HomeMy WebLinkAbout20142225.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 23, 2014
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
Administration Building, Greeley, Colorado, July 23, 2014, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of Jul 21, 2014, as printed. Commissioner Garcia seconded the motion, and
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it carried unanimously.
Fl AMENDMENTS TO AGENDA: Commissioner Garcia moved to add two items as #2 and #3
under New Business: 2) Consider Amendment to Professional Service Agreement and authorize Chair
to sign — Mountain Shadows Carriages/ Darrin Henry, and 3) Consider Change Order#1 to Agreement
for Construction Services on Bridges 3/42A, 13/446, 27.5/48A, 17/50A, 54/13A Flood Repairs (Bid
#61400084) — Walsh Construction. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: Phil Lukens and his wife, County residents, said that the basement of his
residence on CR 124 was flooded and filled with water, which cost them thousands of dollars. He said
they don't want to go to Court, but feel the County is at least partly responsible because the ditch was
not adequately maintained, which caused the water to flow down the road. They asserted this has
been a recurring issue since 2010, and should have been addressed. In response to Chair
Rademacher, Mr. Lukens confirmed he is considering legal action. The Chair advised them the Board
cannot comment on a pending legal dispute, but they could discuss the matter further with the County
Attorney.
� Minutes, July 23, 2014 2014-2225
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F COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer want to Durango for
the Energy and Mineral Impact hearings where she gave a presentation regarding Weld County's road
and bridge projects; funding will be determined in 2-3 weeks. IR Commissioner Freeman stated the
Weld County Fair begins today and the public should come and see all of the fun activities.
BIDS:
F 1) APPROVE BID #61400126, PECKHAM GRADER SHED/STEEL FRAMED - DEPARTMENT
OF BUILDINGS AND GROUNDS: Rose Everett, Purchasing Department, said staff recommends the
low bid from Clark Enterprises, in the amount $150,255.00. Commissioner Freeman moved to approve
said bid award as recommended by staff. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
F 2) PRESENT AND APPROVE EMERGENCY BID #B1400119, CR22/49 INTERSECTION
IMPROVEMENTS - DEPARTMENT OF PUBLIC WORKS: Ms. Everett stated staff recommends
approval of the low bidder, Interstate Highway Construction, in the amount of$5,998,294.53. Cameron
Parrott, Department of Public Works, stated the reason for an emergency bid is that construction needs
to commence as soon as possible to meet the grant funding deadline. Commissioner Kirkmeyer moved
to waive the ten-day waiting period and approve said bid on an emergency basis as recommended by
staff. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
F 1) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR JUNE, 2014, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Veteran's Officer,
presented the report from June for reimbursement and recommended approval. Commissioner
Freeman moved to approve said report and certification of pay, and authorize the Chair to sign.
Commissioner Kirkmeyer seconded the motion and it carried unanimously.
F 2) CONSIDER AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - MOUNTAIN SHADOWS CARRIAGES/ DARRIN HENRY: Brad Yatabe, Assistant
County Attorney, explained the vendor's horses are unfortunately under quarantine; therefore,
Mr. Henry proposed providing tractor hayrides at the fair for a lower price, and he recommends
approval. Commissioner Garcia moved to approve said amendment and authorize the Chair to sign.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
F 3) CONSIDER CHANGE ORDER #1 TO AGREEMENT FOR CONSTRUCTION SERVICES ON
BRIDGES 3/42A, 13/44B, 27.5/48A, 17/50A, 54/13A FLOOD REPAIRS (BID #B1400084) - WALSH
CONSTRUCTION: Richard White, Department of Public Works, explained this change will save the
County $64,000.00 in design fees, and is due to two of the sites requiring fewer permanent repairs than
anticipated. Commissioner Freeman moved to approve said change order and authorize the Chair to
sign. The motion was seconded by Commissioner Garcia, and it carried unanimously.
F 4) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE GRANT AGREEMENT FOR
CR 390 IMPROVEMENT PROJECT (TIER I) AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford,
Department of Public Works, explained this is for an $800,000 road improvement project and is for the
maximum amount of $200,000. Staff has assisted the Town of Grover with an application for Tier 1
funds as well, and those will tie into this project via an intergovernmental agreement for their portion.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Freeman, the motion carried unanimously.
