HomeMy WebLinkAbout20042444.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 16, 2004
TAPE #2004-35
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, August 16, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem - EXCUSED
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of August 11, 2004, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 10, 2004, as follows: 1)Violation Hearings; and hearings conducted on August 11,
2004: 1)USR #1476,Troy and Judy Hefner;2)COZ#1032, UIV Land, LLC,c/o Nolan Ulmer;and 3) USR
#1478, Jose and Josefina Aguirre, c/o Winters, Hellerich and Hughes, P.C.; and Certification of Board of
Equalization Hearings conducted on August 5, 2004. Commissioner Geile 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 Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2004-2444
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $240,061.84
Electronic Transfers -All Funds $3,085.64
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN-MARION
AND MADALINE JOHNSON: Frank Hempen, Jr., Director of Public Works, stated this easement is for
improvements to Weld County Road 47 and confirmed the cost for acquiring the easement is $500.00,
which will include fence removal and replacement. Commissioner Vaad moved to approve the easement.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN -GENE
AND DENISE CARLSON: Mr. Hempen stated this easement is also for work to be done to Weld County
Road 47 and the cost for acquiring the easement, which includes ditch grading and shaping, is $350.
Commissioner Long moved to approve said easement. Commissioner Vaad seconded the motion,which
carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN-HAROLD
AND PHYLLIS JOHNSON: Mr. Hempen stated this easement is also for work to be done to Weld County
Road 47, and includes fence removal and replacement and ditch grading. He stated the cost is $500.
Commissioner Geile moved to approve the easement. Commissioner Long seconded the motion,which
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002 AND 2003 (R4486686):
CATTLEMANS CHOICE LOOMIX PRODUCTION, LLC: Raelene Anderson,Assessor's Office,stated the
abatement is for personal property that was doubled assessed. Commissioner Long moved to approve
the abatement. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 (P0003553) -
CATTLEMANS CHOICE LOOMIX: Ms.Anderson stated the real estate and personal property appraisers
performed an audit on the business and found a duplication. She stated the warehouse equipment and
office building equipment will be removed and placed into two new accounts. Commissioner Geile moved
to approve the abatement. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR REPLACEMENT OF RIGHT-OF-WAY FOR POUDRE RIVER TRAIL AND
AUTHORIZE CHAIR TO SIGN-TOWN OF WINDSOR AND STANLEYAND SARA EVERITT: Bruce Barker,
County Attorney, reviewed the location of the trail and the properties involved in the current agreement.
Commissioner Vaad moved to approve the agreement. Commissioner Long seconded the motion,which
carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR ST. VRAIN LEGACY TRAIL SYSTEM AND
AUTHORIZE CHAIR TO SIGN - TOWN OF FREDERICK, TOWN OF FIRESTONE AND CITY OF
DACONO: Mr. Warden requested a continuance until August 23, 2004. Commissioner Long moved to
continue the agreement. Commissioner Geile seconded the motion, which carried unanimously.
Minutes, August 16, 2004 2004-2444
Page 2 BC0016
PLANNING:
CONSIDER MINOR RESUBDIVISION, RS #1063, FOR VACATION OF A PORTION OF "B" STREET
WITHIN THE JOHNSON SUBDIVISION-BECKLE, LLC/MARTIN/GILCREST/RABEN/LARSON/HOLMAN/
SMITH/MCGURK/WEAVER: Chair Masden asked the applicants if they wished to continue the matter
because there was not a full board present. Michelle Martin, Department of Planning Services, stated all
applicants are adjacent property owners to"B"Street and those present request a decision from the Board
today. Ms. Martin identified the location of the requested vacation. She stated eleven referral agencies
have reviewed the case; seven responded favorably or included conditions that have been addressed
through development standards and conditions of approval; and no comments were received from the
Colorado Division of Wildlife or the Sheriffs Office. Ms. Martin stated the City of Greeley and Department
of Public Works recommended denial of the application. She reviewed the history of the current partial
vacation of"B" Street and West First Street, and stated the request is for the vacation of the remaining
stretch of"B"Street. Responding to Commissioner Geile, Ms. Martin recommended denial because the
road has been used as a public right-of-way for more than 21 years and the adjacent lots would no longer
have access to a public right-of-way. She added the partial vacation in 1996 allowed access to the lots.
