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Home My WebLink About20121118.tiff AGENDA 2012-1118 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, APRIL 30, 2012 9:00 a.m. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tern Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher MINUTES: Approval of minutes of April 25, 2012 CERTIFICATION OF HEARINGS: Hearings conducted on April 25, 2012: 1) USR #1752 — Abelardo and Nancy Vega, c/o Jorge Vega, and 2) USR11-0012 — Level 3 Communications, LLC AMENDMENTS TO AGENDA: PUBLIC INPUT: Each individual is allowed a three-minute period of time in which to address the Board of County Commissioners on topics which are not on the consent agenda or not on the Board's regular agenda. The Board will refer any topic it is unable to address during the comment period to staff for resolution or for scheduling of a work session. The Board will not take comments regarding matters which are likely to be considered at a future public hearing,such as a land use or violation hearing, and you will be asked to give your testimony at that hearing,either in person or in writing. Combined public input on any topic shall be limited to 15 minutes. APPROVAL OF CONSENT AGENDA: BIDS: 1) Present Bid #B1200084, Car Wash Modernization / Motor Pool Building — Department of Buildings and Grounds [2012-1119] NEW BUSINESS: 1) Consider Standard form of Child Protection Agreement for Respite Care Services between Weld County Department of Human Services and Various Providers [2012-1120] 2) Consider Petition for Abatement or Refund of Taxes — Nicolae, LLC [2012-1121] 3) Consider Agreement for Purchase of Right-of-Way for Construction and Realignment of Portion of CR 53 and Grant of Possession and Use, Accept Deed of Dedication, and authorize Chair to sign necessary documents— L.T.J. Partnership [2012-1122] 4) Consider Nonexclusive License Agreement for Upgrade and Maintenance of CR 136 and authorize Chair to sign — Leonard and Janyce Harms [2012-1123] 5) Consider Temporary Closure of East 16th Street between Balsam and Cedar Avenues [2012-1124] 6) Consider Temporary Closure of CR 43 between CRs 44 and 46 [2012-1125] 7) Consider Temporary Closure of CR 50 between CRs 51 and 53 [2012-1126] 5/P-7Monday, April 30, 2012 Page 1 2012-1118 www.co.weld.co.us BC0016 NEW BUSINESS (CON'T): 8) Consider Acknowledgement of Prior Approval of Todd Creek Village Metropolitan District Service Area Extension into certain portions of Weld County for the purposes of showing compliance with the requirements of proposed Amended Section 32-1-207(2)(D)(IV), C.R.S., of proposed H.B. 12-1239 [2012-1127] 9) Consider Cancellation of Board of County Commissioners Meeting Scheduled for May 23, 2012 [2012-1128] PLANNING: 1) Consider Improvements Agreement According to Policy Regarding Collateral for Improvements, authorize Chair to sign, and Accept Collateral for USR Permit #1668 — Peter and Heather Valconesi [2012-1129] 2) Final Reading of Weld County Code Ordinance #2012-3, In the Matter of Repealing and Reenacting, with Amendments, Chapter 5 Revenue and Finance, Chapter 23 Zoning, and Chapter 24 Subdivisions, of the Weld County Code [2012-1130] Legal Notices [2012-0782] Correspondence [2012-0783] Monday, April 30, 2012 Page 2 2012-1118 www.co.weld.co.us BC0016 CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: May 1 - Board of Retirement 9:00 AM May 1 - Planning Commission 1:30 PM May 7 - Fair Board 7:00 PM May 10 - Weld Faith Partnership Council 7:30 AM May 10 - Area Agency on Aging Advisory Board 9:00 AM May 23 - NO BOARD MEETING CANCELLED May 28 - HOLIDAY CLOSED June 6 - NO BOARD MEETING CANCELLED ITEMS SCHEDULED FOR FUTURE BOARD MEETINGS: This is not a complete listing of items scheduled for future board meetings; however, it is a listing of those items which are deemed to have