HomeMy WebLinkAbout20063219.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 22, 2006
TAPE #2006-41
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 22, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of November 20, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Jenny Luna,Acting Clerk to the Board,presented the following warrants for approval by the
Board:
All Funds $514,554.56
Commissioner Jerke moved to approve the warrants as presented by Ms. Luna. Commissioner Long
seconded the motion, which carried unanimously.
2006-3219
BC0016
/07-/3-19&
BIDS:
PRESENT BIDS: Ms. Luna stated there were no bids to present.
OLD BUSINESS:
CONSIDER PETITION AND AUTHORIZE VACATION OF PORTIONS OF WELD COUNTY ROADS -
WELLS RANCH, LLLP (CON'T FROM 11/20/06): Don Carroll, Department of Public Works, stated 45
sections of land are associated with the proposal,and read his memorandum of recommendation into the
record. He stated the Department has completed research of the section lines through a title company,and
the surrounding property owners,status of the right-of-way,patents,and parcel numbers were verified. He
further stated if the requested rights-of-way are vacated, no public right-of-way will be available for the
owners of new parcels created by Recorded Exemptions. Mr.Carroll stated if the toll road is approved,the
Prairie Falcon Parkway Express will affect lands owned by Wells Ranch, and he summarized that the
Department is not in support of the vacation of the requested roads, since Nonexclusive License
Agreements are completed in order to provide access to parcels which have been split. In response to
Chair Geile,Mr.Carroll stated all current property owners have adequate access to their respective parcels.
Responding to Commissioner Long, Mr. Carroll stated public access will remain for the State-owned
properties, and no parcels will become landlocked if the vacation is approved.
Jeff Bedingfield, attorney representing Wells Ranch, LLLP, stated the process of the petition has taken
several months to complete since the request is such a substantial request. He stated access will be
preserved for the Ricketts property and all State-owned properties. He stated the applicant is currently in
the negotiation process to acquire 20 acres of land from the State for a dairy operation. He further stated
all of the State lands interior to the property owned by Wells Ranch have been leased by the applicant for
at least 40 years. Mr. Bedingfield clarified that the applicant is requesting that only the rights-of-way which
are interior to the ranch be vacated, and all exterior rights-of-way will not be affected. He stated the
applicant has had significant problems with oil and gas exploration upon his land, and the oil and gas
operators have not been confining their vehicles to the proper roads. He further stated the applicant
understands that he cannot exclude oil and gas exploration; however, the vacation of the rights-of-way
would allow for a coordinated system for access of the vehicles. Mr. Bedingfield stated the Wells Family
has never sold property, and has only acquired additional land; however, if any land is sold, access to a
public right-of-way will be required to obtain title insurance for the property.
Bruce Barker,County Attorney,stated the State Land Board submitted a letter of opposition regarding the
vacation. Upon reviewing the letter, Mr. Bedingfield stated the State properties are already landlocked,
therefore, he does not understand why the State believes the value of the property will be diminished by
approval of the vacation. Mr. Barker stated the applicant has been careful to make certain that all existing
lands have adequate access,and the standard letter of opposition does not apply. Mr. Bedingfield stated
the applicant does not intend to alienate the State Land Board,since he currently leases five properties from
the Board, and is in negotiations with the Board for another 20 acre parcel.
In response to Chair Geile, Mr. Carroll stated the Department does not recommend the vacation of the
right-of-way since it cannot be re-obtained in the future. No public testimony was offered concerning this
matter.
Responding to Chair Geile, Mr. Barker stated he is comfortable with the vacation of the requested
rights-of-way since the vacation will not keep any property from acceptable access. He stated if the
vacation were to la ndlock a parcel, it would be considered void. He further stated he does not disagree with
the general recommendation of Mr.Carroll; however,the applicant owns a large amount of property,and
if the property is developed, it is probable that it will be necessary to vacate the rights-of-way. Mr. Barker
recommended approval of the vacation. In response to Chair Geile, Mr. Barker stated the applicant cannot
deny access to the proposed toll road, if it is approved, and enough right-of-way will still exist to provide
access.
Minutes, November 22, 2006 2006-3219
Page 2 BC0016
Commissioner Long moved to accept said petition and authorize said vacation, based upon the
recommendation of the County Attorney. The motion was seconded by Commissioner Masden, and he
stated he is not usually in favor of road vacations; however,this is a unique situation of which he is in favor.
Commissioner Jerke stated he does not believe the removal of the grid system of the rights-of-way will be
a positive action,and the Department of Public Works has unanimously recommended denial. He further
stated the State Land Board has voiced objections, and it is not known whether a toll road will be placed
within the vicinity in the near future. He stated he does not believe enough motivation exists to approve the
vacation,and leaving the grid system of rights-of-way in place will lead to proper future planning practices.
CommissionerJerke stated he does not support the motion. Chair Geile stated his support of the vacation,
and he believes the access needs will be dealt with in the future. There being no further discussion, the
motion carried three to one, with Commissioner Jerke opposed.
CONSIDER CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT
APPLICATION AND AUTHORIZE CHAIR TO SIGN(CON'T FROM 11/15/06): Drew Scheltinga, Department
of Public Works, stated a 112 Operation Permit Application has been completed for the Derr Pit, and the
Department has reservations about the quality of the material, and expenses. He stated Mr. Barker also
has some reservations about the agreement. He further stated the Department is not immediately ready
to submit the application; however, the Resolution only authorizes the Chair to sign the application, and
does not require submittal of the application. Mr.Scheltinga recommended approval of the application,so
that the matter may be removed from the agenda, then if the Department decides to proceed with the
agreement,the matter may move forward. In response to Commissioner Jerke, Mr.Scheltinga stated the
pit has more overburden than staff was originally led to believe. He further stated the application concerns
reclamation of the pit, and no specific amounts of material are listed on the application. Mr. Barker stated
staff is obligated to complete the permitting process. Commissioner Jerke moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 18 BETWEEN WCRS 23 AND 25: Mr.Carroll stated Weld
County Road 18, between Weld County Roads 23 and 25,will be closed from December4, 2006,through
December 15, 2006, for culvert replacement. He stated the detour route is in place, and recommended
approval of the temporary closure. In response to Commissioner Masden, Mr. Carroll stated he is not
aware if message sign boards will be utilized for this closure; however,barricades,detour arrows and night
flashers will be utilized. Commissioner Masden moved to approve said temporary closure. Seconded by
Commissioner Jerke, 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.
Minutes, November 22, 2006 2006-3219
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF UNTY COMMISSIONERS
off..` WELD CO TY, COLORADO
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ATTEST: & / % _r► { . / 4„
Vii' .0001, M. eile, Chair
Weld County Clerk to the Bo.�,wi •`�����
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Y`�„ a R David E. Long, Pro-Tem
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DepuiClerk tWhe Board
WilliamH. Jerk!
Robert D.'Masden
EXCUSED
Glenn Vaad
Minutes, November 22, 2006 2006-3219
Page 4 BC0016
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