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HomeMy WebLinkAbout20122363.tiff AGENDA 2012-2363 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, SEPTEMBER 5, 2012 9:00 a.m. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer- EXCUSED Commissioner David E. Long Commissioner Douglas Rademacher MINUTES: Approval of minutes of August 29, 2012 CERTIFICATION OF HEARINGS: Hearings conducted on August 29, 2012: 1) USR12-0031 — Northeast Grains, LLC/Forrest and Judy Tappy, and 2) USR12-0036 — Robert and Marianne Rohn, c/o Sterling Energy Investments, 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: COMMISSIONER COORDINATOR REPORTS: BIDS: 1) Approve Bid #61200122, Delinquent Tax List Advertisement—Treasurer's Office [2012-2186] NEW BUSINESS: 1) Consider Modification of Justice Assistance Grant (JAG) Award for Northern Colorado Regional Forensic Laboratory Capacity Enhancement [2012-2364] 2) Consider Budget Modification to Coverdell Forensic Science Improvement Program Grant and authorize Electronic Submittal [2012-2365] 3) Consider Modification to Coverdell Grant for Northern Colorado Regional Forensic Laboratory Training [2012-2366] 4) Consider Temporary Closure of CR 10 between CRs 45 and 47 [2012-2367] 5) Consider Temporary Closure of CR 29 between CR 80 and State Highway 14 [2012-2368] 6) Consider Temporary Closure of CR 6 between CRs 47 and 49 [2012-2369] 7) Consider Memorandum of Understanding and authorize Chair to sign — State of Colorado, 19th Judicial District [2012-2370] 8) Consider Statement of Support for Weld Project Connect [2012-2371] ui/tII 'a Wednesday, September 5, 2012 Il Page 1 2012-2363 www.co.weld.co.us BC0016 NEW BUSINESS (CON'T): 9) Final Reading of Code Ordinance #2012-6, In the Matter of Repealing and Reenacting, with Amendments, Chapter 3 Human Resources, of the Weld County Code (con't to 9/10/2012) [2012-2372] Legal Notices [2012-2058] Correspondence [2012-2373] PLANNING: 1) Consider Consent to Assignment and Assumption of Agreement from Lafarge West, Inc., to Martin Marietta Materials, Inc., for the Greeley Pit (USR-247) and authorize Chair to sign [2012-2374] 2) Consider Consent to Assignment and Assumption of Agreement from Lafarge West, Inc., to Martin Marietta Materials, Inc., for the Hamm Pit (USR-1199) and authorize Chair to sign [2012-2375] 3) Consider Consent to Assignment and Assumption of Agreement from Lafarge West, Inc., to Martin Marietta Materials, Inc., for the Riverbend Pit (AmUSR-1259) and authorize Chair to sign [2012-2376] 4) Consider Consent to Assignment and Assumption of Agreement from Lafarge West, Inc., to Martin Marietta Materials, Inc., for the Heaton Ready-Mix Concrete Plant (USR- 1360) and authorize Chair to sign [2012-2377] 5) Consider Consent to Assignment and Assumption of Agreement from Lafarge West, Inc., to Martin Marietta Materials, Inc., for the Cottonwood Pit (USR-488) and authorize Chair to sign [2012-2378] 6) Consider Consent to Assignment and Assumption of Agreement from Lafarge West, Inc., to Martin Marietta Materials, Inc., for the Parsons Pit (USR-1657) and authorize Chair to sign [2012-2379] 7) Second Reading of Code Ordinance #2012-4, In the Matter of Repealing and Reenacting, with Amendments, Chapter 20 Impact Fees, Chapter 23 Zoning, Chapter 24 Subdivisions, and Chapter 29 Building Regulations, of the Weld County Code (con't from 8/13/2012) [2012-2380] Legal Notices [2012-1896] Correspondence [2012-1897] Wednesday, September 5, 2012 Page 2 2012-2363 www.co.weld.co.us BC0016 CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: Sep 6 - Island Grove Park Advisory Board 4:00 PM Sep 10 - Fair Board 7:00 PM Sep 13 - Weld Faith Partnership Council 7:30 AM Sep 13 - Area Agency on Aging Advisory Board 9:00 AM 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 Sep 10 - Consider Initial Hearing Concerning Rescinding USR #1741 — Roswell and Kerry Checketts (con't from 1/16/2012) Sep 10 - Consider Application for Temporary Assembly of more than 350 persons on September 22 and 23, 2012 — Barron-Melendez Real Estate Ventures, LLC, c/o Hugo Barron Sierra Sep 10 - Consider Application for Temporary Assembly of more than 350 persons on September 22, 2012—American Cancer Society Sep 24 - Final Reading of Code Ordinance #2012-4, In the Matter of