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Home My WebLink About20121167 AGENDA 2012-1167 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, MAY 7, 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 May 2, 2012 CERTIFICATION OF HEARINGS: Hearings conducted on May 2, 2012: 1) Show Cause Hearing, PCSC-0001, re: USR #1431 — Marlin Ness 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 #61200075, Crackfiller Material - Department of Public Works [2012-1168] 2) Present Bid #61200083, Surface Gravel Supply— Department of Public Works [2012-1169] NEW BUSINESS: 1) Consider Child Protection Agreement for Services and authorize Chair to sign — Leahy Neurofeedback Center, LLC [2012-1170] 2) Consider Purchase of Services Agreement and authorize Chair to sign — Northeast Health Department [2012-1171] 3) Consider Petition for Abatement or Refund of Taxes — Oire Colorado C, LLC, c/o Marvin F. Poer and Company [2012-1172] 4) Consider Nonexclusive License Agreement Concerning Installation of Irrigation Line beneath CR 37 and authorize Chair to sign — City of Thornton [2012-1173] 5) Consider Nonexclusive License Agreement Concerning Installation of Electrical Conduit beneath CR 43 and authorize Chair to sign — Perry Wiedeman [2012-1174] 6) Consider Nonexclusive License Agreement Concerning Installation of Culvert beneath CR 68 and authorize Chair to sign —Wells Ranch [2012-1175] Monday, May 7, 2012 <573/ Page 1 2012-1167 www.co.weld.co.us BC0016 NEW BUSINESS (CON'T): 7) Consider Renewal Application for Retail Liquor Store License and authorize Chair to sign — Dorothy M. Zitek, dba Hereford Package Liquor [2012-1176] 8) Consider Appointment of Deputy District Attorney and authorize Chair to sign — Christopher Jewkes [2012-1177] Monday, May 7, 2012 Page 2 2012-1167 www.co.weld.co.us BC0016 CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: 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 15 - Workforce Development Board 11:30 AM May 15 - 911 Emergency Telephone Service Authority Board 12:00 PM May 15 - Planning Commission 1:30 PM May 16 - Emergency Medical Services Council 5:00 PM May 17 - Greeley-Weld County Airport Authority 3:30 PM 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 14 - Consider Initial Hearing Concerning Rescinding USR #1709 - Suncor Energy (USA) Pipeline Company (con't from 3/12/12) May 30 - Consider Initial Hearing Concerning Rescinding USR Permit #1650 — United Farmers Cooperative, (con't from 3/26/12) 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) Aug 1 - Consider Suspension/Revocation of Colorado Retail Food Establishment License - Culver's Restaurant (con't from 5/2/2012) 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 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, May 7, 2012 Page 3 2012-1167 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, c/o Jorge Vega [located east of and adjacent to County Road 55; and south of and adjacent to County Road 74] (Planner- Gathman) (con't from 4/25/2012) 10:00 AM June 13 - Docket #2012-34, PL2162 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0008, for a 300-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District, Weld County Department of Public Works [located west of and adjacent to County Road 31 and .5 miles north of County Road 16] (Planner — Parko) 10:00 AM June 13 - Docket #2012-35, PL2163 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0012, for a 300-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District, Weld County Department of Public Works [located east of and adjacent to 1-25 Frontage Road, and north of and adjacent to County Road 24.5] (Planner— Parko) 10:00 AM Monday, May 7, 2012 Page 4 2012-1167 www.co.weld.co.us BC0016 HEARINGS (CON'T): June 20 - Docket #2012-36, PL2124 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0009, for a Major Facility of a Public Utility (two (2) miles of single circuit 115-kilovolt (kV) electric transmission line, to connect into the LaSalle Gas Plant (USR #1792) Substation Facility, and one (1) switching station at the point of interconnection from the Western Area Power Administration [WAPA] Transmission Line) in the