HomeMy WebLinkAbout20073440.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 5, 2007
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, November 5, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of October 31, 2007, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on October 31, 2007, as follows: 1) CZ#1141 - Wright Investment Group, Inc.; and
2) USR #1534 - Larry G.and Florance E. Kammerzell Revocable Trusts, Go DCP Midstream, fka Duke
Energy Field Services. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $735,948.11
Electronic Transfers - All Funds $273,132.79
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER DIRECTING PAYMENT OF COLLATERAL TO WELD COUNTY BOARD OF
COMMISSIONERS REGARDING IMPROVEMENTS TO CR 38 - PLATTE SAND AND GRAVEL, LLC
(CON'T FROM 10/31/07): Chair Long stated due to the large amount of New Business items, this matter
will be considered at the end of the Board meeting.
NEW BUSINESS:
CONSIDER MEMORANDUM OF AGREEMENT FOR AREA AGENCY ON AGING SENIOR NUTRITION
PROGRAM AND AUTHORIZE CHAIR TO SIGN - BIRCHWOOD APARTMENTS: Walt Speckman,
Director, Department of Human Services, stated the new management at the Birchwood Apartments
indicated agreement with the proposed changes, and he recommends approval. Commissioner Masden
moved to approve said Memorandum of Agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF AA STREET BETWEEN CRS 33 AND 35: Wayne Howard,
Department of Public Works, stated staff is requesting temporary closure of AA Street, west of Seeley
Lake, for installation of a culvert. Commissioner Jerke moved to approve said temporary closure.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CHANGE ORDER NO. 4 FOR CR 13 PROJECT AND AUTHORIZE CHAIR TO SIGN -
FELSBURG, HOLT, AND ULLEVIG: Mr. Howard stated this Change Order addresses drainage
modifications, additional driveway modifications, and some environmental services. He stated the total
change order is in the amount of $19,965.00, it is the final change order, and the project has been
scheduled for construction. Commissioner Garcia moved to approve said Change Order and authorize
the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME AT ROLLER AND ASSOCIATES AUCTION: Barb Connolly, Controller, stated there are seven
pieces of heavy equipment scheduled for auction by Roller and Associates on November 14, 2007.
Commissioner Masden moved to declare said property as surplus property and authorize the sale of same
at said auction. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER FIRST ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
ROAD AND STREET DESIGN, CONSTRUCTION, AND/OR MAINTENANCE SERVICES RELATIVE TO
THE CR 9.5 PROJECT EAST OF 1-25 AND SOUTH OF SH 66, AND AUTHORIZE CHAIR TO SIGN -
TOWN OF MEAD: Mr. Howard stated the original Intergovernmental Agreement stated Weld County was
responsible for the design; however, under this Addendum, the Town of Mead will take over responsibility
for construction. He stated it also clarifies the remaining funds left in the account for construction and how
the money will be utilized. He further stated the money will be shared between the parties, as well as being
spent on a future signal once warrants are met. In response to Commissioner Rademacher, Mr. Howard
stated the first mile is open to traffic, the mile south of State Highway 66 is almost complete, and the
Minutes, November 5, 2007 2007-3440
Page 2 BC0016
contractor for the Colorado Department of Transportation (CDOT) is cleaning up the frontage road
relocation, therefore, he anticipates the entire project will be open within the next two weeks. He further
stated the County is also involved with the traffic light project at the intersection of State Highway 66 and
County Road 13; however, he does not believe there will be any widening of the intersection.
Commissioner Rademacher moved to approve said addendum and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
FINAL READING OF ORDINANCE #2007-6, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION,OF THE WELD COUNTY CODE: Commissioner
Masden moved to read Ordinance #2007-6 by title only. Seconded by Commissioner Rademacher, the
motion carried unanimously. Bruce Barker, County Attorney, read said title into the record and stated the
only change to be made on final reading is to include the Model Service Plan as an Appendix. He stated
staff receives a lot of requests for the Model Service Plan, and he feels it would be helpful to have it in the
Code and available on the website. Commissioner Rademacher moved to approve Ordinance #2007-6
on final reading,with the amendments as proposed by Mr. Barker. Seconded by Commissioner Masden,
the motion carried unanimously.
