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RESOLUTION
RE: APPROVAL TO SET DATE FOR RECONSIDERING DECISION CONCERNING
USE BY SPECIAL REVIEW PERMIT FOR OIL AND GAS WELL PRODUCTION
WATER DISPOSAL SITE AND CERTIFICATE OF DESIGNATION - ARVIN
G. MARTENSEN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter , is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , a public hearing was conducted on November 16 , 1983 ,
to consider the request of Arvin G. Martensen for a Use by Special
Review Permit for oil and gas well production water disposal site
and a Certificate of Designation, and
WHEREAS , after reviewing the testimony and evidence presented
concerning this matter, the Board of County Commissioners denied
the request for a Use by Special Review Permit and Certificate of
Designation by a vote of 3-2 , and
WHEREAS , the applicant, Arvin G. Martensen, has submitted
additional information regarding the Operation Standards for said
site, and
WHEREAS , after reviewing said new evidence, the Board deems
it advisable to reconsider its decision for denial of the Use by
Special Review Permit and Certificate of Designation at the Board
meeting scheduled for December 12 , 1983 , at 9 : 00 A.M. in the
Chambers of the Board of County Commissioners located in the first
floor of the Weld County Centennial Center, 915 10th Street, Greeley,
Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that its decision to deny the
Use by Special Review Permit and Certificate of Designation re-
quested by Arvin G. Martensen for an oil and gas well production
water disposal site shall be reconsidered at the Board meeting
scheduled for December 12 , 1983 , at 9 : 00 A.M. in the Chambers
of the Board of County Commissioners at the hereinabove described
location.
830167
P40059
L14 (
Page 2
RE: RECONSIDER DECISION - USR & CERTIFICATE OF DESIGNATION FOR
ARVIN G. MARTENSEN
The above and toregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 23rd day of
November, A.D. , 1983 .
. r � `-- W AkiL4�� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD/�COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board \\I
Chuck Carlson, Chairman
By: nn.ci ' - /
4 U X71 EXCUSED DATE OF SIGNING - AYE
-0eputy County g.erQe Jo n T. Martin, Pro
-Tem
APP OVED AS TO FORM: 1/14440 ViJ fC1V �
- Gene R. Brantner e2Cy Attorney Norman Carlson
Ja qu ' ne Jo on
DAY FILE: November 30 , 1983
KENNETH F. LIND " ' ^. THE LAWBULDINO
GEORGE H. OTTENHOFF � 1011 ELEVENTH AVENUE
N0V 2 21983 P.O.BOX R6
ATTORNEYS AT LAW GREELEY, COLORADO 80632
P-
-LEY. COLO. TELEPHONE(303)353,2323
November 22, 1983
Board of County Commissioners, Weld County
915 Tenth Street
Greeley, Colorado 80631
Re: Docket No. 83-72 (Use by Special
Review and Certificate of Desig-
nation: E-Vap Park)
Dear Commissioners:
Please let this letter serve as a request for a reconsideration of your
denial of a Use by Special Review and Certificate of Designation pursuant to
the above mentioned application which denial was made on November 16, 1983.
This request for reconsideration is based upon parlimentary procedure which
allows a matter to be reconsidered upon motion -made by one who voted with the
winning side. As this is pursuant to parlimentary procedure and specifically,
Roberts' Rules of Order, it is not considered a rehearing, and we specifically
do not request a rehearing. However, we would like to submit this letter as
additional information in support of our request for your motion to recon-
sider.
Specifically, it is our opinion that due to the lateness of the hour on
November 16, 1983, there was inadequate time for the Commissioners to discuss
their concerns and problems withthe proposed site and operation with the
applicant. We believe that had there been adequate time for discussion, two
operation standards could have been added to the operation standards as
proposed by the Planning Department which would have alleviated the problems
and concerns of the Commissioners. It is our request that these items be
added as operation standards and I assure you that the applicant has reviewed
these suggested operation standards and will comply with the same.
