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AGENDA
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, MAY 20, 2019
9:00 a.m.
PLEDGE OF ALLEGIANCE
ROLL CALL:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
MINUTES: Approval of minutes of May 15, 2019
2019-1886
CERTIFICATION OF HEARINGS: Hearings conducted on May 15, 2019: 1) PCSC18-0022 — Kenneth
and Sandra Brooker, 2) USR18-0120 — Bar Nine, LLC, do Greg Johnson, 3) USR19-0004 — Gabel Cattle,
LLC, do Cureton Front Range, LLC, 4) USR19-0012 — Michael Boulter Farms, LLC, c/o Rocky Mountain
Midstream, LLC, and 5) USR19-0002 — English Feedlot 2, LLC, do Expedition Water Solutions Colorado,
LLC
AMENDMENTS TO AGENDA:
APPROVAL OF CONSENT AGENDA:
PRESENTATIONS:
1) Award for Excellence for CR 47 - CR 60.5 to State Highway 392 — Colorado/Wyoming
Chapter of the ACPA [2019-1888]
PUBLIC INPUT:
Each individual is allowed, and must strictly adhere to, 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. All comments must be directed to the Board. Comments
may only embody topics which have not been previously addressed to the Board by the speaker. The Chair may immediately refer any comment
to staff for resolution or for scheduling of a work session. Personal attacks against Board members, Administrative staff or Employees will not
be recognized. The Board will not accept comments regarding matters which fall outside its jurisdiction or are likely to be considered at a future
public hearing, such as a land use hearing. In that event, the speaker will be asked to give his or her testimony at that hearing, either in person
or in writing. Combined public input on any topic shall be limited to 15 minutes.
BIDS:
1) Approve Bid #B1900089, Health Services -Lobby Renovation — Department of Buildings
and Grounds [2019-1719]
2) Approve Bid #B1900090, Health Building Lab HVAC Upgrades — Department of Buildings
and Grounds [2019-1720]
NEW BUSINESS:
1) Consider Grant Agreement for Juvenile Diversion Program and authorize Chair to
sign [2019-1889]
2) Consider 2019 State Criminal Alien Assistance Program (SCAAP) Application and
authorize electronic submittal [2019-1890]
Monday, May 20, 2019
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NEW BUSINESS (CONT'D):
3) Consider Temporary Road Closure of CR 66 between CRs 59 and 61 [2019-1891]
4) Final Reading of Weld County Ordinance #2019-04, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 12 Licenses and Permits, of the Weld County
Code (Liquor Licenses) [2019-1892]
Legals [2019-1365]
Correspondence [2019-1366]
PLANNING:
1) Consider Resubdivision, RES19-0004, of Lots 3, 4, and 5, Block 1, McMahan Subdivision,
for Redesign into Three (3) Residential Lots — Heirs of Louis M. Kielian, c/o Joseph Kielian,
Joyce Ertmer, and Jeanne Mitchell [2019-1893]
Monday, May 20, 2019
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CONSENT AGENDA
SCHEDULE OF ADVISORY BOARD MEETINGS:
May 20 - Board of Trustees for NCMC
May 21 - Board of Adjustment
May 21 - Workforce Development Board
May 21 - 911 Emergency Telephone Service Authority Board
May 21 - Planning Commission
May 22 - Greeley Housing Authority
May 27 - HOLIDAY
May 28 - Board of Public Health
May 28 - Regional Communications Advisory Board
May 28 - Community Corrections Board
12:00 PM
10:00 AM
11:45 AM
12:00 PM
12:30 PM
4:30 PM
CLOSED
9:00 AM
10:30 AM
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.
