HomeMy WebLinkAbout20011769.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 25, 2001
TAPE #2001-26
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, June 25, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of June 20, 2001, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on June 20, 2001, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit#1325, Edward and Janet Schmidt, do William Hughes; and 2)A Site Specific Development Plan
and Use by Special Review Permit#1329, Loveland Ready Mix, Inc. Commissioner Masden seconded
the motion, which carried unanimously.
ADDITIONS TO AGENDA: Added as New Business, Item#5) Consider appointment of William Weitzel
to the Board of Public Health
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
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 $431,761.41
2001-1769
BC0016
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 119 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -
WALSH PRODUCTION, INC.: Frank Hempen, Director of Public Works, stated this is for Weld County
Road 119 between Roads 92 and 96, to provide access to well heads and install a gas pipeline
transmission unit. He recommended approval of said agreement and responded to Commissioner Long
that notices were sent to appropriate landowners on May 24, 2001. Don Carroll, Department of Public
Works, stated all notices were mailed with return receipt requested. Dean Gackle, Walsh Productions,
said the company is an oil and gas producer whose well Federal 12-13 was previously drilled in this area
and they have now had a new field discovery; therefore, they approached the landowner to the north for
right-of-way permission, however, his response was unreasonable. Walsh Productions, Inc., has now
determined it is a shorter distance to utilize Weld County right-of-way and the transmission pipe will go
west to Weld County Road 119, then north. Mr. Gackle stated surface owners in the area are aware of
what is being done, and reiterated it is a Federal well. Responding to Commissioner Vaad, Mr. Gackle
stated the pipeline will include the gas from the Lily field unit to the north, which is an older field with 35 -
40 wells, and the company will be reinjecting dry gas into the formation to strip the liquid from the field.
As it goes through the formation, the dry gas picks up liquids, then goes through the process with the
liquids. Responding to Commissioner Masden, Bill Walsh, President of Walsh Productions, said the dry
gas is from a refrigerated JT plant, not a cracking plant, therefore, it chills the gas, then trucks it to the
area. Responding to Chair Geile, Mr. Carroll stated Weld County Road 119 is a section line road that is
not a maintained county road; and Weld County Road 96 is not maintained by the County, although
through a permit issued to Diversified Operating, Walsh Productions is maintaining it. Responding to
Commissioners Long and Jerke, Mr. Carroll stated the only landowner who responded was Mr. DeCastor,
who came to the office and discussed the nonexclusive license agreement;and he stated the standard for
the road should be accessible year round, all weather, at a minimum being graded so it will drain. Mr.
Carroll also recommended a 20-foot width to accommodate emergency access. Mr. Hempen stated
typically the nonexclusive agreement is for the benefit of the user, and the tolerance for the licensee is the
only limiting factor as far as access is concerned. Responding to Commissioner Vaad, Mr. Hempen stated
Weld County requires the applicant to take out a license agreement or utility permit, and follow County
standards. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
PORTIONS OF WELD COUNTY RIGHT-OF-WAY ON ROADS 90, 121, AND 123 AND AUTHORIZE
CHAIR TO SIGN -WALSH PRODUCTION, INC.: Mr. Hempen stated this is similar to the last item and
is for the purpose of providing access to well heads in the area, at Weld County Road 123 between Roads
86 and 90, Weld County Road 90 between Roads 123 and 121, and Weld County Road 121 between
Roads 90 and 92, which are all basically wagon trail roads. Mr. Gackle stated they are requesting a right-
of-way permit for new drilling in the area, as well as one existing well and explained this is the route
recommended by the Forest Service. He stated Walsh is asking for a permanent route so improvements
to the road can be utilized in the future, and indicated all surface owners have been notified of this action.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PURCHASE RIGHT OF WAY FOR IMPROVEMENTS TO WELD COUNTY ROAD 126 AND
AUTHORIZE CHAIR TO SIGN-TERRY GRAZING ASSOCIATION: (Clerk's Note-Commissioner Jerke
was excused for this item.) Mr. Hempen stated this is to complete the next phase of the Weld County
Road 126 project, west of Carr, and is the only right-of-way necessary. This is for the acquisition of 0.87
Minutes, June 25, 2001 2001-1769
Page 2 BC0016
acre,for a cost of$698; and the County is also paying $300 for an easement for the Poudre Valley Electric
Association to relocate a line, and $2,017.23 for 1,784 feet of fence. Commissioner Vaad moved to
approve said purchase and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
(Clerk's Note - Commissioner Jerke is now in attendance.)
CONSIDER AGREEMENT FOR PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET OF
PROPERTY OWNED BY WELD COUNTY AND AUTHORIZE CHAIR TO SIGN - OWENS BROTHERS
CONCRETE COMPANY: Mr. Hempen stated Nix Sand and Gravel is proposing a site between State
Highway 66 and Weld County Road 28. He explained that State procedures require anyone with structures
within 200 feet to accept responsibility for any damage caused by the sand and gravel operation. He
explained the agreement identifies our acceptance, and roads are the structures indicated. Responding
to Commissioner Vaad, Mr. Hempen stated he is not sure of the proximity or effect of this project to the
acceleration lane for the Varra Company, but that will be considered as part of the transportation study as
the application proceeds through its process. Commissioner Vaad moved to approve said agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Masden, carried
unanimously.
CONSIDER APPOINTMENT OF WILLIAM WEITZEL TO THE BOARD OF PUBLIC HEALTH: Chair Geile
stated the appointment of William Weitzel to the Board of Public Health would be to replace Michael Willitz,
District 2, with a term expiring May 23, 2004. Commissioner Vaad moved to approve. Seconded by
Commissioner Masden, 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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD� CO TY, COLORADO
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EXCUSED DATE OF APPROVAL
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Robert D. Ma den
Minutes, June 25, 2001 2001-1769
Page 3 BC0016
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