HomeMy WebLinkAbout20210264.tiffBOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
1150 O Street, Greeley, Colorado 80634
TRANSCRIPT OF PUBLIC HEARING
RE: CHANGE OF ZONE, COZ20-0004, FROM THE
A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT - GERRARD INVESTMENTS, LLC, C/O
ROCK AND RAIL, LLC
(10:00 A.M. TO 5:38 P.M.)
The above -entitled matter came for public meeting before the Weld
County Board of County Commissioners on Wednesday, July 22, 2020, at
1150 O Street, Greeley, Colorado, before Jess Reid, Deputy Clerk to the
Board.
I HEREBY CERTIFY that upon listening to the audio record, the
attached transcript, as prepared by Carmen Murphy, DausteriMurphy,
www.daustermurphy.com, 303.522.1604, is a complete and accurate
account of the above -mentioned public hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Esther E. Gesick
Clerk to the Board
COMMUfl', co. f ;Q S
2/►/j
2021-0264
PL.23G0
1 APPEARANCES:
2 ON BEHALF OF THE BOARD OF COMMISSIONERS:
3
4
5
6
7
COMMISSIONER MIKE FREEMAN, CHAIR
COMMISSIONER STEVE MORENO, PRO-TEM
COMMISSIONER SCOTT K. JAMES
COMMISSIONER BARBARA KIRKMEYER - EXCUSED
COMMISSIONER KEVIN D. ROSS
8 ALSO PRESENT:
9
10
11
ACTING CLERK TO THE BOARD, JESS REID
ASSISTANT COUNTY ATTORNEY, BOB CHOATE
PLANNING SERVICES DEPARTMENT, ANGELA SNYDER
12 PUBLIC WORKS DEPARTMENT, MELLISSA KING
13 HEALTH DEPARTMENT, LAUREN LIGHT
14
15 APPLICANT REPRESENTATIVE:
16 BRIAN CONNOLLY, ATTORNEY - OTTEN, JOHNSON, ROBINSON,
17 NEFF AND RAGONETTI, PC
18 DAVID HAGERMAN, VICE PRESIDENT OF ROCK AND RAIL
19 TOM HAREN, AGPROFESSIONALS, LLC
20 GARY GERRARD, APPLICANT/LANDOWNER
21 ANDREW TRUITT., BEHRENS AND ASSOCIATES
22
1
1 (Beginning of audio.)
2 CHAIR FREEMAN: We will go ahead and
3 reconvene as the Board of County Commissioners. Let the
4 record reflect that four out of five commissioners are
5 present with Commissioner Kirkmeyer excused. Call up the
6 case today, Docket 2020-47, Change of Zone, COZ20-0004.
7 MR. CHOATE: Case COZ20-0004, the applicant
8 is Gerrard Investments, LLC, in care of Rock and Rail, LLC.
9 The request is a Change of Zone from the Agricultural Zone
10 District to the I-3 (Heavy Industrial) Zone District.
11 This is Lot B of Recorded Exemption RE -2803,
12 being part of the southwest quarter and part of the
13 southeast quarter and a tract being fully in the southwest
14 quarter, all in Section 18, Township 5 North Range 67 West
15 of the sixth principle meridian in Weld County. Located
16 east of and adjacent to County Road 13, north of and
17 adjacent to County Road 56.
18 A notice of today's hearing was published
19 June 3, 2020, in the Greeley Tribune.
20 CHAIR FREEMAN: Okay. Commissioner Moreno.
21 COMMISSIONER MORENO: Mr. Chair, if I may
22 make a comment before we begin this hearing here. I'd like
23 to make a comment about this hearing because we have
24 received notice that there might be a conflict of interest
25 because I was on the board and voted on a USR pertaining to
2
1 the property in today's hearing, along with a lawsuit where
2 my name is listed on.
3 I do not see this as a conflict of interest
4 as this is completely a different hearing today. I know
5 that I can be fair in listening to both sides today and
6 make a fair decision related to COZ20-0004 today.
7 I also have asked our legal counsel if I may
8 have a conflict of interest and been advised I do not
9 as -- at this -- these are two different cases. And I just
10 wanted this stated for the record, Mr. Chair, and thank
11 you.
12 CHAIR FREEMAN: Thank you, Commissioner.
13 And I'm going to just include the exact same
14 statement, that Commissioner Moreno just included in the
15 record, with the exact same -- with the exact same
16 reasoning. I'm not going to restate it. It doesn't make
17 sense to read it twice.
18 So with that, before we get started, let me
19 just kind of go over real quickly how we're going lay this
20 out today. We will be hearing from planning -- from our
21 planning staff to begin with. Then we will hear
22 presentations from the applicant. Then we will close that
23 and move to public comment.
24 Normally in public comment, each person is
25 given three minutes to speak in public comment. But in
3
1 this particular case, it's my understanding that there's a
2 number of people that have all gone together, have given
3 their time to the neighborhood group to present that.
4 So my intention on this is to allow the
5 neighborhood group, with the number of people that you guys
6 have got, to limit that to one hour. Once we conclude
7 that, then we will open -- we will continue with public
8 input for anybody that would like to make public comment
9 either in favor or opposed to this application that is not
10 included in the neighborhood group.
11 So if you're included in the neighborhood
12 group, then -- then that group will be speaking for you.
13 But there are other people that, for other reasons that are
14 not included in that, that we'll take that public comment
15 following that.
16 The one other thing that I do want to put
17 in -- that I just want to make clear before we start is we
18 will be taking -- we will be taking a lunch break today.
19 We're going to do a very short lunch break. We're going to
20 keep it to an hour. We'll do it as close to noon,
21 depending on where we're at in the thing that makes sense.
22 If it's quarter to 12:00 or whatever when we get there,
23 we'll probably just go 15 minutes early so that we don't
24 get started.
25 The one thing that I will do right before we
4
1 break, though, if there's anybody that has public comment
2 that is unable to come back this afternoon, I will go ahead
3 and -- I will go ahead and hear that public comment before,
4 just to be -- to be fair to your time. If there's anybody
5 in the audience that wants to public comment that is unable
6 to return afterward.
7 The other -- the other thing that I'm going
8 to put into the record as well is the case that we are
9 hearing today is a Change of Zone case. It is not a USR.
10 It is not -- it is completely irrelevant from a USR that is
11 currently on the site or could be in the future. This is
12 simply a case to just discuss a Change in Zone on a piece
13 of property.
14 So with that, go ahead, Angela.
15 MS. SNYDER: Angela Snyder, Department of
16 Planning Services. Good morning, Commissioners.
17 UNIDENTIFIED SPEAKER: Good morning.
18 MS. SNYDER: The applicant, Gerrard
19 Industries, LLC, is requesting a Change of Zone from the A
20 Agricultural Zone District to the I-3 Heavy Industrial Zone
21 District. The signs announcing this hearing were posted on
22 County Road 56 and County Road 13 on May 23, 2020, more
23 than ten days prior to the Planning Commission hearing by
24 planning staff.
25 As stated, the property is north of and
5
1 adjacent to County Road 56, east of and adjacent to County
2 Road 13.
3 The property owner has requested to change
4 the zone on a property zoned A Agricultural to I-3 Heavy
5 Industrial. A transloading and concrete batch facility
6 currently operating on -site was originally permitted by Use
7 by Special Review permit USR15-0027. However, the USR
8 permit was overturned by the Colorado Court of Appeals and
9 is no longer valid.
10 The site is subject -- is the subject of
11 Federal Civil Action Number 1:18-CV-02453-RBJ, which seeks
12 a judgment declaring that under federal law the activities
13 conducted onsite by Rock and Rail, LLC, are or are not
14 subject to land use regulation by Weld County.
15 The case was originally set for May 11th,
16 2020, but because of the recent health crisis, has been
17 postponed to August of this year.
18 Since the facility was constructed in 2016,
19 the site has been operated -- or at least from 2018, the
20 site has been operated in accordance with the requirements
21 of the Surface Transportation Board, via the Interstate
22 Commerce Commission Termination Act of 1995, commonly
23 referred to as ICCTA.
24 Weld County will not consider any land use
25 enforcement action with regard to the overturned USR permit
6
1 until the trial is conducted and judgment by the Federal
2 District Court is issued.
3 Changing the zone district of the property
4 to I-3 is independent of this previous USR permit and the
5 pending court case. It is not a use -specific action.
6 A change of zone would expand the types of
7 uses available on the property to include any or all of the
8 uses allowed by right in the I-3 zone district through an
9 administrative Site Plan Review process or through Use by
10 Special Review process that would require approval by this
11 board.
12 In order to approve a Change of Zone, the
13 Board of County Commissioners needs to consider the
14 application's compliance with five criteria listed under
15 the duties of the Board of County Commissioners in Weld
16 County Code 23, Article 2, Section 40.
17 First, it's that the proposal is consistent
18 with Chapter 22 of the Weld County Code. Number 2: That
19 the uses which would be allowed on the subject property by
20 granting the Change of Zone will be compatible with the
21 surrounding uses. Number 3: Adequate water and sewer
22 service can be made available to the site to serve the uses
23 permitted within the proposed zone district. Number 4:
24 Street or highway facilities providing access to the
25 property are adequate in size to meet the requirements of
7
1 the proposed zone districts. Number 5: In those instances
2 where certain characteristics are applicable to a rezoning
3 request, the applicant has demonstrated compliance with
4 applicable standards.
5 We'll look at each criteria separately.
6 Criteria 1: That the proposal is consistent
7 with Chapter 22 of the Weld County Code, which is the
8 comprehensive plan. The Comprehensive Plan is adopted by
9 the Board of County Commissioners as an ordinance and is
10 the basis for rules and regulations that govern planning,
11 zoning subdivisions, and land use. By understanding the
12 conditions of today and by identifying the goals -- goals
13 for the future, we are able to make decisions that allow
14 Weld County to reach those goals. Just as importantly, a
15 Comprehensive Plan also helps us avoid making decisions
16 that would prevent Weld County from reaching its long-term
17 goals.
18 In a practical sense, the Comprehensive Plan
19 functions as a short-range document also, actively
20 providing context and rationale for decisions that are made
21 today to reach the goals for tomorrow.
22 The Comprehensive Plan is based on six
23 guiding principles for all land use goals, policies, and
24 decisions.
25 Private property rights is the first guiding
8
1 principle. One of the basic principles upon which the
2 United States was founded, which it continues to preserve
3 and Weld County upholds, is the right of citizens to own
4 and utilize their property. Private property rights are
5 not unlimited rights but, rather, rights balanced with the
6 responsibility of protecting community health, safety, and
7 welfare. It is the goal of the Comprehensive Plan to
8 promote opportunities for county citizens while protecting
9 private property rights.
10 As it pertains to this case, the property
11 owner, Gerrard Industries, have the right to request zoning
12 of the property in question.
13 The next one is respect for our agricultural
14 tradition. It's a matter of fact that agriculturally zoned
15 land is being changed to residential, commercial, and
16 industrial development, and the county respects the
17 property owner's right to request a change.
18 It is important that these new uses are
19 respectful of their agricultural neighbors, such as
20 protecting crops and irrigation systems. In this case,
21 affected ditch companies were sent requests for referrals.
22 Both the Reorganized Farmers Ditch Company and the Hill and
23 Brush Ditch Company responded with concerns related to
24 water contamination.
25 These concerns were relayed to the
9
1 applicant. Tetra Tech, the engineering firm responsible
2 for the drainage design onsite, responded on May 28, 2020,
3 by outlining the mitigation measures already constructed
4 and how the irrigation systems are being protected. These
5 are found in Planning Commission Exhibits 73 and 74.
6 Tetra Tech further clarified the systems in
7 the statement submitted for the record on July 20, 2020,
8 which is found in the BOCC exhibits.
9 C: Fairness in the land use change
10 procedure. These are some of the ways that Weld County has
11 implemented fairness into this process. It is a timely
12 process. The complete application was received April 13,
13 2020, three months ago.
14 B: It is an open process to facilitate
15 public information and input. However, land use changes
16 are not approved or denied solely on the base of public
17 input.
18 C: It provides open communication through
19 the development review process to the applicant, neighbors,
20 and communities impacted by the proposed changes. Case
21 documents are available to anyone in the public on our
22 E -permitting site. Phone numbers and email addresses are
23 readily available for contacting staff or the appropriate
24 agency with complements related to a case.
25 And, D, it allows for approval when all
10
1 written criteria of land use regulations are met.
2 The next one is recognition of the county's
3 diversity. Land use policies must reflect -- must be
4 flexible to adapt to the specific location and
5 circumstances of each proposed land use change, evaluating
6 the cumulative affect of the action.
7 E: Regulations addressing land use changes.
8 Land use regulations which address land use changes should
9 be written so that they protect the rights of property
10 owners and the public's health, safety, and welfare.
11 And F: Economic growth. Land use policies
12 have a significant impact on economic conditions in the
13 county and should be structured to encourage economic
14 prosperity and economic growth.
15 It is important to evaluate a zone change
16 request to make sure it meets one or more of the goals
17 expressed in the Comprehensive Plan, furthering the
18 long-term vision of Weld County. There are seven goals
19 listed for industrial development.
20 Goal 1: "Promote the location of industrial
21 uses within municipalities, county urban growth areas,
22 intergovernmental agreement, urban growth areas, growth
23 management areas as defined in municipality comprehensive
24 plans, the regional urbanization areas, Urban Development
25 Nodes, along railroad infrastructure, and where adequate
11
1 services are currently reasonable or attainable."
2 The site is located within the growth
3 management area of the Town of Johnstown -- let's see,
4 oh -- within the Town of Johnstown and within the following
5 coordinated planning agreement areas of Johnstown,
6 Milliken, and Windsor. The proposed Change of Zone is also
7 located within the City of Greeley's referral area.
8 The subject site is adjacent to three major
9 rail lines: two Great Western and one Union Pacific. It is
10 adjacent to the county roads -- to County Road 13, also
11 known as Colorado Boulevard, which is an arterial road
12 listed on the county functional classification map. And it
13 is within a half mile of U.S. 34.
14 Potable water is provided to the site by
15 Little Thompson Water District.
16 Goal 2: Goal 2 states, "Encourage
17 appropriate industrial development to annex to a
18 municipality if the new or expanding industrial development
19 is adjacent to the municipal corporate limits."
20 The site is located within the three-mile
21 referral area and the Coordinated Planning Agreement of the
22 Town of Johnstown.
23 The applicant was encouraged to consider
24 annexation to the Town of Johnstown through the
25 pre -application process in accordance with the Weld
12
1 County/Johnstown Coordinated Planning Agreement located in
2 Weld County Code Chapter 19, Article 21.
3 The Town of Johnstown, in their notice of
4 inquiry response dated March 2, 2020, indicated that the
5 applicant was approached by the municipality -- oh, sorry.
6 The applicant -- let's see -- was approached
7 by the municipality on February 5, 2020, in pursuit of a
8 potential annexation. According to Section 19-21-50 of the
9 Weld County Code, the municipality has 21 days from first
10 contact with the municipality to discuss the opportunity
11 for annexation.
12 Property owner was not interested in
13 annexation at the time, as stated in a letter submitted via
14 email dated May 26, 2020, which is PC Exhibit 70. The
15 Change of Zone application was accepted by the County on
16 April 13, 2020, 42 days after the initial contact with the
17 municipality.
18 It is the -- it is the County's current
19 position to encourage, but not force, annexation so as not
20 to preclude private property rights.
21 The property is within the three-mile
22 referral area of the City of Greeley and the Coordinated
23 Planning Agreement areas of the towns of Windsor and
24 Milliken. This is Windsor's growth management area and
25 Greeley's growth management area. There is a star where
13
1 the subject site is located. So that's Windsor and
2 Greeley.
3 The property is not within any identified
4 growth areas of those municipalities. Notice of inquiry
5 responses were received from towns with coordinated
6 planning agreements, Milliken and Windsor, on February 7,
7 2020. Neither town indicated an interest in annexing the
8 property.
9 Goal 3: "Consider how transportation
10 infrastructure is affected by the impacts of new expanding
11 industrial developments."
12 Both adjacent rail and vehicle
13 transportation infrastructure are capable of handling
14 industrial development.
15 Industrial Goal 4: "All new industrial
16 development should pay its own way."
17 The infrastructure in this area has already
18 been brought up to an industrial level of service as a
19 result of recorded improvements agreement 2016-3738,
20 Reception Number 4335536 with Weld County.
21 Goal 5: "New industrial uses or expansion
22 of existing industrial uses should meet existing federal,
23 state, and local policies and legislation."
24 Should the Change of Zone be approved, any
25 uses will be subject to a Site Plan Review or Use by
14
1 Special Review, which will require local, state, and
2 federal regulation compliance.
3 Currently the site is regulated by the
4 Surface Transportation Board, and any concerns can be
5 addressed to Gabriel Meyer in the Service Transportation
6 Board's Rail Customer and Public Assistance Program whose
7 contact information is shown on the slide.
8 Goal 6: "Minimize the incompatibilities
9 that occur between industrial uses in the surrounding
10 properties."
11 The Department of Planning Services and the
12 Department of Public Health and Environment have provided
13 general development standards to mitigate the impacts of
14 land use development and will provide detailed mitigation
15 requirements to the site planning and building permit
16 processes.
17 For example, visual and sound barriers are
18 required between industrial and residential properties
19 through the Site Plan Review or Use by Special Review
20 process in accordance with Section 22-2-80.F.2.
21 The Cooperative Planning Agreement with the
22 Town of Windsor found in Chapter 19, Article 7 -- 6 of the
23 Weld County Code also outlines common development standards
24 that apply to this site.
25 The site is -- the site currently has
15
1 landscape berms surrounding the facility and much of the
2 rail. According to the 2015 Colorado Noise Analysis and
3 Abatement Guideline Section 4, earth and berms are
4 effective sound mitigation tools, and sound walls are
5 another effective option. Technological advancements can
6 aid in the reduction of dust created by industrial
7 operations and are recommended to be employed on any
8 operation near residences.
9 Goal 7: "Recognize the importance of
10 railroad infrastructure to some industrial uses."
11 Northern Colorado continues to experience
12 significant growth. At the time of writing this speech, we
13 had received nearly 30 letters of support for the rezoning
14 that were sent in from area construction and
15 railroad -related businesses, emphasizing the need for the
16 facility in Northern Colorado.
17 Building and road construction require a
18 dedicated and easily accessible supply of goods produced by
19 the industrial businesses to meet the demand. There is a
20 current need for industrial zoned property which fosters
21 economic growth, one of Weld County's guiding principles.
22 Fostering the agglomeration of industrial
23 businesses along established rail lines and major
24 transportation networks encourages the use of rail for
25 transport of goods, thereby reducing truck -related traffic,
16
1 emissions, and road damage.
2 Zoning property for the industrial uses
3 along rail lines in close proximity to major highways and
4 restricting the permitting of industrial uses in remote
5 areas protects rural property from the encroachment of
6 incompatible uses.
7 Criteria 2. Don't worry, they get shorter.
8 Criteria 2: "Uses which would be allowed on
9 the subject property by granting the change of zone will be
10 compatible with the surrounding land uses."
11 There is controversy over the compatibility
12 of this site with the surrounding land uses.
13 Surrounding municipalities have been
14 critical of Weld County's approval of the 2015 Industrial
15 Use by Special Review Permit and have expressed concern in
16 the proposed rezoning of the property. Surrounding
17 property owners sent in letters by the dozens expressing
18 concerns of dust and noise pollution. Representatives from
19 both are here, and you will have a chance to hear from them
20 later.
21 Windsor and Greeley concerns relate to a
22 2008 intergovernmental agreement between municipalities
23 that identify the area as a secondary corridor area outside
24 the principal employment corridor, which is limited to that
25 area within a half -mile of Highway 34. Weld County was not
17
1 party to that agreement.
2 Staff finds that the agreement fails to
3 account for the role that rail plays into development
4 options. This site is outside the growth management areas
5 for both of those municipalities and, therefore, is not
6 likely to become incorporated into Windsor or Greeley.
7 The City of Greeley planning director, on
8 July 13, 2020, corresponded with the planning department
9 wishing to clarify that the referral response made May 14,
10 2020, was not intended to recommend approval or denial but,
11 rather, to make observations. The city differs -- defers
12 to the comments of the jurisdictions in the immediate area.
13 The Town of Johnstown returned a
14 recommendation of denial for incompatibility with future
15 plans for the area on May 14, 2020. The 2008 Johnstown
16 land use framework plan designates this area for
17 conservation -oriented agriculture and large -lot residential
18 uses.
19 The town also submitted a statement at the
20 Planning Commission hearing on June 16, 2020, further
21 confirming the previous recommendation of denial.
22 County Road 13 and the area around the
23 subject site are encumbered by three rail lines within one
24 mile. And, therefore, it is a very unlikely location for
25 residential development. The land immediately to the north
18
1 of the site is designated on the Johnstown comprehensive
2 plan for commercial mixed use and employment.
3 Much of the incorporated land directly to
4 the west of County Road 13 is being used for industrial,
5 rail -oriented uses and is zoned mixed use. Lands to the
6 south of the site are split by two regional rail lines and
7 are a mix of industrial and agricultural uses.
8 There's a quarter -mile to a half -mile
9 pattern of industrial development along the Union Pacific
10 track as it continues north through Loveland and Fort
11 Collins. It is logical that the southeasterly expansion of
12 industrial uses will follow the rail corridor and remain
13 within a half -mile of County Road 13 as its own arterial.
14 The Town of Milliken returned a referral
15 response indicating concerns with future increased rail and
16 truck traffic. The County requires haul routes to be
17 defined as part of the application for a Site Plan Review
18 or Use by Special Review. The Town of Milliken or any
19 affected agency will be able to address concerns relating
20 to a proposed site plan proposal with a referral response.
21 The County does not have the ability to
22 regulate rail traffic, but encourages applicants to address
23 suggestions or concerns.
24 Northeast of the site is an urban -scale
25 residential subdivision known as Indianhead. The
19
1 subdivision is zoned A Agricultural. To the east, there is
2 a reservoir and a handful of agricultural operations with
3 residences. One property to the east is permitted as an
4 event center via USR15-28.
5 As previously mentioned, several property
6 owners are strongly opposed to this request, and you will
7 hear their concerns, mostly related to dust and noise.
8 Several exhibits detail the impact of
9 industrial development on residential life. We did,
10 however, receive some letters of support from a few
11 property owners citing the need for industrial locations to
12 meet the demand of regional growth and to mention the worst
13 noise pollution was coming from Highway 34 and from the
14 through trains on the adjacent Union Pacific and Great
15 Western rail lines rather than from the property in
16 question.
17 It should be noted that the Planning
18 Department reported one supporting -- surrounding property
19 owners' comments as anonymous in the Planning Commission
20 exhibits. This proved confusing at that hearing. The
21 Planning Department would like to state for the record that
22 the comments were not made anonymously but, rather, the
23 personal information was redacted at the request of the
24 surrounding property owner.
25 The North Front Range Metropolitan Planning
20
1 Organization 2010 -- 2010 land use allocation model shows
2 the area to the east and west of Indianhead Subdivision to
3 be commercial, the land to the north to be industrial, and
4 the site to be agricultural. None of the affected
5 municipal future land use plans designate residential land
6 uses on the north, east, and west of this residential
7 subdivision.
8 It is likely that the Indianhead subdivision
9 may be surrounding at some time by nonresidential uses. So
10 rather than prohibit commercial or industrial development
11 in this area, staff seeks to mitigate the effects of
12 development on this neighborhood and on other surrounding
13 properties as evidenced through the many mitigation tools
14 in use onsite, including earth and berms, landscaping,
15 building designed to look agricultural, and technological
16 advancements in the operation itself.
17 The Federal Highway Administration's Freight
18 and Land Use Handbook encourages context -sensitive
19 solutions for sites such as this one, encouraging, among
20 other things, buffers around all freight -generating land
21 uses, reducing light spillage, carefully orienting loading
22 bays and staging areas.
23 It is common knowledge in the planning field
24 that industrial uses should be separated from residential
25 uses. Jurisdictions differ on what separation should be.
21
1 Some places still use the classic industry standard of
2 200 feet set by the American Society of Planning Officials
3 in 1960. Others require more scientific separation
4 solutions.
5 For example, based on the sound of a
6 railroad, which is similar to other industrial uses, any
7 residential construction within 510 feet of the industrial
8 use should have noise -attenuation measures installed, such
9 as noise walls or berms.
10 Here are some distances between similar
11 industrial uses and residential neighborhoods in Colorado.
12 All right. This site here is the Martin
13 Marietta site that is right down the street on 35th Avenue.
14 It is -- the actual plant is 1,300 feet from the
15 residential subdivision. The residential subdivision is
16 800 feet from the railroad, and the railroad is 290 feet
17 from the nearest residence.
18 Here we are in Golden near a similar asphalt
19 plant and gravel plant. We have 1,200 feet from the actual
20 facility that would generate noise and then 200 feet from a
21 residential subdivision to the site.
22 Here, this is in Commerce City, a gravel
23 operation. An industrial operation here was 600 feet from
24 the residential subdivision.
25 This is in Fort Collins. There is 1,000
22
1 feet here from the residential subdivision to the
2 operation.
3 And also in Fort Collins, from a similar
4 site, there's 500 feet from the plant to the -- to the
5 nearest home.
6 Here on this site, from the rail we have
7 770 feet to the nearest house. We have 1,400 in the -- I'm
8 sorry, residential subdivision. 1,400 feet from the plant
9 to the nearest home in that subdivision. Working our way
10 around, we have 1,400 feet from the event center USR. We
11 have 330 feet from -- from -- that's the closest home, but
12 that home is owned by the applicant and on the subject
13 site. There are other homes which are 750 feet from the
14 rail and 1,800 feet from the plant.
15 Criteria 3: "Adequate water and sewer
16 service can be made available to the site to serve the uses
17 permitted within the proposed zone district."
18 The site is served by Little Thompson Water
19 District for the water service and uses septic systems for
20 sewer. No concerns were expressed by referral agencies
21 regarding water and sewer service.
22 Criteria 4: "Street or highway facilities
23 providing access to the property are adequate in size to
24 meet the requirements of the proposed zoned districts."
25 In Section 23-3 -- there's a lot of threes.
23
1 23-3-330 of the Weld County Code states, "Property zoned
2 I-3 should be located near transportation infrastructure
3 such as highways, railroads, or airports."
4 The site is adjacent to an arterial road,
5 County Road 13, within a half -mile of U.S. Highway 34 and
6 is adjacent to the Union Pacific rail line and is
7 very -- in very close proximity to two other Great Western
8 lines.
9 This slide here shows a little bit west of
10 the site where you can see those rail lines with the sort
11 of lighter industrial but industrial development following
12 the rail lines to the west.
13 Criteria 5: "In those instances where the
14 following characteristics are applicable to the rezoning
15 request, the applicant has demonstrated compliance with the
16 applicable standards."
17 That's overlay districts, minerals, soils,
18 geohazards. And no concerns related to any of these things
19 were identified in the application process.
20 Staff finds that most aspects of the
21 particular location of this proposed zone change are ideal
22 being located at -- adjacent to an arterial road and close
23 to, yet adequately set back, from U.S. 34 which protects
24 the gateway corridor between Johnstown, Loveland, Windsor,
25 and Greeley.
24
1 The extensive landscaping onsite, while not
2 a consideration of this Change of Zone, also further blends
3 the industrial development in with the surrounding
4 properties and presents a positive image of the area from
5 the highway. This level of mitigation is exemplary and
6 could be viewed as setting a new higher standard for
7 industrial development in urbanizing areas.
8 I do have -- let's see. Therefore, the
9 Department of Planning Service finds that this application
10 has met all five required criteria for a Change of Zone.
11 And the Planning Commission, at their meeting on June 16,
12 2020, forwarded this case to the Board of County
13 Commissioners without a recommendation, due to impasse,
14 with a split vote of four to four, and the ninth member
15 abstaining due to conflict of interest.
16 I have some images of the site because what
17 we chose to do here was to go through the site all the way
18 around. So you'll get a full mile of pictures around the
19 site. And because there's so many pictures, I put them in
20 a video so they'll slide by faster.
21 Here we are at Algonquin, going through
22 Indianhead, looking south. Yards backing to the rail on
23 Hopi Trail. You can see rail cars behind that house.
24 That's an Anadarko WOGLA site that was in also behind the
25 property.
25
1 Here we have the facility. That might be
2 the last picture in Indianhead, or almost through there,
3 and then we'll go out to County Road 15 -- oh, on Apache.
4 Then we'll go to County Road 15, looking from those
5 agricultural properties on County Road 15. And then over
6 to the event center. I guess we're still on 15. This is
7 where you can see the site the most clearly because you're
8 up on a hill on 15.
9 This is from that event center. Now we're
10 going to go down County Road 56. You can see the railroads
11 crossing across the line. And the homes shown -- the two
12 homes here that were shown were part of the -- part of the
13 site.
14 Making our way around the reservoir. This
15 is the crossing of the Union Pacific line, so that's the
16 first railroad you cross. Properties across the street.
17 This is almost to County Road 13. The property across the
18 street to the south. And now we are looking east from
19 County Road 13. A neighboring construction USR.
20 There are several properties right here so
21 it's hard to see the facility behind them, but you can see
22 a little bit of it poking up above. We're almost out to
23 Highway 34 here. Crossing the UP line again. This is the
24 entrance to the site. All right. Here we are just looking
25 at Indianhead east from County Road 13 back across to the
26
1 site.
2 All right. So I -- that's the conclusion of
3 my presentation. The applicant is present, and I'm happy
4 to answer any questions.
5 CHAIR FREEMAN: Okay, Angela. Does anybody
6 have any --
7 COMMISSIONER JAMES: Thank you, Angela, for
8 a complete presentation. It sparked some questions for me.
9 When we talk about Section 23-2-240 of our
10 Code, under paragraph B.2, it speaks to the uses which
11 would be allowed on the subject property by granting the
12 Change of Zone will be compatible with the surrounding land
13 uses.
14 A lot of times when we have these
15 conversations, we talk about existing and future. There's
16 no designation of time in this piece of code. It's just so
17 we must view it in the context of now. Not future, but
18 now.
19 Is that correct? Is that how you interpret
20 that?
21 MS. SNYDER: I mean, we always want to look
22 both ways. But, yes, we consider what's there now.
23 COMMISSIONER JAMES: Okay. Okay. Some
24 questions about if we were to change the zone. Additional
25 uses that would be allowed on the property must go through
27
1 a Site Plan Review.
2 Is that Site Plan Review subject to an
3 appeal? I.e., the Planning Department makes a decision,
4 can those who are either supportive or stand against that
5 particular decision, is there a way that they could appeal
6 that Site Plan Review?
7 MS. SNYDER: We defer to the County
8 Attorney. I think there is an appeal process for
9 administrative decision, but I don't know if it's the
10 applicant the only one that could do that.
11 MR. CHOATE: That's a question I've never
12 been asked before. Have not seen anyone other than an
13 applicant for a Site Plan Review appeal the decision of a
14 planning staff.
15 Let me look at the language right there and
16 see if there's any limiting language on that, on the appeal
17 provision, and get back to you.
18 COMMISSIONER JAMES: All right.
19 Angela, the maximum allowable noise under
20 I-3, what is that sound standard?
21 MS. SNYDER: 75 during the night and 80
22 during the day.
23 COMMISSIONER ROSS: What was that again,
24 Angela?
25 MS. SNYDER: 80 during the day and 75 at
28
1 night, I believe. But I'll defer to Lauren.
2 COMMISSIONER JAMES: If the zoning were to
3 be changed on this piece of property, speak to the existing
4 use. Would that have to go through a Site Plan Review?
5 MS. SNYDER: Only the portions of that
6 property that are not being regulated by the Surface
7 Transportation Board would require a Site Plan Review.
8 COMMISSIONER JAMES: Okay. And as far as
9 what exists now, there is no land use authority over that.
10 I mean, it's the STB and the ICCTA, if I remember
11 correctly. And do they exercise land use? I.e., what we
12 know as land use: Noise, emission, traffic. Do they have
13 a land use component to their authority?
14 MS. SNYDER: You know, I did have a very
15 good conversation with Gabriel Meyer from the Surface
16 Transportation Board on this very thing.
17 They do have some. Some regulation things
18 that they do. I believe that a railroad is supposed to
19 stick to the Industrial -- or is recommended to stick to
20 the Industrial zone standard. But, again, I did find a lot
21 of their rules are -- I mean, they're fairly loose. It's
22 like, "They should stick to this. They should consider
23 buffering from neighbors. They should" -- should, lots of
24 shoulds --
25 COMMISSIONER JAMES: Sure.
29
1 MS. SNYDER: -- and not very many shalls.
2 COMMISSIONER JAMES: So there's de facto and
3 de jure. De facto, there is no land use authority on what
4 exists now, just in practice?
5 MS. SNYDER: Right.
6 COMMISSIONER JAMES: Okay. All right.
7 Thank you.
8 MR. CHOATE: I can answer your question, if
9 you want.
10 COMMISSIONER JAMES: Okay.
11 MR. CHOATE: I don't think there's any
12 limitation on who has the right to appeal an administration
13 decision by Planning. However, I will point out that with
14 the Site Plan Review process, the only review is whether
15 they are in compliance with the Code. There's no
16 mitigative measures that are added in addition to those
17 that are required by the Code once the zone is changed. So
18 there's no surrounding property owner notice.
19 COMMISSIONER JAMES: So there is -- okay.
20 That was my next question was notice.
21 MR. CHOATE: No notice for a Site Plan
22 Review.
23 COMMISSIONER JAMES: Okay. Thank you.
24 CHAIR FREEMAN: Commissioner Moreno.
25 COMMISSIONER MORENO: Yeah, thank you,
30
1 Mr. Chair.
2 Angela, can you just explain once again,
3 clarify the railroads. Because I know you mentioned the
4 two railroads, Great Western being the two and then Union
5 Pacific being the other. Can you show us again --
6 MS. SNYDER: Absolutely.
7 COMMISSIONER MORENO: -- prior to the
8 transloading being put in there?
9 MS. SNYDER: No, there they are.
10 Okay. So -- so what we have here, this is
11 the loop that's on the site. This is the Union -- oh, boy.
12 Went off the screen.
13 This is the Union Pacific track that
14 basically comes down from Wyoming. You go through Fort
15 Collins and Loveland. It comes across here, goes south to
16 Milliken.
17 This right here, the one that crosses this
18 way, is the Great Western track. It has a split here going
19 this way and this way. Comes down this way.
20 COMMISSIONER MORENO: Okay.
21 MS. SNYDER: Does that answer your question?
22 CHAIR FREEMAN: Any other clarifying
23 questions? Commissioner Ross?
24 COMMISSIONER ROSS: I apologize. Thank you,
25 Mr. Chair.
31
1 The event center that you mentioned earlier,
2 could you point on that map where that's at so I
3 can -- that's what I thought. Okay. Thank you very much,
4 Angela.
5 CHAIR FREEMAN: Okay.
6 COMMISSIONER JAMES: I have one more, I'm
7 sorry. I should go through my notes.
8 Angela, should the change of zoning be
9 granted, is the authority that the STB or the ICCTA claim
10 now, is that ceded to the local authority?
11 MS. SNYDER: No. As far as I know, no.
12 COMMISSIONER JAMES: Okay.
13 MS. SNYDER: They still --
14 COMMISSIONER JAMES: They maintain the
15 authority?
16 MS. SNYDER: They maintain -- whether or not
17 this is approved, the STB stays in control of the site.
18 The only thing that is an option with the STB is that
19 transloading or rail -- rail -dependent facility can
20 voluntarily subject themselves to local government
21 control --
22 COMMISSIONER JAMES: Okay. Okay. And
23 that --
24 MS. SNYDER: Which does give them
25 some -- some --
32
1 COMMISSIONER JAMES: And that would be done
2 by an IGA, then, if it were pursued by us?
3 MS. SNYDER: I believe so. I think
4 that -- or even just saying that -- you know, let's say
5 they turn in a Site Plan Review and they choose to show the
6 things that are regulated by the STB on there, and just
7 saying, "You know what, we're not just going to block a new
8 asphalt batch plant. We're actually going to berm the
9 whole site, because we want to be a good neighbor," or
10 something like that, where they actually have no
11 requirement to do so.
12 COMMISSIONER JAMES: One more. I'm sorry.
13 The USR that was granted in 2015 -- is that
14 correct? 2015? That obviously went through the courts.
15 It was overturned by the Court of Appeals. Therefore,
16 there -- that USR is done and gone. It should not be on
17 our radar whatsoever?
18 MS. SNYDER: Exactly. One of the things
19 that's hard when you don't -- for us, as a staff, when you
20 don't have a USR that's in place on the property, is let's
21 say that some of the landscaping doesn't -- isn't being
22 maintained or something like that, some trees die. We
23 don't have any teeth to go back and --
24 COMMISSIONER JAMES: Sure. So any
25 MS. SNYDER: -- please replace the trees.
33
1 COMMISSIONER JAMES: Any of the development
2 standards, any of the thing that was laid out in the
3 USSR -- USSR?
4 UNIDENTIFIED SPEAKER: I don't think we're
5 that far, Scott.
6 COMMISSIONER JAMES: Freudian? I don't
7 know. You decide.
8 -- that was laid out in that USR, any of the
9 development standards that were laid out in that, any sort
10 of testimony that would testify against that is really
11 irrelevant then, because the USR does not exist.
12 MS. SNYDER: That is correct.
13 COMMISSIONER JAMES: Okay. Thank you.
14 CHAIR FREEMAN: Okay. Any other comments?
15 COMMISSIONER ROSS: Just for clarification.
16 The CLUA that Greeley had, along with Windsor I believe it
17 was, county was not part of that document, correct?
18 MS. SNYDER: That is correct.
19 COMMISSIONER ROSS: Okay. And then when we
20 looked at Milliken, Windsor, and Johnstown's land use,
21 future land use planning, county is not involved in that
22 either, correct?
23 MS. SNYDER: Yes.
24 COMMISSIONER ROSS: Thank you.
25 CHAIR FREEMAN: Okay. All right. Go ahead.
34
1 MS. KING: Melissa King. Pleased to be with
2 Public Works.
3 Parcel has two existing permitted access
4 points onto County Road 13. No additional access locations
5 have been requested. County Road 13, also known as
6 Colorado Boulevard, is a paved arterial road per the Weld
7 County functional classification map.
8 Public Works is requiring that the existing
9 improvements and road maintenance agreement, 2016-3738,
10 also known as Reception Number 4335536, adopted
11 December 28, 2016, be reviewed for any needed updates
12 and/or revisions. And I'll be happy to answer any
13 questions.
14 CHAIR FREEMAN: Okay. Any clarifying
15 questions?
16 Okay. Lauren.
17 MS. LIGHT: Lauren Light, Environmental
18 Health. Little Thompson provides water. They do have two
19 commercially permitted septic systems onsite that serve
20 several facilities out there.
21 As this is a request to rezone the property
22 not for a specific use, items such as noise and dust
23 control we'll stipulate that at the Site Plan Review
24 process. The noise level for the Industrial Zone is 80 dBA
25 during the day and 75 during the night.
35
1 As far as dust is concerned, fugitive dust,
2 which could be from the trucks traveling onsite, that can't
3 leave the property. Emissions from operations, for
4 example, if they are loading and unloading aggregate, that
5 can't exceed 20 percent opacity over six minutes in a
6 30 -minute window. And we do have people certified in the
7 health department that can do those opacity readings.
8 And, again, those are items that would be
9 required at the Site Plan Review process, not at the Change
10 of Zone.
11 We suggested four notes for the plat that
12 relate to septic water service and dust only during
13 development, so if something else was added on the site.
14 That's why that's in there. And we have no other items for
15 this request.
16 CHAIR FREEMAN: Okay. Commissioner.
17 COMMISSIONER JAMES: Thank you, Mr. Chair.
18 Lauren, thank you.
19 So there is a complaint process, I would
20 assume. And then you go out and investigate those, just
21 like with a USR.
22 MS. LIGHT: Yes.
23 COMMISSIONER JAMES: Whether it's zoning or
24 USR, you do that.
25 Are there opportunities for an automated
36
1 monitoring system? Certainly there are with noise. Are
2 there with opacity, with dust?
3 MS. LIGHT: With dust, there -- not through
4 our department. It'd have to be through a consultant. We
5 don't have that kind of expertise.
6 COMMISSIONER JAMES: But that type of
7 technology exists?
8 MS. LIGHT: Yes.
9 COMMISSIONER JAMES: Okay. Thank you.
10 CHAIR FREEMEN: Any other clarifying
11 questions?
12 COMMISSIONER MORENO: Yes, Mr. Chair.
13 Just, again -- Lauren, just to go over the
14 noise decibel again to just -- so I wrote them down right.
15 It's 80 decibels during the day you said?
16 MS. LIGHT: That's 75 decibels at
17 COMMISSIONER MORENO: At night?
18 MS. LIGHT: -- during the nighttime, yes.
19 COMMISSIONER MORENO: And nighttime
20 constitutes?
21 MS. LIGHT: 7:00 to 7:00 is what it says in
22 the requirements.
23 COMMISSIONER MORENO: Okay. Thank you.
24 CHAIR FREEMAN: Okay. Any other clarifying
25 questions?
37
1 COMMISSIONER ROSS: Mr. Chair, can I ask one
2 more of Angela? I apologize if it's not appropriate.
3 CHAIR FREEMAN: Go ahead.
4 COMMISSIONER ROSS: Angela, you stated the
5 LUAM from the NFRMPO was dated 2010. Is there not a more
6 recent one than that?
7 MS. SNYDER: As far as I know -- or at least
8 it's not on their website or in any of their
9 documentation --
10 COMMISSIONER ROSS: Okay.
11 MS. SNYDER: -- nothing more recent --
12 COMMISSIONER ROSS: Thank you.
13 MS. SNYDER: -- data set.
14 CHAIR FREEMAN: Okay. With that, go ahead
15 and move to the applicant.
16 The applicant that's represented, please
17 come up and state your name and address for the record.
18 MR. CONNOLLY: Good morning. My name is --
19 CHAIR FREEMAN: Hang on one second.
20 MR. CONNOLLY: All right.
21 UNIDENTIFIED SPEAKER: We have already run
22 the battery out. I don't know. That's --
23 MR. CONNOLLY: Good morning, Commissioners.
24 My name is Brian Connolly. I'm with the law firm of Otten
25 Johnson Robinson Neff & Ragonetti. Our business address is
38
1 950 17th Street, Suite 1600, Denver. And we represent Rock
2 and Rail, LLC.
3 Before we begin, I want to publicly thank
4 particularly Angela and your staff on the remarkable job
5 that they have done in processing this application. As has
6 already been evidenced by some of the questions that you've
7 asked, there are complexities involved here, and there is
8 certainly a very voluminous record in this case. And
9 Angela has done an excellent job of managing all of that.
10 And so I just wanted to publicly thank her for her work.
11 I did also want to note some additional
12 items that we submitted on Monday, which I realize there is
13 a voluminous record, and you may not have had a chance to
14 fully review them.
15 We submitted a packet that had a number of
16 materials. First of all, we did file a response to the
17 request for continuance that came in. Obviously, we're not
18 continuing this hearing. But that's in there.
19 We did also prepare some proposed findings.
20 So should the Board find in favor of our application, we
21 thought we would offer up some assistance in terms of
22 crafting findings. Obviously, that is fully within the
23 Board's discretion as to whether you would like to adopt
24 those.
25 We also provided a sound study, a modeling
39
1 report, and a response to some of our opponent's sound
2 measurements. And so those are in there. And those were
3 prepared by Behrens and Associates, Environmental Noise
4 Consultants.
5 We provided a stormwater report and soil
6 sampling. Those were provided by Tetra Tech and the site
7 management. And then we also provided a letter from our
8 environmental expert on air quality issues.
9 I do also want to respond to one of
10 Commissioner James's questions about STB authority, but if
11 it's okay, I'll do our presentation and then I'll respond
12 to that at the end.
13 So as you know, we are -- as you know, we
14 are requesting a Change of Zone from the Agricultural
15 District to the I-3 District.
16 Next slide.
17 What we plan to talk about with you today is
18 provide you a little bit of an introduction to what we're
19 requesting, provide you a little bit of background even
20 though I know you have a lot of the background here.
21 We're going to walk through some of the
22 planning analysis that went into why this site is being put
23 to the use it is being put to today and why this Change of
24 Zone is being requested.
25 We will also speak to some of the approval
40
1 criteria, which Angela has already covered in great depth.
2 We will also talk through some of Rock and Rail's good
3 neighbor efforts as well. And then of course we're happy
4 to answer any of the questions that you might have.
5 Next slide, please.
6 Our project team -- I just want to make sure
7 we're clear on who the parties are here. Our project team
8 includes the landowner, Gerrard Investments. They are
9 represented here today by Gary Gerrard. He'll make a few
10 comments at the end of our presentation.
11 The lessee of the property is Rock and Rail.
12 Rock and Rail's represented today by Vice -President, David
13 Hagerman, who will offer a few comments in a few minutes.
14 Our planning work was done by
15 AGPROfessionals. Tom Haren is here and will also offer
16 some remarks.
17 And then our firm provided legal counsel.
18 Next slide, please.
19 If we were to choose a keyword for today's
20 hearing, I think "balance" might be the appropriate word.
21 And as the Board knows in making decisions in land use
22 matters, much of land use decision -making is about striking
23 a balance. It's a balance of issues and interests that you
24 hear about. So that's true here too.
25 So some of the things that we're balancing
41
1 today are things like economic growth and
2 business -- business growth. And this application is
3 important to that. Construction industry is necessary,
4 particularly in a time like we're in right now as there may
5 be economic challenges ahead.
6 We're also supporting -- or we're also
7 balancing comprehensive planning goals. So comprehensive
8 planning goals like, for example, locating industrial uses
9 along railroads.
10 We're also balancing the issue that the
11 applicant here is a federally regulated railroad, so that
12 brings some interesting issues in to this application.
13 And then finally, we're balancing the
14 property rights of the applicant and the need to respect
15 the applicant's ability to use and operate its own
16 property.
17 These are all important objectives, but
18 we're balancing them against some other things as well.
19 And that includes the need to mitigate impacts through
20 county regulation to achieve compatibility. This is the
21 exact balancing act that this Board conducted, in 2015, in
22 approving the Use by Special Review. And we believe that
23 approving this application will fulfill that balancing act
24 that was conducted.
25 The issue of achieving a proper land use
42
1 balance is going to permeate through our entire discussion
2 today, and we hope that you'll agree when we're done with
3 the discussion that we have already achieved that balance
4 with the build -out of the site thus far and that the Change
5 of Zone will help us to continue to do that.
6 Next slide.
7 So why the Change of Zone? We can all agree
8 that this is a unique application. One of the ways that
9 it's unique is that -- that unlike some Change of Zone
10 applications which are made for some abstract future use,
11 this is an application where we already know the user, and
12 we already know the use, and we already know what's
13 proposed on this site. And so why are we seeking a Change
14 of Zone?
15 The first reason is that we believe it's
16 consistent with good planning principles. This is a
17 133 -acre rail -served tract. It's in close proximity to
18 major highway infrastructure and major rail infrastructure.
19 The property is currently developed with a spur track, a
20 transloading yard, and a concrete mixing facility. And
21 most importantly, the County's Comprehensive Plan supports
22 the rezoning to industrial.
23 We also want to align the zoning with site's
24 current and future use. The site is an industrial site.
25 It has approximate -- proximity to highway and railroad
43
1 infrastructure. And it's a large property that makes it
2 perfect for industrial uses.
3 And importantly, the railroad on the site is
4 not going away. And that's true even if the Board denies
5 the application today because the County Code itself does
6 not regulate railroads. So the property will likely be
7 used for transloading for many years to come.
8 And so one of the questions that's before
9 the Board today is really whether or not the County will
10 participate in the ongoing governance of the site or leave
11 it to the federal government.
12 Rock and Rail is operating here as a
13 federally licensed railroad, and it has the right, under
14 both federal and county law, to continue operating the rail
15 yard and transloading operations.
16 That being said, a local government and a
17 railroad may also agree to certain aspects -- certain
18 aspects of the operation will be regulated locally. And so
19 Rock and Rail and the County can agree on rules for
20 governance of the site.
21 Rock and Rail here is seeking to place its
22 concrete mixing facility, as well as other improvements for
23 the 2015 site plan, under county regulation. And so
24 that -- we believe that that will provide a clear and
25 consistent set of rules by which Rock and Rail, the County,
44
1 and the community can live by.
2 The County's 2019 zoning changes set the
3 stage for this process. The intent of those changes was to
4 restrict industrial uses to industrial zone districts. And
5 so this is an industrial site already, and it makes sense
6 to zone it industrial.
7 And then finally, we intend to complete the
8 build -out of the site as it was originally approved by this
9 board in 2015. As you know, the County approved a USR
10 filed by Martin Marietta for this site, and Martin Marietta
11 always intended to obtain final approval of that USR and
12 those improvements.
13 There's been some litigation that's gotten
14 in the way, and it's taken some time, which means that the
15 County's updated -- under the County's updated zoning code,
16 the USR process is no longer available to complete the
17 build -out of those improvements in the agricultural
18 district.
19 So this rezoning will allow the completion
20 of the facility as it was originally envisioned and
21 approved and will be an important step to putting an end to
22 litigation.
23 Next slide, please.
24 So a little bit about the project history.
25 This project first came before the Board of County
45
1 Commissioners in 2015. After a lengthy hearing, Martin
2 Marietta received unanimous approval of a USR in the
3 Agricultural Zone District to allow the construction of a
4 rail spur, a transloading yard, and then concrete and
5 asphalt batch plants. That USR contained 42 development
6 standards and a series of operational standards aimed at
7 mitigating impacts of the project.
8 Those standards included things like berming
9 and buffering, landscaping requirements, architectural
10 treatment of the plants themselves, hours of operation, and
11 noise limits.
12 Shortly after the Board of County
13 Commissioners approved the USR, a group that calls itself
14 CLR-34 -- which includes the Indianhead West Homeowners
15 Association and certain nearby landowners -- sued the
16 County, the Board, and Martin Marietta, seeking to reverse
17 the approval of the Use by Special Review. That took
18 several years with several twists and turns.
19 But during that time, Martin Marietta went
20 ahead and built the project. And it had a right to do that
21 because its opponents did not seek an injunction in court.
22 So it's perfectly legal for Martin Marietta to build the
23 facility, and there has never been any definitive order
24 requiring Martin Marietta or Rock and Rail to tear the
25 facility down.
46
1 As you'll hear about momentarily, Martin
2 Marietta built this project because we are running out of
3 stone aggregate on the Front Range. When you look at how
4 much this site has provided to the county and the community
5 in just two years of operation, you'll see its exceptional
6 importance to the region.
7 The case ultimately reached the Court of
8 Appeals, which reversed the issuance of the Use by Special
9 Review in November of 2017. Our opponents will tell you
10 today that the Court of Appeals' decision was based on
11 compatibility, but that is not true.
12 It was a technical decision. The Court of
13 Appeals concluded there was not enough evidence in the
14 record to support the conclusion that Martin Marietta would
15 be able to meet the specific noise standard that it had
16 agreed to.
17 So after the Court of Appeals' reversal, the
18 case was sent back to Weld County District Court which, in
19 June 2018, sent it back to this Board for further findings.
20 And that's what the law requires. That's the proper remedy
21 where a board has found to have abused its discretion, the
22 court sends it back to the board for further findings.
