HomeMy WebLinkAbout911199.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - ROGGEN FEEDLOT (RICHARD
HESSEE) , C/0 GARY DACUS
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, on October 9, 1991, a Show Cause Hearing was conducted to consider
revocation of Special Use Permit #208, issued to Richard Hessee/Roggen Feedlot,
and
WHEREAS, Gary Dacus is manager, and Richard Hessee is owner of said
facility being located on property described as part of the NE'-, of Section 25,
Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, Mr. Dacus and Michael Callahan, Attorney, were present, and
WHEREAS, after review, the Board deems it advisable to continue said matter
to October 16, 1991, at 9:00 a.m. , to allow staff time to review proposals to be
submitted by Mr. Dacus, and to allow time for Mr. Dacus to submit a financial
guarantee to the Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning Roggen Feedlot (Richard
Hessee), c/o Gary Dacus, be, and hereby is, continued to October 16, 1991, at
9:00 a.m.
BE IT FURTHER RESOLVED by the Board that Mr. Dacus be, and hereby, is
allowed until Octoberl 6, 1991, to submit proposals to staff and a financial
guarantee to the Board.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 9th day of October, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �seta, WELD COUN OLORADO
Weld County Clerk to the Board
/ Gord c hairman
6/7 if
Deputy Clerk to the Boa-r4,-t eo e Kenned , Pro-Tem
t /
APPROVED AS TO FORM: G ,,, yam>,, ��®i`
{//�/����,y� Constance L. Harbert
��qa County Attorney C. W.
L'l/l/ H a,..) kr
W. H. Webster VVV
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HEARING CERTIFICATION
DOCKET N0. 91-54
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT 0208
- ROGGEN FEEDLOT (RICHARD HESSEE) , C/0 GARY DACUS
A public hearing was conducted on October 9, 1991, at 10:00 A.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby - Absent
Commissioner W. H. Webster - Absent
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Lanell Swanson
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice, dated September 18, 1991, and
duly published September 26, 1991, in The New News, a public hearing was
conducted to consider the revocation of Special Use Permit 11208 issued to
Richard Hessee/Roggen Feedlot. Lee Morrison, Assistant County Attorney,
made this a matter of record. (Let the record reflect that Commissioners
Kirby and Webster are now present. ) Commissioner Webster abstained from
said Hearing because of a conflict of interest. Lanell Swanson, Planning
Department representative, said the Permit holder is still in violation
with Development Standards 111 and #5, and entered staff's comments into
the record. She recommended continuing said matter to November 27, 1991,
as requested by Gary Dacus, manager of Roggen Feedlot. Ms. Swanson also
read a letter from Wes Potter, Health Department representative, into the
record recommending the request for a 60-day extension be granted, with no
further extensions to be granted. Commissioner Kennedy requested Ms.
Swanson to read the last paragraph of the Resolution from the previous
hearing into the record. Said paragraph concerned the revocation of SUP
0208 if not in compliance by September 27, 1991. Mr. Morrison explained
that this hearing was scheduled because factual determination was needed.
Per a request from Commissioner Kirby, Mr. Potter expanded on the progress
made at the facility since Mr. Dacus has been there. Ms. Swanson said
there are no cattle at the facility presently. In response to a question
from Commissioner Harbert, Ms. Swanson explained that Mr. Hessee is still
the owner, but has moved to Texas, and Mr. Dacus has been managing since
September, 1991. Mr. Potter and Ms. Swanson said that all progress made
has been done by Mr. Dacus. Mr. Dacus said purpose of requesting a 60-day
extension, by letter dated September 24, 1991, was to properly complete
the run-off containment plan. He explained his background with cattle,
the work he has completed since September 5, and his personal interest in
the matter. He reiterated on his accomplishments thus far and his
commitment to said facility. In response to a question from Commissioners
Kennedy and Harbert, Mr. Dacus said Mr. Hessee has 55% interest in the
facility with two partners, and his long-term goal is to own the facility
himself. Mr. Dacus answered further questions of the Board concerning the
financial aspects of the facility. Linda and Joel Shoeneman stated
concerns about the facility and the past management.
