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HomeMy WebLinkAbout20033364 AGENDA 2003-3364 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, DECEMBER 15, 2003 9:00 a.m. TAPE #2003-47 SOCIAL SERVICES BOARD PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad MINUTES: Approval of minutes of December 10, 2003 COUNTY FINANCE OFFICER: 1) Warrants [2003-3365] NEW BUSINESS: 1) Consider Child Protection Agreement for Respite Care Services and authorize Chair to sign - Sonya Shultz [2003-3366] BOARD OF COUNTY COMMISSIONERS ROLL CALL: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad MINUTES: Approval of minutes of December 10, 2003 READ ORDINANCE BY TAPE: Read Emergency Ordinances #229 and #230, and Code Ordinances #2003-7 and #2003-9 by tape CERTIFICATION OF HEARINGS: Hearings conducted on December 9,2003: 1)Violation Hearings;and hearings conducted on December 10,2003: 1)Appeal of denial by the Director of Department of Planning Services for Special Exemption from the 1041 Regulations fora 115 kV Transmission Line Extension and Delivery Substation to serve the new Owens-Brockway Bottle Manufacturing Facility-Poudre Valley Rural Electric Association, Inc. Monday, December 15, 2003 Page 1 2003-3364 // www.co.weld.co.us BC0016 M! AMENDMENTS TO AGENDA: APPROVAL OF CONSENT 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 Board's agenda. Please be aware that the Board may not be able to address your topic today. If the Board is unable to do so,the matter will either be referred to staff or scheduled for a work session. If you wish to speak regarding issues which are likely to be heard by the Board in a public hearing,such as a land use or violation hearing,you will be asked to give your testimony at that hearing,either in person or in writing. Public input on any topic shall be limited to 15 minutes. COUNTY FINANCE OFFICER: 1) Warrants [2003-3367] NEW BUSINESS: 1) Consider Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 27 (83rd Avenue) and authorize Chair to sign - Stephens Family Partnership, LP [2003-3368] 2) Consider Nonexclusive License Agreement for Upgrade and Maintenance of a Portion of WCR 35 Right-of-Way and authorize Chair to sign - Lawrence and Jeanne Williams [2003-3369] 3) Consider Energy and Mineral Impact Assistance Program Grant Contract for Owens-Illinois and authorize Chair to sign [2003-3370] 4) Consider Professional Services Agreement and authorize Chair to sign-Mountain States Imaging, LLC [2003-3371] 5) Consider Agreement for Partially Self-Funded Insurance Program and authorize Chair to sign - Colorado Counties Casualty and Property Pool [2003-3372] 6) Consider Amendment to Communications Tower Lease Agreement to Relocate Equipment and authorize Chair to sign - Sprint Spectrum, LP [2003-3373] 7) Consider Consent to Assignment of Tower Lease from Qwest Wireless, LLC, to Sprint Spectrum, LP, and authorize Chair to sign [2003-3374] 8) Consider Resolution re: Directing Clerk to the Board to have Published Emergency Ordinance #226-B, In the Matter of Supplemental Appropriation for the Year 2003 [2003-3375] PLANNING: 1) Consider Extension of Zoning Permit for a Mobile Home,ZPMH#2284,for a Mobile Home to be used for a Temporary Use During the Construction of a Residence - Wayne and Stacey Landwehr [2003-3376] 2) First Reading of Code Ordinance#2003-9, In the Matter of Repealing and Reenacting,with Amendments,Chapter 19,Articles V,VII, IX,XI,XII,and XIII (Kennesburg, Eaton, Kersey, LaSalle, Fort Lupton, and Ault IGA Agreements), of the Weld County Code [2003-3377] 3) First Reading