FINAL READING OF ORDINANCE #2007-7, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE:
Commissioner Masden moved to read Ordinance #2007-7 by title only. Seconded by Commissioner
Garcia, the motion carried unanimously. Mr. Barker read said title into the record and stated the only
change on final reading is a reference to the P-card administrator in Section 5-4-180. He stated the
change was made previously and missed in this location. No public testimony was offered concerning this
matter. Commissioner Garcia moved to approve Ordinance #2007-7 on final reading, with the change
proposed by Mr. Barker. Seconded by Commissioner Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-13, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 1 GENERAL PROVISIONS, OF THE WELD COUNTY CODE:
Commissioner Rademacher moved to read Ordinance#2007-13 by title only. Seconded by Commissioner
Masden, the motion carried unanimously. Mr. Barker read said title into the record and stated this
Ordinance deals with revising the submittal dates for Code changes. He further stated no modifications
are proposed on Second Reading. No public testimony was offered concerning this matter. In response
to Commissioner Jerke, Mr. Barker stated the deadlines are not set by State statute, rather, they are
determined by this portion of the Code. He further stated the modification will make it easier for staff to
complete the changes before the publishing deadline, which is done twice a year. Mr. Warden stated the
deadline schedule was recommended by the Colorado Code Publishing Company which maintains the
Code for Weld County. Commissioner Garcia moved to approve Ordinance#2007-13 on second reading.
Seconded by Commissioner Rademacher, the motion carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#493 - ELAINE STUART AND LARRY
SPEER: Roger Caruso, Department of Planning Services, stated the property owners have requested
vacation of Use by Special Review Permit #493 for a dog kennel, which was approved by the Board on
September 15, 1982. Commissioner Jerke moved to approve said vacation. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#731 -HALL-IRWIN CORPORATION:
Kim Ogle, Department of Planning Services, stated staff received a letter from Jeff Gregg, Resource
Manager for Hall-Irwin Corporation, dated October 23, 2007, requesting vacation of this permit, as well as
the two permits listed in the following items of business. He stated staff recommends approval of all three
permit vacations associated with the Herbst Gravel Pit. In response to Commissioner Jerke, Mr. Ogle
Minutes, November 5, 2007 2007-3440
Page 3 BC0016
stated the applicant has provided documentation from the State that all requirements have been completed
and the site has been reclaimed. Commissioner Jerke moved to approve said vacation. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#875- HALL-IRWIN CORPORATION:
Based upon the previous discussion, Commissioner Rademacher moved to approve said vacation.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW #927 AND AMENDED USE BY SPECIAL
REVIEW PERMIT #927 - HALL-IRWIN CORPORATION: Based upon the previous discussion,
Commissioner Jerke moved to approve said vacation. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN
AND PLANNED UNIT DEVELOPMENTAL FINAL PLAN, PF#1099-SOARING SKIES VENTURES, LLC:
Brad Mueller, Department of Planning Services,stated Section 27-8-60 of the Weld County Code requires
that the final plat be recorded within one year of approval of the Final Plan; however, the Board can grant
an extension. He stated staff does support the request of the applicant to extend the filing date to
October 20, 2008. In response to Commissioner Jerke, Mr. Mueller stated the applicant has cited market
conditions as the basis for the request, which will determine whether they can provide the necessary
surety. He further stated the property is located near the intersection of County Roads 84 and 15, west
of the Town of Ault. Commissioner Masden moved to approve said request for extension. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4715 - PENNY EVERITT: Mr. Caruso gave a brief description
of the location of the site, and stated staff is unable to grant approval since the proposal does not meet
the minimum lot size requirement of 2.5 acres. He stated the applicant is proposing a smaller lot to house
a communication tower. In response to Commissioner Jerke, Mr. Caruso stated the Recorded Exemption
is to create a lot for a tower, rather than a residence. He further stated the previous owners sold the
parcel, and the Conditions of Approval will require a note on the plat stating it is uninhabitable for
structures. Responding to Commissioner Masden, Mr. Caruso stated the tower was built in the 1950's to
relay television signals; however, since that time the use has changed to maintain some private
communications equipment. He further stated Weld County does lease space on the tower, which is 260
feet tall. Penny Everitt, applicant, stated the owner of the tower agreed to the existing access, which is
a trail road through a pasture,therefore,she is uncertain whether Condition#2.C is necessary. Chair Long
stated the Condition is important because it provides clarification that the easement must be kept clear for
general access purposes. Kenny Everitt stated if this request is not approved, future permits may be
compromised. In response to Chair Long, Ms. Everitt stated the County leases part of the tower space
as part of the regional communications system. Responding to Commissioner Jerke, Mark Fulling, tower
owner, stated the tower is situated in the middle of the property. No public testimony was offered
concerning this matter. Commissioner Jerke moved to approve Recorded Exemption #4715, with the
Conditions of Approval as recommended by staff. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#403-
JAMES AND DONNA BRIENZA: Mr. Caruso stated staff received a letter, dated October 17, 2007,
requesting release of the remaining collateral. He stated staff conducted site inspections, verified all
on-site improvements have been completed, and recommends that collateral, in amount of$3,468.00, be
released. Commissioner Rademacher moved to approve said cancellation and release of collateral.
Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, November 5, 2007 2007-3440
Page 4 BC0016
CONSIDER COLLATERAL FOR LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT FOR USE BY SPECIAL REVIEW PERMIT #1444 - SW CHAMBERS, LLC, DBA HEIT
FARMS GRAVEL PIT: Don Carroll, Department of Public Works, stated the applicant previously entered
into an Improvements Agreement for Use by Special Review(USR)Permit#1444, and a Subdivision Bond
has now been provided. Mr. Carroll indicated the Department has been working with gravel hauling
companies, located within the vicinity of County Roads 18 and 25, to provide maintenance and
improvements to the roads. He stated Pioneer Sand and Gravel, LLC, is the current operator at the Heit
Farms Gravel Pit, and the Department has requested collateral be collected to ensure the necessary
improvements required through USR#1444 are completed. He further stated he originally requested an
amount of $420,000.00; however, the company has provided collateral in the amount of $600,000.00,
therefore, adequate collateral has been provided. Mr. Carroll indicated if the required improvements are
not completed by Spring, 2008, the County will draw against the collateral to complete the improvements.
In response to Commissioner Rademacher, Mr. Carroll stated the necessary improvements include
upgrades and pavement for a length of one-mile, a new box culvert on County Road 18, west of U.S.
Highway 85, and turn-lane improvements on U.S. Highway 85. He stated the applicant is responsible for
the proportional share of the required improvements. Responding to Commissioner Jerke, Mr. Carroll
stated he has been in frequent contact with the applicant's representatives, and explained the applicant
installed a new slurry wall and brought in a new operator. He further explained the applicant was allowed
to begin hauling if the required improvements were completed during the 2007 construction season;
however, the applicant indicated the required improvements could not be completed. He stated he
required the applicant to post collateral to ensure the improvements will be completed, and clarified the
applicant did meet the required deadline presented. He reiterated the collateral will be utilized, if
necessary, to complete any necessary improvements not finalized by the applicant. Further responding
to Commissioner Jerke, Mr. Carroll clarified he did not provide notice of today's meeting in writing;
however, the applicant was notified verbally over the telephone. He further clarified he has also spoken
with representatives of Pioneer Sand and Gravel, LLC, giving notification of the hearing date, and
acknowledging receipt of the collateral. Commissioner Jerke moved to approve said collateral. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR AMENDED SITE PLAN REVIEW,AMSPR#187-WRIGHT INVESTMENT
GROUP, INC.: Mr. Caruso stated staff has received a Subdivision Performance Bond, in the amount of
$27,000.00, in conjunction with the Improvements Agreement required through Amended Site Plan
Review #187. He stated staff has determined the improvements on the site will total approximately
$18,000.00; however, the County Attorney indicated the excess amount of collateral is acceptable. In
response to Commissioner Jerke, Mr. Caruso indicated the site is located adjacent to U.S. Highway 85 and
County Road 2.5. Commissioner Garcia moved to approve said agreement, authorize the Chair to sign,
and to accept said collateral. Seconded by Commissioner Rademacher, the motion carried unanimously.