interest to various citizens. All board meetings begin at 9 AM May 2 - Consider Initial Hearing Concerning Rescinding USR Permit #1650 — United Farmers Cooperative, (con't from 3/26/12) May 2 - Consider Petition for Abatement of Refund of Taxes — James Turner /Wells Fargo / US Bank, c/o Jim Schwalls and Associates, Inc. (con't from 4/9/12) May 14 - Consider Initial Hearing Concerning Rescinding USR #1709 - Suncor Energy (USA) Pipeline Company (con't from 3/12/12) Jun 18 - Consider Recorded Exemption #4443 — Shaw Family, LLLP (con't from 01/16/12) Jul 25 - Consider Petition and Annexation Agreement for CR 26 — City of Longmont (con't from 04/18/12) Sep 10 - Consider Initial Hearing Concerning Rescinding USR #1741 — Roswell and Kerry Checketts (con't from 01/16/2012) Nov 14 - Consider Initial Hearing Concerning Rescinding USR Permit #1704 - Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC (con't from 11/14/11) Dec 17 - Consider Initial Hearing Concerning Rescinding USR Permit #1736 — Robert Collins (con't from 12/14/11) Dec 17 - Consider Initial Hearing Concerning Rescinding USR Permit #1671 — Weld County Department of Public Works (con't from 12/14/11) Jan 9, 2013 - Consider Final Hearing Concerning Rescinding USR Permit #1590 — Contreras Farms Inc. (con't from 1/9/2012) HEARINGS: May 2 - Docket #2012-33, PL1699 — Hearing, PCSC-0001, to Show Whether Good Cause Exists for Revocation of Use by Special Review Permit #1431 for an RV Park and Storage Recreation Area in the A (Agricultural) Zone District, Marlin Ness (Planner—Gathman) 10:00 AM May 9 - Docket #2012-24, PL2155 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0003, for an Oil and Gas Support and Service (storage and maintenance of excavation equipment, semi-trucks and water tanks) in the A (Agricultural) Zone District, Michael and Kimberlea Miller [located south of and adjacent to County Road 72, and east of County Road 29] (Planner - Martin) (con't from 04/18/2012) 10:00 AM Monday, April 30, 2012 Page 3 2012-1118 www.co.weld.co.us BC0016 HEARINGS (CON'T): May 16 - Docket #2012-32, PL2160 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0015, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including farm equipment sales, repair and installation facilities, and uses similar to the uses listed as Uses by Special Review (manufacturing or specialized gooseneck hitches) as long as the use complies with the general intent of the A (Agricultural) Zone District, Dewey and Dorothy Marcy [located south of and adjacent to County Road 60.5, and 0.75 miles west of County Road 49] (Planner- Ogle) 10:00 AM May 16 - Docket #2012-30, PL2159 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0010, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (dental office) in the A (Agricultural) Zone District, Cathy and Alan Whittern [located 500 feet south of State Highway 66, and east of and adjacent to Elmore Road] (Planner— Ogle) 10:00 AM May 16 - Docket #2012-31, PL2161 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0005, for transloading (rail and truck transloading of commodities and materials, including, but not limited to, those for the oil and gas industries, grains, petroleum products, sand, pipe, and storage related to the same) in the I-1 (Industrial) Zone District, Windsor Renewal I, LLC [located south of Eastman Park Drive, and approximately 0.75 mile east of State Highway 257] (Planner— Parko) 10:00 AM May 30 - Docket #2012-27, PL2158 - A Site Specific Development Plan and Use by Special Review Permit#1752 for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: a Commercial Rodeo (outdoor) and one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District, Abelardo and Nancy Vega, do Jorge Vega [located east of and adjacent to County Road 55; and south of and adjacent to County Road 74] (Planner - Gathman) (con?from 