May 29 - First Reading of Weld County Ordinance #2019-08, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 2 Administration and Chapter 5 Revenue and
Finance, of the Weld County Code (Procurement Policies)
May 29 - Second Reading of Weld County Ordinance #2019-05, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 8 Public Works, of the Weld County Code (MS4)
May 29 - Second Reading of Weld County Ordinance #2019-06, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 2 Administration, of the Weld County Code
(Disposition of Recovered Property)
Jun 3 - Second Reading of Weld County Ordinance #2019-07, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 2 Administration and Chapter 3 Human
Resources, of the Weld County Code (Working Retirees)
Jun 10 - Second Reading of Weld County Ordinance #2019-02, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 14 Health and Animals, Chapter 23 Zoning, and
Chapter 29 Building Regulations, of the Weld County Code (Misc Zoning)
Jun 17 - Second Reading of Weld County Ordinance #2019-08, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 2 Administration and Chapter 5 Revenue and
Finance, of the Weld County Code (Procurement Policies)
Jun 17 - Final Reading of Weld County Ordinance #2019-05, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 8 Public Works, of the Weld County Code (MS4)
Jun 17 - Final Reading of Weld County Ordinance #2019-06, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 2 Administration, of the Weld County Code
(Disposition of Recovered Property)
Jun 19 - Final Reading of Weld County Ordinance #2019-07, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 2 Administration and Chapter 3 Human
Resources, of the Weld County Code (Working Retirees)
Jul 8 - Final Reading of Weld County Ordinance #2019-08, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 2 Administration and Chapter 5 Revenue and
Finance, of the Weld County Code (Procurement Policies)
Jul 10 - Final Reading of Weld County Ordinance #2019-02, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 14 Health and Animals, Chapter 23 Zoning, and
Chapter 29 Building Regulations, of the Weld County Code (Misc Zoning)
Monday, May 20, 2019
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HEARINGS:
May 22 - Docket #2019-04, PL2623 - A Site Specific Development Plan and Use by Special
Review Permit, USR18-0100, for a 1041 Permit for a Major Facility of a Public
Utility (one [1] 230KV transmission line extending approximately 21 miles, one [1]
new substation [Graham Creek] and upgrades to an existing substation [WAPA
Ault]) in the A (Agricultural) Zone District, Public Service Company of Colorado
[Transmission Line is in two (2) sections: Section 1 runs from the Wapa Ault
Substation located south of CR 86 and east of CR 25 to the proposed Husky
Substation (within the town limits of Ault). The Husky Substation will be located
east of CR 33 and south of CR 86. Section 2 runs from the Husky Substation site
(east of CR 33 and south of CR 86) to a Transmission Line that serves the Cloverly
Substation located south of CR 66 and east of CR 43] (Planner — Chris Gathman) -
(Cont'd from 1/23/2019) - TO BE CONT'D TBD 10:00 AM
May 22 - Docket #2019-64, PL2671 - A Site Specific Development Plan and Use by Special
Review Permit, USR19-0003, for a Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(construction sign business including two [2] commercial pickup trucks,
five [5] message boards, seven [7] arrow boards, two [2] flatbed trailers, two [2]
cushion trailers, flagging equipment and other small equipment) 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 in the
A (Agricultural) Zone District, Una and Louie Martinez [located east of and adjacent
to CR 35; approximately 0.25 miles south of State Highway 52] (Planner —
Angela Snyder) - REQUEST TO WITHDRAW APPLICATION 10:00 AM
May 22 - Docket #2019-70, PL2675 - Change of Zone, PUDZ19-0001, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District,
for four (4) lots with C-3 (Business Commercial), C-4 (Highway Commercial), I-1
(Industrial), 1-2 (Industrial), and 1-3 (Industrial) Uses, T3 Land and Investment, LLC
[located north of and adjacent to CR 44; west of and adjacent to CR 49] (Planner —
Chris Gathman) 10:00 AM
May 22 - Docket #2019-67, PL2672 - A Site Specific Development Plan and Use by Special
Review Permit, USR19-0014, for a 1041 Major Facility of a Public Utility (a wind
energy facility for up to 380 megawatts [MW], along with one [1] 230 kilovolt [kV]
transmission line approximately eleven [11] miles in length and one [1] 115 kV
transmission line approximately fifteen [15] miles in length, two [2] electrical
substations, two [2] temporary laydown yards and [2] concrete batch plants along
with up to seven [7] temporary construction trailers to be utilized during the
construction of the facilities and six [6] meteorological towers) in the
A (Agricultural) Zone District, Leeward Renewable Energy Development, LLC [the
Wind Energy Facility and Transmission Lines and (Associated Facilities) are
located on 43,570 acres immediately south of and adjacent to the
Wyoming/Nebraska State Line; east of CR 99; north of CR 118; west of CR 135]
(Planner — Chris Gathman) 10:00 AM
May 29 - Docket #2019-52, PL2660 - A Site Specific Development Plan and Use by Special
Review Permit, USR18-0126, for Mineral Resource Development Facilities, Oil
and Gas Support and Service including location and operation bases for
businesses whose primary activity includes the following kinds of uses: parking
and maintenance of exploration, production or workover equipment; equipment
and storage yards for road and pipeline construction contractors, and production
unit set-up and maintenance contractors; parking and maintenance for tank and
water service companies; storage and rental yards for pipe and production...