of Code Ordinance#2003-7, In the Matter of Repealing and Reenacting,with Amendment, Chapter 19, Article VI (Evans IGA Agreement), of the Weld County Code [2003-3378] Monday, December 15, 2003 Page 2 2003-3364 www.co.weld.co.us BC0016 CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: Dec 16 - 911 Emergency Telephone Service Authority Board 12:00 PM Dec 16 - Planning Commission 1:30 PM Dec 16 - Northeast Colorado EMS RETAC 2:00 PM Dec 17 - Economic Development Action Partnership Board 7:00 AM Dec 18 - Juvenile Community Review Board 12:00 PM Dec 18 - Greeley-Weld County Airport Authority 4:00 PM Dec 23 - Board of Public Health 9:00 AM Dec 23 - Community Corrections Board 12:00 PM 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 Dec22- Final Reading of Code Ordinance#2003-8, In the Matter of Repealing and Reenacting, with Amendments, Chapter 5 Appendices, of the Weld County Code Dec 29 - Consider Petition to Vacate a portion of WCR 94 between WCRs 29 and 31 subject to dedicated and recorded easements and rights-of-way Dec29- Consider Probable Cause Hearing Concerning Use by Special Review Permit#1262 for an Agricultural Service Establishment for a Livestock Confinement Operation(dairy)and Animal Feeding Operation for 800 head of cattle in the A(Agricultural)Zone District-James and Kristie Docheff, Diamond D Dairy (Con't from 06/30/03) Jan 7- Second Reading of Code Ordinance#2003-9, In the Matter of Repealing and Reenacting, with Amendments, Chapter 19, Articles V, VII, IX, XI, XII, and XIII (Kennesburg, Eaton, Kersey, LaSalle, Fort Lupton, and Ault IGA Agreements), of the Weld County Code Jan 7- Second Reading of Code Ordinance#2003-7, In the Matter of Repealing and Reenacting, with Amendment,Chapter 19,Article VI (Evans IGA Agreement),of the Weld County Code Jan 12 - Consider Probable Cause Hearing Concerning Use by Special Review Permit#878- Daniel Ochsner and Barry Payant (Con't from 11/24/2003) Jan 12 - Consider Zoning Permit for a Mobile Home, ZPMH #2385 - Daniel Ochsner (Con't from 11/24/2003) Jan 12 - Consider Recorded Exemption #3502 - Daniel Ochsner (Con't from 11/24/2003) Jan 12 - Consider Zoning Permit for a Mobile Home, ZPMH #575 - Daniel Ochsner (Con't from 11/24/2003) Jan 26- Final Reading of Code Ordinance#2003-9, In the Matter of Repealing and Reenacting, with Amendments, Chapter 19,Articles V,VII, IX,XI,XII,and XIII (Kennesburg, Eaton, Kersey, LaSalle, Fort Lupton, and Ault IGA Agreements), of the Weld County Code Jan 26- Final Reading of Code Ordinance#2003-7, In the Matter of Repealing and Reenacting, with Amendment, Chapter 19, Article VI (Evans IGA Agreement), of the Weld County Code Feb 18 - Consider Recorded Exemption #3636 - A. R. (Alvin) Brand, Jr. (Con't from 12/10/2003) [2003-3145] Apr12- Consider Compliance with Condition F of Resolution Dated April 9,2003-RJML, LLC, dba La Maravilla Restaurant (Con't from 10/15/2003) Jun 30 - Consider Authorizing the Weld County Attorney to Proceed with Legal Action Against Conagra Cattle Feeding Company - Gilcrest Feedlot for Violation of Section 23-4-710, Livestock Feeding Performance Standards, of the Weld County Code (Con't from 11/10/2003) Monday, December 15, 2003 Page 3 2003-3364 www.co.weld.co.us BC0016 HEARINGS: Dec 15 - Docket#2003-75, SD0004 - Hearing to Consider 2004 Budget for Beebe Draw Law Enforcement District 9:00 AM Dec 15 - Docket#2003-81, FI0038 - Hearing to Consider 2004 Final Budget 9:00 AM Dec 17- Docket#2003-91, PL0868-Hearing to show whether good cause exists for revocation of Amended Use by Special Review Permit#685 