HomeMy WebLinkAbout20010300.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 29, 2001
TAPE#2001-04
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, January 29, 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 - TARDY
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 January 22, 2001, and the Special Meeting on January 24, 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, CLERK AND RECORDER'S OFFICE - RUTH ANN GRAJEDA: Chair
Geile read the certificate recognizing Ruth Ann Grajeda for 22 years of service to Weld County. Suki
Tsukamoto, Clerk and Recorder, presented Ms. Grajeda with flowers and a pin, and thanked her for her
dedication. Juanita Smith, Clerk and Recorder's Office, stated Ms. Grajeda was one of the initial
employees in the Fort Lupton Office when it opened in 1977. She stated the south County office has been
a benefit and she thanked Ms. Grajeda for her work in Weld County.
RECOGNITION OF SERVICES, SHERIFF'S OFFICE - ROBERT RULAND: Chair Geile read the
certificate recognizing Robert Ruland for 18 years of service to the Weld County Sheriff's Office, and
presented him with a Weld County pin.
PUBLIC INPUT: There was no public input.
2001-0300
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $968,097.84
Electronic Transfers - All Funds $2,097,050.73
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
NEW BUSINESS:
CONSIDER SIX PURCHASE OF SERVICE AGREEMENTS FOR 2001 OLDER AMERICANS ACT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated
the six agencies have been used in the past and have done a good job providing services to seniors using
Older Americans Act funds; therefore, the Area Agency on Aging recommends approval. Commissioner
Vaad moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT#1 FOR SINGLE ENTRY POINT AND AUTHORIZE CHAIR TO
SIGN: Mr. Speckman stated under this amendment,the Single Entry Point payment will be increased from
$838.00 to $855.00 per client, per year, effective July 1, 2000, through June 30, 2001. Commissioner
Vaad moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - LOS ALEGRES
ANCIANOS MEXICANOS(L.A.A.M.): Mr. Speckman stated this Memorandum of Agreement outlines how
the Senior Nutrition Program will be operated. Commissioner Vaad moved to approve said Memorandum
of Agreement and authorize the Chair to sign. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR OPERATIONAL EXPENSES AND
AUTHORIZE CHAIR TO SIGN-GROVER SENIOR CITIZEN PROGRAM: Mr. Speckman stated under this
agreement, the Area Agency on Aging will provide $1,500.00 to assist the Grover Senior Citizens with
operational expenses. In response to Commissioner Jerke, Mr. Speckman stated the funds have been
included in the 2001 Budget. Commissioner Vaad moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR LONELINESS OUTREACH PROGRAM AND
AUTHORIZE CHAIR TO SIGN-LOCHBUIE AFTER GLOWS:Mr.Speckman stated under this agreement,
the Area Agency on Aging will provide $1,000.00 to the Lochbuie After Glows to promote community
outreach programs to ensure seniors are involved. Commissioner Vaad explained each of the purchase
of services agreements are a result of grant funding provided to various senior centers throughout Weld
County, which determine the activities that will best suit their area. Responding to Commissioner Jerke,
Mr. Speckman stated seniors involved in the programs generally draw in other seniors, and the activities
tend to keep the elderly citizens healthier. Chair Geile commented loneliness is a big issue for seniors and
these programs have been helping address that issue. Commissioner Vaad moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
Minutes, January 29, 2001 2001-0300
Page 2 BC0016
CONSIDER MEMORANDUM OF AGREEMENT FOR CONGREGATE MEAUHOME DELIVERY SITE AND
AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Mr. Speckman stated this memorandum updates
the agreement with the City of Greeley as to the specific days and times they will be serving meals at the
Rodarte Center. Commissioner Long moved to approve said memorandum of agreement and authorize
the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR WELLSPRING CLUB PROGRAM AND
AUTHORIZE CHAIR TO SIGN - CHERYL JELINEK: Mr. Speckman stated Cheryl Jelinek is an
independent contractor who will provide 320 hours to implement wellness services for the Area Agency
on Aging WellSpring Club Program,at$15.00 per hour. Mr. Speckman stated this program has been very
successful, and provides socialization, exercise, and discounts on medical screenings for seniors.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Commissioner
Long seconded the motion, which carried unanimously.