The first operation standard would be related to landscaping. The
applicant proposes to landscape the facility outside the fenced area along the
North side (County Road 54) to minimize aesthetic concerns by planting one row
of evergreen-type trees and a second row of deciduous or shrub-type trees. At
the present time it is the applicant ' s opinion that the inside row will be
Cedar and the outside row Russian Olive. It is our belief that these two
Weld County Board of Co. Commissioners
November 22, 1983
Page 2
types of trees are the most advantageous as Russian Olive are somewhat drought
resistant, are fast-growing, and provide an excellent screen over a short
period of time. The Cedar trees are slow growing, but as the Russian Olive
trees reach their maturity the Cedar trees will then be of adequate size to
screen the facility as well as provide additional protection from the elements
and providing a certain amount of wildlife habitat. An artist's rendering of
the facility is provided herewith.
The second proposed operation standard would provide that the special use
"permit" as well as Certificate of Designation be renewed fifteen years from
the date the facility commences operations. Renewal would mean a total review
of the operation in light of standards and laws then in effect . By laws we
specifically refer to any changes in state law concerning operations of this
type and additionally, the resolution then in effect pursuant to county
resolutions relating to operations of this type. Specifically, the operation,
to receive a renewal of its special use designation and Certificate of
Designation, would have to meet all standards then in effect, similar to the
use by special review procedures which the applicant has recently completed.
It is our suggestion that at the end of the first 15-year period, the special
use status and Certificate of Designation be renewed for periods of five
years, or until the facility and its operations are terminated.
It should be mentioned that this renewal is in addition to any review of
the operations and facilities which may be undertaken by the state and/or
county and their respective subdivisions such as the State Department of
Health and Weld County Department of Health. Obviously , the reviews by the
state and county are upon a continuing basis, and it will be the obligation of
the applicant to operate the facility in accordance with the operation
standards and laws in effect.
It is our belief that the renewal requirement will alleviate the concerns
expressed by the Board as related to possible development in the area. While
the applicant does not foresee development of the immediate area during the
next ten or fifteen years, there are other individuals, and we respect those
opinions, who believe that the immediate area may develop during the next ten
to fifteen years. If such development does indeed take place, the renewal
requirement may result in the special use and Certificate of Designation not
being renewed thereby protecting the citizens of the area as well as pro-
tecting and allowing alternative development. Obviously, the applicant is
aware that should development take place in the immediate area the highest and
best use of this proposed facility would not be a continuation of operations,
but would rather be a cessation of operations and conversion of the site to
compliment and supplement the surrounding growth. That is an economic
decision and any operator and/or owner of the facility is concerned with
economics and the development of the property to its highest and best use.
If a reconsideration of this proposal is a possibility we would request
notification from the Commissioners so that the applicant can be present at
Weld County Board of Co. Commissioners
November 22, 1983
Page 3
the time reconsideration is considered to answer any additional questions and
concerns. It should be added that if additional or alternative operation
standards are suggested, the applicant will review those with the goal being
to provide to Weld County a facility that will operate to the highest degree
of care and standards and be compatible with the existing and future needs of
Weld County.
Very truly yours,
LIND & OTfNHOFF
K?7/1411
F. Livid
KFL/dkr
November 17 , 1983
�4EC1 I r 1
Board of County Commissioners NOV
1 7 1983
1•,tJ
Weld County Colorado ,�S ✓)
915 10th Street I ;
Greeley, Colorado 80631
RE : Road 54, E-Vap Park
Dear Commissioners :
The decision to grant or deny a permit for our brine
evaporation disposal site, as presented yesterday, was as
stated by several of you, a very difficult decision. I am
sure you have all agonized about this matter since your 3-2
vote - to defeat the proposal.
The record of our preparation and presentation has been
made. My legal counsel has assured me that we have a definite
case, based on that record, to challenge the Board' s decision.
I am sure your legal counsel will assure you of the same.
We proposed to relieve the county of a major portion of a
tremendous and hazardous problem, without cost to the taxpayers .