fora Kennel and Board Facility (not to exceed 140 dogs and 20 cats) in the A (Agricultural) Zone District,Becky Fosher[located north of and adjacent to State Highway 392; part of the SW 1/4/4 of Section 16,Township 6 North, Range 66 West of the 6th P.M.,Weld County,Colorado](Planner-Lockman)(Will be continued to 12/29/2003) 10:00 AM Dec17- Docket#2003-88,PL1508-Hearing to determine whether there has been a Substantial Change,SCH#24,in the facts and circumstances regarding the application submitted by Olando, LLC,do Tammy Ellerman and Ed Orr,for Change of Zone, PZ #547, which was denied by the Board of County Commissioners on May 16, 2001 [located north of and adjacent to State Highway 392; and 1/2 mile east of Weld County Road 53] (Planner - Lockman) 10:00 AM Dec 17 - Docket#2003-89, PL1695-A Site Specific Development Plan and Use by Special Review Permit#1436 for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, and a Concrete and Asphalt Batch Plant in the A (Agricultural) Zone District, Russ Otterstein/Premier Paving,c/o Banks and Gesso,LLC[located south of and adjacent to Weld County Road 8, east of and adjacent to Highway 85, and west of and adjacent to Weld County Road 27] (Planner- Ogle) 10:00 AM Dec 29- Docket#2003-91,PL0868-Hearing to show whether good cause exists for revocation of Amended Use by Special Review Permit#685 fora Kennel and Boarding Facility(not to exceed 140 dogs and 20 cats)in the A(Agricultural) Zone District, Matt and Becky Fosher[located in part of the SW 1/4/4 of Section 16, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado] (Planner- Lockman) 10:00 AM Dec 31 - Docket#2003-90, PL1696-A Site Specific Development Plan and Use by Special Review Permit#1432 for a Business Permitted as a Use by Right or Accessory Use in the Industrial Zone District(Parking of Company Vehicles and Equipment)in the A(Agricultural)Zone District, Mark and Kristi Weimer [located north of and adjacent to Weld County Road 66(aka Carlton Road); and approximately 1/4 mile west of Weld County Road 57] (Planner - Hatch) 10:00 AM May17- Docket#2002-86, PL0846-Hearing to show whether good cause exists for revocation of Use by Special Review Permit#654 for a Fertilizer Storage, Mixing,Loading,and Sales Operation,Permagreen Products Company,c/o RoxyVendena[located in the NE1/4 of Section 24,Township 1 North, Range 68 West of the 6th P.M.,Weld County,Colorado](Planner-Salzman)(Con't from 11/19/2003) 10:00 AM REPORTS: 1) Department of Public Works, Road Closures for November 2003 Monday, December 15, 2003 Page 4 2003-3364 www.co.weld.co.us BC0016 COMMUNICATIONS: 1) Planning Commission,Agenda for December 16,2003;and Minutes for November 18,2003,and December 2, 2003 2) Utilities Coordinating Advisory Committee, Agenda for December 11, 2003 3) Harold Vienot, Letter of Concern with response PUBLIC REVIEW: 1) Colorado Department of Public Health and Environment,Liquid Waste Management, Inc.-Bashor Site, Letter of Intent dated 12/01/2003, Determination will be made in 30 days 2) Colorado Department of Public Health and Environment,Liquid Waste Management, Inc.