CONSIDER 2000 ANNUAL MILEAGE AND CONDITION CERTIFICATION REPORT FOR THE HUTF:
Frank Hempen,Jr., Director of Public Works,stated each year the Colorado Department of Transportation
(CDOT)asks Weld County to certify the amount of mileage maintained. Mr. Hempen reviewed the amount
of paved and graveled roads in Weld County, and added there has been a decrease in the overall amount
of mileage maintained by Weld County due to annexations. He stated this information will be forwarded
to CDOT, and it will help in determining how much gas funds will be received by Weld County next year.
Responding to Commissioner Jerke, Mr. Hempen stated the reduced amounts do not reflect Broomfield
County because it will not become a county until November 15, 2001. Commissioner Vaad moved to
approve said report. Seconded by Commissioner Long, the motion 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:
Mr. Hempen stated Weld County usually grants license agreements to County residents who do not have
direct access to a County road from their property. He stated this is an agreement concerning a portion
of Weld County Road 39 extending one-half mile south of Weld County Road 22. Mr. Hempen stated the
applicant is responsible for maintaining the right-of-way. Mr. Barker stated this is a public right-of-way,
therefore, the applicant is restricted from putting up gates. In response to Commissioner Jerke, Mr.
Hempen stated if the County ever needs to use the right-of-way for future improvements,they will still have
the right to make necessary upgrades to bring it to County standards. Mr. Barker added if there are
obstructions, the County has the right to remove them, and is not required to compensate the property
owner. Mr. Barker reviewed the portions of the agreement which protect the County's right to the right-of-
way. He further stated the County can revoke a Nonexclusive License Agreement at any time with
sufficient notice to the other party of the agreement. Responding to Commissioner Vaad, Mr. Hempen
stated the applicant owns all of the land adjacent to the right-of-way,with exception to the northeast corner.
Brian Walters, applicant, stated they are trying to build a new home on their property. He explained
Planning Services' staff recommended accessing the site from Weld County Road 39, rather than Weld
County Road 22 due to the number of existing accesses to the north, which may cause a traffic hazard.
Mr. Walters stated he met with his neighbors who initially had no complaints with his proposal. He was
to remove a fence and fill holes on his neighbor's property in exchange for using 12 feet of their property
as part of the access road. Now, however, the adjacent property owners are not pleased with the right-of-
way on their property. Mr. Walters explained they have expressed concern with liability issues; however,
he has already invested a lot in the roadway. In response to Chair Geile, Mr. Walters stated Mr. and Mrs.
Polland are the owners of the 10-acre parcel located in the northeast corner, and he owns approximately
150 acres. Responding to Commissioner Jerke, Mr. Walters stated this issue started when he was not
allowed access from Weld County Road 22, because there are seven or eight accesses that lead to the
Minutes, January 29, 2001 2001-0300
Page 3 BC0016
north. The only access to the south is used by the Pollands. (Clerk's Note: Commissioner Masden is now
in attendance.)
Bob Burrows represented the Pollands and stated it appears the County only has 30 feet of right-of-way
on the east side of the section line. He stated he was advised of this situation last Friday and has not been
able to thoroughly research the matter. Mr. Burrows stated there is only one access leading south from
Weld County Road 22 within this one-mile segment, and he requested this matter be continued fora week
to allow him further time to investigate other alternatives for resolving the matter.
Responding to Chair Geile, Mr. Walters stated he has no objection to continuing this matter for one week.
Responding to Commissioner Vaad, Mr. Walters indicated the location of the gas well access, and added
his house is complete, but they do not yet reside there. He further stated the neighbors have placed a
fence across the access. (Switched to Tape #2001-05.)
Mr. Barker explained if traffic leaves the road right-of-way,the property owner may be liable. He explained
the Colorado Governmental Immunity Act provides protection for negligence or dangerous conditions of
public right-of-way. He stated there is still liability for the adjacent land owner if someone ventures on their
land; however, it then becomes more like trespassing. Mr. Barker stated he reviewed the Resolution of
1889 map book with Ms. Walters which indicates there is only a 30-foot right-of-way in Section 18 on the
west side of the section line, but no right-of-way in Section 17. He recommended this matter be continued
for one week, and if it is resolved prior to that time, the applicant can withdraw the request.