23 Martin Marietta wanted to return to the
24 Board to provide additional evidence to support the USR and
25 would live by whatever decision was made here regarding
47
1 that USR. But the opponents wouldn't have that.
2 Before the Board could rehear the case, the
3 opponent -- group of opponents appealed again, which -- and
4 actually sought an injunction to keep this Board from
5 hearing the USR again.
6 That second appeal had no merit and was
7 later dismissed by the court. But it was going to tie the
8 County and Martin Marietta up in another year or more of
9 litigation. So to avoid being mired and more years of
10 litigation, and to get the County and the Board out of that
11 litigation, Martin Marietta chose to abandon the effort and
12 sell the entire site to Rock and Rail.
13 That leads us to Rock and Rail. I'm going
14 to turn it over to David Hagerman to introduce who Rock and
15 Rail is and what some of the projects are that -- excuse
16 me -- that it works on.
17 MR. HAGERMAN: Good morning, Commissioners.
18 My name is David Hagerman. I'm vice president of Rock and
19 Rail, 501 South Ninth Street, Canon City, Colorado 81212.
20 I'm going to give you a brief description of Rock and Rail,
21 along with some discussion of our customers and projects
22 that we work on.
23 Martin Marietta acquired another aggregate
24 company that owned a railroad called Rock and Rail after
25 the approval of the USR in 2015. Rock and Rail is a Class
48
1 III federally licensed rail carrier that has existed since
2 1998. It interchanges freight with the Union Pacific and
3 the Burlington Northern -Santa Fe. We provide logistics and
4 transloading for a large number of products along
5 Colorado's Front Range as demonstrated by the unit train
6 service of cement in the top picture in southern Colorado
7 and unit train service of aggregates.
8 Martin Marietta acquired Rock and Rail
9 because it would allow Martin Marietta to consolidate its
10 construction aggregate business with necessary
11 transportation functions to bring materials to the Front
12 Range. The transportation of stone by -- of stone
13 aggregate by rail is a key component of Martin Marietta's
14 ability to service the local construction market in
15 northern Colorado.
16 The type of stone aggregate that is needed
17 for construction of roads, bridges, parking lots,
18 buildings, and is disappearing from the Front Range of
19 Colorado, and we are now obtaining that material from other
20 places, including Wyoming. So it's critical to Martin
21 Marietta's business and, indeed, to the entire construction
22 industry here in Colorado, to be able to transport stone
23 aggregate efficiently over long distances to reach
24 customers.
25 If the facility had been proposed and
49
1 designed after Martin Marietta purchased Rock and Rail, it
2 would have been a Rock and Rail facility from the start
3 because essentially this is a transportation hub.
4 Next slide, please.
5 The next two slides, I'm going to highlight
6 some of Rock and Rail's customers, which shows our impact
7 to the community in the two years that we've been operating
8 the facility.
9 This slide gives you an idea of where our
10 materials are being distributed. A few examples include
11 the R 70 Ranch Dam; various residential projects; energy
12 projects in the oil, gas, and electric sectors; roads and
13 highway projects, including the I-25 and Weld County road
14 projects; retail projects, such as the Johnstown Plaza;
15 educational projects, such as Weld Central High School; and
16 several industrial and governmental projects, including the
17 Weld County Jail expansion and the COVID-19 hospital.
18 Rock and Rail, through the Highway 34
19 terminal, is providing a valuable service to the county and
20 surrounding communities through the products we are
21 transloading.
22 As we transition speakers -- next slide -- I
23 would like to leave you with some photos of the projects of
24 which we are proud to have been part.
25 CHAIR FREEMAN: Thank you.
50
1 MR. CONNOLLY: So to turn back briefly to
2 some of the history. Because railroads are regulated by
3 the federal government and are exempted from regulation
4 under the county's code, Rock and Rail could have built
5 this facility without all the 42 development standards in
6 the USR.
7 So Martin Marietta sold the property and the
8 facilities to Rock and Rail, withdrew its USR application,
9 and asked the court to dismiss the second appeal, which it
10 ultimately did.
11 This allowed the facility to commence
12 operation as a rail transportation facility and also ended
13 the USR litigation. Martin Marietta's decision to transfer
14 the facility to Rock and Rail was guided by and allowed for
15 under federal law, which provides that railroads and
16 transloading operations are regulated federally, not
17 locally.
18 Next slide. Yep.
19 To be sure what it was doing was legal, Rock
20 and Rail took the extra step of asking a federal court in
21 Colorado to confirm that its operations on the
22 site -- which by then included the spur track, the
23 transloading yard, and the concrete plant -- are rail
24 transportation within the meaning of federal law. Rock and
25 Rail took this extra step because of litigation that had
51
1 previously embroiled this project, not because it wanted to
2 find a way to just sue its neighbors.
3 CLR-34 counterclaimed against Rock and Rail,
4 ironically seeking to reimpose several of the development
5 standards that had been invalidated when the USR itself was
6 invalidated. All the while, Rock and Rail wanted to return
7 to this board to finish the process that Martin Marietta
8 began in 2015; that is, to ensure the build -out of the
9 project.
10 So early this year, Rock and Rail filed this
11 Change of Zone application, which asked the County to zone
12 for and regulate a concrete mixing operations on the site,
13 as well as other future uses.
14 Rock and Rail is here voluntarily agreeing
15 to county development standards, use limitations,
16 operational requirements, noise limitations, and other
17 regulations. If Martin -- or if Rock and Rail continues
18 under federal law, none of these limitations would apply.
19 Next slide.
20 Turning to some of the land planning issues
21 here. Stone, concrete, and asphalt are really all
22 essential products. We all use them, as the slide says,
23 "Everywhere, every day and everyone uses them." These
24 resources are disappearing from the Front Range. We need
25 to find ways to get the material to us here in Colorado,
52
1 mix it for construction projects, and get it to
2 construction sites.
3 All of this movement of material requires
4 infrastructure to move it on, land on which to load and
5 unload and mix it, and then also infrastructure to
6 transport it to those construction sites.
7 So what does a good site look like? First,
8 we need a means to efficiently bring that material from
9 where it's mined to an unloading and mixing point. Rail
10 does that. And, in fact, it's the safest and most
11 efficient form of transportation to move aggregate.
12 Secondly, we want to consolidate all of the
13 unloading processing and loading on one site. That
14 requires a large piece of property. But concentrating the
15 transportation and mixing functions is far more efficient
16 than sprawling it across multiple sites all over the
17 county. It reduces the impacts, really, on everyone.
18 We also want to provide for efficient
19 delivery of materials from the site. And so that requires
20 trucks and so, therefore, we need good road infrastructure.
21 This site, for example, we have County Road
22 13, Highway 34, and I-25 to help deliver that material.
23 So if we assume that we need a large site
24 served by both rail and highway, this site is perhaps
25 the -- one of the best positioned in the county, if not the
53
1 entire region, to accomplish those goals.
2 Next slide, please.
3 The site provides several benefits. It
4 provides for the consolidation of activities which reduces
5 the impacts on local infrastructure and improves
6 environmental performance. Concrete and asphalt facilities
7 have to go somewhere in Weld County, and so co -locating
8 these on the property in question reduces the impact of
9 those uses and creates efficiencies that benefit the entire
10 community.
11 The rail also provides significant
12 advantages. The material that's being transloaded from one
13 unit train that arrives at this site is equivalent to what
14 400 trucks would be required to carry from the mine in
15 Wyoming to this site. So that's 400 trucks into the site
16 and then 400 trucks back out of the site.
17 So this site, by virtue of being
18 rail -served, saves us from 800 truck trips each time a
19 train arrives and departs from the site, which reduces
20 deterioration of roads and certainly reduces traffic.
21 If Rock and Rail can't put the plants that
22 use these materials on the same site as the rail unloading
23 point, then trucks would have to haul the material away
24 from rail unloading to a mixing facility and then back to a
25 construction site, which may well be in the County Road 13
54
1 and Highway 34 corridor.
2 Importantly, the products that are being
3 transloaded through the site are essential for building the
4 community and growing the local economy. And this type of
5 facility is especially important in light of current
6 economic conditions, when state and local governments often
7 turn to infrastructure projects to resolve economic
8 problems.
9 The economic impact to this region of this
10 facility is evidenced by the letters of support that we've
11 received from several of Rock and Rail's customers and
12 partners. The number of businesses that use the materials
13 from this facility as part of their work speaks to the
14 economic impact of this operation to the local economy and
15 the job market.
16 Now I'm going to turn the presentation over
17 to Tom Haren to speak through some of the land use issues.
18 MR. HAREN: Good morning, Commissioners.
19 Tom Haren, 3050 67th Avenue, Greeley.
20 And I'd also like to commend Angela on her
21 planning review, but I'd like to tag off of her
22 recommendation for approval with my comments.
23 Now, this is a map of the regional planning
24 designations, basically regional planning designations for
25 the future. Weld County, but Windsor, Johnstown, Greeley,
55
1 every adjacent entity has an interest in this area, wants
2 to control this area, but not to stop growth in this area.
3 This area is interesting to study. It's
4 going to continue growing with commercial, residential, and
5 industrial mixed uses. And every surrounding entity
6 recognizes that this area is changing, and the growth here
7 is inevitable, and they're very wise to plan for it.
8 But all of these future growth plans outline
9 some sort of mixed use. Commercial, retail, industrial,
10 residential, all of these plans outline some sort of mixed
11 uses in this area. But the plans are all heavily skewed
12 towards commercial, mixed use, and industrial.
13 You're very well aware that this area has
14 been a hotbed, almost -- Centerra area, an epicenter of
15 growth and development the last 10 or 20 years.
16 Why do these developments grow the way they
17 do? Why do they -- why do they attract these types of
18 industries more than other areas in a way that others
19 don't?
20 Well, of course these land use plans,
21 long-range plans, growth boundaries, things of that nature,
22 they guide and predict developments. And in all of those
23 plans, there's a recognition of patterns. And much of
24 those patterns, when these comp plans all recognize, "Well,
25 we should put growth here but not there. We should do
56
1 industrial by the rail and not in the middle of nowhere,"
2 much of these patterns and plans are determined by
3 infrastructure.
4 Next slide, please.
5 So one of the biggest drivers in how and why
6 these areas develop the way they do is infrastructure.
7 These are significant and expensive public and private
8 investments. Things like major highways, rail, gas, water,
9 electricity. So in planning infrastructure -- and I'm
10 talking about the engineers here now, not the planners.
11 But in planning infrastructure, like land planning, it too
12 is based on patterns and predictions of where these
13 investments in the community will be needed.
14 So this -- this slide shows the area has
15 significant infrastructure, which is one of the
16 requirements for approval by the way. The existence or
17 ability to provide significant infrastructure is required
18 in the Code.
19 The site and surrounding area, like I said,
20 has significant infrastructure. Obviously, Highway 34, a
21 major four -lane highway; County Road 13, major arterial;
22 not just one, but two railroad lines; large waterline,
23 electric power. There's so much infrastructure in this
24 area that it qualifies under the Weld County Code as what's
25 called an Urban Development Node.
57
1 In the Code, and Urban Development Node is
2 an area identified as potentially concentrated urban
3 development along major infrastructure.
4 Now, I want to stress when you're talking
5 about nodes, it doesn't mean these nodes have to be in
6 urban areas. It just recognizes that there are some areas
7 and concentrations of the country caused -- to the county,
8 caused by infrastructure that have rural -- have an urban
9 characteristic.
10 The urbanizing is occurring at these nodes,
11 and it doesn't need to be in an area that's already urban.
12 So many properties in Weld County have been rezoned I-3
13 using these Urban Development Nodes. Weld County Road 44
14 and 49, Road 30 and 49, I-3. Peckham is a good example of
15 an Urban Development Node, Road 44 and 85.
16 So the County Code recognizes that these
17 concentrated activities are developing naturally, and they
18 are developing naturally because of infrastructure. But
19 the Code recognizes these areas developing naturally and
20 provides for more organized development.
21 So the county saw this occurring and has
22 created a process of recognized Urban Development Nodes and
23 provides for their more organized development. So that
24 part of the Code recognizes that conditions can exist that
25 are ripe for growth, based on infrastructure and conditions
58
1 like we have at this site.
2 And a good example -- next slide, please.
3 This map shows all the various land uses in
4 the area. It was developed from the county files. So the
5 designated land uses on this map are based on what the
6 parcels are permitted and zoned for today. Regardless if
7 the use has commenced, this is what's both been approved at
8 present, and that tells you what will be there in the
9 future. And that's an important point to remember, because
10 now you may hear later today that, "Oh, well, some of these
11 properties are zoned industrial, but they're currently
12 being farmed."
13 So the use today -- but the use today is it
14 is zoned industrial. A lot of these parcels are zoned
15 commercial/industrial. So the red, blue, and green are
16 commercial/industrial, and mixed uses on this map. As you
17 can see, the pattern is significantly commercial
18 industrial. We are approaching I-25. Again, major
19 infrastructure.
20 But I want to draw your attention to the
21 yellow on this map. I think the yellow is more important
22 than the red, blue, and green. The yellow is residential.
23 And notice how it's interspersed with all of the other
24 uses, all of them: Commercial, Industrial, PUD, Mixed Use.
25 A good example is Johnstown. They have
59
1 aggressively grown out to I-25 and 34. And they have done
2 a good job of developing successful mixed uses in that
3 southeast corner.
4 Some residential came in to the commercial
5 industrial space after it was already there. Some
6 commercial industrial came into the residential areas after
7 they were already there. So who's compatible with who?
8 From my planning perspective, it looks like the development
9 today shows that these uses can coexist.
10 Between the planners and developers, they
11 found a way, in fact, that these -- the fact that these
12 properties are zoned or permitted the way they are means
13 that the County or other jurisdictions surrounding this
14 area have already made judgments that industrial and
15 commercial uses are compatible with the existing and future
16 land uses, because all of these went through an approval
17 process. And most of those processes include determination
18 of some type of compatibility.
19 So I'll repeat that Weld County or other
20 jurisdictions have already made judgments that this map,
21 compatibility of existing and future uses exists.
22 So all this shows to me is that all types of
23 land uses are occurring successfully, and they're occurring
24 in close proximity to each other.
25 Somehow through design and mitigation,
60
1 they're compatible as determined by the many jurisdictions
2 that approve them. It's kind of hard to argue that based
3 on what's already occurred, coexistence and compatibility
4 can't occur.
5 Lots of colors on that map, and they're all
6 not all grouped into one big area of red and one big area
7 of yellow and one big area of blue. They are all
8 throughout.
9 So I agree with staff recommendation in
10 that, like it or not, this area is changing, and it will
11 continue. And I wanted to point out that it's being driven
12 by many more things than just the planning that's done in
13 this area, because the plans change with changing needs of
14 the community.
15 But one thing here today, we're looking at
16 rezoning a piece of property. And one thing that's not
17 going to change for sure is that this infrastructure, these
18 highways and rails and utilities, are not going away with
19 or without this project. So if not this project, then
20 based on patterns and the infrastructure I've pointed out,
21 the location and rail infrastructure will sooner or later
22 attract another heavy transportation user.
23 But right now, you have a good project, with
24 sound planning, from a solid company in front of you. And
25 out of the rezoning that I have been involved in, this is
61
1 very unique and advantageous to the Board, I would believe,
2 that this Change of Zone request, you already know the user
3 and the use for this Change of Zone.
4 So, in tagging onto Angela and concurring
5 with the planning, we believe that this Change of Zone
6 should be approved, and the planning in the area supports
7 that. Thank you.
8 CHAIR FREEMAN: Thank you, Tom.
9 MR. CONNOLLY: Thank you, Tom.
10 We'll focus the rest of our presentation on
11 the approval standards. Angela already covered these in
12 great depths, so I'm not going to belabor, really, any of
13 them. We'll focus our comments primarily on the first two
14 standards relating to the consistency of the Comprehensive
15 Plan and compatibility with surrounding land uses.
16 We're of course happy to answer questions
17 about the other criteria. Again, since they were covered
18 adequately by Angela, I'm not going to cover them here.
19 So the proposed zoning we believe is
20 consistent with the County's Comprehensive Plan, which says
21 that industrial uses should be located along railroad
22 lines. Of course as you heard, this site is rail -served by
23 the Union Pacific Railroad. It's approved with the rail
24 spur makes it ideal for industrial uses. And the staff
25 report clearly shows the site's proximity to rail as being
62
1 critical to the recommendation of approval.
2 Since counsel for CLR-34 raised the issue in
3 a letter prior to Planning Commission, I did want to just
4 briefly address the agricultural land use provisions of the
5 plan. Those support maintaining agriculture in the
6 non -urbanizing areas of the county. This is an urbanizing
7 area of the county. And the plan also supports individual
8 property owner's rights to seek land use changes,
9 particularly in Urban Development Nodes. And as Tom
10 mentioned, this is an Urban Development Node.
11 Since the staff report covers compliance
12 with the Comprehensive Plan in much greater depth, I'll
13 stop there on the Comprehensive Plan and move on to
14 compatibility.
15 Compatibility is really where this issue of
16 balancing arises. And we need to balance the
17 recommendations of the Comprehensive Plan to ensure that
18 the impacts of industrial land uses are adequately
19 mitigated. And so at the Planning Commission,
20 compatibility was really the only point of disagreement
21 between the opponents of the project and Rock and Rail.
22 And even the individual members of the
23 Planning Commission who ultimately voted against the
24 project acknowledged that this property really is the right
25 place for this use. Their concerns were focused on whether
63
1 Rock and Rail had been a good neighbor. And so the issue
2 of good neighbor is something that I'll talk about near the
3 end of our presentation.
4 I want to go back to the map that Tom
5 presented. It shows the mix of surrounding land uses, and
6 I think they're really three lessons that we have. First
7 is that the area has a wide variety of land uses; it's not
8 one-dimensional.
9 I think second is that what we see is plenty
10 of industrial uses on the -- reflected on this map or lands
11 that are zoned for industrial uses, which are intermixed
12 closely with residential. And that's because of adequate
13 mitigation measures.
14 And so CLR-34 will probably tell you that
15 residential and industrial uses can never locate next to
16 one another, but the map tells us otherwise.
17 And then third, I think the lesson that we
18 have is that this is all the result of infrastructure in
19 the area. The railroads have been here since the late
20 1800s or early 1900s. And the railroad predated really
21 Indianhead and just about every other land use except for
22 agricultural in this area.
23 And so when Indianhead residents bought
24 their homes and when Indianhead residents' predecessors
25 built the subdivision, they knew that the railroad was
64
1 here. They knew that the railroad would support potential
2 future commercial and industrial uses.
3 So the Code requires you to consider
4 compatibility between uses. But compatibility between uses
5 is really a function of a lot of different factors that go
6 beyond just the use itself.
7 So those factors might include things like
8 the property size, distance from other land uses, the
9 eventual site layout of a project, buffering and berming,
10 architectural design, mitigation of nuisance -like issues
11 such as odor, dust and noise and traffic. Those are all
12 things that sort of build into this issue of compatibility.
13 Again, it's difficult to review
14 compatibility at the use level, which is why the zoning
15 code provides that site plans will be reviewed for
16 compatibility as well.
17 The I-3 uses can be made compatible in
18 several ways. So factors that dictate compatibility are
19 things like the site characteristics themselves, the site
20 size, its topography, the existing improvements on the
21 site, site planning, where improvements will be located,
22 buffering, design issues, things like that. And the County
23 has a process to deal with that.
24 And then there's also the effect of
25 performance standards on the use in question. So
65
1 performance standards are things like noise limitations or
2 stormwater requirements or air quality requirements.
3 I'm going to address the rest of our
4 compatibility discussion with reference to five different
5 factors, which were really things that came up at the
6 Planning Commission. And those are uses, views, noise,
7 dust, and stormwater.
8 Most of these issues are best addressed at
9 site plan. But since they were raised at the Planning
10 Commission, they were -- they really occupied a lot of the
11 discussion at the Planning Commission. I want to touch on
12 each of them briefly, and we'll certainly be happy to
13 answer questions about them during question and answer.
14 Let's look at uses first. So there's no
15 question that the I-3 District allows for many heavy
16 industrial uses. So I want to talk about the ways that
17 they're actually limited on this site and think through how
18 those land uses are limited.
19 So first of all, the land uses are limited
20 by who is using the site. As an initial matter, Rock and
21 Rail is a railroad. It transloads construction aggregate.
22 And while we need -- certainly need to show compatibility
23 with all of the I-3 uses, we want to make clear that Rock
24 and Rail has no plans to leave the site, and it really does
25 not intend to use this site for anything but bringing stone
66
1 aggregate into the site, mixing it into concrete and
2 asphalt, and sending it away.
3 Site characteristics also dictate uses on
4 the site. This is a large site, which allows for its
5 current transportation function, and it would allow for a
6 number of those other I-3 uses. But it's perhaps not large
7 enough for some of the I-3 uses; for example, an airport.
8 There are other site characteristics that
9 act as determinant of uses that can -- that are -- the
10 other site characteristic that determines the uses is the
11 existence of the railroad.
12 Because the property is developed with a
13 railroad and railroads don't often go away, the -- that
14 makes the property's rental value far too high for many
15 industrial uses that are not transportation related.
16 So the physical improvements on the
17 property, like the rail spur, also would make the use of
18 the site impractical for a lot of other uses that are
19 allowed in the I-3 District. Even farming would be
20 difficult because of the fact that you have a railroad on
21 the site.
22 The use limitations in the Code themselves
23 also dictate the uses on a given property. There are some
24 of the I-3 uses that are listed in the Code that are not
25 allowed here because of limitations that you've placed on
67
1 them in your Code.
2 So, for example, our opponents will probably
3 tell you that adult businesses and domestic septic uses
4 would be allowed on this property. That's not true. You
5 can only undertake those uses if the parcel on which those
6 uses are located is more than 500 feet away from a
7 residential neighborhood. So those uses would not be
8 allowed here.
9 And then we're also limited by the
10 performance standards that are imposed by the county and
11 state governments. So, for example, there are noise limits
12 that are enforced by the county. We have air permits that
13 impose limits on dust emissions and impose odor controls.
14 There are CDPHE, the state regulates stormwater runoff.
15 And then the eventual site plan, which will have to go
16 through the county will confirm the berming and buffering
17 on the site today, the landscaping requirements, design,
18 all that.
19 So the existing development of the site
20 ensures that the mitigation measures that are in place
21 today will remain, and the sheer expense of changing those
22 is also a deterrent from changing those mitigation
23 measures.
24 Views also came up. We heard about concerns
25 about views from Indianhead and from Rockin' S Ranch, which
68
1 is the event venue that is over on County Road 15.
2 The views to the mountains are generally
3 preserved by this site. So, for example, we have
4 1,400 feet between Indianhead and the concrete plant, which
5 also provides essentially an unobstructed view to the
6 panoramic view of the mountains to the west.
7 Now, almost any other use -- leaving aside
8 agriculture would likely have a greater impact on views,
9 because it would likely have development closer in to
10 Indianhead.
11 There were significant improvements that
12 have been made on the site to obstruct much of the view of
13 the facility from Indianhead and from Rockin' S Ranch.
14 Those include berming and buffering. And actually, I
15 should say that 15 acres of the site is dedicated to the
16 buffer area that is adjacent to Indianhead. And over
17 30 percent of the site is dedicated to other buffering
18 areas. So --
19 COMMISSIONER MORENO: If I may, so we don't
20 have to keep going back.
21 MR. CONNOLLY: Sure.
22 COMMISSIONER MORENO: Just to clarify, on
23 your distance right there, the 1,400 feet, that's to the
24 plant, not to the transload rail, right?
25 MR. CONNOLLY: That's correct. So
69
1 1,400 feet from the property -- the Indianhead property
2 boundary to the plant, and then 750 feet to the railroad.
3 COMMISSIONER MORENO: Okay. Thank you.
4 MR. CONNOLLY: Yeah.
5 And, yeah, feel free to jump in with other
6 questions of course.
7 So to the extent the facility is visible, we
8 also think it's consistent architecturally with surrounding
9 agrarian types of development. The type of -- the
10 architecture that was used at concrete plant is really
11 intended to sort of reflect a silo or some other type of
12 agrarian architecture.
13 We also heard concerns about noise. And
14 today you will undoubtedly hear a lot about noise from our
15 opponents who will show you charts with measurements that
16 were taken by members of CLR-34. And, unfortunately, we
17 think some of those charts are inaccurate and/or
18 misleading. Our opponents are going to try to frame us as
19 being too loud.
20 This is a noise contour map that was put
21 together by Behrens and Associates, our sound consultant.
22 And this is based on actual, professional measurements of
23 sound from this facility. This is the only professionally
24 completed sound study that is in the record before you
25 today.
70
1 And Behrens went out to look at the site
2 shortly before and after the Planning Commission hearing,
3 after we heard some of the complaints from opponents.
4 Behrens' initial review showed that the
5 facility was well within compliance with the industrial
6 noise standards and actually very close to the residential
7 noise standards. But we were worked with Behrens to see
8 whether additional improvements could be made to further
9 mitigate noise.
10 What this contour map shows is sound from
11 normal, daily operations of the plant. And so it's
12 expressed as a contour map. So what you're seeing -- I
13 realize it's far away from your respective screens, but
14 what you're seeing is the loudest noises are, of course,
15 right next to the concrete plant, and then they taper off
16 as you get further away.
17 What this shows is that as you get close to
18 Indianhead and get into Indianhead, our noise contour's
19 about 40 decibels, which is well below the residential
20 noise standard.
21 So perhaps most importantly on the topic of
22 noise -- and I'll be happy to answer more questions about
23 noise during the Q and A, and I'm sure you'll have some
24 questions about it. Perhaps most important is that under
25 the facility's current federal regulation, there are no
71
1 noise limits that apply to this facility. And they would
2 not apply to this facility if this rezoning is not
3 approved.
4 We are asking the County to regulate the
5 concrete plant and asphalt plant and other operations on
6 the site.
7 So all of these existing practices and noise
8 mitigation investments that Rock and Rail has made are
9 there only because of Rock and Rail, and before, Martin
10 Marietta's desire to be a good neighbor.
11 It agreed to do these things under the Use
12 by Special Review. It stuck to them, and it's made further
13 improvements.
14 There were also some concerns raised about
15 dust, but I think those were maybe based on a lack of
16 information since dust transmission from this property
17 really is negligible. We are regulated as to dust by our
18 Clean Air Act permits, by CDPHE. We may well be the only
19 use in the area that is actually regulated for air
20 emissions. And if we don't comply with those, we lose our
21 permit.
22 So before we can start a new piece of
23 equipment, before we can expand the facility, anything like
24 that, we have to prove that it will comply. There is a
25 huge investment in this property, and Rock and Rail cannot
72
1 afford to have air quality violations. So this is very
2 important to us. We do not have air quality violations.
3 There has been one air quality incident with
4 this site, just to be fully transparent, which occurred as
5 a result of a faulty valve switch on the site. Within
6 15 minutes of that happening, Rock and Rail had the
7 facility fully shut down, which was before regulators could
8 even -- even get on the site. And we have the reports from
9 those. We're happy to share them with you if you need.
10 These are just some examples of dust
11 mitigation techniques that Rock and Rail uses on the site.
12 So there is daily watering of the site with water trucks.
13 And then, for example, what you see on the bottom left-hand
14 corner on the right are the conveyor belts that transport
15 aggregate on the site actually have sprayers on them. So
16 the aggregate that's dumped into stockpiles is wet
17 aggregate, so it cannot really transmit from the site.
18 I'll turn then to stormwater. Stormwater
19 was an issue that was raised at the planning commission as
20 well. I just want to briefly touch on it.
21 So the stormwater plan for this property was
22 approved in 2015. It has three on -site detention ponds,
23 and there have been -- there are other improvements that
24 have been made. There have been no releases of stormwater
25 from the property except for one in 2017, which was before
73
1 all of the stormwater infrastructure on the site was
2 completed; that was during construction of the site.
3 And so in response to some of the concerns
4 about water quality that were raised at the Planning
5 Commission, Rock and Rail went out and undertook soil
6 samples to see whether there was any contamination in the
7 soil as a result of this facility.
8 And what that found was that most items that
9 it was tested for were did not offer any detection
10 whatsoever. So it didn't find most pollutants in the soil.
11 There were higher levels of barium chromium, which were
12 found actually outside the site, further upstream from
13 where the site is located. So what that confirms is there
14 really is no water quality issue from the site.
15 Now, I do want to make clear that in
16 addition to complying with all the monitoring requirements
17 that CDPHE imposes on this site, Rock and Rail is committed
18 to ensuring that stormwater leaving this property, whether
19 on the surface or in the form of groundwater, is clean and
20 is of a high quality.
21 And there were some concerns, again
22 discussed at planning commission, about stormwater. If it
23 were the desire of the County to impose additional
24 monitoring requirements on Rock and Rail to ensure that
25 stormwater is of a high quality, we would be happy to agree
74
1 to those.
2 I think -- as I said at the beginning of our
3 discussion of compatibility, it's really hard to evaluate
4 compatibility based on uses alone. And so while
5 compatibility is hard to measure, I think the free market
6 might offer perhaps the best way to measure compatibility.
7 If a new use is not compatible with surrounding uses, you
8 would expect to see reductions in residential property
9 values in the area.
10 So we engaged an independent consultant,
11 completely independent, to go review real estate values in
12 the area. And he did so against real estate values for the
13 county. And this is based on actual sales of homes in
14 Indianhead, in the area immediately surrounding the
15 facility, and then in the -- then countywide.
16 What he found was that since this facility
17 was approved and built, which has been roughly five years,
18 there has been a 41 percent gain in residential property
19 values in the area immediately surrounding this facility.
20 That's 5 percent higher than the rest of the county.
21 So what you see on this -- on this chart is
22 the blue line is county median sale prices. The red line,
23 which is more jagged because there's just less sales in the
24 area. The red line is median -- is sale prices in the area
25 immediately surrounding this facility. Just less
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1 use -- less homes, so you -- it appears to be less steady
2 than the blue line for the county.
3 This area also has a higher median sale
4 price than other areas of the county generally. The median
5 sale price for houses in 2019 was over -- or was $637,800.
6 So people are paying between a half and three-quarters of a
7 million dollars, generally speaking, for homes in the
8 immediate vicinity of this facility. So if the free market
9 is to be trusted, then there's no compatibility issue here
10 really at all.
11 And more importantly, several properties
12 along the western edge of Indianhead that were undeveloped
13 have now had new homes constructed on them, in plain view
14 and plain earshot of this facility. So it seems that
15 buyers are still willing to pay substantial and increasing
16 sums of money for homes in Indianhead, and families are
17 willing to build new homes in Indianhead. And this -- what
18 this slide shows, the locations of all the new homes that
19 have been constructed in Indianhead.
20 I want to spend the last few minutes of our
21 presentation addressing the ways in which Rock and Rail,
22 and Martin Marietta before it, have taken steps to be a
23 good neighbor.
24 One of the themes that came about at the
25 Planning Commission, which you'll undoubtedly hear today,
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1 is that Rock and Rail is the bad neighbor. That,
2 unfortunately, is a position that seems to be taken by a
3 small minority of residents in the area and participants in
4 this case who spent years trying to fight this facility at
5 significant cost. And they have a vested interest in
6 trying to get rid of it and not working with us to try to
7 help mitigate any impacts that might exist.
8 It's perfectly understandable and reasonable
9 for a resident to be concerned about a new or prospective
10 industrial use in their backyard. That is perfectly
11 reasonable. Because you don't know much about it, you
12 might be concerned about what might happen.
13 If we were dealing with a property that
14 wasn't already operating, we would get it. But this is a
15 different case. This use has been operating for two years,
16 and Rock and Rail has spent well over $15 million, over and
17 above the cost of constructing this facility, on physical
18 improvements to the property to ensure that it is
19 compatible with surrounding land use. And its employees
20 have spent hundreds of hours of their time working with
21 neighbors to try to mitigate any concerns.
22 So I want to focus for a few minutes on Rock
23 and Rail's good neighbor approach through the lens of both
24 physical improvements to the property that have ensured
25 that it's a good neighbor, as well as Rock and Rail's and
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1 Martin Marietta's interactions with the community.
2 So some of the mitigation measures that have
3 be taken to date show compatibility. This includes, for
4 example, agricultural-themed architecture on the plant, a
5 truck underpass so that trucks would not have to go over
6 top of the railroad and so they would not be visible; you
7 wouldn't see lights from the trucks, for example. A
8 significant separation distance have been provided between
9 residential areas and the activities on the site. Again,
10 750 feet to the railroad, 1,400 feet from the residential
11 properties to the concrete plant.
12 There's buffering, berming, and landscaping
13 that's been provided around the perimeter of the site,
14 which largely blocks the view of the facility and the
15 operation from adjacent residential areas.
16 There have been noise mitigation efforts,
17 which include both operational limits and physical
18 improvements, including sound walls and berms. And, again,
19 there's dust mitigation that's done through a dust
20 mitigation plant.
21 And I want to be clear today that the
22 applicant is committed to continuing to mitigate any
23 effects to ensure continued compatibility. In many ways,
24 these mitigation measures show how industrial uses of this
25 property are actually, in many ways, better than other uses
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1 you might have on the property that could have been there.
2 For example, you'd be highly unlikely to have this amount
3 of berming and buffering for a retail commercial use or a
4 residential subdivision or some other type of development
5 that might occur on this property.
6 Also, I want to focus a little bit on
7 outreach efforts. The original USR approval had some good
8 neighbor requirements that went beyond the physical
9 improvements to the property. And those included, for
10 example, the establishment and maintenance of a community
11 working group, which was to meet and discuss issues that
12 arise with the facility.
13 It also included a $100,000 landscaping fund
14 for owners in Indianhead Estates to use to landscape their
15 properties for additional screening. And Martin Marietta
16 paid Rockin' S Ranch $35,000 for additional landscaping on
17 that property and hired a landscape architect to assist
18 with the design.
19 These actions built on Martin Marietta's
20 prior work with neighbors and community members, which
21 resulted in a significant amount of actual public support
22 for the 2015 USR.
23 The community working group meetings did
24 continue even after the neighbors initiated litigation, all
25 the way into 2018. And Martin Marietta made the
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1 landscaping fund available even after the litigation was
2 initiated, but the neighbors did not take advantage of it.
3 As litigation progressed, of course the
4 community working group meetings sort of tailed off, which
5 is to be expected, and that's one of the unfortunate
6 results of the litigation that has engulfed this site.
7 Looking to present and future efforts, Rock
8 and Rail has continued to make serious efforts to be a good
9 neighbor. First, it's maintained all of the mitigation
10 measures that were required under the USR even though it is
11 under no legal obligation to do so.
12 It's also made its contact information
13 available to neighbors and has encouraged them to contact
14 Rock and Rail in the event there is any type of a problem
15 with the facility.
16 Rock and Rail put up a sign with a QR code
17 at its -- at the entrance to the facility that prides
18 contact information for the site manager, and many of the
19 people here today have the site manager's contact
20 information. And when it's received concerns, Rock and
21 Rail has responded as quickly as possible.
22 Rock and Rail also remains willing to make
23 additional modifications to the physical build -out of the
24 property to accommodate concerns. In fact, after the
25 Planning Vommission hearing, Rock and Rail again reviewed
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1 noise data related to this site, and dust complaints, to
2 determine whether future measures could be taken to respond
3 to neighbor concerns.
4 Some measures that have been taken include
5 the installation of additional sound walls to further
6 mitigate noise. Rock and Rail has changed all of the brake
7 shoes on its railcars to a composite type to reduce brake
8 noise from the train itself.
9 In August, Rock and Rail will install a new
10 rail greaser to further limit -- to further limit noise
11 from the rail. It's provided additional training of its
12 engineers and truck drivers with respect to its loading and
13 unloading practices to reduce noise.
14 And there's additional watering of aggregate
15 piles that's being undertaken by dedicated staff. It used
16 to be done by staff that also had other jobs at the
17 concrete plant. Now there are dedicated staff to deal with
18 watering on the site.
19 Rock and Rail's good neighbor efforts have
20 not gone unnoticed. We were honored to see at least one
21 letter in the packet from someone who opposed the USR in
22 2015 and who now supports it because of the mitigation
23 measures that have been put in place and because Rock and
24 Rail has been a good neighbor. We're proud to have earned
25 the support of other people in the community who recognize
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1 this facility is both important to the local economy and
2 that mitigation measures have balanced neighbor concerns.
3 So Rock and Rail is here, in part, because
4 it views under --
5 COMMISSIONER MORENO: Sorry.
6 MR. CONNOLLY: Yeah.
7 COMMISSIONER MORENO: That property that
8 you're talking about that you helped with a good neighbor
9 here, was that right? With the 750 feet away from the
10 MR. CONNOLLY: So the $100,000 landscaping
11 fund was dedicated to Indianhead Estates, which is -- so
12 Indianhead Estates is the residential neighborhood that's
13 down here on the --
14 COMMISSIONER MORENO: Right. Towards --
15 MR. CONNOLLY: -- to the northeast of the
16 site. And then there was also a landscaping fund that was
17 dedicated to Rockin' S Ranch, which is the event center on
18 County Road 15, which is about -- it's about 1,400 feet
19 from the site boundary to the east. It's about
20 three-quarters of a mile really to the concrete plant to
21 the east.
22 So yeah. Does that answer your question?
23 COMMISSIONER MORENO: Yes. That clears it
24 up. Thank you.
25 MR. CONNOLLY: Okay. So we are here, in
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1 part, today because we view undertaking this rezoning as
2 being the right thing to do to ensure that the County and
3 community have a consistent set of rules that can be
4 enforced against this property. And we believe that
5 strikes the balance that's needed here.
6 So in summary, we think that we have a
7 unique allocation -- it's probably true -- given the
8 characteristics of federal law and the fact that the site's
9 already built with a known user and build -out plans.
10 The County's Comprehensive Plan provides
11 strong support for the application, and each of the
12 approval criteria here are met.
13 And, most importantly, we do think this
14 project has achieved balance between economic growth and
15 existing land uses, between Comprehensive Plan compliance
16 and compatibility. And also what we're here today to do is
17 to balance the federal regulation of the railroad with
18 local regulation of the land uses on that site.
19 And so I'll pause right there because I do
20 want to answer some of your questions from the applicant
21 perspective, Commissioner James. You had asked a question
22 about whether the Surface Transportation Board exercises
23 land use authority.
24 And although some of the items that it
25 regulates might affect land uses, it really doesn't
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1 exercise land use authority. What it is, is a body that
2 regulates railroads. So it regulates railroad operations,
3 licenses railroads, things like that.
4 So the Surface Transportation Board is not
5 saying that, you know, thou shalt put residential uses on
6 property or, you know, it doesn't have setbacks; it doesn't
7 have buffer requirements; it doesn't have height
8 limitations, noise limitations. It is it is regulating
9 railroads (audio glitch).
10 And a related question that you asked was,
11 is the Surface Transportation Board, because of this
12 application or otherwise, linked to the cede authority over
13 this property. The answer is no.
14 So the Surface Transportation Board
15 regulates Rock and Rail. It has to be regulated by the
16 Surface Transportation Board as a railroad. What we are
17 agreeing here today, as part of this application, is that
18 the concrete mixing operations, future asphalt plan, really
19 any operations that are not either the movement of a train
20 around the property or the conveyance of material off of
21 the train. What we are doing is agreeing that all of that
22 would be regulated by the County.
23 COMMISSIONER JAMES: By not asking for the
24 rezoning, would you be allowed to develop those aspects of
25 this property?
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1 MR. CONNOLLY: So that is partially what's
2 at issue in the federal lawsuit. It's a fact -specific
3 determination. Every -- every -- every question of whether
4 something constitutes a rail transportation under ICCTA is
5 a fact -specific determination that would need to be
6 addressed, for example, by the Surface Transportation Board
7 or by a court.
8 We have not asked the Surface Transportation
9 Board or a court to weigh in on the future anticipated
10 improvements on the property. The issue that's at -- what
11 is at issue in the federal lawsuit right now is whether,
12 for example, the concrete mixing operation falls within
13 that meaning of rail transportation. And I should -- just
14 to comment on that, because it may sound a little strange,
15 you know, just at face value that concrete mixing might be
16 rail transportation.
17 The Surface Transportation Board's
18 jurisdiction and what it calls rail transportation includes
19 both rail transportation itself -- so a train, right? But
20 it also includes services related to rail.
21 And so you have cases where there might be
22 some type of processing that occurs on a site where a train
23 comes through and drops material off, and those cases have
24 found that that constitutes rail transportation.
25 COMMISSIONER JAMES: Okay.
85
1 MR. CONNOLLY: So hopefully -- does that
2 help answer your question?
3 COMMISSIONER JAMES: It does. Thank you.
4 MR. CONNOLLY: Okay.
5 So all of that being said, again, we have
6 provided a set of proposed findings, which hopefully will
7 help you if you so choose to approve our application. We
8 do respectfully request your approval.
9 I would like to turn it over very briefly to
10 Gary Gerrard, the landowner, who just is going to offer a
11 few comments on behalf of the landowner. Thank you.
12 MR. GERRARD: Good morning, Commissioners.
13 My name is Gary Gerrard. My address is 27154 Weld County
14 Road 13. Thank you for hearing us again, and thank you for
15 your patience through all of this.
16 This process has kind of been characterized
17 by our opponents as a fight between some individuals and a
18 large corporation. So as a landowner, I asked Rock and
19 Rail if they would be willing to allow me to speak for
20 myself. My attorney's here today, but I just wanted to
21 speak for myself, and you could put a face to the
22 application.
23 I am the landowner, and my name is on the
24 application.
25 I've lived in or near Loveland, Colorado,
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1 most all of my life except for a few years in the military.
2 I worked on farming as a teenager, and I worked
3 construction. I actually worked on the farm just across
4 the road, which is the McDonald Farm today; used to be the
5 Tom McHugh Farm, putting up hay and herding animals and
6 vaccinations and loading on railcars, which coincidentally
7 the rail facility is still there today after all these
8 years.
9 After a couple of those years overseas, I
10 came back -- with Uncle Sam, I came back, and I started a
11 construction and excavating business. And it was very
12 small; just myself and one other person. And my wife
13 helped me in the office. We excavated a lot of foundations
14 for homes. As a matter of fact, I excavated quite a few
15 foundations in Indianhead Estates during that time.
16 Today my wife and I and my grown children
17 operate Gerrard Excavating together as a family business.
18 As a consistent buyer of aggregates and aggregate -based
19 materials through the years, I noticed that the aggregate
20 local deposits were starting to be depleted. We were using
21 them up. We were using them up for construction, for
22 roads, for oil and gas and different things.
23 And in addition to that, the -- the ability
24 to permit these reserves were getting -- was getting more
25 difficult all the time. The shortage was causing an
87
1 increase in prices, which was driving the price of homes
2 up.
3 I had seen a large amount of aggregates and
4 reserves in Wyoming that were used for rail ballasts
5 throughout the country. And I went to Lafarge, the
6 predecessor of Martin Marietta, many years ago, and I
7 presented the idea of a transload facility to bring that
8 gravel to this area and get the trucks off the road and try
9 to give us a cost and supply of aggregate.
10 The market wasn't quite ready for it yet.
11 That never transpired. That property was a little further
12 to the west. Later on, I bought this property with the
13 idea that I'd put my construction business there, which the
14 county approved a USR on, which by the way, does still
15 exist, that USR, on some portion of that property. And we
16 operated our construction business out of there for years.
17 But I also bought it with that same vision
18 in mind of putting a transload facility. The reason is
19 because there's two rails that touch the property. One of
20 them being the Union Pacific, which is a high-speed rail,
21 which comes -- rather than through Fort Collins or
22 Loveland -- it could come that way, but it actually comes
23 out on Highway 85 and down past Milliken and Johnstown to
24 our site.
25 I approached -- in 2014, I approached Martin
88
1 Marietta with the idea of building this transload facility
2 because of the cost of effectiveness of rail and the vast
3 quantities -- really literally the vast quantities of
4 high -quality aggregate -- and those of you that aren't in
5 the aggregate business or the concrete business may not
6 understand, but there is a difference in aggregates. And
7 some of them are usable for concrete and asphalt, and some
8 of them really aren't.
9 There's a lot of rocks up in the mountains
10 here in Colorado, but we're not allowed to go get those
11 rocks. They're not -- can't permit those things anymore.
12 Some of them even aren't -- really aren't even quality
13 material to be used in concrete anyway.
14 My thinking was that this rail -serve
15 property is at the center of the northern market and has
16 easy access to the major U.S. highways. And it won't
17 interfere with the traffic from schools, shopping centers,
18 or residential subdivisions.
19 This idea would not only relieve pressure on
20 the depleted aggregate resources in Northern Colorado, but
21 it would also replace and remove thousands of trucks from
22 the roads and highways each year by the use of the existing
23 rail from Wyoming.
24 It could also consolidate the operations of
25 aggregate -based products, such as concrete and asphalt in
89
1 one centralized location, creating further efficiencies for
2 the market and also avoiding additional congestion on the
3 roads.
4 And you end up behind a truck -- I've done
5 it myself. I get behind a truck, and I get up around to
6 pass, and I realize it's mine. So I know how frustrating
7 that can be. So anything we can do to take more trucks off
8 the road and put it on rail, to me, is way more efficient.
9 Cost effective as well.
10 It's important to note that I presented this
11 idea of tendered property only to Martin Marietta. And I
12 think that's important to know; that there's several large
13 corporations, national corporations that have reserves in
14 Wyoming that I could have gone to. My family and I
15 probably could have monetized this a little bit better had
16 we done a competitive process with those different users.
17 But I've worked with Martin Marietta folks, these same
18 folks that are here today, for over 40 years in my
19 business.
20 I've grown to respect them. I've grown to
21 trust them, and I didn't present it to anybody else. I
22 knew that the promises they made would be promises kept,
23 and they have. They have done that with me, and I've
24 watched them also do that with the neighbors throughout
25 this entire thing.
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1 Regardless of what you may hear today, I
2 have seen it with -- I have seen it myself, and I have seen
3 it through the years. I have seen them mitigate things in
4 the past that they didn't have to do. And I believe
5 they've gone above and beyond in this project as well. And
6 it's a perfect example of just that.
7 It was important to us to have Martin
8 Marietta because I knew that they would take care of our
9 neighbors. I knew they would do whatever they had to do to
10 mitigate the issues. I also knew they had the financial
11 ability to keep their promises to -- not only to me and my
12 family, but also to the community.
13 Throughout this saga, as the newspaper coins
14 this is phrase about this ordeal, the neighbors have never
15 been willing to negotiate. They have never been willing to
16 compromise. The only thing they've been willing to accept
17 is the complete removal of this facility from my land.
18 I've heard it said that this land needs to
19 go back to alfalfa. Well, that would be the same as me
20 coming to you and asking you to tear down their homes and
21 return their property to agricultural land. It's a
22 ridiculous argument. We can't do that.
23 This property has a much higher and better
24 use right now than $7 -a -bale hay, and we would like to be
25 able to do that.
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1 Ironically, at any time between 2005 and
2 2014, the neighbors could have purchased this property,
3 probably for less money than they've spent on litigation up
4 until now.
5 Our family, as landowners, are committed to
6 the use of rail for this property. The Union Pacific
7 rail -- railway makes that necessary. If we ever lost Rock
8 and Rail for any reason, we might never find a company to
9 operate this site who is willing to be a good neighbor and
10 community member the way Martin Marietta has been.
11 So this is not a fight to be characterized
12 between homeowners and some large corporation from out
13 east. It's really a small group of vocal neighbors who are
14 demanding that the County deny my family the same freedom
15 to change the use of our land under the county land use
16 code that they have all enjoyed and profited from for many
17 years.
18 Thank you for your time.
19 CHAIR FREEMAN: All right. Hold on.
20 COMMISSIONER MORENO: Mr. Gerrard, I have
21 one question.
22 Just to make sure I understand some of your
23 comments in there about the ownership of the property.
24 You've owned this property for how long? Because you said
25 this property was up for sale in 2005 or something? Can
92
1 you explain that a little bit more.
2 MR. GERRARD: Yes. The property -- the
3 property sold in several phases. The first portion I
4 bought was probably back in 2005.
5 COMMISSIONER MORENO: When you -- when did
6 you purchase it? That's what I --
7 MR. GERRARD: That's when I first purchased
8 the property. And then I bought another section of it to
9 the back later on, in probably 2013 or '14, something like
10 that. So any time during that time, that property was for
11 sale and could have been purchased by anyone.
12 COMMISSIONER MORENO: Okay. Thank you for
13 clarifying that.
14 CHAIR FREEMAN: Okay. Any other clarifying
15 questions for the applicant? Just clarifying. We'll get
16 back -- if it's a clarifying question, we'll do it now --
17 COMMISSIONER JAMES: I have a ton --
18 CHAIR FREEMAN: -- after public comment.
19 COMMISSIONER JAMES: -- but, yeah, let's do
20 it after public comment.
21 CHAIR FREEMAN: Okay. So thank you to the
22 applicant.
23 So now where we're at is we're going to go
24 ahead and open it up to public input for anybody that can't
25 be here this afternoon. If there's anybody here that can't
93
1 be here this afternoon, we'll hear that. If not, we'll go
2 ahead and recess. We're eight minutes till noon, and then
3 we'll be back close to 1:00 or a little before 1:00.
4 So is there anybody that can't be here this
5 afternoon? Okay. Go ahead and come on up.
6 And please state your name and address for
7 the record and please try to keep your comments to three
8 minutes.
9 MR. SHAEFER: Thank you, Mr. Chairman. And,
10 thank you, County Commissioners. My name is Ryan Schaefer.
11 My address is 6626 Royal Country Down Drive, Windsor,
12 Colorado.
13 Professionally, I'm the CEO of NAI Affinity.
14 We are a real estate brokerage company that has brokered
15 about a half a billion dollars' worth of commercial
16 property in Northern Colorado.
17 We also invest in and develop real estate
18 west of the Mississippi, from Kansas City to El Dorado
19 Hills, California.
20 I wanted to express my support for the
21 rezoning request today as too often the business community
22 kind of sits idly by. And unless they have a vested
23 interest in the project, they don't speak up.
24 I do not have a vested interest in this
25 project whatsoever. I have done business with the
94
1 applicant before, as I have many construction companies
2 around the region and other development interests. But I
3 have no financial interest whatsoever now or anticipated in
4 the future with respect to this project.
5 I support this project because the rezoning
6 request, I think, is consistent with the County's Comp
7 Plan. It's also very consistent with existing uses,
8 including the rail line that's there.
9 At issue is compatibility. That's an easy
10 thing to subjectively argue for both sides. I think you'll
11 hear many of those arguments yet today. You've heard some
12 already.
13 What it boils down to for me, as a
14 development professional and a real estate professional, is
15 what you can see out there that already exists. And the
16 applicant and the county staff have already pointed out
17 numerous examples where residential and industrial can
18 coexist based upon certain mitigants and buffers that are
19 already in place. That occurs throughout our community
20 already. It occurs in many other places around the region
21 as well.
22 Two other examples that I would offer you
23 includes the Water Valley subdivision, which is an
24 award -winning, master -planned community, as you know, in
25 Weld County. There are rail lines and industrial
95
1 facilities all around that property.
2 There is a distribution facility that was
3 formerly used for cardboard boxes across the street from
4 the property. We have the Kodak plant. We have the
5 gr -- Great Western Industrial Park across the street. And
6 there's literally a rail line next to multi -million dollar
7 houses that have continued to appreciate.