OLD BUSINESS:
CONSIDER DIRECTING PAYMENT OF COLLATERAL TO WELD COUNTY BOARD OF
COMMISSIONERS REGARDING IMPROVEMENTS TO CR 38 - PLATTE SAND AND GRAVEL, LLC
(CON'T FROM 10/31/07): Mr. Barker stated the matter was previously continued to allow time for the
Department of Public Works to determine whether water is flowing through the ditch along County
Road 38, and to determine who utilizes the ditch. He indicated a map has been provided by the
Department, marked Exhibit C.
Drew Scheltinga, County Engineer, indicated Rich Hastings, Department of Public Works, met with the
representatives of the surrounding property owners, including Wayne Howard, land manager for the Berry
property, and Randy Ebert, ranch manager for the Ptasnik property. He gave a brief description of the
Minutes, November 5, 2007 2007-3440
Page 5 BC0016
provided map, stating a pivot exists in the center of both properties, a concrete ditch exists along the north
side of County Road 38, a dirt ditch exists on the Ptasnik property, which crosses under County Road 38,
and an additional dirt ditch is located between the two properties. He explained the water from the
concrete ditch fills the pond to provide water to the pivot, and the Ptasnik property also contains a well to
provide water to the pivot. He stated Mr. Ptasnik has indicated his desire for the ditches to remain in good
shape, and that the ditches were not utilized last summer; however, he would like the ability to be able to
charge the pond on his property, as well as irrigate one portion of the property directly from the ditch. He
further stated Mr. Ebert indicated the ditch portion affected by roadway construction should be
re-established and the box portion damaged during construction activities should be repaired. He stated
Mr. Howard indicated willingness to allow the concrete ditch to be relocated onto the Berry property along
County Road 38; however, he has just been presented with a letter from Mr. Howard which contradicts the
information provided to Mr. Hastings. He summarized both property owners are willing for their respective
properties to be accessed for any necessary repairs to the ditch, and confirmed the concrete and dirt
ditches were utilized during the past irrigation season. Chair Long expressed his appreciation to
Mr. Scheltinga for the Department's diligence in obtaining the information from the surrounding property
owners.
In response to Commissioner Rademacher, Mr.Scheltinga indicated the placement of the pond on the map
provided and stated a future pond is intended for the Berry property; however, he is not aware if the current
pond will be relocated. Responding to Commissioner Masden, Mr. Scheltinga reiterated both
representatives indicated that the relocation of the ditch would be acceptable.
Mr. Hastings stated the pond located in the southeast corner of the Berry property may need to be moved
or re-established if the concrete ditch is relocated. In response to Commissioner Rademacher,
Mr. Hastings indicated the concrete ditch is located in very close proximity to an existing fence and large
cottonwood tree, and relocation of the ditch would impact these two improvements and the adjacent
residence.
In response to Stephanie Arries,Assistant County Attorney, Mr.Scheltinga indicated the damaged portions
of the concrete ditch on the provided map, and stated he was informed that the damage took place during
road construction activities. He recommended that the portion of ditch, which has been damaged and
repaired, be removed and reconstructed since the repairs are not adequate. Responding to Commissioner
Jerke, Mr. Scheltinga stated the Department must first establish the exact boundaries of the road
right-of-way, and he reiterated the Department's focus will be on completing the project correctly, which
includes removing ditches from the right-of-way, and he estimated the concrete ditch will be moved a
distance of approximately five to fifteen feet. He further stated exact details for relocation of the ditch were
not previously discussed with Mr. Howard; however, he acknowledged the existing fence and large tree
will be difficult to work around. Commissioner Rademacher indicated it might be more appropriate to bury
a section of the ditch so that the adjacent property will not be damaged. Mr. Scheltinga stated there are
many solutions for the final construction design, and staff will work to find a solution acceptable to the
adjacent property owner.
Russell Sanford, Attorney, represented Platte Sand and Gravel, LLC (PSG), and provided a letter from
Mr. Howard, the manager of the Berry farm, marked Exhibit D. He stated he understands that Mr. Howard
may not have objected to the removal of the concrete ditch from its current location when he spoke with
Mr. Hastings; however, Mr. Howard did not understand the impact of the situation until the actual
measurements were taken. He reiterated that Mr. Howard is now opposed to the removal and relocation
of the concrete ditch. He stated the uncertainty of the Department of Public Works, regarding the ditch
removal plans, is indicative that the ditch work had been waived as a requirement. He stated no solution
regarding the ditch was created during the pre-construction meetings and throughout the construction
Minutes, November 5, 2007 2007-3440
Page 6 BC0016
plans presented. He expressed his appreciation to the Board for the continuance of the matter so that
Tom Sharkey, Co-Owner of PSG, could present testimony regarding the matter.
