HomeMy WebLinkAbout20033131.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 10, 2003
TAPE #2003-42
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, November 10, 2003, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of November 5, 2003, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on November 5,2003,as follows: 1)Change of Zone#1028,Steve Brancucci;and 2)Change
of Zone#1029,Steve Brancucci. Commissioner Jerke seconded the motion,which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: Ronald Warner,County resident,requested the Board reconsider or postpone its decision
to deny his applications for Recorded Exemption#3648 and Subdivision Exemptions#1000,#1001,#1002,
and#1003. He stated the denial was based on the apparent conflict with the terms of the Intergovernmental
Agreement with the City of Dacono. He stated he met with the City Administrator, Karen Gumbo, and
offered to donate seven acres,or 25 percent of his property,for a park. He further stated a trail has been
discussed; however, the exact location and time for commencing the project is unclear. Mr. Warner
requested the action be delayed to allow the City of Dacono additional time to consider the Subdivision
Exemption lot line adjustments and how the proposal will be to their benefit. Commissioner Geile requested
correspondence from the City of Dacono before deciding to reconsider the matter. Mr. Barker expressed
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concern with reconsidering the matter further and putting the burden on the City of Dacono. Responding
to Commissioner Vaad, Mr. Barker stated if Mr. Warner makes progress with the City of Dacono, the
applicant can submit a Substantial Change application.
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
All Funds $1,198,737.51
Electronic Transfers - All Funds $2,692.00
Commissioner Geile moved to approve the warrants as presented by Mr. Hanes. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CN ACQUISITION, LLC: Raelene
Anderson,Assessor's Office,stated the owners provided a list of all the equipment; however,some items
were also listed as personal and real property,which resulted in a double assessment. She further stated
the mill levy has been corrected,and staff recommends approval of this petition. Commissioner Masden
moved to approve said petition as recommended by staff. The motion, which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES -AMERICAN CAPITAL GROUP:
Duane Robson,Assessor's Office,stated the lessee and lessor both reported the personal property,which
resulted in a double assessment. In response to Commissioner Geile, Mr. Robson stated the lessor is
responsible for filing.Commissioner Geile moved to approve said petition as recommended by staff. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-TWIN PEAKS SEED AND GRAIN:
Ms. Anderson stated staff recommends approval of this petition because the items were reported as
personal property rather than real estate. Commissioner Vaad moved to approve said petition as
recommended by staff. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER EXTENSION OF TEMPORARY CLOSURE OF WCR 26 BETWEEN WCRS 13 AND 15: Frank
Hempen, Jr., Director of Department of Public Works, stated due to delays from inclement weather, the
contractor has requested an extension of the closure to November 14, 2003, to allow additional time to
complete project. Commissioner Vaad moved to approve said extension request. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER CONTRACT FOR SALE OF REAL ESTATE AND AUTHORIZE CHAIR TO SIGN - GREAT
WESTERN RAILWAY OF COLORADO, LLC: Mr. Hempen stated this contract is required as part of the
Weld County Road 13 and Railroad Crossing Project. He stated it will cost$120 to quit claim the necessary
right-of-way for the strategic roadway. Commissioner Vaad moved to approve said contract and authorize
the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PROPERTY MANAGEMENT AGREEMENT AND TEMPORARY AGREEMENT COVERING
ADVANCE RIGHT OF ENTRY AND OCCUPANCY FOR BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY NORTHERN PROPERTY AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS: Mr. Hempen stated this and the following item of business are related to the same
maintenance project on Weld County Road 390 from the Town of Grover,south to Weld County Road 114.
He stated the advance right of entry will allow staff to enter the 8.84-acre property to acquire fill, in the
Minutes, November 10, 2003 2003-3131
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amount of$3,990. Responding to Commissioner Geile, Mr.Hempen stated Weld County Road 390 will be
completed at the end of next spring. In response to Commissioner Vaad, Mr. Hempen stated staff has
completed a GPS (Global Positioning System) cross section and found it will take approximately 70,000
cubic yards to complete the project. He further stated they can profile the elevations and grading for
historical purposes. In response to Commissioner Jerke, Mr. Hempen stated the material recovered from
this site will be used for the widening base,and then they will cap the road with a better quality gravel from
another pit. Commissioner Vaad moved to approve said agreements and authorize the Chair to sign any
necessary documents. The motion was seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER PROPERTY MANAGEMENT AGREEMENT AND TEMPORARY AGREEMENT COVERING
ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF PROPERTY FOR BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY SOUTHERN PROPERTY AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS: Mr. Hempen stated this agreement is for 10.84 acres at a cost of$6,000 for
the southern portion of the property. He stated it will provide 70,000 cubic yards of material at 14 cents per
cubit yard,which staff feels is a good deal. Commissioner Vaad moved to approve said agreements and
authorize the Chair to sign any necessary documents. The motion was seconded by Commissioner
Masden, and it carried unanimously.