Commissioner Vaad moved to continue said agreement to February 5, 2001, at 9:00 a.m. The motion,
which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER CHANGE ORDER REQUEST FORM FOR NEW RAYMER SITE AND AUTHORIZE CHAIR
TO SIGN - MOTOROLA: Mr. Warden stated the changes to the Motorola Statement of Work regarding
equipment at the New Raymer site have been included in the 2001 Budget. Commissioner Long moved
to approve said change order request and authorize the Chair to sign. Commissioner Masden seconded
the motion, which carried unanimously.
CONSIDER TASK ORDER FOR TUBERCULOSIS TREATMENT AND OUTREACH PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director of Public Health and Environment, stated under
this Task Order,the Health Department will provide Tuberculosis(TB)treatment,preventive treatment,skin
test screening programs, provide and interpret chest x-rays, and follow-up with patients. For these
services the Department will receive an amount not to exceed $32,561.00, for the term beginning
January 1,2001,and ending June 30, 2001. In response to Commissioner Vaad, Dr.Wallace stated Weld
County still has the authority to care for exceptions not covered under this Task Order. Responding to
Chair Geile, Dr. Wallace stated TB cases have been increasing in Weld County, and this is an issue that
needs to be addressed. Commissioner Masden moved to approve said task order and authorize the Chair
to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER AGREEMENT TO ADMINISTER GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN -
UNITED WAY OF WELD COUNTY: Dr.Wallace stated under this agreement, United Way of Weld County
will provide funding for outreach and assistance to Weld County residents through the Child Health Plan
Plus Program. Other agencies involved are: Monfort Children's Clinic, Salud Clinic, Sunrise Community
Health Center, North Range Behavioral Health,and the Departments of Social Services and Public Health
and Environment. Dr. Wallace stated the Health Department will provide a full-time staff person who will
provide information through community presentations, increased enrollment in the program, and help
clients access the services. He further stated for these services, the Health Department will receive
$32,500.00 beginning September 15, 2000,and ending September 15, 2001. Commissioner Vaad moved
Minutes, January 29, 2001 2001-0300
Page 4 BC0016
to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER AGREEMENT FOR ODOR OBSERVATION AND AUTHORIZE CHAIR TO SIGN-NATIONAL
HOG FARMS, INC.: Dr.Wallace stated under this agreement,Weld County will act as an independent third
party which will conduct odor readings at the Kersey property owned by National Hog Farms in accordance
with the Compliance Oder on Consent from the Colorado Department of Public Health and Environment.
Dr. Wallace stated the readings will cost Weld County approximately $2,000.00, which will be paid by
National Hog Farms. Responding to CommissionerJerke,Dr.Wallace stated although there are no longer
animals at the site,waste materials still remain. Commissioner Jerke stated he will be voting in opposition
to the agreement in protest to the Compliance Order. Responding to Commissioner Vaad, Dr. Wallace
stated the monitoring will be conducted on a regularly scheduled basis. In response to Chair Geile, Dr.
Wallace stated this agreement is solely between Weld County and National Hog Farms. Commissioner
Vaad moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded
by Commissioner Masden, carried with Commissioner Jerke opposed.
CONSIDER SEVEN AGREEMENTS FOR THE SAMPLING AND ANALYSIS OF POLLUTANT
DISCHARGE AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the seven agreements are for
analysis of waste water, and added the terms are in compliance with the Weld County Code. He further
stated some of the agreements reflect a discount based on volume, and all agreements have a term
beginning January 1, 2001, and ending December31, 2001. Commissioner Vaad moved to approve said
agreements and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER 13 AGREEMENTS FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the 13 agreements are for sampling of drinking water
for the various entities. He stated the terms of these agreements are similar to those discussed in the
previous matter. In response to Commissioner Masden, Dr. Wallace stated the tests are primarily for
municipalities that do not do their own water testing. Responding to Commissioner Vaad, Dr. Wallace
stated the Sodbuster is located near Keenesburg. In response to Chair Geile, Dr. Wallace stated
Aristocrat Ranchettes is supplied by Central Weld Water District. TrevorJiricek,Weld County Department
of Public Health and Environment, added once the water is pumped into a separate system from that of
the Water District, it must be tested. Commissioner Vaad moved to approve said agreements and
authorize the Chair to sign. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZE SALE OF SAME: Mr. Warden stated one of the Sheriff's patrol cars was totaled in an
accident in December 2000. He explained they have settled with the insurance company and would like
to turn the vehicle over to a salvage yard. Commissioner Jerke moved to approve said Resolution.