Mr. Barker stated access may be granted through a reciprocal easement agreement; however, a better
alternative would be to vacate only the part closest to the eastern edge of the subdivision. Don Carroll,
Department of Public Works stated if there is a vacation of"B" Street, staffs concern is public access to
the parcels. Responding to Chair Masden, Mr. Carroll confirmed that the County currently does all the
maintenance on the street. Mr. Barker explained that if the street is vacated, the County would not be
responsible for maintenance;and the reciprocal easement agreement would address the maintenance of
the property by the property owners.
Gene Brantner, property owner and representative for the applicants, stated that 100 percent of adjacent
property owners have signed a petition to vacate the street. Mr. Brantner reviewed the decision of the
Board of County Commissioners at a meeting on March 4, 1996,and stated that the present application is
a continuance of that process. He explained vacation of"B"Street is consistent with the Comprehensive
Plan and desires of the neighborhood, which includes the entire Johnson Subdivision; the vacation will
maintain the integrity of the Johnson Subdivision; and it is consistent with Section 24-7-60 of the Weld
County Code. He stated all appropriate easements have been reserved on the original plat and will be
privately maintained to provide access to all lots adjacent to "B" Street and 40th Avenue. Mr. Brantner
further explained that the City is forcibly annexing the subdivision. He emphasized that"B" Street is an
asphalt pad and is not designed for heavy traffic. Mr. Brantner read responses that were received from the
City of Greeley, Planning Commission, Department of Planning Services, and Union Colony Fire Rescue
Authority. Mr. Brantner summarized that the residents of"B"Street enjoy living in the County; they enjoy
their clean, safe neighborhood; and there are limited traffic problems, no crime and no hassles from the
County. He stated if"B"Street is opened up,traffic will increase, paved roads will be damaged, crime will
increase, property values will be lowered, and noise and pollution will be created.
Greg Thompson, Planning Manager,City of Greeley,stated the property in question has been surrounded
by the City for more than three years and State law permits the City to annex the area. Mr. Thompson
stated the subdivision approved east of the site has been preliminarily platted and is being reviewed by the
City. He confirmed the site will be multi-family, some single family and commercial. He added the
preliminary subdivision specifically states that no vehicular access to "B" Street would be permitted;
however, but the utility easement would be appropriate to retain as the City has water lines that run through
the area. He also recalled the cooperation that occurred between the City and Weld County when the
Johnson subdivision was approved. Mr. Thompson stated the City has not reviewed Mr. Brantner's
suggested amendment to the vacation; but the City,as of August 17,2004,will be the legal authority for the
subdivision and he recommends denial of the vacation request. Responding to Commissioner Long, Mr.
Thompson stated the water line goes under"B"Street. Responding to Commissioner Vaad,Mr.Thompson
stated the City recommends denial of the vacation; however, if the Board chooses to vacate, the City
Minutes, August 16, 2004 2004-2444
Page 3 BC0016
requests access to the water lines and access for bicycle and pedestrian traffic between neighborhoods.
Responding to Commissioner Masden, Mr.Thompson stated some of the properties on"B"Street are on
City sewer; however, the majority are on septic systems. He has had conversations with some property
owners expressing their desire to connect to City sewer. He stated although there are some property
owners interested in the annexation,the majority are against annexation. Commissioner Geile summarized
that at least 50 percent of the residents are opposed to the annexation;a subdivision exists that has been
in the County since 1964;and a development to the east approved in 1976 carried a condition that barriers
were to be erected to ensure the integrity of "B" Street. He explained that the Board of County
Commissioners need to ensure that the interests of the property owners are maintained. Mr.Thompson
reiterated that when the preliminary subdivision was approved,the Greeley Planning Commission specified
that no vehicular access be provided to"B"Street. Mr. Brantner stated "B" Street property owners have
been to the Utility Board and have a sign-off on all the utilities,and a letter dated July 27,2004 from Michael
Whitney, Planner for City of Greeley,indicating that there are no assurances that the City would not pursue
opening"B"Street at some future date. Mr.Carroll noted for the record that letter,dated July 19,2004,from
the fire department opposes the vacation.