Let the record reflect that a recess was taken at this time.
Upon reconvening, Mr. Shoeneman commented on Mr. Hessee's financial
situation and the illegal pens, and he answered questions of the Board.
Ms. Swanson clarified that at a previous hearing the Board considered the
extra pens as a minor change; therefore, they are no longer an issue as
long as the head count does not exceea 3, 600. Mr. Shoeneman responded to
a question from Commissioner Kirby concerning run-off. Marie Buchholz
V11199
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RE: HEARING CERTIFICATION - ROGGEN FEEDLOT
also commented on problems with run-off onto her field and Mr. Hessee's
poor management. Mr. Dacus said he would like the opportunity to make
this facility work, and his assurance was his experience and Mr. Hessee's
financial commitment. He said if he did not have the work completed
within 60 days, there would be no further requests for extensions. He
said he feels the extra pens are needed for 3,600 head, and there would be
no need to expand the pond without the extra pens. He also said he would
take the responsibility of containing run-off. In response to a question
from Commissioner Kirby, Mr. Dacus said the excavation work for the
expansion of the pond would be approximately $13,000 to $15,000. Mr.
Potter commented on the work to be done. There was further discussion
concerning the stock tanks, the flow-through water system, and dust
control. Mr. Potter stated concerns about the flow-through water system
and recommended going to an electric heater system to avoid problems with
disposal. Mr. Dacus said he would like to be able to work that out over
time because of the financial burden. Commissioner Kirby suggested a
letter of credit for $30,000 to $40, 000 for assurance. Commissioner
Harbert stated concerns about the previous experiences with Mr. Hessee,
and agreed with requiring some type of financial assurance. Mr. Morrison
questioned whether other types of collateral would be satisfactory.
Commissioner Kirby said he felt financial assurance for the water system
and the pond was necessary. Mr. Morrison suggested a payment type escrow
to be decreased as work is completed. In response to a question from Ms.
Buchholz, Mr. Dacus said the capacity would not exceed 3,600 head.
Commissioner Kennedy moved for denial and stated his reasons. The motion
died for lack of a second. Commissioner Kirby moved to continue said
matter for 60 days. After discussion, Commissioner Kirby restated his
motion to continue said matter to November 27, 1991, subject to financial
assurance being submitted within one week from today, with staff reviewing
to assure the amount will cover the heaters, pond, etc. Chairman Lacy
seconded the motion and said he would like the matter to be final on
November 27, including the revocation of the Permit if not in compliance.
Commissioner Kirby said that was his intention. Mr. Morrison said the
Board could delegate the revocation process to staff; however, under the
Charter the applicant could appeal to the Board. There was further
discussion concerning the intent of the Board to grant no further
extensions, and to accept testimony concerning compliance only.
Commissioner Kirby said he would make that part of his motion, and
Chairman Lacy agreed. Ms. Swanson recommended the estimates of cost be
approved by Mr. Potter and the financial assurance by legal staff. Mr.
Potter and Ms. Swanson concurred the proposals for the pond and heaters
would need to be evaluated. Ms. Swanson questioned whether the Board
would meet again in one week. Mr. Morrison suggested continuing the
matter one week. Mr. Potter requested the dust control plan be provided
in one week also. Chairman Lacy clarified the dust control plan and the
financial assurance with the specifications for the heaters and the pond
are to be provided within one week. Mr. Potter is to receive the
proposals with the cost estimates for the pond and heaters. After further
discussion, Commissioner Kirby moved to withdraw his motion, and Chairman
Lacy agreed. Commissioner Kirby then moved to continue said matter for
one week for the submission of a financLal guarantee _and proposals to
staff for review to establish an amount needed for the pond, heaters, and
dust control. Chairman Lacy said if the financial guarantee is submitted,
the final date will be November 27, 1991. Commissioner Kirby agreed, and
Mr. Morrison said that it would be appropriate, at next week's hearing, to
continue to November 27. Commissioner Harbert seconded the motion. Ms.
