HomeMy WebLinkAbout20011040 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 11, 2001
TAPE#2001-17
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, April 11, 2001, 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 Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. 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 April 9, 2001, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY COOPERATIVE EXTENSION SERVICE - MUTSU
OSAKI: Chair Geile read the certificate recognizing Mutsu Osaki for 24 years of service to Weld County.
Ms. Osaki stated she has appreciated her time at the Extension Office, and she is looking forward to her
time of retirement. Jim Smith, Director of Weld County Extension Service, presented her with a pin and
thanked her for her dedication.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2001-1040
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $189,939.01
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE WCR 24.5 DESIGN/CONSTRUCTION PROJECT BID - DEPARTMENT OF
PUBLIC WORKS: Pat Persichino, Director of General Services, stated the Department of Public Works
recommends approval of low bid from Range Engineering, Inc., on an emergency basis to expedite the
completion of the road leading to the Southwest Services Center. Commissioner Jerke stated he has
discussed this matter with the Department of Public Works which has indicated the building cannot be
occupied until the road is complete. Commissioner Vaad moved to approve said bid on an emergency
basis. Commissioner Jerke seconded the motion, which carried unanimously.
APPROVE REMODEL OF WEST ANNEX BUILDING BID-DEPARTMENT OF FINANCE: Pat Persichino,
Director of General Services, stated the Department of Finance recommends approval of the low bid from
Sun Construction and Design, in the amount of $158,000.00. In response to Commissioner Vaad, Mr.
Persichino gave a brief description of the location of the building. Commissioner Vaad moved to approve
said bid as recommended by staff. Commissioner Jerke seconded the motion,which carried unanimously.
APPROVE 2001 SEALCOAT PROJECT BID-DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated
the Department of Public Works recommends approval of the low bid from Flat Coat Asphalt for Alternate
#2, in the amount of $31,229.59. He further stated the unit prices are less than the low bid for 2000.
Commissioner Jerke moved to approve said bid as recommended by staff. Commissioner Vaad seconded
the motion, which carried unanimously.
APPROVE FUEL-DIESEL, UNLEADED,AND PROPANE BID-DEPARTMENT OF PUBLIC WORKS: Mr.
Persichino stated the Department of Public Works recommends approval of the low bid from Agland, Inc.
He explained that although Petroleum Traders was the low bidder for the unleaded fuel, the bid from
Agland, Inc.,was an all or nothing bid for every location and was the low bid on diesel fuel. Commissioner
Jerke moved to approve said bid as recommended by staff. Commissioner Long seconded the motion,
which carried unanimously.
NEW BUSINESS:
CONSIDER CHANGE ORDER #1 FOR SOUTHWEST WELD SERVICES CENTER AND AUTHORIZE
CHAIR TO SIGN - RUS-DEN CONSTRUCTION, INC.: Pat Persichino, Director of General Services,
stated this change order reflects a deduction in the amount of$15,086.00. Responding to Commissioner
Vaad, Mr. Persichino stated the architect, contractor and himself work out the value engineering, and
added the changes are not significant impacts to the aesthetics of the building. Commissioner Vaad
moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER CORRECT RESOLUTION #2000-3177, DATED DECEMBER 18, 2000, RE: APPROVE
TRANSFER AND EXCHANGE OF CABLE TV FRANCHISE FROM COMCAST COLORADO HOLDINGS,
LLC, TO AT&T CORP.: Cyndy Giauque, Assistant County Attorney, stated in December, the Board
approved a transfer from Comcast Colorado Holdings to AT&T. She explained the subsidiary was incorrect
and this Resolution will correct that matter. Commissioner Jerke disclosed that he does own a small share
Minutes, April 11, 2001 2001-1040
Page 2 BC0016
of AT&T stock; however, he does not feel that it is a conflict of interest. Commissioner Vaad moved to
approve said corrected Resolution. Commissioner Long seconded the motion,which carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 6 BETWEEN WELD
COUNTY ROADS 53 AND 55 - ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER: Frank
Hempen,Jr., Director of Public Works,stated the Rocky Mountain Wildlife Conservation Center owns land
on both sides of the Section line, and has provided verification from all of the adjacent property owners
indicating no opposition. Mr. Hempen stated staff has reviewed this petition and recommends approval
of the vacation. Responding to Commissioner Jerke, Mr. Hempen stated that although the right-of-way
exists,there is not a road. He added the area is low and swampy,it would take significant engineering and
several bridges to cross through the area, they would have to deal with environmental issues, and it is
unlikely that a roadway would be needed in the future for a connection. Responding to Commissioner
Vaad, Sheri Lockman, Department of Planning Services, stated the facility does house large game and
would like to expand the existing facility. Mr. Barker stated proper notification was sent, and this vacation
will not leave any of the adjacent properties without proper access. No public testimony was offered
concerning this matter. Mr. Barker explained the County holds road right-of-way on the south side of the
section line as indicated in the Resolution of 1889. Commissioner Vaad moved to approve the petition of
the Rocky Mountain Wildlife Conservation Center. The motion, which was seconded by Commissioner
Long, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 39 AND AUTHORIZE CHAIR TO SIGN - JACELYN WALTERS:
Chair Geile called up this and the following matter to be considered together. Mr. Barker explained this
matter was presented to the Board at a prior hearing, which was continued, and later withdrawn because
there was a pending agreement. He stated since that time an agreement has not been reached and Brian
and Jacelyn Walters are requesting a license agreement for the upgrade and maintenance of a 660-foot
portion of Weld County Road 39. Mr. Barker stated Dwaine and Charlotte Poland are requesting the
vacation of the same portion of road, which consists of 30 feet of right-of-way on the west side of the
Section line. Don Carroll, Department of Public Works, stated the portion of right-of-way in question
extends south from Weld County Road 22 and is being used to access the new residence owned by the
Walters. He explained the Department of Public Works requested Mr.Walters use the Section line access
to help reduce the number of accesses on Weld County Road 37. Responding to Commissioner Vaad,
Mr. Carroll indicated the locations of the various accesses which already exist.