8 I also would offer an example from the 25/34
9 master -planned community where today there are roughly 700
10 Class A apartment units right up against the Great Western
11 rail line. And some of those apartments are within a few
12 hundred feet of distribution facilities for beer, for
13 Coca-Cola, and truck tires.
14 And so through the use of good planning
15 practices and mitigants there, we've had a successful
16 cohabitation of those uses already. I would even add that
17 in the case of Continental Properties, 212 -unit project,
18 the Springs at 25/34, they purchased that land for a record
19 $17,000 per unit, which is the highest price for a suburban
20 multi -family product in the region that was done with
21 industrial development across the street and an adjacent
22 rail line.
23 CHAIR FREEMAN: Okay.
24 MR. SHAEFER: That's all I have to add.
25 Thank you for letting me speak.
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1 CHAIR FREEMAN: Thank you. Okay. I saw a
2 couple -- yeah. Come on up.
3 MR. WALDO: Thank you, Commissioners. My
4 name is Jason Waldo, 9925 Waldo Lane. I'm here to speak in
5 support for the rezoning.
6 I want to quickly hit on a few different
7 topics here. First of all, jobs. This site directly or
8 indirectly adds to 4,000 different jobs in the area. And
9 especially in this economic time, it's good to have
10 certainty and economic safety. And it's also one of the
11 guiding principles that we looked about earlier today for
12 the county.
13 Second, accommodation. The accommodation
14 that has been made by this company is dramatic. From the
15 different berms that have been put up to the agricultural
16 silo look for the processing station, it's meant to try to
17 blend in as good as possible in a situation like this.
18 Also why here? To me, you have to go where
19 the tracks are. And the railroad tracks converge right in
20 this area. You have to do that in order to accommodate
21 bringing product in from different states. So it has to be
22 where the railroad tracks are.
23 Let's see. This is also one of the guiding
24 principles. Why is this product needed? Every part of
25 society touches gravel, concrete, and asphalt. From the
97
1 roads we drove in on, to the building we're in, every part
2 of society.
3 And to centrally locate it where the biggest
4 population base is makes most sense for environmental
5 stewardship, for not having to truck it from far distances.
6 So, to me, it's just common sense that needs to go by the
7 railroad tracks and where it's needed the most.
8 And I do support this project. Thank you.
9 CHAIR FREEMAN: Thank you.
10 Okay. Was there anybody else that
11 needed -- that wouldn't be able to be here this afternoon?
12 Yeah. Come on up.
13 MR. LECERF: Good morning, Commissioner
14 Freeman, and hello, Commissioners. Hope everybody is doing
15 well this evening -- or this morning. My name is Matt
16 LeCerf. I am the town manager for Town of Johnstown. I'm
17 representing Johnstown on this matter. My address for work
18 is 450 South Parish.
19 I just wanted to make sure, first of all,
20 that you do have the two copies of the documents that the
21 town submitted as part of the record. The first one being
22 Resolution 2020-13, which is in opposition to the Rock and
23 Rail's application for rezoning. The second one being the
24 letter from me dated June 15, 2020.
25 I would also add, as you consider this
98
1 application, that -- that in my opinion, I think the town's
2 opinion, that -- that this originated with the providing of
3 a USR permit. And had that USR permit not been approved,
4 as it was recommended for denial by the Planning Department
5 and Planning Commission, that we probably wouldn't be in
6 this situation to begin with. That, ultimately, that
7 wouldn't have been a permitted use under the USR, and we
8 wouldn't be where we are today.
9 As part of this USR permit, you also
10 received five municipalities that recommended
11 approve -- against it. You have also the Northern Front
12 Range MPO. They also recognized that as agricultural land
13 as well.
14 This property is in the town's GMA, and it
15 also is recognized as residential use property within our
16 growth management area.
17 As we look at the ability for local control,
18 we believe that that should have been delegated to the town
19 ultimately. Certainly we all respect local control, and we
20 believe that because of that this shouldn't be permitted;
21 that this should be something that the Town of Johnstown
22 should have been able to have jurisdiction over.
23 Thank you.
24 COMMISSIONER ROSS: Mr. Chair, I have a
25 question --
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1 CHAIR FREEMAN: Yes.
2 COMMISSIONER ROSS: -- for Mr. LeCerf.
3 Did you receive the county's request to see
4 if the Town of Johnstown would like to annex this property?
5 MR. LECERF: We did, yes.
6 COMMISSIONER ROSS: Okay. And --
7 MR. LECERF: I didn't specifically receive
8 it, but we did --
9 COMMISSIONER ROSS: The Town of Johnstown
10 received it?
11 MR. LECERF: Yes. And we declined to
12 consider annexation based on the fact that that property
13 already had an existing use of -- under that USR, and the
14 town did not support that use.
15 So the only way that was going to annex is
16 if it was still in that existing use, and the town did not
17 support that use. And that's why we decided not to move
18 forward with an annexation offer.
19 COMMISSIONER ROSS: Okay. I'm just
20 confused, because a moment ago you asked for local control
21 of this property --
22 MR. LECERF: Right.
23 COMMISSIONER ROSS: -- yet you chose not to
24 take that authority when given the opportunity?
25 MR. LECERF: And I think probably that local
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1 control authority back in 2015 would have been the ideal
2 time to do that, not in 2019 --
3 COMMISSIONER ROSS: Okay. Thank you for --
4 MR. LECERF: -- or 2020. Sorry.
5 COMMISSIONER ROSS: Thank you.
6 CHAIR FREEMAN: Commissioner James.
7 COMMISSIONER JAMES: Thank you, Mr. Chair.
8 Matt -- Mr. LeCerf, I'm sorry. This is a formal situation.
9 Mr. LeCerf, should a municipality be able to
10 exert authority from a land use control situation on a
11 piece of property that's outside its boundaries?
12 MR. LECERF: Well, when it's within the
13 growth management area, I think there's a joint obligation,
14 right? So I think the town does have some sort of
15 authority by which, inside of our growth
16 management -- management area, that we control that
17 property in the sense of what our long-term growth area is
18 going to look like.
19 I don't believe it should be the County's
20 responsibility to be telling us what is going to happen in
21 our growth management territory.
22 COMMISSIONER JAMES: Does the Town of
23 Johnstown annex properties without a landowner's consent?
24 MR. LECERF: It is the policy of the Town of
25 Johnstown that we do not.
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1 COMMISSIONER JAMES: Okay. When was the
2 Town of Johnstown's -- these questions become rhetorical
3 because of my past.
4 MR. LECERF: Sure.
5 COMMISSIONER JAMES: When was the Town of
6 Johnstown's Comprehensive Plan and Growth Management Plan
7 last updated?
8 MR. LECERF: It was last updated, I believe,
9 in November 2006. It is currently in the process of being
10 revised now, but its applicability obviously is not here
11 and now.
12 COMMISSIONER JAMES: I can probably answer
13 this question better than you, because I was there and you
14 weren't, but --
15 MR. LECERF: Yes, sir.
16 COMMISSIONER JAMES: -- was the rail taken
17 into account when the bubble was drawn around the map in
18 2006.
19 MR. LECERF: I do not know that answer. But
20 based on the future land use plan where it called for state
21 residential lots, I think there was some deliberation in
22 that identification for that land use type.
23 COMMISSIONER JAMES: I can answer the
24 question. We did not consider the rail at that time.
25 MR. LECERF: Okay.
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1 CHAIR FREEMAN: Thank you, sir.
2 Commissioner Ross.
3 COMMISSIONER ROSS: Mr. Moreno has --
4 CHAIR FREEMAN: Oh, I'm sorry. I didn't see
5 you.
6 COMMISSIONER MORENO: All right. Thank you,
7 Mr. Chair.
8 Mr. LeCerf --
9 MR. LECERF: Yes, sir.
10 COMMISSIONER MORENO: -- I just want to make
11 sure on record here. You're saying you're representing the
12 council now. I was trying to find that resolution. So the
13 council voted on this --
14 MR. LECERF: Yeah. Yes, they did. So I can
15 provide the copy of it that I --
16 COMMISSIONER MORENO: That was a unanimous
17 vote?
18 MR. LECERF: It is not -- it is not an
19 executed copy, but they did approve it. I believe it was
20 May 11th -- well, it doesn't even have the date. May 11th,
21 I believe, was the date that we approved it.
22 COMMISSIONER MORENO: Okay. And then just
23 the other -- just to make sure to verify, the applicant in
24 the presentation talked about many projects, and the
25 projects that were done in Johnstown. Is that correct;
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1 that the product was coming from this particular site for
2 many of the projects that were mentioned for Johnstown? Is
3 that correct?
4 MR. LECERF: Were the -- was the material?
5 COMMISSIONER MORENO: Right.
6 MR. LECERF: I suppose it was. But that
7 same material could be at --
8 COMMISSIONER MORENO: I just -- I
9 just -- was it incorrect --
10 MR. LECERF: To my knowledge, that's
11 probably an appropriate statement, yes, sir.
12 COMMISSIONER MORENO: Okay. Thank you.
13 CHAIR FREEMAN: Commissioner Ross.
14 COMMISSIONER ROSS: Mr. LeCerf, a moment ago
15 you said you believed that when coming up with GMAs, that
16 should be a joint obligation.
17 Could you elaborate on that, what you meant
18 by that?
19 MR. LECERF: I said it should be a joint
20 application?
21 COMMISSIONER ROSS: Obligation. For the
22 term you used.
23 MR. LECERF: Obligation. Well, I think one
24 of the things that both the county and the town -- and all
25 the towns, hopefully, in Weld County have is a cooperative
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1 planning agreement. And hopefully within those cooperative
2 planning agreements, we respect each other's desire for how
3 we want to see our towns specifically within our
4 incorporated limits and within our growth management areas
5 developed.
6 COMMISSIONER ROSS: So have you reached out
7 to the County and working towards that? Or is that just
8 something solely Johnstown is putting together as you
9 revisit your Comprehensive Plan and maybe those growth
10 boundaries? Are you working cohesively with the county on
11 that or jointly with the county on that? Or is that a
12 Johnstown -specific document you're producing?
13 MR. LECERF: That's good question. So I do
14 have with me our planning and development director who can
15 probably better answer that than me, as she is leading the
16 efforts on the Comprehensive Plan within our community.
17 COMMISSIONER ROSS: Okay. If -- do you
18 mind, Mr. Chair.
19 CHAIR FREEMAN: No, that's fine.
20 MR. LECERF: That's okay?
21 CHAIR FREEMAN: Go ahead. Please just go
22 ahead and state your name and --
23 MS. MEYER: Absolutely. Kim Meyer, Planning
24 and Development Director for Johnstown, 450 South Parish in
25 Johnstown.
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1 In terms of -- we do actually have a
2 Cooperative Planning Agreement with the County. We are
3 still working on some common design standards that we're
4 working on over this next year.
5 With respect to our ability to move forward
6 with our current comprehensive planning effort, we are not
7 planning to adjust our GMA boundaries at all, which is
8 often what the big coordination piece often with, you know,
9 adjacent municipalities and jurisdictions would be. But
10 certainly we have reached out to all of our neighboring
11 jurisdictions and chatted a little bit so far about our
12 comp planning effort and moving that forward.
13 What was done back in 2006, or perhaps what
14 has transpired between then and now, I'm not sure I can
15 speak to intelligently.
16 COMMISSIONER ROSS: So in a sense, am I -- I
17 want to make sure I'm understanding you correctly --
18 MS. MEYER: Yeah. Please.
19 COMMISSIONER ROSS: -- because this is a
20 big, big question, right? You are working jointly with the
21 County as you address those GMA issues and asking how we
22 may see that so that we may give feedback to you as you're
23 developing those GMA guidelines or whatnot? Or you're just
24 more working with us to provide information to you?
25 How -- how is the County working --
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1 MS. MEYER: Sure.
2 COMMISSIONER ROSS: -- jointly in this
3 obligation with you, as Mr. LeCerf says?
4 MS. MEYER: So our current Cooperative
5 Planning Agreement says that we will tell Weld County
6 what's happening in nearby areas when we get applications
7 in, and vice versa, when County is looking at -- at land
8 use applications.
9 COMMISSIONER ROSS: Yep.
10 MS. MEYER: We get a chance to review those.
11 We get notices of intent and get a chance to talk with
12 applicants, sometimes before applications proceed through
13 the County.
14 In terms of the GMA itself, it is literally
15 a Line A boundary that exists and has existed since 2006.
16 We've made a couple of minor changes to that. We do
17 absolutely coordinate with the County when those changes
18 are proposed.
19 COMMISSIONER ROSS: Okay. Thank you.
20 COMMISSIONER JAMES: Follow-up question to
21 that, if I could, Mr. Chair.
22 Ms. Meyer, does the language in the CPA say
23 that Weld County will honor your GMA?
24 My question is rhetorical. Again, I can
25 tell you, it does not.
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1 MS. MEYER: I was just going to say, I would
2 have to look at the actual language of the CPA.
3 COMMISSIONER JAMES: I can tell you it does
4 not.
5 MS. MEYER: Fair enough.
6 CHAIR FREEMAN: All right. Thank you.
7 MS. MEYER: Thank you.
8 CHAIR FREEMAN: Okay. Is there anybody else
9 that needed to speak? Okay. Come on up.
10 MS. BOCCELLA: Oh, I can breathe now. So
11 good afternoon -- good morning -- good afternoon,
12 Commissioners and community members. Upon review of --
13 CHAIR FREEMAN: Please state your name and
14 address for the record.
15 MS. BOCCELLA: Oh. Sorry. Sally Boccella,
16 437 Pekin Drive, Johnstown, Colorado 80534.
17 I'm speaking on behalf of a resident of
18 Johnstown and also District 2.
19 CHAIR FREEMAN: Okay.
20 MS. BOCCELLA: Upon review of the land use
21 codes, visiting the local neighborhoods, small business and
22 farms directly affected by the existing operations of Rock
23 and Rail, along with the Town of Johnstown's 2015
24 opposition and recent 2020 Resolution opposing this
25 operation, I respectfully ask that the Board denies the
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1 application of rezoning of land located at 27486 County
2 Road 13 and 6433 County Road 56 from Agricultural to Heavy
3 Industrial.
4 Per the Town of Johnstown's Resolution
5 Number 2020-13, quote/unquote, Opposing this application
6 for a Change in Zone classification, an I-3 zone, the most
7 significant and impactful of all the industrial zones, is
8 far too intense and far beyond the type of use the town
9 desires near its municipal boundary. And after careful
10 review and consideration, the town finds that a change of
11 zone of the property from A (Agricultural) to I-3 (Heavy
12 Industrial) would create undesirable, offensive, and
13 harmful consequences, inconsistent with the town's
14 long-range planning and inconsistent with the best growth
15 and development along the U.S. Highway 34 corridor, end
16 quote.
17 As a Weld County and Johnstown resident, I
18 ask you listen to the concerns and the will of the people
19 of this county with respect and validation, while
20 protecting our Colorado way of life here in Weld County.
21 It would be a huge disappointment and egregious error to
22 disregard the voice of the people again.
23 I respectfully ask you deny this application
24 for rezoning from A to I-3.
25 CHAIR FREEMAN: Okay. Thank you.
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1 COMMISSIONER JAMES: I have some questions,
2 if I could, Mr. Chair.
3 You -- Ms. Boccella, you say you have
4 reviewed our Code. Can you tell me where in code you
5 disagree with this application?
6 MS. BOCCELLA: Well, first of all, I've had
7 heard that -- from the applicant -- two things. They keep
8 going back to the 2015 approval. But, again, if you listen
9 to the people prior, and the towns, it shouldn't even have
10 been approved, if you really (audio glitch).
11 But now we are in this. And so now they are
12 using that approval and their existing operation to
13 categorize this reclassification.
14 The second thing is the compatibility.
15 Compatibility. That keeps coming up. And I have to say
16 that I disagree that it is compatible with the residents,
17 the businesses that are that are feeling very
18 disregarded. I mean, I actually visited where they live.
19 I visited the event center. I can see where they have
20 concerns.
21 You know, I mean, if I was a bride and I
22 booked this event and I'm taking my vows and all of a
23 sudden I hear a train, you know, or some awful sound that's
24 screeching for, you know, three minutes or what have you,
25 or just having the view of the mountains. They say that it
110
1 doesn't obstruct the view, but it does obstruct the view.
2 There's a huge tower in the middle of that view.
3 I can tell you, we are both residents of
4 Pioneer Ridge. The people along that ridge that bought
5 their property, they had to pay extra for that view. It's
6 important to property owners. And I think that we need to
7 respect that.
8 I mean, that is one of the things that you
9 pride yourselves on, is local property rights. And I think
10 that you need to look at that across the board.
11 CHAIR FREEMAN: Thank you.
12 Okay. Was there --
13 COMMISSIONER ROSS: Question for -- who did
14 you say you represent? Oh, I thought you said there was
15 two. I apologize. Okay.
16 CHAIR FREEMAN: Okay. Was there anybody
17 else that needed to speak that couldn't be here this
18 afternoon? Okay. Seeing nobody else, we will go ahead and
19 recess. We will recess until 1:15.
20 (Recess taken.)
21 CHAIR FREEMAN: Okay. We'll go ahead and
22 reconvene as the Board of County Commissioners. Let the
23 record reflect that four out of five commissioners are
24 present, with Commissioner Kirkmeyer excused.
25 If anybody has come in that wasn't here this
111
1 morning and hasn't had the opportunity to sign the check -in
2 list, I think they've got it over here. If you're planning
3 on speaking -- you don't have to sign -in unless you're
4 planning on speaking and you're not either on the list that
5 Mr. Kisker gave me or you didn't sign the one this morning,
6 then please sign the list before you speak.
7 So with that, we'll go ahead and -- and
8 start with the -- resume public input and go ahead and
9 bring up the neighborhood group, and -- that's going to
10 come up and speak. And you guys have got an hour. So go
11 ahead.
12 MR. LACIS: Thank you, Commissioners, for
13 the opportunity to speak today. My name is Mark Lacis, and
14 I'm an attorney with law firm of Ireland Stapleton Pryor &
15 Pascoe. I represent Indianhead West HOA, as well as
16 several residents who live there, including David Kisker,
17 Gary Oplinger, Wolfgang Dirks, Jim Piraino.
18 We also represent residents and businesses
19 that are located adjacent to the property, which is the
20 subject of the application, including Chris Friede's
21 Rockin' S Ranch, and John Cummings.
22 We thank staff and the board for allowing us
23 the opportunity to present our presentation collectively in
24 a combined manner. We hope that you'll find our
25 presentation helpful as you consider this rezoning hearing.
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1 We have coordinated our presentation such
2 that you'll hear public comment on distinct issues of
3 compatibility; the adverse impacts of the rezoning requests
4 on small businesses; negative impacts on real estate
5 values; issues related to noise, dust and adverse health
6 impacts; and then finally, evidence related to the actual
7 land uses in the surrounding area.
8 As a preliminary matter, in addition to my
9 day job as a lawyer, I am also, like yourselves, an elected
10 official in the Town of Superior. And we actually recently
11 just heard a rezoning application just this past month.
12 Rezoning applications, they are serious
13 business. And I appreciate the Board's attention to this
14 matter. Any time the board sits in a quasi-judicial
15 capacity in consideration of rezoning requests, it's
16 serious. And I'm confident that the Board will recognize
17 the serious and permanent nature of this rezoning request
18 and the downstream consequences that would flow from it if
19 it is allowed.
20 Second, as elected officials, you all on
21 this board have sworn an oath to protect and uphold the
22 constitution. As public officials, when someone in
23 government does something that is unconstitutional, whether
24 it be impeding the lawful right to bear arms that is
25 protected by the Second Amendment or a right to free speech
113
1 protected by the First, or any other right enshrined in
2 that document, we have a duty to protect and uphold those
3 constitutional rights.
4 Well, it just so happens that this rezoning
5 request right here is an unconstitutional request for spot
6 zoning. And spot zoning has been struck down by the
7 Colorado Supreme Court as unconstitutional. That fact
8 alone should end things right here, right now. It is
9 illegal and unconstitutional to relieve a property from
10 zoning restrictions for reasons other than furthering a
11 comprehensive zoning plan. That's exactly what Rock and
12 Rail is asking this Board to do today.
13 But before we get into the deficiencies of
14 this application, it is important to understand how we
15 first got here. And there's already been some testimony
16 this morning about the history of the site. But as the
17 Board may remember, the property at issue was originally
18 the subject of an application for a Use by Special Review
19 filed by Martin Marietta in 2015.
20 That application sought to convert the
21 property, which was and remains zoned for agriculture, to a
22 significantly more intense use, which would allow Martin
23 Marietta to construct and operate a concrete and asphalt
24 plant, as well a rail loop and a transloading facility to
25 allow for aggregate deliveries by rail.
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1 In August 2015, this Board approved that
2 USR, and my clients appealed. While that appeal was
3 pending, Martin Marietta wrote to the Weld County attorney
4 in December of 2015 about its desire to commence
5 construction while the case was on appeal.
6 In that letter, Martin Marietta expressly
7 stated that it was assuming the risk of proceeding with
8 construction while the matter was on appeal and
9 acknowledged that if the appeal reversed the approval of
10 the USR, that it could have to tear down the concrete plant
11 that it was constructing.
12 Well, in November 2017, that very thing
13 happened. The Colorado Court of Appeals ruled in favor of
14 the neighbors and held that Martin Marietta's USR and the
15 construction -- the concrete construction facility that
16 was -- that was built should never have been approved. The
17 construction -- the concrete facility should never have
18 been constructed. The rail loop, the rail spur, the
19 transloading facility should never have been constructed.
20 While the neighbors also raised a number of
21 arguments on appeal related to compatibility and other
22 criteria that were not met by Martin Marietta, the court
23 found that because Martin Marietta could not show that it
24 would meet the residential noise standard at the
25 neighboring property lines, the project could not be
115
1 compatible with the existing surrounding land uses.
2 But because the court ruled in favor on the
3 issue of noise, the court expressly stated that it did not
4 need to reach the additional arguments that were raised by
5 the neighboring landowners; that the issue of noise was
6 enough. And the court ruled in the neighbors' favor.
7 Martin Marietta did not appeal to the
8 Colorado Supreme Court, and the Court of Appeals' decision
9 became final. But instead of accepting that ruling from
10 the court, Martin Marietta transferred ownership of its
11 facility -- of its multi -million dollar concrete plant so
12 its wholly -owned subsidiary, Rock and Rail, for $10.
13 Rock and Rail then proceeded to sue my
14 clients, the neighborhood defendants, in federal court,
15 arguing, as a railroad now, state and county governments
16 like Weld County were powerless to regulate the now illegal
17 concrete batch plant because they were preempted by federal
18 railroad law.
19 That issue is set for trial one month from
20 today. And because of that trial, we believe it is prudent
21 for the County Commissioners to continue resolution of this
22 rezoning application until after Judge Jackson rules in the
23 federal case as to the extent to which Rock and Rail's
24 federal preemption arguments have any merit whatsoever.
25 Because until that case is resolved, all of the assertions
116
1 about ICCTA preemption, they're just assertions. Nothing
2 has been resolved.
3 Whether the rail loop and the transloading
4 facility will remain in place remain open questions. Until
5 Judge Jackson has ruled in the federal suit, it is not
6 correct to say that the transloading facility will
7 definitely remain in place. Because if ICCTA preemption
8 does not apply, this agricultural site can and should be
9 returned to agricultural use.
10 So notwithstanding the fact that Martin
11 Marietta lost at the Court of Appeals and that now Rock and
12 Rail is arguing to the federal court that this board and
13 Weld County as a whole has absolutely no power or authority
14 to regulate it, Rock and Rail is nevertheless asking this
15 board to rezone property to the heaviest industrial use
16 possible under the Code, even though in the federal court
17 case they're arguing at the same time that they can
18 continue their operations even without a change in zone.
19 That's brazen. It's arrogant. And put
20 simply, it's a waste of this Board's time to even consider
21 it.
22 And this board should not allow Martin
23 Marietta, through Rock and Rail, to hoodwink it and force a
24 change in zone that will have ripple effects downstream
25 that will detrimentally affect the surrounding area
117
1 forever.
2 Now, the law is clear. In order to protect
3 neighboring landowners and to ensure stability and
4 predictability of a holistic scheme of land use planning, a
5 spot -zoning claim will look to whether the change in
6 question was made for the purpose of furthering a
7 comprehensive zoning plan or was designed merely to relieve
8 a particular property from the restrictions of zoning
9 regulations.
10 And Colorado law prohibits that, prohibits
11 spot -zoning when it creates a small island of property with
12 restrictions on its use different from those of the
13 surrounding properties.
14 And importantly, courts will look to the
15 neighbors and their rights to rely on the existing zoning
16 regulations when there has been no material change to the
17 character of the neighborhood which would otherwise justify
18 a change in zoning requests.
19 The mere economic gain for the applicant is
20 not enough. There must be a material change in the
21 surrounding area. But here today, Rock and Rail has not
22 made any showing whatsoever of any change in the
23 surrounding property that has significantly changed since
24 this property was first zoned for agriculture.
25 The only thing that has changed is that the
118
1 Colorado Court of Appeals ruled against them, and they
2 proceeded at their own risk to build a facility while the
3 legality of that facility was challenged. So Rock and Rail
4 is pursuing this rezoning solely for their own economic
5 benefit. But if the rezoning is allowed, it will result in
6 an island of industrial properties surrounded by
7 residential and agricultural uses. That's spot -zoning.
8 It's illegal. It's unconstitutional. Should end the
9 inquiry right there.
10 But separate and apart from the fact that
11 this is an unconstitutional request for spot -zoning, the
12 rezoning application should also be denied because it is
13 not compatible with the surrounding land uses.
14 It's important to note that zoning applies
15 to the use, not to the user. We heard discussion this
16 morning about, "Oh, Rock and Rail is going to be in it for
17 the long haul; Martin Marietta is this great steward of the
18 community." But this isn't just about Martin Marietta and
19 Rock and Rail.
20 The applicant is not simply asking the board
21 to bless the concrete batch plant, which currently sits on
22 the property without legal authority. They are asking to
23 change the zone from Agriculture to I-3 Industrial. But
24 because it applies to the use and not the user, allowing an
25 I-3 use on this property would allow a whole host of heavy
119
1 industrial uses that by any reasonable interpretation of
2 the Code should be viewed as objectively incompatible for
3 the agricultural and residential uses that surround the
4 area.
5 For example, lumber yards, airports,
6 heliports, meat processing facilities, all of these are
7 Uses by Right in an I-3 zone. Could you imagine living in
8 a residential subdivision for 40 years only to find that
9 the Board of County Commissioners changes the zone to I-3
10 to allow for such incompatible uses right next door?
11 We're not just talking about fixing the
12 zoning due to the existing status of the site. We're
13 talking about changing the allowed zoning forever.
14 And it is important to note that -- and this
15 was touched on earlier this morning. County staff in any
16 future administrative review will have very little
17 oversight and discretion on future site reviews.
18 Today, right here, right now, this is the
19 one and only opportunity for the County to get it right,
20 for the county commissioners to not only provide oversight,
21 but to actually exercise discretion as to what is
22 appropriate for this area. Because once it's done, there
23 will be no going back.
24 It's also important to note the domino
25 effect that could be caused by granting this rezoning
120
1 request. Think about all the other properties in the area
2 who will argue that they are compatible as I -3s because
3 this property is an I-3. The surrounding area will begin
4 to convert from an agricultural and residential one to a
5 heavy industrial area.
6 So we ask this Board to please consider the
7 ripple effects that could result if this application is
8 granted.
9 And last issue on the issue of
10 compatibility. Rock and Rail asserts in their response to
11 the referral comments -- and they provided argument this
12 morning -- that the County Code provides limitations on
13 industrial uses to ensure that they will not negatively
14 impact the surrounding properties. But that is the same
15 county code that Rock and Rail is arguing in the federal
16 case, which is set for trial a month from today, that is
17 wholly preempted by federal law; that they don't need to
18 comply with.
19 Rock and Rail cannot and should not have it
20 both ways. They should level with the Board. It's either
21 bound by the Code or it's not. But it shouldn't be able to
22 assert here and now that the code will protect the
23 neighbors when, in federal court, it is arguing that the
24 code cannot stop it from doing what it wishes at the site.
25 Finally, the Comprehensive Plan. This
121
1 rezoning is not consistent with the Comprehensive Plan.
2 The Comprehensive Plan emphasizes the importance of
3 protecting agriculture. It stresses the importance in
4 maintaining large, contiguous parcels of productive
5 agricultural lands and respecting and encouraging the
6 continuation of agricultural land uses. And also makes
7 clear that surrounding property owners have a right to
8 farm.
9 But the application here does not consider
10 the potential impacts that this rezoning would have on
11 surrounding agricultural uses and runs contrary to those
12 policies. The comprehensive plan also emphasizes caution
13 before allowing industrial uses.
14 Here the staff report specifically
15 acknowledges that the rezoning is incompatible of the
16 existing residential subdivision to the northeast, the
17 Indianhead Estates.
18 And it is worth noting that the I-3 zone is
19 not subject to residential noise standards. So the County
20 has previously found, and the Court of Appeals held in the
21 appeal, that industrial uses at the property could only be
22 compatible if those industrial uses did not exceed the
23 residential noise -- noise limits at all areas of the site.
24 So it's important, again, because -- because
25 zoning applies to uses and not to users, any future users
122
1 at this site if this rezoning is allowed, they would only
2 be subject to the industrial noise standard. They would
3 not be subject to the residential standard, which this
4 board has previously found to be incompatible back in 2015
5 when it granted the USR, only with the expressed condition
6 that they meet the residential noise limitation.
7 Now, Rock and Rail's taking the position
8 that this is not spot -zoning because the Comprehensive Plan
9 should encourage industrial uses along railroads. But
10 that's a misreading of the Comprehensive Plan. The
11 Comprehensive Plan does not say that all land adjacent to
12 railroads should be industrial.
13 What the Comprehensive Plan does provide is
14 that it encourages new industrial development within
15 existing industrial areas. This is not an existing
16 industrial area.
17 But, again, all the talk about the
18 Comprehensive Plan and the protections, it's -- it is
19 important to note that Rock and Rail's taken the position
20 that its operations will not be bound by the County Code.
21 So all the policies, goals, strategies, protections
22 outlined in the Comprehensive Plan and in the Code, they
23 will not protect the surrounding community from the adverse
24 impacts caused by the industrial operation if Martin -- if
25 Rock and Rail is allowed to operate without any oversight
123
1 from the county, which is exactly what it's asking the
2 federal court to allow it to do.
3 Now, there are a couple of points made by
4 Mr. Connolly that I would just like to briefly rebut.
5 If this rezoning is approved, we know that
6 the asphalt plant is coming. It's not there today. The
7 concrete plant was built. The asphalt plant is coming.
8 That will make the impact on the surrounding area that much
9 more intense: More trucks, more noise, more dust, more
10 odors.
11 They are not transporting asphalt by train.
12 It's just the aggregate for concrete -- for concrete. So
13 that further undercuts the compatibility argument.
14 Further, the noise map that they pointed to
15 confirms that industrial uses are incompatible with the
16 surrounding area. That was confirmed by the Court of
17 Appeals and the Board of County Commissioners back in 2015,
18 which concluded that it's only compatible if they can meet
19 the residential noise requirements. But the map shows that
20 the mitigation measures that were adopted, those are
21 temporary measures, and does not account for the asphalt
22 plant operations and also doesn't account for any noise
23 generated by rail.
24 So their calculations of noise is looking at
25 concrete as if concrete just -- concrete operations exist
124
1 in a vacuum. It's not reliable. It shouldn't be relied
2 on.
3 Then there was -- there was blame pointed at
4 my clients for not seeking an injunction. But, again,
5 Martin Marietta sent a letter to the County assuming the
6 risk of proceeding with construction while the -- the case
7 was originally on appeal and then sued us in federal court.
8 So, frankly, it think it's offensive to blame the
9 neighboring residents, who were there first, that they had
10 anything to do with this.
11 And then finally, the land use, the
12 purported land use map that was pointed to by Mr. Connolly
13 and also Mr. Haren. That was represented by Mr. Haren as
14 coming from the county files. But that was not the county
15 zoning map. That was a map that was created by Martin
16 Marietta back in 2015 when they were applying for a USR.
17 It doesn't actually represent the existing
18 land uses in the area. It was a map that they -- it was
19 advocacy. It was argument.
20 Commissioner James, you asked a question
21 about future potential uses in the surrounding area; that
22 they shouldn't be relied on for purposes of considering a
23 rezoning request. Well, that's exactly what that map
24 shows, was future potential land uses in the area. It
25 didn't actually show existing uses, which is the criteria
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1 that the court, which -- that the board should be relying
2 on.
3 And lastly, Rock and Rail is only asking for
4 this rezoning -- let's be absolutely clear. They are
5 hedging their bets. If the federal court finds that
6 preemption does not apply and that their concrete and
7 asphalt operations are not subject to federal preemption,
8 they need authority, which they currently do not have,
9 because the USR has been invalidated.
10 But their voluntary acceptance of the
11 development standards, there are no teeth that the County
12 has to enforce any of those development standards. Because
13 the second that Martin Marietta and Rock and Rail leave
14 these chambers, they're going to argue to the federal court
15 that they can do whatever they want because they're
16 preempted by federal law. So I urge the Board not to be
17 tricked by the representations about their voluntary
18 acceptance and compliance with the development standards.
19 So in sum, the facility that was constructed
20 here, Martin Marietta commenced construction of the
21 Highway 34 facility at a time when it held the USR from the
22 county. And Martin Marietta expressly assumed the risk
23 that the neighborhood defendants' ongoing appeal could
24 result in the reversal of that USR and require Martin
25 Marietta to remove the concrete plant.
126
1 But rather than accept that outcome, they
2 transferred the facility to their wholly -owned subsidiary
3 for $10, which now has operated this heavy industrial
4 facility for two years without any county approval, without
5 any legal basis to do so because the USR has been
6 invalidated to the immediate detriment of the neighborhood
7 defendants who have continued to live and work in the
8 shadow of the Highway 34 facility, who have had to deal
9 with the noise and the dust and the emissions.
10 At the same time, Rock and Rail is suing us
11 in federal court and steadfastly maintaining that the
12 County has absolutely no authority to regulate it or
13 otherwise mitigate its operations at the facility.
14 So against that backdrop, here we are. Rock
15 and Rail is asking the county to take the extraordinary
16 step of rezoning agricultural property to the heaviest
17 industrial use property.
18 But this county is under no obligation to
19 help Rock and Rail fix Martin Marietta's mistakes or the
20 assumption of risk that it took when it constructed the
21 Highway 34 facility while the appeal of the USR was
22 ongoing.
23 So we ask that the county enforce the County
24 Code as written and deny the rezoning application.
25 And before I conclude, I just want to
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1 introduce -- we have several neighbors who are going to be
2 testifying today. We have Dave Kisker, who's going to be
3 testifying on compatibility; Chris Friede, who will be
4 testifying about the impact on small business; Ellen Kisker
5 will talk about real estate values; Gary Oplinger will
6 testify about noise; Dr. Trina Bogart will testify about
7 dust and its health impacts; and then Mr. Kisker again will
8 talk about the actual land uses in the surrounding area.
9 Thank you for the opportunity to speak
10 today. I will remain on hand for the balance of the
11 hearing. And should the Board have any questions, we're
12 happy to answer them.
13 COMMISSIONER MORENO: Mr. Chair, I do
14 have -- Mr. -- is it Mr. Lasky?
15 MR. LACIS: Lacis.
16 COMMISSIONER MORENO: Lacis, I'm sorry.
17 You -- in your comments -- and it's been
18 weighing on my mind too, because I think we received the
19 email about the litigation, and we -- because it's
20 quasi-judicial, we can't have a discussion of that. We
21 have counsel here now, and I want to look over to counsel
22 on this, hear his comments about this continuance of this
23 litigation going on right now and asking for a continuance
24 on this here.
25 MR. CHOATE: So I mean, I have spoken with
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1 County Attorney, Bruce Parker, about this, and we don't
2 believe that the litigation that is happening in the
3 federal court is required to be completed prior to your
4 consideration of this, so --
5 COMMISSIONER MORENO: Okay. I just want to
6 make sure, so we --
7 COMMISSIONER JAMES: And for the record,
8 quite honestly, it's irrelevant to a zoning change. I
9 mean, whether anything is out there or it isn't out, that's
10 not what the conversation is about today.
11 The litigation is over the Martin Marietta,
12 Rock and Rail site. The conversation today in this case is
13 about whether a Change of Zone is compatible with the
14 Comprehensive Plan for that area. So that's the reason why
15 it's apples and oranges, as far as relevancy, as far as the
16 lawsuit is concerned.
17 MR. LACIS: Well, I would respectfully
18 disagree with that, because apparently because the USR has
19 been invalidated, there's no legal basis to operate a
20 concrete and asphalt plant on the property that is zoned
21 for agricultural. They don't have any permission from Weld
22 County, any lawful permission to do so.
23 Right now, they're taking the position that
24 not only is the rail line and the transloading facility
25 preempted by federal law, but also the concrete operations
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1 are preempted by federal law.
2 If the court finds that the concrete
3 operations are not preempted by federal law and do not
4 constitute railroad activity, then we are in this limbo
5 land, right? Where now you have a federal judge saying,
6 "Well, the concrete applications certainly aren't
7 preempted."
8 So then it would go back to the County to
9 discuss, well, what's the legal basis to operate a concrete
10 manufacturing facility on this property that's zoned for
11 agricultural.
12 If the rezoning occurs prior to that
13 decision, then arguably there would be a legal basis to
14 operate. If it does not, then all of a sudden, we have a
15 federal judge who says it's not preempted, it's coming back
16 to the County, and the County can assess whether or not
17 it's appropriate to change the zone at that point in time.
18 CHAIR FREEMAN: I don't disagree to part of
19 that. What I disagree with is it's not about
20 what's -- what's there or what's going to be there in the
21 future or what -- what the conversation today is about is
22 whether -- is whether this site makes sense for a zone
23 change to -- away from agricultural to industrial, based on
24 where the site is located and the impacts that are around
25 that site.
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1 MR. LACIS: Yeah. I understand that. And I
2 respectfully submit that the federal case will provide
3 additional information that will be helpful for the Board
4 of County Commissioners here to resolve this rezoning
5 application.
6 CHAIR FREEMAN: Thank you.
7 MR. CHOATE: Mr. Chair, if I could just add.
8 There's no requirement in our Code that a property be in
9 compliance with the zoning code before applying for a
10 zone -- Change of Zone. And so it really doesn't matter
11 what the federal court says.
12 CHAIR FREEMAN: I agree.
13 COMMISSIONER JAMES: Okay. Thank you,
14 Mr. Chair. Just a quick question for the record, for my
15 edification. Kindly define spot -zoning for me.
16 MR. LACIS: So spot -zoning is essentially
17 when you take one parcel and remove it from a comprehensive
18 zoning scheme and -- for whatever reason, but usually it's
19 an economic one -- so the case in Colorado is Clark v.
20 Boulder where somebody tried to rezone a residential
21 property to be commercial so they could operate a gas
22 station because it would be more profitable for them to do
23 so.
24 And because that decision was essentially
25 not taking into consideration the comprehensive zoning
131
1 scheme, and it was just a narrow decision to remove one
2 parcel of land from the restrictions that are applicable to
3 all the surrounding areas, that was found to be unlawful.
4 COMMISSIONER JAMES: In Weld County, kindly
5 define for me what you think are comprehensive zoning
6 schemes.
7 MR. LACIS: Well, I mean, you need to look
8 at the surrounding area. You need to look at the zoning
9 map. And if you look at the surrounding area, you've got
10 agricultural uses and residential uses. There's some mixed
11 commercial, but there is no heavy industrial use in the
12 surrounding area.
13 COMMISSIONER JAMES: Where we don't have a
14 comprehensive land use map. We have a Comprehensive Plan,
15 but not a land use map.
16 MR. LACIS: Right. So -- so the zoning
17 scheme is still -- it's been enacted by the County
18 Commissioners, and the -- that was a comprehensive zoning
19 process. It is a legislative process. It is a process
20 where you are considering changes on the ground as to, you
21 know, what makes sense for the entire area.
22 It is illegal and unlawful to basically take
23 one parcel and say, "You know what, this is going to be a
24 special parcel. We're going to treat this one specially,"
25 and not look at it comprehensively to see how it fits in
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1 with a scheme of zoning.
2 COMMISSIONER JAMES: In your -- in your
3 assessment, that said "scheme," what is a larger indicator
4 of compatibility? Existing use or existing zoning?
5 MR. LACIS: The existing surrounding uses.
6 COMMISSIONER JAMES: So the existing uses
7 would speak to compatibility.
8 MR. LACIS: Yes.
9 COMMISSIONER JAMES: Thank you.
10 CHAIR FREEMAN: So I would just like to add
11 one more quickly to that, and that is so -- in Weld County,
12 98 percent of -- of the area of incorporated Weld County is
13 zoned ag. So based on your conversation, there would be no
14 way to change anything from Agricultural to Residential or
15 to Commercial or to Industrial because everything around it
16 is ag. And so no matter where you went, you would be in a
17 position of that's not what's right beside it.
18 MR. LACIS: Well, that's not exactly what
19 I'm saying. You need to consider what's actually, you
20 know, allowed within each zoning -- zoning area. So
21 residential uses would be allowed by right in an
22 Agricultural zone.
23 Over time, residential subdivisions can
24 emerge next to agricultural uses. The whole point of it is
25 that this can't be done in piecemeal fashion. It needs to
133
1 be looked at in a comprehensive manner so you can figure
2 out what is actually best for Weld County, not what -- not
3 what's best for a single property in a specific
4 application.
5 CHAIR FREEMAN: Thank you.
6 MR. LACIS: Thank you.
7 COMMISSIONER MORENO: Thank you.
8 MR. KISKER: Dave Kisker, 6681 Apache Road.
9 After being here this morning, I feel like
10 I've fallen through the looking glass. I have heard some
11 amazing claims. I'm going to take only a very brief time
12 to comment on a couple of them because we're going to be
13 running short on time.
14 One of them is the idea that CLR-34 is some
15 kind of a special interest group. You guys have heard me
16 talk about CLR-34. It was formed back in 2015, to provide
17 information and support for citizens in the area. It isn't
18 just the six plaintiffs in a lawsuit. We've had over 114
19 individual contributors financially. We represent hundreds
20 of people. This is not some kind of little crackpot NIMBY
21 group or something like that like Mr. Connolly has
22 suggested more than once.
23 The other comment I want to make is on the
24 noise map, which Mark already alluded to. You may not have
25 had time to study that noise report, but we did.
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1 That noise map was collected after they'd
2 done mitigation to reduce noise. It says it down it at the
3 bottom: Scenario Number 2, After mitigation. It's in
4 little tiny letters. You may not have seen it, but that's
5 what it is.
6 And I don't disagree with their estimate of
7 45. I just checked it on my phone right now. Our noise
8 over there is about 45 decibels. But the mitigation they
9 did is temporary. They say it in their report.
10 So what does that mean? It means that their
11 claim that our noise data is invalid is completely bogus
12 because they have no comparable data. They do mitigation
13 and say, "Well, your numbers are bigger, so they must not
14 be right." I'm sorry. It doesn't -- that dog don't hunt.
15 So now I want to move on quickly. I'm going
16 to go through my slides very quickly because we have a lot
17 of material to cover. I hope that you all manage to look
18 at at least some of the reports we submitted.
19 The compatibility is everything. And the
20 key big point is it needs to be compatible with all allowed
21 uses. Not this use, not some use. All uses.
22 We were gratified at the Planning Commission
23 when Mr. Connolly provided a definition for compatibility.
24 And he talked about the fact that it doesn't mean "the same
25 as." We agree with that. In fact, we said it before he
135
1 did.
2 However, it does mean that you have to be in
3 harmony and maintain the character. What Mr. Connolly
4 didn't tell us about is what a conflicting land use is. A
5 conflicting land use, by the same Planner's Dictionary,
6 says that if you transfer over the property line negative
7 economic or environmental ill effects, that's a conflicting
8 use.
9 What you're going to see today is direct
10 evidence of multiple conflicting uses. We're going to see
11 economic conflicting uses. We're going to see
12 environmental conflicting uses. And we're going to see
13 health -based conflicting uses.
14 There have been other examples of
15 conflicting uses in Weld County with which several of you
16 are familiar. One was recently an attempt by Anadarko to
17 put a compressor station south of Johnstown. It was ruled
18 to be incompatible, even though its impact was much smaller
19 than this operation.
20 There was also the Hartland biogas case back
21 in 2017, I believe. You were able to finally shut it down
22 because of a single odor violation based on a Development
23 Standard. If that had been zoned industrial instead, first
24 of all, the 7 to 1 ratio wouldn't have applied; it would
25 have been 15 to 1. And, secondly, shutting it down would
136
1 have been presumably a state issue because there are no
2 development standards to deal with mitigation. Development
3 Standards saved you when that case came up.
4 And finally -- whoops. Sorry. A case of
5 the DCP Midstream, which we know -- we all sat in a work
6 session earlier this year, where we faced the fact that
7 because there's numerous equipment malfunctions, they're
8 given safe harbor from corrective actions and violations.
9 The same is true here. They talked about
10 the emission -- or the dust emission. That was discovered
11 because James Tolumas [phonetic] was driving down
12 Highway 34, and then he saw it and went to the plant.
13 That's why it was shut off. They didn't even know it was
14 happening.
15 So the fact of the matter is -- and then it
16 was claimed to be an equipment malfunction so of course
17 there was no violation because CDPHE says, "If you
18 self -report an equipment malfunction, then there's safe
19 harbor."
20 Why are these things happening on an
21 environmental scale? It's because of the size. Martin
22 Marietta is 131 acres. In previous hearings, we've learned
23 that a good metric for scale is the number of Home Depots
24 it will fit. This was used in a case about solar energy.
25 In this case, about 13 Home Depots will fit.
137
1 We can get six Walmart Super Centers. We can get almost
2 two Amazon fulfillment centers. And we could even get
3 almost one and a quarter of Walmart distribution centers
4 over there on Crossroads.
5 This is an enormous operation. This isn't
6 some little light industrial thing that you put in to the
7 middle of a neighborhood.
8 Noise disparity. I don't need to say more.
9 Odor. As I said, if it's allowed to have an
10 asphalt plant, and there's no development standards,
11 Colorado Revised Statutes says that an industrial area, the
12 pollution has to be 15 to 1 before it's a violation. In
13 residential or commercial, it's only 7 to 1. That means a
14 much lower odor threshold. But in an industrial, it's 15
15 to 1.
16 Dust. The picture tells a story, and you're
17 going to see a lot more of those.
18 And I'm now going to introduce Chris Friede
19 to talk about her small business, Rockin' S Ranch.
20 UNIDENTIFIED SPEAKER: We're in trouble.
21 MS. FRIEDE: Hello, Commissioners. My name
22 is Chris Friede. I'm at 6943 County Road 56 in Johnstown,
23 Colorado. And I am the owner of the Rockin' S Ranch Event
24 Center at that location. No, no. Try to do -- in less
25 than five minutes or so, try to tell you everything you
138
1 need to know to save my business.
2 So I have the Rockin' S Ranch, which I came
3 before several of you that are here today in June
4 of -- June 17th of 2015 in which you approved my USR for my
5 Rockin' S Ranch Event Center. At that time, Commissioner
6 Moreno, Commissioner Freeman were here. And you were very
7 excited and very supportive of what I was doing with this
8 event center.
9 So since then -- let's see here. Just to
10 reiterate, when I got my USR, I was very diligent in
11 putting together something that would support
12 agri -- agribusiness, agritourism. I wanted to preserve
13 the history of agriculture, preserve agricultural lands.
14 I have 35 acres. Five acres of that
15 property is my event center. The rest of it is farmland.
16 I farm. I grow hay, alfalfa. You know, so it's still
17 agriculture. A very small portion of that is used for my
18 event center.
19 This is the map to show you right where I
20 am. I border the entire facility. What is interesting to
21 me, my land -- I believe I should know what my land is
22 zoned as. It's zoned Agricultural. It's not zoned
23 Commercial as the map that you saw earlier today. It was a
24 big red commercial. No. That is inaccurate. And I would
25 hope that Martin Marietta could get the land right next to
139
1 them correct in terms of what the zoning is.
2 My land is Agricultural with a Use by
3 Special Review for an event center.
4 So just a minute about what I put into this.
5 And it's a small business; it's my business. It's taken a
6 lot of blood, sweat, and tears and financial investment to
7 get this going.
8 I bought my property in 2011. It was a very
9 rundown dairy at the time. And it hadn't been in operation
10 for about 20 years. So I worked very closely with
11 architects, with structural engineers, with different
12 people to try to look at what we could do with this
13 property. I developed a business plan, working with the
14 Small Business Development Center. I really tried to take
15 advantage of all the things that were available through the
16 County to support this.
17 I've made a significant personal financial
18 investment in this property. I've dedicated a lot of time,
19 and I've really tried to commit to preserve the property.
20 I'll just show you a couple of quick
21 pictures so you can see. This is the dairy in '58. Here
22 is it today. This is what it looked like when I bought it.
23 This is what it looks like today.
24 This kind of landscaping doesn't come for
25 free. And exemplary landscaping, as was mentioned earlier,
140
1 my definition of that isn't what I see on that berm today.
2 So this is an example of the property. On
3 the left, you'll see what it was. On the right, you'll see
4 what it is. Left. Right.
5 So what -- my mission, when I got my USR,
6 provide a rural setting, spectacular views, convenient
7 location, and an historic dairy barn.
8 If this is approved -- and I've already
9 lived this for five years, so believe me, I know. I've
10 been living it. I've been sweating it out every wedding,
11 just praying that they aren't unloading a train right in
12 the middle of the 30 -minute ceremony that this couple spent
13 $30,000 to spend their day in -- in ten minutes, if a train
14 unloads in the middle of that, I'm done.
15 So if now what was ruled, it's industrial.
16 You have views of an unmaintained berm. There's been no
17 landscaping. The trees, we asked to have them put on the
18 berm. They can't do that. They've put cottonwood trees
19 down below the berm, which will never grow up above the
20 berm. Difficult to access. So the only thing that I
21 really have left is my dairy barn that's renovated, if this
22 gets approved.
23 Dust. Here's an example of the dust that
24 you see from my property across the venue.
25 Views. I do agree they did a great job with
141
1 the concrete plant, the way they designed that. But then
2 they plopped this train station directly across from my
3 venue. And you can see, this is where the ceremonies are.
4 They get this lovely view of this ugly train unloading
5 station. I have said, "Could you do -- put some kind of a
6 facade on that or something that makes it look more with
7 the area." But -- but it doesn't.
8 So the business impact of this. It isn't
9 going to make -- it's not a viable business -- I mean, for
10 me, it's not going to make for an acceptable experience for
11 my brides and my couples that are looking to book a wedding
12 here.
13 And I want to take a minute and talk about
14 the overall economic impact, because we've heard a lot
15 about how important is it the construction industry is.
16 But I also want to let you know that the wedding industry,
17 it's a big business. It generates significant revenue.
18 It's a $1.5 billion industry in Colorado. 5,000 weddings
19 in Weld County in 2019. Couples spend -- revenue generated
20 per wedding is 30 to $40,000 per wedding. So that
21 is -- that is a lot of money coming in.