Monday, May 20, 2019
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HEARINGS (CONT'D):
equipment; field offices used by production -related records and maintenance
personnel; Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis,
including fertilizer storage, mixing, blending and sales; any Use permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (parking storage and staging of commercial vehicles, General
Contractor, storage, maintenance, repair of construction products and equipment
sales and welding operations); any use of a research, repairing, manufacturing,
fabricating, processing, assembling or storage nature may be conducted outside
of an enclosed building, provided that the Use and/or operations of the Use are
screened from adjacent properties and public rights -of -way; areas for parking
vehicles or equipment, so long as such parking areas are screened from the
adjacent properties and public rights -of -way; outdoor storage when screened from
adjacent properties provided and public rights -of -way 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 and more than the number of
cargo containers allowed as a Use by Right per legal lot or parcel in the
A (Agricultural) Zone District, Cliff Simpson [located east of and adjacent to CR 45;
approximately 0.25 miles south of CR 90] (Planner — Kim Ogle) 10:00 AM
May 29 - Docket #2019-63, PL2670 - A Site Specific Development Plan and Use by Special
Review Permit, USR19-0007, for any Use permitted as Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts,
(outdoor storage of RVs, boats, motorhomes, and 5th wheel trailers) 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, Kevin and Deanna Dougherty [located north of and
adjacent to CR 2; approximately 1 mile west of CR 45] (Planner - Diana Aungst)
10:00 AM
May 29 - Docket #2019-62, PL2669 - A Site Specific Development Plan and Use by Special
Review Permit, USR19-0006, for any Use permitted as Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts
(indoor storage of RV, boats, trailers, cars, ATVs, and general residential items),
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, MNR, LLC [located east of and
adjacent to CR 1; approximately 0.3 miles north of State Highway 66] (Planner —
Diana Aungst 10:00 AM
May 29 - Docket #2018-130.A, PL2611 - A Site Specific Development Plan and Use by
Special Review Permit, USR18-0077, for a greater than 12 -inch high pressure
natural gas pipeline approximately 70 miles in length (36 -inch natural gas pipeline)
in the A (Agricultural) Zone District, Cheyenne Connector, LLC [located east of
CR 25; south of CR 132; west of CR 51 and north of CR 20] (Planner — Kim Ogle) -
(Cont'd from 3/27/2019 - Rescheduled Early at Applicant's Request) 10:00 AM
Monday, May 20, 2019
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HEARINGS (CONT'D):
Jun 12 - Docket #2019-83, PL2685 - A Site Specific Development Plan and Use by Special
Review Permit, USR19-0021, for a Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(vehicle sales establishment) 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, The
Entrust Group, Inc., FBO John Charles Schreckengast Roth, IRA [located north of
CR 4; east of and adjacent to CR 27 (North Main Street)] (Planner —
Angela Snyder) 10:00 AM
Jun 12 - Docket #2019-71, PL2676 - A Site Specific Development Plan and Use by Special
Review Permit, USR19-0008, for a greater than 12 -inch High Pressure Natural
Gas Pipeline (24 -inch natural gas pipeline) approximately 12.3 miles in length in
the A (Agricultural) Zone District, Rocky Mountain Midstream, LLC [located south
of CR 54; west of CR 49; north of CR 34.5; east of CR 43] (Planner —
Angela Snyder) 10:00 AM
Jun 19 - Docket #2019-72, PL2677 - Change of Zone, PUDZ18-0005, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District
for C-3 (Business Commercial) and I-1 (Industrial) Uses for a Self -Storage Facility,
