HomeMy WebLinkAbout20082793.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 15, 2008
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, October 15, 2008, 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 William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of October 13, 2008, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Stewart Olive,Attorney,represented property owner Roger Kenney,and stated the Weld
County Department of Planning Services(DPS)issued a letter,dated April 11, 2007, to Magpie Operating,
Inc., do Ryan and James Warner, regarding the use of a Commercial water tap for oil and gas support
services,which indicated a Use by Special Review(USR) Permit was necessary for the use. He indicated
a USR application was submitted to the DPS, and was ultimately denied by the Board of County
Commissioners on January 16, 2008. (Clerk's Note: Mr. Olive is referring to USR #1617, for applicant
James Warner, which was denied by the Board on February 6, 2008.) He stated Mr. Warner provided a
letter to the DPS, dated May 6, 2008, which requested that the commercial water tap be allowed to be
utilized for off-site oil and gas operations for the internal operating purposes of Magpie Operating. He
indicated a violation hearing was set by the DPS for June 17, 2008, regarding the operations on the site;
however, on May 30, 2008, the DPS sent a letter to Mr. Warner, indicating staff had determined that since
Magpie Operating owned the water tap, the use was allowed as a Use by Right. He confirmed DPS staff
cancelled the violation hearing and closed the case, and recommended to Mr. Kenney that he attend a
regularly scheduled meeting of the Board of County Commissioners. Mr. Olive confirmed he provided a
letter to the Board, dated July 15, 2008, requesting that the Board review the matter, and the letter was
forwarded to the Planning Commission, for review. He stated a letter from the Director of the DPS, dated
October 1, 2008, indicated the use of the well is allowed since it is a Use by Right; however, the well is a
commercial well, utilized for off-site oil and gas operations. He referenced Section 23-3-20 of the Weld
2008-2793
BC0016
IJ- C 3-03
County Code, and indicated oil and gas support services are not allowed as a Use by Right in the
A (Agricultural) Zone District. He indicated if Mr. Warner were to sell the property to an oil and gas
company, such as Kerr-McGee Oil and Gas OnShore, LP, the company would not be allowed to utilize the
well for internal drilling. He further referenced Section 23-4-40 of the Weld County Code, indicating oil and
gas support services are allowed within the A(Agricultural)Zone District through an approved USR Permit;
however, the USR Permit for this site was denied by the Board. Mr. Olive requested that the
Commissioners pass a Resolution requiring the DPS to enforce the previous decision of the Board so that
the zoning restrictions on the property may be enforced, and declaring that oil and gas operations are not
allowed without an approved permit. He clarified a trial regarding the matter is scheduled for November 17,
2008, in Weld County District Court, for a request of injunctive relief. He indicated the tap is being utilized
by trucks at the site which fill up with water and then take the water off-site to various oil and gas support
facilities.
In response to Chair Jerke, Bruce Barker, County Attorney, clarified Weld County is not a party to the
upcoming court action, therefore, the County does not have a stake in the court action. He further stated
he is unsure of the exact allegations of the pleadings by Mr. Kenney; however, he suspects the allegations
are in regards to the use of the neighboring property presenting nuisance concerns, which is a different
issue than the issue of enforcement of the County Zoning Regulations. He indicated the enforcement of
the Regulations are not affected by the timing of the lawsuit, since there is not a connection between the
two issues. Chair Jerke indicated it seems to be appropriate to schedule a work session regarding the
matter,where other oil and gas companies may be invited to participate, in order to discuss any necessary
changes to the Weld County Code. He clarified Mr. Kenney has experienced on-going problems with the
neighbors, and he would like the issue to be brought to a head, and resolved. The Board concurred with
setting a work session regarding the matter within the next 30 days.
Mr. Olive clarified the pleadings include claims for relief for nuisance, trespassing, and two issues of
negligence, including negligence per se, which indicates the property owner is violating an ordinance or
statute, and Mr. Kenney is indicating that the property owner is acting negligently by violating the Weld
County Code. He indicated both affected parties have called upon DPS staff to appear as witnesses,
therefore, the County is involved with the court proceedings.
Mr. Kenney requested the Board enforce the previous decision, and the lawsuit will be dropped. He
clarified he is not seeking monetary compensation, he simply would like operations at the site to cease.
