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Home My WebLink About20102526.tiff AGENDA 2010-2526 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, OCTOBER 25, 2010 9:00 a.m. PLEDGE OF ALLEGIANCE HOUSING AUTHORITY BOARD ROLL CALL: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long MINUTES: Approval of minutes of September 27, 2010 BOARD OF COUNTY COMMISSIONERS ROLL CALL: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long MINUTES: Approval of minutes of October 20, 2010 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: NEW BUSINESS: 1) Consider Temporary Closure of CR 19.5 between CRs 34 and 38 [2010-2527] 2) Consider Temporary Closure of CR 54 between CR 17 and SH 257 [2010-2528] 3) Consider Temporary Closure of CR 69 between CR 380 and U.S. Hwy 34 [2010-2529] 4) Consider Nonexclusive License Agreement for Upgrade and Maintenance of CRs 76 and 85 and authorize Chair to sign -Antelope Energy Company, LLC [2010-2530] 5) Consider Application for Faster Transit Grant and authorize Chair to sign [2010-2531] Monday, October 25, 2010 /0/21 Page 1 2010-2526 www.co.weld.co.us BC0016 NEW BUSINESS: 6) Consider Renewal Application for Tavern Liquor License and authorize Chair to sign - A and G Concepts, Inc., dba Bears Sports Saloon [2010-2532] 7) Consider Petition for Abatement or Refund of Taxes - Broe Land Acquisitions 10, LLC (R6775984) [2010-2533] 8) Consider Petition for Abatement or Refund of Taxes - Broe Land Acquisitions 10, LLC (R6775985) [2010-2534] 9) Consider Petition for Abatement or Refund of Taxes - Broe Land Acquisitions 10, LLC (R6775986) [2010-2535] 10) Consider Petition for Abatement or Refund of Taxes - Broe Land Acquisitions 10, LLC (R6775988) [2010-2536] 11) Consider Petition for Abatement or Refund of Taxes - Broe Land Acquisitions 10, LLC (R6775989) [2010-2537] 12) Consider Petition for Abatement or Refund of Taxes - Broe Land Acquisitions 10, LLC (R6775990) [2010-2538] 13) Consider Petition for Abatement or Refund of Taxes - Broe Land Acquisitions 10, LLC (R6775991) [2010-2539] 14) Consider Permit to Conduct Geophysical Operation and authorize Chair to sign -Allstate Permit Services, LP [2010-2540] 15) Consider Seismic Mineral Permit Agreement and authorize Chair to sign - Geokinetics USA, Inc. [2010-2541] 16) Consider Appointment of Deputy District Attorney and authorize Chair to sign - Jill Weeldreyer [2010-2542] 17) Consider Assignment of Tax Lien Sale Certificate to Kiva Properties I, RLLLP, and authorize Chair to sign [2010-2543] 18) Consider Assignment of Tax Lien Sale Certificate to Ledia and Larry Maestas and authorize Chair to sign [2010-2544] 19) Consider Assignment of Tax Lien Sale Certificate to Keith Cowan and authorize Chair to sign [2010-2545] 20) Consider Certification of Special Assessment - James Wrenfrow [2010-2546] 21) Consider Appointment to Workforce Development Board [2010-2547] 22) Final Reading of Code Ordinance #2010-9, In the Matter of Repealing and Reenacting, with Amendments, Chapter 5 Revenue and Finance, of the Weld County Code [2010-2548] PLANNING: 1) Consider Cancellation and Release of Collateral for Planned Unit Development Final Plan, S #554 - Idaho Creek, Phase 3 - KB Home of Colorado, Inc. [2010-2549] 2) Consider Partial Cancellation and Release of Collateral for Amended Use by Special Review Permit#1105 - Kelly and Anna Berndt/ Great Guns Sporting, LLC [2010-2550] 3) Consider Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only), authorize Chair to sign, and Accept Collateral for Use by Special Review Permit #1721 - Dan's Custom Construction, Inc. [2010-2551] 4) Consider Rescinding Resolution #2010-1246, dated June 16, 2010, for Use by Special Review Permit#1737 - Troy and Judy Hefner (con't to 4/25/2011) [2010-2552] 5) Consider Rescinding Resolution #2010-1304, dated July 14, 2010, for Use by Special Review Permit#1725 - Brian and Susan Williams [2010-2553] Monday, October 25, 2010 Page 2 2010-2526 www.co.weld.co.us BC0016 CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: Oct 25 - Board of Trustees for NCMC 12:00 PM Oct 26 - Board of Public Health 9:00 AM Oct 26 - Regional Communications Advisory Board 10:30 AM Oct 26 - Community Corrections Board 12:00 PM Oct 27 - Public Safety Information System Users Group 2:30 PM Oct 29 - Human Services Committee 8:00 AM Nov 2 - Board of Retirement 9:00 AM Nov 2 - Planning Commission 1:30 PM Nov 11 - 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 