Brian Walters, property owner, stated he owns 160 acres adjacent to property owned by the Polands. He
explained the Department of Planning Services indicated concern with granting any further accesses along
Weld County Road 22; however, they did propose use of the County right-of-way along the section line
for Weld County Road 39. Mr.Walters stated he proposed his plans to the adjacent property owners, and
all indicated approval of constructing a road on the section line. He later discovered that there is no public
right-of-way located east of the section line, so he proceeded to construct a 12-foot road west of the
section line, and did not remove any survey markers. Responding to Chair Geile, Mr. Walters indicated
the location of the Polands' home. He stated he purchased the property two years ago, and he indicated
the location of his residence which is complete. He explained the Polands' property was split off through
a Recorded Exemption, and he reviewed the prior ownership. He further stated the remainder of his
property is farm ground, and there are some swells that run through his property and heavy rains result
in flooding near the Poland property. In response to Chair Geile, Mr. Walters stated he has invested a lot
of money in the driveway and if the 660 feet are vacated, he would also like to request the Board vacate
the additional right-of-way along his eastern property boundary. He explained if this matter is denied, he
will have to get a new address assigned, as well as an approved access through the County at a different
location.
Minutes, April 11, 2001 2001-1040
Page 3 BC0016
Karen Radakovich, attorney, represented Dwaine Poland. In response to Ms. Radakovich, Mr. Hempen
stated the half section line is not a public right-of-way. Mr. Poland, petitioner for vacation of the right-of-
way, stated the area along the proposed access road has been flooded in the past, and added it poses
a safety hazard because the road is not property compacted. Mr. Poland suggested the access be located
to the west of his property, which is currently being used by Mr. Walters. He explained there are ponds
located on his property which were dug by the County to obtain materials for road work,and the sand taken
from the pits was pushed to the side creating a dike that has washed out during previous floods. He
further stated prior floods also caused damage to Weld County Road 22,and added it will take a significant
amount of engineering and money to construct a proper roadway. Mr. Poland stated there are only three
accesses leading south from Weld County Road 22 along this quarter mile, and there is no reason for the
addition of this road, which will result in a liability to his property. Mr. Poland explained that Mr. Walters
originally proposed to fill the pits in, in exchange for use of 15 feet on either side of the section line;
however, the property owners to the east would not allow use of their land, so he constructed a lane
entirely on the west side of the section line. He stated an agreement was drafted, but was not accepted,
and he feels this road was constructed illegally. Responding to Chair Geile, Mr. Poland indicated the
location of the ponds which he estimated to be approximately 150 feet from the Weld County Road 22.
Responding to Commissioner Long, Mr. Poland indicated the location of his access and stated the dike
will not support a loaded oil truck and there will be an accident.
Charlotte Poland expressed concern with Mr. Walters removing a fence post which served as a property
marker at the rear of their property and was referenced to in part of the legal description on their deed.
Mr. Poland displayed a video of the property, marked Exhibit A. Responding to Commissioner Jerke, Mr.
Poland stated the road is currently built up higher than what was shown in the video, and it is likely the
south end of the road will be under water if the area floods again. Responding to Commissioner Long, Mr.
Poland stated his primary concern is that the new road is raised so it contains the water and poses a safety
hazard if the road washes out. Ms. Radakovich requested the 660-foot portion of Weld County Road 39
be vacated because there is no need for a road at that location. She stated the property to the east is
exempt from the Resolution of 1889, and there is not enough land to construct a full county road. She
further stated the Walters already have a legal and historical access from Weld County Road 22 located
further to the west and this is not a burden on the traffic. Ms. Radakovich clarified that the new road poses
a safety hazard, it is not necessary for a subdivision, nor is it part of any other entity, and she questioned
the County's authority to grant a license agreement to a private citizen especially when an adjacent land
owner is opposed. She stated the Walters do have other options for access, and should have received
approval prior to constructing the road. Responding to Commissioner Vaad, Ms. Radakovich stated she
has no objection to the vacation of the right-of-way extending south along Mr. Walter's property. Don
Carroll reviewed the locations of the existing accesses leading south from Weld County Road 22.
