HomeMy WebLinkAbout20013005.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 22, 2001
TAPE #2001-44
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, October 22, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke - EXCUSED
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of October 17, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on October 17, 2001, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1302, L. Blake Nelson; and 2)A Site Specific Development Plan and 2nd Amended Use
by Special Review Permit#488, Mobile Premix Concrete, Inc. Commissioner Long seconded the motion,
which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: John Folsom, southwest Weld resident, discussed a recent article in the Denver Post,
regarding the ballot issue concerning GoCo funds. He stated the article references statistics about the
percentage of grants awarded to different counties in the state; and Weld County, which represents two
percent of the population, was awarded only one percent of GoCo grants. He further stated none of the
grants awarded benefitted land preservation. Mr. Folsom stated Weld County should receive its fair share.
He stated surveys have been approved for the St Vrain Valley Legacy Grant; however, no funds were
awarded for actual development of the area. He also said he thought there was GoCo money awarded
for the Poudre Trail, although the figures given in the article do not appear to include that amount. Mr.
2001-3005
BC0016
Folsom stated his two concerns are that the money included on the ballot issue will be used to buy land
at an inflated value, and that Weld County might not participate in the grants awarded in ratio to its
population. Mr.Warden stated he read the article and the$1.3 million is probably not an accurate amount,
since the Legacy grant included 13 participating jurisdictions, with Ft. Collins taking the lead and getting
the credit.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $559,027.05
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - CRICKET COLORADO PROPERTY COMPANY: Bruce Barker, County Attorney, stated this
agreement is the standard lease form that will be used for leasing our communication towers, and he
recommended approval of said lease. Mr. Warden stated this is the 35th Avenue tower, for$800.00 per
month. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Masden, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST HORTON CATTLE COMPANIES, C/O TRENT HORTON, FOR VIOLATION OF THE WELD
COUNTY CODE: Cindy Etcheverry, Department of Public Health and Environment, stated staff
recommends this violation be turned over to the County Attorney for legal action because the applicant
failed to implement a plan of correction within the timeline given, as well as failure to keep dust within the
property boundaries. Responding to Commissioner Vaad, Ms. Etcheverry clarified that the complaints
began in early summer, when neighbors were getting lots of dust from the facility. She stated staff did
substantiate that finding, and requested a plan of correction; however, the applicant did not meet the
deadlines reflected in the plan. After receiving more complaints, staff determined the plan was not
sufficient. Trevor Jiricek, Department of Public Health and Environment, further clarified that in late July
a rash of complaints was received; however, when contacted the applicant stated the pump was not
working and the situation would be remedied by Labor Day. Mr. Jiricek stated at that point he did not
pursue the violation; however, another rash of complaints was received, therefore, he again verified dust
was occurring and initiated the letters and violation procedure. He stated he has been discussing the
problem with the facility throughout the process, and the applicant was been notified the dust was not
confined to the site, a time line and corrections plan was requested, the plan was implemented; however,
the problem was not alleviated. Commissioner Masden stated after receiving quite a few phone calls, he
went to the site and it does look pretty bad,with lots of people having problems. He stated the dust usually
gets worse in the afternoon, and is being sucked into air conditioners and swamp coolers. Responding
to Commissioner Vaad, Mr. Barker explained the action that will be taken by his office if this matter is
referred, and stated his staff can discuss the options with the applicant, and stated the violation would not
be taken to Court unless there is evidence the applicant has not done what was promised.
Joe Hoff, Chief Financial Officer of Horton Cattle Companies, stated they have done everything available
to control dust. He said they have operated this feedlot for over 15 years, and nuisance complaints, such
as dust,flies, and odor, are inherent in the feedlot business. Mr. Hoff stated he was notified late in August
and responded within a few days to indicate the pump and sprinklers would be repaired by Labor Day. He
also stated after the pump was repaired he received no other communication from the Health Department
Minutes, October 22, 2001 2001-3005
Page 2 BC0016
until he received the October 4, 2001, letter indicated this matter was scheduled before the Board. Mr.