Repealing and Reenacting, with Amendments, Chapter 20 Impact Fees, Chapter 23 Zoning, Chapter 24 Subdivisions, and Chapter 29 Building Regulations, of the Weld County Code Oct 10 - Probable Cause Hearing, PCSC12-0002, Concerning Second Amended Use by Special Review Permit #726 - RCJC, LLC (Formerly Ralph Nix Produce, Inc.) (con't from 7/11/2012) Nov 14 - Consider Initial Hearing Concerning Rescinding USR Permit #1704 - Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC (con't from 11/14/2011) Dec 5 - Consider Petition and Annexation Agreement for CR 26 and authorize Chair to sign — City of Longmont (con't from 7/25/2012) 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) Jan 9, 2013 - Consider Final Hearing Concerning Rescinding USR Permit #1590 — Contreras Farms Inc. (con't from 1/9/2012) HEARINGS: Sep 5 - Docket #2012-59, PL2177 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0034, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including a Livestock Confinement Operation (8,000-head dairy) in the A (Agricultural) Zone District, BB Colorado Holdings, LLC [located south of and adjacent to CR 20; west of and adjacent to CR 21] (Planner - Martin) 10:00 AM Sep 12 - Docket #2012-63, PL2180 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0030, for an Oil and Gas Support Facility (roust-a-bout and excavation service) in the A (Agricultural) Zone District, Alex Platt [located south of and adjacent to CR 30; west of CR 47] (Planner- Ogle) 10:00 AM Wednesday, September 5, 2012 Page 3 2012-2363 www.co.weld.co.us BC0016 HEARINGS (CON'T): Sep 12 - Docket #2012-56, PL1598 - A Site Specific Development Plan and Amended Use by Special Review Permit, USR12-0032, (USR-1374) for a Bed and Breakfast Facility; one (1) Single-family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code, and a 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 subdivisions (events center and septic business) in the A (Agricultural) Zone District, Virtus and Amy Banowetz [located north of and adjacent to CR 50, and east of and adjacent to CR 49] (Planner Aungst) 10:00 AM Sep 19 - Docket #2012-54, PL2174 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0038, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and gas roust-a-bout business) in the A (Agricultural) Zone District, Wells Ranch, LLLP [located north and south of CR 64 Section line; 1 mile east of CR 61] (Planner— Gathman) (con't from 8/22/2012) 10:00 AM Sep 19 - Docket #2012-67, PL2183 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0041, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis (a mixed animal veterinary clinic) in the A (Agricultural) Zone District, Larry D. Johnson Living Trust [located east of and adjacent to CR 3; approximately 2/3 mile north of CR 40.5] (Planner—Gathman) 10:00 AM Sep 19 - Docket #2012-66, PL2182 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0029, for a Mineral Resource Development Facility, including Open Pit Gravel Mining (sands, gravels and stones) and Materials Processing (Pawnee Aggregate Mine) in the A (Agricultural) Zone District, Daniel Dietzler [located north and south of CR 112; approximately 1.5 miles east of CR 95] (Planner—Ogle) 10:00 AM Sep 26 - Docket #2012-60, PL0599 - A Site Specific Development Plan and Amended Use by Special Review Permit, USR12-0031 (formerly USR- 632), for an Agricultural Service Establishment primarily engaged in performing Agricultural, Animal Husbandry or Horticultural Services on a fee or contract basis, including: grain and/or feed elevators; grain and feed sales; commercial grain storage and drying; seed production, processing, storage, mixing, blending and sales and retail and wholesale of products and similar goods associated with the Agri-Business and Agricultural uses and a Variance from the setbacks requirement from a Public Right-of-Way in the A (Agricultural) Zone District, Northeast Grains, LLC, and Forrest and Judy Tappy [located south of Slate Street; west of and adjacent to Marble Avenue - Stoneham Townsite] (Planner— Ogle) (con't from 8/29/2012) 10:00 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? from 5/2/12) 10:00 AM Wednesday, September 5, 2012 Page 4 2012-2363 www.co.weld.co.us BC0016 HEARINGS (CON'T): Oct 10 - Docket #2012-65, PL2181 