CONSIDER APPOINTMENT TO HUMAN SERVICES COMMITTEE:Commissioner Geile moved to appoint
Bonne Veik to the Human Services Committee, to replace Gladys Bolander, with a term expiring
December 31, 2005. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER ENGAGEMENT LETTER FOR 2003 AUDIT SERVICES AND AUTHORIZE CHAIR TO SIGN-
ANDERSON AND WHITNEY, P.C.: Claud Hanes, Treasurer/Controller, stated under this Engagement
Letter, Anderson and Whitney will conduct the 2003 Audit, at a cost of $72,000. In response to
Commissioner Jerke, Mr. Hanes stated this service was bid out, and it is renewed with an engagement
letter each year. Commissioner Vaad moved to approve said Engagement Letter and authorize the Chair
to sign. The motion was seconded by Commissioner Geile, and it carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN,S#579,FOR THE ELMS AT MEADOW VALE,THIRD FILING-ELMS LAND COMPANY,LLC,
C/O FLOYD OLIVER:Monica Mika, Director of Department of Planning Services,stated the Departments
of Planning Services and Public Works recommend release of collateral being held for the Third Filing of
the Elms at Meadowvale. Donald Carroll, Department of Public Works,stated he did a follow up inspection
on October 24,2003,to verify all the transportation items are complete. He recommended the release of
collateral and that the Road be accepted for full maintenance. In response to Commissioner Vaad, Mr.
Carroll stated the collateral amount covered half of Weld County Roads 26 and 5.5. He further stated they
will pursue additional improvements when the other side is developed. Responding to Commissioner Geile,
Ms.Mika stated there are still some issues to address on the Second Filing regarding drainage,landscaping
and the mail box. She further stated the Covenants for the Second and Third Filings do not require the
Homeowners' Association to do maintenance. Commissioner Vaad moved to cancel and release said
collateral for Planned Unit Development Final Plan,S#579,for the Elms at Meadow Vale,Third Filing. The
motion was seconded by Commissioner Geile, and it carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#878-
DANIEL OCHSNER AND BARRY PAYANT:Sheri Lockman,Department of Planning Services,stated the
applicant has requested this and the following three items be continued for two weeks to November 24,
2003. Commissioner Jerke moved to continue this matter to November 24, 2003, at the request of the
applicant. Commissioner Vaad seconded the motion, which carried unanimously.
Minutes, November 10, 2003 2003-3131
Page 3 BC0016
CONSIDER ZONING PERMIT FORA MOBILE HOME,ZPMH#2385-DANIEL OCHSNER: Based on the
previous discussion, Commissioner Jerke moved to continue this matter to November 24, 2003.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION#3502-DANIEL OCHSNER: Based on the previous discussion,
CommissionerJerke moved to continue this matter to November 24,2003. Commissioner Vaad seconded
the motion, which carried unanimously.
CONSIDER ZONING PERMIT FOR A MOBILE HOME,ZPMH#575-DANIEL OCHSNER: Based on the
previous discussion, Commissioner Jerke moved to continue this matter to November 24, 2003.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING AMENDED USE BY SPECIAL REVIEW
PERMIT#685-MATT AND BECKY FOSHER: Ms. Lockman stated Use by Special Review Permit#685,
was approved on May 20, 1992,for a boarding kennel,and she gave a brief description of the location of
the site. She stated the current owner applied for a Recorded Exemption which brought the property under
review. Ms. Lockman stated the property includes two existing residences,the kennel,and a modular which
has not been permitted. She explained the two residences were built in 1909;the original Use by Special
Review Permit was approved in 1985 designating one of the residences for office use;and in 1992 the Use
by Special Review Permit was amended. She stated since that time the office has been reconverted back
into a residence and no longer qualifies as a nonconforming use since the use was changed to an office
in 1985. Ms. Lockman stated before the plat can be recorded the applicant must address the second
residence,permit the modular,work with the Colorado Department of Transportation regarding the second
access,and obtain a building permit for the relocated sign. She requested the Board continue this matter
to allow the applicant time to amend the Use by Special Review Permit, obtain a Zoning Permit for the
modular, or reconfigure the Recorded Exemption. Becky Fosher, applicant, stated she purchased this
property in 1996, and the permitted office was already being used as a residence and has continued as
such for the past seven years to house an employee. Ms. Fosher stated they have an animal control
contract with the Weld County Sheriff's Office, the office is located within the kennel structure, and she
would like to retain the second residence for an employee. In response to Commissioner Vaad,Ms. Fosher
stated the mobile home is also used for an office; however, she has discontinued that use based on the
concerns of staff. Responding to CommissionerJerke,Ms. Fosher stated ideally she would like to continue
using the property as they have for the past seven years. She stated the main reception area is at the front
entrance of the long kennel building,and the residence on the west has its own access. She further stated
the modular is ten feet by twenty feet,which she would like to use as an animal control receiving office,to
be separate from the kennel functions. Responding further to Commissioner Jerke, Ms. Fosher stated the
Recorded Exemption application is to split off the eastern 3.3 acres to sell as a separate parcel, with the
kennel on the remaining 12 acres. Commissioner Vaad stated although Ms. Fosher has been operating
under the current configuration for the past seven years;however,it was done inappropriately and there are
issues which need to be addressed. Commissioner Geile concurred with Commissioner Vaad and stated
as Ms. Fosher plans for the future, it would be better to have all these issues resolved. Commissioner
Masden concurred and stated he would like to set this matter for a Show Cause Hearing to resolve the
matter. Responding to Commissioner Jerke, Ms. Lockman stated the Recorded Exemption is currently
being processed, and amending the Use by Special Review Permit should resolve the remaining issues.
