HomeMy WebLinkAbout20003281.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 27, 2000
TAPE #2000-40
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, December 27, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
READ ORDINANCES No. 84-X and No. 213-B BY TAPE: Commissioner Baxter moved to read
Ordinances No. 84-X and No. 213-B by tape. The motion, which was seconded by Commissioner Geile,
carried unanimously.
MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners
meeting of December 20, 2000, as printed. Commissioner Baxter seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on December 20, 2000, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1291, HS Gathering, LLC, and 2) A Site Specific Development Plan and Use by Special
Review Permit #1275, Ruben and Ruby Anchondo, do Robert L. Tibbals, Jr., Attorney at Law.
Commissioner Vaad seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
2000 INDIVIDUAL SAFETY AWARD - PATSY DREWER: Chair Kirkmeyer read the certificate into the
records, presenting Patsy Drewer, Transit System Administrator for Human Services, with the 2000
Individual Safety Award. Walt Speckman, Director of Human Services, presented Patsy with a pen set.
2000-3281
BC0016
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator reports given.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $355,259.74
Electronic Transfers -All Funds $2,092,064.61
Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CHANGE LETTER #1 TO MEMORANDUM OF UNDERSTANDING FOR ONE-STOP
CAREER CENTER FUNDS AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF
LOCAL AFFAIRS, OFFICE OF WORKFORCE DEVELOPMENT: Mr. Speckman stated this extends the
contract period of performance to October 31, 2001. Commissioner Geile moved to approve said Change
Letter and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER PETITION TO VACATE AN APPROXIMATELY ONE-HALF MILE PORTION OF WELD
COUNTY ROAD 63 NORTH FROM WELD COUNTY ROAD 74 SUBJECT TO DEDICATED AND
RECORDED EASEMENTS AND RIGHTS-OF-WAY: Lee Morrison,Assistant County Attorney,stated the
petitioners are present as well as other concerned parties from the neighborhood. He stated Weld County
Road 63 one-half mile north from Weld County Road 74 remains public right-of-way, and the petition
received is to vacate that portion; however, other parties in the neighborhood, including Rocky and Susan
Peterson, have asked that the portion of road be improved to county standards for access of the school
bus. Mr. Morrison stated he has written to the Mr. and Mrs. Peterson, that although it is not normal policy,
they may discuss the situation as part of the vacation request. He also explained that from a legal
standpoint, the County cannot vacate any right-of-way that will landlock the property, however, a driveway
or easement can provide the access, instead of a public road,therefore,this portion can legally be vacated
since the surrounding properties do have an easement. Responding to Commissioner Hall, Frank
Hempen, Jr., County Engineer, stated the road labeled"easement"was for access to the properties north
of where Weld County Road 76 would lie if it were in place. He stated the access easement, referred to
as Weld County Road 63.5 goes north from Weld County Road 74 approximately one-half mile then goes
west approximately one-fourth mile and connects back into Weld County Road 63 north of the half-mile
line. Responding to Commissioner Baxter, Mr. Morrison stated it appears when Mr. Flores created lots
in 1998, he created the easement by grant, then subsequently sold the lots, relying on that easement as
the access, and the easement is tied to the property. Mr. Morrison explained this was done because Mr.
Flores did not have to meet minimum county road standards on the easement, and the petitioners, Steve
and Rhonda Armknecht, Bret and Theresa Williams and Clara Heinze, all purchased property and built
homes without realizing a county road could be built there, since the easement was built specifically for
access to the properties on the north. Mr. Morrison stated all the people whose properties are adjacent
to this stretch of road want the road vacated; however, some of the people to the north want it opened as
a county road. Mr. Morrison stated that, in the five-mile stretch between 392 to Weld County Road 78,the
only portion that remains public access is this one-half mile portion; therefore, it seems senseless to have
a one-half mile right-of-way in the middle of a 5-mile stretch for a road. Mr. Morrison reiterated everything
else is vacated, and there are still parcels to the north for sale; however,since the parcels were purchased
with easement access, the petitioners want to stay with that. Responding to Chair Kirkmeyer, and
Commissioner Hall,Steve Armknecht,petitioner,stated he has lived there approximately one and one-half
Minutes, December 27, 2000 2000-3281
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years, the property was purchased in 1996, and the access road Mr. Flores built is east and north of his
property. Mr. Armknecht stated the access road runs on numerous properties and, since it is a private
access driveway, it could be upgraded by those property owners. Responding to Commissioners Hall and
Baxter, Mr. Armknecht stated the road goes along the section line approximately one-half mile and that
Weld County Road 63 in this area did not exist until the developer put it in, and it is a dirt road which is not
graded. Mr. Armknecht also stated the right-of-way north of 78 has been vacated, which is also part of
the easement Mr. Flores created.