Nov 10 - Consider Revocation of Colorado Retail Food Establishment License — Los Gallitos Taqueria (con't from 10/11/10) Jan 10 - Consider Suspension or Revocation of Colorado Retail Food Establishment License — Nunn Café (con't from 10/11/10) Feb 23 - Final Reading of Code Ordinance #2010-1, In the Matter of Repealing and Reenacting, with Amendments, Chapter 22 Comprehensive Plan and Chapter 26 Regional Urbanization Area (RUA), of the Weld County Code — Dry Creek RUA (con't from 08/23/2010) HEARINGS: Oct 27 - Docket#2010-27.A, PL2071 -A Site Specific Development Plan and Use by Special Review Permit #1742 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review, in the Commercial or Industrial Zone Districts (flea market and sports fields) in the A (Agricultural) Zone District, Yia and Ying Lo [located approximately one-half mile south of County Road 8 and west of and adjacent to County Road 13] (Planner— Martin) 10:00 AM Oct 27 - Docket #2010-49, PL2084 - A Site Specific Development Plan and Use by Special Review Permit #1751 for a Kennel (to accommodate 50 dogs of two (2) specific breeds: miniature Dachshund and Bernese Mountain Dogs), and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (vehicle service/repair establishments — small engine and brake repair business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map of plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, William Askew, c/o Jane Stamp [located north of and adjacent to County Road 50; west of and adjacent to County Road 17] (Planner—Ogle) 10:00 AM Nov 10 - Docket #2010-50, PL0425 - A Site Specific Development Plan and Amended Planned Unit Development (PUD) Final Plan, AmPF #336, for Del Camino Center PUD (to divide Block 2 and Block 2A into one (1) additional lot), UQM Properties, Inc. [located approximately 400 feet east of the East 1-25 Frontage Road and approximately 700 feet south of County Road 22] (Planner—Gathman) 10:00 AM Monday, October 25, 2010 Page 3 2010-2526 www.co.weld.co.us BC0016 HEARINGS (CON'T): Nov 17 - Docket #2010-51, PL2085 - A Site Specific Development Plan and Use by Special Review Permit #1757 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction company) in the A (Agricultural) Zone District, Latimer and Nancy Bohling [located south of and adjacent to County Road 22.5, and west of U.S. Highway 85 (Planner- Martin) 10:00 AM Nov 17 - Docket #2010-52, PL2087 - A Site Specific Development Plan and Use by Special Review Permit #1758 for an Oil and Gas Support and Service Facility (roust-a-bout) in the A (Agricultural) Zone District, Javier Barron- Sixtos [located south of and adjacent to County Road 22; 1/2 mile west of County Road 31] (Planner- Ogle) 10:00 AM Nov 17 - Docket #2010-53, PL1371 - A Site Specific Development Plan and Amended Use by Special Review Permit #1253 for the keeping, raising, or boarding of exotic animals; as an Agricultural Service establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: Veterinary clinics or hospitals, a Kennel; and as a Recreational facility and uses including: Guest farm, in the A (Agricultural) Zone District, Rocky Mountain Wildlife Conservation Center, dba The Wild Animal Sanctuary [located north and south of and adjacent to vacated County Road 6; west and east of and adjacent to County Road 53 (Planner- Ogle) 10:00 AM Nov 24 - Docket #2010-54, PL0446 - A Site Specific Development Plan and 2nd Amended Use by Special Review Permit #840 for a proposed rail transload yard for off-loading, storage, and load-out of industrial materials, including the ability to fabricate, repair, and make modifications of existing rail cars, the extension of the existing on-site rail spur to create a "rail loop" of on-site track, including the utilization of more than one cargo container for storage and ongoing Gravel Mining (sand, gravel, and stone) in the A (Agricultural) Zone District, L.G. Everist, Inc. [located south of and adjacent to County Road 126; east of and adjacent to County Road 21; and east of and adjacent to the Union Pacific Railroad track] (Planner- Ogle) 10:00 AM Dec 8 - Docket #2010-43, PL1569 - Hearing to show whether good cause exists for revocation of USR #1351 for a Use Similar to a Junkyard/Salvage Yard (police impound lot) in the A (Agricultural) Zone District, James Wrenfrow [located east of and adjacent to County Road 11; approximately one-quarter mile south of County Road 