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Home My WebLink About20123476.tiff AGENDA 2012-3476 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, DECEMBER 10, 2012 9:00 a.m. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher MINUTES: Approval of minutes of December 5, 2012 CERTIFICATION OF HEARINGS: Hearings conducted on December 5, 2012: 1) USR12-0060 - Shirley Dahl and Jana Birdwell 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) Conduct Oral Auction for Oil and Gas Lease and authorize Chair to sign — NE1/4, S5, T9N, R59W (160.0 acres) [2012-3477] 2) Conduct Oral Auction for Oil and Gas Lease and authorize Chair to sign — N1/2 NE1/4, NE1/4 NW1/4, S27, T9N, R62W (95.44 acres)- NO BID [2012-3478] NEW BUSINESS: 1) Consider Temporary Closure of CR 61 between CRs 48 and 59 [2012-3479] 2) Consider Agreement for Provision of Water and Sewer Service in Exchange for Real Property and Improvements and authorize Chair to sign -Town of Grover [2012-3480] 3) Consider Appointment of Susan Brown as Deputy Clerk to the Board [2012-3481] 4) Final Reading of Code Ordinance #2012-11, In the matter of Repealing and Re-enacting, with amendments, Chapter 3 Human Resources, of the Weld County Code [2012-3482] Legals [2012-3059] Monday, December 10, 2012 Page 1 2012-3476 i a//,3 www.co.weld.co.us BC0016 PLANNING OLD BUSINESS: 1) Consider Initial Hearing Concerning Rescinding USR #1741 — Roswell and Kerry Checketts (con't from 9/10/2012) [2012-3483] PLANNING NEW BUSINESS: 1) Consider Improvements Agreement According to Policy Regarding Collateral for Improvements, authorize Chair to sign, and Accept Collateral for USR12-0044 - Leonard and Janyce Harms [2012-3484] 2) Consider Improvements Agreement According to Policy Regarding Collateral for Improvements, authorize Chair to sign, and Accept Collateral for USR12-0042 - O&M Harms, LLC [2012-3485] 3) Consider Cancellation and Release of Collateral for USR-1723 - Cedar Creek II, LLC, c/o BP Wind Energy North America, Inc. [2012-3486] 4) Consider Vacation of Conditional Use Permit, CUP-17 - James and Elizabeth Miller [2012-3487] 5) Consider Request Concerning Review of Development Standard #25 for USR11-0015 - A.C. Trucking, LLC, c/o Eliseo Alcantar (con't to 12/12/2012) [2012-3488] 6) Consider Subdivision Exemption, SUBX12-0016 - Bruce Sandau, Robert Sandau, and Bartels Family, LLC [2012-3489] HEALTH NEW BUSINESS: 1) Consider Suspension/Revocation of Colorado Retail Food Establishment License - Double Tree Restaurant and Lounge [2012-3490] Monday, December 10, 2012 Page 2 2012-3476 www.co.weld.co.us BC0016 CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: Dec 13 - Weld Faith Partnership Council 7:30 AM Dec 13 - Area Agency on Aging Advisory Board 9:00 AM Dec 17 - Board of Trustees for NCMC 12:00 PM Dec 17 - Juvenile Community Review Board 12:00 PM Dec 18 - Regional Communications Advisory Board 11:00 AM Dec 18 - 911 Emergency Telephone Service Authority Board 12:00 PM Dec 18 - Planning Commission 1:30 PM Dec 20 - Community Corrections Board 12:00 PM Dec 20 - Extension Advisory Council 12:00 PM Dec 20 - Greeley-Weld County Airport Authority 3:30 PM Dec 24 - HOLIDAY CLOSED Dec 25 - HOLIDAY CLOSED 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 Dec 17 - Final Reading of Code Ordinance #2012-12, In the Matter of Repealing and Re- enacting, with amendments, Chapter 8 Public Works, of the Weld County Code Dec 17 - Consider Recorded Exemption #4443 — Shaw Family, LLLP (con't from 6/18/12) Dec 17 - Consider Initial Hearing Concerning Rescinding USR Permit #1736 — Robert Collins (con't from 12/14/2011) Dec 17 - Consider Initial Hearing Concerning Rescinding USR Permit #1671 — Weld County Department of Public Works (con't from 12/14/2011) Dec 17 - Final Reading of Code Ordinance #2012-7, In the Matter of Repealing and Re-enacting, with Amendments, Chapter 29 Building Regulations, of the Weld County Code Dec 19 - Consider Bylaws for the Weld County Drug Task Force Asset Seizure/Forfeiture Oversight Committee and authorize Chair to sign (con't from 11/14/2012) Dec 26 - Final Reading of Code Ordinance #2012-13, In the Matter of Repealing and Re- enacting, with Amendments, Chapter 2 Administration, and Chapter 5 Revenue and Finance, of the Weld County Code Dec 26 - Second Reading of Code Ordinance #2012-14, In the Matter of Repealing and Re- Enacting, with Amendments, Chapter 6 Law Enforcement, of the Weld County Code Jan 7, 2013 Consider Initial Hearing Concerning Rescinding Use by Special Review Permit #1709 - Suncor Energy (USA) Pipeline Company (con't from 10/15/2012) Jan 9, 2013 - Consider Final