Susan Peterson, property owner, stated the school bus will not come down this easement until it is
upgraded and deeded over for a public road; although the property owners to the east will not deed it over.
Her husband, Rocky Peterson, stated there are still nine parcels for sale in the area above the Section line
to Weld County Road 78, and that another problem is emergency access. Mr. Peterson stated he did
research to see if the easement was there, and asked about putting the road through; and he indicated
there is a problem with personal property rights when they are required to upgrade the easement.
Responding to questions from the Board, Ms. Peterson stated they want Weld County Road 63 open from
Weld County Roads 74 to 78, and the school bus is now stopping at Weld County Road 74. Responding
to Chair Kirkmeyer and Commissioner Geile, Mr. Peterson stated they were aware of the easement when
they purchased the property in March; however, they were also aware of the right-of-way, and the realtor
guaranteed the access was there. Ms. Peterson stated they did not know the school bus would not come
down their road until school started. Commissioner Geile explained if the property owners feel they were
misrepresented by attorney,landowner,or realtor,they could file a complaint with the Colorado Real Estate
Commission, and stated the County is being asked to fix a problem the developer has gotten them into.
Mr. Peterson stated everyone assumed Weld County Road 63 would be put through. Chair Kirkmeyer
stated, according to Weld county Ordinance #180, the County does not upgrade roads, it would be the
responsibility of the owners to upgrade, and there is no guarantee the County will accept the road once
it has been improved. She also stated in the instance of a local improvement district, 51 percent of the
property owners would have to agree to the district, and there is still no guarantee the County will accept
the road for maintenance. Responding to Chair Kirkmeyer, Mr. Morrison stated the access easement,
created by approval of a three-lot recorded exemption, is 40 feet wide, and those using the access are the
ones responsible for maintaining it, it is not the responsibility of the property owner. Mr. Morrison further
stated the RE#2341, requested by J. Gayle Moody, clearly stated no County-maintained road exists, and
the easement shall be maintained by the owner and future owners. Responding to Commissioner Baxter,
Mr. Morrison stated that, even if the easement is on private property, individuals may come onto the
property to maintain the easement, since they do have the responsibility and requirement to maintain the
easement. Any gates or other items inconsistent with the use of the easement cannot be placed by the
property owner, since he does not have the right to stop the use of the easement. Mr. Morrison stated it
may require court action to setting this situation if Mr. Miller does not agree to the right of the users of the
easement,and he reiterated there is a property right that goes with an easement. Mr. Peterson requested
that due to the location and safety of the nine homes above this portion of road, the Board not vacate the
right-of-way. Ms. Peterson stated opening the right-of-way to Weld County Road 63 would be the simplest
remedy;however,Commissioner Vaad stated that,although not optimum,the property was purchased with
only the easement, and the Board is limited in what they can do. Ms. Peterson stated they are requesting
the Board not vacate, so if the County does not open the road, the homeowners can.
Wilbur Heinze, mother of Clara Heinze, Petitioner, stated his grandparents and parents have owned this
property for many, many years, and the road has never been anything but a cow trail, used to get to the
north pasture. Mr. Heinze stated one concern is that the easement is on a flat plain; however, the Weld
County Road 63 right-of-way has a large hill; there have not been problems, although, now with more
people living in the area, there are more traffic problems; the more roads opened up allows more access
to private properties,for theft and other safety concerns; the other property owners do have an easement,
and that is how they bought their property.
Minutes, December 27, 2000 2000-3281
Page 3 BC0016
Bret Williams, Petitioner, stated they were told Weld County Road 63 was abandoned and they would not
have to worry about it being opened; the developer was building an easement to access the property
owners to the north. Mr. Williams stated it would be a problem for farm animals, and they would like it
vacated. Responding to Commissioner Geile, Mr.Williams stated Mark Flores told him he would not have
to worry about tje road being opened because of the easement.
