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HomeMy WebLinkAbout20090641AGENDA BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, MARCH 16, 2009 9:00 a.m. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long MINUTES: Approval of minutes of March 11, 2009 2009-0641 CERTIFICATION OF HEARINGS: Hearings conducted on March 10, 2009: 1) Violation Hearings; and on March 11, 2009: 1) Hearing re: Petition and Agreement for Annexation of a Portion of County Road 11 (Enclave Annexation and Rezone #4) to Town of Frederick AMENDMENTS TO AGENDA: Add New Item of Business #11) Expression of Concern Regarding Prescribed Burns in Pawnee National Grasslands and Request to Eliminate Such Burns or Postpone Until More Favorable Weather Conditions Exist 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 and Approve Bid #B00409, 2009 Chemical Herbicides - Department of Public Works [2009-0642] OLD BUSINESS: 1) Consider Professional Service Agreement for various Interactive Game Attractions and authorize Chair to sign - Interactive Game Experience, LLC (IGX) (con't from 03/11/09) [2009-0636] NEW BUSINESS: 1) Consider Application for Renewal of Hotel and Restaurant Liquor License and authorize Chair to sign - Ye'O Jr., Inc., dba Boldt In Grill [2009-0643] 2) Consider Petition for Abatement or Refund of Taxes - Garage Storage, LLC [2009-0644] 3) Consider Petition for Abatement or Refund of Taxes - Comfort Dental [2009-0645] 4) Consider Agreement Concerning Purchase of Right -of -Way for Certain Improvements to CR 7 and authorize Chair to sign necessary documents - Frank Wright and Robert Mach [2009-0646] A-7 Monday, March 16, 2009 Page 1 www.co.weld.co.us 2009-0641 BC0016 NEW BUSINESS CON'T: 5) Consider Right -of -Entry Agreement and authorize Chair to sign - Roggen Farmers Elevator Association [2009-0647] 6) Consider Temporary Closure of CR 13 between CRs 38 and 42 [2009-0648] 7) Consider Temporary Closure of CR 47 between CRs 70 and 72 [2009-0649] 8) Consider Lease Agreement for Fulton Ditch Water Rights and authorize Chair to sign - Petrocco Farms, c/o Dave Petrocco, Sr. [2009-0650] 9) Consider Contract for Purchase and Sale of Colorado -Big Thompson Water, Escrow Agreement, and Statement of Settlement and authorize Chair to sign necessary documents - WIPO, LLC [2009-0651] 10) Final Reading of Weld County Code Ordinance #2009-2, In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, of the Weld County Code [2009-0652] 11) Expression of Concern Regarding Prescribed Burns in Pawnee National Grasslands and Request to Eliminate Such Burns or Postpone Until More Favorable Weather Conditions Exist [2009-0657] HEALTH OLD BUSINESS: 1) Consider Revocation of Food License for The Sonic Drive -In (Fort Lupton) (con? from 01/21/09) [2009-0653] Monday, March 16, 2009 Page 2 www.co.weld.co.us 2009-0641 BC0016 CONSENT AGENDA SCHEDULE Mar 16 - Mar 17 - Mar 17 - Mar 17 - Mar 17 - Mar 18 - Mar 19 - Mar 19 - Mar 19 - Mar 24 - Mar 24 - Mar 24 - Mar 25 - OF ADVISORY BOARD MEETINGS: Juvenile Community Review Board Board of Adjustment Workforce Development Board 911 Emergency Telephone Service Authority Board Planning Commission Emergency Medical Services Council Extension Advisory Council Weld Faith Partnership Council Greeley -Weld County Airport Authority Board of Public Health Regional Communications Advisory Board Community Corrections Board Upstate Colorado Economic Development 12:00PM 11:00 AM 11:30 AM 12:00 PM 1:30 PM 5:00 PM 12:00 PM 1:30 PM 3:30 PM 9:00 AM 10:30 AM 12:00 PM 7:00 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 Mar 23 - Consider Petition for Abatement or Refund of Taxes - N and S Joseph Properties (con't from 03/09/09) Mar 23 - Second Reading of Weld County Code Ordinance #2009-5, In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works, of the Weld County Code Mar 30 - Second Reading of Weld County Code Ordinance #2009-3, In the Matter of Repealing and Reenacting, with Amendments, Chapter 26 Mixed Use Development, of the Weld County Code - Pioneer Communities, Inc., and HP Farms, LLC Mar 30 - Second Reading of Weld County Code Ordinance #2009-4, In the Matter of Repealing and Reenacting, with Amendments, Chapter 26 Mixed Use Development, of the Weld County Code - Prospect Farms II Holdings, LLC Mar 30 - Consider Probable Cause Hearing Concerning Use by Special Review Permit and Amended Use by Special Review Permit #1493 - Copart, Inc./Stephan Brancucci (con't from 11/17/08) Apr 13 - Final Reading of Weld County Code Ordinance #2009-5, In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works, of the Weld County Code Apr 20 - Final Reading of Weld County Code Ordinance #2009-3, In the Matter of Repealing and Reenacting, with Amendments, Chapter 26 Mixed Use Development, of the Weld County Code - Pioneer Communities, Inc., and HP Farms, LLC Apr 20 - Final Reading of Weld County Code Ordinance #2009-4, In the Matter of Repealing and Reenacting, with Amendments, Chapter 26 Mixed Use Development, of the Weld County Code - Prospect Farms II Holdings, LLC Jun 3 - Consider Suspension of Retail Food Establishment License - Carniceria la Providencia (con't from 12/1/08) Monday, March 16, 2009 Page 3 www.co.weld.co.us 2009-0641 BC0016 HEARINGS: Mar 18 - Docket #2009-15, PL0493 - A Site Specific Development Plan and Third Amended Use by Special Review Permit #542 for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and gas processing facility) in the A (Agricultural) Zone District, DCP Midstream, LP [located north of and adjacent to County Road 38; west of and adjacent to County Road 35] (Planner - Ogle) (to be con't to 04/22/09) 10:00 AM Mar 18 - Docket #2009-16, PL0034 - A Site Specific Development Plan and Fourth Amended Use by Special Review Permit #552 for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility, in the A (Agricultural) Zone District, DCP Midstream, LP [located 1/2 mile north of County Road 64; approximately 1/8 mile west of County Road 43] (Planner - Ogle) (to be con't to 04/22/09) 10:00 AM Mar 18 - Docket #2009-17, PL2007 - A Site Specific Development Plan and Use by Special Review Permit #1687 for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants, in the A (Agricultural) Zone District, Journey Ventures, LLC [located west of and adjacent to County Road 51 and north of and adjacent to County Road 58] (Planner - Gathman) (to be con't to 04/22/09) 10:00 AM Apr 1 - Docket #2009-13, PL2003 - A Site Specific Development Plan and Use by Special Review Permit #1685 for a Home Business (auto repair and service) in the A (Agricultural) Zone District, Benjamin Hansford, Sr. [located south of and adjacent to Caroline Avenue and west of and adjacent to Richard Street] (Planner - Martin) 10:00 AM Apr 1 - Docket #2009-14, PL2004 - A Site Specific Development Plan and Use by Special Review Permit #1686 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (custom seeding business) in the A (Agricultural) Zone District, Turnpike, LLC [located south of and adjacent to State Highway 52 and east of and adjacent to County Road 65] (Planner - Martin) 10:00 AM Apr 8 - Docket #2009-23, PL2009 - A Site Specific Development Plan and Use by Special Review Permit #1688 for a Home Business (concrete repair/services) in the A (Agricultural) Zone District, Jose Jauregui, c/o Abraham Jauregui [located approximately 1/4 mile east of County Road 31 and approximately 1/2 mile south of County Road 18, east of and adjacent to Harold Street and south of and adjacent to Mary Avenue] (Planner - Hatch) 10:00 AM Apr 22 - Docket #2009-18, PL2008 - A Site Specific Development Plan and Use by Special Review Permit #1692 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (masonry contractors shop) in the A (Agricultural) Zone District, Henry Spade Jr. Estate; Mary Lou Spade; Roger Spade, and Pamela Brenkle, c/o James Anderson, dba QM Company [located east of and adjacent to County Road 13 and 1/2 mile north of County Road 56] (Planner - Gathman) 10:00 AM Monday, March 16, 2009 Page 4 www.co.weld.co.us 2009-0641 BC0016 HEARINGS CON'T: Apr 29 - Docket #2008-02, PL0456 - Hearing to show whether good cause exists for revocation of Second Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard including tire landfill, storage and recycling facility) and a Mobile Home for Housing in the 1-3 (Industrial) Zone District, and Third Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including a tire landfill, storage, shredding, and recycling facility), Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for housing in the 1-3 (Industrial) Zone