22 And the other thing I would like to point
23 out is it supports a lot of small businesses. DJs,
24 caterers, florists, all these people that are associated
25 with this wedding ecosystem, if you will, are all being
142
1 supported through this kind of a business and this kind of
2 an effort.
3 So it's not just me. It's our whole small
4 business. And what's going to really help fuel and
5 stimulate our local economy is small business. So there's
6 an important part to that too.
7 The other last parting comment that I want
8 to make is that not only does it do all this, on
9 average -- and this is of course according to the Wedding
10 Report, which is a research report since 2005. They -- on
11 average, 20 percent of the people that are coming to these
12 events would come from outside the area. They travel in.
13 So they visit Greeley. They visit Northern Colorado. We
14 are bringing people in by the hundreds of thousands to this
15 area to see what we have to offer and to stimulate the
16 local economy.
17 So with that, I respectfully ask you
18 to well, the mitigation, I'll just take two seconds.
19 There hasn't been anything done -- virtually
20 hardly anything to help with this. I go out to my
21 neighbors. I try to work with them. I respect all the
22 Development Standards and everything that I have to do. I
23 don't know why that shouldn't be across other businesses as
24 well. This will put me out of business if it is approved.
25 I recommend you deny them.
143
1 CHAIR FREEMAN: Thank you.
2 MS. FRIEDE: Thanks.
3 MS. KISKER: Hi. My name is Ellen Kisker.
4 I live at 6681 Apache Road. And I'm going talk today about
5 property values.
6 As Mr. Connolly said this morning, if the
7 incompatibilities that we have been talking about are real
8 and meaningful, if this facility is indeed a conflicting
9 land use, the market will factor that into property values.
10 But unlike Mr. Connolly, however, I'm going
11 to show that the market is already demonstrating that this
12 facility is incompatible with the residential neighborhood
13 right next door.
14 We submitted a report with the details of
15 our analysis that support these conclusions. And I'm just
16 going to very quickly highlight some of the aspects of that
17 today.
18 Rock and Rail submitted a report into the
19 record that concluded, quote, that there has not been any
20 deterioration in property values, unquote.
21 But when we read the report, we found a
22 number of problems with it. I'm just going to highlight
23 two things. One is they defined appreciation as the
24 increase in median sales price from 2015 to 2019. But the
25 median sales price just tells you things about the market,
144
1 what kind of houses went on the market, and what they sold
2 for. It doesn't tell you very much about the appreciation
3 or change in value of the individual homes.
4 So just to illustrate that. For example,
5 suppose in 2015 that three little ranch homes were the
6 homes that sold, and the median was the price of the middle
7 one. Then in 2019, it just so happened that three large
8 homes, less expensive homes in the neighborhood sold.
9 Well, you would see, just by comparing the median price in
10 '15 to '19, that they increased probably. And that could
11 have happened even if the value of those homes had
12 decreased in that period.
13 And another important limitation of what
14 they offered was that just describing what happened doesn't
15 tell you what would have happened if the Martin Marietta
16 facility had not been built next door. So we conducted
17 some analysis to address those limitations.
18 First of all, instead of basing conclusions
19 on a small number of sales in the neighborhood, we went to
20 the Weld County property portal and extracted data for all
21 the homes on the total actual value estimated by the Weld
22 County Assessor. The Assessor uses models that take into
23 account comparable sales and market conditions to estimate
24 the value of every home in the county.
25 We also searched for a similar neighborhood
145
1 without the Rock and Rail facility whose experience could
2 give us a good indication of what appreciation might have
3 occurred if that facility hadn't been built next to
4 Indianhead.
5 We selected the Mad Russian neighborhood
6 near Milliken because it backs onto a highway, just as our
7 neighborhood does. It's near Great Western railroad
8 tracks, and it's surrounded by open space.
9 Oops. I need to do this. I can walk but I
10 can't chew gum.
11 So anyway. Here's the result of our
12 analysis. The Mad Russian neighborhood turned out to be a
13 good comparison for Indianhead West, which is the portion
14 of Indianhead nearest to the Rock and Rail facility. And I
15 say that because you can see in the period of time prior to
16 construction of the plant, appreciation rates were about
17 the same in both neighborhoods. After the construction of
18 the Rock and Rail facility, however, the average
19 appreciation rate in Mad Russian was higher than the
20 appreciation rate in Indianhead West.
21 And you say, "Well, 4 percentage points,
22 that's not such a big deal." But, in fact, that translates
23 to significant property value. If you calculate that out,
24 the decrease in property values associated with that 4
25 percentage point difference is a loss of about $22,000 per
146
1 home in Indianhead West. And in total, that amounts to a
2 loss in property value already of more than $600,000.
3 And the kicker is that these losses will
4 compound in the future. Future appreciation will take
5 place on -- based on smaller values, and additional losses
6 are likely as the asphalt branch is built. Odor becomes
7 another aspect of incompatibility.
8 So as I said at the outset, losses in
9 property values are already becoming apparent in our
10 neighborhood. They demonstrate that the incompatibilities
11 that we're talking about today are real and meaningful.
12 And really, this really represents a transfer -- a negative
13 transfer of wealth over the property line, proving that
14 this facility is a conflicting land use.
15 So I'll leave it there.
16 CHAIR FREEMAN: Thank you.
17 DR. BOGART: Hello. Myname is Dr. Trina
18 Bogart. I'm an emergency physician. I've been practicing
19 for 25 years. Thank you very much for hearing us today.
20 UNIDENTIFIED SPEAKER: (Inaudible.)
21 DR. BOGART: Okay. Am I up too soon?
22 UNIDENTIFIED SPEAKER: (Inaudible.)
23 DR. BOGART: Sorry.
24 MR. OPLINGER: Good afternoon,
25 Commissioners. Gary Oplinger, 27687 Hopi Trail, Johnstown.
147
1 Before I begin my presentation, I want you
2 to read the noise report and our response to it that was
3 submitted yesterday. This report was reactive, evasive,
4 and meaningless. When you read it fully, it actually
5 supports our contention that the facility can and does
6 violate noise requirements.
7 Let me introduce you to Title 25, Article 12
8 of the Colorado Revised Statutes. The Colorado general
9 assembly has set statewide standards for noise. Sources
10 that create noise in excess of these limits are considered
11 public nuisances. And I'll refer you to counsel to tell
12 you what a public nuisance is precisely.
13 Okay. Here are the what the requirements
14 are in the Colorado required -- Revised Statutes. They are
15 very similar to the Weld County code. There are some
16 differences.
17 The commercial requirements are different.
18 The time periods are different. And there's a designation
19 for light industrial in Colorado Revised Statutes that
20 isn't in the Weld County Code.
21 We're going to be using the term decibel
22 here quite a bit. You've probably heard that before. It's
23 a very complicated mathematical idea. What you have to
24 keep in mind is that a 3 -decibel change is doubling of the
25 noise level. A 10 -decibel change is a ten times increase.
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1 From our 2017 interaction with the Colorado
2 Court of Appeals, the court ruled that you must meet noise
3 requirements in order to be compatible. If you don't meet
4 them, you're not compatible. It's that simple.
5 Let's take a look at the local area around
6 my home and Indianhead West HOA. You'll notice the green
7 arrow there pointing across a boundary is where the Rock
8 and Rail and the Indianhead HOA converge. They're adjacent
9 to each other.
10 The Court of Appeals focused on this area
11 exactly in 2017 when it said the noise had to meet
12 residential noise limits when the noise crossed that
13 boundary. And it said that there was no evidence to
14 support that.
15 Well, if you allow this rezoning, then Rock
16 and Rail is allowed to generate 80 dB, 80 decibels, in this
17 area. And when it travels 25 feet across that barrier, it
18 has to drop to 25 -- excuse me, 55 decibels. That's a
19 25 -decibel drop. That's equivalent to 316 times. That's
20 physically impossible.
21 So it's physically impossible for these two
22 sites -- these two zones to be compatible. Therefore,
23 there's an incompatibility with physical law and with the
24 Colorado require -- Revised Statutes.
25 Let's step back a bit. Let's go up a couple
149
1 of thousand feet in altitude. You'll notice some other
2 places here where these adjacent or boundaries exist. For
3 example, the Rock and Rail facility, which we just heard
4 from, has the blue line on the other side. The boundaries
5 are adjacent. The same requirement applies there.
6 85 -- excuse me, 80 on the west side and 55 on the east
7 side. That's physically impossible.
8 Likewise, the Gerrard facility has a USR
9 with residential noise requirements. It's physically
10 impossible to maintain compatibility given those
11 requirements.
12 We've been measuring noise here for over a
13 year now, and recently we added two additional noise
14 measuring capabilities, a 24/7 station with recording
15 capabilities. It's Station 2. And we recently added one
16 at Station 3 at Rockin' S Ranch. And we're monitoring, and
17 we have digital signal processing capability to isolate
18 signals out and determine the nature of the noise. And we
19 are beginning to implement that and use it.
20 Here's a noise plot that I took a year ago
21 from my home. You'll notice two colors there. The blue is
22 the noise that I recorded. You'll notice the decibel level
23 is well above limit.
24 The brown are a baseline. It's derived from
25 readings taken at night when there was no activity going
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1 on, no noise, no airplanes, no barking dogs or anything
2 else. To give you a comparison as to what the noise level
3 was with what it might be expected to be without the plant.
4 Here's another one taken a little bit later,
5 on September 6th. This time I was able to actually write
6 down what some of the noise came from. You see the big
7 spikes there? That's due to aggregate being dumped in the
8 trucks. I know that because I heard it.
9 Here's a recent one. June 30th, no train
10 onsite. Here's one very recently, June 13th. This
11 happened to fall during the period that the Behrens study
12 was being done. I tried to compare this to the Behrens
13 data. There was a blank spot. They said their code
14 failed, and they couldn't generate any data to compare
15 here.
16 So this is the only data taken from that.
17 And you'll notice it goes all the way up to above
18 65 decibels in some places.
19 Let me remind you, that's ten times the
20 legal limit during the day.
21 We've added recent capability, as I've
22 mentioned, at the Rockin' S Ranch. You see these letters
23 here. We can correspond the noise at these different
24 sites. And because they seem to be of similar amplitude,
25 they must be hearing the same thing, more or less, that
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1 same thing must be about equidistant. I'd strongly suggest
2 to you that that noise was coming from someplace between
3 them, and there's only one place between them.
4 If we apply the law of physics called the
5 inverse square law, we can kind of model what noise might
6 do to this area if we allow this plant to exist.
7 Assuming we have 80 decibels allowed at the
8 border, at the boundary and we have no reason to suspect
9 that they'll be restrained from meeting that -- then the
10 noise could extend out as far as I-25 above 55 decibels.
11 Again, this is a hypothetical model based on physics, but I
12 want to alert you to what the potential is to development
13 in this area.
14 Finally, my conclusions. This site is
15 undoubtedly incompatible as determined by the Colorado
16 Court of Appeals three years ago. The noise data suggests
17 it's a public nuisance in itself.
18 If you approve this, there will be no zoning
19 restrictions on operations inside the zone. They can make
20 as much noise as they want as long as it doesn't 'exceed
21 80 decibels. This could create a permanent public nuisance
22 throughout the area.
23 That concludes my presentation.
24 CHAIR FREEMAN: Okay. Thank you.
25 MR. OPLINGER: Thank you.
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1 CHAIR FREEMAN: Thank you.
2 DR. BOGART: I'm back. Again, Dr. Trina
3 Bogart, 6645 Apache Road.
4 I would like to talk a little bit about the
5 environmental and health impacts of dust and particulate
6 matter. Since Rock and Rail began operations in October of
7 2018, our neighborhood has been assaulted on a daily basis
8 with dust.
9 There's now evidence that this is not just
10 an inconvenience, but it is likely to be having negative
11 effects on the health of the surrounding community members.
12 I would like to show some pictures of dust.
13 These are pictures that have been taken consecutively since
14 operations began. And as you can see, although Rock and
15 Rail claims that they control their dust emissions, they
16 haven't been able to do so since day one.
17 These are all on separate days. And of
18 course, we're not standing outside every day taking photos,
19 so you can imagine we missed quite a few days.
20 I'd like you guys to refer to the document
21 that I submitted entitled Health Impacts of Particulate
22 Matter. I go into detail about some of the case studies
23 from interviews that I've done with our neighbors, in
24 addition to evidence -based medicine related to the health
25 impacts of particulate matter.
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1 The most important thing here is that the
2 smaller particulate matter, those that are less than
3 2.5 microns in size, are easily inhaled into the lungs and
4 can even be absorbed into the bloodstream and can lead to
5 inflammatory diseases such as asthma; cardiovascular
6 disease, like heart attacks, strokes; and has even been
7 linked to lung cancer.
8 Here's some more photos of dust. Every
9 single day, we all see it in our homes. You dust, and an
10 hour later you have to dust again.
11 This is my own case study. I'm 54 years
12 old, previously healthy, was just diagnosed with asthma a
13 couple of months ago. No family history, never been a
14 smoker. Really no reason that I should have this onset of
15 asthma at this stage of my life.
16 More dust photos.
17 I did interviews with the neighbors. We had
18 a 77 -year -old who never has had allergies in his life who
19 was recently diagnosed with hypersensitivity and severe
20 allergies, requiring the treatment of an ear, nose, and
21 throat specialist. He's been unable to run or do vigorous
22 exercise, which, believe it or not, he's a healthy guy; he
23 was able to do that previously.
24 He visited family in Idaho for a couple of
25 weeks, and the symptoms resolved.
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1 More dust photos.
2 Case Study Number 3. A 71 -year -old who has
3 underlying history of asthma since she was a child. Over
4 the past year and a half, she's had frequent flares of her
5 asthma. Previous to this, she was extremely well
6 controlled with her normal medications. She loves to
7 garden. But guess what? She can't go outdoors now because
8 it triggers her asthma.
9 Her husband, unfortunately, has cancer, and
10 he too has to stay indoors to avoid the dust as much as
11 possible.
12 More dust.
13 We have a child in our neighborhood who has
14 a history of selective IgA deficiency. IgA is an important
15 protein that clears foreign substances from our nose,
16 throat, and lungs. It's linked to increased infections and
17 increased problems with allergies and asthma.
18 This young child, over the past two years,
19 has had increased difficulties with wheezing and difficulty
20 breathing. He's had excessive mucus. He's been to the
21 emergency department twice for respiratory problems. They
22 have to limit his play outdoors because of this.
23 More dust.
24 Case Study Number 5. An Indianhead Estates
25 resident who has suffered severe sinus congestion only over
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1 the past one and a half years. She had to have major sinus
2 surgery due to inflammation, sinus and nasal blockages.
3 Over the past month, she's being worked up for severe
4 irritation in her throat as well.
5 Many, many days of excessive dust.
6 This is an example of one car of aggregate
7 being unloaded. There are 115 trains -- 115 cars on that
8 train. We estimate there's been about 70 trains since
9 operations began. That's over 8,000 times that this kind
10 of dust is being spewed into our neighborhood, and that's
11 only the unloading of trains.
12 This was just less than a week ago.
13 In conclusion, since operations began, Rock
14 and Rail has generated uncontrolled clouds of dust on
15 numerous occasions. The known risk of chronic and acute
16 health impacts as a result of exposure to these small
17 particulate matter suggests that health impacts are very
18 likely and are already happening in our community.
19 After only two years of operation, we have
20 many residents who are having respiratory impacts and other
21 problems. This evidence shows that Rock and Rail's
22 operation is in direct conflict with neighboring uses. The
23 compatibility requirement for rezoning cannot be met. This
24 application must be denied because it does not satisfy the
25 criteria for approval.
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1 Thank you.
2 COMMISSIONER MORENO: Dr. Bogart?
3 DR. BOGART: Yes.
4 COMMISSIONER MORENO: Just real quick. How
5 long have you been living there in that --
6 DR. BOGART: I've lived -- 11 years.
7 COMMISSIONER MORENO: 11 years. Okay.
8 CHAIR FREEMAN: Okay. Thank you.
9 DR. BOGART: Yes.
10 MR. KISKER: Commissioner, I know we must be
11 running short. How much time do we have?
12 CHAIR FREEMAN: Two minutes. Actually,
13 you've got a few more, just because of the time we took
14 with questions.
15 MR. KISKER: Okay.
16 CHAIR FREEMAN: Go ahead.
17 MR. KISKER: I appreciate it, because I
18 actually have some ideas for solutions at the end, if we
19 have a little time. And I would hate to not have any
20 chance.
21 CHAIR FREEMAN: Like five or ten minutes,
22 Dave, if you could wrap it up.
23 MR. KISKER: Okay. That'll work.
24 CHAIR FREEMAN: Okay.
25 MR. KISKER: So a question here on
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1 compatibility is there -- is there any compatibility at
2 all? One question -- one possibility would be that this
3 use is compatible instead of a conflicting use. And I
4 think the data speaks for itself on that.
5 Another possibility is in the previous
6 slides that you've seen, Rock and Rail claimed that because
7 of the supposed surrounding uses, it's going to be
8 compatible because there's all these industrial uses
9 already there. So we're going to examine that question in
10 some detail.
11 This is a map that Martin Marietta used in
12 2015. They called it a compatibility map for exactly the
13 same reason; they wanted to show their operation was
14 compatible. At the time, we didn't understand what the
15 implications were, and so we didn't do what we've done this
16 time.
17 Interestingly, this is the map that they
18 showed today. And notice, they changed the title, but at
19 planning commission, it was "existing land uses," not
20 zoning or possibilities. It was actually the claimed
21 existing land uses.
22 Now, there's some interesting things about
23 this. It's the same map. It doesn't actually take into
24 account local reality. They don't drive around these
25 neighborhoods and down these streets and look at what's
158
1 really there, like we have. They don't go on the dirt
2 roads and say, "I wonder what's back here." They don't fly
3 their drones.
4 So the actual, on -the -ground reality is
5 this -- this is, of course, Indianhead, and this is them.
6 And you can see, first of all, that most of the surrounding
7 land is empty.
8 So if you actually go and look at what the
9 uses are, here's what we see. We see things like Aims
10 Community College. Is that a commercial use? We see
11 things like the Rez Church. Is that a commercial use? We
12 see things like of course the Rockin' S Ranch, which has
13 got a small part of commercial use. We'll come back to
14 that.
15 We also see things like, over here, a
16 supposed commercial area. And we'll talk about that in
17 just a second as well. So what I'm going to do in the rest
18 of this is show some examples that there was more in our
19 report but you may not have gotten to it.
20 So a few examples of actual land use. One
21 of the more interesting ones is the Hankins Farm. They
22 show this extensive commercial area that has the USR, that
23 does indeed fit in, loosely speaking, a commercial
24 application. It's a corn maze. Okay? It lasts a few
25 weeks a year and, otherwise, it's a farm.
159
1 Can we really call that a commercial
2 application of -- its current use as commercial? I
3 wouldn't say so.
4 Sorry.
5 Same for the Rockin' S Ranch. They claim
6 that Chris's entire area is commercial, and they show that
7 big red area. Well, she uses a few acres down here in the
8 corner, and the rest of it is still agriculture.
9 There's a few more examples in the report.
10 I must thank Larry Sykes for his drone work and analyses.
11 But one of the more interesting ones that always gets
12 thrown up is the Windsor Employment Zone.
13 Now, that's an interesting one because it's
14 always presented as an indicator of some kind of heavy
15 industrial activity. That annexation agreement happened, I
16 believe, in 2000 -- if I remember correctly, 2008. And it
17 has some restrictions on it. And, in fact, this is what it
18 really looks like.
19 Do you see any industry? There's none. It
20 isn't a current industrial use; it's a farm. And, in fact,
21 Windsor, when they did the annexation, they actually had a
22 little master plan for this area. And, in fact, these are
23 little areas that are designated, as they call it in
24 Windsor, industrial -limited. It's not heavy industry. It
25 can't be heavy industry. And, in fact, they even specify
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1 residential right behind it.
2 These are specified as single-family
3 dwellings. There's even little parks specified up here in
4 the corner. And then neighborhood commercial here in this
5 area.
6 Now, is this master plan going to get
7 executed? We can't know that. Just like we don't know
8 what's going to happen in any of this.
9 But the idea that this is somehow a heavy
10 industrial use that's similar to Martin Marietta/Rock and
11 Rail just doesn't hold water. In fact, you can tell that
12 when you look at what is allowed in those limited
13 industrial areas.
14 In fact, we'll talk about Johnstown because
15 they also claim Johnstown has a bunch of industrial areas.
16 These are light industry, low-level, enclosed typically,
17 not much traffic, certainly no dust, no odor, no noise.
18 That's what these are. Maybe you'll occasionally get a
19 truck horn, but that's the extent of it.
20 So any claim that because of the industrial
21 stuff in the area, this too will be compatible, it just
22 doesn't work.
23 Johnstown's PUD-mixed use. We saw a bunch
24 of areas that were supposedly PUD-MU in Johnstown today.
25 Here's what it says in the Johnstown zoning code:
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1 Light -- and in these areas they are intended to create an
2 integrated area where you've got both residential and jobs.
3 It says specifically, "Light industrial uses are permitted
4 provided that they complement the commercial uses and do
5 not substantially negatively impact the residential uses."
6 That's a tough restriction. This thing
7 could never be done under a PUD-MU in Johnstown, because it
8 actually has significant impact.
9 And there's additional uses -- or a few
10 additional examples in the report. I'm sorry, I don't have
11 time today to go through them.
12 So facts matter. Compatibility with current
13 uses is a criteria that must be met. It's not. In fact,
14 few of the claimed uses for industrial and commercial
15 activities actually exist. In fact, I noticed in the
16 findings document that Mr. Connolly presented or prepared,
17 he actually refers to Rockin' S Ranch as industrial. I'll
18 just leave that as it is.
19 And of course none of the claimed higher or
20 intensive uses are remotely similar to an I-3 zoning
21 proposal. The future is not predictable, but it doesn't
22 justify this effort. The claims of compatible current uses
23 are invalid. You can't use that to claim compatibility,
24 either now or in the future.
25 So in summary here, the existing Rock and
162
1 Rail operations and conflict with surrounding uses as is
2 documented to be spewing negative economic, environmental,
3 and health impacts across the property lines, and the other
4 supposed compatible uses don't actually exist.
5 Conclusion: Effectively, the conflicting
6 uses would make it a spot -zoning. If you did it, you
7 essentially remove all county control over mitigation
8 because it's your development standards -- as I've watched
9 for the last five years and some of you've watched for even
10 longer. It's your development standards that gives you
11 that control. And in a zoning, there's no development
12 standard that addressed mitigation. In a USR, there would
13 be, but not in a zoning.
14 As Mark said earlier, the issue of the
15 railroad is undecided. We'd prefer it if you would respect
16 that process. So we must deny it.
17 If you have some questions about noise or
18 anything else, I have some supplemental slides. But
19 basically the situation is that we've got ourselves into a
20 place -- clearly the county is changing. I've watched it
21 myself. We have lived -- we have owned property in Weld
22 County for nine years. And I've watched it change.
23 That area out there over by I-25, a lot of
24 it was empty. And of course it has grown. There's houses
25 that have come up. And we're seeing the conflicts as a
163
1 result. I mean, the Coulson Gravel Pit, which you guys
2 don't have to deal with, is a good example.
3 The catch is that we don't know what
4 development is going to be. There was claims that it's
5 rapidly developing, and yet the map that Martin Marietta
6 showed in 2015 is the exact same map as it is now. And the
7 primary thing that's changed is Martin Marietta's
8 existence. They started it.
9 What should have happened after the
10 lawsuit -- and they claim we didn't want to negotiate, and
11 that's not true. We've actually been trying, based on
12 Judge Jackson's request, to do mediation, and they have
13 rejected this completely. Their idea of mediation is,
14 "We're going to keep doing what we're doing, but we'll give
15 you your legal fees."
16 That's not mediation.
17 So the honesty problem is nontrivial. The
18 same with the community work group. It didn't dissolve
19 because of hostility. We kept attending those meetings
20 until early 2018. After we won the lawsuit, we were still
21 going. They terminated the meetings on their own. So any
22 assertion that, "Oh, well, it just petered out," I was at
23 every single one of them. Okay? They didn't peter out.
24 We tried. And the fact of the matter is that they stopped
25 the meetings.
164
1 We had a choice here. They had a choice.
2 They could have done an I-1 with the USR. I'm not saying
3 the negotiation would have been trivial or easy, because
4 there would have had to have been some concessions. But
5 instead of trying to work with us, they are trying to
6 silence us forever by this.
7 A rezoning, because it's now only a site
8 plan review, takes the voice away from the citizens. We
9 will never again -- despite some vague appeal process on a
10 process that we don't even have notice of, we will never
11 again be able to speak on these -- on what our neighbors
12 are doing. And that's what they're trying to do. They're
13 trying to silence us.
14 They said as much. They want to get rid of
15 us because they want to stop this lawsuit by supposedly
16 this special interest group. Well, 114 people plus, that's
17 how many have signed -- made checks and made contributions.
18 Okay? There's 100 homes in Indianhead, and we don't talk
19 about exactly what fraction, but it's high. We don't talk
20 about how much money we've raised collectively, but I'm
21 sure you're not surprised to hear that it's hundreds of
22 thousands of dollars.
23 This is not six NIMBYs trying to protect
24 their own little world. This is a community, and we're
25 doing our best because we want -- we understand that these
165
1 materials are needed. Any claim that we're trying to stop
2 that, that's nonsense. We understand it.
3 What we want is a solution that's fair and
4 honest for everybody. And I hope you'll find a way to do
5 that. Thank you. And I'm sorry to go on.
6 CHAIR FREEMAN: No, you're fine.
7 MS. KISKER: You know, my -- you understand
8 where I'm at. My emotions get away.
9 CHAIR FREEMAN: Okay. Anyway. Thank you,
10 Dave.
11 MS. KISKER: Any questions?
12 COMMISSIONER ROSS: Mr. Chair? I had a
13 question.
14 CHAIR FREEMAN. Yes.
15 COMMISSIONER ROSS: Dave, when you were
16 talking about how much time you had, you said you had
17 possible solutions. I may have missed those. What were
18 your solutions?
19 MS. KISKER: Well, I think that -- I think
20 that -- well, I'll just tell you outright, Commissioner, if
21 they were to withdraw their I-3, be prepared to resubmit an
22 I -1, work with us to negotiate a set of development
23 standards for a USR, I think we could come to a solution.
24 Because we know they're there. There are people -- I mean,
25 Mr. Connolly said that -- or somebody said that the only
166
1 thing we want is to blow them up, and certainly there's
2 people that would love that. But that happened -- that
3 needed to happen five years ago.
4 Where we are today is we need some
5 compromise on both sides. That means that -- for example,
6 operating hours. That means that things like extremely
7 good control technology on, especially asphalt, if they
8 really, really have to do it.
9 But dust? I mean, it means real monitoring
10 of noise. As of 2018, their general manager in the
11 newspaper said they're not monitoring noise and they're not
12 going to monitor noise.
13 Well, suddenly they looked, after the data
14 we showed at Planning Commission. And the data that we
15 showed at Planning Commission and during the discovery
16 process was devastating, because we showed they're above
17 residential constantly. And if you had a chance to look at
18 my report, you know that we collect the data and we listen
19 to it to see what it is, but we also have some fairly
20 sophisticated spectral methods to identify what individual
21 noises are and their spectral characteristics.
22 So we can tell the difference between a
23 train and a bird. Or we can tell the difference between
24 Highway 34 traffic and just background. I mean, if you
25 look at that report, you'll be -- you may well be amazed at
167
1 what we do.
2 And of course we're doing it manually, so we
3 are not 100 percent efficient. We have to pick and choose.
4 But there's equipment out there that can do this stuff.
5 There's something called the noise compass. And it
6 actually can isolate the source of the noise within a few
7 degrees. It even can have a heightened resolution so you
8 can see that it's not coming from planes, because there's a
9 lot of aircraft.
10 But we can detect that stuff. Aircraft have
11 a particular characteristic spectrum. Traffic on 34, it
12 cycles every two and a half minutes. You know how we know
13 that? Because we measured it. Okay?
14 In fact, just because I will -- here's an
15 example of traffic on 34 taken from the back of Gary's
16 fence. You see those peaks cycling up and down? We don't
17 blame that on Martin Marietta. Because at the time of day,
18 which happens to be around 6:30, we know it's 34 traffic
19 building up. And it peaks around there. It's got this
20 characteristic. And so there's no question about it.
21 We're not confused about this issue.
22 And so coming back to your answer -- or to
23 your question, Commissioner, I think that with an honest
24 effort, we could find a solution that would be acceptable.
25 They say that the best compromise doesn't make everybody
168
1 happy. Such a compromise, if it can be found, won't make
2 everybody happy.
3 But it starts with withdrawal of this
4 application, because of course if there's a vote, it's
5 done. If you deny it, it's done for five years unless
6 there's a changed circumstances. But if they withdraw it,
7 they can reapply in a year and we can get through the
8 federal case, and we can sit down and try to find a real
9 answer.
10 So that's the essence of what I would
11 suggest has got the possibility, Commissioner, is, there is
12 an answer, but it's going take an effort on their side as
13 well as ours. And it's time to stop claiming that their
14 mitigated equipment is not producing the noise that we say
15 it does, because before they mitigated it, it really did.
16 CHAIR FREEMAN: Okay.
17 COMMISSIONER ROSS: Thank you.
18 CHAIR FREEMAN: All right. Thanks, Dave.
19 Okay. Is there other public comment? Come
20 on up.
21 MR. PETERSON: Thank you. Good afternoon.
22 My name is Bob Peterson. I am a 68 -year lifetime member of
23 Northern Colorado. I've been in the building industry in
24 Northern Colorado for 45 years. I have seen this area
25 change. Okay? And I have seen it change primarily for the
169
1 better.
2 Now, you're talking to a guy here that
3 remembers 68 years ago, not nine years ago, what this
4 county was like. Okay?
5 I'm here to speak not for myself. I'm here
6 to speak for arguably the second largest industry in
7 Northern Colorado. That is the homebuilding industry. We
8 constantly, constantly fight the ability to build
9 affordable housing or attainable housing. I don't care
10 which term you use. It's used both the same way.
11 When Martin Marietta moved their plant where
12 it is located now, we had the opportunity to get aggregate
13 supplies, concrete, asphalt, and those materials at less
14 cost, at less transportation, at less fossil fuel usage.
15 Now, I know I'm standing in Weld County, so
16 fossil fuel is a tender thing. But nonetheless, we still
17 have to use less of it as we can. Okay?
18 They're good neighbors. Changed my speech a
19 little bit here. I saw lots of pictures of dust. I grew
20 up on a ranch. We live in a high desert area that is going
21 to be dusty. Doesn't matter. I will tell you some 400
22 trucks coming into that to deliver what a train delivers
23 would create a lot more dust.
24 It's operating functionally. They have done
25 some mitigation. Yep. Could probably do more. I think
170
1 we've seen that through the oil industry. I think Martin
2 Marietta might be interested in being a good neighbor like
3 the oil industry has. You can look at all those pumps out
4 there. They don't look too bad these days.
5 So, anyway, I'm here just to encourage this.
6 If that site would have to move, it would cost houses. And
7 last I heard, air, water, shelter were those necessities we
8 need. And we need affordable housing. Okay?
9 I am a builder that tries to build
10 affordable housing. I will tell you what. $450,000 is not
11 an affordable house, but that's about the cheapest house I
12 can build without compromising integrity and putting people
13 in houses that are going to last ten years or more.
14 So based on all of that, I appreciate your
15 time. Home Builders Association is nearly a 400 -member
16 organization. Frankly, our members probably built
17 Indianhead Estates at some point along the line. Okay? So
18 thank you for your time.
19 CHAIR FREEMAN: Thank you.
20 MR. PETERSON: Appreciate it.
21 CHAIR FREEMAN: Thank you. Okay.
22 MR. REDLIN: My name is Robb Redlin. I
23 lived, up until last August, at County Road 56, 6433 County
24 Road 56. It is the closest house to the dumping site for
25 the aggregate.
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1 My family and I lived there for two years.
2 It was a house provided by a church that I was working for.
3 We loved to sit out on our back deck and watch that train
4 go by almost every single day. It was an enjoyment to
5 watch it go by. For two years, we watched it go by.
6 You could stand in our kitchen, the closest
7 room to the dumping ground, and feel a little bit of
8 vibration. We also had a washer and dryer in our breezeway
9 that made more vibration than that train did.
10 We had friends and family over, sitting in
11 our living room, over and over again when that train went
12 by. Never one time did the noise of that train bother us.
13 You could hear the wheels squeal, but when it was dumping,
14 you could not hear it if you had the TV on. You could not
15 hear it if you had a fan on. Never one time outside or
16 inside did the noise of that train bother us.
17 Twice in our time in the two years there, we
18 had windstorms come through. The dust that we saw came
19 from the fields across the street, not from Martin
20 Marietta.
21 Gentlemen, all I can say is we were the
22 closest house to that site, the closest house. Never did
23 it bother us. The exact opposite was true. We enjoyed it.
24 I took video of it. I took pictures of it. Thought it was
25 an engineering marvel. Thought it was so well done. I
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1 didn't think it was ugly. I thought it was, for lack of a
2 better word, cool.
3 So I want you to understand that neighbors
4 that are by far thousands of feet further away than I was
5 are saying that this noise level is so bad and the dust is
6 so bad from this. We did not experience that at all.
7 As a matter of fact, I moved up here from
8 Las Cruces, New Mexico. In Las Cruces, I developed asthma.
9 When I got up here and lived in that house, it stopped.
10 I asked my doctor, "Why did it stop?" His
11 only answer was, "Environmental." If it was so bad, my
12 asthma should have gotten worse, not better.
13 As far as industrial use, the Rockin' S
14 right down the road, there were people that would park on
15 both sides of County Road 56, made it hard to get through.
16 Never one time did I complain about that. Never one time.
17 I was glad they were there. I was glad the business was
18 there. Business is business, and sometimes it interferes
19 with others.
20 And I understand that. I understand they
21 might not like the train, but that train does not make huge
22 vibrations or cause a lot of dust.
23 CLERK REID: Three minutes.
24 MR. REDLIN: I do agree with the person that
25 spoke before me, and that is that the trucks that went by
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1 from the business across the street caused more dust than
2 that train station. Thank you.
3 CHAIR FREEMAN: Thank you.
4 COMMISSIONER ROSS: Can I just ask a
5 question?
6 CHAIR FREEMAN: Yes. Hold on a second.
7 COMMISSIONER ROSS: Would you mind, just for
8 my sake, pointing out on that map that's behind you where
9 your house is at that you're referring to that you lived
10 in? Was.
11 MR. REDLIN: Yes. I'm not living in it now.
12 Where is the dump site at?
13 MS. SNYDER: Green dot, sir.
14 MR. REDLIN: Right here. My house was right
15 here. County Road 56.
16 COMMISSIONER ROSS: Okay. Thank you.
17 CHAIR FREEMAN: Okay. Any other public
18 comment?
19 MR. PIRAINO: Good afternoon, Commissioners.
20 My name is Jim Piraino. My wife and I, Lisa, live at 27660
21 Hopi Trail. My property is within the 500 -foot mark of the
22 applicant's property.
23 I have just a couple comments I would like
24 to make. One is, over the years, we've asked Martin
25 Marietta to not schedule the train at night. You know,
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1 waking up at 3:00 in the morning to the train arriving is
2 not a good thing. And the response has always been, "We
3 can't. We can't do that. We don't schedule the trains."
4 You know, I'm little confused. Isn't Rock
5 and Rail a train? You know, I was in business for
6 33 years. I opened and closed when I wanted.
7 Now, I get that they got ties to the Union
8 Pacific. And a while back I ran into a pretty big
9 executive in Union Pacific on a trip, and I asked him the
10 question. I said, "Is it possible to schedule trains?"
11 And I kind of explained the circumstances. And he says,
12 "Yeah, you can." And I said, "Well, why aren't they?" He
13 says, "Because it costs more money."
14 Second point I want to make is Martin
15 Marietta sat here today. They're telling you all these
16 great plans for their future. They're going to be there
17 and, you know, the future is great with Martin Marietta,
18 and they got plans there, asphalt plant. All these great
19 things. And they would -- what you're going to vote on, I
20 guess, is not necessarily for them to stay, but the
21 property use there as an I-3, with all those use by rights,
22 any one of them could come in after.
23 And, Gentlemen, I'll ask you, do you think
24 Occidental Petroleum or Extraction thought that they would
25 ever fail? There's nothing to say that these guys
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1 can't -- you can give them their I-3 and next month, given
2 the economy and the decline and what's going on here in the
3 oil production, that for whatever reason, they fail. Then
4 what? Then what? Then you've got no control. Think about
5 that.
6 Lastly, what I want to show you -- or let
7 you hear -- and I get this isn't -- you know, my phone is
8 not a sensitive sound -recording device, and I get that I
9 don't know what decibels this is. But I want to play this
10 for you.
11 Because on June 22nd, my wife was in the
12 backyard doing her gardening. Our front garage door was
13 open. I walked into the garage, and I was greeted with
14 this. And I started recording it after I ran back in the
15 house, got my phone, found my voice memos that I don't use,
16 and I started recording.
17 (Audio plays.)
18 So I won't bore you with the rest of the
19 three minutes, because I'll use that up. But you tell
20 me --
21 CHAIR FREEMAN: But go ahead and wrap up.
22 MR. PIRAINO: You tell me. How loud is
23 that? I don't know. In my case, it was too loud. It
24 bothered me. Matter of fact, it pissed me off. Okay?
25 That they're getting away with this. They're on property
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1 that they're not supposed to be using it for. You guys
2 won't do anything about it, so I get to listen to it.
3 Thank you.
4 CHAIR FREEMAN: Thank you. Okay. Is there
5 any other public input?
6 Yeah, come on up. Go ahead.
7 UNIDENTIFIED SPEAKER: (Unintelligible)
8 something that was found.
9 MS. BOGART: My name is Ronnie Bogart. I'm
10 6645 Apache Road in Indianhead.
11 Martin Marietta would like you to believe
12 that the air above their facility is stationary; that those
13 hazardous particulates they produce stay within their
14 facility and only affect them.
15 As a pilot, I can tell you that air moves.
16 And it's a really big deal, and it's very fluid.
17 It can rise and fall and is measured in
18 intervals of 500, 1,000, 2,000 feet, or higher on a daily
19 basis. Those winds change in speed and direction at every
20 level. So those houses, the particulates in the air over
21 their facility initially go south, go up a little bit, and
22 can turn 180 degrees and come back, back north. And if you
23 add any humidity and make it heavier, it's going to fall to
24 the ground.
25 We have proof that the air over the facility
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1 is not stationary and moves from their facility to our
2 neighborhood. What you're looking at is a load ticket from
3 Martin Marietta. Not from Rock and Rail; it's Martin
4 Marietta. The piece of paper found weighs about one and a
5 half grams, and the air was moving to relocate it
6 four -tenths of a mile from their facility. The wind
7 carried over it over a berm, a fence, over trees, a field,
8 a ditch, to someone's yard.
9 This is proof that it is not stationary.
10 This illustrates how easy it is for hazardous, harmful
11 particulates that weigh microns can infiltrate unforeseen
12 health issues into our community.
13 But what's more enlightening is what's on
14 the back of that piece of paper. A very direct warning to
15 those coming in contact with their products. I quote,
16 "This product contains crystalline silica. Prolonged and
17 repeated breathing of this dust" -- "dust," that's
18 interesting -- 'can result in lung disease, lung cancer,
19 permanent injury or death."
20 But yet they claim that we are not in any
21 health danger. Those are their words. They say that their
22 dust is can cause that. It's only one example.
23 The compatibility requirement for rezoning
24 cannot be met as it's just not compatible with the
25 neighborhood and the area uses. If Martin Marietta cannot
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1 control an important piece of paper from their property,
2 how can they control the dust?
3 Thank you.
4 CHAIR FREEMAN: Thank you.
5 UNIDENTIFIED SPEAKER: Thank you.
6 MR. STRAUB: Good afternoon. My name is
7 Pete Straub, and I live at 27793 Hopi Drive on Indianhead
8 West.
9 Nine years ago, my wife and I escaped
10 Boulder County and purchased our home specifically in Weld
11 County, a county we thought more aligned with our values.
12 We're very close to Ground Zero in this issue as our home
13 is located on the far west edge of the neighborhood, and
14 our back deck and backyard views are directly impacted by
15 Martin Marietta.
16 And make no mistake. For five years, this
17 has been Martin Marietta, a large corporation out of North
18 Carolina. Not Rock and Rail, not Gerrard Investments, not
19 UPRR. Martin Marietta Materials, a $6 billion corporation
20 with lawyers and interests that reach far beyond Weld
21 County.
22 We, as individual Weld County residents,
23 have only you Commissioners and ourselves to protect our
24 rights. Many of us are retirees. Most of us seniors.
25 For five years we have fought and prevailed
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1 in legal battles pulling our limited resources against
2 unlimited legal resource of a multibillion dollar
3 corporation. Now they're asking to change to a virtually
4 unlimited use, an I-3, with the associated lack of future
5 predictability on what will occur on property and what the
6 surrounding area will be.
7 This is an illegal spot -zoning. It's
8 difficult to understand how you can approve I-3 here when
9 two years ago you disallowed a more restrictive I-2 on the
10 adjacent quarter section on the same section to the north.
11 The applicant has admitted their true intent
12 is to build an asphalt plant, in addition to existing
13 operations. Their code word is a "full build -out."
14 This is what we fear most
15 regarding -- regardless of odor -control devices they may
16 claim, no odor controls exist on the hundreds of trucks
17 that will enter and exit the site each day. The area will
18 smell like asphalt. Remember, they had other options to be
19 located in industrial parks in Windsor or Milliken.
20 Recall the applicant originally proceeded to
21 build this facility at risk. They specifically acknowledge
22 in writing to you that if they eventually did not prevail
23 in court that they would deconstruct the site at their
24 expense. Then came Rock and Rail, the false claim that the
25 plant is covered by the Surface Transportation Act and
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1 withdrawal of the USR.
2 The commission should force Martin Marietta
3 to allow this to be resolved in court.
4 Martin Marietta says they have been a good
5 neighbor. They have not. You've heard about the
6 applicant's work the past several weeks to build sand
7 walls, control dust and hydroseed berms. Last-minute
8 efforts or sudden conversion to appear as good neighbors
9 cannot be trusted.
10 The virtual unlimited Use by Right granted
11 by I-3 will allow them unbridled use, and nothing will
12 protect us.
13 MR. CHOATE: Three minutes, Mr. Chair.
14 CHAIR FREEMAN: Okay. If you could go ahead
15 and wrap up, please.
16 MR. STRAUB: Okay. The community work group
17 to mitigate impacts has been a farce. Berms and screens
18 are inadequate. Noise that -- trains all times of the day
19 and dust and (unintelligible) to contrast, temporary
20 impacts of Occidental Petroleum's recent temporary drilling
21 sites near the neighborhood were mitigated through specific
22 and bold actions of Occi with the neighborhood's
23 involvement. Communication and teamwork from Occi, in
24 comparison to Martin Marietta, was excellent.
25 Lastly, remember when lawyers attempt to
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1 rebut evidence, conclusory claims cannot be trusted. And
2 just because their attorney says something doesn't make it
3 true.
4 Thank you.
5 CHAIR FREEMAN: Thank you.
6 MR. WERNER: Good afternoon, Commissioners.
7 My name is Rich Werner, Upstate Colorado Economic
8 Development. And I know you've heard a lot of these
9 arguments throughout the day. I'm going to just give you a
10 quick, brief, prepared statement and then a quick editorial
11 comment.
12 As president and CEO of Upstate Colorado
13 Economic Development, we are here to express our support
14 for the creation of primary jobs and the infrastructure
15 that is needed in Northern Colorado. We encourage an
16 effective solution to developing a strong transportation
17 network, help addressing affordable housing, a robust
18 business environment, and stronger communities.
19 We hope that as you work with the existing
20 Weld County businesses you will support their efforts to
21 grow and expand as appropriate.
22 This operation acts as a primary sector
23 employer with production plants located in and around Weld
24 County and has for years. They employ close to 300 people,
25 and in this particular case, this project is creating over
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1 100 jobs.
2 They, at the time they started, were
3 investing $20 million into the project. We know that they
4 have invested a lot more than that as this project has
5 commenced.
6 While the employment opportunities are most
7 certainly an exciting aspect of this operation, Weld County
8 is in great need of such aggregates to support the current
9 and future growth we are experiencing.
10 Upstate Colorado supports the need for this
11 type of building material supply chain operations in Weld
12 County. Every demographic model over the past five years
13 points to growth numbers which bear out to having Weld
14 exceed Larimer County in population in the next few years
15 and ultimately doubling by 2040.
16 This statement was actually read to the
17 Board of County Commissioners when this project commenced
18 back when we were working towards getting a USR. The
19 County, working with the company, had created a system that
20 helped protect the use and operation, helped take into
21 consideration, in working with the company, the needs of
22 the surrounding area.
23 And I will just say, to wrap up, that when
24 we talk about a surrounding area -- and I hear discussions
25 about spot use -- we need to look at the surrounding area
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1 for what it really entails. Drive the entire length of 34
2 between I-25 and Greeley and look at the proposed
3 industrial operations.
4 As you drive, and you drive past junkyards
5 and industrial operations, and Canyon Bakehouse and all of
6 these other -- other operations, understand that our
7 economy is growing every day.
8 When I go home, and I go by the house that I
9 used to rent next to the train tracks, and I drive by the
10 gravel pit and the heavy industrial operations, they all
11 work in tandem with other neighborhoods. Our entire Front
12 Range is growing, and we need to help support holistically
13 all of our economy.
14 Thank you for your time.
15 CHAIR FREEMAN: Thank you.
16 Okay. Other public comment?
17 MS. PIRAINO: My name is Lisa Piraino, 27660
18 Hopi Trail. And this statement is from my neighbor, Don
19 Casey, who is sitting over there. He lives at 27727 Hopi
20 Trail.
21 It's a very emotional statement for him, and
22 so that is why I am giving it for him.
23 Quote: "My wife and I built our dream home
24 in 2002 in Indianhead Estates. It's a beautiful home in a
25 beautiful subdivision. We had happy times for the first
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1 13 years, and then everything changed.
2 Martin Marietta announced their plans for
3 our backyard. This did not promise a pleasant or healthy
4 future. Over time my wife developed COPD or emphysema.
5 She passed away in September of 2016. The death
6 certificate explains the cause as respiratory failure. The
7 doctors can't say how much the stress and anxiety
8 accelerated her death, but she could have lived another
9 day, another month, another year, or even longer without
10 the added stress of Martin Marietta."
11 Don doesn't know either how much longer she
12 would have lived. Thank you for your time.
13 CHAIR FREEMAN: Thank you.
14 Okay. Any other public comment?
15 MS. SCHLOTTER: Good afternoon,
16 Commissioners. My name is Melanie Schlotter. I live at
17 27700 Hopi Trail.
18 In a staff report to the Commissioners, this
19 statement was made: "The Indianhead Subdivision is a
20 residential island with tremendous views of the mountains
21 and yet predestined to be surrounded by incompatibility."
22 A bit later in the same report, "It is
23 likely that Indianhead Subdivision may eventually be
24 surrounded by nonresidential uses, so rather than
25 prohibiting commercial or industrial development in the
185
1 area, the Planning Department and the applicant have sought
2 to mitigate the effects of this development in the
3 neighborhood and other surrounding properties."
4 The first statement implies that somehow
5 Indianhead is incompatible with its surroundings,
6 including, I suppose, the proposed Rock and Rail Martin
7 Marietta plant.
8 Let's get the facts straight. Back in 1970,
9 the Interlago [phonetic] Corporation wanted to build an
10 unincorporated subdivision in Weld County to be known as
11 Indianhead Estates. There was substantial resistance from
12 the County Commissioners at the time.
13 Finally, in 1975, the Colorado Court of
14 Appeals ordered the commissioners to plat the subdivision.
15 So Indianhead has been there for over 40 years by court
16 order.
17 Because of this, the Indianhead Subdivision
18 set the standard for compatibility in the area. Yet the
19 staff report seems to suggest that our court -ordered,
20 decade -olds subdivision is somehow incompatible with farms,
21 fields, homes, and a few small USRs. This turns the very
22 idea of planning on its head, and it's outrageous.
23 The second statement above suggests that the
24 planning should be based on a crystal ball vision of the
25 future, rather than the reality as it exists now. This, in
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1 turn, suggests that Weld County wants to create its own
2 reality independent of the property rights of those in the
3 neighborhood.
4 Taken together, along with the other parts
5 of the staff report, historical evidence from 45 years ago,
6 there is evidence of a longstanding bias against the
7 Indianhead community. This bias is somehow transmitted
8 through the Weld County government to influence land use
9 decisions that are adverse to our community.
10 This was shown in 1975, again in 2015, and
11 now. We, in Indianhead Estates and the surrounding areas,
12 have property rights that are supposed to be protected by
13 Colorado law and Weld County code.
14 We expect the Board of Commissioners to
15 recognize those rights through impartial process, demanding
16 that Rock and Rail satisfy the burden of proof that the
17 County Code requires and reject any historical or political
18 biases that may be in play. In other words, please deny
19 this rezoning application. Thank you.
20 CHAIR FREEMAN: Thank you.
21 Okay. Other public comment?
22 UNIDENTIFIED SPEAKER: Can we take a
23 brief --
24 MR. PETERSON: Good afternoon, Mr. Chairman,
25 members of the commission. My name is Tom Peterson. I'm
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1 the director of the Colorado Asphalt Pavement Association,
2 a statewide trade association representing the asphalt
3 industry of Colorado.
4 There are asphalt plants throughout the
5 state, a majority of them directly adjacent to or
6 environmentally, in the context of homes, businesses,
7 trails, parks, hospitals, trails, a majority of them.
8 We submitted a letter on July 15th that
9 spoke to several items: The need for the facility, the
10 benefit of colocation of facilities on one location, the
11 depleting supply of permitted sites, and the reality in
12 Northern Colorado. The current demand exceeds supply
13 tremendously, and this deltas will only increase in the
14 future.
15 And then third, the economic benefit to all,
16 including, and very importantly, the opportunity for
17 affordable, locally available construction materials.
18 Two quick points on whether this site makes
19 sense for a rezone from Agricultural to Industrial and the
20 issue of whether the operator is a good neighbor. We have
21 contractors in our industry, the spectrum. They are not
22 only a good neighbor but exceeded to the point of being an
23 industry leader. And that involves our efforts with the
24 Colorado Department of Public Health, the Air Pollution
25 Control Division, and their compliance and enforcement
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1 unit.
2 The operator exceeding our abilities in
3 safety, environmental, and quality, and using best
4 management practices to ensure compliance and
5 state-of-the-art technologies and equipment to minimize
6 impacts and ensure efficiency in operation.
7 I was out at their plant in Aurora two weeks
8 ago, a top of silo recovery system that all but eliminates
9 top of silo emissions and odors, and then a drum that's
10 insulated so you can have a normal conversation adjacent to
11 the equipment.
12 So they operate not only in full compliance
13 but go above and beyond, and that's who they are.
14 And then the second point, very important,
15 is a comment by staff that in most aspects, it's an ideal
16 location. Positive compatibility sets a higher standard
17 for future applications.
18 I've been in this role for over 20 years,
19 and I've never heard a staff report include a
20 recommendation of an ideal location. And I don't remember
21 that. The term being used in reference as part of a staff
22 report is significant and worthy of being emphasized. So
23 if not here, where? And if not them, who?