Dan Withum opposed the vacation and stated when he purchased the property, he was hoping Weld
County Road 63 would be opened,and it was a general assumption it would be when the number of homes
justified its opening. He stated it was too bad Mr. Flores was allowed to cut up all this property and leave
such a poor access to it; the process should require decent road. Chair Kirkmeyer stated the developer
had to put in a 40-foot easement, it was the property owners responsibility to see it was developed
properly. Rich Kemsey,also in opposition to the vacation,stated he is currently building his home and was
under the assumption the road would go through. He stated his concern is with kids having to walk
1.1 miles to the school bus stop, and other safety concerns. Commissioner Geile reiterated if anyone feels
they were misrepresented, they have other avenues to pursue.
Travis Miller, owner of the property which the easement traverses, asked if there is any way to consider
a turnabout at Weld County Road 76, and explained he installed speed bumps to slow down traffic at the
top and bottom of the hill. Responding to Commissioner Vaad, Mr. Miller stated he purchased his property
in 1997 from Mark Flores, who creased the easement on owned property, then sold the property with the
easement on it to Mr. Miller. Chair Kirkmeyer closed the public hearing.
Commissioner Hall stated this only emphasizes his reasons for opposing prior RE's without public access,
and it has created one major mess, which someone will have to work out. He stated the vacation of the
public right-of-way is not the solution, although existence of right-of-way does not mean the road will be
put in; however, the vacation may remove one option. Therefore, Commissioner Hall moved to deny the
request for vacation. Commissioner Vaad seconded the motion, stating the vacation is premature.
Commissioner Baxter stated he is not sure what should be done at this time; however, the right-of-way
should be left until the situation is resolved. Commissioner Geile concurred, and reiterated if anyone feels
there was a lack of representation or misrepresentation, there are other avenues to pursue, among them
the Colorado Real Estate Commission. The motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 59, ACCEPT DEED OF DEDICATION AND AUTHORIZE CHAIR TO SIGN -
BARBARA MCMILLAN, PAUL SWANK AND ALEX SWANK: Mr. Hempen stated this is the final right-of-
way purchase required to complete the Weld County Road 59 project. Commissioner Baxter moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER PROPOSAL FOR SUPPLEMENTAL SERVICES FOR WELD COUNTY ROADWAY
CLASSIFICATION PLAN-FELSBURG, HOLT AND ULLEVIG: Mr.Warden stated with the Government
of Accounting Statement Board's (GASB) Statement 34, the value of infrastructure has to be included in
the Comprehensive Financial Report next year. He stated staff has met with the auditors and the most
economical way to include the infrastructure is to do a Change Order of $19,000 to the Roadway
Classification Plan. In this manner, the value on roads and bridges would be acceptable with GASB
requirements, and the 2001 CAFR would be in compliance several years ahead of other counties. Mr.
Warden stated he and Mr. Hempen met with Felsburg, Holt and Ullevig, and the auditors, who all agree
this is the most economical and feasible way to accomplish the task. He also stated the funds are included
in the budget. Commissioner Vaad moved to approve said proposal and authorize the Chair to sign said
agreement. Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, December 27, 2000 2000-3281
Page 4 BC0016
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 17 BETWEEN WELD COUNTY
ROADS 22 AND 24: Commissioner Hall moved to approve said closure. The motion,which was seconded
by Commissioner Geile, carried unanimously.
CONSIDER CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY
HEALTH DEPARTMENT: Mr.Warden stated this is similar to the Ambulance accounts recently canceled,
and is for the year 2000. Commissioner Geile moved to approve said cancellation. The motion,which was
seconded by Commissioner Baxter, carried unanimously.
CONSIDER ACCESS MANAGEMENT AGREEMENT FOR TWO RIVERS PARKWAY AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker said he is working on the agreement, and the City of Evans, City of Greeley,
and Town of Milliken are all in the process of approving it. Commissioner Vaad moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER CORRECTED QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - MARK HILL: Mr.
Barker stated in1995 a quit claim deed was approved; however, there were two errors in the legal
description. This is to correct the reference to a wrong date and a reference to the grantor. Commissioner
Hall moved to approve said corrected Quit Claim Deed and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER TWO QUIT CLAIM DEEDS AND AUTHORIZE CHAIR TO SIGN - WELD LIBRARY
DISTRICT: Mr. Barker stated these Quit Claim Deeds are to transfer ownership to the Weld Library District
for the Carbon Valley and Centennial branches. Commissioner Baxter moved to approve said deeds and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER REAPPOINTMENT TO GREELEY/WELD COUNTY AIRPORT AUTHORITY BOARD:
Commissioner Hall moved to appoint Bruce Stradley, with a term to expire December 31, 2004. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER REAPPOINTMENT TO ECONOMIC DEVELOPMENT ACTION PARTNERSHIP BOARD:
Commissioner Geile moved to appoint Tom Schemp with a term to expire December 31, 2003. The
motion, which was seconded by Commissioner Baxter, carried unanimously.