Hoff stated it is impossible to confine dust to a feedlot, even though the Code says it must be done. He
also explained the situation increases in density in the fall when new calves are brought in and the pens
fill up.
Trent Horton, Horton Cattle Companies, stated he did receive a phone call from Mr. Jiricek late in August,
asking for a plan of action; he explained the pump was in disrepair and the timeline for fixing it. Mr. Horton
stated this is a leased feedlot, and they did fix the pump and felt like a good job was being done in
controlling dust as much as is feasible. He said the storms did come, and the dust subsided. He then
received a call from Mr. Jiricek in October stating more complaints had been received and the matter had
been scheduled before the Board. Mr. Horton discussed the fall run in September and October and the
options he has of limiting pen densities, and watering; however, he explained he does not want to make
the cattle sick by too much watering, and no solution will be perfect for both parties, although he is willing
to work together to solve the problem. Responding to Commissioner Vaad regarding the possibility of
pretreating the pens for the fall run, Mr. Horton stated that could be done; however, he can water the top
of the pens, then as soon as the cattle start moving it kicks up dust. He said he would have to totally
saturate the pens until they were like mud to stop all the dust, and the calves would have a wet belly at
night from laying in it. Responding to further questions from Commissioner Vaad, Mr. Horton explained
harrowing, which appears to work for dairies, does not necessarily help in this situation because instead
of dealing with large animals, he is talking about small calves who are running,jumping and playing in the
evenings. Responding to Commissioner Masden, Mr. Horton said when the sprinklers and pump were
repaired it did make a difference; however, he explained there is a fine line between having too much dust
and having the pens too wet. He said the sprinkler is set up for the back half of the pens only, and he has
to lease trucks to do the driveways and front half. He further explained since he does not own the
property, he does not want to invest too much capital to fix it. Responding to Chair Geile regarding the
dust extending west past Highway 85 every night of the week, Mr. Horton stated he is not there driving it
at night, so he does not know for sure, he only hears the complaints.
Darrell Lang, EnviroStock, discussed the warm, dry weather conditions during the timeframe of the
complaints and, although they can wet the top surface of the pens without saturation, they cannot contain
fugitive dust absolutely. He said they need latitude and judgement in addressing the issues since they are
doing a balancing act between suppression of dust and maintaining healthy pen conditions. Responding
to Commissioner Vaad regarding the potential of dust pneumonia, Mr. Lang stated that would be the case
if the dust is dense enough and the animal is breathing it continuously, whereas, in this situation it is only
a problem in the late afternoon and evening hours. Mr. Lang indicated the timing of the sprinkler needs
to be looked at, as well as its duration. Commissioner Vaad suggested it might be helpful to wet the
particles below the surface using a wetting agent to break the surface tension; and stated fugitive dust is
only fugitive when it leaves the property, therefore, buffering to the edge of property might be of benefit.
Mr. Lang responded it is a real balancing act; using a wetting agent does not appear to be indicated; and
with the slope of the property, buffering would be limited because of the amount of elevation required to
achieve any benefit. Commissioner Vaad stated he very much values agriculture and what it brings to the
economy of Weld County, and he would like to see them figure out a balance. Responding to Chair Geile,
Mr. Lang stated if the plan is not effective after implementation, he can further refine the timing and amount
of suppressant used; additionally,watering the front part of the site needs to be reviewed and addressed;
and it would take approximately 60 days to physically develop site improvements,although the dollar costs
associated would cause additional consideration and Mr. Horton should discuss that issue.
Larry Walter, resident on Weld County Road 6, stated he moved in 1983, and he is one-half mile south
of the feedlot. He stated the feedlot was not opened in 1983; however, it has been a problem every year
since it has been reopened. He said on numerous occasions, the dust crossing Highway 85, is so heavy
it is like fog, and drivers have to hit their brakes to slow down. He stated in the summer they are unable
Minutes, October 22, 2001 2001-3005
Page 3 BC0016
to sleep with windows open because of the amount of dust and dirt that enters the house, and he feels
there has to be some way to control the dust, allowing the feedlot to operate and residents to live nearby.