Minutes, July 23, 2014 2014-2225
Page 2 BC0016
5) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR CRS 49 AND 18.5 AND
AUTHORIZE CHAIR TO SIGN - ANDADARKO PETROLEUM CORPORATION: Leon Sievers,
Department of Public Works, explained this is part of the Weld County Parkway project; as part of
USR14-0033, Anadarko was asked to convey right-of-way, at no cost to the County, along CRs 49 and
18.5. In response to Commissioner Kirkmeyer, Mr. Sievers stated CR 49 will be 140 feet of right-of-
way and CR 18.5 will be 60 (formerly 40), and confirmed the County has historically maintained these
roads. Commissioner Garcia moved to accept said deed of dedication and authorize the Chair to sign.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
.El 6) CONSIDER PETITION TO VACATE A PORTION OF CR 21 BETWEEN CRS 98 AND 100 -
JIM BARNES: Mr. Yatabe gave a brief explanation of the impetus for this petition. Mr. Barnes is in a
dispute over road improvements on CR 21 impacting his property. He alleges that a gate with a chain
and a no-trespassing sign, an arch, and a culvert were improperly placed on his property by his
neighbor to the south, Tyler Gesick. Both parties have a non-exclusive license agreement with the
County for access on this unmaintained road. Mr. Yatabe said the County has received three
objections. Rich Hastings, Department of Public Works, said staff recommends denial of the petition,
described his inspection of the roads in question, and confirmed access on all the north/south roads.
He said that CR 21, like a typical farm access road, is not a straight line because of topography, so he
can't say with certainty that it stays within the right-of-way and CR 98 is not an actual roadway.
Commissioner Kirkmeyer asserted gates like this are not allowed in a County right-of-way.
lEi Jim Barnes explained his point of view and showed images of the structures listed above, which
he alleges are on his property illegally. He said the culvert pipes sat on his property for nine months
and that the road used to have grassy ground cover. He said that Mr. Gesick has been less than cordial
and he would like rules and regulations to be enforced. These structures are in view from his
residence, and a bridge is being constructed over the naturally occurring gully. People to drive around
the gate and into his field instead of opening the gate, as there is no fence on his side. Mr. Barnes
presented a number of photos of the site to the Board, entered into the record as Exhibit "D". Black
road-chip base was applied to a section of the road.
fii Tyler Gesick and April Lagutaris came forward. Ms. Lagutaris said they have maintained this
road for 14 years, and do so to keep their vehicles from getting damaged. She said the culverts are on
property leased from Powertek where they run cattle, and CR 21 is the only access point to their house.
She said going the other way would be two miles on dirt roads and when they bought the property it
was understood this was the access. Mr. Gesick said the gate is only shut if the road is impassable,
and reduces problems with poachers and trespassers, but it is not locked. He said they also have cows
to water at this corner. t Commissioner Kirkmeyer noted their property is not landlocked, and it
says in the agreement the right-of-way cannot be gated, so that is a problem. Mr. Gesick confirmed he
did not do a survey, but the road pre-existed his purchase of the land. Commissioner Kirkmeyer said
the structures will need to be removed; however, she is not inclined to vacate a right-of-way here and
cause issues with access to private property; the County's agreements specifically state gates are not
allowed, and that is because they cause problems between landowners. She suggested Mr. Gesick and
Ms. Lagutaris do a survey, and also get a formal agreement in place with Powertek. Mr. Gesick said he
needs the road for access to his house and the gate for his cows. Commissioner Kirkmeyer reiterated
this is still a public access, and the improvements will need to be removed.
Minutes, July 23, 2014 2014-2225
Page 3 BC0016
el Diana Varra stated she owns 40-foot wide equipment, and the 20-foot wide gate causes them to
have to drive around and tear up the pasture, but her main objection is that these structures are built on
someone else's property.
Richard Blubaugh, Vice President of Powertek, said he is seeking assurance of access to their
property. Commissioner Kirkmeyer responded that these are public roads open to everyone. Mr.
Hastings explained the right-of-way for Powertek, and said no permit would be required.
Mr. Yatabe suggested the legal description be altered to read: "between the northern edge of the
right-of-way for CR 98, extending to the southern edge of the right-of-way for CR 100, such right-of-way
consisting of 30 feet of non-maintained right-of-way along the entire east side of..."; as this more
accurately reflects what the request is. In addition, the third "whereas" clause should be stricken, as it is
incorrect. Commissioner Kirkmeyer moved to amend the resolution as stated. The motion was
seconded by Commissioner Garcia and it carried unanimously. e Commissioner Garcia concurred
with Commissioner Kirkmeyer in that he does not like to vacate rights-of-way. He does not feel the
petition is the best way to resolve the issues described. Commissioner Garcia moved to deny said
vacation of public road right-of-way. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
PLANNING:
IC 1) CONSIDER IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0033 - KERR-MCGEE
OIL AND GAS ONSHORE, LP: Mr. Hastings said Anadarko is the parent company of Kerr-McGee, and
the offsite improvements on CR 49 includes turn lanes and improvements on CR 18.5, which is also a
bus route. The Departments of Planning Services and Public Works request approval. Commissioner
Kirkmeyer moved to approve said agreement, accept collateral, and authorize the Chair to sign.
Commissioner Freeman seconded the motion and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, July 23, 2014 2014-2225
Page 4 BC0016
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 10:07 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: �,,,/ ` a�� ��y va s-/
�„�/�/ �CK Dougl Rademache , Chair
Weld County Clerk to the Board
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B bara Kirkmey r, Pro- em
BY:
D- • 3 y Clerk to the oard
P. Conway
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Minutes, July 23, 2014 2014-2225
Page 5 BC0016
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