We still believe this can be done. Your decision, in the face
of the emotional opposition is understandable. The result,
however , is unacceptable to the balance of the residents of
the county as well as to my company.
As stated earlier, our proposal was intended to save the
taxpayers money and not to add to the drain on county funds .
That is still the intent of this letter and my company.
Therefore, I request your immediate reconsideration of
this matter. I know the majority of you voted with your hearts
as well as the facts , as a few of the local residents so
emotionally presented their concerns . The record has been
made however , we have fulfilled the requirements for this
permit, I again request that you grant it.
My attorney has been directed to prepare the challenge .
The county and my company can all avoid a great deal of ex-
pense however , if you will only reconsider the recorded
facts . For the good of the county and the people at large ,
I urge you to do this .
Sinncc'ely,
i /
A in G. Martensen, Developer
Road 54, E-Vap Park
AGM/jb
,
integration should he operational effective January 1, 1984 and the
Client Tracking project will continue well into 1984. Social Services
will also become full users of the county finance system effective
January 1, 1984. The Corporate Property project for the Assessor was
completed in September. The Planning Department MIS reports project was
completed in September. The systems analysis was completed and systems
design is underway for the CARS project for the Communications department.
This effort was aided considerably by the recent visit to Chesterfield
County in Virginia where a combined project team from the Sheriff's
Office, Communications and Computer Services observed the Chesterfield
dispatching system in operation. Many good ideas were gained and they
should be able to avoid some of the mistakes made in the Chesterfield
system. While they were there, they also looked at other criminal
justice computer systems in operation and they came away with an
improved perspective of their own criminal justice automated system.
Considerable effort was spent in responding to the state and federally
mandated changes to the EODS system for Human Resources. Those
changes are mostly due to the new JavA program that has replaced the
CETA program. The motor vehicle registration files have been success-
fully purged of old records reducing the total file size by 40%. This
should cause the machine time costs for the motor vehicle system to he
reduced by about 25% a urnith. The tax sale for the Treasurer was
successfully conducted on November 8 and 9. Work on the Fleet Management
system for the IGA shop has slowed but should begin again in January
1984. The Environmental Health feasibility study was completed during
October. This study resulted in three excellent projects being
identified: Water Quality, Inspection, and Septic permits. All three
projects were approved for development during 1984. The repairs to the
roof of the Centennial Complex have impacted the computer center in
two ways. First on October 25, the roofers kicked over a conduit containing
coaxial cable from the computer to the Sheriff's terminals. Six Sheriff
terminals were inoperable for several hours while the cables were
respliced. The second situation is still in progress. With the recent
rain and snow, leaks in the roof are apparent. Small amounts of water
were discovered falling into the computer room on one of the control
units. They moved the equipment in time and caught the water in buckets,
however, the situation will need continuous monitoring until the roof
repairs are complete. The system availability during prime shift for
the first ten months of 1983 stands at 98.6%. For 24 hours/day, 7 days/
week, the system availability was 97.8%. The new tape drive installation
was delayed to avoid any problems in processing the special election.
The new installation date is now scheduled during the first two weeks
of December. They are still on the learning curve in the areas of
office automation and word processing. However, this is a critically
important area and a team of knowledgeable staff experts is being developed
for a concentrated effort during 1984. The Communications Department
activities are not being addressed here as they are covered by the Director
of Communications in his quarterly reports to the Board, stated Mr.
Rhinesmiith. The Chairman commented on the exposure of the conduit on the
roof and wondered if it should not be protected. Commissioner Brantner
commended Mr. Rhinesmith and his staff for the wonderful job they are
doing reorganizing the Communications Department. The Chairman and
other Commissioners agreed with Commissioner Brantner's remark.
Andy Petruzzi, Superintendent of Buildings and Grounds, was not present.
BUSINESS
NEW: RECONSIDERATION OF DECISION RE: USR, OIL & GAS WELL PRODUCTION WATER
DISPOSAL SITE & CERTIFICATE OF DESIGNATION, ARVIN G. MARTENSEN:
Commissioner N. Carlson announced that he had requested that this item
be placed back on the agenda because he has felt uncomfortable about
his decision. Commissioner N. Carlson reported that new information
regarding operational standards has been submitted and probably this
matter should not be acted upon today. Therefore, Commissioner N.