Commissioner Vaad seconded the motion, which carried unanimously.
PLANNING:
CONSIDER RESCINDING RESOLUTION #2001-0193, DATED JANUARY 22, 2001, AND SET NEW
HEARING DATE FOR FOURTH REPLAT OF GILBAUGH'S APPALOOSA ACRES, S#539 - IVAN AND
JOANNE GILBAUGH:Julie Chester, Department of Planning Services, stated the original date requested
will not allow adequate time for publication; therefore, staff requests the Resolution dated January 22,
2001, be rescinded and that the Board set a new hearing date for March 14,2001. Commissioner Masden
moved to rescind Resolution #2001-0193, and set a new hearing date to consider the Fourth Replat of
Gilbaugh's Appaloosa Acres, S #539, for Ivan and Joanne Gilbaugh for March 14, 2001, at 10:00 a.m.
Commissioner Vaad seconded the motion, which carried unanimously.
Minutes, January 29, 2001 2001-0300
Page 5 BC0016
CONSIDER REQUEST FROM DEPARTMENT OF PLANNING SERVICES TO PRE-ADVERTISE
CHANGE OF ZONE #554 - JERRY AND MARGARET SAMBER: Monica Mika, Director of Planning
Services, stated Change of Zone #554 will be considered by the Planning Commission on February 20,
2001, and staff requests the case be pre-advertised for a hearing before the Commissioners on
February 28, 2001, at 10:00 a.m. Commissioner Long moved to approve the request of the Department
of Planning Services,on behalf of Jerry and Margaret Samber,to pre-advertise Change of Zone#554,and
to set the hearing date for February 28, 2001, at 10:00 a.m. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER LANDSCAPING IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR LANDSCAPING IMPROVEMENTS AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR #315 - KINGS COURT PROPERTIES, LLLP: Kim Ogle, Department of
Planning Services, stated at the advice of the County Attorney's Office, staff requests this matter be
continued to February 5, 2001, to determine whether all of the paving issues listed in the agreement have
been addressed. Commissioner Masden moved to continue the Landscaping Improvements Agreement
for Site Plan Review#315 to February 5, 2001, at 9:00 a.m. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
USE BY SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, C/O DANNY PERDEW:
Mr. Ogle stated the County Attorney's Office and Departments of Planning Services and Public Works
have reviewed the Improvements Agreement and collateral in the amount of $13,000.00 for Faith
Tabernacle Church and feel they are sufficient. No public testimony was offered regarding this matter.
Commissioner Vaad moved to approve said agreement and accept the form of collateral for Use by Special
Review Permit #1217 for Faith Tabernacle Church, do Danny Perdew. Commissioner Jerke seconded
the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION#2956- IVAR AND DONNA LARSON:Julie Chester, Department
of Planning Services, gave a brief description of the location of the property. She requested this and the
following matter be considered together,and stated staff recommends denial of both Recorded Exemption
#2956 and #2959 for the reasons as indicated in the Administrative Reviews. Ms. Chester stated
Recorded Exemption (RE) #2956 will split Lot A of RE #126 approved in 1974. Responding to
Commissioner Jerke, Ms. Chester stated there are no improvements on the site. In response to
Commissioner Vaad, Ms. Chester stated Highway 60 is located to the north and Weld County Road 5 is
to the east. She explained RE #2959 will use the existing access to Lot B of RE #126, which staff feels
will create two island lots. She stated the proposed configuration will create future access problems, with
only one access for all four lots. Ms. Chester stated the applicants have indicated they will construct the
access road to subdivision standards, but staff also has concerns regarding maintenance. She stated if
approved,an Easement Agreement will be required as a Condition of Approval,and care and maintenance
should be part of the easement agreement. Ms. Chester stated Recorded Exemptions do not require the
establishment of a Homeowners'Association for maintenance, or notification to others using the access,
if additional use is proposed for one of the lots for a special use in the future. In response to
Commissioner Jerke, Ms. Chester stated there is not a County road at the south end of Lot B of RE#2959,
and there is a ditch which cuts through the property. She further stated RE #2956 proposes two 5-acre
lots, and RE #2959 proposes two lots approximately 6 acres in size.