Commissioner Vaad moved to find there is Probable Cause and to set a Show Cause Hearing for
December 17,2003,at 10:00 a.m. Commissioner Jerke seconded the motion,which carried unanimously.
HEALTH:
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
Minutes, November 10, 2003 2003-3131
Page 4 BC0016
CODE:Trevor Jiricek, Department of Public Health and Environment,stated staff requested this hearing
due to an observation of the ConAgra Cattle Feeding Company- Gilcrest Feedlot failing to comply with
Section 23-4-710 of the Weld County Code pertaining to the control of dust emissions. He reviewed a
chronology summary of the case for the record,and stated staff has received 15 registered complaints and
confirmed dust emanating from the facility. Mr. Jiricek displayed various photos of dust conditions, and
stated the measurements are visual because staff does not have a way of measuring the concentration or
duration of dust. He stated the apparent high concentrations of dust result in public health issues,and he
reviewed staff's recommendation,which is based on a meeting with ConAgra representatives to address
the concerns. Mr.Jiricek clarified, if granted, the continuance should be scheduled for June 30,2004. In
response to Commissioner Geile, Mr. Jiricek stated the winter dust abatement rules only apply to swine
facilities;the rules pertaining to cattle operations are only in draft form at this time. He further stated staff's
recommendation is also based on the needs of the applicant to balance watering during cold weather which
can cause health problems for the animals.
Jim Herlihy, ConAgra representative, stated there have been dust emissions due to an antiquated water
application process; however, they have invested $260,000 in upgrades, equipment, and personnel to
improve the situation. He stated ConAgra is committed to minimizing the dust emissions, and in an effort
to assist animal health they are investigating solutions for dust control during the cold weather months. Mr.
Herlihy stated they are in agreement with the recommendation from the Health Department;however,they
are opposed to the condition which requires a hearing before the Commissioners if any complaints are
received during the interim before the next hearing. He reiterated that ConAgra is committed to maintaining
the quality of life fortheir neighbors,employees,and the livestock. Responding to Commissioner Geile,Mr.
Herlihy stated the facility was started in 1969, and currently there is a corporate relationship between
ConAgra and Swift. He stated ConAgra has veterinarians conducting research,they are working with the
Colorado Livestock Association,and they are reviewing comparable operations near residential areas in
an effort to find reasonable solutions regarding dust control during the winter months. He further stated if
there are dust emissions as a result of a warm spell during the winter months, ConAgra will communicate
with the Weld County Health Department and make adjustments as necessary. He further stated they are
willing to start a public hotline to receive public complaints.
Don Anderson, ConAgra representative, stated the site manager did make personal contacts with the
neighbors, and he left business cards with a contact number if there were concerns. In response to
Commissioner Jerke,Mr.Anderson stated this facility has underground water wells,an augmentation plan
is in place, and it is in their best interest to minimize dust for the health of the animals. In response to
Commissioner Masden, Mr.Anderson stated there are also agricultural activities which create dust in the
area. He added the$260,000 investment included an upgraded sprinkler system which increases efficiency
and is not as labor intensive;however,the temperature extremes this year have made it difficult to provide
a balanced dust abatement process. Responding to Commissioner Vaad, Mr.Anderson stated they began
the improvements in July 2003; however, the new system is not complete, so there were still dust
emissions during the late summer months. He reiterated that they have been researching other dust
abatement options; however,there are no absolute solutions at this time. Responding to Commissioner
Geile, Mr.Anderson stated the sprinkler system was installed in September; however,the control valves
are not complete, and they anticipate the entire system will be complete by April or May of 2004. In
response to Commissioner Masden, Mr. Anderson stated there are approximately 80,000 cattle at this
facility.