Hearing Concerning Rescinding USR Permit #1590 — Contreras Farms Inc. (con't from 1/9/2012) Jan 14, 2013 Final Reading of Code Ordinance #2012-14, In the Matter of Repealing and Re- Enacting, with Amendments, Chapter 6 Law Enforcement, of the Weld County Code HEARINGS: Dec 12 - Docket #2012-95, Annual Meeting and Proposed 2013 Budget for Beebe Draw Law Enforcement District Authority Board 9:00 AM Dec 12 - Docket #2012-96, Annual Meeting and Proposed 2013 Budget for Weld County Pioneer Community Law Enforcement Authority District 9:00 AM Dec 12 - Docket #2012-97, Annual Meeting and Proposed 2013 Budget for Southwestern Weld County Law Enforcement Authority District 9:00 AM Monday, December 10, 2012 Page 3 2012-3476 www.co.weld.co.us BC0016 HEARINGS (CON'T): Dec 12 - Docket#2012-98, 2013 Final Budget Hearing 9:00 AM Dec 12 - Docket #2012-81, PL2191 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0056, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (crude oil truck unloading and oil polishing facility, compressor facility, central processing facility and future water recycling facility) in the A (Agricultural) Zone District, Leonard and Tammie Ball, do Noble Energy [located south of and adjacent to Highway 14; approximately 0.5 miles east of CR 71] (Planner—Gathman) (con't from 11/07/2012) 10:00 AM Dec 12 - Docket #2012-82, PL2192 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0057, for a Mineral Resource Development Facility, including an Oil and Gas Support Facility and Storage Facility (oil and gas central processing facility along with an oil storage tank), in the A (Agricultural) Zone District, Steven and Teresa Wells/Wells Ranch [located south of and adjacent to the intersection of CR 67 and CR 68] (Planner—Gathman) (con't from 11/07/2012) 10:00 AM Dec 12 - Docket #2012-70, PL2127 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0045, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivision (oil field equipment manufacturing facility) in the A (Agricultural) Zone District, Doris Cunningham and C and H Excavating, LLC [located east of and adjacent to CR 33 and 1/2 mile south of CR 86] (Planner Gathman) (con? from 10/10/2012) 10:00 AM Dec 19 - Docket #2012-91, PL2195 - A Site Specific Development Plan and Use By Special Review Permit, USR0054, For A Mineral Resource Development Facility, Including An Oil And Gas Support and Service (Parking, Staging, And Maintenance Of Oil And Gas Water Service Trucks) In The A (Agricultural) Zone District — Rande Bernal And Gilbert Bernal, [located east of and adjacent to CR 55; approximately 1/4 mile north of CR 48] (Planner— Gathman) 10:00 AM Dec 19 - Docket #2012-94, PL2196 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0059, for a Multi-Use Recreation Park (motorcross) in the A (Agricultural) Zone District, Dawn Scena, c/o Norman Law [located east of and adjacent to CR 55; approximately 0.25 miles north of CR 20] (Planner-Aungst) 10:00 AM Dec 19 - Docket #2012-101, PL2197 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0070, for Mineral Resource Development Facilities, including Oil and Gas Support and Service (including oil and gas processing facilities and related equipment, including, but not limited to, five (5) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market), and one (1) Telecommunication Tower to seventy (70) feet in height in the A (Agricultural) Zone District, Wells Ranch [located south of CR 66; east of CR 67] (Planner- Kim Ogle) 10:00 AM Monday, December 10, 2012 Page 4 2012-3476 www.co.weld.co.us BC0016 HEARINGS (CON'T): Dec 19 - Docket #2012-102, PL0038 - A Site Specific Development Plan and Amended Use by Special Review Permit, USR12-069, (formerly AmUSR- 729), for a Mineral Resource Development Facility, including Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility and associated facilities) in the A (Agricultural) Zone District, Lyster Family Farms Partnership, do High Sierra Water Services [located north of and adjacent to CR 64; approximately 0.5 miles west of CR 47] (Planner- Kim Ogle) 10:00 AM Jan 2 - Docket #2013-01, PL2198 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0058, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (water hauling) in the A (Agricultural) Zone District, Timothy Thompson, do A&W Water Service, Inc. [located west of and adjacent to U.S. Highway 85; north of and adjacent to CR 36] (Planner - Diana Aungst) 10:00 AM Jan 2 - Docket #2013-04, PL2201 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0064, for a Mineral Resource Development Facility including, an Oil and Gas Support and Service (water hauling), in