Responding to Commissioner Geile, Mr. Barker stated that if the entire stretch of"B"Street were vacated,
there would be a need for a reciprocal easement agreement between the owners of adjoining properties
for the purpose of allowing each other to have access to their properties. He stated a second option would
be to vacate only between Lots 15 and 16 of the Johnson First Addition Subdivision,which are the two lots
at the east end. He added that the distance should be approximately 100 feet,although it would be safe to
reduce the length to 50 or 65 feet. He added that Colorado law requires a vacation to include everything.
He continued the statute does not authorize a partial vacation, meaning vehicular traffic, and there is no
mechanism in the vacation statute to allow that. He added that a vacation includes everything except
reserved easements or existing utilities. Commissioner Geile stated the subdivision has been in existence
since 1964 and it includes animal uses that fall within the County Code. He continued that in1976, Bestway
Paving was required to put the barriers up on"B"Street to ensure the integrity of the subdivision to ensure
the health, safety and welfare of pedestrians and their domesticated animals. He further explained that
opening the street to traffic could cause significant issues with people in the area,and that even though the
City has made comments that the street will only be limited to pedestrian traffic,future City Councils could
open the street to traffic. Commissioner Geile stated he favors a reciprocal easement agreement which
will maintain the interest of private and public entities. Commissioner Vaad questioned whether the Board's
decision would have any effect if the City exercises its right to Eminent Domain. He suggested an
amendment to require the reciprocal agreement. Commissioner Geile responded that the agreement would
give a bargaining chip to the residents for negotiations with the City to ensure that the integrity is maintained.
He stated he is in support of the full vacation including a condition of approval requiring the reciprocal
easement agreement. Mr. Barker suggested language be added to Condition of Approval 1.E which allows
access for fire trucks. He also suggested Condition of Approval G.5 be amended to state, "The vacation
shall not apply to or be effective against rights-of-way or easements which are reserved for continued use
of existing sewer, gas, water or similar pipelines and apertenances." He explained the definition of
"apertenances" in this application would be electrical, communications lines, and some cable.
Commissioner Long stated that the integrity of the subdivision is an important consideration. Chair Masden
stated to have this street annexed into the City would change the original intent of the neighborhood and the
way the subdivision has structured itself. He also is in favor of approving the application and granting the
easements. Commissioner Geile asked for confirmation that the applicants and the City have a clear
understanding of the Board's position. Mr.Thompson confirmed that if the subdivision is annexed into the
City,the animal units will be continued if lawfully established. He also emphasized that, if easements are
going to be retained,future utilities may be added as necessary. Mr. Brantner recognized that there could
be problems with closing the entire street,such as costs of maintenance and the water line stopping at the
driveways, and he recommended vacating only the last 100 feet from the east property boundary.
Responding to Chair Masden, Mr. Brantner stated the property owners would be agreeable to 50 or 65 feet
Minutes, August 16, 2004 2004-2444
Page 4 BC0016
from the driveway to the east boundary. Mr. Barker clarified that if the reciprocal easement requirement
is removed, there are additional Conditions of Approval that need to be included from the Department of
Planning Services.
Commissioner Geile moved to approve the minor subdivision vacating only 80 feet from the eastern
boundary, with revisions to Conditions of Approval I.E and G.5, as previously discussed. Seconded by
Commissioner Long 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 10:35 a.m.
BOARD OF COUNTY COMMISSIONERS
1/1:1\D((COUNTY, COLORADO
ATTEST: ��,///��/� iff Kit or.
� ��v °"` ( Robert D. Masden, Chair
4C1,0p, : lerk to the Board
fir T ¢ EXCUSED
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BY William H Jerke, Pro-Tem
BYc /
Deputy Clefk to the Board
M. J. le bb
David E. Long
Glenn Vaad
Minutes, August 16, 2004 2004-2444
Page 5 BC0016
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