Donna Larson, applicant, submitted a photograph overlay dated 1992, marked Exhibit A. (Clerk's Note:
Chair Geile called a 5 minute recess.) Upon reconvening, Ms. Larson explained Lots 1.a and 1.b, as
shown on Exhibit A, would be RE #2956, RE #2959 is designated as Lots 2.a and 2.b. She stated they
are requesting Lots A and B of RE#126 be divided to create four lots. Ms. Larson gave a brief summary
Minutes, January 29, 2001 2001-0300
Page 6 BC0016
of the past attempts to develop the property which were denied. She stated staff currently recommends
they use a Subdivision process for the development; however,that will require a Change of Zone,and they
would prefer the area remained zoned Agricultural. Ms. Larson continued by stating they intend to
maintain the agricultural zoning and divide the land into lots which are comparable to the surrounding area.
She stated their parcels are surrounded by 15 homes, some of which will be divided further in the future;
none of them are being actively farmed, but do have livestock. She further stated this is a desirable
residential community, and if the zoning is changed, the use will not be compatible with the surrounding
uses. Ms. Larson stated they are willing to install a fire hydrant, which will be an added safety factor for
the community that does not currently exist. She indicated the only portion of the property which is
adjacent to active farming is on the south, and that land is for sale. Ms. Larson stated two additional home
sites will not impact the access or the community, the proposal will be compatible with the existing uses.
She further stated there are adequate utilities in the area to service two more residences, the proposal will
not remove land from agricultural production, and each home site will have excellent pasture. Ms. Larson
explained there will only be one access, which the Colorado Department of Transportation (CDOT)
determined is sufficient for nine homes. She referred to Exhibit B, and stated they are proposing a similar
60-foot wide road, designed similar to County standards, and the road would be shorter, because they
intend to move the cul-de-sac further to the north within Lot B of RE#2959. She stated the existing access
is permitted, no further accesses will be created, it is not practical to farm the current 10 and 15 parcels,
and two additional home sites will not be a detriment to the agricultural production in the area. Ms. Larson
stated they have invested a lot of time and money into this proposal considering the previous denials. Ms.
Larson stated she has presented sufficient evidence to show it is appropriate to waive the requirements
listed in Sections 24-8-40.6.1 -B.6 of the Weld County Code. She stated the proposal is logical,desirable,
and compatible, and she requests approval.
In response to Commissioner Vaad, Ms. Larson stated if approved there would be a 60-foot easement from
Highway 60 to the northern portion of Lot B of RE#2959, and it will serve as an access to all four lots. Mr.