along with an existing 214 -foot in height Telecommunications Antenna, Boulder
Creek Estates, LLC, c/o Grow Your Storage, LLC [located east of and adjacent to
CR 5; approximately 175 feet south of State Highway 119] (Planner —
Chris Gathman) 10:00 AM
Jun 19 - Docket #2019-73, PL2678 - A Site Specific Development Plan and Use by Special
Review Permit, USR19-0011, for an Oil and Gas Support and Service Facility
(compressor station facility) along with a temporary laydown yard and up to four
(4) temporary office trailers and eight (8) temporary conex containers proposed to
be on -site during construction of the facility in the A (Agricultural) Zone District,
Kerr-McGee Gathering, LLC [located north of and adjacent to CR 44; west of and
adjacent to CR 15] (Planner — Chris Gathman) 10:00 AM
Jul 3 - Docket #2019-60, PL2291 - A Major Amendment, 1MJUSR19-14-0035, to a Site
Specific Development Plan and Use by Special Review Permit, USR14-0035,
(natural gas and condensate separator facility and compressor facility) to expand
the boundaries and to add an Amine System to treat gas and a Cryogenic
Processing Plant, including a 125 -foot flare in the A (Agricultural) Zone District,
AKA Energy Group, LLC [located north of and adjacent to CR 38; 1 mile east of
CR 35] (Planner — Chris Gathman) - (Cont'd from 4/24/2019) 10:00 AM
Jul 10 - Docket #2019-48, PL2657 - A Site Specific Development Plan and Use by Special
Review Permit, USR18-0130, for a greater than 16 -inch domestic water pipeline
(permanent 48 -inch pipeline and associated appurtenances, including, but not
limited to: buried valve assemblies, access manways, fiber optic cable and
temporary construction easements) in the A (Agricultural) Zone District, City of
Thornton [located starting at CR 2 and extending north following CR 17 to just
north of State Highway 66] (Planner — Diana Aungst) 10:00 AM
Jul 31 - Docket #2018-144.A, PL2619 - A Site Specific Development Plan and Use by
Special Review Permit, USR18-0086, for a Home Business (parking of vehicles
associated with a landscaping/snow removal business along with an office for
paperwork) in the A (Agricultural) Zone District, Jose Carbajal Castillo and Carolina
Salinas Corona [located south of and adjacent to Casler Avenue, and east of and
adjacent to Henry Street] (Planner — Chris Gathman) 10:00 AM
Monday, May 20, 2019
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HEARINGS (CONT'D):
Nov 20 - Docket #2018-130, PL2611 - A Site Specific Development Plan and Use by
Special Review Permit, USR18-0077, for a greater than 12 -inch high pressure
natural gas pipeline approximately 70 miles in length (36 -inch natural gas pipeline)
in the A (Agricultural) Zone District, Cheyenne Connector, LLC [located east of
CR 25; south of CR 132; west of CR 51 and north of CR 20] (Planner — Kim Ogle) -
(Cont'd from 3/27/2019) 10:00 AM
COMMUNICATIONS:
1) County Council, Agenda for May 20, 2019
2) Board of Adjustment, Agenda for May 21, 2019
3) Planning Commission, Minutes from May 7, 2019, and Agenda for May 21, 2019
4) County Attorney's Office, Notice dated May 6, 2019, re: Increase in Debt Limitation for the
Waterfront at Foster Lake Metropolitan Districts Nos. 1 through 3
5) Insurance Services Office, Inc. (ISO), Letter dated May 3, 2019, re: Notification of Publication of
Building Code Effectiveness Grading Schedule (BCEGS) Classification
6) David Bickerstaff, Letter dated April 25, 2019, re: Weld County Mineral Lands Minimum Auction
Bid
7) Bureau of Land Management (BLM) Royal Gorge Field Office, News Release dated May 14,
2019, re: BLM September 2019 Oil and Gas Lease Sale
8) DCP Midstream, Email dated May 13, 2019, re: Maintenance of Lucerne Gas Plant — May 14,
through 22, 2019
9) Clerk to the Board, Memorandum dated April 29, 2019, re: Notice of Dissolution of Chapter 13,
Article I, of the Weld County Code — Temporary Assembly Permits
10) United Water and Sanitation District, and South Weld Holdings, LLC, re: Notice of Application for