24 I encourage your support for approval.
25 Thank you for your time.
189
1 CHAIR FREEMAN: Thank you.
2 Okay. So hang on just a second. We're
3 going to -- we're going to take -- go ahead and sit down.
4 We're going to take a quick five -- is that
5 good?
6 UNIDENTIFIED SPEAKER: That would be great.
7 Thank you.
8 CHAIR FREEMAN: A five-minute recess.
9 (Recess.)
10 CHAIR FREEMAN: Okay. Can I have everybody
11 return to their seats. We will go ahead and get started.
12 Okay. We'll go ahead and reconvene with
13 public input. So how many more people do we have? (Making
14 noise.)
15 Okay. Go ahead and come on up.
16 Yeah. I guess if I could ask if you -- if
17 you're just repeating something that somebody else has
18 already said, we've heard it and would just -- if you have
19 something new, come on up. Otherwise, if you're just going
20 to repeat what everybody else has said, you know, we've
21 already heard it; we don't need it again. But go ahead.
22 MS. BARTOLOMEI: Hello, Commissioners. My
23 name is Tricia Bartolomei, and my husband, Ron, and
24 I -- retired firefighter, retired teacher -- we reside just
25 northeast of the plant property at 27575 Hopi Trail.
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1 I just wanted to add one thing to the
2 accounts that I have been hearing today, and that is
3 because I was just diagnosed two days. Over the past four
4 weeks, I have been dealing with an assortment of mysterious
5 health issues: Painful swallowing, sore throat, throbbing
6 ears, dizziness, a thick white coating on my tongue, severe
7 facial pain, and major eruptions in gas in my stomach.
8 None of course very pleasant.
9 My doctor's tests showed I was negative for
10 strep. And they even sent me for the COVID-19 test, and I
11 was negative for that.
12 Then after more investigation, the day
13 before yesterday, it was determined that I have a major
14 esophageal issue pertaining to the dust I'm inhaling from
15 the back of our property where we face directly towards the
16 plant.
17 My doctor ordered me to take daily
18 medication to help my esophagus and ordered me to shut our
19 home's windows because we cannot -- I cannot inhale that
20 dust. Apparently inhaling the crystalline silica dust
21 while lying down at night even has done the most damage.
22 Now, my husband and I are forced to reside
23 in our home where we retired to without opening windows for
24 fresh air because the air is not fresh, but harmful,
25 limiting our ability and our very right to live normally in
191
1 our home or to enjoy sitting out in our backyard. And I'm
2 now suffering health consequences, none of which I had
3 before.
4 Try to imagine, please, what that would be
5 like if it happened to you in your home, your family.
6 Don't believe that the plant has fully
7 mitigated their dangerous dust problem as they claim.
8 That's completely false. You saw it in the pictures. You
9 can see it piled up on our windowsills daily.
10 By allowing this company to build on
11 agricultural land, the County has not only infringed on its
12 people's rights, but also it's harming its citizens'
13 health.
14 Please, please do not allow them to have
15 their agricultural zoned land changed to I-3, making them
16 even more dangerous than they already are.
17 CHAIR FREEMAN: Okay. Thank you.
18 MR. HAROLD (LAST NAME UNKNOWN): Hi, my name
19 is Harold (unintelligible). I've been living in Weld
20 County all my life. I've worked for -- I've done work on
21 Martin Marietta sites, several, from Wyoming clear to
22 Colorado Springs. Probably the most company I've ever
23 worked for that does the most outside of the company,
24 outside of their property to -- to benefit the neighbors.
25 We've done several, several jobs outside of
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1 their boundaries to help neighbors with water problems,
2 with dust problems.
3 As far as dust, I farm too. So I mean, I
4 move thousands of yards of dirt every year with the wind.
5 So as far as dust, I mean, there's -- you can't get away
6 from dust. It's just everywhere. I mean, we move it
7 around all over.
8 But Martin Marietta is probably the best
9 company we've ever worked for and probably the most
10 cautious company to the neighbors that I've ever, ever,
11 ever, ever worked with. 25 years with them.
12 CHAIR FREEMAN: Great. Thank you.
13 MR. HAROLD (LAST NAME UNKNOWN): Thanks so
14 much.
15 CHAIR FREEMAN: Okay. Other public input.
16 MS. FENTON: Hi. My name is Joanne Fenton,
17 and I live at 6720 Apache in Indianhead Estates West. And
18 I'm a retired hospital CEO, and I tell you that because
19 I've decided to start with a question and maybe wake up the
20 group. I'm not sure. It's hard to sit here and listen to
21 all of this, I'm sure. But let me pose a question to you.
22 As a hospital CEO, how would you feel about
23 me investing a million dollars into a da Vinci robot, the
24 medical staff credentialing a physician to do
25 prostatectomies in gentlemen, and then we start getting
193
1 patient complaints: The outcomes aren't good; the data is
2 poor; people aren't being held accountable; but yet the
3 medical staff and others want me to credential other
4 physicians to do the same thing? That would be ludicrous.
5 And that's what I feel like you may be doing
6 if you vote to go to I-3 with this property. Because right
7 now, we have a limited business there. You're looking to
8 expand it. And I want to show you what I've learned in
9 working with the state on how the process of data
10 collection, reporting, monitoring, and accountability is
11 weak from my perspective.
12 So here's what I know in working with the
13 state. The company applies for a discharge -- stormwater
14 discharge permit. They self-select their SIC code. Okay?
15 They selected 3. They didn't choose railroad. That's
16 important, because the stormwater discharge permit is
17 predetermined by the SIC code. So they applied, using
18 these three SIC codes. They get it back, a one -page
19 stormwater discharge permit.
20 Now, I understand they operate under
21 900,000, 125 -page general permit, but this is what they
22 really operate under.
23 And there's minimal data on there. There's
24 visual monitoring, but they keep those results internally.
25 I don't have access. I tried to get it. Can't get it.
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1 They have benchmark monitoring. They
2 monitor solids and iron. And then they have water quality
3 monitors of selenium.
4 Interestingly, they report this
5 quarterly -- that's the requirement -- through a graph
6 sample. Well, interestingly for someone like me that knows
7 nothing about this stuff, there's no discharges, no samples
8 for years. Nothing.
9 And of course I'm wondering, why is that
10 And six of the quarters when I looked back for years, they
11 didn't report the selenium, which they were required to do.
12 Instead, they duplicated the solubles solid one. They
13 didn't report selenium.
14 And then interestingly, I learned from the
15 state -- because all of this is coming from a contact that
16 I have been working with in my own research -- is the state
17 tells me they inspect only 10 percent of these industries
18 annually.
19 Well, what's interesting is when Rock and
20 Rail, Martin Marietta, whoever -- whatever their name,
21 Highway 34 facility, submits that quarterly, it's through
22 an electronic database, Net DMR. The exceedances are
23 flagged. No human being looks at them unless they're one
24 of the 10 percent that a compliance officer is going to go
25 out and inspect them that year.
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1 They go, "Oh, I'm going to out to Rock and
2 Rail. I better get my data. Oh, there's some exceedances.
3 I better talk to them about that."
4 MR. CHOATE: Three minutes, Mr. Chair.
5 MS. FENTON: Thank you. I'll be quick and
6 try to wrap up.
7 The interesting thing is there's no
8 violation unless they go out and they find an exceedance.
9 And there's no corrective action. If there's no corrective
10 action, that's then a violation.
11 So it's the wrong question to ask any
12 industry, "Do you have any violations?" The question is,
13 "Do you have any corrective action on board?"
14 I'll wrap up, because I think we need to
15 further explore why the pond that overflowed is not
16 permitted, because the permit is only for one outfall. And
17 why don't they have a groundwater hazardous waste permit?
18 Just because they say -- they infer it's not important to
19 the state because they don't require it, that doesn't make
20 a good neighbor.
21 As a hospital, even though the state
22 wouldn't require me to monitor bleeding, pain, and
23 impotence in a post-prostatectomy, that doesn't mean I'm
24 not going to monitor it, because it's important to the
25 community.
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1 So anyways, I leave you with the request to
2 please deny this application.
3 CHAIR FREEMAN: Okay. Thank you.
4 Okay.
5 MS. RHOADES: Good afternoon. My name is
6 Denise Rhoades. I live at 6771 Algonquin Drive in
7 Johnstown. And I'm a 33 -year resident of Indianhead.
8 So I'm here today to share with you a health
9 condition which also just developed for me recently. So
10 I've been working just the past four months from home due
11 to COVID. So my employer sent me home to work there
12 full-time.
13 I've been treated for many, many years for
14 allergies, that kind of thing, dust being one of those
15 allergies. And I've had it very much under control for
16 many, many, many, years with shots every three to four
17 weeks, medications.
18 Well, this year was a whole different ball
19 game. And what happened was instead of having a few bad
20 days, I had six weeks of absolute misery. And that has
21 continued. So that prompted me not only to go to my
22 allergist again and say, "What the heck is going on? Are
23 the allergens worse this year than ever?"
24 And he said, "No. This is a pretty typical
25 year. There is nothing on, you know, the pollen counts or
197
1 anything that shows it being really extraordinary."
2 So I'm like, "Well, what the heck is going
3 on?"
4 So still, after continuing to feel really,
5 really awful and working at home full-time now, I went to
6 the eye doctor who gave me a complete exam, did all of that
7 and said, "You know, let's try some of these drops." That
8 kind of thing.
9 So I did. Okay. So he came back. Long
10 story short, he has diagnosed me with chronic and severe
11 dry eye. And you may think, "Oh, my gosh. Dry eye. No
12 big deal. Take a few drops. Not a problem."
13 Well, having gone through this now and just
14 getting the diagnosis on July 7th, I can tell you that
15 that's not the case at all. What has happened now is my
16 life revolves around all the things I have to do for my
17 eyes.
18 Because I've now got a drop that I take
19 twice a day, Restasis, at a cost of $500 a month. I have
20 an anti-inflammatory, a steroid that I take now four times
21 a day at a cost of $100 a month. I have cleaning pads that
22 I have to use twice a day. I have other drops that get
23 done six times a day and then a gel I have to use at night.
24 So that's about $700 a month in additional cost to me for
25 going through this now, not counting all of my doctor's
198
1 appointments and things that have been going on.
2 And the fact that this now precipitates
3 itself with me being at home, increased operations and that
4 just, to me, gives me pause.
5 So, again, I would like to go back and
6 recommend that you please deny this.
7 CHAIR FREEMAN: Thank you.
8 MR. ANDERSON: Thank you. Don Anderson,
9 6897 Comanche Court, Johnstown. Thank you for the
10 opportunity to speak to the gathering.
11 I had some comments prepared that talks
12 about incompatibility, but I think we've talked about that
13 and heard that enough. But I guess what I would like to
14 reflect on, we've talked about dust.
15 I spent the bulk of my career, majority of
16 that in Weld County, trying to control dust. I started my
17 career back at the Farr feedlot, which is now
18 Producer's-Cervi, spent ten years at the Kuhner [phonetic]
19 yard and, unfortunately, was in front of this body more
20 times that I would like to recall because we had fugitive
21 dust leaving our property line.
22 And that was unacceptable to the County, and
23 we were ordered to mitigate that or find out a way to get
24 around it.
25 So I know that dust, even on a good day, you
199
1 basically can't control it. You can run all the water you
2 want to in the world, but you're not going to control the
3 dust from May to October when it's hot and humid. So I
4 just want to stress that.
5 And it's remarkable to me, this process, it
6 started since 2015. It kind of seems like a game of smoke
7 and mirrors, if you will. Martin Marietta applies for a
8 USR with conditions. We all knew those conditions couldn't
9 and wouldn't be met. Now all of a sudden, it's challenged
10 in the Court of Appeals.
11 The Court of Appeals rules against Martin
12 Marietta. It's remanded back to you folks for a redo, and
13 then Martin Marietta magically pulls Rock and Rail out of
14 their pockets saying, "Nope, we are under federal
15 jurisdiction now."
16 So my concern is if we approve this petition
17 or this application to rezone and it goes to an I-3,
18 there's really no rebut on anything they do there unless it
19 just becomes a civil case or an excessive complaint
20 process.
21 So I would request that you deny their
22 application for rezoning.
23 CHAIR FREEMAN: Okay. Thank you.
24 Next.
25 MR. STIPPICH: Thank you for the opportunity
200
1 to speak today. My name is Randy Stippich. I am a Weld
2 County contractor, as well as a Colorado native. As a
3 contractor that has not only worked with Martin Marietta
4 and Rock and Rail, as well as a customer of theirs, I
5 wanted you to know the impact personally that I have
6 experienced with them, one as a customer.
7 Once this facility was operational, the cost
8 savings impact for me to provide my services for
9 residential, commercial developments; road construction
10 is -- is a very, very large impact savings of having these
11 construction materials available to us more readily.
12 Unfortunately, we do have a depleting
13 resource for these types of construction materials. This
14 facility is now bringing them into the market from a market
15 that was not typically allowed -- or cost effective to go
16 towards.
17 From the standpoint as a contractor that has
18 been hired by Martin Marietta, I can tell you there's not
19 much of a better customer to work for or a client that
20 cares very much about the environment, the neighbors, and
21 the impact that they have in the surrounding areas.
22 I have been charged multiple times by them
23 to reclaim and wrap up sites for them. They are very, very
24 conscientious about the effect that they have on their
25 neighbors and the people around them.
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1 I would urge you to actually approve this
2 property. I think that it fits very well for where
3 Colorado, unfortunately, is heading with the amount of
4 growth. I like the growth, but it does come with some
5 negative impacts. But we do -- we're not going to stop the
6 people coming here. We have a very beautiful place we
7 live. A lot people want to share it. So -- but we do need
8 those impacts if we want affordable homes and properties.
9 CHAIR FREEMAN: Okay. Thank you.
10 MR. STIPPICH: Thank you.
11 MS. ROSS: I'm a millennial. My name is
12 Jacquelyn Ross, and I live at 6190 County Road 56,
13 Loveland, Colorado 80534.
14 I am here to just state that I've lived in
15 the area 30 years, born and raised. I live 100 feet from
16 the current -- the house that I grew up in, with my
17 7 -year -old daughter.
18 I, over the last two years, since the plant
19 has been in operation, my asthma has gone from controlled
20 to not controlled at all. I am having to use my nebulizer
21 four or five times a month when albuterol is not the
22 healthiest thing for an asthmatic. It's used for
23 short-term, not for two years.
24 My 7 -year -old daughter doesn't play outside
25 because she's also pre- -- like, on the way to her
202
1 asthmatic state as well. So we shut the windows because we
2 have the dust from the unloading station, which is just
3 across the road from us.
4 And she doesn't play outside. What
5 7 -year -old do you not allow to play outside? So with that
6 being said, I ask that you not rezone this to an I-3.
7 Thank you.
8 CHAIR FREEMAN: Okay. Thank you.
9 MR. ANEST: Hello, everyone. Thank you for
10 your time. My name is John Anest, and I own a construction
11 company. And we operate mostly in Northern Colorado in the
12 Weld County and surrounding counties.
13 And I have worked in the industry doing
14 construction for about ten years here. I studied at
15 Colorado State and went to school and decided to dedicate
16 the future of my life to the construction industry because
17 I know the importance in the community that construction
18 provides.
19 And as a student when I went to school, my
20 passion was in concrete. And I loved pouring concrete. I
21 loved building things with concrete. And that material has
22 been around for a long time, and it's a reason. It's a
23 great building material. And the other materials that they
24 provided out of that facility are vitally important to my
25 business.
203
1 We use their materials on all of our
2 projects. And we also work for them at their sites. And
3 the level that they hold the standards to at their sites, I
4 can assure you are at the highest in the entire state. And
5 Martin Marietta as a company requires that of us, and we
6 also require that of everybody that works for us. And
7 their standards that they do follow are from you all, and
8 they do require us do that, and we do it.
9 And as a new father, I take this
10 specifically prideful, because I have kids that I want to
11 be able to hand down my business to in the future. And if
12 facilities like this are not allowed to exist in rapidly
13 developing areas, I will not have a business in the future,
14 and I will not have something to hand my business down to.
15 So I urge you to approve facilities like
16 this and this one specifically. Thank you very much.
17 CHAIR FREEMAN: Thank you.
18 MR. LIGHTFIELD: Good afternoon. My name is
19 Keith Lightfield. I'm co-owner of Lightfield Enterprises.
20 Our address is 2600 Midpoint Drive, Fort Collins, Colorado.
21 My wife and I own a small business. We're
22 woman -owned, veteran -owned, and we perform concrete
23 flatwork placements, asphalt repair, and traffic control in
24 Northern Colorado.
25 A lot of our work is done in Fort Collins,
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1 Loveland, and Greeley. And a facility of this type could
2 support -- if strategically located, it would support all
3 of those areas.
4 By the way, I'm not a public speaker.
5 CHAIR FREEMAN: You're doing --
6 MR. LIGHTFIELD: -- so bear with me.
7 CHAIR FREEMAN: You're doing fine.
8 MR. LIGHTFIELD: We're in support of the
9 rezoning, and I do hear a lot of people here that have 'Not
10 in My Back Yard' syndrome. And we all enjoy the concrete
11 products, the asphalt products. And I dare say that this
12 commission has got to balance the need for -- for the
13 public along with the business sector.
14 And having it -- a facility in this area
15 would definitely be an asset to the area, not only to the
16 businesses, but neighborhoods that are springing up all
17 over the place in Weld County.
18 Again, we all enjoy those products. And I'm
19 just hearing nothing but NIMBY syndrome here today. Thank
20 you.
21 CHAIR FREEMAN: Great. Thank you.
22 Okay. Anybody else?
23 DR. WILSON: Hi. My name is Dr. Vicki
24 Wilson. I'm at 27790 Hopi Trail. And I would like to say
25 I don't have NIMBY syndrome. However, I do think that
205
1 these things are very, very real.
2 I'm thrilled for the gentleman who spoke
3 earlier who loved the trains and whose asthma was
4 miraculously cured by the environment around MMM. I am
5 thrilled. That's awesome.
6 He does not live there anymore and has not
7 for a while. And it has gotten so bad. We do.
8 I'm -- you know, in front of me right now
9 are many of you who have been to my home. Some of you have
10 been hosted there for your election gatherings, pig roasts,
11 RZR-riding with our kids or other things like that. You
12 are well aware of the cohesive family -friendly neighborhood
13 that we have. There are many young families. And as
14 you've heard -- and I'm repeating a bit, and I'm
15 sorry -- but there are retired folks like us with
16 grandkids. They come to play in our park that we built
17 specifically for them.
18 Craig and I personally have six grandsons,
19 ages 4 to 12. Each are very active and they're very
20 unique. The youngest, however, has asthma. And you keep
21 hearing this. It's got to start resonating, because there
22 are some severe issues.
23 He's 4. When he comes to our house to
24 visit, he plays hard. Sadly, when he goes home, this kid,
25 at 4 years old, often needs a nebulizer or breathing
206
1 treatment. And this is because of the extreme dust and
2 particulates.
3 And I would like to submit, I would love to
4 have any of you guys and your wives, if you have
5 them -- which I know some of you do -- come to my house. I
6 live a ways away. Do my dusting every single day. You
7 would absolutely be floored.
8 We've lived there 15 years. This is the
9 absolute worst, these last two years.
10 Anyway, it's particularly hard for me
11 because this is Grandma's house. He comes to play. He
12 goes home, and he has to have a treatment. Not at his
13 house in Windsor. Not at his daycare. Not at his other
14 grandma's house. But mine. And that really hurts me.
15 I would like to see you, please, deny this.
16 This is absolutely not fit for our NIMBY neighborhood.
17 CHAIR FREEMAN: Okay. Thank you.
18 Is there any other public comment? Okay.
19 MR. ANEST: Hi there. My name is Michael
20 Anest. I'm a contractor in the Northern Colorado area.
21 I'm here for my support for the zoning application.
22 Kind of hit on just new points that no one's
23 talked about, is just the area where they're currently
24 located is absolutely critical for the resources that we
25 need: Concrete and aggregate materials.
207
1 They could say, "Well, why can't they go ten
2 miles east?" But when you look at those projects and how
3 much growth is in that vicinity, having those materials
4 close by is absolutely essential. So that location, you
5 know, is a critical location.
6 You can't afford, in this
7 industry -- there's already such a shortage. It is so hard
8 to get concrete. I mean, we like -- in the summer like to
9 go early: 6:00, 7:00, 8:00 a.m. And we're -- there's just
10 such a shortage of supply now that we're having to pour at
11 noon when it's 110 degrees out, 105 degrees out, we got
12 guys out there working so hard when we should be pouring
13 earlier than in the afternoon.
14 And you can just see -- since I started in
15 this industry up here seven, eight years ago, just how hard
16 it is to even get materials. And even with facilities like
17 this in place, I mean, it's still -- barely meets the needs
18 for this growing area.
19 So I, once again, just want to appreciate
20 your time and just strongly recommend the zoning
21 application. Thank you.
22 CHAIR FREEMAN: Thank you. Okay.
23 Anybody else? Okay.
24 (Inaudible.)
25 MS. HOPP: Good afternoon, Commissioners.
208
1 I'm Ann Hopp. I live at 27570 Hopi Trail.
2 And I know you've heard many times about
3 dust and noise. And my -- my take on that is that the
4 berms and the barriers -- there's been one recently put up,
5 a cement wall-like thing. We can't tell if it's temporary
6 or permanent, but it's obviously not doing the trick. It's
7 not protecting us from illness and -- and the suffering of
8 lost sleep and everything else.
9 These berms don't really protect from the
10 noise that the -- the noise is generated by front loaders
11 and dump trucks moving huge piles of aggregate that operate
12 outside those barriers. And there's been studies done that
13 barriers like that show that they have limited
14 effectiveness, and in some cases even make noise worse.
15 The biggest limitation for our neighborhood
16 is that they're not high enough. Even the homes at the
17 west end of the subdivision are situated above the tops of
18 the barriers and the berms. And at the east end of the
19 subdivision, some of the homes are set 90 feet higher than
20 those barriers.
21 And in 2015, Commissioners accepted the idea
22 that these berms somehow mitigate the noise going into the
23 subdivision. If the Commissioners had looked at that more
24 closely at that time, and would have come into our
25 neighborhood and seen what we see and feel what we see and
209
1 experience what we see for themselves, we may not even be
2 here right now.
3 These barriers were intended to keep us from
4 seeing the dust. They just don't work because of all of
5 the aggregate moving in the plant. Even the train carts,
6 if they're left loaded and the wind kicks up, dust comes
7 right off of those. They're not going to water those down.
8 They can't keep them dampened down because they're not
9 going to water carts right on railcars.
10 If you travel County Road 15, as you saw in
11 all the pictures -- I know this is redundant, but all I can
12 say is what they're doing is not -- doesn't help the
13 incompatibilities that Rock and Rail doesn't really want us
14 to notice. We do notice them.
15 And so, lastly, this rezoning will allow
16 Rock and Rail to -- to yet inflict more detrimental
17 industrial exposure to us if they add asphalt or anything
18 else under that new zoning to our longstanding neighborhood
19 and other businesses surrounding us.
20 Our health and our well-being is at stake
21 here. Please place yourself in our shoes and in our homes
22 and deny this rezoning. Thank you.
23 CHAIR FREEMAN: Okay. Go ahead.
24 MS. ROSS: Janet Ross, 6248 CR 56, Loveland
25 80534.
210
1 Live directly south of Martin Marietta.
2 Martin Marietta, I don't believe is going to go away. I do
3 believe I-3 is the extreme for zoning. I would like to see
4 Martin Marietta or Rock and Rail, Gerrard, compromise to
5 what Dave suggested and do an I-1 USR to where not
6 everybody is going to be happy, but at least it'll mitigate
7 everything that's been talked about today.
8 They can parade people up and down who are
9 customers and are in construction and utilize their
10 product. Yes, their product is needed. Yes, it is a good
11 location. Do I like the location? No.
12 But I would like to see them at least work
13 with us and all the neighbors and do an I-1 USR rather than
14 the I-3 and the extreme.
15 If Martin Marietta goes away and it stays
16 I-3, we're stuck with whatever happens. There's no control
17 on 1-3.
18 If there was an I-1, a light industrial, it
19 would still address the needs of all the construction. It
20 would address the concrete. The asphalt, I'm not happy
21 about.
22 But it was said that we have a backyard
23 syndrome. That's not true. We want to see our
24 neighborhood be the best it possibly can. And I know my
25 position of support of an I-1 USR is not the most popular,
211
1 but I think it could work. And I do agree with Dave that
2 if they would take the time to do that, that this whole
3 situation hopefully could get resolved.
4 I do have a lot of train noise. I am right
5 near the unloading of the rock. I don't open my windows
6 because of it. But a lot of my dust comes from the traffic
7 that goes up and down my road as a dirt road. I don't want
8 to see it oiled. If it's oiled, then it's going cause
9 everybody to go even faster. But the trucks that go down
10 the road -- with the exception of Sun Haul -- they seem to
11 see a straight edge and just floor it. So that's where a
12 lot of my dust comes from.
13 But I don't believe Martin Marietta is going
14 away. I would like to either table this or deny the I-3
15 and see if they will withdraw it and compromise to an I-1.
16 Thank you.
17 CHAIR FREEMAN: Thank you.
18 MR. RENFROE: Good afternoon, Commissioners.
19 Thank you for your service.
20 I'm Scott Renfroe. I live at 3530 Diane
21 Place in Greeley. Been a -- born and raised in Weld County
22 and a lifelong contractor.
23 My father started a concrete business in
24 Greeley in 1972, and so we've done probably over 10,000
25 homes in the Weld County area. And I can tell you that
212
1 every contractor I have come across, the time I spent as
2 chairman of -- the president of Weld County Builders, what
3 we came up as our motto was, building your quality of life.
4 I can tell you that's what Martin Marietta
5 does, is they want to build your quality of life. That's
6 what every builder wants to do.
7 I can speak this as a contractor that
8 doesn't buy material from Martin Marietta. We actually by
9 millions of dollars from their competitors. And years ago
10 we used to buy some stuff from them, but it's been
11 tens -- decades since we've bought from them.
12 But I do know the people that work there and
13 the quality that they are. I toured their plant on 35th
14 Avenue years ago. In fact, my father lived across the
15 street from it and was very impressed with that one. And
16 with technology the way it's changed, I can only imagine
17 what has went into this one and -- and the efforts that
18 have been taken to take into consideration the concerns and
19 to mitigate as much as possible everything you can.
20 You can't mitigate away everything. We live
21 in the high desert. That's where we live. It is the high
22 desert. We try to water it. We try to grow grass. And we
23 try to build things. But in reality, this is the high
24 dessert that we live in, and you're going to have dust.
25 And we can do our best to do it, and I think they do the
213
1 best that they can to protect that.
2 So on the other end of things, I can tell
3 you, I want to repeat one thing some -- I heard from some
4 of the builders, is the price of product is essential. We
5 try to build the cheapest homes. People the
6 affordability of homes is a huge item. And this is so
7 centrally located that what they do and how they bring
8 their product in, as I think seeing our prices stay lower
9 to help us build a quality house at a cheap price because
10 of just their presence in the industry and what they do.
11 And without that, you would see trucking
12 in -- massive amounts of trucks. What is it? 400 trucks
13 to one train. And the type of product costs that you have
14 in that, it would make homes more unaffordable than they
15 are today.
16 So with that, I know you have a hard
17 decision, but I would ask for your support for Martin
18 Marietta today. Thank you.
19 CHAIR FREEMAN: Thank you.
20 Okay. Any others? Any other public
21 comment?
22 DR. WILSON: Hello. I'm Dr. Craig Wilson.
23 I practice in Greeley. I've been in Weld County and
24 Greeley for 44 years, taking care of five generations of
25 patients.
214
1 I was actually here five years ago and got
2 kind of ridiculed by the Commissioner and by the so-called
3 experts from CU Health because of my concerns and worries
4 about what was happening in that neighborhood and that
5 whole area of Weld County.
6 Well, now five years later, I've got
7 multiple patients that I care for in that neighborhood and
8 in that vicinity. And I've had at least 11 cases of what
9 we call reactive airway disease just in that one little
10 neighborhood alone.
11 And it wasn't a cause of dust from farming.
12 It wasn't even because of dust from the construction near
13 it. It's been in the last two years since the production
14 of concrete.
15 How do I know that? Well, I see the people
16 leave. I treat them. They go off. They're gone. They
17 come back. Their symptoms start up again.
18 So I blame that for the dust in the air,
19 from Weld County, because the high desert? No. It's this
20 area.
21 We know that that particulate matter lodges
22 in the lungs and causes an inflammatory process. And that
23 inflammatory process accelerates asthma, COPD. If they
24 have diabetes, it gets out of control. If they have
25 coronary artery disease, it can accelerate that.
215
1 So, again, safe harbor protects this
2 company, this large company from many, quotes, accidents.
3 But that doesn't protect my patients, which I care about
4 the most.
5 The economic development? I'm sorry, I
6 don't care. I care about people. That's what I have done
7 for 40 years in Greeley and Weld County. And to hear that
8 I am sacrificing health because of this, that's why I'm
9 here speaking again five years later.
10 To add to that, I want to give you this
11 little bit of information that I've accumulated. It's just
12 now in the middle of our -- in the middle of our COVID
13 crisis and pandemic. We've got a new article here about
14 the nature of air pollution and how it increases the
15 morbidity and mortality of COVID by 10 percent. So
16 10 percent more people die from this illness if they're
17 exposed to this kind of particulate matter.
18 That's all I have to say. Questions for me?
19 CHAIR FREEMAN: Thank you.
20 Okay. Is there any other public input?
21 Okay. Seeing no further public input, we
22 will go ahead and close public input. We will go ahead and
23 bring the applicant back up.
24 MR. CONNOLLY: Commissioner, since there was
25 a lot of public comment, can I ask for five or ten minutes,
216
1 just to discuss amongst ourselves?
2 CHAIR FREEMAN: Sure.
3 MR. CONNOLLY: Okay. Thank you.
4 UNIDENTIFIED SPEAKER: Recess?
5 CHAIR FREEMAN: Yeah, we'll take it.
6 (Recess.)
7 CHAIR FREEMAN: So we'll go ahead and
8 reconvene.
9 So before you get started, how much time do
10 you think you need to --
11 MR. CONNOLLY: You're asking a lawyer that.
12 CHAIR FREEMAN: The reason I ask --
13 MR. CONNOLLY: Twice the available.
14 CHAIR FREEMAN: Here's the reason I ask.
15 Here's the reason I ask, is because this is a little
16 bit -- this is, quite honestly, a little bit different than
17 a USR, right?
18 MR. CONNOLLY: Yes.
19 CHAIR FREEMAN: With a USR, you come back
20 and you answer all the questions about Development
21 Standards and all of those kind of things.
22 So in this one, if you want to take a few
23 minutes to respond to some of the comments. But really,
24 the questions and comments that you need to address are the
25 Conditions of Approval only. Because there are no
217
1 Development Standards on a Change of Zoning. That's where
2 I was going.
3 MR. CONNOLLY: Yeah. So if I could, I mean,
4 I will try to keep it short on the responses to the public
5 comment that you've heard.
6 CHAIR FREEMAN: Okay.
7 MR. CONNOLLY: I'll be happy to take your
8 questions on anything that you've heard. The Conditions of
9 Approval that have been placed -- that have already been
10 placed in your packet, we are in agreement to all of them.
11 CHAIR FREEMAN: Okay.
12 MR. CONNOLLY: So --
13 CHAIR FREEMAN: So really what it is -- so
14 really I think where we're at, then, is, you know, take a
15 few minutes to respond. And then I think there's a number
16 of questions from up here. And we'll just kind of go in
17 that route.
18 MR. CONNOLLY: Sure. Sure.
19 So if I may, I'm going to start by
20 responding to some of the legal argument that was made by
21 Mr. Lacis. And then the comments, as I indicated in my
22 prior presentation, really dealt with issues of uses,
23 views, noise, dust. And then there were some comments
24 about stormwater and about property values. So I'll just
25 address those kind of in order.
218
1 Looking at the legal issues, so I want to
2 make clear that what we are doing here today, what we are
3 requesting is that the rail operation, the train itself be
4 left under ICCTA where it belongs. And the County Code
5 does not regulate railroads. So -- so if -- if -- even if
6 that were found not to constitute rail transportation under
7 ICCTA -- I don't know how that would be the case -- but the
8 County Dode does not regulate rail systems.
9 What we are asking is to put everything else
10 on the site under your jurisdiction, both for regulation
11 and for enforcement. So that every one of the issues that
12 you heard about today, if it's us, send someone out and
13 enforce it against us. That's what we are asking for.
14 So a few other legal issues that were raised
15 by Mr. Lacis. And I think that goes to this issue of Rock
16 and Rail, you know, supposedly hedging its bets. That's
17 not true. Rock and Rail has wanted to build out this site
18 since day one. And we are here before you to ask for the
19 ability to do that under your Code. So this is not about
20 hedging bets.
21 Now, it is true that there is a federal
22 trial coming up. We don't know when that will be ruled on.
23 There will undoubtedly be an appeal in that. It could be
24 years before that gets resolved.
25 So we are asking for the ability, under
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1 county zoning, to continue uses that are out there today
2 and to move forward with the other uses that have been
3 proposed; namely, the asphalt plant.
4 Now, Mr. Lacis made an argument about this
5 being spot -zoning. That is -- that could not be further
6 from the truth, and I think he misrepresented the law to
7 you.
8 There is no provision about spot -zoning in
9 the United States Constitution or the Colorado
10 Constitution. There has never been a case, to my
11 knowledge, in Colorado that deals with constitutional
12 questions about spot -zoning.
13 Spot -zoning is a question about the Zoning
14 Enabling Act and whether or not the zoning is conducted in
15 conformance with a Comprehensive Plan.
16 And Mr. Lacis did read the quote correctly
17 from Clark versus City of Boulder, which says, "In
18 determining whether spot -zoning is involved, the test is
19 whether the change in question was made with the purpose of
20 furthering a comprehensive zoning plan or designed merely
21 to relieve a particular property from the restrictions of
22 the zoning regulations."
23 So, first of all, we are asking to be
24 subjected to the zoning regulations, not to be relieved
25 from the zoning regulations.
220
1 And, secondly, this is in accordance with
2 the Comprehensive Plan. While Mr. Lacis made some
3 arguments to you about, you know, why we're not in
4 conformance with the Comprehensive Plan, well, again, the
5 industrial provisions of the Comprehensive Plans, they put
6 industrial zoning along railroads. And the agricultural
7 provisions of the plan support keeping agriculture in
8 non -urbanizing areas of the county and allowing re -zonings
9 in areas where there is an Urban Development Node.
10 This is in conformance with the
11 Comprehensive Plan. So there is no issue of spot -zoning
12 here today.
13 Now, I'll turn to talking more through some
14 of the issues that have been raised. And so I have some
15 slides just to start. So I think for purposes of today's
16 hearing, issues of noise and dust and stormwater, those,
17 again, are site -planning issues or enforcement issues.
18 They're not really issues that are necessarily zoning
19 issues. So I want to start with uses, but I do want to
20 touch on some of the other items that have been raised
21 since it's been suggested that those create
22 incompatibility.
23 So with respect to uses, this is a slide
24 that CLR-34 showed the Planning Commission to show how
25 awful this would be because of all these new uses that are
221
1 being introduced on this property.
2 So let's take a look at a few of them. So,
3 again, I told you earlier -- and this -- this comes from
4 your Code. Your Code prohibits this property from being
5 used for adult businesses or domestic septage or biosolid
6 uses. They are just not allowed. So we don't have to
7 worry about those.
8 The uses that I've got arrows pointing to on
9 this list, in the second set of arrows, those are all
10 allowed in the Agricultural District. They may be allowed
11 by USR, so you still have to make a judgment whether the
12 USR achieves compatibility. But by virtue of being located
13 in the Agricultural District, you, as a Board, or your
14 predecessor Boards, have made a determination that they are
15 presumptively compatible, again, subject to processing the
16 USR.
17 So, again, I want to make clear that, yes,
18 there is a long list of uses in the I-3 zone. Many of them
19 are either already presumptively allowed here, or they may
20 not be allowed at all.
21 This is a list that I put together of all
22 the uses in the I-3 district. And what I did was I took
23 out the uses that are also allowed in the Agricultural
24 District, except where I have them noted. So, again, we
25 can cross out uses like adult businesses, biosolids, and
222
1 domestic septage.
2 And then there are several other uses which
3 I have highlighted, some of which are already allowed by
4 USR in the Agricultural District. And there is no
5 question, Commissioners, that some of these uses would have
6 impacts, were they to exist on this property. But you have
7 regulations that deal with this.
8 So take, for example, up in the top, right,
9 corner: Racing facilities. A car -racing facility is
10 allowed in the I-3 district, subject to a site plan. It
11 also requires this Board to approve a special event permit
12 every single time a race was held. So -- so every single
13 time that came before you, you would have to approve it.
14 Looking at other uses likes custom meat
15 pressing, organic fertilizer production. Those are uses
16 that they certainly could create odor, for example, again,
17 allowed by USR in the A District. And, again, there would
18 be air quality regulations that would apply to them, and
19 you would have enforcement capacity over them.
20 All that being said, Rock and Rail intends
21 to use this property for a -- for a transloading facility
22 and concrete and asphalt mixing. So while you have to
23 consider these uses and consider the limitations on them,
24 just know these uses are not what is being considered for
25 this property.
223
1 Now, Mr. Kisker pointed out that there are
2 some properties out there that we may have color -coded on
3 the map based on their zoning that aren't used for what
4 they're zoned for. So he pointed out the northeast corner
5 of Highway 34 and County Road 13. It is zoned for limited
6 industrial. It is currently used for agricultural. It is
7 not developed yet.
8 That means that the Town of Windsor, though,
9 made a determination that industrial uses are compatible
10 with uses in the area. Highway 34 and County Road 13 on
11 the northwest corner, zoned mixed use in the Town of
12 Johnstown. So also a decision was made that that -- those
13 uses would be compatible with the surrounding area.
14 Same thing is true at Highway 34 and County
15 Road 17. Same thing is true along Larimer County Road 3.
16 So this map is not intended to deceive
17 anyone. This map shows existing land uses and existing
18 zoning.
19 I understand that there are some USRs that
20 have allowed commercial uses that are reflected in red on
21 here. That is true. I also understand that there are
22 properties that are zoned industrial that are not presently
23 used for industrial.
24 But the decisions were made that those uses
25 are compatible with surrounding uses. It's supposed to
224
1 give you a general picture of what has been approved out
2 there, what is out there, and how those decisions have come
3 about.
4 So, again, it shows a wide mix of existing
5 and zoned uses in the area. It shows that residential uses
6 frequently coexist with industrial and commercial uses in
7 the area. And it shows infrastructure.
8 So I want to get back to this point.
9 Commissioner James, you've raised the question about
10 compatibility with existing uses. Compatibility with
11 existing uses is achieved on this property. Set aside
12 zoning, we'll set aside future lands use plans. Existing
13 uses, compatibility with them is achieved.
14 We have physical and operational limitations
15 that help us achieve compatibility with residential uses.
16 You've heard about those. I can go into more detail about
17 them momentarily. And very little of this property
18 actually touches the residential property.
19 We have various industrial and extraction
20 uses in the property -- in the area. To the west of us, in
21 the Town of Johnstown, there is an industrial park. Canyon
22 Bakehouse is there. It's rail -served. It has a lot of
23 truck traffic in and out of it too. I believe there's a
24 Coca-Cola -- or Pepsi plant -- Coca-Cola plant there that
25 has -- a significant amount of truck traffic that comes in
225
1 and out of it.
2 There are excavating businesses and
3 extraction uses throughout the area. There's an oil and
4 gas use on adjacent property. And most importantly, there
5 are railroads. Railroads are an existing land use that
6 needs to be considered as part of the compatibility
7 analysis.
8 I won't go through this in detail. Angela
9 showed all these slides to you earlier and showed
10 distances, buffering between industrial uses and -- and
11 residential uses in the area. Rock and Rail provides a
12 greater buffer than all of the ones that she showed. It is
13 an industry standard. It is a best practice in terms of
14 buffering.
15 Let's turn to the views. So Ms. Friede was
16 the one who really touched on views as part of her
17 presentation. And I will say that -- I got married last
18 year. And when my wife was looking for a wedding venue for
19 us to get married at, she was thinking about things like
20 views and, you know, what -- looking at reviews of all the
21 kind of wedding venues that are out there. And one of the
22 websites that she looked at was a website called The Knot,
23 which is a wedding website that is often used for wedding
24 planning purposes.
25 Ms. Friede indicated that all of these
226
1 issues are present at. her property. There's an industrial
2 setting, views of the asphalt plant, noise.
3 So I went to look on The Knot at reviews of
4 Ms. Friede's venue, Rockin' S Ranch. And I actually have
5 to commend her, because she gets a consistent five-star
6 review from every one of her reviewers. That means she
7 runs a very good operation. And I so I applaud for that.
8 That being said, I went and checked out some
9 of the reviews and what they might have to say about issues
10 of views or noise from this facility. So let me just
11 highlight a few of them.
12 On June 5, 2020, a review was posted which
13 said: "The charm of the place is unrivaled." On
14 October 31, 2019, a review was posted which said: "The
15 view of the mountains is unbeatable, especially at sunset."
16 This is, again, after this facility has been
17 built, after it's been in operation.
18 October 12, 2019: "The backdrop of her
19 ranch made for some amazing photos, and the mountain view
20 was awesome." August 12, 2019: "Most of our guests were
21 from out of state and were in awe of the incredible view of
22 the Front Range from anywhere on the property." June -- or
23 July 15, 2019: "Views are great." And it goes on to say,
24 "And Chris was awesome."
25 I commend her for running a good operation,
227
1 but if these are to be trusted, if these are real
2 reviews -- which I think they are -- then it would seem
3 that views from this property are not an issue.
4 And then I went to look at her website.
5 These are marketing photos from Rockin' S Ranch. This one
6 of this couple along the lake has a train behind it. She's
7 using these as marketing photos. Unloading facility behind
8 the event -- the altar. The concrete plant in the
9 background of her facility. She uses these for marketing.
10 How can this be a problem?
11 Another complaint about views -- this is
12 from the Planning Commission presentation. Mr. Oplinger, I
13 believe, took this photo from his deck on June 9th. This
14 is a photo taken with a telephoto lens at 1,300 feet away
15 or 1,400 feet away from the concrete plant, when the plant
16 was fully operating. And there's no dust shown.
17 The rest of his view is a panoramic view of
18 the Rocky Mountains. He had to take a telephoto lens to
19 get this close-up of this plant as obstructing his view.
20 So, again, significant efforts have been
21 made to preserve views here. And by -- by these accounts,
22 I would suggest to you that they have been acceptable and
23 that they work.
24 Mitigation measures that have been taken.
25 Again, architectural treatment of the concrete plant. It's
228
1 1,300 or 1,400 feet, quarter -mile away from the residential
2 properties. The berming and buffering is not intended to
3 screen everything, to be clear. But there are 15 to
4 25 -- 15- to 20 -foot -high berms that block views of most
5 operations on the site.
6 And the landscaping -- which I know some
7 people have complained about the landscaping. It is
8 intended to be native prairie grasses. It is not intended
9 to look like the Black Forest or something on this berm.
10 It's supposed to be native prairie grasses.
11 So let's turn to noise. We heard some
12 complaints about noise. So this was presented to you today
13 that I-3 would remove all controls. That is not true.
14 Again, we are currently operating with no noise controls.
15 County zoning of this would allow for noise controls on the
16 non -rail operations.
17 So the -- CLR-34 has presented some noise
18 studies to you, and I think there are some important
19 questions to be raised about the noise studies that they
20 provided.
21 The first is their qualifications to conduct
22 the noise studies. Second is how they calibrate their
23 meters. The methodology and the consistency of their noise
24 studies. The location of their meters per best practices,
25 industry best practices for acoustical engineering. What
229
1 the wind speed was during each recording period. The
2 measurement metrics and how they integrated those. And
3 then whether or not they isolated non -plant noise.
4 There was a report prepared by Dr. Kisker
5 about noise -- noise measurement. Again, it doesn't answer
6 most of those questions. And it admits an inability to
7 decipher every sound.
8 The neighbors also presented this chart,
9 which they demonstrated as being a composite baseline.
10 This is what they used to measure plant noise against
11 what's out there in an ambient environment.
12 So this is taken at night from about
13 9:30 p.m. until 5:30 in the morning. So there's little
14 traffic on Highway 34. There's little ambient background
15 noise from that source. No birds. There's little
16 over -- aircraft overflight. The Rock and Rail was not
17 operating during this time.
18 So it's just -- it's difficult to compare
19 this as the ambient baseline when it's taken overnight.
20 That even being said, this is a noisy area, and this shows
21 that it's a noisy area. Because after 3:30 a.m., the noise
22 level -- the ambient noise level, without the plant
23 operating, violates the County's Residential noise
24 standard.
25 So this is a noisy area. I will -- I
230
1 will -- I will completely agree with anyone who says that
2 there is noise here.
3 So then let's look at a few of the other
4 charts they have showed as well. This is from May 21st of
5 2020. So if you compare this against their composite
6 baseline chart, what it shows is that the morning hours,
7 this is likely just background, ambient noise, because this
8 is consistent with their baseline.
9 And then what it shows is momentary spikes
10 that are measured on a 2 -minute -and -50 -second interval,
11 which is not consistent with typical industry standards for
12 how you would measure noise. And it's also not clear
13 whether those are attributable to the plant. They could be
14 a car door slamming. It could be a plane. It could be a
15 bird.
16 Again, there has not been any identification
17 of where that noise comes from.
18 Same thing is true here. This shows where
19 the train arrives and departs. Again, the train is
20 exempted not only from noise standards because of its
21 regulation under federal law, your Code actually exempts
22 railroads from noise regulations.
23 So a locomotive that blasts its horn is
24 exempted under your Code. The noise is -- it
25 shows -- first of all, all this noise is well within the
231
1 Industrial standard. It's well below it, actually. The
2 Industrial standard is right here. So it's actually well
3 below the industrial standard.
4 There's some identified loud noises. We
5 don't know what the interval is. Again, so some problems
6 with measurement.
7 Then today, Mr. Oplinger introduced this
8 idea of the inverse square law, which is a general rule of
9 thumb for measuring sound transmission in basically an
10 environment that -- where -- where you assume there's no
11 weather. There's no absorption of sounds. There's no
12 ambient sound.
13 So what this shows you is that noise
14 generated from this property would be audible at I-25 and
15 Highway 34. We know that's not true. I mean, there's a
16 lot of noise at I-25 and Highway 34, but we know that it's
17 not true that that noise is coming from this facility.
18 So the inverse square law that Mr. Oplinger
19 is presented is based on several key assumptions; that
20 there's no topographic change from the noise source, so
21 flat land. There is a little bit of topographic change.
22 And more importantly on this site, there's berming to avoid
23 noise transmission. There are no barriers, no sound
24 barriers. I'll talk through that in a minute. No
25 atmospheric absorption noise. So based on weather changes,
232
1 noise can be absorbed into the atmosphere. No ground
2 absorption, and no other sound sources.
3 So this is not a good rule of thumb for
4 determining noise transmission from this facility, because
5 all of these factors are -- are -- are out there with
6 respect to this facility.
7 So I mentioned earlier that we -- having not
8 heard complaints about noise from CLR-34 before we arrived
9 at the Planning Commission hearing, we then went and
10 commissioned Behrens and Associates to come out and measure
11 noise from the -- from the facility in accordance with how
12 the state and the county would measure noise. So taking
13 the train out of the equation and measuring noise from
14 normal operations of this facility.
15 This map that's up here right before you
16 shows what Behrens came up with in their initial noise
17 analysis. So this is based on actual data collection.
18 Again, assumes normal daytime operations. No train
19 on -site. This -- this does take account of the existing
20 berming and buffering and everything that was out there
21 until three weeks ago.
22 So it shows a sound level of 55 decibels,
23 which is the Residential limit. Basically -- I mean, it's
24 a little -- a little louder as you get closer to the
25 subdivision boundary. But it shows the 55 contour line
233
1 basically running right into the neighborhood.
2 So -- so for everyone who was inside -- or I
3 should say outside of that 55 contour, we achieved the
4 residential noise level and during normal daytime
5 operations. For those folks on the edge, it was a little
6 louder.
7 So Behrens came back, gave us this data.
8 And we said, "What can we do about it?"
9 And they said, "Well, let's go back and look
10 and we'll, you know, identify some potential things that we
11 could do to mitigate sound."
12 And so what they did, was they identified
13 where noise was coming from and installed some, yes,
14 temporary sound walls, because we wanted to see whether
15 this solution would work to mitigate noise. Those
16 temporary sound walls are right here. They're shown in
17 black.
18 So, again, these numbers are based on actual
19 data collection after those sound walls were installed. It
20 assumes normal daytime operations at the plant, no train,
21 all the existing mitigation measures, plus new sound
22 barriers.
23 And Mr. Kisker confirmed in his presentation
24 that we are now well -- well below the residential noise
25 limit. We are actually well within the 40- to 45 -decibel
234
1 range.
2 And what's curious -- I mean, Mr. Oplinger
3 made the comment that -- he said that it's physically
4 impossible to mitigate noise here. But Mr. Kisker
5 acknowledged that these are the noise levels that are
6 coming from the plant.
7 So not only are we well below the industrial
8 level, we are well below the residential level.
9 These are photos of the sound walls that
10 have been put up. As I said, they are temporary. Should
11 the Board approve this rezoning today and should we
12 continue to build out this site, we will find a way to make
13 these permanent. We will optimize this solution to make
14 them permanent.
15 And I would also just note that
16 these -- these barriers are absorbative. They are made of
17 special material to make them absorb sound so that it
18 doesn't -- it's not like it bounces off the wall and then
19 goes every which way, right? They are made to absorb
20 sound.
21 So we -- we are committed to finding a way
22 to make these permanent.
23 COMMISSIONER MORENO: How tall are they?
24 UNIDENTIFIED SPEAKER: Those are 20 feet.
25 MR. CONNOLLY: 20 feet?
235
1 20 feet. 24 feet. And they -- this is the
2 concrete plant on the left side. So they are -- they are
3 placed quite close to the concrete plant because we
4 determined that a lot of the noise of course was right
5 here, right at sort of the base of the concrete plant.
6 This is just a zoom -in on where those
7 maps -- or where those barriers are. So, again, we're
8 committed to continuing this kind of mitigation.
9 This is in the noise report that was
10 prepared by Behrens, and I thought -- I actually just
11 thought it was interesting, because it shows kind of
12 decibel levels of common things that you hear.
13 So all the way up there at the top is a rock
14 band at 110 decibels. And then all the way at the bottom,
15 the lowest audible one is at 10 decibels, the broadcast and
16 recording studio.
17 So if you take that 40 to 45 level where
18 we're at, what it equates to is it comes in kind of between
19 a small theater or large conference room, if you're indoor,
20 and a large business office or a dishwasher in the next
21 room over, if you're indoors.
22 And then on the other side, it kind of goes
23 between the quiet urban nighttime and quiet urban daytime
24 sound level, the quiet suburban nighttime sound level at
25 the lower end.
236
1 I do want to make one clarification on
2 railroad noise. So there's this kind of discussion of,
3 okay, the railroad is regulated under federal law. The
4 County does not regulate the railroad noise. And so I
5 think there's some confusion over what would be regulated.