-Sullivan Site, Bashor Site,and Korthuis Site, Notice of Authorization forthe Use and Distribution of Biosolids 3) Colorado Division of Minerals and Geology, Aggregate Industries - WCR, Inc., Platte Valley Operation, Notice of 112 Construction Materials Reclamation Permit Partial Acreage Release Request, Permit# M-1989-120 RESOLUTIONS (Please see document for signature and/or execution date): 1) Approve Letter of Agreement for Steps Grant- Greeley-Evans School District 6 2) Approve Agreement to Administer Promises for Children Grant Funds-United Way of Weld County 3) Approve Task Order Change Order Letters #1 and #2 for Tuberculosis Program 4) Approve Task Order Option to Renew Letter#1 for STD Program 5) Approve Contract for Services for Youth Risk Behavior Survey Data Project - OMNI Institute 6) Approve Acceptance of Temporary Construction Easement for WCR 3.25 - U.S. Department of Commerce, National Oceanic and Atmospheric Administration 7) Approve Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 27 (83rd Avenue) and Accept Temporary Construction Easement - Brian and Lainey Johnson 8) Approve Appointments and Reappointments to Fair Board 9) Approve Extension of Franchise Agreement with Galaxy Telecom LP,now known as Galaxy Cable, Inc., dba Galaxy Cablevision 10) Approve Intergovernmental Indemnity and Hold Harmless Agreement for Use of Weld County Garage Building - Union Colony Fire Rescue Authority 11) Approve Cancellation and Release of Collateral for VI-9800102 - Wickham 12) Action of the Board Concerning Recorded Exemption #3636 - A. R. (Alvin) Brand, Jr. 13) Approve Request by Poudre Valley Rural Electric Association, Inc.,for a Specific Exemption from the Application of Weld County's 1041 Regulations to the Construction of a 115 kV Transmission Line Extension and Delivery Substation to Serve the Owens-Brockway Bottle Manufacturing Facility 14) Approve Resolution Summarizing Expenditures and Revenues for the General Fund and Adopting a Budget for the Beebe Draw Law Enforcement Authority District for 2004 15) Approve Resolution Appropriating Sums of Money to the General Fund for the Beebe Draw Law Enforcement Authority for the 2004 Budget Year 16) Approve Resolution Levying General Property Taxes for the 2004 Budget Year to Help Defray the Costs of Government for the Beebe Draw Law Enforcement Authority 17) Approve Law Enforcement Agreement - Beebe Draw Law Enforcement Authority District 18) Approve Resolution Summarizing Expenditures and Revenues for Each Fund and Adopting a Budget for the County of Weld, Colorado, for the 2004 Calendar Year 19) Action of the Board Concerning VI #0200652 - Salvador 20) Action of the Board Concerning VI #0300038 - Wardell Monday, December 15, 2003 Page 5 2003-3364 www.co.weld.co.us BC0016 RESOLUTIONS (CON'T): 21) Action of the Board Concerning VI #0000084 - Forte 22) Action of the Board Concerning VI #0000083 - Jensen 23) Action of the Board Concerning VI #0000031 - Jenkins 24) Action of the Board Concerning VI #0300126 - Sanchez 25) Action of the Board Concerning VI #0000030 - Patterson 26) Action of the Board Concerning VI #0000035 - Petras 27) Action of the Board Concerning VI #0000036 - Devisser 28) Action of the Board Concerning VI #0000095 -Adams ORDINANCES: 1) First Reading of Code Ordinance #2003-9, In the Matter of Repealing and Reenacting, with Amendments,Chapter 19,Articles V,VII, IX,XI,XII,and XIII(Kennesburg,Eaton,Kersey,LaSalle, Fort Lupton, and Ault IGA Agreements), of the Weld County Code 2) First Reading of Code Ordinance #2003-7, In the Matter of Repealing and Reenacting, with Amendment, Chapter 19, Article VI (Evans IGA Agreement), of the Weld County Code *3) Emergency Ordinance#229, In the Matter of the Annual Appropriation for Weld County, Colorado, for Fiscal year 2004 *4) Emergency Ordinance#230, In the Matter of Setting the Mill Levy for the Annual Appropriation for Weld County, Colorado, for Fiscal Year 2004 * Signed this date Monday, December 15, 2003 Page 6 2003-3364 www.co.weld.co.us BC0016 Hello