Plan for Augmentation and Substitution, dated May 10, 2019
11) Colorado Department of Public Safety, Division of Homeland Security and Emergency
Management, re: Monitoring Site Visit Final Results, dated May 3, 2019
PUBLIC REVIEW:
1) Colorado Department of Natural Resources, Division of Reclamation, Mining and Safety,
Notice of 112 Construction Materials Reclamation Amendment Application Consideration
Permit No. 2002-120 AM01 — Bestway Concrete Company, Bernhardt Resource [2019-1732]
2) Colorado Department of Public Health and Environment, Air Pollution Control Division —
Cureton Front Range, LLC — Front Range Gas Plant, Public Notice, Preliminary Analysis,
Air Pollutant Emission and Draft Permit No. 17WE1090 [2019-1836]
3) Colorado Department of Public Health and Environment, Air Pollution Control Division —
Summit Midstream Niobrara, LLC — Brahma Compressor Station, Public Notice,
Preliminary Analysis, Air Pollutant Emission and Draft Permit No. 19WE0169 [2019-1839]
4) Colorado Department of Public Health and Environment, Air Pollution Control Division —
REP Processing, LLC — Severance Compressor Station, Public Notice, Preliminary
Analysis, Air Pollutant Emission and Draft Permit No. 18WE1051 [2019-1840]
RESOLUTIONS (Please see document for signature and/or execution date):
1) Approve Memorandum of Understanding for Northern Colorado Regional Economic
Development Partnership and authorize Chair to sign [2019-1857]
2) Approve Petition for Abatement or Refund of Taxes for Account Numbers P9103192 and
P9103300 — Patriot Well Solutions [2019-1847]
3) Approve Temporary Closure of CR 55 between CRs 70 and 72 [2019-1848]
4) Approve Temporary Closure of CR 76 between CRs 23 and 27 [2019-1849]
5) Approve Appointments and Reassignments to Workforce Development Board [2019-1850]
Monday, May 20, 2019
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RESOLUTIONS (CONT'D):
6) Approve Fee Schedules for Road Impact, County Facilities Impact, and Drainage Impact
Fees Collected by the Weld County Department of Planning Services [2019-1851]
7) Action of the Board Concerning PCSC18-0022 — Kenneth and Sandra Brooker [2019-1832]
8) Action of the Board Concerning USR18-0120 — Bar Nine, LLC, do Greg Johnson [2019-1056]
9) Approve USR19-0004 — Gabel Cattle, LLC, do Cureton Front Range, LLC [2019-1733]
10) Approve USR19-0012 — Michael Boulter Farms, LLC, do Rocky Mountain Midstream, LLC
[2019-1748]
11) Approve USR19-0002 — English Feedlot 2, LLC, do Expedition Water Solutions Colorado,
LLC [2019-1760]
ORDINANCES:
* 1) Final Reading of Weld County Ordinance #2019-04, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 12 Licenses and Permits, of the Weld County
Code (Liquor Licenses) [2019-1892]
Legals [2019-1365]
Correspondence [2019-1366]
MISCELLANEOUS:
* 1) Warrants — May 14, and 17, 2019 [2019-1894]
* 2) Award for Excellence for CR 47 - CR 60.5 to State Highway 392 — Colorado/Wyoming
Chapter of the ACPA [2019-1888]
* 3) Contract ID #2501 Agreement Amendment to Purchase Out -of -Home Placement
Services — Ariel Clinical Services [2018-3868]
* 4) Contract ID #2147 Agreement to Purchase Out -of -Home Placement Services — Hope and
Home [2019-1895]
* 5) Contract ID #2565 Agreement for Child Protection Services (Bid #B1900025) — Barry R.
Lindstrom, Ph.D., LLC [2019-1896]
* 6) Contract ID #2566 Agreement for Child Protection Services (Bid #B1900025) —
Aver Psychological and Wellness Services, LLC [2019-1897]
* 7) Contract ID #2569 Agreement for Child Protection Services (Bid #B1900025) —
Helene Wurth [2019-1898]
* 8) Contract ID #2570 Agreement for Child Protection Services (Bid #B1900025) —
Jessica Brien [2019-1899]
* 9) Contract ID #2707 Agreement Extension/Renewal for Erosion Control and Revegetation
(Bid #B1800076) — All Cowboy Erosion Control, LLC [2018-1084]
* Signed this date
Monday, May 20, 2019
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