Mr. Sharkey stated he understands the company's relations with the County have been on-going for the
past six years, and at times the process has not been smooth, and he expressed his apologies to the
Board. He stated the entire Use by Special Review (USR) Permit process and the County Road 38
construction project have been an expensive learning experience for the company. He further stated PSG
has been under the impression that the concrete ditch, adjacent to County Road 38, did not require
removal or realignment. He explained the Department's representatives previously involved in the
pre-construction meeting no longer work for the County, and the Project Manager for PSG is no longer
employed; however, the PSG Project Manager indicated the ditch issues were to be addressed when the
pavement of County Road 38 was completed. He stated three portions of County Road 38 did not get
paved during the initial construction project; two portions were later paved by PSG, and one portion was
paved by County staff. Mr. Sharkey stated the on-site work for the ditch in question was never mentioned
by any Departmental staff, including technicians, inspectors,and engineers; however,there were extensive
discussions regarding the timing of the pavement of the three areas to be paved. He stated Tracy Dyer,
former employee of the Department, worked closely with PSG representatives, and directed the final
grading and shoulder improvements be completed, including final seeding. He further stated Mr. Dyer
reviewed and inspected the necessary improvements before the final seeding was completed, therefore,
he believes Mr. Dyer accepted the grade between the edge of the asphalt, the barrow ditch, and the
concrete ditch. He stated the sequence of work completed proves that PSG was led to believe that the
concrete ditch adjacent to County Road 38 did not require relocation.
Mr. Sharkey provided a collection of photographs, marked Exhibit E, and described each of the pictures
for the record, depicting the intersection of County Roads 38 and 25, as well as the location of ditches
adjacent to various road rights-of-way in other areas of the County. He summarized the pictures indicate
that the County has a lengthy history of ditches to be located within county road right-of-way, and he
requested the Board grant a waiver regarding the relocation of the concrete ditch and release the
remaining collateral. He stated the first water storage lake on the PSG property, 7,400 acre-feet in size,
has passed final inspection from the State, and the storage lake will serve as a benefit to the community,
which has been the ultimate goal of the mining project. He stated the use of the dirt ditch located between
the Berry and Ptasnik properties is currently being disputed by the two property owners, and a current
arrangement for usage of the ditch allowed by the tenant of the property was not approved by the property
owners, therefore, the matter is currently being litigated. He further stated relocation of the concrete ditch
provides very little benefit, and he reiterated his request for the Board to waive the requirement to relocate
the concrete ditch. In response to Commissioner Jerke, Mr. Sharkey stated Mr. Howard was not aware
of the ramifications of relocating the ditch at the time Mr. Hastings obtained his consent. He further stated
Weld County farmers have historically farmed right up to the edge of road right-of-way, and he does not
believe the current placement of the ditch is unreasonable since the ditch is currently functional. He
clarified the repairs made to the ditch were not perfect; however,they were suitable for a slip-form irrigation
canal, and water is currently flowing through the ditch. He further clarified the pond on the surrounding
property is an irrigation pond, and the Ptasnik property does not have the proper authorization to utilize
the concrete ditch.
Mr. Hastings clarified the photograph depicting O Street contains a typo, and the paved lanes are 12 feet
in width, therefore, the canal is 25 feet, 6 inches from the centerline of the road. Mr. Sharkey concurred.
Mr. Scheltinga stated when the Department builds a roadway, there is a lot of expense involved to
purchase additional right-of-way for the necessary relocation of utilities and ditches. He stated other roads
within the County were paved many years ago,and clarified the current standards require removing ditches
and utilities out of the road right-of-way. He further stated removing the ditch may not be cost-effective;
Minutes, November 5, 2007 2007-3440
Page 7 BC0016
however, the work was required in the original construction plans. He acknowledged that the Board may
decide that it is not necessary to relocate the ditch; however, he never personally told a PSG
representative that the original plan of relocating the ditch would not be required. Mr. Scheltinga stated
should the Board decide that it is not necessary to relocate the ditch, he recommends the other items listed
in his letter be completed before the remaining collateral is released, including sumps, access culverts,
and repair to the damaged areas of the ditch.
