, Whereas, the said property was valued for assessment for that year, at the amount of ****$40.00******. 4195306 Pages: 2 of 2 04/14/2016 09:50 API R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII 11111 And, Whereas, all the provisions of the statutes prescribing prerequisites to obtaining tax deeds have been fully complied with, and are now of record, and filed in the office of the Treasurer of said County; NOW THEREFORE, I, JOHN R. LEFEBVRE , Treasurer of the County aforesaid, for and in consideration of the sum to the Treasurer paid as aforesaid, and by virtue of the statute in such case made and provided, have granted, bargained, and sold, and by these presents do grant, bargain, and sell the above and foregoing described property unto the said WELD COUNTY whose street address is 1400 NORTH 17" AVENUE , City or Town of CREELEY County of WELD and State of COLORADO , their heirs and assigns, forever, subject to all the rights of redemption by minors, or incompetent persons, as provided by law. In Witness Whereof, I, JOHN R. LEFEBVRE , Treasurer as aforesaid, by virtue of the authority aforesaid have hereunto set my hand and seal this 12T" day of APRIL , A.D. 2016 . CERTIFICATE NO. 2009-03947 Tax Sale Record ACCOUNT = R4567986 PARCEL = 10.59-11-1-I.0-001 °Strike out in accordance with fact. FGE S f4� •lr�.. t ,. 1(Seal) Treasured ft' : WEI04 Colt ty, Colorado STATE OF COLORADO, ) ss. County of WELD ) l p'J J ' J.7 ,:,;)>A„fi...... ' ' The foregoing instrument was acknowledged before me this 12ru day of APRIL 2016 . by JOHN R. LEFEBVRE as Treasurer of said county. Witness my hand and official seal. Mailing Address for WELD COUNTY 1400 NORTH 17ru AVENUE GREELEY CO 80634 CERTIFICATE NO. 2009-03947 Tax Sale Record ACCOUNT = R4567986 PARCEL = 1059-11-1-10-001 Notary Public My commission expires JULY 25, 2016 TERI SHIPP NOTARY pUIIUIC STATE OP COLORADO NOTARY ID 20044017013 MY COMMISSION EXPIRES JULY 25, 2016 0• ham! W V 1 Irl E .. — a o n -J ? b y ❑ Z _ 't7 _ f Z 3 0 CZ 5 .A z 5 , 6 may/ �1 , a 47 ot Y a o G -.a n. h J \ CO 0 \ CC CC CC 9 2 o }\? /2)-® \ ± \ b \ 0 CN Cf: Lo _• 3 / LU \• 2 f 0 o • w.▪ < ow ill O Q O E \ 0 OFFICE OF THE COUNTY TREASURER Amount $67.27 November 16, 2015 BARB CONNOLLY ACCOUNTING DEPARTMENT ERRORS & OMISSIONS: The ownership of accouh per the recorded Deed dat R4567986 d 9/7/19 OFFICE OF THE WELD COUNTY TREASURER www.co.weld.co.us 1400 N 17 AVE GREELEY CO 80631 970-353-3845 x3290 John R. Lefebvre, Jr. as corrected by the assessor's office on October 29, 2015, I have attached a copy of the letter sent to the Board of County Commissioner by Bob Choate. Bob has explained the situation and our plans to resolve the error. We ask for the funds to be paid by Weld County to make the transactions transparent. We would like to request a check in the amount of $485.67 for the payment of all existing tax liens, and a second check in the amount of $400.00 to start the process of the Treasurer's Deed. These funds will need to be in our office before Wednesday, November 25, 2015 for these amounts to be correct and avoid an increase in the cost of the liens. Thank you for your consideration. Sincerely, Linda Markley Weld County Treasurer's Cc: Renee Fielder Cc: John R. Lefebvre _H- November 16, 2015 OFFICE OF THE WELD COUNTY TREASURER www.co.weld.co.us 1400 N 17 AVE GREELEY CO 80631 970-353-3845 x3290 John R. Lefebvre, Jr. BARB CONNOLLY ACCOUNTING DEPARTMENT ERRORS & OMISSIONS: The ownership of account R4567986 was corrected by the assessor's office on October 29, 2015, per the recorded Deed dated 9/7/1911. I have attached a copy of the letter sent to the Board of County Commissioner by Bob Choate. Bob has explained the situation and our plans to resolve the error. We ask for the funds to be paid by Weld County to make the transactions transparent. We would like to request a check in the amount