6 Again, concrete mixing operation, asphalt
7 operation, all the operations on the site besides the rail
8 would come under County regulation.
9 There's been some complaints about the train
10 noise. Since the plant commenced operation -- I just want
11 to give you a sort of an outline of how the train works,
12 right?
13 So since the plant commenced operation in
14 2018, there have been exactly 70 trains that have arrived
15 and departed from the site. So we're not talking a train
16 every day. It's about -- averages three trains a month.
17 But it is more during the summer months.
18 So you can see here that the highest month
19 was eight trains. Eight trains arrived and departed the
20 site in September of 2019. There were no trains in
21 January. There was one in February, two in December, four
22 in November, and so on.
23 And as far as unloading goes, the train is
24 never unloaded before 7:00 a.m. So the earliest unloading
25 that -- that the train has ever done was at 7:16 a.m., and
237
1 the latest was at 4:50 p.m. So -- and, again, that's what
2 Rock and Rail can control in terms of driving the train
3 around the track and unloading the -- at the facility.
4 So this is just a list. I'm not going to
5 read through it. These are all the existing control
6 measures that we have in place on noise. And these are the
7 additional measures that we've taken since what we
8 have -- since we have heard complaints at the Planning
9 Commission.
10 And, again, we would invite if -- if any
11 member of the public has concerns about noise from this
12 facility, please contact us. We are willing to make the
13 changes.
14 So these are some additional measures we
15 have taken, as I discussed earlier. We've got the sound
16 control wall. We switched backup alarms. We've added more
17 signs, ensuring that we've got quiet zones with respect to
18 backup alarms. There have been some additional rail
19 measures that have been taken to reduce brake noise, squeal
20 as it goes around the track.
21 I did want to make one comment about
22 Mr. Piraino played a recording for you of noise from the
23 railroad. That noise does come from the railroad, and what
24 that noise is, is that -- it's bleeding off the brakes of
25 the train cars once operations cease. And so that goes on
238
1 for about 30 seconds, and then it ceases.
2 (Unintelligible audience comment with
3 laughter.)
4 MR. CONNOLLY: There was also a comment made
5 about the noise measurements that were taken by Behrens.
6 And I will say -- there is a representative from Behrens
7 here who I'm sure will be happy to answer any questions you
8 might have about noise.
9 The Code says that you don't measure noise
10 when there's high wind speeds. So when there's wind speed
11 above 5 miles per hour, you don't measure the noise because
12 you can't capture the noise because of all the wind that's
13 coming into the microphone.
14 So where there are brakes in those charts
15 that appear in the noise report, those are because
16 there's -- there's higher wind speed, above 5 miles an
17 hour.
18 Okay. Turning to dust. So it seems
19 that -- it seems that dust was a major concern that was
20 raised today. And I want to be abundantly clear that to
21 the extent that anyone has concerns about the air they're
22 breathing, those are serious concerns. And we do not want
23 to be contributors to that issue. And I think there are a
24 few things that I would like to share with you.
25 So -- so -- and I'll show those through some slides.
239
1 First of all, while -- while we sympathize
2 and understand the concerns that have been raised, there
3 seems to be some confusion about whether it is this
4 facility that is generating dust or something else. And I
5 have some photos that will show you on that point.
6 I would also point out that what we heard
7 about was not -- was not dust being generated from the
8 concrete plant. We heard about dust generally from the
9 site being generated.
10 And so, again, the County does not regulate
11 railroads; and so if the concrete plant goes away, even if
12 there were dust being generated from this site, it would be
13 generated anyway.
14 But let me just -- I mean, I want to go
15 through and show you, again, why we believe that this dust
16 is not being generated from this site. And I think we've
17 got things that will show you.
18 So first of all, since the commencement of
19 operations of this site, there have been zero complaints
20 that have been filed with CDPHE regarding air pollution
21 from this cite. Zero complaints.
22 So you heard from a lot of people today
23 about asthma, about dust inhalation, so -- and I don't want
24 to discredit the fact that -- I mean, I have allergies too.
25 I know what it's like. I don't want to discredit anyone's
240
1 allergies. But if -- if this is a serious problem from
2 this site, there is an enforcement agency that will -- that
3 will go out and take action over this. And zero calls have
4 been made to that enforcement agency.
5, There was, again -- there was one complaint
6 that was made with the County since this site commenced
7 enforcement. No violation was found.
8 This is what the complaint record reads:
9 "There was a complaint of dust from truck traffic at the
10 Rock and Rail facility." It says, "Will follow up. Went
11 out to the area, there was truck activity onsite, but there
12 were no visible emissions observed from any activity
13 occurring. No opacity reading conducted as there were no
14 visible emissions."
15 And then there was the one other incident
16 that I mentioned before where Rock and Rail had a -- there
17 was a shut-off valve that went bad. Facility was shut down
18 within 15 minutes, and that was repaired.
19 I do want -- I don't believe this is in your
20 packet, but I do want to read into the record something
21 from the air permit for this facility, because I think it's
22 important.
23 So the -- the header -- the heading says,
24 "Particulate Emissions Control Plan For Material Processing
25 Activities." "The following particulate emissions control
241
1 measures must be used for compliance purposes on the
2 activities covered by this permit as required by the Air
3 Quality Control Commission."
4 It cites a regulation then. "This source is
5 subject to the following emission guidelines: A,
6 processing activities. Visible emissions not to exceed
7 20 percent opacity. No off -property transport of visible
8 emissions.
9 "Haul roads. No off -property transport of
10 visible emissions must apply" -- must apply -- "to on -site
11 haul roads. The nuisance guidelines must apply to off -site
12 haul roads."
13 "Haul trucks. There must be no off -property
14 transport of visible emissions from haul trucks when
15 operating on the property of the owner or operator. There
16 must be no off -vehicle transport or visible emissions from
17 the material in the haul trucks when operating off of the
18 property of the owner or operator."
19 That comes from, again, the -- the air
20 permit.
21 And it also says, "Material stockpiles must
22 be watered" -- this is another control measure -- "must be
23 watered as necessary to control fugitive particulate
24 emissions. Aggregate materials must be sprayed with water
25 during material loading into storage bins or stockpiles if
242
1 moisture content is insufficient to meet opacity
2 standards."
3 Now, one point on that. There was a photo
4 that was shown to you that showed -- you may have
5 remembered it, the train was unloading and there was a dust
6 cloud that came from where the train was unloading. That
7 day, it turned out that the -- whatever the water source
8 was that's -- that was used to control dust there had been
9 depleted. Shortly -- I think -- I assume around when that
10 photo was taken, it was replenished, and then dust control
11 continued at that location.
12 So active measures are being made to ensure
13 that dust control is being undertaken.
14 Now, I don't have -- I don't have these for
15 every photo that was provided do you, nor do I think it
16 would be particularly helpful to you.
17 But this is a photo that was provided to
18 you, I believe this morning or yesterday that shows some,
19 you know, dust in the -- in the area of the facility. This
20 is the sound wall that is on top of the berm, and so the
21 train track is right behind it.
22 And so when you look from this
23 property -- and this is in Indianhead Estates. When you
24 look from this property, you might say, "Wow, it looks like
25 there's dust coming from the Rock and Rail facility."
243
1 Well, Rock and Rail has cameras on its site
2 that it uses, in part, to watch for dust emissions.
3 So this is a photo of -- this is just a
4 still image from that camera that shows that exact same
5 dust cloud. It's hard to see, just even the contrast here,
6 but it's in where that highlighting is. So that dust cloud
7 is coming from off -site. So, yes, it looks like there's a
8 dust cloud over in the area of the Rock and Rail facility.
9 But what that shows is it's not on -site.
10 There's a lot of construction that happens
11 in this area. There are dirt roads. There's agricultural
12 activity. There are dust -producing activities in this
13 area. And so, again, we understand the concerns. We
14 sympathize with them. This is not us. And it is very
15 costly for Rock and Rail to have a violation of its -- of
16 its air permit.
17 And so, you know, if there's a concern, call
18 CDPHE. If they -- we would -- if CDPHE wants to come out
19 and investigate this property, it is entitled to do that,
20 and we will ensure that we are in compliance.
21 Now, again, more photos. They're telephoto
22 lenses. They're intended to magnify the problem. They're
23 all -- many of them are taken on hazy days. Here's a day
24 where you can't see the mountains. These are in the
25 winter, so we have obviously a lot of inversion days in the
244
1 winter. These are, again, during winter. This one's on
2 June 1st, from the Rockin' S Ranch.
3 The accepted air quality standards, first of
4 all, require that any -- any measurements of dust be taken
5 when the sun is behind you, not when the sun's in front of
6 you. Because it always looks dustier when the sun is in
7 front of you.
8 The opacity of the dust in any of these
9 circumstances from the Rock and Rail facility does not
10 exceed the permissible levels. And, importantly, we have
11 not seen a single photo of dust transmission to Indianhead
12 itself. We have not seen a photo that shows dust blowing
13 into Indianhead.
14 And some of these photos were even taken on
15 days when the plant was not in operation. So this one,
16 which was shown to you today, was January 13, 2019. It was
17 a Sunday. There were no operations on the site. It was a
18 hazy day, and the dust appears to be blowing. You can
19 actually kind of tell, based on the direction of this dust
20 cloud, that it appears to be blowing from the northwest,
21 which is the exact opposite side of the property from where
22 the stockpiles on this property are located. So it's not
23 us.
24 This was submitted by -- by CLR-34 as part
25 of its collection of dust photos. This is Indianhead
245
1 Estates. It looks clear to me.
2 There was an air quality report that was
3 prepared for you which contained no measured data about
4 dust emissions from the property. It contained interviews
5 of people in Indianhead who complained of allergy issues.
6 Again, I have serious seasonal allergies. I understand.
7 It's bad.
8 There was no isolation of whether the
9 particulates were generated at Rock and Rail. And in fact,
10 the report itself says it doesn't establish a
11 cause -and -effect relationship between the activities at
12 Rock and Rail and the conditions complained of by the
13 individuals that were interviewed.
14 What it does say, which I think is
15 important, is it says, "Modern day air quality standards
16 are motivated by the protection of all people, but
17 particularly" those -- "particularly susceptible
18 individuals. In the United States, the national ambient
19 air quality standards mandated by the Clean Air Act are set
20 with the explicit intent to protect susceptible groups with
21 an adequate margin of safety based on the best available
22 evidence."
23 So we went out and engaged an air quality
24 consultant. The air quality consultant was the same one
25 that was involved in the Martin Marietta application for
246
1 the USR. And he says, "I confirm my prior findings that
2 the asphalt plant and storage facilities, concrete plant,
3 and the aggregate transload facility sources, operated
4 under the terms of their permit, meet applicable Clean Air
5 Act standards."
6 So those standards that are intended to
7 protect susceptible populations, those are what are being
8 met.
9 So, again, this is an area with a lot of
10 dust. We understand these concerns. But this does not
11 appear to be coming from our site.
12 Now, that being said, Rock and Rail is
13 willing to work on a -- reasonably, to ensure even further
14 that dust is not emanating from this property. So, again,
15 these are some of the measures that are being taken now.
16 This is a list of the existing control measures.
17 Since we heard complaints about dust at
18 Planning Commission, we have been putting additional
19 polymer -blend suppressant on paved roads on the property.
20 But we are willing to consider additional measures.
21 Stormwater. You saw a report. It's in your
22 packet. It was not prepared by a civil or hydrological
23 engineer. There's no data regarding the site. It simply
24 takes issues with things that largely I said at the
25 Planning Commission hearing. And it appears to voice
247
1 concerns really about CDPHE's ability to enforce
2 stormwater.
3 So we went out after the Planning Commission
4 hearing, after hearing concerns about stormwater, and took
5 actual samples. And here's what it revealed. There are no
6 contaminants of concern that could cause adverse,
7 environmental, or health effects in the soil at the Rock
8 and Rail facility that could potentially leach into the
9 ground water or stormwater.
10 And as I offered earlier, to the extent the
11 Board wished to impose conditions, whether at site plan or
12 now on, that would require additional monitoring of
13 stormwater, we are happy to do that. We are very happy to
14 do that. Because we cannot afford to have that kind of
15 violation.
16 Property values. There was a report
17 provided. It's based on the County's estimates for
18 assessment purposes and based on assessed values. It's not
19 based on actual sales. And it would seem to me that the
20 best data we could have on property values would be based
21 on actual sales.
22 This is the chart that was provided to you
23 today. Again, based on estimates, not actual sales. This
24 is actual sales.
25 Now, what I did, just for -- just for your
248
1 benefit -- because I don't want to be accused of
2 hoodwinking you over this. I took this number out. This
3 was a sale in Coyote Ridge, along County Road 13 -- or
4 County Road 15 rather. And I took this number out. This
5 was a sale of a small house in Kelim. So the rest of the
6 data basically reflects sales in Indianhead and along
7 County Road 56.
8 Again, these are the good neighbor measures
9 that have been taken by Rock and Rail. It is unfortunate
10 that some people have painted us as a bad neighbor. This
11 company is serious about -- about being a good neighbor.
12 And I think this -- if nothing else, this
13 number reflects that. That is on top of the cost of
14 building this facility. $15 million were spent.
15 $15.9 million, $16 million were spent to try to make
16 physical improvements that would accommodate these concerns
17 and that -- those expenditures continue, again, with
18 respect to, for example, noise mitigation. And as I
19 mentioned, more than 30 percent of this property was left
20 undeveloped to provide that buffering.
21 Now, I want to address one final point,
22 which is that Mr. Kisker suggested that, you know, maybe
23 the way that you -- to deal with this issue is drop down to
24 I-1, go through a USR process. You know, we'll negotiate
25 over this. And we appreciate his offer. That is the first
249
1 time we've heard that type of compromise offered to us.
2 There have been settlement negotiations, and
3 I'm not at liberty to talk about exactly what was offered
4 back and forth in settlement negotiations. But what
5 was -- what was -- the mediation that Mr. Kisker referenced
6 was to be conditioned on a certain outcome that just would
7 not work for Rock and Rail on this site.
8 And I would also just point that
9 while -- while we appreciate the offer to negotiate a USR,
10 we had a USR with Development Standards, which was
11 invalidated because it was challenged. And more
12 importantly, if we're to now negotiate another USR here,
13 Mr. Kisker speaks just for himself. He said there are 110
14 people who are members of CLR-34. So we're supposed to go
15 negotiate a USR with 110 people? That's not a reasonable
16 ask.
17 We are willing to continue the dialogue. We
18 are willing to be good neighbors. We are willing to commit
19 ourselves through the site planning process, mitigate every
20 single one of these things. And we are here before you, in
21 part, because we want this to be regulated by the County so
22 that there's a consistent set of rules that applies to
23 everyone here; that we can all just look at the Code and
24 say, "Here's what the regulations are. County, go out and
25 enforce it if there's a problem."
250
1 So we think we're here with a -- with a plan
2 that works. We think we have achieved balance. We have
3 accomplished a lot of goals in the Comprehensive Plan. And
4 we think we've accomplished that necessary mitigation to
5 make this compatible.
6 So I would be happy to take any of your
7 questions. I'm sorry that that went on for probably
8 longer, Commissioner Freeman --
9 CHAIR FREEMAN: Okay.
10 MR. CONNOLLY: -- than you wanted it to, but
11 I'm happy to take any of your questions.
12 CHAIR FREEMAN: Okay. So questions?
13 COMMISSIONER MORENO: Answered what I
14 needed.
15 COMMISSIONER JAMES: Oh, boy.
16 COMMISSIONER ROSS: Let Scott go first.
17 COMMISSIONER JAMES: A question for
18 planning. Angela, the request is for an I-3 zoning. The
19 operation that currently exists there, would that fall
20 within an I-1?
21 MS. SNYDER: There is an opportunity to add
22 transloading in the I-1 district, but it requires a Use by
23 Special Review permit.
24 COMMISSIONER JAMES: I-2?
25 MR. CONNOLLY: Commissioner, if you --
251
1 COMMISSIONER JAMES: It's a pop quiz here.
2 MS. SNYDER: It is.
3 MR. CONNOLLY: If you don't mind, I'll just
4 assist Angela while she's pulling up the Code. So the I-1
5 and I-2 zones would allow concrete and asphalt batch plants
6 with a USR.
7 COMMISSIONER JAMES: USR.
8 MR. CONNOLLY: But they have screening
9 requirements that -- that this facility does not currently
10 meet on the west side of the property. And it would
11 require -- it would require a very lengthy screen to comply
12 with those. And so -- and, again, we would --
13 COMMISSIONER JAMES: That's the I-3 request?
14 MR. CONNOLLY: The I-3 request. And of
15 course with the USR process, that would mean that, you
16 know, we're coming here for rezoning, and then we're coming
17 back here again for the USR. And we think -- you know
18 what's on the site, you know what's proposed for it, and we
19 can do this and provide adequate mitigation through the
20 site plan process.
21 COMMISSIONER JAMES: Okay. I'm curious,
22 Mr. Connolly, as to your response to the same question that
23 I asked of Mr. Lacis.
24 What is, in your mind, a larger -- a larger
25 indicator of compatibility, existing use or existing zone?
252
1 MR. CONNOLLY: So you made the observation
2 earlier that your Code doesn't -- I mean, your Code says
3 "existing use." So we -- our obligation here today is to
4 ensure that we are compatible with existing uses.
5 Now, again, we only show the existing zones
6 to show that --
7 COMMISSIONER JAMES: It's de facto de jure
8 is what it is.
9 MR. CONNOLLY: Right.
10 COMMISSIONER JAMES: What is fact, and what
11 is this called.
12 MR. CONNOLLY: That's a kind of right.
13 Yeah. Yeah. So -- so and I do not know -- I do not know
14 the Town of Windsor's zoning code off the top of my head.
15 You probably know the Johnstown code better than I do.
16 But, you know, my assumption would be that the
17 Windsor -- the area that's zoned limited industrial, that's
18 probably now a site plan process that where, you know, the
19 obligation is go meet the code, and then you can build what
20 you want to build. The compatibility determination has
21 already been made.
22 So we showed you that not to say that, oh,
23 we're compatible because this is what it's zoned for. We
24 know what the Code says. The Code says compatibility with
25 existing uses.
253
1 But I think what it shows is that other
2 boards have wrestled with the issue of compatibility in
3 this area and have made judgments that industrial uses,
4 commercial uses, extraction uses, that those are compatible
5 with the surroundings.
6 COMMISSIONER JAMES: Okay. Angela, is -- I
7 need elements that go into compatibility. Is the
8 protection of the health, safety, and welfare a determinant
9 of compatibility? If I had to make one use compatible with
10 the other, is health, safety, and welfare something to be
11 determined in -- in that incompatibility, so to speak?
12 MS. SNYDER: Yes. I mean, health, safety,
13 welfare is at the basis of all planning.
14 COMMISSIONER JAMES: Okay. Okay. So I can
15 say, "This use is -- is compatible or not compatible
16 because of its ability or inability to account for the
17 health, safety, and welfare of citizens"?
18 MS. SNYDER: Right. So that's why we look
19 at mitigation. You know, can this use --
20 COMMISSIONER JAMES: Sure.
21 MS. SNYDER: -- mitigate --
22 COMMISSIONER JAMES: To mitigate the effect
23 to try to get to compatibility.
24 MS. SNYDER: Correct. So if it can --
25 COMMISSIONER JAMES: Right.
254
1 MS. SNYDER: So if it can be mitigated, then
2 we feel it is compatible. If it cannot be mitigated, then
3 not compatible.
4 COMMISSIONER JAMES: Okay. When it comes to
5 noise, if we were to grant this, we have an I-3,
6 residential or ag, as far as zoning goes. So you've got an
7 I-3 up against an ag.
8 What's interesting is there is no
9 noise -- in an ag zone, there's no -- there is no noise
10 limit, correct?
11 MS. SNYDER: No. The ag zone has the
12 residential noise --
13 COMMISSIONER JAMES: So it does have a
14 residential inherent -- okay. There are a lot of...
15 UNIDENTIFIED SPEAKER: Except none of your
16 tractors meet that.
17 MS. LIGHT: Right, they're exempt.
18 UNIDENTIFIED SPEAKER: Yeah, they're exempt.
19 COMMISSIONER JAMES: Okay. So that's
20 how -- woo. That's how -- I was going to say, I've sat
21 here for a year and a half. Okay.
22 And so -- but it is the Residential noise
23 standard that is applied to the ag zone.
24 So I-3. You've got ag. You've got 80 dB,
25 you've got, what, 50, 55 dB over here.
255
1 MS. LIGHT: Yes.
2 COMMISSIONER JAMES: Ah. Where does it need
3 to go from 80 to 55? At that line? 25 -foot in?
4 MS. LIGHT: 25 feet off the property,
5 depending on where the noise is originating from. If it's
6 coming from the plant, you're going to go up to their
7 property line, measure 25 feet from their property line.
8 COMMISSIONER JAMES: Okay. So we have to
9 see evidence presented in this particular hearing to make
10 sure that that can't happen. And so I would assume then
11 that -- you know, in a USR, we're used to mitigating or
12 studying a particular use. Here, the maximum allowable
13 noise in a granted zone is -- in this case, is an I-3 -- is
14 80 dB. So we have to ensure that it's not necessarily 80
15 dB inside, but that they hit 50 -- 50 dB at 25 -foot off the
16 property line.
17 MS. LIGHT: They did. There is a sound
18 study --
19 COMMISSIONER JAMES: Right. I've looked
20 through it. So that's -- that would meet that requirement,
21 and that would go --
22 MS. LIGHT: And look through it really
23 quickly today. In one place, it's Commercial and 60.
24 COMMISSIONER JAMES: Okay. Question to
25 either Lauren or, sir, to your sound experts about sound
256
1 itself.
2 You and I are having a conversation that is,
3 I don't know, I'm a loud talker, so 60 dB, in there
4 somewhere.
5 MR. CONNOLLY: I have the same problem.
6 COMMISSIONER JAMES: But if you and I were
7 to talk at once, it's not 120 dB, right? Help me about the
8 additives of sound.
9 MR. CONNOLLY: So Andrew Truitt is here from
10 Behrens and Associates. I would like him to respond to
11 your question.
12 COMMISSIONER JAMES: Okay. Okay.
13 MR. TRUITT: Good evening. My name is
14 Andrew Truitt, 9536 East I-25 Frontage Road, Longmont,
15 Colorado 80504.
16 I'm a senior engineer with Behrens and
17 Associates, environmental noise control. And we were
18 contracted by Rock and Rail to conduct the acoustical and
19 model analysis for this project.
20 I've got a couple of comments today that I
21 think hopefully can help shed some light on not only the
22 modeling analysis that was performed, but as well as the
23 operational, slash, ambient survey that was performed.
24 So I think first and foremost, if I may,
25 I'll just address Lauren's question. And actually that one
257
1 receptor, Lauren, Receiver Number 4, if you'll look at it,
2 you'll notice that that is actually off -property. That is
3 at a location north of the facility. And the intent of
4 that was to identify what, if any, contribution from the
5 two nearest roadways had. And so that was really more of
6 almost a control point to identify the traffic content.
7 And so you'll notice that, understandably,
8 those -- those levels are elevated; whereas, Locations 1,
9 2, and 3 are consistent with the Code requirement location
10 measurement points.
11 So to answer your question, Mr. James, about
12 the noise. So, yes, you know, 100 plus 100 it's not going
13 to be 200 decibels. There's a doubling of sound that
14 occurs with identical sound sources. And keep in mind,
15 this is a general rule of thumb. But it would be -- 100
16 plus 100 would be 103. 50 plus 50 would be 53. You get a
17 3 -decibel delta with every doubling of sound. And so 1
18 plus 1 would get plus 3. Get to double again to 4 total to
19 get plus 3 on top of that. 8, 16, so on and so forth.
20 COMMISSIONER JAMES: When you modeled for
21 this particular site, what did you model for? And my
22 question is rhetorical. Here's my question: If sound that
23 is emitted from the railway is exempt --
24 MR. TRUITT: Yes.
25 COMMISSIONER JAMES: -- and can't be
258
1 considered as part of our determinant of compatibility,
2 then you had to model for sound of an asphalt batch plant,
3 a concrete plant. I mean, is that correct?
4 MR. TRUITT: Concrete only.
5 COMMISSIONER JAMES: Okay.
6 MR. TRUITT: So that was the concrete batch
7 plant and its associated activities. So in our report,
8 there's a table that outlines what is included and language
9 that explicitly states that this is subject -- you know,
10 the study is subject to limitations of these activities.
11 And so it was the concrete batch plant
12 activities. So that includes loaders. That includes the
13 conveyor systems that bring the aggregate into the
14 facility. That includes the concrete and fly ash trucks
15 that offload to the facility. There are either
16 truck -mounted pumps or building -mounted pumps that can help
17 pressurize those trucks to offload that ash to the
18 facility. And so that was included.
19 And actually, the picture you saw earlier in
20 those temporary barrier placements was specifically for
21 that fly ash and concrete offloading.
22 Additionally, once the trucks pull into the
23 facility, there's a loading bay. Noise is a -- you know,
24 emitted from that bay, and so there are barrier placements
25 to account for that.
259
1 And then additionally, when some of the
2 trucks get loaded, some of them are dry; some of them are
3 wet. They go to a watering station, and once they're
4 adding that water to them, they're running the drums. And
5 so the trucks are running off their PTOs and making noise
6 in that fashion.
7 So when we conducted this model, we actually
8 went out, observed the operations and noted, okay, how many
9 trucks run? Is it a minimum of one? A maximum of three?
10 In this operation, so on and so forth. We assess not only
11 one what the sound levels were at one given point in time,
12 but how the sound levels can fluctuate throughout the day,
13 depending upon the particular operation.
14 Then we basically figured out a
15 middle-of-the-road assumption for what a reasonable worst
16 case would be about basically two fly ash trucks
17 offloading, three trucks being watered at the same time, et
18 cetera, et cetera. But the input data for that modeling
19 data was based upon actual on -site measurements of that
20 study.
21 Additionally, that was correlated against an
22 operational survey that was conducted onsite. And what
23 you'll find is that the values in the operational survey
24 correlate very well, within about a decibel or two, to the
25 modeling software, which is effectively within measurement
260
1 errors, as good as we could hope to get.
2 And so basically, brass tacks, what the
3 modeling survey shows and what our operational survey shows
4 is that with the implication -- or of the installation,
5 rather, of these mitigation measures, that we can get down
6 to ambient levels. Which is, frankly, the best that any
7 applicant or any county could hope to achieve for an
8 applicant.
9 COMMISSIONER JAMES: Okay. Thank you.
10 COMMISSIONER MORENO: Before you let him
11 go --
12 (Simultaneous talking.)
13 COMMISSIONER JAMES: I was going to say, I'm
14 good with the sound guy.
15 COMMISSIONER MORENO: -- may I ask my
16 questions?
17 COMMISSIONER JAMES: You're the sound guy.
18 You probably have a PhD, but I just use a regular term, now
19 you're a sound guy.
20 MR. TRUITT: That's literally how I
21 introduced myself earlier. That's the nomenclature that
22 struck.
23 COMMISSIONER MORENO: Mr. Truitt,
24 Mr. Connolly made some comments, kind of doubling back on
25 Mr. Oplinger speaking here about his qualifications and
261
1 equipment and not having calibration.
2 Can you just give us just a short snapshot
3 of your qualification, your background, how long you've
4 been doing this, and the equipment you're using.
5 MR. TRUITT: Absolutely. So I guess big
6 picture, I work for a company called Behrens and
7 Associates. We have been in the industry for about
8 30 years. I think we would humbly claim that we're the
9 experts when it comes to oil and gas noise. Most of the
10 oil and gas mitigation you see around is from us. Now, our
11 expertise doesn't just pertain to oil and gas, but we've
12 been in the business for about 30 years.
13 Our corporate headquarters is in Los
14 Angeles. We also have offices here in Longmont and down in
15 Texas, Pennsylvania, and Canada as well.
16 So, you know, we have a vested interest in
17 making sure that we do things correctly. And one of the
18 things that sets us apart from a lot of our competitors is
19 that we turnkey this. So we can do the measurement, the
20 analysis, and the actual mitigation.
21 And so those products that you saw, those
22 temporary SK panels, those were actually engineered by us,
23 designed to be put right next to frack trucks. They've got
24 forklift pockets in the front and back so you can park
25 those directly next to a fracking truck and knock down the
262
1 sound. So that is an in-house engineered product.
2 To speak to these matters, I hold a
3 Bachelor's and Master's in Mechanical Engineering with a
4 focus on vibrations and acoustics. Most U.S. schools don't
5 touch acoustics at the undergraduate level, so you have to
6 get to the graduate level to do so.
7 COMMISSIONER MORENO: You are more than
8 qualified. Thank you.
9 MR. TRUITT: Thank you.
10 CHAIR FREEMAN: Okay.
11 COMMISSIONER ROSS: I really don't have
12 anything on sound.
13 CHAIR FREEMAN: Oh, go ahead.
14 COMMISSIONER JAMES: Thank you, sir, and I
15 guess the rest of my questions will -- a couple will be
16 poised to staff. Thank you.
17 MR. TRUITT: Okay. And if I can offer just
18 one clarifying comment.
19 COMMISSIONER JAMES: Please.
20 MR. TRUITT: As Gary -- and I apologize,
21 Gary, I didn't get your last name. But as he stated, the
22 decibel is a mathematically complex unit. It's tough to
23 understand sometimes. So I just did want to clarify
24 something.
25 Sound actually doesn't double with every
263
1 three decibels. That's sound intensity, which is one of
2 the three different ways you can measure sound. But when
3 we actually measure sound, typically it's sound pressure,
4 which doubles with every six.
5 But then to complicate matters further,
6 psychoacoustics, or how we hear sound, actually doubles
7 with every 10 decibels. So 10 decibels to the human ear is
8 the doubling of sound. It's not a multiple of ten. And
9 that goes the other way too. If you bring it down by 10
10 decibels, that is half as much.
11 COMMISSIONER JAMES: Okay. Thank you, sir.
12 MR. TRUITT: Yep.
13 COMMISSIONER JAMES: I guess my next
14 question is for our County Attorney. You go to court and
15 you have a body of case law that is -- that sets
16 precedence. I'm curious. There's been a couple of times
17 that it's been pointed out that we denied an I-2 zoning
18 that was immediately to the north of here some -- some
19 amount of time back.
20 Does -- do our land use cases set precedent
21 for another? I.e., you did this in this case; therefore,
22 the precedent is built that you do this and this. It's
23 certainly precedence in case law, but what about in land
24 use cases? Does a precedent exist? If we set a precedent
25 here, must we stick to that precedent here?
264
1 MR. CHOATE: My answer is no. I mean, I
2 think that, you know, the facts and circumstances could be
3 different. But most importantly, that would -- could and
4 would have been a different Board of County Commissioners;
5 and the law is clear that you don't have the authority to
6 bind future Boards in that manner.
7 So, you know, to the extent that you found
8 the reasoning for that denial persuasive and that the facts
9 of that case were similar enough to the one in front of
10 you, you could consider it, but you're not bound by it
11 whatsoever.
12 COMMISSIONER JAMES: So not a precedent
13 situation like perhaps you deal with in court?
14 MR. CHOATE: Right.
15 COMMISSIONER JAMES: Okay. I'll have more,
16 but I'm going to -- I'll give you a chance, Mike.
17 CHAIR FREEMAN: I was waiting on
18 Commissioner Ross. He was waiting on you.
19 COMMISSIONER ROSS: Thank you, Mr. Chair and
20 Commissioner.
21 I had a couple of questions for the
22 applicant. And you touched on them earlier, but I'd like
23 to get some clarification.
24 You recently showed us a slide where you put
25 approximately $15.9 million worth of mitigation into the
265
1 site. And that's wonderful; I appreciate that.
2 But early on, you mentioned when the USR was
3 approved, you set aside $100,000 for landscaping. I know I
4 asked this earlier, but I'm still unclear as to
5 answer -- as to the answer, because I understood as towards
6 the subdivision, was where that 100K was to go.
7 Where did that $100,000 go that was
8 originally stated in that?
9 MR. CONNOLLY: So it was never spent. The
10 fund was made available to the neighborhood, and it was
11 made available to them all the way through the community
12 working group process, and they never took us up on it. I
13 mean, I assumed that may have been perhaps at advice of
14 counsel, given that there was litigation going on.
15 COMMISSIONER ROSS: Okay.
16 MR. CONNOLLY: But they never took advantage
17 of it.
18 COMMISSIONER ROSS: Okay. Thank you, sir.
19 Next question. I have a lot of concern
20 about the dust that's been brought up. Several health
21 issues were attributed to it from various testimonies that
22 were -- that were given today. One of the slides shown by
23 the land group that is in opposition to this talked about
24 particulate matter size. And I believe they had three
25 different particulates that were illustrated. And I know
266
1 they had a constraint of time.
2 Angela, do you have that slide, by chance,
3 that you could pull up for me?
4 And when we're measuring dust particulates,
5 maybe you can address this while she is pulling up that
6 slide for my benefit. Are we measuring the size of those
7 dust particulates? Or are we just measuring its opacity so
8 that we're in conformity with what CDPHE or any other
9 guidelines we may have --
10 MR. CONNOLLY: So -- so let me get my binder
11 here.
12 COMMISSIONER ROSS: I'm sorry.
13 MR. CONNOLLY: So the air permits for this
14 site do look at the size of the particulate matter.
15 COMMISSIONER ROSS: Okay.
16 MR. CONNOLLY: They also look at the -- this
17 opacity issue. So the opacity issue is easier to discuss,
18 so I'll just speak to that first.
19 On opacity, there are limitations on
20 the -- what effectively is the percentage opacity. So you
21 go out there, and there are accepted measuring techniques
22 for how that's done. I don't do it, so I can't speak to
23 the accepted measuring techniques. But one of them is
24 don't -- don't point your viewer into the sun. But -- so
25 on those accepted measuring techniques where we are limited
267
1 to, I believe, it's 20 percent opacity.
2 COMMISSIONER ROSS: Mentioned earlier, yes.
3 MR. CONNOLLY: So that deals with the issue
4 of dust clouds, right?
5 There is also a limitation on the types of
6 emissions from this site based on particulate matter size.
7 Okay? And I'll let Angela pull up the slide.
8 COMMISSIONER ROSS: That was the slide right
9 there. Yep.
10 MR. CONNOLLY: Yeah.
11 COMMISSIONER ROSS: Thank you.
12 MR. CONNOLLY: Yeah. So actually -- so all
13 three of what you see there, all three of those are limited
14 based on the specific operations of the site.
15 And so how air permitting works is it's a
16 certain number of tons per year of emission that can be
17 generated from a given site. And so, I mean, I could read
18 all of them to you if you wanted. But there are -- the
19 CDPHE permit sets those limits on what can be emitted from
20 the site.
21 Does that answer the question?
22 COMMISSIONER ROSS: Okay. So in -- it does
23 and it doesn't.
24 So in a sense, it's not that you're denying
25 that those -- I'll call them, say, PM 1, micrometer
268
1 particulates are being released. You do -- are available,
2 under the CDPHE's guidelines, for that permitting to still
3 release those as long as that measurement falls under their
4 guidelines that is acceptable; is that correct?
5 MR. CONNOLLY: That's correct. And so those
6 limits -- again, you know, I pointed out the report that
7 Dr. Bogart put together. And what it says is that those
8 limits are set to basically ensure that susceptible
9 people -- you know, people who have -- who have respiratory
10 issues are not affected by this particulate matter.
11 So what's set in the permit -- and I mean, I
12 can hand in the permit if you want to see it. What's set
13 in the permit is -- is a certain -- again, a certain number
14 of tons that can be emitted. And that's based on those
15 best available standards to protect people who are at risk
16 of respiratory issues.
17 COMMISSIONER ROSS: How do you guys measure
18 those extra sites.
19 MR. CONNOLLY: So --
20 COMMISSIONER ROSS: And where are they
21 measured.
22 MR. CONNOLLY: Right. So -- so there's no
23 continuous measuring of that --
24 COMMISSIONER ROSS: Okay.
25 MR. CONNOLLY: -- at the site. And there
269
1 is -- CDPHE, there have been reports that have been
2 submitted to CDPHE on these measurements. I don't know
3 when the last one is. I can try and find that information
4 for you. But there is not continuous measurement that
5 occurs.
6 COMMISSIONER ROSS: Okay.
7 MR. CONNOLLY: And I think, just to be
8 clear, I mean, if we could find a way that, you know, would
9 be reasonable to do that, I think we would -- we would find
10 a way to do that. I'm not sure -- I'm not sure what's
11 available.
12 COMMISSIONER ROSS: Earlier you stated, as
13 you guys did state that you had concerns about some of the
14 health impacts that were discussed earlier due to the dust
15 mitigation -- or the dust that was being driven from your
16 site, you said you guys were amenable to additional dust
17 mitigation measures.
18 Did you have something in mind when you made
19 that statement?
20 MR. CONNOLLY: Sure. So I mean, what we've
21 done thus far in terms of additional mitigation measures
22 are more watering, basically. So you water, you know, the
23 conveyors more, put polymer suppressant on unpaved areas,
24 water dust piles -- or I'm sorry, aggregate piles. So
25 certainly those are the measures that have been taken.
270
1 I don't know that there are any sort of
2 other physical improvements. Dust mitigation is more
3 operational than it is physical.
4 And so, I mean, we can certainly -- to the
5 extent that there's more of that that can be done, we would
6 do it.
7 I'd also point out to you just sort
8 of -- you know, touch more on the dust issue, is that in
9 order to comply with Rock and Rail's employment obligations
10 under the law, it actually -- its employees have to be
11 evaluated on a routine basis for respiratory issues because
12 they're working on the site that has all of these, you
13 know -- all this aggregate on it.
14 Before COVID, their employees did not wear
15 masks on the site.
16 COMMISSIONER ROSS: So they weren't wearing
17 any PPE in regards to respiratory?
18 MR. CONNOLLY: No.
19 COMMISSIONER ROSS: Okay.
20 MR. CONNOLLY: And to Rock and Rail's
21 knowledge -- I confirmed this, actually, at lunchtime. To
22 Rock and Rail's knowledge, no employee has been diagnosed
23 with any type of respiratory issue as a result of working
24 on this site.
25 COMMISSIONER ROSS: Okay. Next question is
271
1 for Angela. Angela, if we were to ask for additional dust
2 mitigation measures, how would we work that inside of this
3 zoning that we are only under consideration of today?
4 MS. SNYDER: That is very tricky --
5 COMMISSIONER ROSS: Uh-huh.
6 MS. SNYDER: -- to ask extra, extra measure
7 outside of what is required in the I-3 zoned district.
8 COMMISSIONER ROSS: Okay.
9 MS. SNYDER: I mean, you can give staff
10 instruction and site plan. We have in the past added
11 things, but -- such as like a notification or something to
12 a change of zone.
13 COMMISSIONER ROSS: Okay.
14 MS. SNYDER: But it is questionable because
15 usually when you change something to a certain zone, you're
16 accepting it and all the rules that are in that zone. We
17 do have air -- you know, air standards in the I-3 zone
18 and --
19 COMMISSIONER JAMES: Let me just spitball
20 with you there, Kevin.
21 (Simultaneous talking.)
22 COMMISSIONER ROSS: Go ahead.
23 COMMISSIONER JAMES: That's what's
24 frustrating to me right now, is in a USR, we could sit here
25 and write down those --
272
COMMISSIONER ROSS: And lay down those
2 conditions.
3 COMMISSIONER JAMES: -- and lay down those
4 conditions and lay down those standards. But here, there's
5 a set standard in the zoning. And for us to try to mandate
6 that would be outside our purview, because we're fiddling
7 with our Code. It would be arbitrary and capricious.
8 And so I wish like heck that we could say,
9 "We require this dust mitigation, and then this" -- "this
10 noise mitigation, 24 -hour monitoring here, 24 -hour
11 monitoring here."
12 In my interpretation, though, we can't.
13 We're bound by Code.
14 COMMISSIONER ROSS: That's my interpretation
15 too, but I needed to ask the question.
16 MR. CONNOLLY: Commissioners --
17 MS. SNYDER: If I may -- if I may,
18 Commissioners. Our enforcement for site plan reviews is in
19 Section 23-2-180. And I think it's even in -- but also
20 laid out -- let me grab it here right really fast.
21 COMMISSIONER ROSS: 23-2-180, you said?
22 MS. SNYDER: That's the enforcement of a
23 Site Plan Review. The -- it's 23-2-160 has the list of
24 things that we require. Water, air, dust are all listed on
25 there. And our Site Plan Reviews are actually stricter
273
1 than our USRs.
2 MR. CONNOLLY: Commissioners, what I would
3 offer on this dust mitigation issue, dust monitoring issue
4 is that I don't -- I don't think we're in a position today
5 to say, you know, exactly how we would monitor, exactly
6 how -- you know, what additional mitigation measures that
7 we would take. Those really are sort of site planning
8 issues.
9 And so I don't -- I mean, I would defer to
10 the County Attorney on this issue, but certainly if there
11 were some direction that were added into the -- prospective
12 approval resolution that directed staff to identify those
13 measures, I mean, I think -- I think we would be willing to
14 accept that.
15 That might not have the effect of changing
16 your Code or, you know, being outside of your purview. But
17 if it sort of gave some guidance on how the site plan
18 process could be conducted, I think we would be -- we would
19 certainly be willing to accept that.
20 COMMISSIONER ROSS: I appreciate those
21 comments. When -- when did you -- it looks like you made a
22 statement -- or maybe I misunderstood. You kind of stepped
23 up your dust mitigation efforts recently.
24 When did that start occurring?
25 MR. CONNOLLY: So the changing -- so there
274
1 were two items really that were sort of additional
2 mitigation. So we -- again, having not received any
3 complaints to CDPHE, having not received any complaints to
4 Rock and Rail itself about dust, but having seen the
5 material that came in at the Planning Commission about
6 concerns about dust, we went back and said, "Well, what
7 more could we do here?"
8 And so what -- what -- there are really two
9 primary changes that have been made. Number 1 is there is
10 now a dedicated staff member who -- who does dust
11 mitigation -- actually, I think it's multiple staff members
12 who do dust mitigation.
13 So it used to be the case that somebody who
14 operated the concrete plant or had another role onsite
15 would go out and conduct dust mitigation. That's no longer
16 the case. There are dedicated employees that work on dust
17 mitigation.
18 The second thing that we did was added
19 additional polymer blend dust suppressant on unpaved areas
20 on the property. And so that -- and by the way, the
21 watering truck is being run consistently every day the
22 plant is operating. The polymer blend suppressant, I'm not
23 sure how often that's being done, but that's being put on
24 the unpaved areas, again, to sort of further mitigate any
25 concerns about dust.
275
1 COMMISSIONER ROSS: I'm assuming
2 that -- sorry to interrupt -- that polymer blend
3 suppression stuff is similar to what we've referred to as
4 like a mag chloride --
5 MR. CONNOLLY: Yeah.
6 COMMISSIONER ROSS: -- spray that goes on
7 dirt roads to knock down dust, like similar to what we use
8 when we are --
9 MR. CONNOLLY: That's absolutely right.
10 COMMISSIONER ROSS: -- similar projects.
11 I guess I -- I know you said CDPHE hadn't
12 received any complaints. But when I go back to testimony
13 from earlier -- right? -- dust suppression technology, da,
14 da, da, da, 14 complaints from seven sources regarding the
15 facility. Of course all but two of those complaints
16 received were during the initial construction of the
17 facility. And then it jumps fast -forward to through
18 Accela, on the dates of May 29, 2020, through June 2nd of
19 2020, we did get nine various complaints received regarding
20 noise, dust, landscaping, haul route concerns.
21 And so it does look like we received
22 complaints in that time frame. Would that be concurrent
23 with what we saw, Angela?
24 MR. CONNOLLY: Commissioner, if I could just
25 respond to that. I'll let go -- oh, go ahead. You go
276
1 ahead.
2 MS. SNYDER: No. My staff report came out
3 stating stating that there hadn't been any complaints.
4 So then those nine complaints came in that weekend.
5 COMMISSIONER ROSS: Okay.
6 MS. SNYDER: So we did -- just so you know,
7 we did forward all of those to the respective departments,
8 to the Environmental Health Department, and to the Surface
9 Transportation Board if it was rail -related.
10 COMMISSIONER ROSS: Okay.
11 MR. CONNOLLY: And, Commissioner Ross,
12 there's a report that we submitted in your packet, buried
13 in it, that has copies of every one of those complaints --
14 COMMISSIONER ROSS: Yes.
15 MR. CONNOLLY: -- that were received during
16 construction.
17 COMMISSIONER ROSS: And I saw those.
18 MR. CONNOLLY: Okay. Okay.
19 COMMISSIONER ROSS: Thank you.
20 CHAIR FREEMAN: Okay. Other questions?
21 COMMISSIONER JAMES: Yes, please. Thank
22 you, Mr. Chair.
23 It's -- it may be an interesting question,
24 but let me get there. This is an interesting situation.
25 Situation was in 2015, when the USR was granted, the
277
1 neighborhood didn't like the USR. They took it to court,
2 as certainly is their right. Struck down at the lower
3 court. The Court of Appeals, USR was revoked.
4 So, therefore, in my mind, in my eyes, I
5 must look at this like no USR exists, nothing exists,
6 nothing ever happened.
7 You guys pulled a railroad out of your hat
8 and -- and we have operational -- an operational facility.
9 Mr. Lacis, in his statement, got to the fact
10 that he doesn't believe that this facility is -- lawful
11 operates. I can see how he gets there. I don't know if I
12 agree him, but I can see how he gets there.
13 Counter his statement.
14 MR. CONNOLLY: Sure. So I'm going to -- I'm
15 just going to just stay away from federal law for a minute,
16 because the federal law is -- is, quite frankly, more
17 complex, and it's not even required to address your
18 question.
19 So, again, if you go look at the Weld County
20 Code, the zoning provisions, nowhere in any zone district
21 will you see, as a permitted use, railroad. Railroads do
22 not exist in the County Code from -- I mean, they
23 exist -- there are exemptions for railroads that are in the
24 County Code, but you don't see railroad as a permitted use.
25 Yet there are railroads crisscrossing all over the County.
278
1 So in looking at this issue, you know, we
2 certainly had interaction with your staff. What we were
3 told was Weld County doesn't regulate railroads under the
4 zoning code. And so -- so you don't even need to get to
5 this issue of federal preemption to get to the place where
6 a railroad just is not regulated.
7 Now, there are other uses on the site that
8 are specifically called out in the Weld County Code.
9 That's where we get into the issue of federal law, is what
10 constitutes rail transportation. And as I told you earlier
11 in responding to one of your earlier questions, the
12 question of what constitutes rail transportation, even
13 though I know there's a concrete plant, there's no train
14 there, right? But it is owned and operated by a railroad.
15 And rail transportation, under ICCTA, if you look at the
16 definition, says -- it says, "Rail itself," so movement of
17 passengers or property by rail. And it also includes
18 services related to rail transportation.
19 And so Rock and Rail's position is that
20 concrete is a service related to rail transportation on
21 this site. Now, again, that's a question that the federal
22 court's going to decide.
23 What we are here today offering -- or asking
24 for is a rezoning that will basically put the concrete
25 plant, the asphalt plant, all the other operations besides
279
1 the train on the site under County regulation.
2 And so once -- you know, if this rezoning is
3 approved, then the County would have the ability -- ability
4 to go out not only apply Development Standards to
5 us so things like, you know, setbacks, height, you know,
6 whatever other physical limitations on the property, the
7 County zoning code requires -- but also these operational
8 limitations. And the County would have enforcement
9 jurisdiction over the site.
10 So rather than someone calling, you
11 know -- Angela mentioned her name, the person in DC who is
12 the Surface Transportation Board person. If somebody in
13 the neighborhood had a concern, they would call your staff
14 to deal with that issue.
15 So that was probably a longer answer than
16 you wanted, but hopefully --
17 COMMISSIONER JAMES: No. I appreciate that.
18 MR. CONNOLLY: -- hopefully it answered your
19 question.
20 COMMISSIONER JAMES: And let me be frank in
21 my thought process exactly where I'm at. Bottom line, what
22 we have to do in Section 23-2-40, paragraph B, we must
23 determine whether this request meets five criteria. Five
24 criteria. You got four of them. You got them.
25 The biggie is in paragraph -- you know, B.2,
280
1 which is of course compatibility. And compatibility is
2 where I'm struggling. And part of compatibility is and
3 that's why I have been very deliberate in asking,
4 does -- does use go to compatibility or does zoning go to
5 compatibility? Because the zoning surround you that
6 surrounds you does not account for compatibility.
7 But the darned use exists. Whether we put
8 it there or not, the use exists on that site, and,
9 therefore, in my mind makes it compatible.
10 So, therefore, if the facility legally
11 operates, then, therefore, it exists. And so, therefore,
12 compatibility exists. And that's the very crux of where my
13 head's at right now.
14 MR. CONNOLLY: So I mean, you asked the
15 question about, is this use operating unlawfully? It's a
16 railroad. It's exempt from County regulation. Under
17 federal law, we are asserting that there is -- that it is
18 rail transportation that's occurring out there. A federal
19 judge will decide the question of whether it's rail
20 transportation under ICCTA.
21 But there has been no enforcement action
22 taken by your staff. Your staff has indicated that
23 railroads are exempt from the County Code. That is true,
24 as far as I can tell. So the use is operating lawfully.
25 Now, whether you want to consider the use
281
1 that's on the site right now in your consideration of
2 compatibility, I mean, I think you can do -- the Code says
3 "surrounding uses," so I think you can and should consider
4 other uses in the area. Although it's a broad mix of uses,
5 certainly. It's not just residential. It's not just
6 agricultural. There are other uses in the area.
7 So -- so I don't -- I mean, I don't want you
8 to be, you know, under the impression that I'm suggesting
9 that you should only be considering what's going on on the
10 site from the compatibility standpoint.
11 I do think the consideration of the railroad
12 is important to the consideration of compatibility. The
13 railroad is -- whether it's regulated by the County or not,
14 the existence of all of the railroads in the area, those
15 are land uses.
16 COMMISSIONER JAMES: Yes, and that's in the
17 Comp Plan, and that's in 4 as well. I'm sorry. Go ahead.
18 COMMISSIONER ROSS: I need a clarification
19 from you. You just cited 22-2-240.
20 COMMISSIONER JAMES: I lied. 23 --
21 COMMISSIONER ROSS: I think you mean 23-2-
22 40.
23 COMMISSIONER JAMES: Sorry. I misspoke.
24 23-2-40.
25 COMMISSIONER ROSS: Okay. I just needed
282
1 clarification there because you threw me for a loop, trying
2 to figure out where we --
3 COMMISSIONER JAMES: 23-2-40 is where
4 the -- paragraph B.l, 2, 3, 4, 5 is where those --
5 COMMISSIONER ROSS: Yes. I would concur
6 those are the five --
7 COMMISSIONER JAMES: Five criteria. And I
8 think I got four out of five. So it all boils down to the
9 conversation that we need to have is nothing more than
10 about compatibility.
11 And where I'm struggling is with the health
12 aspects, how do we mitigate the impact of that. And then
13 I -- if we look at zoning -- you see what I'm saying? Not
14 there. If we look at use, it is. Or at least that's my
15 opinion, and that's where my head's at.
16 And what's interesting about this -- you
17 know, and there's so much that's been stated, if we're
18 going to kind of start marching down where our heads are at
19 right now. There has been so much stated about the market
20 demand for the product. I do not argue that the market
21 demand exists for the product.