He indicated he has spent a large amount of money for noise, sound, and traffic studies, and he would
rather the matter did not have to go to trial; however, he has been backed into a corner, and an order by
the Court may be the only way to enforce the previous ruling by the Board. He clarified he is petitioning
the Board to enforce the previous ruling so that the trial does not have to move forward. Mr. Barker stated
the determination regarding the enforcement of the Weld County Code, in particular, the interpretation of
the Code by the Director of the DPS, is an issue which may be, and should be, appealed to the Board of
Adjustment. He clarified a thirty day period of time exists to file an appeal to the Board of Adjustment after
the determination is made by the Director of the DPS. He indicated a similar situation was considered
approximately fifteen years ago, regarding a hog farm and a surrounding property owner, and one of the
issues of the situation was determining whether the Ordinance was properly applied in regards to the
regulations to be upheld by the Department. He clarified the Weld County Code is set up for the purpose
of an appeal to the Board of Adjustment, and he confirmed Mr. Kenney may still file an appeal since it has
been less than 30 days since the Director of the DPS provided the response letter. Chair Jerke advised
Mr. Olive to consider the option of appealing to the Board of Adjustment before the trial date. Mr. Olive
stated by the time the appeal is filed and a response is given, the District Court trial will likely be over. In
response to Chair Jerke, Mr. Olive indicated he will make himself available for a work session regarding
the matter.
Minutes, October 15, 2008 2008-2793
Page 2 BC0016
CONSENT AGENDA: Commissioner Masden moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, ASSESSOR'S OFFICE - ROBERTA HAAS: Chair Jerke read the
certificate into the record, recognizing Roberta Haas for 30 years of service with the Assessor's Office.
Chris Woodruff, Weld County Assessor, stated he is proud to be the fifth County Assessor working with
Ms. Haas, and confirmed she has been a marvelous employee. He indicated the citizens of Weld County
have benefitted from Ms. Haas'dedication, as she has always given more than a day's worth of work, and
he confirmed he will never be able to replace an employee as valuable as Ms. Haas. Mr. Woodruff
expressed his appreciation to Ms. Haas for being such a wonderful teacher and mentor for other
employees within the Office, as well as for each elected Assessor, and he wished her the best in her
retirement endeavors.
Ms. Haas confirmed it has been a pleasure serving Weld County, and she has enjoyed her time of
employment within the Assessor's Office. She indicated she has enjoyed working with her peers, as well
as the elected Assessors, and she has met many wonderful friends while working at Weld County.
Commissioner Masden indicated it has been a positive experience to have an employee like Ms. Haas
working for Weld County, and stated she has been an example of dedication and hard work. He
expressed his appreciation to Ms. Haas for her dedication and effort. Commissioner Garcia stated he is
pleased to see so many co-workers in attendance of today's recognition, and he expressed his
appreciation to Ms. Haas for her valuable teaching within the Office. Commissioner Long expressed his
appreciation to Ms. Haas for her passion and dedication of working with citizens within Weld County, and
indicated she has exhibited thorough teaching and mentoring skills in her relations with her co-workers.
In response to Chair Jerke, Ms. Haas indicated she plans to enjoy her retirement and keep busy doing
other projects. Chair Jerke stated Weld County citizens have been well-served by employees with
commitment, such as Ms. Haas, and he expressed his appreciation for her dedication.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER THREE COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department
of Human Services,stated the agreements with the Department of Public Health and Environment(DHPE),
North Range Behavioral Health, and LifeBridge Christian Church, are on behalf of the Multidisciplinary
Youth Assessment Team(MYAT) Program, and she indicated additional agreements will be forthcoming.
She stated each contractor will serve a minimum of 100 eligible youth and families, for a maximum
reimbursement amount of$42,848.00 for the DPHE and North Range Behavioral Health, and a maximum
reimbursement amount of$49,275.20 for LifeBridge Christian Church. She clarified the MYAT Program
is a pro-active approach within the community to meet the needs of at-risk youth, and their families, and
provides positive alternatives to prevent the youth from entering the Child Welfare or Youth Corrections
systems. Ms. Griego indicated the Department provides office space for these contractors within both the
north and southwest buildings, and the term of the agreements and leases end June 30, 2009.
Commissioner Long moved to approve said agreements and leases and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - SIPRES LOUNGE, INC., DBA SIPRES LOUNGE: Ken Poncelow, Sheriff's Office, stated he
has completed a physical inspection of the premises, and he has no outstanding concerns with the
establishment. He indicated the applicant was recently in negotiations to sell the business; however, the
business was not sold, and the applicant will continue to operate the establishment. Commissioner Garcia
Minutes, October 15, 2008 2008-2793
Page 3 BC0016
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 17 BETWEEN SH 14 AND FIELD ROAD: Janet Carter,
Department of Public Works, stated County Road 17 contains a slight hump, and seven to ten feet will be
removed from the slope, in order to reduce the embankment, which has become a safety hazard. She
stated closure of the road is requested from October 14, 2008, through October 17, 2008, and will affect
five residences. She gave a brief description of the detour route, she indicated dust abatement will not be
provided, since the detour route is paved, and standard road signs and barricades will be utilized to warn
the motoring public. She clarified the construction company, EZ Excavating, has contacted the affected
property owners to provide notice of the road closure. Commissioner Long moved to approve said
temporary closure. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF CR 62, EXTENDING FROM STATE HIGHWAY 257
TO THE GREAT WESTERN RAILROAD RIGHT-OF-WAY: David Snyder, Department of Public Works,
stated three petitioners have requested a portion of County Road 62, in the length of approximately 700
feet, be vacated. He indicated the closest road that the Department provides maintenance for is
approximately 1.5 miles in distance, and the Colorado Department of Transportation(CDOT)has already
closed the access to the road at the intersection with State Highway 257. He confirmed the Department
supports the request due to the short distance of the road and the distance to surrounding roads which
are maintained by the County. In response to Chair Jerke, Mr. Snyder confirmed this section of road is
not located within the vicinity of O Street, and referred to the provided map, marked Exhibit A, to indicate
the location of the roadway in proximity to the Town of Windsor. He further confirmed the surrounding
property owners have agreed to provide maintenance of the road through an easement agreement.