A (Agricultural) Zone District, Highland Properties 1411, LLC / Thistle Down, Inc. / DCP Midstream, LP / FRICO, c/o Tri-State Generation and Transmission Association [located south of County Road 54 in an easement west of County Road 51 to a property in the NW1/4 of County Roads 50 and 51] (Planner—Ogle) 10:00 AM June 20 - Docket #2012-37, PL2165 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0014, for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District, Dillard Family, LLC, c/o Noble Energy [located south of and adjacent to the County Road 84 section line, and west of and adjacent to the County Road 57 section line] (Planner— Ogle) 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, c/o 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't 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 Oct 3 - 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) (con't from 5/2/2012) 10:00 AM REPORTS: 1) Weld County Public Trustee, First Quarter Reports for January 1, through March 31, 2012 COMMUNICATIONS: 1) Bonanza Creek Energy, Inc., Notice received May 2, 2012 re: Updated address 2) Department of Planning Services, Addition to File PL0881, Document #2012-0232, USR #966 — Waste Management Disposal Services of Colorado, Inc. /dba Buffalo Ridge Landfill 3) Department of Planning Services, Addition to File PL0777, Document#2012-0129, USR #895 — Waste Management Disposal Services of Colorado, Inc. / North Weld Landfill 4) Dr. Barry Goldsmith, Letter dated April 25, 2012, re: Violation of Weld County Home Rule Charter regarding Weld County Paramedic Service 5) Jean Sickels, Audit Report re: Weld County Housing Authority, for year ending December 31, 2011 Monday, May 7, 2012 Page 5 2012-1167 www.co.weld.co.us BC0016 PUBLIC REVIEW: 1) City of Greeley, Petition, Resolution, and Maps re: Poudre Ponds 1st and 2nd Annexation 2) Colorado Department of Public Health and Environment, Air Pollution Control Division, Notice of Proposed Renewal Title V Operating Permit #03OPWE260, Warranting Public Comment — Waste Management of Colorado, Inc. / Buffalo Ridge Landfill 3) Colorado Department of Public Health and Environment, Division of Air Pollution Control, Notice of Request for Synthetic Minor Permit #12WE1107 for Crude Oil and Natural Gas Production Facility— EOG Resources, Inc. 4) Colorado Department of Natural Resources, Division of Reclamation, Mining, and Safety, Notice of 110c Construction Materials Reclamation Permit #M-1990-133 Release Request Consideration —Johns Meats, Inc. RESOLUTIONS (Please see document for signature and/or execution date): 1) Action of the Board Concerning Petition for Abatement or Refund of Taxes - James H. Turner/Wells Fargo/ US Bank, c/o Jim Schwalls and Associates, Inc. [2012-1146] 2) Approve Establishing the Neighborhood to be Served, Designating a Commissioner to Make On-Site Inspection, and Setting Hearing Date Concerning Application of Carpo, LLC, and 7-Eleven, Inc., dba 7-Eleven Store #39510, for a 3.2 Percent Beer (Off- Premises) Retail License [2012-1147] 3) Approve Installation of Traffic Control Devices on CR 49 between CRs 32 and 42 [2012-1148] 4) Approve Quit Claim Deed for Poudre Ponds Second Annexation —City of Greeley [2012-1149] 5) Approve Cancellation of Board of County Commissioners Meeting Scheduled for June 6, 2012 [2012-1150] 6) Action of the Board Concerning Suspension/Revocation of Colorado Retail Food Establishment License - Culver's Restaurant [2012-1151] 7) Action of the Board Concerning Show Cause Hearing, PCSC-0001, re: USR #1431 — Marlin Ness [2012-1165] MISCELLANEOUS: * 1) Warrants— May 2, 2012, Weld and Human Services [2012-1156] * 2) Warrants— May 1, and May 4, 2012 [2012-1178] * 3) Appointment of Deputy District Attorney— Christopher Jewkes [2012-1177] * 4) Agreement for Professional Services — Kristan Williams [2012-1179] * 5) Child Protection Agreement for Respite Care Services — Cindy Almond [2012-1180] * 6) Division Order to Noble Energy, Inc. — S23, TBN, R61W [2012-1181] * 7) Division Order to Noble Energy, Inc. — S18, T6N, R62W [2012-1182] * Signed this date Monday, May 7, 2012 Page 6 2012-1167 www.co.weld.co.us BC0016 Hello