Responding to Chair Geile, Mr. Horton reiterated he has leased the property roughly 15 years, although
this is the first year they have had to come before the Board of County Commissioners. He said in past
years there have been some complaints and they have run into the same situation; although they have
greatly improved on what was there originally. Responding further to Chair Geile, Mr. Horton indicated he
would need to talk to the owners about capital expenditures; however, some more mobile efforts, such as
additional trucks, could be negotiated and, if cost were viable, could proceed within 60 days. Responding
to Commissioner Vaad, Mr. Horton stated that any plan written now would cover the fall run next year,and
Commissioner Masden stated the plan needs to address the dry months and heavy periods of time.
Responding to Chair Geile, Mr. Barker indicated the Board can refer now with instructions to delay action
for 60 days, to allow time for the new plan to be submitted to the Health Department, and implemented.
Commissioner Masden stated 60 days is more winter months, and the time frame should be extended to
assure the plan implementation manages the more dusty times; therefore 120 days would be more viable.
Responding to Commissioner Vaad, Mr. Barker stated the violation can be referred, the plan required
within 60 days, and the violation can be held open until it is certain the implemented plan has been
effective and the dust has been abated. Mr. Barker also indicated the Board can continue this matter,
required the plan to be submitted and approved within 60 days, implemented within another 60 days, and
assure it was effective within the next six months. Responding to Commissioner Vaad, who said he is
cautious about using the phrase"approved by the Health Department", Mr.Jiricek stated with similar cases
when staff receives a plan they have brought it before the Board for approval,with staff's recommendation,
particularly if the two parties cannot agree.
Commissioner Masden moved to refer the violation against Horton Cattle Companies, do Trent Horton,
to the County Attorney's office for legal action, with the instruction to delay action upon such referral for
a period of nine months to assure the implemented plan is effective, and to require a Dust Control Plan
be submitted to the Department of Health and Environment within 60 days for review. The motion was
seconded by Commissioner Vaad. Mr. Barker clarified that if the plan is submitted and implemented within
the time frame and it is obvious it is not working, it would be better not to have the nine month period of
time before legal action could be filed. Both Commissioners Masden and Vaad agreed to amend the
motion. Chair Geile clarified there would be immediate action if no plan is submitted by December 22,
2001, and responded to Mr. Horton that if it is a good plan which still fails, the only option would probably
be legal action at that time. Mr. Lang stated compliance is a broad issue and requested a standard to be
defined; and Mr. Jiricek stated the Code requires dust to be confined to the facility. Chair Geile requested
staff to work with Mr. Horton on compliance, and Mr. Barker indicated the plan can define the standard so
everyone agrees as to when a violation exists. Mr. Jiricek asked for staff direction in defining a standard
less than that already stated in the Weld County Code, to which Chair Geile instructed staff to work on the
plan, and deal with those issues as they arise. On a call for the motion, it carried unanimously.
NEW PLANNING BUSINESS:
CONSIDER REQUEST FOR PRE-ADVERTISEMENT OF USE BY SPECIAL REVIEW PERMIT#1356 -
SCOTT AND SUSAN BUSKER: Lauren Light,Department of Planning Services,stated staff recommends
approval of the request for pre-advertisement. Tom Haren, AgPro Environmental Services, stated the
request is being made because of the process and time limits that are not under the control of the
applicant. No public testimony was given. Commissioner Vaad moved to approve the request of Scott and
Susan Busker to pre-advertise Use by Special Review Permit#1356,and to set the hearing for December
5, 2001, at 10:00 a.m. Commissioner Long seconded the motion, which carried unanimously.