Mr. Walters indicated the location of access on the west side of his property use by the oil company to
access a well head; however, it does not appear to be a legal access, and there is no culvert. He
explained there is a lot of blow sand which he initially agreed to remove from the fence line and move into
the pits to help fill them. Mr. Walters stated he spent three months building a 12-foot road with
approximately 200 tons of crushed concrete and asphalt,and added he did not commit to the length of time
it would take before he would move the blow sand from the fence line. He further stated the new road is
only 6 inches higher than the original dike, and the neighbors did not express concern until he was done
with the project. Mr. Walters stated they also discussed dedicating an additional 30 feet to the west side
of Poland property in exchange for agreement regarding the use of the 30 feet of right-of-way; however,
an agreement was not reached. He stated if the 660 feet of right-of-way is vacated, he would request the
vacation be delayed until he has been assigned a new address and granted a legal access. Responding
to Commissioner Long, Mr.Walters stated he used the oil road access while he was constructing the road,
and during the time Mr. Poland had fenced off access from the new road. He further stated the
Minutes, April 11, 2001 2001-1040
Page 4 BC0016
improvements to the road will reduce the likelihood of washing out during floods in the future, and it is
sufficient for heavy truck traffic. Responding to Chair Geile, Mr. Walters stated the ponds are still there
and he will help fill the holes using his equipment; however, he does not feel it is his responsibility to bear
the financial burden to purchase the large amount of dirt necessary to fill in the ponds.
Mr. Poland stated the new road is more than 12 feet wide, and a majority of the materials Mr. Walters
brought in were used to construct the portion that leads from the section line west to his house, not
improve the existing dike. He reiterated the road is not properly constructed, the other access is usable,
and added the Walters were driving across the property to the east until the property owner fenced it off.
Mr. Poland further stated an arrangement was made with the prior property owner for the County to use
the materials taken from the holes on his property in exchange for waiving taxes. There being no further
comments, Chair Geile closed public testimony.
Mr. Barker clarified the nonexclusive license agreement does not grant private use; however, it does allow
a private property owner to upgrade and maintain the right-of-way for general use. He further stated the
licensee is required to indemnify the County for any damages, and the County has right to do this based
on the nonexclusive nature of the agreement. Mr. Barker explained the vacation of any right-of-way
adjacent to Mr. Walter's property would need to be done as a separate item of business and give the
proper notification.
Commissioner Vaad moved to deny said agreement. Commissioner Jerke seconded the motion.
Commissioner Vaad clarified that Mr. Walters requested the right-of-way along the eastern boundary of
his property be vacated if this agreement were denied. Based on that request Commissioner Vaad
directed the Department of Public Works to work with Mr. Walters to establish a legal access from Weld
County Road 22 and assist in generating the proper paperwork for vacation of the remaining right-of-way.
Upon a call for the vote, the motion carried unanimously.
PETITION TO VACATION A 660-FOOT PORTION OF WELD COUNTY ROAD 39 BETWEEN WELD
COUNTY ROADS 20 AND 22 - DWAINE POLAND: Based on discussion in the proceeding matter,
Commissioner Vaad moved to accept the petition of Dwaine Poland for the vacation of Weld County
Road 39. Commissioner Jerke seconded the motion. Commissioner Vaad commented Brian and Jacelyn
Walters will still have a legally permitted access, and this will help to address the concerns of the Polands
regarding flooding. Commissioner Jerke stated he is in favor of the motion with the assurance from the
Department of Public Works that the Walters be granted an access and that the proper paperwork will be
filed for the vacation of right-of-way along their eastern property boundary. Mr. Hempen concurred and
stated he will research when and why the pits were dug on the Poland's property and provide a report to
the Board at a later date. Commissioner Long expressed concern with the vacation of the remaining right-
of-way along the Walters' property. Commissioner Jerke clarified there is only 30 feet owned by the
County and would not be able to construct a road without purchasing land from the Sarchets. Upon a call
for the vote, the motion carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT #699 - JACK OLOFSON: Sheri
Lockman, Department of Planning Services, stated staff approved Recorded Exemption #2979 for Jack
Olofson, which required he request the vacation of Use by Special Review Permit#699. Commissioner
Vaad moved to approve the request of Jack Olofson to vacate Use by Special Review Permit #699.
Commissioner Long seconded the motion, which carried unanimously.
Minutes, April 11, 2001 2001-1040
Page 5 BC0016
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 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: £ l%Y 1 ,�q` �� /f�7 -ate<I
Weld County Clerk to the Boa` ees$12.
CC�� �(J �/ `-I "~, Glenn Vaad, P —
BY: Gt 6 X/ ' 'a T �•
Deputy Clerk to the Board _s•
Wil ' H. Jerke
David E. Long
EXCUSED
Robert D. Masden
Minutes, April 11, 2001 2001-1040
Page 6 BC0016
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