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0037, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (lawn and landscaping business) 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, Elizabeth Hansen, c/o Jeffrey Gould [located east and adjacent to CR 17 and approximately .25 miles north of CR 42] (Planner Aungst) 10:00 AM Oct 10 - 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) 10:00 AM Oct 17 - Docket #2012-71, PL2184 - A Site Specific Development Plan and Use by Special Review Permit, USR12-0039, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: grain and/or feed elevators, grain and feed sales, commercial grain storage and drying, seed production, processing, storage, mixing, blending and sales and retail and wholesale of products and similar goods associated with the agribusiness and agricultural uses (Prospect Valley Grain, LLC —grain and sunflower receiving and storage facility with scale house, office and support and storage buildings) in the A (Agricultural) Zone District, Prospect Valley Grain, LLC [located north of CR 4, east of CR 67] (Planner—Ogle) (TO BE CON'T TO 11/7/2012) 10:00 AM COMMUNICATIONS: 1) Planning Commission, Minutes from August 21, 2012 2) Department of Planning Services, Letter of Concern, dated July 20, 2012, from Willis and Betty Janssen, re: Recorded Exemption, with response 3) Marilyn Evenson, Thank you Letter, dated August 28, 2012, re: The Wild Animal Sanctuary 4) Franklin Azar and Associates, Notice of Claim re: Automobile Accident— Kristina Krause 5) Colorado Counties, Inc., HUTF Projections for the fiscal year ending June 30, 2012 PUBLIC REVIEW: 1) Colorado Department of Natural Resources, Division of Reclamation, Mining, and Safety, Notice of 112c Construction Materials Reclamation Permit #M-1983-031 Release Request Consideration — Lafarge West, Inc. / Stromquist Pit Wednesday, September 5, 2012 Page 5 2012-2363 www.co.weld.co.us BC0016 RESOLUTIONS (Please see document for signature and/or execution date): 1) Approve Agreement Concerning Stipulation and Motion for Entry of a Decree Regarding Quiet Title and Boundary Line Adjustment Claims made by Lonesome Pines Land and Cattle Company, LLC [2012-2302] 2) Action of the Board Concerning USR12-0031 — Northeast Grains, LLC/Forrest and Judy Tappy [2012-2261] 3) Approve USR12-0036 — Robert and Marianne Rohn, c/o Sterling Energy Investments, LLC [2012-2249] ORDINANCES: 1) Second Reading of Code Ordinance #2012-4, In the Matter of Repealing and Reenacting, with Amendments, Chapter 20 Impact Fees, Chapter 23 Zoning, Chapter 24 Subdivisions, and Chapter 29 Building Regulations, of the Weld County Code [2012-2380] MISCELLANEOUS: * 1) Warrants—August 28, 30, and 31, 2012, and September 4, 2012 [2012-2336] * 2) Agreement for Professional Services - Real Food Colorado, LLC [2012-2382] * 3) Agreement for Professional Services and Contract Extension/Renewal of Pavement Testing and Design Services (#61100078) —Ground Engineering Consultants, Inc. [2011-1334] * 4) Acceptance of Deed of Dedication and Temporary Construction Easement - Stephen and LuAnn Zehnder [2012-2012] * 5) Agreement for Fleet Maintenance Services (#6120101) - G4S Integrated Fleet Services, LLC [2012-2054] * 6) Proposal for continued Audit Services (#B1000123) —McGee, Hearne and Paiz, LLP [2010-1824] * 7) Division Order to Kerr-McGee —W1/2 SE1/4, E1/2 SW1/4, S1, T1 N, R67W [2012-2383] * 8) Division Order to Kerr-McGee — SW1/4 SW1/4, NE1/4 SW1/4, S19, T1N, R66W [2012-2384] * 9) Division Order to Kerr-McGee — SE1/4, S26, T2N, R66W [2012-2385] * 10) Division Order to Kerr-McGee — N1/2 SE1/4, S26, T2N, R66W [2012-2386] * 11) Division Order to Kerr-McGee — N1/2 SE1/4, S26, T2N, R66W [2012-2387] * 12) Division Order to Kerr-McGee — S1/2 SE1/4, S26, T2N, R66W [2012-2388] * 13) Division Order to Kerr-McGee — S1/2 SE1/4, S26, T2N, R66W [2012-2389] * 14) Division Order to Noble Energy— N1/2, S33, T7N, R63W [2012-2390] * 15) Division Order to Noble Energy— NW1/4 SW1/4, S33, T5N, R66W [2012-2391] * 16) Authorization to Change Preferred Telecommunications Carrier— Century Link [2012-2398] * 17) Scope of Work Voice over IP Network Readiness Assessment — Siemens Enterprise Communications, Inc. [2012-2193] * Signed this date Wednesday, September 5, 2012 Page 6 2012-2363 www.co.weld.co.us BC0016 Hello