Minutes, October 22, 2001 2001-3005
Page 4 BC0016
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
PLANNED UNIT DEVELOPMENT,S#554, IDAHO CREEK, PHASE 1 -KB HOME OF COLORADO, INC.:
Chris Gathman, Department of Planning Services, stated staff recommends approval of said agreement;
the form of collateral has been approved by the County Attorney's office, and receipt of the Development
Bond should be within five working days;several additional agreements will be presented in the future;and
this is the agreement for Phase I, and is marked Exhibit A in the agreement. Don Carroll, Department of
Public Works, stated he has reviewed all phases of the development, broken it down by phase and
checked quantities, and he is comfortable with what is being proposed. Responding to Commissioner
Vaad regarding the change of ownership and intentions of the Board regarding open space, Bob
Caravona, Project Manager for KB Home of Colorado, Inc., stated he does understand all the
commitments made by the previous owner; he had a long discussion with Monica Mika, Department of
Planning Services Director, regarding open space; and he does have a clear indication of what needs to
be done to comply with the intentions of the Board of County Commissioners at that time. Commissioner
Vaad moved to approve said agreement and accept the form of collateral. Commissioner Masden
seconded the motion, which carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER RECORDED EXEMPTION #3130 - LYNN JOHNS (CON'T FROM 10/15/2001): Chris
Gathman, Department of Planning Services, stated the proposal is fora two-lot Recorded Exemption east
of Weld County Road 17, and one-half mile south of Weld County Road 10. Mr. Gathman stated staff is
recommending denial, based on Section 24-8-80.G of the Weld County Code. Mr. Gathman explained the
applicant purchased the property on March 30, 2001, and the previous property owner, Vick Lusero,
applied for a Recorded Exemption on this property and on the adjacent property to the south on August
16, 2000. Mr. Gathman stated staff considers simultaneous recorded exemptions on adjacent properties
to be a subdivision and an evasion of the subdivision regulations. He indicated Mr. Lusero, at the request
of staff, later withdrew his application; however, the layout of proposed Recorded Exemption #3130 is
exactly the same as the earlier application submitted by Mr. Lusero. Responding to Commissioner Vaad,
Mr. Gathman clarified the applicant did not submit the earlier application; however, the current application
has exactly the same wording and configuration as the previous one. Chair Geile advised Don Thompson,
applicant's representative, of his options with only four Board members present. Mr. Thompson chose to
have the request reviewed today. Mr. Thompson stated the applicant purchased the property which was
sectioned off by the ditch company many years ago;the ten-acre parcel is not large enough for agricultural
purposes; and the county would have two taxpaying residences instead of one. He indicated he is a
realtor, and is not involved with the property. Mr. Gathman requested a change in the wording, to be
added to Condition of Approval #4.D, indicating a shared access point which would require an easement
certificate on the plat. Mr. Barker indicated it would not be necessary if the access goes directly into each
lot. Mr. Gathman stated if the access is down the middle, the 20 feet on each side would need to be an
easement, and he reiterated the Department of Public Works is recommending a shared access instead
of two. Responding to Commissioner Long, Mr. Gathman stated the County Attorney researched this
parcel and determined the 10 acres was split off prior to 1972, therefore it is a legal lot. Don Carroll,
Department of Public Works, stated the recommendation is to limit the two lots to one access, either
shared or identified on Lot B with an easement for the benefit of Lot A, although it is up to the owner where
the access is located. Mr. Barker clarified if a shared access is indicated, an easement would be shown
on the plat, with the easement dedicated. Commissioner Vaad moved to approve Recorded Exemption
#3130 for Lynn Johns, with the Conditions of Approval as recommended by staff, with the appropriate
language added to Condition of Approval #4.D. The motion, which was seconded by Commissioner
Masden, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, October 22, 2001 2001-3005
Page 5 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 10:35 a.m.
BOARD OF COUNTY COMMISSIONERS
��,�� WELDDCOU Y, COLORADO
ATTEST: Leje 'v"' rte'► �G'!� QiL�i
*In�y M. J. eile, Chair
Weld County Clerk to the .ar
Iasi O lb Glenn Vaad, r - m
BY:
Deputy Clerk to the B EXCUSED
♦ &NIA, Wi H. Jerke
vid . on
Robert D. Mas en
Minutes, October 22, 2001 2001-3005
Page 6 BC0016
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