of $485.67 for the payment of all existing tax liens, and a second check in the amount of $400.00 to start the process of the Treasurer's Deed. These funds will need to be in our office before Wednesday, November 25, 2015 for these amounts to be correct and avoid an increase in the cost of the liens. Thank you for your consideration. Sincerely, Linda Markley Weld County Treasurer's Cc: Renee Fielder Cc: John R. Lefebvre Commissioners, TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: November 6, 2015 SUBJECT: Incorrectly issued Treasurer's Deed The Treasurer's Office recently determined that it had incorrectly issued a Treasurer's Deed in 1970, and again in 1989, for property which was owned by the Union Pacific Railroad. This is a small triangular parcel located between two rail spurs. Currently there are multiple tax liens on the parcel that have been sold to investors, Because the title to the parcel has been clouded by the incorrectly issued Treasurer's Deed, the Treasurer is recommending we attempt to clean up title for the benefit of the tax lien holders. Title to the parcel would transfer back to the Union Pacific Railroad. We would typically clean up title by filing a quiet title action in the Weld County District Court. However, we are recommending an alternative that would accomplish the same goal in this instance, and would be less expensive. We recommend that Weld County purchase the tax lien from the current holder for $83.27, plus $4.09 for a transfer fee. Tlreafter the County would redeem the junior tax lien certificates in the amounts of $139.11, $57.77, and $83.44, respectively. The County would then redeem the senior tax lien certificate held by Weld County itself, at a cost of $111.08. We would then make a deposit of $400, and the Treasurer could issue Treasurer's Deed into the name of the County. Finally, the County would quit claim the parcel to the Union Pacific Railroad. The total cost would be less than $500, the tax lien investors would be made whole, and the ownership cloud created by the incorrectly issued Treasurer's Deed in 1970 would be correct. If you approve of this recommendation, the Treasurer would take all necessary actions to accomplish this goal. Once the County receives the Treasurer's Deed, you would be presented a quit claim deed to the railroad during your normal Board meeting. Agree with Staff Recommendation Work Session Requested Comments Kirkmeyer Y -- Freeman n rne- Conway Cozad Moreno Linda Markley From: Sent: To: Subject: Attachments: John and Linda, Bob Choate Monday, November 09, 2015 4:03 PM John Lefebvre; Linda Markley FW: Treasurer's Deed - Pass around Treasurers Deed.pdf The Board unanimously approved our idea related to cleaning up title for the railroad and making our investors whole. (See attached). Is there anything I can do to assist you in accomplishing this? Thanks, Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate@weldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. Original Message From: Karla Ford Sent: Monday, November 09, 2015 12:25 PM To: Bob Choate <bchoate@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us> Subject: Treasurer's Deed - Pass around The attached pass -around was approved by all five commissioners. I will leave the original with Bob. Karla Ford - Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 tel: (970)336-7215 X4228 141 cc;r'4 ��, •#+s. WARRAsi DEED,—CORFOR&TiOX,--4'bo W. ' Robinson Pdf.+ttni Co., Mrs. Colorado LIRA( plan G Din' ' btE 1Deeb, Made this -- our Lord one thousand nine hundred and k.loven , between - THE J i.t'L-ps' I ivu;I , L\L 'Y Oo.PP. Pl- 7tn------- day of-"-1Septeniber-- b th BE4 ,liltff?