HomeMy WebLinkAbout20011372.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 23, 2001
TAPE #2001-23
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, May 23, 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 - EXCUSED
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 21, 2001, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
GREELEY INDEPENDENCE STAMPEDE DAYS - JUNE 22 - JULY 4, 2001: Chair Geile read the
certificate proclaiming June 22, through July 4, 2001, as Greeley Independence Stampede Days. Lynn
Cassidy and Joe Nally represented the 2001 Greeley Independence Stampede Committee and read a
proclamation into the record, which was presented to the Weld County Board of Commissioners.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2001-1372
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $369,923.50
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Pat Persichino, Director of General Services, stated there are no bids to present.
APPROVE OXYGEN, ACETYLENE, AND VARIOUS GASES BID - VARIOUS DEPARTMENTS: Mr.
Persichino recommended approval of the low bid from Kanox. He stated a specific amount is not listed
because it depends of the needs of the various departments that pick up the gases. Commissioner
Masden moved to approve said bid as recommended by staff. Commissioner Jerke seconded the motion,
which carried unanimously.
APPROVE COPIER BID - PRINTING AND SUPPLY DEPARTMENT: Mr. Persichino requested
consideration of this matter be continued for two weeks to allow additional time for field testing of the
equipment. Commissioner Masden moved to continue said bid to June 6,2001,as recommended by staff.
The motion, which was seconded by Commissioner Long, carried unanimously.
NEW BUSINESS:
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
CHRISTOPHER JOHNSON: Bruce Barker, County Attorney, stated this is a standard appointment for a
Deputy District Attorney. In response to Commissioner Jerke, Mr. Warden stated this is a replacement
position, which the Board has to approve in accordance with State law, and there is no change to the
budget. Commissioner Jerke moved to appoint Christopher Johnson as a Deputy District Attorney and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER COMMUNITY CORRECTIONS ALLOCATION LETTER #02-19 FOR FISCAL YEAR 2001-
2002 AND AUTHORIZE CHAIR TO SIGN: Jan Zuber, Community Corrections Board, stated the increase
allocation amount has not changed the bed count, and the increase is due to the increase in the perdiem.
She stated this is the third year of the contract with the Division of Community Corrections. In response
to Commissioner Jerke, Ms. Zuber stated the increase is dictated by the State. Commissioner Jerke
moved to approve said allocation letter and authorize the Chair to sign. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 68 BETWEEN WCRS 61.5 AND 63: Frank
Hempen,Jr., Director of Public Works,stated staff will be replacing a bridge,which will take approximately
30 days. He stated the new structure will be expanded to a 50-foot opening over Crow Creek, which is a
major watershed. Commissioner Jerke moved to approve said temporary road closure. Commissioner
Long seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 98 AND AUTHORIZE CHAIR TO SIGN - NORMAN DILL: Mr. Hempen stated this is
routine Nonexclusive License Agreement which will allow Norman Dill to utilize a portion of the section line
right-of-way for 1/2 mile west of Weld County Road 19, and staff has no concerns. Responding to
Commissioner Jerke, Mr. Hempen stated there is no existing road. He further stated there is no monitoring
as to the construction, maintenance, or upkeep of the road; it is the licensee's responsibility to determine
the location of the section line, and the roadway will still open for public use. No public testimony was
Minutes, May 23, 2001 2001-1372
Page 2 BC0016
offered concerning this matter. Commissioner Jerke moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 63 AND AUTHORIZE CHAIR TO SIGN - ROCKY AND SUSAN PETERSON: Mr.
Hempen stated Rocky and Susan Peterson have requested a license agreement on Weld County Road
63 from Weld County Road 74 to Weld County Road 76. He explained the Board previously denied the
request for vacation of the one-half mile portion of Weld County Road 63, north from Weld County Road
74. Mr. Hempen stated there is an existing access easement north from Weld County Road 74 at the
quarter-section line,which leads north for one-half mile,turns west for one-quarter mile, and then extends
north to Weld County Road 76. He further stated parcels 006, 007, 008 were created through a Recorded
Exemption process, and the recorded plat indicates the previously described easement to be used for
access. In response to Commissioner Jerke, Mr. Hempen clarified the private easement extending north
from Weld County Road 74 is on the quarter-section line, it is not maintained by the County, and it has
been in existence since March 1999. Don Carroll, Department of Public Works, gave a brief description
of the location of the roadway.