6] (Planner - Parko) (con't from 09/08/10) 10:00 AM REPORTS: 1) Clerk and Recorder, Recording, Revised Daily Statement of Business for September, 2010 COMMUNICATIONS: 1) County Council, Minutes from September 20, 2010 2) Robin Walter, Letter of Inquiry, dated October 13, 2010, with response Department of Finance and Administration 3) City of Thornton, Letter re: Proposed outline of procedures for providing updates to Board of Commissioners concerning Thornton properties located in Weld County Monday, October 25, 2010 Page 4 2010-2526 www.co.weld.co.us BC0016 COMMUNICATIONS (CON'T): 4) Planning Services, Addition to File PL1733, #2005-3744, COZ #604 - Darrel Adolf and Delmer Ziegler 5) Planning Services, Addition to File PL1804, #2009-1969, USR #1604 - Marcum Midstream 1995-2 Business Trust, c/o Dale Butcher 6) Planning Services, Addition to File PL1743, AmPF #1045 - Balmes Homes, LLC, Defined Benefit Program, c/o Greg and Lisa Balmes 7) Colorado Department of Local Affairs, Division of Property Taxation, Final Determination re: Archaeological Conservancy 8) Addition to File LE0279, Parcel Valuation as evidence of County ownership for Mineral Rights - Pt. S1/2, S33, T11N, R60W (16 acres) 9) Addition to File LE0280, Parcel Valuation as evidence of County ownership for Mineral Rights - Pt. SW1/4 SW1/4, S24, T8N, R58W (2 acres) 10) Addition to File LE0281, Parcel Valuation and Deed as evidence of County ownership for Mineral Rights - L20,21,22, Blk8, Grover, Colorado; S5, T10N, R61W(0.24 acres) 11) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - L1,2,3, BIk3, Keota, Colorado; S34, T9N, R60W (0.48 acres) 12) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - L1,2, Blk25, Leroy's Addition to Keota, Colorado; S34, T9N, R60W (0.16 acres) 13) Addition to File LE0282, Parcel Valuation as evidence of County ownership for Mineral Rights - BIk27, Leroy's Addition to Keota; S34, T9N, R60W (1.93 acres) 14) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - L8,19, Blk35, Leroy's Addition to Keota, Colorado; S34, T9N, R60W (0.16 acres) 15) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - L9, Blk35, Leroy's Addition to Keota, Colorado; S34, T9N, R60W (0.08 acres) 16) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - L10, Blk35, Leroy's Addition to Keota, Colorado; S34, T9N, R60W (0.08 acres) 17) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - L11,12, Blk35, Leroy's Addition to Keota, Colorado; S34, T9N, R60W (0.16 acres) 18) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - TR B, Blk9, First Addition to Keota, Colorado; S34, T9N, R60W (0.20 acres) 19) Addition to File LE0282, Parcel Valuation and Treasurer's Deed as evidence of County ownership for Mineral Rights - TR B, BIk10, First Addition to Keota, Colorado; S34, T9N, R60W (0.21 acres) 20) Addition to File LE0283, Parcel Valuation as evidence of County ownership for Mineral Rights - Pt. SW1/4, S19, T3N, R64 (0.581 acres) 21) Addition to File LE0284, Parcel Valuation as evidence of County ownership for Mineral Rights - Pt. NW1/4, S30, T3N, R64 (0.372 acres) 22) Addition to File LE0285, Parcel Valuation as evidence of County ownership for Mineral Rights - Pt. SW1/4 SE1/4, S12, T3N, R65 (0.904 acres) 23) Addition to File LE0286, Parcel Valuation as evidence of County ownership for Mineral Rights - Pt. S1/2 SE1/4, S24, T3N, R65 (0.22 acres) 24) Addition to File LE0287, Parcel Valuation as evidence of County ownership for Mineral Rights - Pt. E1/2, S25, T3N, R65 (0.318 acres) Monday, October 25, 2010 Page 5 2010-2526 www.co.weld.co.us BC0016 RESOLUTIONS (Please see document for signature and/or execution date): 1) Approve Nonexclusive License Agreement for Upgrade and Maintenance of CR 128 — Slawson Exploration Company, Inc. (Rocky Mountain Division) [2010-2508] 2) Action of the Board Concerning Nonexclusive License Agreement for Upgrade and Maintenance of CR 116 — Slawson Exploration Company, Inc. (Rocky Mountain Division) [2010-2509] ORDINANCES: * 1) Final Reading of Code Ordinance #2010-9, In the Matter of Repealing and Reenacting, with Amendments, Chapter 5 Revenue and Finance, of the Weld County Code [2010-2548] MISCELLANEOUS: * 1) Warrants [2010-2554] * 2) Appointment of Deputy District Attorney - Jill Weeldreyer [2010-2542] * 3) Division Order to Noble Energy - E1/2NW1/4, W1/2NE1/4, S28, T5N, R66W [2010-2555] * Signed this date Monday, October 25, 2010 Page 6 2010-2526 www.co.weld.co.us BC0016 Hello