¢u s' a corporation ratty e. ganizcd and existing under and by "virtue of the laws of the Stale of Oole- iwla of the first part, and union Pact t;11rowi ©ol+)any,- a eorp-C ation1- ei u exi.S.4life of ,EIrtne of the 'U of to hG2F i' Ut li3 yf1ltc .. u__ __, otuYGt�rrf anti Sla1C,ef,i',alaradatof 11wseeoiid part; WITA'1;S'PTfl, That Me said patty of the first start, for and in eonsideratio l of the shin of 5'ou ]-lun,ired t\ienty—five ..tilt. 20/10f7 DOfrdRS to the said -early of the first part in hand paid by the sled part y of the seeond pail, the_re- chat wlwreef is hereby e4nfossed an4'aololoictedged, hath granted," bargained, sold and con- veyed, hail by these. presents (lint grant, Largai 1, sell, convect and con firs» unto the said part y le second part, its ghat assIgiis forever, all llw foltathiny desclgibed lot u or par- .$ of lain(, sstiui1 tttn07 ai) .being in the - -_.- County of - ,ie lctm �Oolprailgtta�#ttz ILL! that, Pitrt--Oi' the 'rite Or 1,1 n lrntkllt , o .Yi6 k1 ti`i d Sttkte el 0o.),crttdgt ,tP,floriveti - oft , rat ) t tSis l r'5 1,F, .u"t (t laint on the i i)I th tia, t l,l...ueii (11), L'oR 4111p 3 -`our C ti=) :nrti , .king+ 4lxty- et ! 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Of P."' -t 1titvee or lea:`;, to the cant line of Irete' i trcet; treeoe ; . _1° 23' N. abon,, the eai,t line of'Irene Street a hi€°thrice of 211.00 t'oet, more or 7,u'_+•`, to toe- l,tte of ah 1 ciiir,; _ontExInirth' One anti One. citlTiUL' i:1 tillO esienty�nine Thourt; a-itittlio ( 1, 179 ) uaria ,21 0, 1 1ioe h 1/tic'el or 1an1 cituziitcd in t1 5.,311+''1 -:3t . hcii'c i er o? the 'so:An Jt qua tt r ( ', - o of 2eeti 6,()'lilO (2)i' 9oWtuGhip Jour (ll ) No x111, 'tri Ti e „i?.t y- "ten ( t/) lent aL` Litt:: 6th. P. ly +t it t':n int on tinl noiiwfl line c -all OCetiOn''O1O '•G _ ! � ,_-oo !fl r.. , one tliliUl!'t'.tl anti inn ( 1.1(i) feet t"ottt th.;d not.kth-Y.ene Cni a'r a[ tie un)dtih ell, t qt e1'te"i' of... $eiLinil Iwo' ) ≤,iii. -nun: . .ii, 10 lj' at 1'iE hi: Fil,,,leti to $it -1,l '')11th hilt a tilt's i-once of 261.9;,, feet, ,5Oi-C or f e'1 to ;,n ini.erention t.it11 the p.:re'ntilt `count—Ne.tarty right of ,- ..ay tine of' the i/exit to 1't, Cal:"lit _:eiin :h at' Union 1 l.ci 1'IC 3_,'(zati; tiltiu1 C , ti- ° j°9)' ii. ta1.t)1 ;;t 1Ct :T' '.ti. t 'it- of F". line a (i1.;ttlitCC n(' 71.6 f -at, rsnt a or 1r Ht.; , t.o tut .ans.h it?: oi' _,1 Ocet;r,'ni `Cart ;`S� ;t crrk, ,;=1d :ino.tjl lino or.' ,.1:111 - .ct.ion a ,11ntance of 151.' ? r crb, , more or 7-1 , ,c, tao pi.e of -i:i?31l11. roil ajr-.1n -:=wen loi tl 'l :4.1 a ':i;ilty-roe '-r11F .:Ulyci e -l[:, ( . IC{1. ) or an i ArE; .....Y-.,.- r�Ar I0(1;T11E£l tailh all and singular the horeditarlienta and appurtenarrses thercanto belong- ing, or to anywise appertaining, aining, and the reversion and reversions,rc-rnainder and remainders, rots, issues and projits thereof; and alt the estate, right, title, interest, claim and demand what- soever of the said -party of the first part, either in lase or equity, of, in and to the abovo bar- gained premises, with tire heruditausants and appurtenanoes. TO ILAPL' AND 1'O If012,t1 the said promises above bargained and descrihecf, with the sip, ntto 0 e:;Be,1"3 pnrienances, unto the said partY of the second part; i t$ :Roils on4 assigns forever. /And the said----"'irtt3 a)ei v--LarwiliC lianity Oa -u pang --------- -- -.-_- • - . - party of the first part, for itself, its successors and assigns, dolls covenant, grant, bargain and agree to and with the ottocenflor , said part y of the second part, itar :kei -and assigns, that at the time of theenseat- irlg and delivery of these presents ft is well seized of the premises above conveyed, as of is !good, stile, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hath- good right, fall power and lawful altthoritrl to its atit, bargain, sell and convert the saute in man- ner'arrrd form aforesaid, and Thad the same are free and clear from all former end other grants, bargains, sales, liens, tares, assessments anti 1neumbrances of whatever