Commissioner Masden stated the pictures of the county roads referenced by Mr. Sharkey do not provide
an adequate comparison to the new roadway construction practices, and he clarified the County utilizes
the new standards so that some of the previous problems indicated in the pictures are not repeated. He
confirmed he has visited County Road 38 on several occasions, and he has personally viewed water
standing on the road, as well as running across the road, therefore, he questions the integrity of the road
base.
Commissioner Jerke stated many ditches have been relocated outside of the road right-of-way; however,
in most instances the ditches have been located adjacent to strategic roadways. He clarified County
Road 38 is only a 60-foot road, and he questioned whether there were any other examples of roads within
the County where the relocation of a cement ditch was required on a non-strategic roadway.
Mr. Scheltinga stated he knows of several examples where the relocation has been required; however, the
relocation was not done at the landowner's expense. He reiterated most of the relocation would not
include long distances, and he indicated the estimates on the map provided. He reiterated the remaining
improvements to be completed should be addressed,by either County staff or PSG representatives,before
the remaining collateral is released.
Commissioner Rademacher stated he is not convinced that the ditch is in bad shape, and he realizes the
waterline on the ditch walls indicates the ditch has never been more than half-full. He stated he is more
concerned about the remaining improvements to be completed, and he is unsure which ponds are
necessary to relocate. In response to Commissioner Rademacher, Mr. Scheltinga indicated the ditch
serves the Berry property.
Mr. Sharkey clarified the pivot located on the Berry property does dispense water onto the pavement and
the water in the ditch may be leaking. He believes the water in the ditch is coming from the endgun of the
pivot, and the sumps were created because there is no fall on County Road 38. He clarified the sumps
are underlined by gravel, therefore, the water infiltrates the bar ditch into the gravel; however, a system
of dry wells was created to take away the water. He stated in the past seven years, he has never seen
water in the ditch located on the south side of County Road 38. He clarified the Ptasnik property obtains
water from the well and transports the water around the Garcia property to be held within the pond on the
site. He further clarified the concrete headwall of the ditch was not damaged during road construction
activities, and the ponds were dug by the farmers to remove excess water out of the fields. He stated
requiring the ponds to be moved will deprive the farmers of additional farmland. Mr. Sanford reiterated the
request that the Board not utilize the remaining collateral for the required improvements, and indicated
PSG prefers to perform the necessary improvements at its expense.
Commissioner Jerke stated he appreciates the letter presented by Mr. Howard, and he does not want to
encounter erosion problems with relocation of the concrete ditch. He questioned whether public value
could be created if PSG is required to spend a large amount of money to relocate a good cement ditch.
He stated it does not make any sense to require relocation of the cement ditch; however, he does
understand the need to relocate dirt ditches within close proximity to roads. He supports relocation of
ditches and utilities on expanded roads with high-growth potential; however, he does not believe PSG
representatives should be expected to spend a large amount of money to relocate the concrete ditch since
the public value will not be increased.
Minutes, November 5, 2007 2007-3440
Page 8 BC0016
Commissioner Masden concurred with the previous statement made by Mr. Sharkey that the County's
history with PSG has been rough, and explained the initial request for the USR Permit was denied by the
County and later approved through the Town of Milliken. He stated the construction project associated
with the improvements to County Road 38 has been a continuous battle and he understands the company
has spent a lot of money on the project; however, the County has also spent a lot of time and effort trying
to get the situation resolved. He reiterated he has viewed standing water on the road, and he is not certain
if the water is from a leaky ditch; however, the situation needs to be rectified. He clarified the County is
in possession of County Road 38 and he does not want the taxpayers to be charged for repairs to the road
in the future because the necessary improvements were not properly completed. He further stated it might
be possible for the water to be re-routed through a culvert, and he expressed his desire for the project to
be completed correctly, as previously agreed to. Commissioner Masden stated he is not aware of the
average daily traffic count; however, if the improvements are not completed correctly, the road will be
negatively impacted by the amount of traffic. He stated he is not sure replacing the entire ditch is
necessary; however, it was agreed upon in the agreement which was signed by PSG, which is the reason
the collateral was required.