22 Now, while our Comp Plan instructs us to
23 look for economic opportunity, it doesn't necessarily tells
24 us to meet market demand. So while the many, many
25 testimonies that we've heard about market demand are great,
283
1 I don't think they're relevant to the decision that we need
2 to make.
3 There has been much that is said about the
4 operator, Martin Marietta. I believe them to be good and
5 decent people and just operators. But, again, this is
6 about the use and not the user. I would agree with
7 Mr. Lacis there.
8 And because the -- bottom line is all we're
9 looking at doing is drawing an additional bubble on a map
10 that allows given uses inside that bubble. I'll shut up
11 for a while. I'm curious --
12 MR. CONNOLLY: Sir, if I could -- you did
13 ask -- I think there might have been a question imbedded
14 earlier in there about this --
15 COMMISSIONER JAMES: I don't know. I talk a
16 lot. Sometimes a question --
17 MR. CONNOLLY: I do too.
18 COMMISSIONER JAMES: -- might fall out.
19 MR. CONNOLLY: I do too.
20 As we said in our presentation, I think, you
21 know, this -- this notion that when you are changing zones
22 you have to look sort of use to use -- right? -- is
23 challenging. Because there are probably circumstances
24 where you could have one type of single-family home next to
25 another type of single-family home, and they might not be
284
1 compatible, depending -- based on architecture, based -- I
2 mean, if one of them is built right next to the other one
3 or something, there could be issues with compatibility.
4 And so -- so looking at this on -- the use level is
5 challenging.
6 And so I do think the question is about
7 mitigation. And so what -- you know, again, just to hammer
8 home the point, what we are saying here today is that we
9 want to be subject to County regulation. We believe that
10 sets clear and consistent standards for everyone, including
11 ourselves. And Lord knows after five years of litigation,
12 we need clear and consistent standards.
13 And so to the extent that we think this use
14 can be mitigated sufficiently through the site planning
15 process or through County enforcement of its standards,
16 then I think we've got compatibility, right? If the use
17 can be mitigated, the compatibility is there.
18 CHAIR FREEMAN: Okay.
19 COMMISSIONER JAMES: I'm done for the
20 moment.
21 COMMISSIONER ROSS: Counterpoint. 22-2-80.G
22 I-7, right? Or 1-7, goal 7. And it's recognize the
23 importance of railroad infrastructure to some industrial
24 uses.
25 MR. CONNOLLY: Uh-huh.
285
1 COMMISSIONER ROSS: And Lord knows I've
2 battled the railroads in my time --
3 MR. CONNOLLY: Uh-huh.
4 COMMISSIONER ROSS: -- right?
5 And it is frustrating because we, as a
6 County, don't have any oversight over railroads.
7 Municipalities don't have any oversight over railroads.
8 The State doesn't have any oversight over railroads.
9 UNIDENTIFIED SPEAKER: God doesn't really.
10 I mean --
11 COMMISSIONER ROSS: Well, you know, there's
12 the old joke, right? It goes the railroad and then --
13 UNIDENTIFIED SPEAKER: Right.
14 COMMISSIONER ROSS: -- and then God and then
15 Uncle Sam.
16 It's frustrating because we don't have any
17 regulation or any oversight there, right? So I understand
18 the quandary that you're speaking to, Commissioner James.
19 It's one I'm wrestling with myself.
20 Because as you look at the use that's
21 available versus the zone itself, that's the quagmire, I
22 guess you could say we're in.
23 But one of our goals under industrial
24 development is recognizing importance of railroad
25 infrastructure --
286
1 UNIDENTIFIED SPEAKER: Yes.
2 COMMISSIONER ROSS: -- to some industrial
3 uses. And you mentioned that we may not be looking at the
4 fiscal impact, but that goal kind of says we are in some
5 manner. So I'm just bringing that up for case in thought.
6 CHAIR FREEMAN: Okay. So you've
7 got -- okay.
8 (Unintelligible.)
9 CHAIR FREEMAN: So I think you bring up -- I
10 think you bring up a lot of good points, Commissioner, both
11 of you. I think that, from my perspective, part of
12 what -- part of where -- maybe I just -- maybe I just don't
13 completely agree with where we're at on some of this entire
14 conversation. And that is, at the end of the day, it isn't
15 about the USR. It's there, so it's there.
16 And what you said a minute ago is, you know,
17 that's not really what -- that's really not what we're
18 talking about today. We are talking about when we look --
19 (Unintelligible.)
20 CHAIR FREEMAN: We're talking about our
21 Comprehensive Plan, and we meet those goals. And one of
22 the things -- and one of the things that we've spent a lot
23 of time with and one of the reasons that we've made the
24 changes in our Comp Plan, and one of the reasons that we've
25 made a number of those zoning changes and purposely took
287
1 the "anything goes" type things out of the Ag zone and put
2 that back into a place where you actually look at where
3 things in the county need to be.
4 And when we get to that spot, what it says
5 to me is and I think you're exactly right on this. When
6 you look at where -- where in Weld County, when -- as I
7 said earlier, 98 percent zoned Ag, where in Weld County
8 does it make sense going forward that we have some
9 Industrial zones and some Commercial zones as we continue
10 to see the growth in Weld County.
11 And, to me, what speaks to what is
12 specifically in our Comprehensive Plan and speaks to
13 Industrial zones is right back to the statement that it's
14 close to a state highway. It has railroad. It has
15 railroad access. And that's what makes it compatible for
16 zoning Industrial, because that's what -- that is exactly
17 what our zone code changes and our Comprehensive Plan
18 intended to do; to find these areas in Weld County, just as
19 we've done down 49 and some of those areas, to make those
20 industrial because of the state highway, even less -- even
21 less available for Industrial zone than this site because
22 of the rail access as well.
23 And you can't argue that that is spot -zoning
24 either, because we specifically went here and here and here
25 along that corridor and said that where Industrial zones
288
1 need to be is along major highways, which is County Road
2 49. And it's state highways like -- like State Highway 34
3 with rail access.
4 COMMISSIONER JAMES: I agree --
5 CHAIR FREEMAN: That's kind of where I am on
6 that.
7 COMMISSIONER JAMES: I agree with you
8 100 percent. Spot -zoning doesn't hold water, in my
9 opinion. That doesn't make sense here.
10 The only thing I -- interested to hear from
11 Commissioner Moreno. The only thing I can't get around
12 right now, or I'm having difficulty getting around is B.2,
13 compatibility. That was --
14 COMMISSIONER MORENO: I mean --
15 COMMISSIONER JAMES: And this would be the
16 perfect site, Indianhead.
17 COMMISSIONER MORENO: I mean --
18 COMMISSIONER JAMES: It creates
19 compatibility.
20 COMMISSIONER MORENO: Yeah, our
21 Section 22-2-80.F, Industrial Goal Number 6 states,
22 Minimizing compatibility. You know, I see where you are
23 coming from, because you keep drawing -- and, Commissioner,
24 where we're having the conversation about what is there
25 right now. And what we should be looking at, as
289
1 Commissioner Freeman said, about the zoning change here.
2 But we're confusing this, I think, in our
3 minds in that. Me, for one, you know, I was part of that
4 back in 2015. So, you know, I struggle with that because I
5 know -- I'm hearing the arguments, but what we're hearing
6 right now is about this Change of Zone. And I think that's
7 what we've got to get back to the conversation on.
8 COMMISSIONER JAMES: Uh-huh. Uh-huh. How
9 do you make I-3 compatible next to residential?
10 CHAIR FREEMAN: Well, and I think to what
11 Commission Moreno just said as well, if you look at what he
12 just brought up in Goal 6, it doesn't say, Eliminate
13 incompatibilities that occur between things. It says
14 minimize. And I think with mitigation, that's how you
15 minimize the incompatibilities.
16 COMMISSIONER JAMES: I'll buy that.
17 COMMISSIONER ROSS: Angela, for
18 clarification, Indianhead Subdivision, is it
19 zoned -- someone said it was zoned Ag.
20 UNIDENTIFIED SPEAKER: It is.
21 MS. SNYDER: That's correct.
22 COMMISSIONER ROSS: Is that appropriately --
23 MS. SNYDER: Yes, sir.
24 COMMISSIONER ROSS: Okay. Thank you.
25 CHAIR FREEMAN: Okay. Any other comments,
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1 questions, input?
2 COMMISSIONER ROSS: You know, I'll go back
3 to earlier testimony that really frustrates the living
4 daylights out of me.
5 CHAIR FREEMAN: Go ahead.
6 COMMISSIONER ROSS: Especially coming from
7 my previous role as a mayor. And, Commissioner James, you
8 came from that same role. As a County, we strive to give
9 those municipalities the ability to take this under their
10 control. And we had a community in here stating they
11 wished it was under their control; yet when we gave it to
12 them to annex, the availability to do so, they turned it
13 down.
14 And that, to me, is saying you want it but
15 pushing it away. And that's a frustrating thing. Because
16 we, as a County, are trying to work with our municipalities
17 to give them that control over how they see their
18 communities getting built out.
19 And I'm going to state it for the record:
20 Our communities, if you're going to say you want it, take
21 it. Right? We're trying to give you that opportunity and
22 give you that availability.
23 And coming from that other side, I
24 understand there's this them and us. And there's that
25 conflicting battle. Right? But if I'm going say I want to
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1 control how that looks, I dang well better be willing to
2 take it on myself. Right?
3 And that's frustrating to hear from that,
4 when you have various authorities that designed how that
5 looked -- that area looked without coming to us for any
6 input on it either.
7 And I would really encourage our
8 municipalities -- and we've said this in previous
9 cases -- to work with the County. Right? Because we can
10 be a resource and give them ideas on how that is built. We
11 have a whole dang division -- right? -- that can be a
12 resource for our municipalities as they build out.
13 And I just got to clear the air with that.
14 So I apologize.
15 CHAIR FREEMAN: No, you're fine.
16 COMMISSIONER JAMES: And I appreciate that.
17 And five years ago, I sat on that side as well. In fact,
18 five years ago, I, as a member of the Johnstown's town
19 council, voted for a resolution of opposition to this
20 facility. But that's because I sat as a Johnstown town
21 council member, and I had to apply Johnstown's
22 Comprehensive Growth Plan to that situation.
23 That Comprehensive Growth Plan, while it was
24 nice for us to consider, is nowhere in a CPA that we have
25 with the Town of Johnstown that will honor it. And so I
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1 share your frustration. And it's not that we don't
2 recognize that. It's if we are to be people of Code, if we
3 were to enforce that which is in front of us on paper and
4 not be to arbitrary and capricious about it, to truly get
5 down to the belly of our Code, there is nothing in our
6 code, nothing that like it in a CPA with the Town of
7 Johnstown, that says that we'll honor their Comprehensive
8 Plan or their Growth Management Area.
9 So, therefore, I -- while I appreciate them
10 chiming in with their wishes, in my mind, it holds no
11 credence in this procedure.
12 COMMISSIONER ROSS: Thank you.
13 CHAIR FREEMAN: Okay. Any further
14 discussion? Okay. Well, what do you guys want to do?
15 I guess the one thing, as we've had that
16 conversation, is maybe just put for -- on the record, if I
17 could have the applicant -- you've had a chance to look at
18 the Conditions of Approval. Are there any of those that
19 you wanted us to take a look at?
20 MR. CONNOLLY: No. We agree to all of them.
21 CHAIR FREEMAN: Okay. Did the Board have
22 any of the Conditions of Approval that they wanted to look
23 at?
24 UNIDENTIFIED SPEAKER: None to look at.
25 CHAIR FREEMAN: You didn't see any?
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1 COMMISSIONER ROSS: I don't, no. Thank you,
2 Mr. Chair.
3 CHAIR FREEMAN: Okay. So -- go ahead.
4 COMMISSIONER MORENO: First, if I may just
5 start some of this conversation just again.
6 CHAIR FREEMAN: Go ahead.
7 COMMISSIONER MORENO: I want to say thank
8 you to everybody. And, again, we have said this before, to
9 have the people here and the voice. And we have heard from
10 both sides here, support and opposition to this here.
11 And these are difficult things, because one
12 of the things I learned in that 2015 case that would be
13 mentioned is that the property rights isn't just the people
14 that own it. The property rights go to the impact of what
15 is surrounding the property there, of the request here to
16 the Board of County Commissioners.
17 And it's a not just that. It's the surface
18 and below the surface property rights can be mentioned in
19 many different ways and arguments here. And we've had much
20 testimony to this whole thing.
21 And I remember clearly in 2015 about the
22 protection of the citizens here. We have the citizens
23 saying that -- that we weren't protecting them in that USR.
24 We were mitigating and trying to do the best we can;
25 although, they were in disagreeance with it. We were told
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1 that we weren't listening to the staff; that we need to
2 listen to our staff.
3 Yet today, we have our staff here saying
4 that -- for the reasons that they presented here in the
5 sections of our code here, in Section 22, and laid out the
6 codes, goals and everything else, why this is appropriate
7 for the Change of Zone and that.
8 So I struggle with hearing the comments on
9 both sides here telling me that I need to listen to the
10 people -- to our staff more. And now today, we're hearing
11 complete opposite of why they disagree with the staff and
12 that, and our voices aren't being heard that. The
13 that -- the only way voices are heard is if you agree with
14 one side or the other.
15 And so that's why it makes it very difficult
16 when you hear these arguments and very compelling arguments
17 here. Then you have presentations where -- you know, and I
18 don't mean to just call out one individual, which when we
19 hear the qualifications of -- of presentations, then we
20 hear the presentation that someone's just putting something
21 together and with no qualifications.
22 So it's very difficult for us here on the
23 Board and hearing these arguments here on both sides. But
24 I am leaning towards supporting this Change of Zone.
25 CHAIR FREEMAN: Okay. So I think -- I think
295
1 where we're at is -- so if you -- so if this -- if you
2 could just step up one more time. I'm not sure what the
3 motion is going to be or where we're going to -- where
4 we're going here for sure.
5 But if this Change of Zone is approved
6 today, do you agree to abide by the Conditions of Approval?
7 MR. CONNOLLY: Yes.
8 CHAIR FREEMAN: Okay.
9 COMMISSIONER JAMES: Let me spitball some
10 more, if I could, Mr. Chair.
11 CHAIR FREEMAN: Go ahead.
12 COMMISSIONER JAMES: Okay. I woke up this
13 morning and hit myself in the head with the car door, and I
14 should have took that as a sign.
15 This will easily be the most difficult
16 decision I make as a County Commissioner. Why? Because
17 this is in District 2. Why? Because this is Johnstown.
18 Why? Because I have friends in this room on both sides of
19 this issue. And so, therefore, I'm a little frustrated
20 with Commissioner Freeman who told me that every decision I
21 made as a County Commissioner would be easy. The hardest
22 decision I would be making is what I'd have for lunch. And
23 that's not good.
24 CHAIR FREEMAN: I don't actually remember
25 telling you that, Mr. James.
296
1 COMMISSIONER JAMES: A little frustrating.
2 But I've said before, the land use planning
3 is not a popularity contest. And we have heard comments
4 and compelling testimony on both sides of this issue. But
5 regardless of whether we get 100 or 1,000 public inputs,
6 those public inputs most -- focus around that which is in
7 our Code. And that which in our Code is pretty clear and
8 unbendable.
9 So just for me -- and I'm not ready to make
10 a motion, but I'm going put some of what I have
11 found -- I'm going put some findings into the record here.
12 CHAIR FREEMAN: Okay.
13 COMMISSIONER JAMES: Section 23-2-40,
14 paragraph B, says that we shall hold this public hearing.
15 We have done that. We have heard testimony from both
16 sides. So I find that we have done that.
17 We must consider the recommendation of the
18 Planning Commission. They tied four to four, so there's no
19 recommendation there. I thank them for their help.
20 Number 2, we must consider the facts
21 presented today and the facts that were presented by the
22 Planning Department staff. They have -- Planning staff has
23 recommended approval. I'll put that into evidence.
24 We must ensure that the applicant fulfill
25 the application requirements of Section 23-2-50. Our
297
1 Planning staff determined this, so based on their comments
2 and on my personal observation, they have met this.
3 The applicant shall -- shall be approved if
4 they meet -- and this is what's interesting. The applicant
5 shall be approved -- shall, not will -- shall rather, shall
6 be -- shall be -- applicant shall be approved if they meet
7 each of the five criteria.
8 Section 23-2-40, paragraph B.1, Proposals
9 are consistent with Chapter 22 of the Code. 22 is a
10 Comprehensive Plan. I believe that this applicant has,
11 with the testimony they have given here today, with that
12 which is in the record, I believe that they have shown that
13 I-3 zoning is appropriate. They have met the Comprehensive
14 Plan.
15 Section -- where am I at? Section 23-2-40,
16 paragraph B.2, says that the uses which would be allowed
17 by -- on the subject property by granting the Change of
18 Zone will be compatible with the surrounding land uses.
19 With all that we have said today, taking
20 into consideration the use that exists, I believe them to
21 be compatible.
22 Section 23-2-40.B -- paragraph B.3, that
23 adequate water supply and sewer service can be made
24 available to the service site -- to serve the site, rather.
25 No concerns were expressed by the Department of Public
298
1 Health and Environment, therefore, they have met this
2 requirement. So that's three of the five.
3 Section 23-2-40.B.4, The streets, roads, or
4 highway facilities provide access to the property are
5 adequate in size to meet the requirements of the proposed
6 zoned district. I believe that they have indicated this;
7 and, therefore, they have met that requirement.
8 Finally, Section 23-2- -- 2 - it's 23-2-40,
9 paragraph B.5, that in those instances where the following
10 instances are applicable to the zoning request, the
11 applicant has demonstrated compliance with the applicable
12 standards, overlay zoning district -- there is no overlay
13 zoning district.
14 Commercial and mineral deposits, I agree
15 with Planning -- with Planning staff; there's no commercial
16 mineral deposits there.
17 Soil conditions, I agree with the Planning
18 staff about their findings on the soil conditions and that
19 soils are not prohibited with change in zone.
20 So that would -- my
21 submissions -- submissions, rather to findings.
22 CHAIR FREEMAN: Okay.
23 COMMISSIONER ROSS: I would concur with the
24 statements and the Code that Commissioner James just
25 mentioned.
299
1 CHAIR FREEMAN: Okay. So I think we're at a
2 spot where somebody needs to make a motion.
3 MR. CHOATE: I can't do it, guys.
4 UNIDENTIFIED SPEAKER: Really.
5 COMMISSIONER ROSS: I'll do it. You guys
6 can go one way or the other with it.
7 CHAIR FREEMAN: Okay.
8 COMMISSIONER ROSS: Mr. Chair, I would move
9 to approve zoning of the I-3 zone with staff conditions.
10 So I need to add --
11 CHAIR FREEMAN: Add the findings of the
12 Planning staff --
13 COMMISSIONER ROSS: Yes.
14 CHAIR FREEMAN: -- as well as all of
15 findings that Commissioner James just --
16 COMMISSIONER ROSS: Correct. And
17 testimonies given today.
18 COMMISSIONER MORENO: Second.
19 CHAIR FREEMAN: Okay. It's been moved by
20 Commissioner Ross and seconded by Commissioner Moreno to
21 approve the Change of Zone, COZ20-004, with all of the
22 Conditions of Approval as agreed upon, as well as the
23 findings by the Planning staff and the findings included by
24 Commissioner James.
25 Any further discussion?
300
1 Okay. All in favor?
2 UNIDENTIFIED SPEAKERS: Aye.
3 CHAIR FREEMAN: Opposed?
4 Motion carries.
5 I want to thank everybody. It's been a
6 really long day. I appreciate everybody's patience. Thank
7 you once again for coming. We appreciate everybody's
8 input. And at this point, we are adjourned.
9 (WHEREUPON, the meeting was adjourned at the hour
10 of 5:38 p.m.)
11 (End of Audio Recording)
301
Weld County Board of Commissioners
7/22/2020
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Page 331
TRANSCRIBER'S CERTIFICATE
I, Carmen Murphy, a Registered Professional
Reporter and Notary Public within and for the State
of Colorado, do hereby certify that I prepared the
foregoing transcript from an audio recording of the
proceedings.
I further certify that the transcript is
accurate to the best of my ability to hear and
understand the audio recording.
I further certify that I am not an attorney,
nor counsel, nor in any way connected with any
attorney or counsel for any of the parties to said
action, nor otherwise interested in the outcome of
this action.
My commission expires April 22, 2021.
((L Jn.et7 4' --
CARMEN MURPHY
Registered Professional Reporter
and Notary Public.
CARMEN wmPHY
$awWruauc
gTATfi of COLORADO
NOTARY IO 20044012363
YYC0MM* E upd22.21121
Daus ter I Murphy
303.522.1604
1 CERTIFICATE
2
3 STATE OF COLORADO)
4
5 ) ss
6
7 COUNTY OF WELD )
8
9 I, Esther E. Gesick, Clerk to the Board of Weld County
10 Commissioners and Notary Public within and for the State of Colorado,
11 certify the foregoing transcript of the digitally recorded proceedings, In re:
12 CHANGE OF ZONE, COZ20-0004, FROM THE A (AGRICULTURAL)
13 ZONE DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT -
14 GERRARD INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC, before the
15 Weld County Board of County Commissioners, on Wednesday, July 22,
16 2020, and as further set forth on page one. The transcription, dependent
17 upon recording clarity, is true and accurate with special exceptions(s) of any
18 or all precise identification of speakers, and/or correct spelling or any
19 given/spoken proper name or acronym.
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Dated this 19th day of November, 2020.
geize,tozL-leA
Esther E. Gesick, Notary
Weld County Clerk to the Board
ORIGINAL
CERTIFIED COPY ( )
ESTHER E. GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2021
Weld County Board of Commissioners
7/22/2020
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49 [4] - 65:2, 316:17,
316:25
5 [11] - 3:16, 9:16,
15:12, 17:3, 27:22,
84:1, 172:2, 249:20,
262:20, 263:1,
310:13
5,000 [1] - 157:11
50 [5] - 280:16, 281:8,
283:13
500 [3] - 26:9, 75:20,
195:16
500 -foot [1] - 192:13
501[1]-54:6
510[1]-25:10
53 [1] - 283:13
54 [1] - 170:10
55 [e] - 165:6, 165:21,
168:6, 256:22,
256:25, 257:3,
280:16, 280:19
56 [13] - 3:20, 7:6,
7:10, 29:23, 120:12,
153:6, 189:9,
189:10, 191:6,
192:6, 222:16,
231:23, 273:10
5:28 [1] - 330:10
5:30 [1] - 253:7
7 [6] - 16:13, 18:7,
18:19, 151:1,
152:21, 313:11
7 -a -bale [1] - 101:24
7 -year -old [3] -
222:21, 223:4,
223:10
70 [4] - 15:21, 56:2,
172:13, 260:19
700 [1] - 106:19
71 -year -old [1] - 171:2
73[1]-12:1
74[1]-12:1
75 [4] - 32:12, 32:16,
40:7, 42:1
750 [4] - 26:20, 77:17,
86:24, 91:9
77 -year -old [1] -
170:17
770 [1] - 26:12
7:00 [4] - 42:7, 229:1,
261:5
7:16 [1] - 261:7
7th [1] - 218:12
8
6
6 [5] - 17:17, 18:8,
197:23, 317:20,
318:13
60 [2] - 281:16, 281:21
600 [1] - 26:3
6190 [1] - 222:16
6248 [1] - 231:23
6433 [2] - 120:11,
189:9
65 [1] - 167:11
6626 [1] - 104:16
6645 [2] - 168:24,
195:6
6681 [2] - 148:2,
158:25
67[1]-3:17
6720[1]-213:4
6771 [1] - 217:1
67th [1] - 62:1
68[1]-187:8
68-year[1] - 187:2
6897 [1] - 219:8
6943 [1] - 153:6
6:00 [1] - 229:1
6:30 [1] - 185:21
8 [1] - 283:16
8,000 [1] - 172:14
80 [13] - 32:12, 32:16,
40:7, 41:24, 165:3,
165:4, 165:20,
168:2, 168:17,
280:15, 280:19,
281:6, 281:7
800 [2] - 25:20, 60:22
80504 [1] - 282:8
80534 [3] - 119:25,
222:17, 231:24
81212[1]-54:7
85 [3] - 65:4, 98:15,
165:20
8:00 [1 ] - 229:1
9
90 [1] - 230:16
900,000 [1] - 214:12
950 [1] - 43:15
9536 [1] - 282:7
98 [2] - 147:4, 316:3
9925 [1] - 107:14
9:30 [1] - 253:7
9th [1] - 251:1
Dauster I Murphy
303.522.1604
a.m [5] - 2:10, 229:1,
253:16, 261:5, 261:7
abandon [1] - 53:23
Abatement [1] - 18:13
abide [I] - 324:18
abilities [1] - 208:2
ability [18] - 22:19,
47:14, 55:4, 64:4,
97:14, 101:9, 110:8,
117:9, 187:14,
211:9, 241:11,
241:17, 272:3,
279:5, 307:5,
319:12, 331:8
able [15] - 10:4, 22:16,
52:24, 55:13,
101:25, 108:25,
110:14, 112:5,
134:12, 150:23,
166:22, 169:13,
170:22, 182:8,
224:18
absolute [2] - 217:15,
227:21
absolutely (12] - 35:4,
117:2, 118:25,
129:20, 139:5,
140:18, 227:19,
228:4, 228:15,
228:21, 287:11,
302:23
absorb [2] - 258:18,
258:21
absorbative [1] -
258:17
absorbed [2] - 170:3,
255:23
absorption [3] -
255:6, 255:22,
255:24
abstaining [1] - 29:1
abstract [1] - 48:12
abundantly [1] - 263:4
abused [1] - 53:6
Accela [1] - 303:7
accelerate [1] - 237:9
accelerated [1] -
203:22
accelerates [1] - 237:6
accept [4] - 101:16,
140:6, 300:24, 301:5
acceptable [4] -
157:3, 186:3,
251:12, 295:6
acceptance [2] -
139:12, 139:21
accepted [6] - 15:22,
Page
230:18, 268:25,
293:18, 293:20,
293:22
accepting [2] -
128:13, 298:24
access [11] - 9:14,
27:5, 39:10, 39:11,
99:10, 156:11,
214:16, 316:12,
316:20, 317:2,
327:25
accessible [1] - 19:4
accidents [1] - 237:12
accommodate [3] -
89:20, 108:7, 273:20
accommodation [2] -
107:23, 107:24
accomplish [1] - 60:3
accomplished [2] -
275:11, 275:12
accordance [5] - 8:6,
15:4, 18:4, 242:19,
256:9
according [3] - 15:13,
18:12, 158:2
account [10] - 20:19,
113:14, 137:20,
137:21, 160:24,
175:6, 256:18,
279:6, 285:2, 308:11
accountability [1] -
213:25
accountable [1] -
213:16
accounts [2] - 210:9,
251:11
accumulated [1] -
237:20
accurate [1] - 331:8
accused [1] - 273:3
achieve [3] - 47:19,
247:18, 286:12
achieved [6] - 48:4,
92:17, 247:14,
247:16, 257:4,
275:10
achieves [1] - 244:6
achieving [1] - 47:25
acknowledge [1] -
199:5
acknowledged [3] -
71:2, 127:9, 258:5
acknowledges [1] -
135:7
acoustical [2] -
252:17, 282:11
acoustics [2] -
288:13, 288:14
acquired [2] - 54:11,
333
Weld County Board of Commissioners
7/22/2020
54:23
acres [s] - 77:5, 152:2,
153:25, 176:15
Act [6] - 8:9, 80:13,
199:9, 242:6,
270:18, 271:3
act [3] - 47:20, 47:23,
74:21
Acting [1] - 2:17
Action [1] - 7:21
action [10] - 8:11,
8:17, 13:4, 216:2,
216:3, 216:7,
264:15, 309:1,
331:13, 331:14
actions [3] - 88:11,
151:13, 200:6
active [2] - 227:5,
267:4
actively [1] - 10:11
Activities [1] - 265:14
activities [11] - 7:23,
60:7, 65:6, 86:23,
179:3, 265:16,
265:21, 268:8,
270:9, 284:6, 284:10
activity [6] - 143:14,
166:17, 176:24,
264:23, 264:25,
268:7
acts [1] - 201:8
actual [20] - 25:18,
25:24, 78:14, 83:18,
88:13, 119:10,
124:25, 141:16,
160:22, 175:11,
176:2, 256:15,
257:19, 272:6,
272:21, 272:23,
272:25, 273:1,
285:22, 288:2
acute [1] - 172:21
adapt [1] - 13:1
add [12] - 107:1,
107:9, 109:15,
144:19, 147:3,
195:21, 210:8,
231:15, 237:19,
276:4, 329:9, 329:10
added [10] - 34:13,
40:21, 166:3, 166:6,
167:14, 203:24,
261:24, 298:18,
300:21, 302:6
adding [1] - 285:6
addition [6] - 34:13,
82:18, 97:13, 125:2,
169:23, 198:18
additional [33] -
31:16, 39:11, 44:2,
53:9, 79:1, 83:2,
88:7, 88:9, 89:19,
90:2, 90:8, 90:12,
99:23, 128:7,
144:14, 162:9,
166:3, 178:22,
178:23, 218:23,
261:14, 261:21,
262:1, 271:18,
271:20, 272:14,
296:20, 296:25,
298:8, 300:17,
301:14, 302:7,
311:20
additionally [3] -
284:24, 285:3,
285:24
additives [1] - 282:1
address [23] - 13:6,
22:17, 22:21, 43:4,
43:15, 70:5, 73:12,
95:25, 104:11,
104:16, 109:7,
118:3, 119:23,
160:16, 225:3,
232:19, 232:20,
239:13, 240:14,
274:1, 282:19,
292:25, 305:14
addressed [4] - 17:13,
73:17, 94:11, 180:4
addresses [1] - 12:19
addressing [3] - 13:5,
85:5, 201:2
adds [1] - 107:18
adequate [10] - 9:10,
9:14, 14:1, 26:21,
27:6, 71:17, 270:19,
277:5, 327:18, 328:1
adequately [3] - 28:8,
69:17, 70:21
adjacent [26] - 3:18,
3:19, 7:10, 14:10,
14:12, 14:22, 16:18,
23:14, 27:13, 27:15,
28:7, 62:8, 77:6,
87:4, 107:7, 117:13,
124:11, 136:6,
164:20, 165:16,
165:19, 198:15,
207:3, 208:11, 248:9
adjourned [2] - 330:8,
330:9
adjust [1] - 117:11
administration [1] -
34:9
Administration's [1] -
24:19
administrative [3] -
8:21, 31:25, 133:4
admits [1] - 252:25
admitted [1] - 198:17
adopt [1] - 44:16
adopted [3] - 9:24,
39:18, 137:19
adult [3] - 75:16,
243:24, 244:20
advancements [2] -
18:16, 24:18
advantage [3] - 88:20,
155:2, 292:10
advantageous [1] -
68:23
advantages [1] -
60:15
adverse [s] - 124:21,
124:24, 136:19,
206:4, 272:8
advice [1] - 292:6
advised [1] - 4:13
advocacy [1] - 138:20
affect [4] - 13:3, 93:4,
130:8, 195:10
affected [6] - 11:15,
16:16, 22:16, 24:5,
120:6, 295:12
Affinity [1] - 104:19
afford [3] - 80:21,
228:23, 272:17
affordability [1] -
235:12
affordable m -
187:14, 188:17,
188:20, 188:21,
201:3, 207:15,
222:12
afternoon [20] - 6:11,
104:4, 104:5,
104:10, 109:1,
119:19, 123:7,
163:5, 187:2,
192:10, 197:9,
200:16, 204:5,
206:21, 216:25,
225:1, 229:6,
229:18, 233:20
ag [>>] - 147:5, 147:9,
279:21, 279:22,
279:24, 280:1,
280:14, 280:15,
315:22, 316:4,
318:21
agencies [1] - 27:3
agency [4] - 12:20,
22:16, 264:14,
264:16
ages [1] - 227:5
Dauster I Murphy
303.522.1604
agglomeration [1] -
19:9
aggregate [35] -
40:12, 52:11, 54:12,
54:25, 55:3, 55:6,
55:13, 59:10, 74:7,
74:12, 81:12, 81:13,
81:14, 90:13, 97:8,
97:9, 97:25, 98:22,
98:23, 99:14, 99:20,
126:25, 137:9,
166:25, 172:11,
187:19, 189:11,
228:16, 230:7,
231:2, 266:15,
271:1, 284:14,
297:4, 297:19
aggregate -based [2] -
97:8, 99:20
aggregates [s] -
54:22, 97:7, 97:18,
98:24, 201:19
aggressively [1] -
66:20
ago [23] - 12:9, 97:22,
111:13, 115:16,
166:12, 168:12,
170:12, 172:17,
184:3, 187:8,
197:12, 198:14,
205:25, 208:8,
229:8, 234:13,
234:18, 236:8,
256:20, 315:10,
320:21, 320:22
AGPROfessionals [1]
- 46:11
agrarian [2] - 77:25,
78:3
agree [22] - 48:2, 48:9,
49:21, 49:24, 68:5,
83:4, 144:23, 150:1,
156:16, 191:15,
233:1, 253:20,
305:7, 311:18,
315:6, 317:3, 317:6,
322:1, 323:24,
324:18, 328:11,
328:14
agreed [3] - 52:25,
80:6, 329:21
agreeing [3] - 58:10,
93:21, 94:1
Agreement[1] - 15:5
agreement[is] -
13:22, 14:6, 15:1,
16:4, 17:1, 18:6,
20:12, 20:17, 20:18,
39:16, 116:2, 117:6,
Page 334.
118:13, 176:24,
239:24
agreements [2] -
16:12, 116:4
agri [1] - 153:22
agribusiness [1] -
153:22
agricultural [52] -
3:11, 7:4, 7:13, 11:7,
11:13, 22:3, 22:24,
22:25, 24:5, 24:17,
29:18, 45:7, 50:24,
51:9, 70:5, 72:1,
86:17, 101:21,
108:1, 110:4,
120:12, 120:21,
129:15, 129:16,
131:16, 132:15,
133:18, 134:21,
134:23, 135:2,
140:22, 143:5,
143:21, 144:9,
145:23, 147:7,
147:16, 147:18,
153:24, 154:8,
154:14, 207:18,
211:21, 211:25,
242:25, 244:4,
244:7, 244:19,
244:24, 246:6,
268:7, 309:13
AGRICULTURAL [1] -
2:4
agricultural-themed
[1] - 86:17
agriculturally 0] -
11:8
agriculture [11] -
21:10, 70:7, 76:23,
126:21, 131:8,
132:10, 134:19,
153:23, 154:3,
176:16, 243:1
agritourism [1] -
153:22
ahead [411- 3:2, 6:11,
6:23, 39:7, 42:15,
43:2, 47:3, 52:3,
104:3, 104:6,
104:10, 116:25,
117:1, 123:8,
123:10, 123:23,
123:24, 124:2,
173:23, 194:15,
195:2, 199:24,
209:6, 209:15,
209:17, 209:20,
210:2, 231:22,
238:8, 238:9,
Weld County Board of Commissioners
7/22/2020
238:18, 288:23,
299:5, 303:15,
303:16, 310:1,
319:8, 322:10,
322:13, 324:24
aid [1]-18:16
aimed [1] - 51:13
Aims [1] - 175:17
air [35] - 44:25, 73:10,
76:1, 80:15, 80:21,
80:23, 80:24,
188:16, 195:8,
195:12, 195:19,
195:24, 196:4,
211:8, 237:1,
237:23, 245:15,
263:6, 264:7,
265:10, 266:10,
268:11, 268:25,
269:25, 270:13,
270:17, 270:21,
270:22, 293:9,
294:16, 298:25,
299:1, 300:9, 320:17
Air [6] - 80:13, 207:24,
265:17, 270:18,
271:3
aircraft [3] - 185:10,
185:11, 253:10
airplanes [1] - 166:17
airport [1] - 74:19
airports [2] - 27:12,
132:17
airway [1] - 236:16
alarms [2] - 261:23,
261:25
albuterol [1] - 223:1
alert [1] - 168:8
alfalfa [2] - 101:19,
154:2
Algonquin [2] - 29:9,
217:1
align [1] - 48:25
aligned [1] - 197:14
allergens [0] - 217:18
allergies [8] - 170:17,
170:19, 171:19,
217:9, 217:10,
264:11, 264:12,
270:5
allergist [1] - 217:17
allergy [1] - 270:4
allocation [2] - 24:2,
92:9
allow [22] - 5:10, 10:5,
50:25, 51:9, 54:24,
74:17, 96:8, 126:22,
126:24, 130:5,
132:12, 132:22,
136:23, 165:2,
167:25, 199:12,
199:20, 211:24,
223:10, 231:13,
252:6, 276:13
allowable [2] - 32:10,
281:5
allowed [38] - 8:20,
9:7, 19:22, 31:1,
31:16, 57:5, 57:9,
75:7, 75:13, 75:17,
75:21, 94:4, 99:3,
125:15, 131:15,
133:1, 135:20,
136:21, 147:14,
147:15, 149:21,
152:16, 165:3,
168:2, 177:23,
221:17, 224:19,
244:1, 244:4, 244:5,
244:14, 244:15,
244:18, 244:24,
245:6, 245:14,
246:22, 327:11
allowing [5] - 124:15,
132:11, 135:4,
211:20, 243:2
allows [4] - 12:22,
73:25, 74:15, 311:21
alluded [1] - 148:20
almost [9] - 29:15,
30:5, 30:12, 62:24,
76:22, 152:8, 152:9,
189:15, 283:1
alone [3] - 83:7, 126:5,
236:17
altar [1] - 250:19
altitude [1] - 165:15
amazed [i] - 185:2
amazing [2] - 148:6,
250:3
Amazon [1] - 152:8
ambient [9] - 253:4,
253:8, 253:13,
253:16, 254:2,
255:7, 270:17,
282:16, 286:10
amenable [1] - 296:20
Amendment [1] -
125:22
American [1] - 25:6
amount [6] - 87:18,
88:13, 97:18, 222:7,
248:5, 290:6
amounts [2] - 162:4,
235:19
amplitude [1] - 167:18
Anadarko [2] - 29:12,
150:18
analyses [1] - 176:19
Analysis [1] - 18:13
analysis [9] - 45:15,
159:12, 160:16,
161:13, 248:12,
256:15, 282:12,
282:15, 288:2
AND [1] - 2:6
ANDERSON [1] -
219:7
Anderson [1] - 219:7
Andrew [2] - 282:2,
282:7
ANEST[2] - 223:14,
228:9
Anest [2] - 223:15,
228:10
Angela [29] - 2:20,
6:23, 6:24, 30:19,
30:21, 32:10, 32:15,
34:24, 36:4, 36:8,
42:13, 42:16, 43:19,
43:24, 45:19, 62:2,
69:2, 69:17, 248:14,
275:25, 276:12,
278:19, 292:22,
294:6, 298:7,
303:13, 307:13,
318:19
angela [1] - 69:9
Angeles [1] - 287:21
animals [1] - 96:19
Ann [1] - 229:19
annex [5] - 14:20,
110:21, 111:8,
112:19, 319:15
annexation [9] - 15:3,
15:13, 15:17, 15:19,
15:25, 111:5,
111:11, 176:24,
177:5
annexing [1] - 16:14
announced[1]-
203:16
announcing [1] - 7:5
annually [1] - 215:10
anonymous [I] -
23:18
anonymously [1] -
23:22
answer [31] - 30:18,
34:4, 35:20, 39:20,
45:22, 69:15, 73:22,
73:23, 79:16, 91:23,
92:24, 93:17, 95:11,
113:10, 113:16,
113:21, 116:18,
141:21, 185:25,
186:12, 186:15,
Dauster' I Murphy
303.522.1604
191:2, 239:7,
252:24, 262:17,
283:7, 290:14,
291:21, 294:22,
307:17
Answer [1] - 275:21
answered [1] - 307:21
anti [1] - 218:18
anti-inflammatory [1]
- 218:18
anticipated [2] -
94:16, 105:10
anxiety [1] - 203:22
anyway [6] - 99:7,
161:12, 183:8,
188:14, 227:22,
263:24
anyways [i] - 216:21
Apache [6] - 29:17,
148:2, 158:25,
168:24, 195:6, 213:4
apart [2] - 131:20,
287:25
apartment 0] - 106:19
apartments [1] -
106:21
apologize [5] - 35:24,
42:13, 123:4, 289:5,
320:18
apparent [1] - 162:13
appasey [i] - 264:25
appeal [20] - 31:19,
31:22, 31:24, 32:4,
32:8, 34:8, 53:17,
57:4, 127:2, 127:5,
127:9, 127:23,
128:11, 135:13,
138:7, 140:3, 141:2,
182:6, 241:15
appealed [2] - 53:14,
127:2
Appeals [16] - 7:18,
37:16, 52:16, 52:22,
127:13, 129:18,
131:10, 135:13,
137:15, 164:12,
164:22, 168:12,
205:7, 220:10,
220:11, 304:22
Appeals' [3] - 52:18,
53:1, 128:12
appear [3] - 199:17,
262:24, 271:10
applaud [1] - 249:15
apples [1] - 142:24
applicability [1] -
113:7
applicable [8] - 9:17,
9:19, 27:23, 27:25,
Page 335
145:15, 271:3,
328:7, 328:9
applicant [42] - 3:9,
5:2, 7:2, 9:18, 11:21,
12:16, 15:2, 15:9,
15:11, 26:18, 27:24,
30:17, 32:1, 32:4,
43:2, 43:3, 47:9,
47:13, 87:12, 92:25,
103:18, 104:1,
105:7, 105:23,
114:23, 121:18,
131:2, 132:6,
198:17, 199:3,
204:17, 238:9,
286:11, 286:12,
291:12, 321:23,
326:17, 326:22,
326:24, 326:25,
327:5, 328:8
applicant's [3] -
47:14, 192:13,
199:15
applicants [2] - 22:20,
118:20
application [54] -
5:16, 12:8, 15:4,
15:21, 22:14, 28:3,
28:21, 43:21, 44:13,
46:25, 47:11, 47:23,
48:9, 48:12, 49:8,
57:3, 58:6, 92:14,
93:16, 93:22, 95:18,
96:10, 96:12,
109:12, 109:16,
115:21, 120:10,
120:15, 121:10,
121:16, 124:12,
125:5, 126:12,
126:16, 126:19,
129:2, 131:22,
133:22, 134:25,
141:6, 144:16,
147:23, 173:5,
176:6, 176:9, 186:7,
206:16, 216:22,
220:17, 220:22,
228:12, 229:14,
270:24, 326:18
application's [1] - 9:1
applications [7] -
48:11, 118:15,
118:16, 118:20,
125:7, 143:16,
208:19
applied [3] - 151:2,
214:8, 280:14
applies [7] - 132:1,
132:11, 135:18,
Weld County Board of Commissioners
7/22/2020
165:20, 214:3,
220:8, 275:5
apply [13] - 18:9,
58:14, 79:21,
129:14, 139:7,
167:23, 245:16,
265:25, 266:2,
307:5, 321:1
applying [2] - 138:17,
144:21
appointments [1] -
218:24
appreciate [15] -
106:16, 125:8,
173:24, 188:25,
189:6, 229:13,
274:5, 274:16,
291:16, 301:6,
307:19, 320:20,
321:15, 330:5, 330:6
appreciation [7] -
159:21, 159:25,
161:4, 161:18,
161:20, 161:21,
162:7
approach [1] - 86:10
approached [4] - 15:9,
15:12, 98:17
approaching [1] -
66:12
appropriate [10] -
12:20, 14:20, 42:14,
46:18, 115:12,
133:11, 144:2,
201:7, 323:17, 327:8
appropriately [1] -
318:25
approval [31] - 8:23,
12:22, 20:4, 21:3,
45:19, 50:17, 51:8,
51:24, 54:13, 62:4,
64:3, 67:12, 69:9,
7a2, 87:23, 92:15,
95:19, 121:19,
121:24, 127:10,
140:10, 173:7,
209:2, 239:13,
239:22, 300:22,
321:24, 322:4,
324:19, 326:15,
329:21
approve [15] - 8:24,
67:23, 95:17, 110:2,
114:17, 168:14,
198:13, 220:16,
222:4, 224:23,
245:7, 245:10,
258:12, 329:8,
329:20
approved [31] - 12:12,
17:7, 36:17, 50:14,
50:15, 51:2, 51:20,
65:25, 69:4, 69:24,
