HomeMy WebLinkAbout992432.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 4, 1999
TAPE #99-30
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 4, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
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 Geile moved to approve the minutes of the Board of County
Commissioners meeting of September 29, 1999, as printed. Commissioner
Kirkmeyer seconded the motion, and it carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Baxter 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 $555,398.90
Electronic Transfers -All Funds $795,675.30
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Vaad seconded the motion,which carried unanimously.
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BUSINESS:
NEW: CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT
HEAD START PROJECT CARRY OVER BALANCE REQUEST: Walt
Speckman, Director of Human Services, stated this application corrects the
previous request from $115,000 to $112,000. Commissioner Geile moved to
approve said application and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER 1999-2000 YOUTH CRIME PREVENTION AND INTERVENTION
GRANT SUBCONTRACT AND AUTHORIZE CHAIR TO SIGN - CITY OF
GREELEY: Nancy Haffner, District Attorney's Office,stated this subcontract will
help assist with various youth programs. Commissioner Baxter moved to
approve said subcontract and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF 83RD AVENUE BETWEEN
HIGHWAY 34 AND WELD COUNTY ROAD 54; AND 28TH STREET
BETWEEN 83RD AVENUE AND HIGHWAY 34: Commissioner Vaad moved to
approve said closures. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENT TO COMMUNITY
CORRECTIONS BOARD: Commissioner Kirkmeyer moved to appoint Juan
Lopez and reappoint Michael Guthrie with terms to expire August 1, 2002.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER ENDORSEMENT OF SUPPORT FOR REFERENDUM A(TRANS):
Commissioner Kirkmeyer moved to endorse Referendum A (TRANS).
Seconded by Commissioner Vaad, the motion carried unanimously.
PLANNING: CONSIDER CORRECTION OF LEGAL DESCRIPTION CONCERNING
RECORDED EXEMPTION #1424: Bruce Barker, County Attorney, stated the
error in a legal description was discovered following a survey of the property.
Commissioner Kirkmeyer moved to approve said resolution. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER REQUEST FROM RAY-GLO HOLSTEINS TO PRE-ADVERTISE
SPECIAL REVIEW PERMIT:Sheri Lockman, Department of Planning Services,
stated Ray-Glo Holsteins would like to pre-advertise the notice for its hearing
before the Board of Commissioners to speed up the usual processing time.
Commissioner Kirkmeyer commented the hearing date may be affected by
holiday vacations. Commissioner Kirkmeyer moved to approve said request.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER CONDITION OF APPROVAL #2.D OF SITE SPECIFIC
DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1219 - SAND
LAND, INC. % PASQUALE AND JACQUELINE VARRA: Lee Morrison,
Assistant County Attorney, stated the applicant's representative and a
representative for HS Resources are present. He explained Condition of
Approval #2.D requires the applicant to provide evidence of reasonable
Minutes, October 4, 1999 992432
Page 2 BC0016
accommodation. He stated the applicant and mineral owner have been working
to negotiate a surface use agreement, which is in written form. He stated the
draft agreement needs to be corrected in paragraph #9 to change the word
"H.S.R." to "Developer." He further stated there are nine oil and gas wells
located on the property, and the various leases have made it more difficult to
draft an agreement. Thomas Ripp represented Christopher Varra, applicant,
and stated Mr. Varra is willing to sign the agreement in accordance with
Condition of Approval #2.D and feels a reasonable accommodation has been
made. Mr. Morrison stated Donald French represents HS Resources, which is
requesting this matter be continued to Wednesday to allow HS Resources
personnel time to review the agreement and sign it prior to final consideration
of Condition of Approval #2.D. In response to Commissioner Geile, Mr.
Morrison stated he has no concerns with the terms of the agreement; however,
Weld County is not a party to the agreement. Mr. Morrison stated it would be
better to allow the applicant and HS Resources to resolve the terms of the
agreement prior to the Board's decision rather than modifying the terms later.