the A (Agricultural) Zone District, David and Kayleen Hunt, c/o A&W Water Service, Inc. [located west of and adjacent to U.S. Highway 85; south of and adjacent to CR 40] (Planner- Diana Aungst) 10:00 AM Jan 9 - Docket #2013-03, PL2200 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0066, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (vehicle parking, vehicle and equipment storage, and vehicle and equipment maintenance associated with an oilfield service facility) in the A (Agricultural) Zone District, Lewis and Sedonia Herrera [located east of and adjacent to CR 69; south of CR 80] (Planner- Diana Aungst) 10:00 AM Jan 9 - Docket #2013-05, PL2200 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0061, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (parking, staging and maintenance of oil and gas trucks) in the A (Agricultural) Zone District, Russell Justice and Julee Reynolds [located east of and adjacent to CR 49; north of and adjacent to CR 42 (Hwy 34)] (Planner- Diana Aungst) 10:00 AM Jan 16 - Docket #2013-07, PL2204 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0068, for a Home Business (saddle, bridle, and leather goods sales) in the A (Agricultural) Zone District, Richard and Joyce Van Proosdy [located east of and adjacent to CR 1; approximately 1.25 miles north of State Highway 119] (Planner - Chris Gathman) 10:00 AM Monday, December 10, 2012 Page 5 2012-3476 www.co.weld.co.us BC0016 HEARINGS (CON'T): Jan 16 - Docket #2013-06, PL2203 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0062, for a use permitted as Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (manufacturing, fabrication and painting of oil and gas and agricultural equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, RF Holdings, LLC [located approximately 0.5 miles south of CR 30 and approximately 1 mile east of CR 43] (Planner- Chris Gathman) 10:00 AM REPORTS: 1) Clerk and Recorder, Recording, Daily Statement of Business for October, 2012 COMMUNICATIONS: 1) County Council, Agenda for December 17, 2012 2) Department of Planning Services, Addition to File PL0777, USR-895, Document #2012-0129 - Waste Management Disposal Services of Colorado, Inc. / North Weld Landfill 3) County Attorney's Office, Addition to File LE0172(2), E-mail re: Cancelled Invoices from Anadarko Petroleum Corporation 4) Weld County Contact, Unsigned E-mail of Opposition concerning Ordinance #2012-14 re: Operation of Marijuana Facilities, dated December 5, 2012 5) Steve Anderson, E-mail of Opposition concerning Ordinance #2012-14 re: Operation of Marijuana Facilities, dated December 4, 2012 6) Baja Broadband, Letter re: Rate Adjustments for Cable Television, dated November 28, 2012 PUBLIC REVIEW: 1) Lyons, Gaddis, Kahn and Hall, Letter re: Court Order of Inclusion in Thompson Rivers Parks and Recreation District, Bernhardt Farms Annexation to the Town of Milliken, Case No. 94 CV.272 RESOLUTIONS (Please see document for signature and/or execution date): 1) Action of the Board Concerning Petition and Annexation Agreement for CR 26 — City of Longmont [2012-3462] 2) Approve Submittal of Additional Evidence and Uphold Approval of Application for Hotel and Restaurant Liquor License - Longmont Sports Academy, LLC, dba Longmont Sports Academy [2012-3463] 3) Approve Installation of Traffic Control Devices on CR 17 at CR 28 [2012-3464] 4) Approve Contract for CDOT 1-25 Managed Lanes TIGER Grant [2012-3465] 5) Approve Budget Modification to Internet Crimes Against Children's (ICAC) Grant for Digital Multimedia Training [2012-3466] 6) Approve USR12-0060 - Shirley Dahl and Jana Birdwell [2012-3369] ORDINANCES: 1) Final Reading of Code Ordinance #2012-11, In the matter of Repealing and Re-enacting, with amendments, Chapter 3 Human Resources, of the Weld County Code [2012-3482] Legals [2012-3059] Monday, December 10, 2012 Page 6 2012-3476 www.co.weld.co.us BC0016 MISCELLANEOUS: * 1) Warrants - December 4 and 5, 2012, Weld and Human Services [2012-3475] * 2) Warrants— December 4 and 7, 2012 [2012-3498] * 3) Addendum to Agreement for Inmate Health Services - Correct Care Solutions, LLC [2012-3051] * 4) Intergovernmental Agreement for Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing within Municipal Boundaries -Town of New Raymer [2012-3492] * 5) Intergovernmental Agreement for Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing within Municipal Boundaries - Town of Erie [2012-3493] * 6) Division Order to PDC Energy, Inc. (Stille 12-6H NB) - SW1/4 NW1/4, $6, T6N, R64W [2012-3494] * Signed this date Monday, December 10, 2012 Page 7 2012-3476 www.co.weld.co.us BC0016 Hello