HomeMy WebLinkAbout992639.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 1, 1999
TAPE #99-34
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, November 1, 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 October 2'7, 1999, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearing
conducted on October 27, 1999, as follows: 1) Change of Zone#529 from A (Agricultural) Zone District
to 1-3 (Industrial) Zone District, Hoshiko Farms, Inc. Commissioner Geile seconded the motion, which
carried unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 1) Consider Contract to Buy
and Sell Real Estate for Migrant Head Start Program in Grand Junction and authorize Chair to sign
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
, 992639
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $491,084.45
Electronic Transfers - All Funds $770,578.36
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner
Baxter seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACT TO BUY AND SELL REAL ESTATE FOR MIGRANT HEAD START PROGRAM
IN GRAND JUNCTION AND AUTHORIZE CHAIR TO SIGN:Walt Speckman, Director of Human Services,
stated this contract is for the purchase of a one-acre parcel at$1.82 per square foot for a total of$90,000,
as well as $3,000 earnest money. Mr. Speckman stated the local schools are getting overcrowded and
this site will be used to relocate the Head Start program from the school district to an independent site.
Commissioner Geile moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Vaad, tie motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO JUVENILE COMMUNITY REVIEW BOARD:
Commissioner Geile moved to appoint Sunita Sharma and Rebecca Quick and reappoint Jim Gault to the
Juvenile Community Review Board with terms expiring November 1,2002. Commissioner Vaad seconded
the motion, which carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 41 BETWEEN WELD
COUNTY ROADS 28 AND 30 - JOHN AND ELLEN MOSER, MORWAI DAIRY: Bruce Barker, County
Attorney, stated John and Ellen Moser are the owners of Morwai Dairy and are requesting this portion of
right-of-way be vacated because it runs through their dairy operation. Frank Hempen, Jr., Director of
Public Works, stated the request has been reviewed and he recommends approval. Commissioner
Kirkmeyer moved to approve said petition. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 82 FOR THE DISTANCE
OF ONE MILE WEST OF WELD COUNTY ROAD 113- LIVENGOOD: Mr. Barker gave a brief description
of the location of the proposed vacation, and stated appropriate notice was sent to adjacent property
owners. Mr. Hempen expressed concern with this request due to the lack of alternate access routes to
surrounding properties. He stated access to the Diversified Operating Corporation property has historically
entered from the east on Weld County Road 82, and he added that entering from the west will be difficult
due to a portion of the right-of-way which is covered by water during certain times of the year. In response
to Chair Hall, Mr. Hempen stated Weld County Road 82 is used by the petitioner and the local operators
of oil and gas wells in the surrounding area. Responding to Commissioner Baxter, Mr. Hempen reiterated
the road is primarily used by the applicant and Diversified Operating Corporation. In response to
Commissioner Geile, Mr. Barker stated Diversified Operating Corporation owns the mineral rights located
on the east half of the east half of Section 7, as well as the surface rights. Mr. Barker explained State
statute indicates right-of-way cannot be vacated if it leaves parcels without legal access. Responding to
Commissioner Vaad, Mr. Hempen stated there is right-of-way where Weld County Road 86 would be
located; however, there is no established road and there is no right-of-way on Weld County Road 84. In
response to Commissioner Baxter, Mr. Hempen stated Weld County does not maintain the western end
of Weld County Road 82; however, there is a rock path leading to the pond lying across the right-of-way.
Minutes, November 1, 1999 992639
Page 2 BC0016
Brent Coan represented the petitioner and submitted a drawing of the area, marked Exhibit A, and stated
the road being used is not located on the section line right-of-way. He further stated the applicant has
indicated there is more standing water this year than in past years. Mr. Coan submitted a map marked
Exhibit B, as well as photographs, marked Exhibit C, taken from various points indicated on Exhibit A. Mr.
Coan stated Diversified Operating Corporation has graded some of the local roads and destroyed fencing
which the applicant uses to corral cattle and added the fence has not been repaired. Mr. Coan displayed
various photos from sites surrounding the property. In response to Chair Hall, Mr. Coan stated the fence,
which was damaged, follows the power lines within the right-of-way for Weld County Road 82, and a
majority of the existing road is not located within the right-of-way. Responding further to Chair Hall, Ms.
Livengood explained the existing fence helps corral livestock, and they are requesting the right-of-way be
vacated so their property will not be separated. Mr. Coan stated the applicant attempted to enter into an
agreement with Diversified Operating Corporation, but was unsuccessful. In response to Commissioner
Baxter, Ms. Livengood stated the property they own within Section 7 is currently landlocked. Mr. Coan
stated historically the applicants have accessed the landlocked parcel by crossing the land owned by
Diversified Operating Corporation; however, they have been instructed that they are no longer allowed to
use that route. Mr. Coan stated this request is to vacate the public right-of-way, not the existing road. Use
of the existing road will need to be resolved at another time. In response to Commissioner Geile, Mr. Coan
stated the Livengoods previously leased the property which is currently owned by Diversified Operating
Corporation. Responding to Commissioner Baxter, Mr. Coan stated Duke Energy purchases the gas
generated from the wells owned by Diversified Operating Corporation, compresses it and pipes to where
it will be used.
Melvin Dinner, attorney, represented Diversified Operating Corporation and stated there are no alternative
accesses to the property owned by his client. Mr. Dinner displayed maps generated by the U.S.