Mr. Ripp stated the surface use agreement is evidence that the applicant has
made reasonable accommodation. He stated Mr.Varra feels it is unfair that the
cil and gas operator does not have to show reasonable accommodation and has
this much control over what the applicant is able to do. Mr. Ripp reiterated there
a,re various leases located on the property and the applicant does not want to
enter into an agreement which will significantly alter the terms of the original
leases. He stated Sand Land, Inc., has made reasonable accommodation
regardless of whether HS Resources agrees to sign the agreement. In
response to Commissioner Kirkmeyer, Mr. Ripp stated the applicant is willing to
sign the agreement today. Mr. Morrison added the Board can hold Sand Land
to the terms in the agreement. Responding to Commissioner Kirkmeyer, Mr.
Ripp stated HS Resources will need to address its concerns with the terms.
Daniel French, HS Resources representative, stated there are nine producing
cil and gas wells on the property and due to new technology the company may
need more room to work on wells, and it wants to ensure its production is not
affected by mining operations. He stated HS Resources has agreed to let Sand
Land, Inc., mine within 25-feet of a well head; however, it must still consider the
various safety factors while getting the most out of drilling and mining. He
requested this matter be continued to Wednesday to allow enough time to
review the agreement. In response to Commissioner Baxter, Mr. French stated
continuing this matter to Wednesday will be adequate time to get the agreement
finalized and signed. Responding to Commissioner Geile, Mr. Morrison stated
it could be argued that the existing leases are sufficient, therefore, a separate
written agreement is preferable. In response to Commissioner Kirkmeyer, Ms.
Lockman stated Use by Special Review #1219 for Sand Land, Inc., was
approved on April 28, 1999. In response to Chair Hall, Mr. Morrison stated if the
agreement is finalized, this matter will not need to be listed on Wednesday's
agenda. Upon rebuttal, Mr. Ripp stated the applicant would prefer the Board
determine that the existence of the agreement shows adequate
accommodation; however, they will wait until Wednesday if necessary.
Commissioner Geile moved to continue this matter to Wednesday, October 6,
1999, at 9:00 a.m. to allow the parties adequate time to provide a signed
agreement. Seconded by Commissioner Baxter, the motion carried
unanimously. Chair Hall clarified if the agreement is signed, the matter will not
be listed on Wednesday's agenda.
Minutes, October 4, 1999 992432
Page 3 BC0016
FINAL READING OF ORDINANCE#207, IN THE MATTER OF ADOPTING A
COORDINATED PLANNING AGREEMENT BETWEEN THE COUNTY OF
WELD AND THE TOWN OF KEENESBURG: Commissioner Baxter moved to
read Ordinance #207 by title only. Seconded by Commissioner Vaad, the
motion carried unanimously. Mr. Barker read said title into the record. No
public testimony was offered concerning this matter. Commissioner Kirkmeyer
moved to approve Ordinance #207 on final reading. Seconded by
Commissioner Vaad, the motion carried unanimously.
FINAL READING OF ORDINANCE#208, IN THE MATTER OF ADOPTING A
COORDINATED PLANNING AGREEMENT BETWEEN THE COUNTY OF
WELD AND THE TOWN OF EVANS: Commissioner Baxter moved to read
Ordinance #208 by title only. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously. Mr. Barker read said title into the record. No
public testimony was offered concerning this matter. Commissioner Kirkmeyer
moved to approve Ordinance #208 on final reading. Seconded by
Commissioner Baxter, the motion carried unanimously. In response to
Commissioner Vaad, Mr. Barker stated the Ordinance will be corrected to refer
to the City of Evans rather than the Town of Evans.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinances #207 and #208 were approved on final reading.
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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
(/ ' e �j ,• WELD COUNTY, COLORADO
ATTEST: i0 ._// /� ��w IFIZ,a EXCUSED DATE OF APPROVAL
Dal K. Hall, Chair
Weld County Clerk to the Boar tv3' ,
,..,
J p i y , arbar J. Kirkmeyer, P o-Tem
�.di;7l" r / '�, i(. i 4,�
Deputy Clerk to the Board N 3„.,-
YGeorge'E. xter
ei e
Glenn aad----
Minutes, October 4, 1999 992432
Page 4 BC0016
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