George Ottenhoff, attorney, represented Rocky and Susan Peterson and stated the Resolution of 1889,
dedicated section lines as public right-of-way. Mr. Ottenhoff stated the Petersons desire to make
improvements to road 63 which would then be used as an access to their property by the school bus and
emergency vehicles. He explained there is often confusion in locating the Peterson's home because their
address is on Weld County Road 63; however, it has no outlet on Weld County Road 74. Currently the
school bus picks the children up on roads 74 and 78, because the easement is too narrow and not well
maintained. Mr. Ottenhoff stated there are dirt mounds and trenches on the private easement, as well as
encroaching fence lines. He stated the Petersons have filed a legal action against Travis and Robin Miller,
and he reviewed their response, marked Exhibit C. Mr. Ottenhoff also referred to a letter from Steve and
Rhonda Armknecht, marked Exhibit A, and stated Weld County Road 63 has not been abandoned and
closed, it remains a public roadway, the easement is not County maintained, and opening Weld County
Road 63 will not create a traffic hazard for the residents.
In response to Commissioner Jerke and Chair Geile, Mr. Ottenhoff stated there are no improvements or
fences in the County right-of-way, and the Petersons purchased their property in March, 2000, at which
time the seller of the property indicated the private easement was to be used as an access. He stated they
were also informed that Weld County Road 63 could be opened as a County road in the future, and the
private easement was created four years ago. Mr. Ottenhoff further stated the Petersons would prefer
Weld County Road 63 be opened regardless of the outcome in court regarding the private easement,
because there have been too many problems with school bus pickups and emergency vehicles. In
response to Commissioner Jerke, Mr. Ottenhoff stated the other neighbors in the area may be facing the
same situation; however, he did not research their properties. He further stated most of the area was
previously owned by Edward Flores. Responding to Commissioner Long, Mr. Ottenhoff stated the school
buses will not use the private easement due to its poor maintenance and tight corners; however, opening
Weld County Road 63 would provide driveway pickups for the children. Responding to Chair Geile, Mr.
Ottenhoff stated the Warranty Deed did not address the access issue, and the disclosure was up to the
seller.
Dan Witham, surrounding property owner, stated he purchased his property four years ago from Mr.
Flores, and he was notified of the easement for access. Mr. Witham stated he assumed Weld County
Road 63 would be opened as the houses were completed and the community grew. He further stated
speed bumps have been placed in the private easement by Mr. Miller, which make the easement difficult
to travel. Mr. Witham stated he signed one petition in favor of vacating the right-of-way, and he has also
signed the petition in favor of the Petersons request, because either outcome is acceptable if it results in
Minutes, May 23, 2001 2001-1372
Page 3 BC0016
a sufficient and well-maintained access. He stated the Millers and Armknechts don't want the road opened
because it may result in more traffic and dust. Mr. Witham stated he purchased the land four years ago,
and he is now in the process of closing on his home. In response to Chair Geile, Mr. Witham stated his
bank lender expressed no concern regarding the access issue, and Mr. Flores presented the private
easement as the legal access. Flores presented that the easement was the legal access.
Susan Peterson, applicant, stated the right-of-way along Weld County Road 63 from Weld County Road
74 to 78 is wide enough for bus and emergency access; however, the easement is not. Ms. Peterson
reviewed the location of adjacent fence lines along the private easement, and added they have been
harassed by both the Millers and Armknechts. She explained her husband is allergic to bees, and it is
important that their property have easy access for emergency vehicles. Ms. Peterson stated she met a
school district representative who reviewed the private easement and stated the school buses would not
be allowed to use it due to the poor conditions. She further stated there was a community meeting
regarding this matter, which they were not invited to, and reiterated opening Weld County Road 63 would
benefit the community. Rocky Peterson, co-applicant, added they researched the access situation when
they purchased their home,and were also aware of the County right-of-way. He stated they have paid high
amounts for vehicle repairs for damage caused by the poor easement conditions, and added they may
pursue legal action against Mr. Flores in the future since he is responsible for the situation.
Tracy Kimsey, surrounding property owner, stated she is in the process of closing on her home, and they
travel on the private easement each day. She stated the obstructions in the road were placed by the
Millers,who are causing most of the problems. She further stated this is a good area to raise a family, and
although she does not like the conditions of the private easement, she would prefer Weld County Road
63 remain closed to preserve their rural lifestyle. Ms. Kimsey stated because this is a rural area,
emergency services will likely be by helicopter, and she questioned the cost that will be assessed to each
property owner for opening the new roadway.