Department of the Interior Geological Survey, marked Exhibit J, and stated there are no alternate accesses
except from the east, which is currently covered by water. Mr. Dinner read a letter into the record, marked
Exhibit D. In response to Commissioner Kirkmeyer, Mr. Dinner stated there are two miles of right-of-way
located between Sections 8 and 17, and 7 and 18; however, during certain times of the year, the western
end is closed due to standing water. Mr. Dinner submitted a photograph showing the cattle guard at the
entrance of the site, marked Exhibit D, and stated the roadway has not been abandoned and it is still
necessary to allow access to Diversified Operating Corporation and the Amber Waves properties. He
further stated Duke Energy has not been able to access its well in Section 18 due to water at the west end
of the property. In response to Commissioner Vaad, Mr. Dinner stated he is not aware of damage to the
fence owned by the applicant.
Gary Cammon, President of Diversified Operating Corporation, stated he needs the access from the east
in order to operate the wells. Mr. Cammon stated in 1989 when the wells were drilled, the Livengoods
insisted the previous operator access the site from the east, and added the cattle guards were put in place
by the previous operator as well. He stated there is not a fence between Sections 7 and 18, and clarified
he typed the affidavit, marked Exhibit E, and typed it incorrectly. He explained when he asked Edith
Andrews, previous owner of Diversified Operating Corporation property, how the site was historically
accessed, she indicated it has always been accessed by Weld County Road 82 east from Weld County
Road 113. Mr. Cammon stated when the location of the section line was determined, Diversified Operating
Corporation approached the Livengoods and asked whether they would like the road to remain where it
is or relocate it to the appropriate location. They declined and agreed only to a private agreement.
(Switched to Tape#99-35.)
Bruce Tatom stated the east access is the only feasible way to transport oil and gas from the site and they
need to have all weather access to the wells.
Minutes, November 1, 1999 992639
Page 3 BC0016
Richard Martin, Duke Energy Field Services, Inc., stated the compressor station is in operation and has
previously been accessed from the west. He stated Duke Energy helps maintain the western end of Weld
County Road 82 leading to the compressor station; however, over the past two years they have
experienced more problems with water standing on the road. Mr. Martin stated there has been a history
of conflicts between the Livengoods and the various mineral owners in the area and reiterated that the east
access is the best roule for accessing the wells.
Steve Sampson, Morgan County REA, stated he has no concern with the vacation of the public right-of-
way as long as the terms of the private use agreement remain in place allowing them access across the
Livengood property to maintain the electric lines on the site. In response to Commissioner Geile, Mr.
Sampson stated they provide service to both Livengood wells, as well as the Duke Energy compressor
station.
Mr. Coan submitted a petition from surrounding property owners with no objection to the vacation, marked
Exhibit F, as well as letters from Forrest Lewis, attorney for Diversified Operating Corporation, marked
Exhibits G and H, which indicate the company will continue to use the existing road or construct a new road
within the property right-of-way. Mr. Coan also submitted a letter to Mr. Lewis dated July 8, 1999, marked
Exhibit I, requesting that reported damages be fixed. Mr. Coan stated three cattle guards were installed
and one has been removed contrary to an agreement stating the cattle guards would remain the property
of the Livengoods. In response to Commissioner Baxter, Mr. Coan indicated the route of access to the
two wells on the northern property owned by the Livengoods.
In response to Commissioner Baxter, Mr. Barker stated the public right-of-way is thirty feet on either side
of the section line. He explained the existing road may be able to remain in place because it was
established as a road by use, and stated new roads can be established through license agreements. Mr.
Barker further stated the right-of-way is there, even if there is no established road. In response to
Commissioner Geile, Mr. Barker stated road are often created without the knowledge of the Board;
however, there is a formal procedure to follow. In response to Commissioner Vaad, Mr. Hempen stated
there is no County right-of-way for Weld County Road 84. Mr. Barker stated it is not certain how the
northern parcel, owned by the Livengoods, will be accessed.
Commissioner Vaad moved to deny said petition. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLICLY MAINTAINED ROADS)AND ACCEPT COLLATERAL,GRANDVIEW
ACRES MINOR SUBDIVISION, S #469 - LARRY INTERMILL: Frank Hempen, Jr., Director of Public
Works, stated the agreement has been reviewed and he recommends approval. Mr. Morrison explained
Larry Intermill completed most of the necessary work prior to finalizing the Improvements Agreement. Mr.
Morrison stated he drafted an agreement excluding the usual terms; however, it still provides for the
posting of 15 percent warranty collateral for the period of one year in the amount of$1,300. Commissioner
Kirkmeyer moved to approve said agreement,accept collateral, and authorize the Chair to sign. Seconded
by Commissioner Vaad, 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, November 1, 1999 992639
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
Lek . COUNT C LO DO
ATTEST: /�
,.< : CO ,` Dale K. Nall, Chair ,
Weld County Clerk to the B rd 'fr Sj ? , /( / /
LEA2 V{ r Barber- J Kirkmeyer, Pro-Tem
BY. i , / 1
Deputy Clerk to the Boar ,\\, � �
`�1 Georg= taxter
/,
M. . Geil•
/ ii
Glenn Vaad
Minutes, November 1, 1999 992639
Page 5 BC0016
Hello