kind or nature sooner; ::<-e i',,1n:: r 1 v,h:'.r, of ;;cry Cot' i1 .ilia.'; tto;. i x 1lit 1lib'. —----_---_------- --._- --- and the above bargained premises in ail cell:tor'r; the quiet and peoc,enbte possession of the said part y of the second hart, 1 t:3 YlBii-Rand ,assigns, against all and every person or persons-latof utly-claimi rag or to. claim the_irdrltTzfra r-" - part thereof, the sad party of the first part shall and will IVAIM /INT AND PORL'i'ER 1)P - ?END. iN TK12'ri'I/S.S WHEREOF, The said party of the first part bath causedits corporate name lobe hereunto subscribed by its ---- --President, and its corporate, seal to be hereunto affixed, attested by its Secretary, the day and year first abotre written. Attest:, Fy .>` Secretary, `PUUE DEN rsit-•7,11,1). Lit 0OXIPA;JX_ President. STATE OF COLORADO, ss. O ,G� tx .GbitNTY oF..1. 31Wr s..__ I, Opai ,0. Arntilr, r, a Rotary PLtbl:lce and for said 01 ty & County, in the State aforesaid, do hereby certify that I≥141,nrWr and C. L. Y' ht,-; who are-personallyyknown to me to be the same persons whose names are subscribed to the fore- yoirly Deed as haling execute the same respectively as - . •President and Secretary of he lxnnver Dz,„r ib -i aity Corlpany,; a corporation, and who are I,•nowse to to be such officers respectively, appeared before me this day in :parson, and .severalty acknowledge: ,Thal the seal affixed to the foregoing instrument is the corporate seal of said corporation; that the same was thereunto affixed by the authority of said corporation; that saidinstrument was by tik-c authority subscribed with its corporate name; that the said- =i# ls. =`lrfirner:--- is the--- --President of said eorpor•ation,and the said-- -O I. iii -gilt- -_ - is the S'ecr•etarll,thereof; that by the:authority of said corporation they respeotivcly'subscribed then -names' toe, eta as --------President and Secralary, and that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and steed, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and I;oturl:sl seal, this it day of nettw;ber , A, 1). 1911. 11y commission expires uiy 1.14th. , , 1Ii ly. OFFICE OF THE WELD COUNTY TREASURER www.co.vveld.co.us 1400 N 17 AVE GREELEY CO 80631 970-353-3845 x3290 John R. Lefebvre, Jr. DATE: April 22, 2016 TO: Board of County Commissioners & Frank Haag FROM: John R. Lefebvre, County Treasurer, Renee Fielder and Linda Markley SUBJECT: Incorrectly issued Treasurer's Deed Cleanup ownership Commissioners, I have attached a copy of the November 6, 2015 PASS -AROUND memo regarding the error in ownership for a small triangular piece of land lying in the railroad yard within the city limits of Milliken. In 1970, two Treasurer's Deeds were incorrectly issued on this land that should have been Union Pacific's all along. The Current treasurer is attempting to correct a mistake made several decades ago. Our office was directed by Bob Choate, Assistant County Attorney to complete a third Treasurer's Deed process and convey the ownership to Weld County. Once Weld County obtains ownership and conveys this property to the Union Pacific Railroad chain of title will be complete and the error corrected. I have also attached an envelope containing the recorded Treasurer's Deed and a check made out to Weld County for the unused portion of the deed deposit. We ask that the Board accept this deed on behalf of Weld County. If the Board of County Commissioners accepts this Treasurer's Deed a Quit Claim Deed conveying ownership from Weld County to the UPRR will be prepared and presented at a future board meeting. There are two items that we recommend you approve so that we may place them on the agenda. 1. Accept the treasurers deed 2. Transfer the property back to UPRR via a quitclaim deed. FREEMAN CONWAY KIRKMEYER COZAD MORENO AGREE WITH STAFF WORK SESSION STAFF RECOMMENDATION REQUESTED COMMENTS Hello