CONSIDER APPOINTMENT TO WELD-LARIMER LOAN REVIEW COMMITTEE: Commissioner Vaad
moved to appoint Thomas Baur,with his term to expire December 31, 2003. Seconded by Commissioner
Baxter, the motion carried unanimously.
FINAL READING OF CODE ORDINANCE#2000-1, IN THE MATTER OF ADOPTING BY REFERENCE
AND ENACTING ACODE FOR THE COUNTY OF WELD: Commissioner Hall moved to read by title only.
Commissioner Geile seconded the motion, which carried unanimously. Mr. Barker read the title into the
record. Mr. Warden stated there are a few minor changes, mostly typographical and numerical changes,
and deletion of duplicated sections. There was no public testimony given. Commissioner Vaad moved
to approve said Code Ordinance#2000-1 on Final Reading. Seconded by Commissioner Geile,the motion
carried unanimously.
EMERGENCY ORDINANCE NO. 84-X, IN THE MATTER OF AMENDING ORDINANCE NO. 84-V, THE
SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY: Mr. Warden read the text of said
ordinance into the record. No public testimony was given. Mr. Warden stated the Ambulance fees were
approved under the assumption that the new rule applied; however, it has been deferred to at least April
1st. Therefore, the County needs to reverse the prior fees and adjust back to normal rates for 2001.
Minutes, December 27, 2000 2000-3281
Page 5 BC0016
Commissioner Baxter moved to approve Ordinance No. 84-X on an emergency basis. Seconded by
Commissioner Geile, the motion carried unanimously.
EMERGENCY ORDINANCE NO. 213-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION
FOR THE YEAR 2000: Mr. Warden read the text of the ordinance into the record. Mr. Warden stated this
is the second and final supplemental appropriation for the year 2000,and it has been published. He stated
it reflects the last half of 2000 insofar as grants received, and other items, such as capital items approved
by the Board. No public testimony was given. Commissioner Geile moved to approve Ordinance No. 213-
B on an emergency basis. Seconded by Commissioner Hall, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FROM CAMAS COLORADO, INC., TO PRE-ADVERTISE AMENDED USE BY
SPECIAL REVIEW PERMIT #877: Julie Chester, Department of Planning Services, recommended
approval of the request to pre-advertise Fourth Amended Use By Special Review Permit#877, and stated
January 31, 2001, is an appropriate time for the Board. Commissioner Geile moved to approve said
request and schedule the hearing for January 31, 2001, at 10:00 a.m. Commissioner Vaad seconded the
motion, which carried unanimously.
CONSIDER VACATION OF SPECIAL USE PERMIT#201 -JOHN JOHNSON: Ms. Chester stated the
location of this site is east of Eaton, and it was permitted for cattle, sheep, and hog operation. The request
to vacate is a Condition of Approval for USR #1282, which was approved by the Board on October 25,
2000. Commissioner Hall moved to approve the request to vacate Use by Special Review #201.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER VACATION OF SPECIAL USE PERMIT#450 -JOHN JOHNSON: Ms. Chester stated this
is the same property and the same situation as discussed in the previous item. Commissioner Baxter
moved to approve the request to vacate Use by Special Review#450. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER APPROVAL OF ASSIGNMENT AND ASSUMPTION OF IMPROVEMENTS AGREEMENT
AND SUBSTITUTION OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,S#562-
THE GENESSE COMPANY: Ms. Chester stated a request has been received from Genesse Company
for a substitution of collateral for Planned Unit Development Final Plan, S #562, due to a change of
ownership. She stated a new letter of credit has been received. Mr. Morrison stated a draft of the
assignment and assumption of improvements agreement was only received a few minutes ago; however,
it appears to be in good form. Commissioner Hall moved to approve the substitution of collateral and
assignment and assumption of improvements agreement. Seconded by Commissioner Geile, the motion
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Weld County Code Ordinance #2000-1 was approved on final reading. Ordinances 84-X and
and 213-B were approved on an emergency basis.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, December 27, 2000 2000-3281
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
421
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ci vy M. eile, Pro-Tem
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Minutes, December 27, 2000 2000-3281
Page 7 BC0016
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