Barker stated the current easement provides access to Lots A and B of RE#126, which was approved in
1974. Ms. Larson stated the property owners to the east do not use this road. Responding to Chair Geile,
Ms. Larson stated the only people using the road would be the residents of the four lots, and she reiterated
the access permit has been approved by the CDOT. Ms. Larson indicated the location of the oil and gas
well which has been plugged. In response to Chair Geile, Ms. Larson stated Condition #2.D refers to the
Road Improvements Agreement for access,which will be signed by the owners of the four lots. Mr. Barker
suggested Condition of Approval#2.D be amended to state,"The applicant shall submit to the Department
of Planning Services a recorded copy of documentation showing a commitment to maintain the designated
access signed by all the owners of the property crossed by the access and binding their successors in
interest to such properties to such commitments maintained. The access shall be for ingress and egress
and such documentation shall be referenced on the plat by the Weld County Clerk and Recorder's
reception number." Responding to Commissioner Vaad, Ms. Chester stated staff considers any parcel to
be an island lot if it is accessed through an easement rather than a County road. She further stated the
easements create problems if future property owners want to do a Special Review Permit. She stated
there is a legal access, but the use become very limited. Ms. Larson referred to the CDOT access permit
which indicates the access is for residential use only,and any proposed changes to that use would require
a new access permit. Responding to Chair Geile, Mr. Barker stated Condition of Approval #2.1.1 is
referencing the setback requirements from the future right-of-way line for Highway 60. Mr. Barker
suggested Condition #2.1.1 be amended to clarify the setback is to be from the future right-of-way line of
State Highway 60. Ms. Larson added the access easement will be a combined easement for utilities as
well. No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve Recorded Exemption #2956 for Ivar and Donna Larson, with the
Conditions of Approval as presented, with modifications to Conditions#2.D and #2.1.1 as recommended
by legal staff. Commissioner Jerke seconded the motion. Mr. Barker stated the easement width in
Minutes, January 29, 2001 2001-0300
Page 7 BC0016
Condition #2.E should be changed from 30 feet to 60 feet, and the second sentence of Condition #2.B
should be deleted and replaced to state, "The applicant shall provide, to the Department of Planning
Services, evidence that the Colorado Department of Transportation consents to the previously permitted
access utilizing the intended 60-foot access for Lots A and B of Recorded Exemption#2956, and Lots A
and B of Recorded Exemption#2959." Ms. Chester stated she spoke with Gloria Hice-Idler, CDOT, who
requested the applicant come into their office to update any information on the access permit to ensure
all information is still current, as indicated in Condition #2.F. In response to Chair Geile, Mr. Barker
clarified, based on Ms. Chester's comments, his recommendation for Condition #2.B is not necessary;
however, the first sentence of Condition#2.E should be amended to state, "A 60-foot wide joint easement
from State Highway 60, extending across Lots A and B of Recorded Exemption #2956, and across the
flagpole portion of Lot A of Recorded Exemption #2959, for the benefit of Lots A and B of Recorded
Exemption #2956, and Lots A and B of Recorded Exemption #2959, shall be clearly shown on the plat."
In response to Chair Geile, Ms. Larson stated she agrees with the Conditions as presented, and with the
discussed changes.
Commissioner Vaad commended staff for their work on this proposal. He stated the Board typically
discourages the creation of island lots; however, the applicant has shown sufficient evidence that they are
not trying to evade the subdivision process. He stated compatibility with the surrounding area has been
addressed, very little of the property is adjacent to agricultural properties. Commissioner Vaad amended
his motion to include the additional modifications to Condition of Approval #2.E as recommended by Mr.
Barker. Commissioner Jerke stated this proposal will promote an agricultural lifestyle and he is in favor
of the motion and the modifications. Chair Geile commented the Town of Johnstown referral indicates the
Town is opposed to the application; however, the County currently has no Intergovernmental Agreement
with Johnstown, and he does not foresee this proposal causing problems for them. Upon a call for the
vote, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION#2959-IVARAND DONNA LARSON:Commissioner Vaad moved
to approve Recorded Exemption #2959 for Ivar and Donna Larson with the Conditions of Approval as
presented,and with the modifications to Conditions#2.D,#2.1.1, and#2.E as discussed in previous matter.
Commissioner Long seconded the motion, and upon a call for the vote, it carried unanimously.
CONSIDER PROBABLE CAUSE HEARING FOR USE BY SPECIAL REVIEW #1198 FOR AN OIL AND
GAS SUPPORT AND SERVICE FACILITY(BRINE WATER DISPOSAL)FOR ENVIRO-CYCLE,LLC,C/O
MIKE CERVI (CON'T FROM 01/15/2001): Ms. Chester gave a brief description of the location of the site,
and stated Use by Special Review Permit#1198 was approved May 1999. She stated there are several
issues of noncompliance, which the operator has been advised of. Ms. Chester stated some of the
violations include cleaning of frac trucks,which is not allowed by the Use by Special Review Permit, reports
were not made to the Colorado Department of Public Health and Environment regarding a recent oil spill
at the site,and the plat had not been recorded. Ms. Chester stated staff met with the applicant on January
26, 2001, and she referred to memorandum, dated January 29, 2001, marked Exhibit D, summarizing the
necessary modifications. She stated the applicant has agreed to discontinue the frac tank cleaning
operation, and they have requested an additional sixty to ninety days to clean up the site. Ms. Chester
stated the plat has been submitted,the operator indicated they are willing to submit a Waste Handling Plan
to the Weld County Department of Public Health and Environment, the hours of operation will be limited
to 7:00 a.m. to 7:00 p.m., and the gates will be locked before and after hours. Ms. Chester stated the
operator has requested the gates be closed, but not locked,as a safety precaution for the on-site manager.