Bru Till, surrounding property owner, indicated either the private easement needs to be improved and
maintained, or Weld County Road 63 needs to be opened as a County road. Mr. Till explained the section
line from Weld County Road 76 to road 78 was previously vacated and deeded back to the adjacent land
owners. He stated the local Fire Department has refused to use the easement due to the speed bumps,
and he added it appears any problems with the easement could be a liability for the Millers, and reiterated
this situation needs to be resolved.
Steve Armknecht, surrounding property owner, stated he purchased his property in 1996, at which time
the easement did not exist. He explained he built his home approximately one-quarter mile north of Weld
County Road 74 to avoid traffic and dust, and his northern fence line is not located in the easement. He
stated the easement was surveyed and recorded, and was found to be located on the 80-acre parcel to
the north. Mr.Armknecht stated the one-half mile portion of right-of-way is the only County owned right-of-
way left on the section line, and most of the neighbors agree that the easement should be improved and
maintained, with corrections made to the corners so the buses can turn. He clarified the Moore and
Peterson property fence lines will also need to be moved to accommodate a road, and he only owns 66
acres, not 80. Mr. Armknecht stated the Petersons were contacted to attend the community meeting;
however, they declined to attend, and he submitted photographs of the easement, marked Exhibit D.
Theresa Williams, surrounding property owner, stated she is not in favor of opening Weld County Road
63. She stated this opening will increase traffic and she would prefer to contribute to improving the existing
easement. Ms. Williams further stated she has planted 25 trees which would have to be relocated if the
roadway is opened.
Minutes, May 23, 2001 2001-1372
Page 4 BC0016
Walter Heinz represented his mother Clara Heinz, surrounding property owner. He stated his mother has
owned this property since 1967, and he currently uses the land to run cattle. Mr. Heinz stated the entire
perimeter is fenced; however, he expressed concern with liability issues if his animals get out.
Mr. Ottenhoff submitted photographs of the poor easement conditions, marked Exhibit E.
Rhonda Armknecht, surrounding property owner, stated the easement access was originally granted and
recorded for use by the Moodys who later divided and sold their land to the Petersons, Moores, and the
Zahourek Conservatory, LLC. She explained there are two separate easements which overlap beginning
at the northwest corner of her property and extending north to Weld County Road 76. Ms. Armknecht
submitted a letter of opposition, marked Exhibit F, and reviewed the proposed requirements for opening
Weld County Road 63. Responding to Chair Geile, Ms. Armknecht stated she understands this is part of
public record.
Brew Till stated he wants to ensure that which ever option is approved,that the outcome results in a decent
road.
Ms.Williams stated their residence has been serviced by both ambulance and flight for life, so that should
not be an issue of concern for this area.
Mr. Ottenhoff stated the cost for improvements will be the responsibility of the Petersons, the cost cannot
be enforced on other neighbors, nor will it be an expense to the County. He stated the Petersons are
requesting the Board acknowledge that the public right-of-way exists and grant them a means of using it
as an access.
Chair Geile stated this issue has resulted in a landowners dispute, and Mr. Flores has never attending any
of the meetings to address the creation of the easement. Chair Geile suggested the matter be continued
to allow staff additional time to research how building permits have been issued without a proper access,
how the land division was accomplished, and allow the community an additional opportunity to resolve the
issue.
Commissioner Jerke stated he does not anticipate there will be any further information presented that will
determine a different outcome, and he would like to make a determining decision today. Commissioner
Masden concurred, and stated there still needs to be further investigation into the history of development
in this area. Commissioner Long stated there are many unanswered questions and the additional time may
allow the neighbors to resolve the problem. In response to Commissioner Jerke, Mr. Barker clarified that
the Nonexclusive License Agreement does include a provision stating the cost for improvements and
maintenance will be the sole responsibility of the Petersons. Responding to Chair Geile, Mr. Ottenhoff
stated the Petersons are aware of the financial burden for the necessary improvements.
Commissioner Masden moved to continue consideration of said agreement for one week to May 30,2001,
at 9:00 a.m. The motion was seconded by Commissioner Jerke, and it 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, May 23, 2001 2001-1372
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: at,
LA M. J. Geile, Chair
Weld County Clerk to ' B.; d
. =` EXCUSED
'1861 Jl�'�,•�
i ��- 'f Glenn Vaad, Pro-Tern
BY:
Deputy Clerk to they-:r�.�lf
Willi.1Th Jerk
•.vi., . g
Robert D. Masden
Minutes, May 23, 2001 2001-1372
Page 6 BC0016
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