Commissioner Garcia stated he concurs with parts of the statements expressed by both Commissioner
Jerke and Masden; however, the controlling point of the matter is that the agreement was signed by PSG,
indicating the necessary improvements would be completed. He clarified he was not present during the
initial hearings with PSG, therefore he does not have personal memory of previous issues; however, he
believes PSG needs to make good on the agreement previously signed.
Commissioner Rademacher stated the leaking concrete ditch may be mitigated through other
improvements;however, relocation of the ditch around the existing residence is near impossible. He stated
all of the other requirements listed by Mr. Scheltinga still need to be completed; however, he believes the
relocation of the ditch is expensive and unnecessary at this point.
Chair Long stated he believes PSG should uphold the obligation of the agreement; however, the property
owners do desire relocation of the ditch. He stated he understands all of the details may not have been
known at the beginning of the project, and he believes PSG should be required to complete all of the
remaining improvements, except for the relocation of the concrete ditch, since the property owner does
not support the relocation. Commissioner Rademacher stated he assumes that the pivot did not exist at
the time PSG applied for the USR permit, therefore, the ditch was a viable asset, and was the only source
to provide water to the field at that time.
Mr. Barker stated the Resolution has been designed to support a draw against the remaining collateral,
therefore,the Board needs to make a determination as to whether a draw on the collateral should be made
for the County to complete the improvements, or to accept the offer to allow PSG representatives to
complete the necessary improvements. He stated the Board must then proceed with a reaffirmation of the
original agreement,or,delineate the required improvements to be completed. He recommended the Board
retain the remaining collateral without any further release until the improvements are completed, and
require that the improvements be completed by March 1, 2008.
Commissioner Rademacher stated he concurs with Mr. Barker's recommendation that the remaining
collateral not be released. In response to Chair Long, Mr. Barker indicated there may be multiple items
addressed in a single motion. Commissioner Jerke moved to direct payment of the remaining collateral,
in the amount of $182,208.40, to the Board of County Commissioners, and to require that the
improvements be addressed by March 1, 2008, as listed in the letter drafted by Mr. Scheltinga on July 2,
2007, with the exception of the relocation of the concrete ditch on the north side of County Road 38.
Commissioner Rademacher seconded the motion. Mr. Scheltinga clarified some of the improvements
listed within the letter have been addressed; however, the location of the concrete ditch at the northwest
Minutes, November 5, 2007 2007-3440
Page 9 BC0016
corner of the intersection of County Roads 25 and 38 needs to be relocated outside of the right-of-way,
in a manner acceptable to both Weld County and the property owner. In response to Commissioner
Rademacher, Mr. Scheltinga stated both ponds are dry sumps which collect wastewater, and the pond
needs to be filled enough that the shoulder of the road does not fall off into the pond, therefore, the entire
pond does not need to be relocated. At the request of Mr. Scheltinga, Mr.Sharkey indicated the placement
of the second pond on the map provided. Commissioner Rademacher concurred that the ponds need to
be addressed; however, he is not sure how the relocation of the ditch at the intersection of County Roads
25 and 38 will be accommodated. In response to Commissioner Rademacher, Mr. Scheltinga stated an
underground pipe may be placed within the right-of-way to address the situation, and will be built to County
standard. The Board concurred with the recommendation of Mr. Scheltinga to include the relocation of the
ditch at the intersection of County Roads 25 and 38 as an improvement to be completed, and
Commissioner Jerke amended his motion to include the requirement. There being no further discussion,
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 11:55 a.m.
BOARD OF COUNTY COMMISSIONERS
414/1/O WE OUNTY, COLORADO
ATTEST: � I
,
p r r_� David E. Long, Chair
Weld County Clerk to the Boarkf ' of
• William H. J e, Pro-Tem
De ty Cle o the Boar 4�
William F. Garcia
EXCUSED DATE OF APPROVAL
Robert D. Marsden /
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Douglas ademache
Minutes, November 5, 2007 2007-3440
Page 10 BC0016
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