HomeMy WebLinkAbout20040988.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 29, 2004
TAPE #2004-13
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, March 29, 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
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 24, 2004, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on March 24,2004,as follows: 1)A Site Specific Development Plan and Amended USR#1276-
Stromo, LLC, do John Moser and Tim Smith; 2) Amended COZ#613 - Cattail Creek Group, LLC, c/o
George DuBard;and 3)A Site Specific Development Plan and Minor Subdivision Final Plan, MF#1001 -Carl
Hill do Wesley and Julie Hill, Snowdance Development Company. Commissioner Jerke 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 Long moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
2004-0988
Oy4a/y BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $322,360.55
Electronic Transfers -All Funds $2,591,165.33
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PETITION TO VACATE A PORTION OF WCR 17 NORTH OF WCR 32 - SHERRY
REDMOND AND ELVERNA BURCHFIELD LIVING TRUST,C/O MCFEEDERS REALTY APPRAISAL AND
MANAGEMENT, LLC (CONTINUED FROM 03/08/04): Bruce Barker, County Attorney, referenced a
memorandum from the Department of Public Works,dated March 26, 2004. Keith Meyer, Department of
Public Works, reviewed said memorandum for the record and stated staff recommends requiring a right-of-
way swap without conditions for utility services,access or compensation,or denying this vacation request
and reconsidering the matter when the applicant files formal development plans. Don Jones, McFeeders
Realty,Appraisal and Management, LLC,represented the petitioners and stated there is a Little Thompson
Water District tap at the edge of the right-of-way. He stated if the petitioners forego the waterline extension,
it would not be difficult to relocate the existing line and meter 30 feet. Mr.Jones stated they are considering
development on this land and the property to the south; however, if they give up the 30-foot easement as
proposed by staff, there will be 60 feet on their side of the section line. He stated there is a considerable
slope in the land and the right-of-way swap will reduce their ability to access the property from the north.
He requested the County grant an access from Weld County Road 17,and reviewed the surrounding and
adjacent land uses. Responding to Commissioner Vaad, Mr. Meyer stated the existing right-of-way is
prescriptive based on the road location, it is not on the section line and does not follow the 30-foot section
line rule. He stated the access request would be more appropriate when submitting a development
proposal so staff can review a development plan and what the access will be used for. Mr.Jones reiterated
the right-of-way swap will result in 60 feet on the petitioners side of the centerline, and at this time a
development is only speculative. He stated staff's proposal could potentially result in a landlocked parcel.
Responding to Commissioner Vaad, Mr. Meyer stated the typical access width is 30 feet. In response to
Commissioner Vaad, Mr.Jones stated he has no concern with designating a general area where an access
may be granted. Frank Hempen,Jr., Director of Department of Public Works,stated this parcel will not be
landlocked because it does have frontage along Weld County Road 17, and the topography can be
accommodated with the 30-foot right-of-way swap. Commissioner Vaad commented it may be difficult to
create an appropriate access for two separate parcels due to the topography. Mr. Hempen confirmed there
are two tracts that will each need an access, and staff is willing to work with the property owners to
accommodate the access issue. Mr.Jones stated the access in relation to the site topography is his main
issue of concern if the additional 30 feet of right-of-way is taken for future use by the County. Mr. Barker
stated the right-of-way on the east side of the section line was established through the Resolution of 1889,
and the Board needs to determine whether that right-of-way has value to the County. He stated it has not
been used partly due to the terrain. Commissioner Jerke indicated it is still unclear whether the property
owner to the west was adequately notified,and he is not confident with the entire proposal. Commissioner
Vaad commented it is difficult to determine the value of the right-of-way to the County,and the property will
have access from Weld County Road 17. There are two recognized parcels which cannot be landlocked,
therefore, he feels it may be better to resolve the issue once a development proposal has been submitted
for review by the Board. Commissioner Geile moved to deny the petition of Sherry Redmond and Elverna
Burchfield Living Trust to vacate a portion of Weld County Road 17, north of Weld County Road 32. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
Minutes, March 29, 2004 2004-0988
Page 2 BC0016
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 51 AND TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE
CHAIR TO SIGN-JAMES AND CAROL REASONER: Mr. Hempen stated this agreement is necessary for
the acquisition of two-tenths of an acre as part of the improvements to Weld County Road 51. Mr. Hempen
stated the total cost will be $14,375 for the right-of-way, construction easement, redesign of a sprinkler
system, and removing approximately four acres of irrigated land as a result of sprinkler modifications.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE CRACK SEAL PROGRAM AND
AUTHORIZE CHAIR TO SIGN-TOWN OF EATON: Mr. Hempen stated the Department of Public Works
will be working around the Town of Eaton on Weld County Roads 76 and 39. He stated as a result of
various annexations, Eaton shares half of the maintenance responsibilities and the town is interested in a
joint maintenance program and paying for half of the work that is completed. He stated the total cost for the
Town of Eaton is$1,300. Responding to Commissioner Geile,Mr. Hempen stated Weld County will do the
work based on the terms of the contract. Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RECOMMENDATION OF APPOINTMENTS TO JUVENILE SERVICES PLANNING
COMMITTEE: Commissioner Geile moved to recommend Dan Fremont, Mike Savage, and Glenn Vaad
for appointment to the Juvenile Services Planning Committee. The motion, which was seconded by
Commissioner Long, 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 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ataill2a1� ?� EL � 4 c). AW2 -
® Robert D. Masden, Chair
Weld County Clerk to the ar. _ /1861 � ! 'l 1 ✓
X1O.:
William H. J ke, Pro-Tem BY:Deputy Clerk to the Boa'► UN
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M. ile
David Long
Glenn Vaad
Minutes, March 29, 2004 2004-0988
Page 3 BC0016
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