Swanson questioned whether the performance guarantee needed to include an
estimate for the dust control. Mr. Potter said he just needed a plan for
dust control, and it aid not need to be included in the financial
guarantee. Commissioner Kirby again agreed, and Commissioner Kennedy said
he would vote against the motion because he did not feel one week was
enough time. Commissioner Kirby made further comments on the proposals
and the financial commitment. On a roll call vote, the motion carried
three to one, with Commissioner Kennedy voting nay.
-911199
Page 3
RE: HEARING CERTIFICATION - ROGGEN FEEDLOT
This Certification was approved on the 14th day of October, 1991.
APPROVED:
ATTEST: IsDARD OF EOUNTY COMMISSIONERS
-WELD COUNT , C ORADO
Weld County Cler-k to the -Board
/
By: ,��'"/ -7. Lr��- Gord acy rman
Deputy C erk to the Boar
Geo ge Kenne y, Pro-Tem
'TAPE 1191-28
nstance L. Har ert
DOCKET 1191-54 ��//¢¢/��'/�'��
C. k�Kirtfy
PL0749 p�,� // P--2e
W. H. -Webster
911199
ATTE N DANCE -R £ O D -R D
HEARINGS ARE AS -FOLLOWS ON THIIS 9 - DAY OF CJ-C_'_� , 1991 :
DOCKET I gi"S-5` - .:51-16(.0 (16 AC- n-/RCY Yl �� rl �U A C IAC !(Cl
DOCKET
DOCKET A UUU
DOLK£T #
DOCKET #
P1,EASE ;write -or print your name legibly, y_our -avidr_ess and the DOC 4 (as hated
above) _or the name of the applimant bE the hearing y_ou are attending. .
NAME 7 ADDRESS � HEARING ATTENDING
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NOTICE
Pursuant to the zoning laws of the State -of Colorado and the Weld County Zoning
Ordinance, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld _County, Colorado, Meld County Centennial Center, -915 -10th
Street, First -Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the matter are requested to attend and may be heard.
Should any interested party desire the presence of a court reporter to make a
record of the proceedings, in addition to the taped record which will be kept
during the hearing, the Clerk to the Board's Office shall be advised in -writing
of such action at least five days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps may be examined in the office of the
Clerk-to the Board of County Commissioners, located in the Weld County _Centennial
Center, 1115 10th Street, Third Floor, Greeley, Colorado.
DOCKET N0. 91-54
Roggen Feedlot (Richard Hessee)
c/o Gary Dacus, Manager
35895 Weld -County Road 18
Roggen, Colorado 80652
DATE: October 9, 1991
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit #208,
issued to Richard Hessen
LEGAL DESCRIPTION: Tart of the NE'-, of Section 25, Township 2 North, Range b3
klest of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not the uses currently conducted on the site are
in violation of Development Standard #1, which states that
any water andsanitation facilities to be installedshall be
approved by the State -Health Department.
2. Whether or not the uses currently conducted on the site are
in violation of Development Standard #5, which states that
all applicable subdivision regulations and mooning
regulations shall to followed and complied with in
accordance with the zoning resolutions of Weld County,
Colorado.
BOARD OF _COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK 70 THE -BOARD
BY: Shelly Miller, Deputy
DATED: September 18, 11191
PUBLISHED: September 26, 1991, in The New News
'lea! '"�?.".i
STATE -OF LOLORADO 1
)s.s.
COUNT/ OF WELD
David B. Reyrual-ds, being fluty sworn,
says that -ha is publisher of
The New News. a weekly newspaper
published in viCeenesbur-O in said county
and State; that maid newspaper has a NOTICE
general xirculation in said County
and has been eont nousl and Pursuant to the zoning laths of the
State of Colorado and the Weld
untnterruptedly • published therein, County Zoning Ordinance, a,public
hearing well be held in the
during a period of at least Chambers of the Board of County
Commissioners of Weld County
fifty-two consecutive weeks prior to Colorado, Weld County Centennial
the first . Center,. 915 10th Street, First
publication of the annexed Floor, Greeley, Colorado, at the
notice that said newspaper is a time manner
interested
All persons in any
1manner interested in the matter
newspaper within the meaning -of the are requested y ested to attend and
be heard.