Steve Hughman, TST Consulting Engineers, stated his firm represents developer Martin Lind, who has
developed the Water Valley Subdivision within the Town of Windsor, and he also provides engineering
services for a group of investors which is developing the property directly adjacent to this section of County
Road 62. He indicated the placement of the Water Valley Subdivision, the Great Western Railroad, and
the Eastman-Kodak facility on the map provided, and clarified County Road 62 used to intersect with State
Highway 257 on a dangerous curve with limited site distance. He clarified Mr. Lind developed County
Road 62 into what is now referred to as Crossroads Boulevard,and the road was realigned to create a new
crossing of the railroad and a new intersection with State Highway 257. He further clarified as a condition
of the new alignment of the road, CDOT and Great Western required that the existing crossing and access
to State Highway 257 be abandoned; however,the surrounding property owners were still allowed to utilize
this portion of right-of-way as a private access road. He indicated the property to the north of the proposed
right-of-way to be vacated has been purchased for development, and is located within the Town of
Windsor, and the surrounding property owners to the south of the right-of-way have agreed that vacation
of the right-of-way is necessary. He indicated an access easement has been created, the commercial
developer will provide maintenance of this portion of road, he reiterated the road cannot access State
Highway 257,and he indicated all of the surrounding property has been annexed into the Town of Windsor.
In response to Commissioner Masden, Mr. Snyder confirmed all of the affected surrounding property
owners have signed the petition requesting vacation of the right-of-way, and have agreed to a new
easement agreement. In response to Mr. Barker, Mr. Snyder indicated he is unsure whether the Town of
Windsor received a referral request regarding this matter. Further responding to Mr. Barker, Reade
Roselles,TST Consulting Engineers,stated the access easement will be dedicated on the subdivision plat,
which is currently being reviewed by the Town of Windsor, therefore, the Town is aware of the situation.
He clarified a 16-foot utility easement will also be provided for any existing utilities within the current right-
of-way. Responding to Mr. Barker, Mr. Roselles confirmed the Town of Windsor is within the process of
annexing the surrounding properties and the matter has been reviewed by the Town's Planning
Commission. Mr. Barker confirmed that the Town of Windsor will be provided with adequate knowledge
Minutes, October 15, 2008 2008-2793
Page 4 BC0016
of this matter due to the recorded subdivision plat indicating this portion of road will no longer be
maintained by the County. Mr. Hughman clarified the subdivision plat, indicating the access easement,
may not be recorded until the right-of-way is formally vacated by the County. No public testimony was
provided regarding the matter. Commissioner Long moved to accept said petition and vacate said portion
of right-of-way. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
SADIE MEDRANO: Commissioner Garcia moved to appoint Sadie Medrano as a Deputy District Attorney
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
EMELA BULJKO: Commissioner Masden moved to appoint Emela Buljko as a Deputy District Attorney
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RESCINDING RESOLUTIONS#2008-1650 AND#2008-1651, DATED JUNE 9, 2008, FOR
TWO AGREEMENTS FOR PURCHASE OF REAL PROPERTY: Mr. Warden stated the two agreements
were offers for the purchase of properties located south of the Department of Human Services buildings;
however, negotiations were not completed and the agreements were not fully executed, therefore,
rescinding the Resolutions is necessary. Commissioner Masden moved to rescind said Resolutions.
Seconded by Commissioner Garcia, the motion 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
,1 ' IE �% WELD COUNTY, COLORADO
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ATTEST: tam) ' t a'ir� �, = t
!I86i sY, iv=j .William H. Jerke, Chair
Weld County Clerk to the B d =gip,,r 11'0
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B I all`'����` Robert en, Pro-Tem
Dep Clerk t. the Board i
Wil ' . Garcia
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David E. Long
EXCUSED
Douglas Rademacher
Minutes, October 15, 2008 2008-2793
Page 5 BC0016
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