4/25/2012) 10:00 AM June 27 - Docket #2012-12, PL1867 - A Site Specific Development Plan and Amended Use by Special Review Permit, USR11-0030 (formerly USR-1664), for an Oil and Gas Production Facility in a PUD (Planned Unit Development Zone District with E (Estate), C-1 and C-2 (Commercial), and R-1, R-2, R-3, and R-4 (Residential) Zone Districts, Bayshore, LLC, do Kerr-McGee Oil and Gas Onshore, LP [located west of and adjacent to County Road 13; north of and adjacent to County Road 28] (Planner- Ogle) (con?from 3/21/2012) 10:00 AM Aug 22 - Hearing to Consider Proposed Service Plan for Dry Creek East Metropolitan Districts Nos. 1 - 5 / Dry Creek East Maintenance Metropolitan District 9:00 AM Monday, April 30, 2012 Page 4 2012-1118 www.co.weld.co.us BC0016 COMMUNICATIONS: 1) Weld County Regional Communications Advisory Board, Minutes from March 26, 2012, and Agenda from April 24, 2012 2) Kenneth Buck, E-mail dated April 23, 2012, re: Objection to the Process Used to transfer Weld County Paramedic Service 3) The GEO Group, Inc., Letter dated April 18, 2012, re: Formation of new GEO Contract Compliance Department 4) County Attorney, E-mail dated April 23, 2012, responding to Letter from CTSI, dated April 19, 2012, re: Medical Marijuana Licensing Indemnification 5) Ken Sharp, Letter dated April 21, 2012, re: Statistics Concerning Dangerous Rural Roads and associated news article 6) Troy Swain, Department of Public Health and Environment, Memorandum dated April 25, 2012, re: Closure Plan, Vacation of A-1 Organics Highway 66 (Platteville) Composting Facility, and associated documents PUBLIC REVIEW: 1) Colorado Department of Public Health and Environment, Division of Air Pollution Control, Notice of Request for Synthetic Minor Permit #11WE3553 for Natural Gas Production Plant — Carrizo Oil and Gas, Inc. 2) Colorado Department of Natural Resources, Division of Reclamation, Mining, and Safety, Notice of 112c Construction Materials Reclamation Permit #M-2000-010 Release Request Consideration — City of Greeley / Island Grove Park RESOLUTIONS (Please see document for signature and/or execution date): 1) Approve Nonexclusive License Agreement Concerning Installation of Irrigation Line beneath and along CRs 18 and 39 — David Dechant [2012-1088] 2) Approve Intergovernmental Agreement Concerning the Ownership and Use of Parcels Located in the Union Colony Subdivision — City of Greeley [2012-1089] 3) Approve Memorandum of Agreement for Adoptive Family Requirements— Project 1.27 [2012-1090] 4) Approve Agreement for Tax Incentive Payments — PTI USA Manufacturing, LLC [2012-1091] 5) Approve Resolution re: Compliance with Senate Bill 12-031 Required Changes to Federal Mineral Lease District Statute for Weld Federal Mineral Lease District and Appointing the Members of the District Board to Staggered Three-Year Terms [2012-1092] 6) Action of the Board Concerning USR #1752 — Abelardo and Nancy Vega, do Jorge Vega [2012-1103] 7) Approve USR11-0012 — Level 3 Communications, LLC [2012-1105] ORDINANCES: 1) Final Reading of Weld County Code Ordinance #2012-3, In the Matter of Repealing and Reenacting, with Amendments, Chapter 5 Revenue and Finance, Chapter 23 Zoning, and Chapter 24 Subdivisions, of the Weld County Code [2012-1130] Legal Notices [2012-0782] Correspondence [2012-0783] MISCELLANEOUS: * 1) Warrants —April 24, 2012, Weld and Human Services [2012-1096] * 2) Warrants —April 27, 2012 [2012-1131] Monday, April 30, 2012 Page 5 2012-1118 www.co.weld.co.us BC0016 MISCELLANEOUS: * 3) Consent to Assignment of Oil and Gas Leases from Baseline Minerals, Inc., to Noble Energy, Inc. —Various Legal Descriptions as shown on Exhibit A [2012-1132] * 4) Retired Employee Employment Contract— Katherine Baxley [2012-1133] * Signed this date Monday, April 30, 2012 Page 6 2012-1118 www.co.weld.co.us BC0016 Hello