She also explained there are certain operations that continue after hours,and staff recommends the Board
schedule a Show Cause hearing for approximately 60 days from this hearing which will allow the operator
additional time to continue addressing the noncompliance issues.
Minutes, January 29, 2001 2001-0300
Page 8 BC0016
In response to Commissioner Jerke, Cyndy Etcheverry, Weld County Department of Public Health and
Environment, stated normally she provides operators notice prior to her inspections; however, she has
conducted several surprise inspections at this site. Responding to Commissioner Masden, Ms. Chester,
stated she spoke with neighbors who have indicated there are still some explosions, and applicant can
address his efforts to address this matter. Responding to Commissioner Vaad, Ms.Chester reiterated staff
requests a Show Cause Hearing be set for 60 days, and if at that time the site is in compliance, the matter
can be dismissed. She further stated the Board needs to determine whether Probable Cause exists, and
added the Show Cause Hearing will be a public meeting, so the surrounding property owners will have a
chance to speak to any of the issues. Responding to Chair Geile, Ms. Chester stated the explosions are
caused by air in the system; however, they are not a health or safety hazard. Ms Etcheverry stated frac
material is liquid that has been removed from oil and gas sites,which the applicant has been pumping into
the ground. She explained it contains soil, sands, oil and water.
Mike Cervi represented Enviro-Cycle, LLC, and stated they have addressed all of the issues presented by
the Health Department, they will discontinue frac tank cleaning, and if they decide to do frac tank cleaning
in the future, they will get the appropriate permits at that time. Mr. Cervi explained the heater-treater unit
heats water and oil on-site. He stated they are requesting the Show Cause Hearing be set for 90 days
rather than 60 due to weather conditions that may prevent them from completing the necessary
improvements. He further stated the hours of operation are a concern to staff; however, he reiterated the
site is only open from 7:00 a.m. to 7:00 p.m.; however, they do operate the tri-plex pump on a 24-hour
basis, and the Board must determine if that constitutes operation after hours. He explained they need to
run the pumps so the water can be processed. In response to Commissioner Vaad, Mr. Cervi stated the
heating and circulating is a continuous process along with pumping water. Responding to Commissioner
Jerke, Mr. Cervi stated there is someone on-site at all times while equipment is running. He further stated
they have experienced a very high demand during the past year, and they also receive material from other
facilities if they are at capacity.
Frank Steward, Gas Company, stated the site did have a problem with carbon build-up on the heater-
treater unit. He made an initial recommendation that the operator pull the burners, clean and reinstall
them. On April 24, 2000, he was called to the site and found his suggestions had not been followed, so
he made the necessary adjustments, and put the burners back into operation. He explained the settings
had to be adjusted due to the high altitude. Mr. Steward stated he was contacted in October 9, 2000, to
adjust the temperature, which resulted in too much noise. He explained the popping sound is caused by
a downdraft in the chimney, and added the popping is not a health or safety hazard. Mr. Steward stated
he was later contacted on November 8, 2000, to reduce the heat, and then to adjust the settings further
to reduce the popping. Finally, he was called on January 24, 2001, at which time there was minimal
rumbling, and he noted he has not heard a pop during any of his visits to the site. Responding to
Commissioner Vaad, Mr. Steward stated the downdraft is caused by atmospheric pressure,so moving the
unit will not improve the situation. Responding to Commissioner Long, Mr. Steward stated some common
improvements include adjusting the burners, adjusting the height of the chimney, or adding a special cap
to the chimney.