Gene Kammerzell, surrounding property owner, stated the dust problem started four years ago when the
operation was taken over by ConAgra,and the conditions have gotten steadily worse. He stated he owns
buffalo and cattle, and during the past two years thirteen have died of pasture pneumonia caused by the
dust. Mr. Kammerzell stated he contacted the site manager; however, the problem has persisted. He
stated ConAgra did sprinkle the site during mid-July and it was nice for six weeks; however, the problem
Minutes, November 10, 2003 2003-3131
Page 5 BC0016
returned when they quit sprinkling. He further stated the feedlot operations have had a negative impact on
the quality of life for area residents. He stated many of the concerned citizens have an agricultural
background and understand the feedlot is important to Weld County's economy; however, they do need
better management practices.
Tim Feehan,surrounding property owner,stated the dust cloud generated by the feedlot often spreads for
many miles and hurts the eyes, lungs and throat. He stated this operation has a negative impact on his
quality of life. Mr. Feehan stated he works in the agricultural community, and he does not feel this is
responsible management. He stated the improvements were partially in place this fall;however,they were
not used to control dust conditions when the conditions got worse. There being no further comments,Chair
Long closed public testimony.
Mr. Herlihy stated they recognize the concerns of the community,and they are confident the new system
will provide complete warm weather coverage. He stated they plan to come back in Januarywith proposed
suggestions for cold weather dust management. In response to Commissioner Geile, Mr. Herlihy stated
they will also review the pen maintenance and manure management. Commissioner Jerke commented
the facility also needs to be flexible to provide manure to local farmers for field application.
Commissioner Geile commended the Department of Public Health and Environment staff,ConAgra,Swift,
and Monfort representatives for their willingness to find solutions and for making upgrades in an effort to
provide suitable conditions. Mr.Jiricek stated the applicant indicated opposition to the last sentence of the
first page of staffs' recommendation, therefore, he requested direction from the Board regarding any
complaints received. Commissioner Geile commented the Department of Public Health and Environment
staff has limited authority in making determinations for resolving complaints. Mr. Herlihy stated they will
follow the procedure set by the Board. In response to CommissionerJerke,Mr.Jiricek stated staff can post
the monthly self evaluation reports on the Countywebsite,as well as mail them to individuals upon request.
Commissioner Masden commented the situation has been bad in the last four years; however,there has
also been a severe drought. He stated he is satisfied that the upgrades are anticipated to be complete by
May 2004, and the applicant will continue to work with staff regarding any complaints received during the
interim. Commissioner Jerke concurred. Commissioner Geile commented staff has limited authority in
making determinations for resolving complaints,therefore,there needs to be a process to bring concerns
to the Board, if necessary. Commissioner Jerke commented he would agree to deleting the sentence
because the applicant is already committed to completing the improvements,providing monthly evaluation
reports,etcetera.(Switched to Tape#2003-43.) Commissioner Jerke stated the applicant has many things
to accomplish, and the Board can consider this matter at any time, if necessary. Mr. Herlihy agreed and
stated they will continue to recognize the dust conditions and make the necessary improvements.
Commissioner Masden stated he would like to delete the sentence since there are other checkpoints
leading up to next hearing. Mr. Barker suggested amending the last paragraph of the Board's draft
resolution to add the following, "However, should County complaints sufficient in seriousness showing
continuing problems be received and verified by County staff,a hearing will be scheduled before the Board
of County Commissioners prior to June 30, 2004, where a recommendation for the County Attorney to
proceed with legal action will be presented." Chair Long concurred with the language and suggested it also
replace the last sentence of staff's Memorandum. Mr. Herlihy concurred. Commissioner Masden moved
to approve the additional language provided by Mr. Barker. Commissioner Jerke seconded the motion,
which carried unanimously. Commissioner Jerke moved to approve the Resolution with an amendment
to continue the matter to June 30, 2004, as well as the additional language as provided by the County
Attorney. Commissioner Masden seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Minutes, November 10, 2003 2003-3131
Page 6 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:40 a.m.
BO D OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
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Weld County Clerk to Zia D id . L g, ai
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William H. Jerke
Glenn Vaad
Minutes, November 10, 2003 2003-3131
Page 7 BC0016
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