act -of the General Assembly of the Should any interested party desire
State of Colorado,, entitled "An Act ma e a recorde of ache proceedings,
s,
make a record of the reporter t
in addition to the taped record
to regulate the printknQ of legal which will be kept during the
hearing the Clerk
notices ant advertisements, " and Ni Board's
Office mall be advised in writing
dys
of such action at least five days
amentments thereto; that the notice prior Jo the hearing. The cost of
431 -which the annexed is a printed engagngacorueprtuere, rRtershallhe
P BEr IT�ALSO KNOR'N�ttrtiai the
co taken from said newspaper, was text and mapsmay be examined
PY in the office of the clerk to the
Board of County Commissioners,
published 1n said newspaper, -and in located in the Weld County
CentennialrCenter 915 10th Street,
the regular and entire issue of Third FT NO.Greeley,Colorado.
evsry number thereof , DOCKET
D gen Reed ti 1�Richara Hesseel
C/� Gary Dacus, d 18, R 3gen,
• Weld Loonetyy Road 18, Roggen,
once a lmeek tor 1 DA11Eorado80&52 9,1991
successive weeks that said totiCe Tln�. .00A.M.
TIMpE: 1 : Hearing to SHOW
was s0 ublished in salt newspaper C617SE for revo. 208, of Special
PUse Richard
Hessee
No. 208, issued to
proper and not in any supplement the NE DESCRIPTION: -Part of
the North,
of Section 25, Townof_the
6th
thereof , and that the .first z NnrtWeld COe 83 West odo 6m
ISSUES:
Weld Count Colorado
�ublieation of said notice as usesct 1. Whether or not the
aforesaid, was on the v`olation of DevelopmentAy site
d
No. 1,which states that any water
and sanitation facilities to be
�� -day Of .., 1� 1 ) s State He shall p approved by the
State Whether oarfinent.
2. Whether or not the _uses
currently conducted on the site are in violation of Development
and thk‘. last -on the day of Standard No. 5 which states that
all applicable subdivision
regulations and zoning regulations
shall be followed and complies
1 with in resolutions of
once with th-Weld Countrzoniny,
Coloratld. BOARD OF COUNTY
WELD COUNTY,COLORADO
y BY: DONALD D.WARDEN
WELD COUNTY CLERK TO
THE BOARD
BY: Shelly-Subscribed and sworn to betore _DAWp_Sept¢embe 18, 1991
Miller,-Deputy
PUESD: September 28, 1991,
in-The-New News
me this 1.1:1_ _day of ea-4e,,
lal)144.t of 1tatts. 1etAct-ri .
MyCeiniri51.;nc : �:!99?
SHOW CAUSE
DATE: October 9, 1991
CASE #ZCH-64
NAME: Roggen Feedlot (Richard Hessee)
c/o Gary Dacus, Manager
ADDRESS: 35895 Weld County Road 18
Roggen, CO 80652
LEGAL DESCRIPTION: Part of the NE4 of Section 25, T2N, R63W of the 6th
P.M. , Weld County, Colorado.
It is the opinion of the Department of Planning Services' staff that the
following development standards as approved for Case Number SUP-208 are not
in compliance.
Cpl. That any water and sanitation facilities to be installed shall be
approved by the State Health Department.
#5. That all applicable subdivision and zoning regulations shall be
followed and complied with in accordance with the zoning resolution of
Weld County, Colorado.
The State Health Department has delegated the responsibility of approving
run-off containment issues to the County Health Department. The applicant
has installed most of the ditches and berms. One area in the southwest
portion of the permitted area needs improvement. The pond expansion plan
has been approved by the Weld County Health Department. The pond is being
pumped and an excavator has been hired. The monitoring well has been
installed.
Based upon the progress made, the Department of Planning Services' staff
recommends that the Board of County Commissioners continue this case to
November 27, 1991 to determine compliance, as requested by the applicant in
his letter of September 24, 1991.
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