Brian McDonald, surrounding property owner, stated the site has been accepting trucks after 7:00 p.m.,
and he requested the operator not be allowed to process materials after 7:00 p.m. due to the noise it
generates. He also expressed concern with not locking the gate after hours,and due to the extended time
of noncompliance he is uncertain the operator will comply at this time. He further stated he did hear an
explosion noise last Wednesday night. Responding to Commissioner Vaad, Mr. McDonald stated that
although the operator has indicated they will not accept trucks after hours, there will be pumping and
heating operations, which he does not feel is acceptable.
Minutes, January 29, 2001 2001-0300
Page 9 BC0016
Marilee Santagata, surrounding property owner, stated there is an emergency fire driveway that should
be open at all times; however,that gate remains locked. She suggested the fire gate be left unlocked and
the main gate be locked after hours as indicated by staff requirements. Ms. Santagata stated the noise
from the heater-treater unit is not a popping, it is similar to a shot gun blast or small dynamite explosion.
She further stated there have been trucks entering the site at all hours, and her home is within 100 feet
of the perimeter fence. Ms. Santagata stated the blasts shake the area, and her water well has been
affected by ground movement. There being no further comments, public testimony was closed.
Ms. Etcheverry stated on one of her surprise inspections she found a spill, which had not been reported
to the Oil and Gas Commission. She explained it was a ten-barrel spill,and 5-barrel spills are the minimum
that must be reported to the Commission. Ms. Etcheverry stated based on the type of spill, it appears the
site may not be manned at night. Responding to Commissioner Jerke, Ms. Etcheverry stated the spill
occurred on December 29, 2000.
Commissioner Vaad referred to the Memorandum dated January 29, 2001, from Ms. Etcheverry, and
expressed concern with granting an extension of time if the ten items on the memorandum are not going
to be addressed. Mr. Barker stated the Board needs to determine whether sufficient evidence has been
presented to lead the Board to believe that probable cause exists and that violations of the ten standards
referred to by Ms. Etcheverry. He stated if a Show Cause Hearing is set, the Board will take into
consideration the testimony from January 15, 2001,and today's discussion. He stated if the ten standards
are complied with, then staff can request the matter be dismissed.
Commissioner Vaad moved to find Probable Cause of a violation of the 10 standards listed in the
December 18,2000, memorandum,and to set a Show Cause Hearing 90 days from today. Commissioner
Jerke seconded the motion. Responding to Mr. Cervi, Commissioner Vaad clarified his motion, and
explained staff may recommend the matter be withdrawn if all of the conditions listed in the December 18,
2000, memorandum have been met. Mr. Barker concurred. Commissioner Vaad stated the surrounding
property owners will have one more opportunity to address the issue, and the Board will hear testimony
from staff as to whether the site is in compliance or not. Mr. Cervi stated they do not receive trucks after
7:00 p.m., as indicated by Mr. McDonald. In response to Commissioner Long, Mr. Cervi stated the Fire
Protection District allows them to keep the accessory gate locked for security purposes. Ms. Chester
clarified the December 18, 2000, letter was amended and is dated January 3, 2001. Esther Gesick,
Deputy Clerk to the Board, recommended the Show Cause Hearing be set for April 30, 2001,at 10:00 a.m.
In response to Commissioner Long, Mr. Cervi explained they have tried to address the popping from the
heater/treater unit by extending the exhaust stack to 20 feet in height, and constructing a two-inch wall
around the unit. He stated they are willing to do sound checks; however, he does not feel the pops are
as extreme as indicated by the surrounding property owners. Upon a call for the vote, 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.
Minutes, January 29, 2001 2001-0300
Page 10 BC0016
There being no further business, this meeting was adjourned at 12:15 a.m.
BOARD OF C UNTY COMMISSIONERS
WELDDCCOU Y, COLORADO
ATTEST: ;),_�� ��� ��� .0/7 _Ql..1_9
� '" a� f ��� i �l s M. J. ile, Chair
Weld County Clerk to the Bo-ff. 'r'
1861 r' �,, • 0.0%
\ • Glenn Vaad, Pro- e
BY: - •C%. Pwr $' 11
Deputy Clerk to the Board �a�`�,� �L_i
♦ I Will H. Jerke
Davig
Robert D. Masden
Minutes, January 29, 2001 2001-0300
Page 11 BC0016
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