Carlson moved to reconsider the decision on these matters on December
12, 1983, at 9:00 A.M. Commissioner Martin seconded the motion. The
County Attorney, Thomas O. David, suggested that these matters be
• Page 2, November 23, 1983
listed on the agenda ,as the last item on the agenda for Incember 12th.
Commissioner Johnson questioned the notice procedure for reconsideration.
The County Attorney suggested that everyone who originally received a
notice on these matters be mailed a copy of the Resolution reflecting
today's action. Commissioner Brantner said that he would support the
motion because new development standards have been presented, however,
he has not changed his position at this time. The motion carried
unanimously.
CONTRACT WITH NELSON ENGINEERS: Mr. Warden presented the contract to
the Board. The services to be perfoined are incidental to the following
project; Engineering Services for the construction of County Road #5,
from State Highway #7 to County Road #6, and surfacing of approximately
0 of a mile of County Road #6 west from County Road #5, in accordance
with Weld County and the State of Colorado requirements. Mr. Warden
reminded the Board that this contract is in conjunction with Colorado
Landfill access which the Board has been discussing. Mr. Warden stated
that this contract will be the preliminary engineering necessary to
accomplish the formation of a local improvement distrct. The funding
will come from the local improvement district and from the County's
5% solid waste surcharge. The contract is approximately 6.6% of the
total construction costs. The County Engineer has reviewed the
contract, made amendments and has recommended approval of said contract.
Commissioner Brantner moved to approve said contract and authorize
the Chairman to sign same. Commissioner Martin seconded the motion
and it carried unanimously.
CONVERSION OF SHERIFF'S OFFICE PROPERTY: Mr. Warden stated that the
Weld County Sheriff has requested permission to convert the following
items to his office pursuant to Ordinance #28, Section 11:
1. Smith/Wesson Model 10 revolver, serial number D995072
2. Smith/Wesson Model Military Issue revolver, serial number V125578
3. Pentax 35mm camera, serial number 3674993, with case, lens and
assorted filters.
Items #1 and #2 will be used for training purposes by the Field
Operations Department. Item #1 used in a suicide, owner of gun did not
want it returned to him. Item #2 taken from a D.U.I. subject in 1978,
did not respond to certified mail. Item #3 was found property no owner
located, and cleared through CCIC/NCIC. Item #3 will be used by the Crime
Scene Techs as supplemental equipment. Commissioner Brantner moved to
Tape change convert the above mentioned articles to the Sheriff's Office pursuant
#83-140 to his request and Ordinance #28. Commissioner Johnson seconded the
motion and it carried unanimously.
PLANNING DEPARTMENT: ZPMH #809 - BENJAMIN: This request is for one mobile home to
be used as a principal dwelling on Lots 12, 13, 14 and 15, Block 18
of the Town of Gill, Colorado. The Department of Planning Services
staff recommendation for approval was conditional upon the following:
•
1. The applicant applying for a building permit for the mobile hone
within 30 days from the date of approval by the Board of County Commissioners.
2. The site shall meet pork test requirements prior to the issuance of a
building permit-
3. Prior to the issuance of a building permit, the owner shall submit
evidence that North Weld County Water District is supplying water in such
a manner as to be adequate in quality, quantity and dependability for
the proposed use.
4. The mobile hone shall not be occupied until such time that the
applicant has complied with Conditions 1, 2 and 3 above.
{ Bill Benjamin stated that he has purchased a water tap from North Weld
Water District and he will have water by the first of December, 1983.
Mr. Benjamin commented on the reasons why he plans to make his hone
on this property. After review, Commissioner Brantner moved to approve
this request and include the conditions as recommended by the Planning
•
staff. Commissioner Johnson seconded the motion and it carried unanimously.
Page 3, November 23, 1983
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