District, Tire Recycling, Inc. (Planner - Hatch) (con't from 02/25/09) Apr 29 - Docket #2009-24, PL2010 - A Site Specific Development Plan and Use by Special Review Permit #1682 for Mineral Resource Development Facilities, including a Concrete Batch Plant, Recycled Concrete and Gravel Mining, and the importation of mineral resource material from USR-1608 (Holton Lakes), in the A (Agricultural) Zone District, Morton Lakes, LLC, c/o Ready Mixed Concrete Company [generally located 1/4 mile south of State Highway 52; 1/2 mile east of County Road 23; west of and adjacent to County Road 25 Section Line; and approximately 1/2 mile north of County Road 10] (Planner - Ogle) May 6 - Docket #2009-25, PL2011 - A Site Specific Development Plan and Use by Special Review Permit #1690 for an Oil and Gas Production Facility in Pioneer Communities PUD with Commercial, Residential, Open Space, Agricultural, Schools, Parks and Water, and Wastewater Storage Zone Districts, HP Farms Holdings, LLC, c/o Kerr-McGee Oil and Gas OnShore, LP [located west of County Road 49; and north of and adjacent to County Road 22] (Planner - Hatch) 10:00 AM 10:00 AM 10:00 AM REPORTS: 1) Department of Public Health and Environment, Agreement for Sampling and Analysis of Drinking Water - Stone Mountain Lodge COMMUNICATIONS: 1) Planning Commission, Agenda for March 17, 2009 2) Board of Adjustment, Agenda for March 17, 2009 3) Colorado Public Utilities Commission, Decision Adopting Emergency Rules, Docket #09R-0158EG, re: Emergency Electric and Gas Rules Implementing Procedures for Applications Stemming from the American Recovery and Reinvestment Act of 2009 4) Colorado Public Utilities Commission, Order Concerning Second Round of Comments and Noting Change in Location of Conference, Docket #09A-056EG, re: Possible Revisions to the Commission's Electric Gas and Procedural Rules 5) Clerk to the Board, Two Transcripts of Hearings (February 18 and 23, 2009) re: Consideration of the Appeal of Decision of the Board of Directors of Beebe Draw Farms Metropolitan District No. 1 Regarding the Granting of a Petition for Exclusion of Certain Property (2,226.118 acres owned by REI, LLC) Monday, March 16, 2009 Page 5 www.co.weld.co.us 2009-0641 BC0016 RESOLUTIONS (Please see document for signature and/or execution date): 1) Approve Oil and Gas Lease Covering Certain Property Owned by Weld County, Colorado - S1/2 NW1/4, NE1/4 NW1/4, and SW1/4 NE1/4, S13, T4N, R61W [2009-0629] 2) Approve Oil and Gas Lease Covering Certain Property Owned by Weld County, Colorado - N1/2, S24, T5N, R61W [2009-0632] 3) Approve Grant Application for Federal Assistance for 2009 Justice and Mental Health Collaboration Program [2009-0593] 4) Approve Petition and Agreement for Annexation of a Portion of County Road 11 (Enclave Annexation and ReZone #4) - Town of Frederick [2009-0638] 5) Action of the Board Concerning BCV #0800058 - Nash/Nash [2009-0555] 6) Action of the Board Concerning ZCV #0800404 - Lutz [2009-0558] 7) Action of the Board Concerning ZCV #0800295 - Barraza/Sanchez [2009-0569] 8) Action of the Board Concerning ZCV #0800360 - Thoene [2009-0570] 9) Action of the Board Concerning ZCV #0800385 - Balderas [2009-0571] 10) Action of the Board Concerning ZCV #0800368 - Garcia [2009-0565] 11) Action of the Board Concerning ZCV #0800284 - Hirt [2009-0566] 12) Action of the Board Concerning ZCV #0800354 - Lopez [2009-0572] 13) Action of the Board Concerning ZCV #0800356 - Chavez/Sanchez [2009-0573] 14) Action of the Board Concerning ZCV #0800325 - Arias-Lujan [2009-0574] ORDINANCES: * 1) Final Reading of Weld County Code Ordinance #2009-2, In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, of the Weld County Code [2009-0652] MISCELLANEOUS: * 1) Warrants [2009-0654] * 2) Agreement for Concrete Diversion Box and Concrete Slope and Ditch Paving - Naranjo Civil Constructors, Inc. [2009-0490] * 3) Agreement for Professional Services for Family Planning Initiative - Women's Clinic of Greeley [2009-0655] * 4) Agreement for Janitorial Services (Downtown County Buildings) - Porter Industries, Inc. [2008-2965] * 5) Agreement for Janitorial Services (Weld County North Buildings) - Porter Industries, Inc. [2008-3195] * Signed this date Monday, March 16, 2009 Page 6 www.co.weld.co.us 2009-0641 BC0016 Hello