79:22, 81:21, 83:22,
98:5, 109:19,
114:19, 121:21,
127:1, 127:17,
137:2, 153:14,
155:22, 156:13,
158:20, 247:4,
291:19, 307:4,
324:17, 326:22,
326:24, 327:1
approving [2] - 47:21,
47:22
approximate [1] - 49:2
April [3] - 12:9, 15:22,
331:16
arbitrary [2] - 299:16,
321:9
architect [1] - 88:10
architects [1] - 154:23
architectural [3] -
51:17, 72:16, 251:14
architecturally [1] -
77:25
architecture [4] - 78:1,
78:4, 86:18, 312:13
are3 [1] - 258:25
area [144] - 14:4, 14:9,
14:25, 16:3, 16:6,
16:23, 18:25, 20:13,
20:14, 20:15, 21:5,
21:8, 21:10, 21:16,
24:2, 24:12, 28:15,
62:9, 62:10, 62:11,
62:14, 62:20, 62:23,
62:24, 64:1, 64:6,
64:11, 64:15, 64:24,
65:21, 67:9, 68:2,
68:3, 68:6, 68:9,
69:4, 70:8, 71:11,
71:23, 72:2, 77:6,
80:14, 83:13, 83:16,
83:18, 83:24, 84:5,
84:6, 84:10, 85:12,
97:23, 107:19,
108:6, 110:7, 112:9,
112:12, 112:14,
125:1, 130:9, 131:4,
132:16, 133:11,
133:16, 133:18,
133:19, 136:11,
137:6, 137:14,
138:19, 138:22,
139:1, 141:17,
142:23, 145:21,
145:23, 145:25,
146:10, 147:4,
147:15, 148:13,
152:19, 156:23,
158:6, 158:9,
164:16, 164:23,
165:4, 167:25,
168:9, 168:18,
175:23, 176:4,
176:13, 176:14,
177:6, 177:15,
178:7, 178:13,
180:16, 187:5,
188:3, 197:3,
198:10, 198:24,
202:10, 202:12,
202:14, 204:17,
205:12, 222:19,
225:24, 225:25,
228:11, 228:14,
229:11, 234:2,
236:12, 237:3,
246:10, 246:14,
247:7, 247:9,
247:24, 248:8,
248:16, 253:15,
253:19, 264:23,
267:11, 268:3,
268:6, 268:8, 271:8,
278:4, 278:16,
309:11, 309:13,
309:23, 320:8,
321:14
areas [43] - 13:22,
13:23, 13:25, 14:6,
16:4, 16:10, 19:17,
20:21, 24:25, 28:18,
63:4, 63:17, 64:19,
64:20, 65:8, 67:1,
70:7, 77:8, 84:11,
86:23, 87:5, 116:7,
118:14, 135:16,
136:10, 145:16,
177:7, 177:23,
178:1, 178:10,
178:12, 206:7,
221:24, 224:20,
225:12, 243:1,
243:2, 297:3, 302:8,
302:12, 316:16,
316:17
arguably [2] - 143:23,
187:11
argue [6] - 67:24,
105:17, 133:16,
139:17, 311:6,
316:21
arguing [5] - 128:20,
129:19, 129:25,
134:5, 134:14
Dauster'IMurphy
303.522.1604
argument [6] - 101:22,
134:1, 137:11,
138:20, 240:9,
241:21
arguments [11] -
105:18, 127:23,
128:7, 129:5,
200:19, 242:21,
318:5, 323:3, 324:1,
324:2, 324:9
arise [1] - 88:3
arises [1] - 70:18
arms [1] - 125:21
arrived [3] - 256:6,
260:20, 260:25
arrives [3] - 60:16,
60:23, 254:14
arriving [1] - 192:18
arrogant [1] - 130:2
arrow 0] - 164:18
arrows [2] - 244:2,
244:3
art [1] - 208:5
arterial [6] - 14:14,
22:10, 27:13, 28:7,
39:13, 64:9
artery [1] - 237:8
Article [4] - 9:3, 15:6,
18:7, 163:15
article [1] - 237:23
ash [4] - 284:15,
284:18, 284:22,
285:19
aside [4] - 76:23,
247:15, 291:19
aspect [2] - 162:10,
201:18
aspects [7] - 28:5,
49:21, 49:22, 94:5,
159:14, 208:17,
310:21
Asphalt [1] - 206:24
asphalt [39] - 25:23,
37:8, 51:11, 58:17,
60:10, 74:13, 79:24,
93:23, 98:25, 99:21,
108:13, 126:23,
137:3, 137:4, 137:8,
137:21, 139:8,
143:4, 152:17,
162:9, 184:8,
187:19, 193:11,
198:18, 198:25,
206:25, 207:2,
225:7, 225:20,
231:15, 232:21,
241:20, 245:20,
249:8, 260:12,
270:25, 276:14,
Page 336,
284:1, 306:25
assaulted [1] - 169:4
assembly[1] - 163:16
assert [1] - 134:12
asserting [1] - 308:22
assertion [1] - 181:17
assertions [2] - 129:6,
129:7
asserts [1] - 133:24
assess [2] - 144:2,
285:13
assessed [1] - 272:20
assessment [2] -
146:18, 272:20
assessor[2] - 160:23
asset [1] - 225:25
assist [2] - 88:10,
276:12
assistance [1] - 44:14
Assistance [1] - 17:15
Assistant[1] - 2:18
associated [4] -
157:18, 162:2,
198:9, 284:6
Associates [6] -
44:21, 78:13, 256:7,
282:3, 282:10,
287:13
Association [3] -
51:22, 189:1, 206:24
association [I] -
206:25
assortment [1] -
210:11
assume [5] - 41:4,
59:25, 255:6, 267:1,
281:3
assumed [2] - 140:2,
292:5
assumes [2] - 256:16,
257:20
assuming [4] - 127:7,
138:5, 168:2, 302:15
assumption [3] -
141:1, 278:3, 285:18
assumptions [1] -
255:16
assure [1] - 224:10
asthma [14] - 170:4,
170:12, 170:14,
171:3, 171:5, 171:9,
171:19, 190:24,
191:3, 222:23,
226:13, 227:7,
237:7, 264:9
asthmatic [2] - 223:2,
223:6
atmosphere [1] -
255:23
Weld County Board of Commissioners
7/22/2020
atmospheric [1] -
255:22
attacks [1 ] - 170:5
attainable [2] - 14:2,
187:15
attempt [2] - 150:17,
200:10
attending [1] - 181:14
attention [2] - 66:13,
125:8
attenuation [1] - 25:11
attorney [9] - 31:24,
124:5, 127:4,
142:10, 200:12,
290:1, 300:20,
331:10, 331:12
Attorney [1] - 2:18
attorney's [1] - 96:9
attract [2] - 63:3,
68:19
attributable [1] -
254:9
attributed [1] - 292:15
audible [2] - 255:9,
259:19
audience [2] - 6:14,
262:11
Audio [1] - 330:11
AUDIO [1] - 1:3
audio [7] - 2:8, 3:1,
93:13, 121:22,
194:11, 331:5, 331:9
August[6] - 8:3, 90:6,
127:1, 189:9, 250:4
Aurora [1] - 208:7
authorities [1] - 320:7
authority [19] - 33:2,
33:7, 33:25, 36:9,
36:10, 36:15, 45:2,
93:2, 93:5, 93:17,
111:17, 111:19,
112:5, 112:11,
129:21, 132:9,
139:9, 140:18,
290:19
automated [1] - 41:9
availability [2] -
319:16, 319:25
available [21] - 8:19,
9:11, 12:17, 12:19,
26:22, 50:23, 88:18,
89:8, 155:3, 207:15,
221:13, 238:25,
270:20, 292:2,
292:3, 295:3,
295:18, 296:14,
314:13, 316:19,
327:19
Avenue [3] - 25:18,
62:1, 234:18
average [3] - 158:2,
158:4, 161:20
averages [1] - 260:21
avoid [4] - 10:6, 53:20,
171:11, 255:19
avoiding [1] - 99:23
award [1] - 106:7
award -winning [1] -
106:7
aware [2] - 62:23,
226:22
awe [1] - 250:5
awesome [3] - 226:15,
250:4, 250:9
awful [3] - 122:10,
218:2, 243:19
aye [1] - 330:1
B
B.1 [2] - 310:13, 327:2
B.2 [4] - 30:25, 308:5,
317:12, 327:10
8.3[1]-327:17
B.5 [1] - 328:6
bachelor's [1] -
288:12
backdrop [2] - 140:20,
250:2
background [7] -
45:12, 45:13,
184:25, 250:20,
253:9, 254:1, 287:8
backing [1] - 29:10
backs [1] - 161:7
backup [2] - 261:23,
261:25
backyard [6] - 85:20,
194:6, 197:17,
203:17, 211:11,
232:22
bad [10] - 85:10,
188:13, 190:20,
191:3, 217:15,
226:17, 265:5,
270:5, 273:14
Bakehouse[2]-
202:19, 248:1
balance [12] - 46:17,
46:20, 46:21, 48:1,
48:4, 70:18, 92:7,
92:17, 92:20,
141:19, 225:21,
275:10
balanced [2] - 10:23,
91:1
balancing [8] - 46:24,
47:5, 47:8, 47:12,
47:17, 47:20, 47:23,
70:18
ball [2] - 205:18,
217:14
ballasts [1] - 97:20
band [1] - 259:18
Barbara [1] - 2:14
barely [1] - 229:11
barium [1] - 82:13
barking [1] - 166:17
barn [2] - 155:21,
156:12
barrier[3] - 165:5,
284:21, 285:2
barriers [12] - 18:1,
229:23, 230:7,
230:8, 230:14,
230:17, 230:25,
255:20, 255:21,
257:22, 258:17,
259:10
BARTOLOMEI [1] -
210:3
Bartolomei [1] - 210:4
base [3] - 12:12,
108:16, 259:7
based [46] - 10:14,
25:8, 52:19, 63:24,
65:16, 65:22, 67:24,
68:16, 78:14, 80:10,
83:7, 83:17, 97:8,
99:20, 105:25,
111:5, 113:17,
144:10, 147:5,
150:14, 150:24,
162:8, 168:7,
169:23, 181:6,
188:25, 205:18,
246:2, 255:15,
255:22, 256:15,
257:18, 269:16,
270:20, 272:19,
272:20, 272:21,
272:23, 272:25,
285:22, 294:5,
294:14, 295:18,
312:13, 326:20
baseline [5] - 166:15,
253:3, 253:13,
253:25, 254:3
basic [1] - 10:18
basing [1] - 160:18
basis [9] - 9:25,
140:10, 143:3,
143:19, 143:23,
169:4, 195:17,
279:2, 297:16
batch [9] - 7:15, 37:8,
51:11, 128:22,
Dauster I Murphy
303.522.1604
132:7, 276:14,
284:1, 284:6, 284:11
battery [1] - 43:11
battle [1] - 320:3
battled [1] - 313:16
battles [1] - 198:5
bay [2] - 284:25, 285:1
bays [1] - 24:24
bear [3] - 125:21,
202:1, 225:15
beautiful [3] - 203:13,
203:14, 222:10
became [1] - 128:13
become [2] - 20:22,
112:24
becomes [2] - 162:10,
220:19
becoming [1] - 162:13
beer [1] - 106:22
began [5] - 58:3,
169:2, 169:11,
172:13, 172:18
begin [6] - 3:25, 5:1,
43:18, 109:22,
133:18, 163:8
Beginning [1] - 3:1
beginning [2] - 83:5,
166:10
behalf [2] - 95:22,
120:1
behind [11] - 29:11,
29:13, 30:10, 99:24,
99:25, 177:11,
191:24, 250:18,
250:19, 267:13,
269:2
Behrens [15] - 44:20,
78:13, 78:18, 79:1,
167:5, 167:6, 256:7,
256:14, 257:7,
259:14, 262:15,
262:16, 282:3,
282:9, 287:12
Behrens' [1] - 78:22
belabor [1] - 69:10
belly [1] - 321:10
belongs [1] - 240:19
below [8] - 79:13,
156:9, 254:21,
254:23, 257:24,
258:7, 258:8, 323:2
belts [1] - 81:12
benchmark [1] -
214:18
benefit [7] - 60:13,
131:14, 207:8,
207:13, 212:10,
273:3, 293:1
benefits [1] - 60:6
Page 337
berm [9] - 37:9,
155:15, 156:6,
156:8, 156:9,
156:10, 196:7,
251:25, 267:13
berming [9] - 51:16,
72:16, 76:5, 77:4,
87:1, 87:18, 251:17,
255:19, 256:18
berms [13] - 18:11,
18:14, 24:16, 25:12,
87:9, 107:25,
199:16, 200:1,
229:23, 230:4,
230:15, 230:19,
251:19
beside [1] - 147:10
best [22] - 60:2, 73:17,
83:9, 120:24,
147:21, 147:22,
182:23, 186:3,
208:3, 212:19,
232:24, 235:6,
248:19, 252:16,
270:20, 272:22,
286:11, 295:18,
323:9, 331:8
bets [3] - 139:6, 241:9,
241:12
better [13] - 87:16,
100:12, 101:24,
113:10, 116:18,
187:6, 190:16,
191:3, 215:20,
215:21, 221:21,
278:2, 320:5
between [28] - 17:18,
18:2, 20:12, 25:13,
28:9, 67:5, 70:23,
72:10, 72:11, 76:19,
84:13, 86:22, 92:17,
92:18, 96:5, 102:1,
102:13, 117:20,
167:21, 167:22,
184:23, 184:25,
202:15, 248:15,
259:23, 260:2,
270:9, 318:14
beyond [6] - 72:12,
87:24, 101:2,
120:18, 197:24,
208:13
bias [2] - 206:1
biases [1] - 206:14
big [16] - 68:2, 68:3,
117:12, 118:2,
149:20, 154:10,
157:9, 161:24,
166:24, 176:14,
Weld County Board of Commissioners
7/22/2020
193:1, 195:13,
218:9, 287:11
bigger [i] - 149:12
biggest [3] - 63:16,
108:16, 230:11
biggie [1] - 308:4
billion [3] - 104:20,
157:11, 197:23
bind [1] - 290:19
binder [1] - 293:7
bins [1] - 266:17
biogas [i] - 150:22
biosolid [1] - 243:25
biosolids [1] - 244:21
bird [2] - 184:24,
254:10
birds [1] - 253:9
bit [22] - 27:18, 30:11,
45:10, 45:11, 51:5,
87:22, 100:12,
103:2, 117:16,
164:6, 165:14,
166:21, 168:25,
188:1, 189:20,
195:20, 204:13,
226:25, 237:20,
239:3, 255:18
Black (1] - 251:24
black [1] - 257:17
blame [4] - 138:2,
138:8, 185:19, 237:1
blank [1] - 167:6
blasts (1] - 254:18
bleeding [2] - 216:17,
262:8
blend [5] - 108:2,
271:19, 302:7,
302:10, 302:16
blends [1] - 28:13
bless [1] - 132:7
block [2] - 37:8,
251:19
blockages [1] - 172:6
blocks [1] - 87:3
blood [1] - 154:18
bloodstream [1] -
170:3
blow [0] - 184:1
blowing [3] - 269:10,
269:16, 269:18
blue [77] - 66:8, 66:15,
68:3, 84:3, 84:8,
165:18, 166:13
Board [28] - 2:17, 3:3,
8:7, 8:25, 9:2, 9:24,
17:12, 28:24, 32:24,
33:10, 51:6, 51:19,
93:2, 93:8, 93:15,
93:18, 93:20, 94:12,
94:15, 123:11,
132:21, 137:15,
144:15, 202:5,
290:17, 303:25,
307:14, 322:24
board [45] - 4:3, 8:23,
44:12, 46:18, 47:20,
49:8, 49:13, 50:14,
51:23, 53:3, 53:5,
53:7, 53:9, 53:13,
53:16, 53:22, 58:2,
68:24, 120:10,
122:24, 124:14,
125:9, 125:12,
125:17, 126:10,
126:15, 127:1,
129:20, 129:22,
130:5, 132:7,
133:20, 134:10,
135:22, 139:3,
139:19, 141:20,
206:10, 216:7,
244:8, 245:7,
258:12, 272:13,
322:3, 324:9
BOARD [i] - 1:4
board's [3] - 44:15,
125:8, 130:3
Board's [2] - 17:14,
94:24
boards [3] - 244:9,
278:15, 290:19
Bob [2] - 2:18, 187:2
BOCC [i] - 12:4
BOCCELLA [4] -
119:18, 119:24,
120:4, 121:17
Boccella [2] - 119:25,
121:14
body [3] - 93:5,
219:19, 290:2
BOGART[s] - 162:22,
163:2, 163:4,
168:23, 173:10,
173:13, 173:16,
195:5
bogart [i] - 295:9
Bogart [5] - 141:14,
162:23, 168:24,
173:9, 195:5
bogus (i] - 149:10
boils [2] - 105:20,
310:17
bold [1] - 200:6
book [0] - 157:4
booked [q - 122:9
border [2] - 154:6,
168:3
bore [1] - 194:12
born [2] - 222:19,
233:23
bother [3] - 190:1,
190:5, 190:12
bothered [I] - 194:19
bottom [5] - 81:11,
148:25, 259:19,
307:24, 311:19
bought [9] - 72:3,
98:3, 98:9, 103:6,
103:10, 122:18,
154:20, 155:11,
234:15
Boulder [3] - 145:6,
197:13, 242:9
Boulevard [2] - 14:13,
39:13
bounces [1] - 258:19
bound [4] - 134:11,
136:15, 290:25,
299:22
boundaries [7] - 63:7,
112:7, 116:12,
117:12, 165:17,
165:19, 212:12
boundary [8] - 77:17,
91:20, 118:23,
120:19, 164:19,
164:25, 168:3,
256:24
boxes [1] - 106:11
boy [2] - 35:10, 275:23
brake [3] - 90:4, 90:5,
262:2
brakes [2] - 262:8,
262:23
branch [1] - 162:9
brass [1] - 286:6
brazen [1] - 130:2
break [3] - 6:1, 6:2,
6:9
breathe 01- 119:18
breathing [4] - 171:22,
196:18, 227:13,
263:6
breezeway [1] -
189:21
Brian [1] - 43:13
bride [1] - 122:8
brides [1] - 157:3
bridges [1] - 55:7
brief [4] - 54:8, 148:7,
200:20, 206:20
briefly [6] - 56:20,
70:5, 73:21, 81:18,
95:21, 136:25
bring [10] - 55:1, 59:6,
97:23, 123:25,
235:14, 238:9,
auster I Murphy
303.522.1604
284:13, 289:20,
315:2, 315:3
bringing [5] - 74:11,
108:7, 158:8,
221:16, 314:22
brings [1] - 47:10
broad [1] - 309:11
broadcast [1] - 259:20
brokerage [1] - 104:19
brokered [1] - 104:20
brought [3] - 16:24,
292:14, 318:13
brown [1] - 166:15
Bruce [0] - 142:10
Brush [i] - 11:17
bubble [3] - 113:14,
311:21, 311:22
buffer [3] - 77:6,
93:11, 248:17
buffering [14] - 33:17,
51:16, 72:16, 73:4,
76:5, 77:4, 77:8,
87:1, 87:19, 248:15,
248:19, 251:17,
256:18, 273:25
buffers [2] - 24:22,
106:1
build (28] - 48:4,
50:13, 50:23, 52:6,
58:4, 72:19, 85:1,
89:20, 92:11,
131:11, 187:14,
188:19, 188:22,
198:18, 198:20,
199:4, 199:15,
205:2, 211:20,
234:8, 235:3,
235:11, 235:15,
241:10, 258:13,
278:7, 320:16
build -out [7] - 48:4,
50:13, 50:23, 58:4,
89:20, 92:11, 198:20
builder [2] - 188:19,
234:9
builders [1] - 235:10
Builders [2] - 189:1,
234:5
building [14] - 17:25,
19:3, 24:17, 61:10,
98:18, 108:14,
185:21, 187:4,
201:23, 224:2,
224:4, 234:6,
273:18, 284:17
building -mounted [1]
- 284:17
buildings [1] - 55:8
built [20] - 52:3, 52:10,
Page 338,
56:24, 72:5, 83:22,
88:11, 92:11,
127:16, 137:4,
160:15, 161:5,
162:10, 189:3,
203:12, 227:2,
250:1, 290:9,
312:14, 319:21,
320:14
bulk [i] - 219:14
bunch [2] - 177:25,
178:10
burden [1] - 206:12
buried [0] - 304:5
Burlington [1] - 54:16
business [45] - 43:15,
46:25, 54:25, 55:11,
96:24, 97:7, 98:5,
98:8, 98:23, 100:16,
105:1, 105:6, 120:6,
125:8, 141:12,
153:2, 153:11,
154:17, 154:25,
156:25, 157:1,
157:9, 157:20,
157:22, 157:23,
158:20, 191:9,
191:10, 191:17,
192:22, 201:3,
213:21, 224:6,
224:18, 224:21,
224:22, 225:5,
225:22, 233:25,
259:24, 287:18
Business [1] - 155:1
businesses on -
19:1, 19:5, 19:10,
61:18, 75:16, 122:4,
124:11, 124:22,
157:16, 158:19,
201:6, 207:4, 226:1,
231:17, 243:24,
244:21, 248:7
buy [3] - 234:11,
234:13, 318:18
buyer[i] - 97:7
buyers [1]- 84:23
BY[l] - 1:8
C
C/O [1]-2:6
calculate [1] - 162:1
calculations [1] -
137:23
calibrate [1] - 252:14
calibration [1] - 287:6
California [1] - 104:24
camera [1] - 267:23
Weld County Board of Commissioners
7/22/2020
Page 339,
cameras [1] - 267:19
Camwood [1] - 273:8
Canada [1] - 287:22
cancer [3] - 170:6,
171:10, 196:20
cannot [13] - 80:21,
81:15, 134:9,
134:14, 173:5,
197:2, 197:4,
199:18, 200:11,
211:2, 272:16,
279:17
Canon [1] - 54:7
Canyon [1] - 202:18
canyon [1] - 248:1
capabilities [2] -
166:4, 166:5
capability [2] - 166:8,
167:14
capable [1] - 16:19
capacity [2] - 125:10,
245:17
capricious [2] -
299:16, 321:10
capture [1] - 262:21
car [4] - 172:10, 245:5,
254:9, 325:1
car -racing [1] - 245:5
cardboard [1] - 106:11
cardiovascular[1] -
170:5
care [8] - 3:9, 101:6,
187:15, 236:6,
236:14, 237:13,
237:15
career [2] - 219:14,
219:16
careful [1] - 120:19
carefully [1] - 24:24
cares [1] - 221:22
CARMEN [1] - 331:18
Carmen [2] - 1:9,
331:2
Carolina [1] - 197:21
carried [1] - 196:6
carrier [1] - 54:15
carries [1] - 330:3
cant' [1] - 60:18
cars [3] - 29:11,
172:12, 262:8
carts [2] - 231:3, 231:7
case [54] - 3:6, 5:6,
6:17,6:18,6:21,8:1,
8:16, 11:3, 11:15,
12:17, 12:21, 28:23,
43:24, 52:15, 53:2,
53:13, 85:13, 86:1,
107:2, 127:5, 129:3,
129:6, 129:24,
134:6, 138:6,
142:22, 144:13,
145:6, 150:22,
151:6, 151:8, 152:5,
152:6, 169:22,
170:10, 171:2,
172:2, 186:11,
194:18, 201:11,
218:13, 220:19,
240:23, 242:2,
281:6, 285:19,
290:2, 290:9,
290:10, 290:23,
302:1, 302:4,
314:23, 322:20
Case [1] - 3:8
cases [a] - 4:14, 95:4,
95:7, 230:10,
236:16, 290:7,
290:11, 320:12
Casey [1] - 203:8
catch [1] - 180:22
categorize [1] -
121:25
caterers [1] - 157:17
cause -and -effect [1] -
270:9
caused [5] - 64:21,
133:14, 136:19,
191:18
causes [1] - 237:5
causing [1] - 97:16
caution [1] - 135:4
cautious [1] - 212:21
CDPHE [13] - 76:2,
80:13, 82:19,
151:22, 264:6,
268:13, 293:4,
294:20, 296:4,
296:5, 301:15,
302:25
CDPHE's [2] - 272:2,
295:3
cease [1] - 262:9
ceases [1] - 262:10
cede [1] - 93:16
ceded [1] - 36:10
cement [2] - 54:20,
229:24
center [12] - 23:2,
26:16, 29:19, 29:22,
36:1, 91:19, 99:9,
122:6, 153:18,
154:1, 154:4, 154:15
Center [3] - 153:8,
153:15, 155:1
Centerra[1] - 62:24
centers [3] - 99:12,
152:8, 152:10
Centers [1] - 152:7
Central [1] - 56:7
centralized [1] - 99:21
centrally [2] - 108:15,
235:13
CEO [4] - 104:18,
200:22, 213:5,
213:10
ceremonies [1] -
156:20
ceremony [1] - 156:1
certain [10] - 9:16,
49:21, 49:22, 51:22,
106:1, 274:13,
294:17, 295:16,
295:17, 298:24
certainly [20] - 41:10,
43:23, 60:24, 73:22,
74:8, 110:10,
117:15, 143:17,
178:3, 184:1,
201:18, 245:13,
290:10, 297:4,
297:9, 300:20,
301:4, 304:20,
305:24, 309:11
certainty [1] - 107:20
certificate [1] - 203:20
CERTIFICATE [1] -
331:1
certified [1] - 40:14
certify [3] - 331:4,
331:7, 331:10
Cervi [1] - 219:17
cetera [2] - 285:21
chain [2] - 8:24,
201:23
CHAIR [135] - 3:2,
3:23, 4:17, 30:19,
34:21, 35:22, 36:5,
38:18, 39:6, 39:21,
40:24, 41:19, 42:10,
42:15, 43:1, 43:8,
56:19, 69:6, 102:20,
103:17, 103:22,
103:25, 107:8,
107:11, 108:23,
110:18, 111:25,
113:24, 114:2,
115:14, 116:23,
116:25, 119:14,
119:16, 119:22,
120:3, 121:11,
122:25, 123:5,
123:10, 144:4,
144:17, 144:23,
147:2, 147:24,
158:22, 162:21,
168:20, 168:22,
Dauster I Murphy
303.522.1604
173:15, 173:19,
173:23, 174:3,
174:6, 183:5, 183:8,
183:13, 186:20,
186:22, 189:5,
189:7, 191:19,
191:22, 192:8,
194:15, 194:25,
197:7, 199:23,
200:15, 203:4,
204:3, 206:17,
209:4, 209:12,
209:14, 212:2,
212:23, 213:1,
216:23, 219:6,
220:23, 222:13,
223:13, 224:25,
225:14, 225:16,
226:6, 228:6,
229:15, 231:22,
233:19, 236:1,
238:5, 238:13,
238:16, 238:18,
238:24, 239:1,
239:6, 239:19,
239:25, 240:2,
275:17, 275:20,
275:23, 288:20,
288:23, 291:7,
304:13, 313:7,
314:24, 315:2,
315:15, 317:4,
318:11, 319:3,
319:8, 320:19,
321:18, 322:3,
322:7, 322:10,
322:13, 324:12,
324:21, 324:24,
325:13, 326:3,
328:20, 328:24,
329:6, 329:10,
329:13, 329:18,
330:2
Chair [8] - 2:11, 2:12,
3:24, 41:21, 112:2,
116:22, 121:13,
141:22
chair [la] - 4:16,
34:23, 35:25, 41:1,
42:12, 110:16,
114:5, 119:4,
144:18, 144:25,
183:11, 199:22,
215:22, 291:9,
304:15, 322:9,
324:23, 329:7
chairman [3] - 104:14,
206:22, 234:4
challenged [3] -
131:12, 220:10,
274:18
challenges [1] - 47:3
challenging [2] -
312:9, 312:17
chambers [1] - 139:16
chance [9] - 20:10,
44:5, 118:18,
118:19, 174:2,
184:18, 291:5,
292:23, 321:23
change [74] - 3:7,
3:10, 6:18, 6:22, 7:3,
7:13, 8:18, 9:8,
11:11, 12:5, 13:3,
13:15, 14:8, 15:21,
17:7, 19:23, 28:6,
28:12, 28:22, 31:2,
31:15, 36:8, 40:18,
45:6, 45:17, 48:5,
48:8, 48:11, 48:15,
58:6, 68:10, 68:13,
68:24, 69:1, 69:3,
102:16, 120:15,
120:20, 130:1,
130:7, 130:14,
130:25, 131:1,
131:3, 131:5, 132:9,
142:17, 142:22,
144:2, 144:9,
144:21, 147:6,
160:1, 164:8, 164:9,
180:15, 187:5,
187:6, 195:17,
198:8, 239:14,
242:11, 255:16,
255:18, 298:20,
298:23, 318:1,
318:6, 323:17,
324:11, 324:17,
327:12, 328:17,
329:20
CHANGE [1] - 2:3
changed [13] - 11:8,
32:19, 34:14, 90:3,
131:7, 131:9,
174:25, 181:1,
186:9, 187:25,
203:15, 211:25,
234:20
changes [17] - 12:12,
12:17, 13:6, 13:7,
50:7, 50:8, 70:10,
118:25, 119:1,
132:22, 146:8,
255:23, 261:20,
301:22, 315:19,
315:21, 316:14
changing [11] - 8:14,
62:15, 68:6, 68:10,
Weld County Board of Commissioners
7/22/2020
76:11, 133:1,
180:13, 301:1,
301:12, 312:8
Chapter [5] - 9:6,
9:22, 15:6, 18:7,
327:3
character [2] - 130:25,
150:4
characteristic [4] -
64:22, 74:22,
185:12, 185:23
characteristics [7] -
9:17, 27:23, 73:1,
74:14, 74:20, 92:10,
184:22
characterized [2] -
96:5, 102:13
charged [1] - 221:25
charm [1] - 249:21
chart [4] - 84:2, 253:1,
253:25, 272:24
charts [4] - 78:7, 78:9,
253:23, 262:24
chatted [1] - 117:16
cheap [1] - 235:16
cheapest [2] - 188:22,
235:11
check [1] - 123:17
check -in [1] - 123:17
checked [2] - 149:4,
249:16
checks [1] - 182:15
chew [1] - 161:11
child [3] - 171:4,
171:14, 171:20
children [1] - 97:6
chiming [1] - 321:16
chloride [1] - 302:18
CHOATE [8] - 32:2,
34:4, 34:7, 34:18,
142:9, 144:18,
290:14, 291:3
Choate [1] - 2:18
choice [2] - 181:22,
181:23
choose [5] - 37:5,
46:16, 95:17, 185:5,
214:6
chose [3] - 29:4,
53:23, 111:16
Chris [5] - 124:13,
141:10, 153:1,
153:6, 250:8
Chris's [1] - 176:13
chromium [1] - 82:13
chronic [2] - 172:21,
218:7
church [1] - 189:13
circumstances [6] -
13:2, 186:9, 193:4,
269:6, 290:15,
312:10
cite [3] - 264:7,
264:13, 294:18
cited [1] - 310:3
cites [1] - 265:19
citing [1] - 23:10
citizens [7] - 10:21,
11:1, 148:12, 182:5,
279:7, 323:6, 323:7
citizens' [1] - 211:23
City [7] - 14:8, 16:3,
20:24, 26:2, 54:7,
104:23, 242:9
city [1]-21:4
civil [2] - 220:19,
271:23
Civil [1] - 7:21
claim [14] - 36:10,
130:13, 149:9,
176:13, 177:25,
178:6, 179:13,
181:4, 182:24,
196:22, 198:22,
199:8, 211:17,
287:14
claimed [5] - 151:21,
174:13, 175:3,
179:2, 179:8
claiming [1] - 186:17
claims [5] - 148:6,
169:12, 179:11,
180:23, 200:11
clarification [6] -
38:21, 260:5,
291:13, 310:3,
310:10, 318:20
clarified [1] - 12:2
clarify [4] - 21:1,
34:25, 77:12, 289:9
clarifying [9] - 35:22,
39:21, 41:19, 42:11,
103:16, 103:18,
103:19, 289:3
Clark [2] - 145:6,
242:9
Class [2] - 54:14,
106:19
classic [1] - 25:5
classification [3] -
14:15, 39:14, 120:15
clean [1] - 82:22
Clean [3] - 80:13,
270:18, 271:3
cleaning [1] - 218:20
clear[22] - 5:24, 46:1,
50:4, 74:9, 82:17,
87:11, 130:10,
134:23, 139:5,
212:7, 240:17,
244:12, 251:18,
254:8, 263:4,
269:24, 290:18,
296:11, 312:22,
312:24, 320:17,
325:23
clearly [4] - 29:21,
69:25, 180:12, 323:5
clears [2] - 91:25,
171:16
Clerk[1] - 2:17
CLERK [4] - 3:8,
191:14, 199:22,
215:22
client [1] - 221:22
clients [3] - 127:2,
128:19, 138:3
close [r7] - 5:3, 6:3,
19:15, 27:16, 28:8,
48:18, 67:20, 78:24,
79:11, 104:7,
197:15, 201:10,
228:21, 238:8,
251:7, 259:5, 316:11
close-up [1] - 251:7
closed [1] - 192:23
closely [3] - 71:16,
154:23, 230:21
closer [2] - 76:25,
256:24
closest [5] - 26:17,
189:10, 189:19,
190:11
cloud [5] - 266:22,
267:24, 268:1,
268:2, 269:17
clouds [2] - 172:19,
294:3
CLR-34 [12] - 51:21,
57:23, 70:3, 71:18,
78:8, 148:9, 148:11,
243:18, 252:8,
256:5, 269:22,
274:21
CLUA[1] - 38:21
co [1] - 60:11
co -locating [1] - 60:11
coating [1] - 210:14
Coca [3] - 106:22,
248:3, 248:4
Coca-Cola [3] -
106:22, 248:3, 248:4
code [80] - 30:25,
31:6, 34:12, 34:14,
49:9, 50:22, 56:23,
64:5, 64:14, 65:5,
65:8, 65:14, 72:9,
Dauster I Murphy
303.522.1604
72:22, 75:10, 75:13,
75:14, 89:12,
102:17, 121:15,
129:24, 132:14,
134:2, 134:5,
134:11, 134:13,
134:14, 136:16,
136:18, 141:5,
144:19, 144:20,
163:24, 164:4,
167:7, 178:12,
198:19, 206:9,
206:13, 214:5,
214:8, 240:20,
240:24, 241:12,
243:23, 254:16,
254:19, 262:18,
275:6, 276:12,
277:13, 277:14,
278:1, 278:2, 278:7,
278:12, 283:6,
299:15, 299:22,
301:1, 305:16,
305:18, 305:20,
306:1, 306:7, 307:9,
309:3, 309:9,
316:14, 321:8,
321:11, 323:15,
325:22, 325:23,
327:3, 328:22
Code [8] - 9:3, 9:6,
9:22, 15:6, 15:14,
18:8, 27:9, 64:12
coded [1] - 246:2
codes [3] - 120:5,
214:9, 323:16
coexist [3] - 67:4,
105:25, 247:8
coexistence [1] -
67:25
cohabitation [1] -
107:1
cohesive [1] - 226:23
cohesively [1] -
116:13
coincidentally [1] -
96:20
coins [1] - 101:13
Cola [3] - 106:22,
248:3, 248:4
collect [1] - 184:19
collected [1] - 148:23
collection [4] -
213:24, 256:16,
257:19, 269:23
collectively [2] -
124:16, 182:18
College [1] - 175:17
Collins [7] - 22:7,
Page 340
26:5, 26:8, 35:13,
98:14, 225:4, 225:10
colocation [1] - 207:8
color [1] - 246:2
color -coded [1] -
246:2
Colorado [64] - 7:18,
14:13, 18:12, 18:21,
19:2, 25:15, 39:13,
54:7, 54:21, 55:5,
55:9, 55:13, 57:15,
58:22, 96:14, 99:3,
99:15, 104:17,
104:21, 119:25,
121:5, 126:4,
127:13, 128:12,
130:18, 131:10,
145:6, 152:18,
153:7, 157:11,
158:7, 163:15,
163:16, 163:22,
164:3, 164:12,
165:12, 168:12,
187:3, 187:4,
187:12, 200:18,
200:22, 200:25,
201:22, 205:6,
206:8, 206:23,
207:1, 207:10,
207:23, 212:7,
221:3, 222:6,
222:17, 223:17,
223:21, 225:4,
225:8, 228:11,
242:1, 242:3, 282:8,
331:4
Colorado's [1] - 54:19
colors [2] - 68:1,
166:12
Comanche [1] - 219:8
combined [1] - 124:16
coming [34] - 23:12,
101:20, 115:1,
115:16, 122:2,
137:3, 137:5,
138:14, 144:1,
157:14, 158:5,
167:21, 185:9,
185:25, 188:4,
196:16, 215:7,
222:9, 241:14,
255:12, 257:13,
258:6, 262:22,
267:17, 268:1,
271:10, 277:1,
277:2, 280:22,
317:22, 319:9,
320:1, 320:8, 330:6
commence [2] - 57:5,
Weld County Board of Commissioners
7/22/2020
Page 341.
127:5
commenced [7] -
65:24, 139:24,
201:16, 202:6,
260:15, 260:18,
264:19
commencement [1] -
264:4
commend [3] - 62:2,
249:12, 250:10
comment [33] - 3:25,
4:1, 5:3, 5:4, 5:5,
5:15, 5:22, 6:10,
6:12, 6:14, 94:21,
103:22, 103:24,
124:20, 148:7,
148:19, 157:25,
186:24, 192:9,
200:21, 203:5,
204:4, 206:18,
208:16, 228:7,
236:3, 238:11,
239:18, 258:3,
262:4, 262:11,
262:13, 289:3
comments [27] - 21:5,
23:18, 23:21, 38:19,
46:4, 46:9, 62:4,
69:11, 95:22,
102:24, 104:12,
133:25, 142:1,
142:6, 192:14,
219:10, 239:11,
239:12, 240:10,
240:13, 282:13,
287:3, 301:7, 319:4,
323:18, 325:19,
326:20
Commerce [2] - 8:8,
26:2
commercial [45] -
11:9, 21:22, 24:3,
24:12, 62:12, 62:18,
62:21, 66:8, 66:9,
66:11, 66:17, 66:24,
66:25, 67:10, 72:7,
87:19, 104:21,
145:8, 145:24,
147:8, 152:21,
154:9, 154:10,
163:25, 175:17,
175:19, 175:21,
175:23, 176:4,
176:6, 176:8, 176:9,
176:13, 177:14,
178:16, 179:3,
204:16, 221:10,
246:22, 247:9,
278:17, 281:16,
316:6, 328:11,
328:13
commercially [1] -
40:1
commission [34] - 7:8,
21:13, 23:19, 28:22,
70:4, 70:22, 71:1,
73:15, 73:19, 73:21,
78:19, 81:18, 82:5,
82:25, 85:9, 89:21,
109:20, 149:24,
175:1, 184:14,
184:15, 199:11,
206:22, 225:21,
243:18, 250:24,
256:6, 261:16,
271:18, 272:1,
272:5, 301:18,
326:9, 331:16
Commission [4] - 8:8,
12:1, 265:18, 318:12
commissioned [1] -
256:7
Commissioner [34] -
2:11, 2:12, 2:13,
2:14, 2:15, 3:5, 4:17,
4:19, 45:2, 92:25,
109:2, 113:25,
123:13, 153:16,
183:20, 186:1,
186:14, 247:12,
275:16, 291:8,
291:10, 304:3,
314:10, 317:10,
317:23, 317:25,
319:10, 325:8,
328:22, 329:14,
329:19, 329:23
COMMISSIONER [235]
- 3:24, 30:21, 31:14,
32:9, 32:14, 32:18,
33:1, 33:20, 33:23,
34:2, 34:6, 34:16,
34:20, 34:22, 35:5,
35:19, 35:24, 36:6,
36:12, 36:14, 36:22,
37:1, 37:12, 38:1,
38:4, 38:9, 38:17,
38:20, 38:25, 39:5,
40:25, 41:7, 41:15,
41:18, 41:21, 42:2,
42:5, 42:9, 42:12,
42:16, 42:22, 42:24,
77:9, 77:12, 77:19,
91:5, 91:7, 91:15,
91:25, 94:3, 95:9,
95:12, 102:21,
103:7, 103:15,
103:21, 103:23,
110:16, 110:19,
110:24, 111:2,
111:12, 111:16,
111:21, 111:24,
112:1, 112:18,
112:23, 113:2,
113:9, 113:13,
113:21, 114:1,
114:4, 114:8,
114:14, 114:21,
115:6, 115:9,
115:13, 115:15,
115:22, 116:8,
116:21, 117:22,
118:1, 118:10,
118:17, 119:2,
119:3, 119:11,
121:12, 123:2,
141:22, 141:25,
142:14, 142:16,
144:24, 145:17,
146:1, 146:17,
146:23, 147:1,
173:9, 173:11,
173:14, 183:11,
183:14, 186:21,
191:20, 19123,
192:7, 258:24,
275:24, 276:6,
276:8, 276:15,
276:22, 277:6,
277:19, 27722,
278:19, 279:3,
279:10, 279:12,
279:15, 279:19,
280:3, 280:10,
280:18, 280:25,
281:12, 281:17,
281:24, 282:5,
283:17, 283:23,
284:4, 286:13,
286:14, 286:17,
286:19, 286:21,
287:2, 288:17,
288:24, 289:4,
289:22, 289:25,
291:1, 291:4, 291:9,
292:8, 292:11,
293:8, 293:12,
293:25, 294:8,
294:11, 294:23,
295:20, 295:23,
296:2, 296:9,
296:15, 297:22,
297:25, 298:6,
298:12, 298:16,
298:21, 299:2,
299:5, 299:6, 299:9,
299:11, 299:23,
300:6, 301:6,
Dauster I Murphy
303.522.1604
302:15, 302:20,
302:24, 303:21,
304:2, 304:7,
304:10, 304:12,
304:14, 307:19,
307:23, 309:24,
310:2, 310:4, 310:5,
310:7, 310:9,
310:12, 310:14,
310:16, 312:1,
312:4, 313:8,
313:10, 313:15,
313:18, 314:1,
314:5, 314:19,
317:3, 317:6,
317:13, 317:14,
317:16, 317:17,
317:19, 318:9,
318:18, 318:19,
318:24, 319:2,
319:5, 319:9,
320:20, 322:11,
322:14, 324:22,
324:25, 325:15,
326:4, 328:21,
329:4, 329:7,
329:12, 329:15,
329:17
commissioner [12] -
40:24, 111:25,
115:14, 138:21,
173:17, 236:9,
238:10, 276:7,
303:14, 315:4,
325:4, 325:10
COMMISSIONERS [1]
- 1:4
Commissioners [33] -
3:3, 6:25, 8:25, 9:3,
9:24, 28:24, 43:13,
51:7, 51:20, 54:5,
61:25, 95:25,
104:15, 107:13,
109:3, 119:20,
123:11, 124:3,
132:21, 137:16,
144:15, 153:5,
163:6, 192:11,
202:5, 204:6, 210:3,
229:19, 233:21,
244:25, 290:18,
300:2, 322:25
commissioners [15] -
3:5, 123:13, 129:1,
133:9, 146:6, 198:1,
200:17, 204:8,
205:4, 205:7,
206:10, 230:18,
230:20, 299:25,
300:12
commit [2] - 155:7,
275:1
committed [5] - 82:20,
87:12, 102:5,
258:22, 259:11
common [5] - 18:8,
25:1, 108:18, 117:7,
259:16
commonly [1] - 8:9
communication [2] -
12:14, 200:8
communities [5] -
12:16, 56:13, 201:4,
319:21, 319:23
Community [1] -
175:17
community[37] -
10:24, 50:5, 52:13,
55:23, 60:13, 61:10,
63:25, 68:10, 86:14,
88:2, 88:12, 88:15,
88:22, 90:24, 92:5,
101:11, 102:10,
105:2, 106:2, 106:7,
106:18, 116:20,
119:20, 132:4,
136:19, 169:8,
172:24, 181:13,
182:22, 196:13,
199:25, 206:1,
206:4, 216:20,
223:24, 292:4,
319:14
comp [s] - 63:11,
105:14, 117:17,
309:25, 311:8,
315:19
companies [2] -
11:15, 105:8
company [19] - 54:12,
68:21, 102:9,
104:19, 107:24,
202:7, 202:10,
211:20, 212:8,
212:9, 212:20,
212:21, 214:3,
223:16, 224:11,
237:11, 273:14,
287:12
Company [2] - 11:17
comparable [2] -
149:10, 160:24
compare [4] - 167:5,
167:8, 253:13,
253:24
comparing [1] - 160:8
comparison [3] -
161:14, 166:18,
200:8
Weld County Board of Commissioners
7/22/2020
Page 342
compass [1] - 185:7
compatibilities [1] -
159:3
compatibility [79] -
20:1, 47:19, 52:19,
67:14, 67:17, 67:25,
69:14, 70:16, 70:17,
70:22, 72:10, 72:19,
72:21, 72:23, 72:25,
73:13, 74:8, 83:6,
83:7, 83:8, 83:10,
84:17, 86:16, 87:13,
92:19, 105:16,
122:1, 122:2,
124:21, 127:23,
133:24, 137:11,
141:10, 146:19,
146:24, 149:19,
149:25, 165:25,
173:4, 174:8,
174:19, 178:25,
179:13, 197:1,
205:11, 208:18,
244:6, 247:13,
247:16, 247:18,
248:12, 277:10,
278:8, 278:13,
278:15, 278:20,
278:22, 279:13,
283:25, 308:5,
308:6, 308:7, 308:9,
308:11, 308:17,
309:8, 309:17,
309:21, 310:19,
312:16, 313:4,
313:6, 317:12,
317:18, 317:21
compatible [46] - 9:9,
19:23, 31:2, 67:2,
67:10, 67:22, 72:24,
83:11, 86:5, 122:3,
128:3, 131:23,
133:16, 135:14,
137:17, 142:23,
149:20, 164:14,
164:15, 165:10,
174:10, 174:15,
174:21, 178:8,
179:12, 179:19,
197:2, 244:10,
246:10, 246:13,
247:2, 275:13,
277:16, 278:11,
278:18, 278:23,
279:4, 279:5,
279:17, 279:18,
308:14, 312:12,
316:13, 318:10,
327:12, 327:16
compelling [2] -
324:2, 325:19
competitive [1] -
100:13
competitors [2] -
234:13, 288:1
complain [1] - 191:7
complained [3] -
251:22, 270:3,
270:10
complaint [5] -
220:20, 250:23,
264:18, 264:20,
264:21
complaints [20] -
78:20, 89:23,
213:14, 252:3,
256:5, 260:14,
261:15, 264:6,
264:7, 271:17,
301:15, 301:16,
303:1, 303:3, 303:5,
303:9, 303:12,
303:19, 304:6
complement [1 ] -
178:16
complements [1] -
12:21
complete [7] - 12:8,
30:22, 50:12, 50:23,
101:16, 218:3,
323:21
completed [3] - 78:16,
82:1, 142:13
completely [8] - 4:8,
6:19, 83:15, 149:10,
181:7, 211:18,
253:20, 315:6
completing [1] - 41:3
completion [1] - 51:1
complex [2] - 289:7,
305:13
complexities [1] -
43:23
compliance [17] - 9:1,
9:18, 17:10, 27:25,
34:11, 70:13, 78:23,
92:19, 139:21,
144:20, 207:25,
208:4, 208:13,
215:17, 265:16,
268:16, 328:8
complicate [1] -
289:15
complicated [1] -
164:7
comply [5] - 80:15,
80:20, 134:8,
276:20, 297:14
complying [1] - 82:18
component [2] - 33:6,
55:3
composite [3] - 90:4,
253:2, 253:25
compound [1] - 162:7
comprehensive [58] -
9:23, 10:6, 10:9,
10:14, 10:25, 13:16,
13:24, 21:21, 47:5,
47:6, 48:23, 69:13,
69:20, 70:14, 70:15,
70:19, 92:13, 92:18,
113:3, 116:11,
116:19, 117:10,
126:9, 130:15,
134:16, 134:17,
134:18, 135:3,
136:3, 136:5, 136:8,
136:13, 136:17,
142:23, 145:4,
145:13, 145:18,
146:2, 146:3, 146:6,
147:20, 242:7,
242:13, 242:20,
242:22, 242:23,
243:5, 275:12,
315:16, 316:9,
316:15, 321:1,
321:3, 321:13,
327:4, 327:8
comprehensively [1] -
146:15
compressor 0] -
150:18
compromise [7] -
101:15, 184:5,
186:3, 186:4, 232:4,
233:18, 274:7
compromising [1] -
188:22
concentrated [2] -
64:15, 65:6
concentrating [1] -
59:14
concentrations [1] -
64:20
concern [7] - 20:6,
220:16, 263:3,
268:12, 272:7,
292:13, 307:15
concerned [4] - 40:8,
85:19, 85:22, 142:25
concerns [40] - 11:18,
11:20, 17:12, 20:8,
20:11, 22:12, 22:17,
22:21, 23:5, 27:2,
28:2, 71:3, 76:14,
78:5, 80:9, 82:4,
Dauster'IMurphy
303.522.1604
82:24, 86:8, 89:16,
89:20, 89:25, 91:2,
121:3, 122:7,
234:23, 236:11,
261:18, 263:5,
263:6, 263:12,
268:9, 271:9, 272:2,
272:5, 273:21,
296:16, 301:18,
302:13, 303:10,
327:20
concessions [1] -
182:1
conclude [2] - 5:13,
141:7
concluded [3] - 52:22,
137:16, 159:16
concludes [1] -
168:19
conclusion [4] -
30:17, 52:23,
172:18, 179:21
conclusions [3] -
159:12, 160:19,
168:10
conclusory [1] -
200:11
concrete [78] - 7:14,
48:22, 50:1, 51:11,
57:17, 58:7, 58:17,
60:9, 74:13, 76:19,
78:2, 79:9, 79:24,
86:25, 90:15, 91:22,
93:22, 94:19, 94:22,
98:23, 98:25, 99:7,
99:21, 108:12,
126:23, 127:11,
127:15, 127:18,
128:16, 128:22,
132:7, 137:4, 137:9,
137:10, 137:24,
139:8, 140:5, 143:4,
143:11, 143:12,
143:16, 143:20,
156:17, 187:19,
224:1, 224:2, 225:7,
225:20, 228:16,
228:25, 232:20,
233:25, 236:21,
245:20, 250:20,
251:3, 251:15,
259:4, 259:5, 259:8,
260:11, 263:19,
263:22, 271:1,
276:13, 284:1,
284:3, 284:5,
284:11, 284:15,
284:22, 302:2,
306:12, 306:20,
306:25
concur [2] - 310:14,
328:21
concurrent [1] -
303:13
concurring [1] - 69:2
condition [2] - 135:24,
217:4
conditioned [1] -
274:12
conditions [21] - 10:3,
13:12, 61:12, 65:15,
65:16, 160:24,
220:8, 220:9,
239:13, 239:22,
270:10, 272:13,
299:10, 299:12,
321:24, 322:4,
324:18, 328:14,
328:16, 329:9,
329:21
conduct [3] - 252:13,
282:11, 302:3
conducted [11] - 2:9,
7:23, 8:12, 47:21,
47:24, 160:16,
242:7, 265:1, 285:9,
285:25, 301:3
conference [1] -
259:23
confident [1] - 125:11
confirm [3] - 57:15,
76:5, 270:24
confirmed [3] -
137:14, 257:23,
298:2
confirming [1] - 21:14
confirms [2] - 82:15,
137:13
conflict [6] - 4:3, 4:7,
4:13, 29:2, 173:3,
179:16
conflicting [13] -
150:6, 150:9,
150:11, 150:12,
150:13, 150:14,
150:16, 159:5,
162:19, 174:10,
179:22, 320:3
conflicts [1] - 180:19
conformance [3] -
242:7, 242:22, 243:4
conformity [1] - 293:4
confused [3] - 111:13,
185:24, 192:21
confusing [2] - 23:19,
318:2
confusion [2] - 260:9,
263:13
Weld County Board of Commissioners
7/22/2020
congestion [2] -
99:23, 172:4
connected [1] -
331:11
CONNOLLY poi -
43:6, 43:9, 43:12,
56:20, 69:7, 77:11,
77:15, 77:20, 91:6,
91:11, 91:16, 92:2,
94:6, 95:10, 95:14,
238:10, 238:14,
238:22, 238:25,
239:5, 239:16,
239:20, 240:1,
240:7, 259:2,
262:13, 275:18,
276:7, 276:11,
276:16, 276:24,
277:12, 277:21,
277:24, 281:23,
282:2, 292:1, 292:9,
293:6, 293:9,
293:13, 294:2,
294:10, 294:12,
295:7, 295:22,
295:25, 296:3,
296:10, 296:24,
297:24, 298:1,
300:12, 301:12,
302:19, 302:23,
303:14, 304:3,
304:8, 304:11,
305:10, 307:21,
308:19, 311:23,
312:3, 312:5,
313:14, 313:17,
322:1, 324:20
Connolly [12] - 43:13,
136:25, 138:13,
148:17, 149:24,
150:5, 159:2, 159:7,
179:4, 183:25,
277:7, 287:3
conscientious [1] -
222:2
consecutively [1] -
169:11
consent [1] - 112:20
consequences[3]-
120:23, 125:14,
211:12
conservation [1] -
21:10
conservation -
oriented [1] - 21:10
consider [24] - 8:10,
8:25, 15:2, 16:15,
31:12, 33:17, 72:9,
109:15, 111:5,
113:22, 124:18,
130:4, 133:20,
135:1, 147:13,
245:21, 245:22,
271:20, 290:24,
309:6, 309:10,
321:4, 326:8, 326:12
consideration [12] -
28:12, 120:20,
125:10, 142:13,
145:12, 202:9,
234:23, 298:10,
309:8, 309:19,
309:20, 327:15
considered [4] -
163:18, 245:23,
248:11, 283:24
considering [3] -
138:24, 146:8,
309:16
consistency [2] -
69:13, 252:15
consistent (19] - 9:6,
9:22, 48:17, 50:4,
69:20, 77:24, 92:5,
97:7, 105:13,
105:14, 134:17,
249:13, 254:2,
254:6, 275:5, 283:5,
312:22, 312:25,
327:3
consistently [1] -
302:9
consolidate [3] -
54:24, 59:11, 99:19
consolidation [1] -
60:7
constantly [3] -
184:17, 187:13
constitute [2] -
143:14, 240:22
constitutes [5] - 42:6,
94:9, 95:7, 306:8,
306:10
constitution [1] -
125:18
Constitution [2] -
242:1, 242:2
constitutional [2] -
125:25, 242:3
constraint [1] - 292:21
construct [1] - 126:22
constructed [6] - 8:4,
11:24, 84:21, 85:3,
127:19, 127:21,
139:24, 141:2
constructing [2] -
86:3, 127:11
construction [46] -
18:25, 19:3, 25:10,
30:8, 47:1, 51:10,
54:25, 55:4, 55:7,
55:12, 58:23, 59:3,
61:5, 74:7, 82:2,
96:16, 96:24, 97:11,
98:4, 98:8, 105:7,
127:5, 127:8,
127:15, 127:16,
127:17, 138:6,
139:25, 157:8,
161:17, 161:19,
207:15, 221:11,
221:12, 221:15,
223:16, 223:20,
223:22, 223:24,
232:9, 232:20,
236:20, 268:5,
303:6, 304:9
consultant [5] - 41:14,
78:14, 83:14, 270:22
consultants [1] -
44:21
contact [10] - 15:15,
15:23, 17:15, 89:7,
89:9, 89:13, 89:15,
196:16, 215:8,
261:19
contacting [1] - 12:20
contained [3] - 51:12,
270:1, 270:2
contains [1] - 196:17
contaminants [1] -
272:7
contamination [2] -
11:19, 82:7
content [2] - 266:17,
283:2
contention [1] -
163:12
contest pi - 325:18
context [4] - 10:11,
24:21, 31:7, 207:4
context -sensitive [1] -
24:21
contiguous [1] -
134:20
Continental [1] -
107:2
continuance [3] -
44:8, 142:7, 142:8
continuation [1] -
134:22
continue [13] - 5:14,
48:6, 49:18, 62:12,
68:7, 88:16, 129:1,
129:25, 241:18,
258:13, 273:22,
274:24, 316:6
Dauster'IMurphy
303.522.1604
continued [6] - 87:13,
89:2, 106:16,
140:13, 217:16,
267:2
continues [4] - 10:20,
18:21, 22:6, 58:13
continuing [4] - 44:9,
87:12, 218:1, 259:11
continuous [2] -
296:1, 296:8
contour [5] - 78:12,
79:3, 79:5, 256:25,
257:3
contours [1] - 79:13
contracted [1] -
282:11
contractor [7] - 221:2,
221:3, 221:19,
228:10, 233:24,
234:3, 234:10
contractors [1] -
207:20
contrary [1] - 135:3
contrast [2] - 200:4,
267:25
contribution [1] -
282:24
contributions [1] -
182:15
contributors [2] -
148:14, 263:7
control [42] - 36:17,
36:21, 40:5, 62:9,
110:9, 110:11,
111:14, 111:19,
112:5, 112:12,
169:12, 179:23,
180:3, 184:7,
193:24, 197:4,
197:5, 198:22,
199:16, 217:11,
219:15, 220:1,
220:3, 225:8,
232:17, 237:8,
261:8, 261:13,
261:23, 265:15,
266:13, 266:14,
266:25, 267:2,
267:5, 271:16,
282:10, 283:1,
319:13, 319:15,
319:20, 320:4
Control [3] - 207:25,
265:13, 265:17
controlled [3] - 171:6,
222:24
controls [5] - 76:2,
198:23, 252:4,
252:6, 252:7
Page 343.
controversy [1] -
19:25
convenient [1] -
155:21
converge [2] - 108:6,
164:20
conversation [13] -
33:9, 142:19,
142:21, 144:7,
147:6, 208:11,
281:20, 310:18,
315:7, 317:23,
318:8, 321:22,
322:12
conversations [1] -
31:5
conversion [1] -
199:17
convert [2] - 126:19,
133:18
conveyance[1]-
93:25
conveyor[] - 81:12,
284:13
conveyors [1] - 297:2
cool [1] - 190:16
cooperative [5] - 18:6,
116:2, 116:3, 117:6,
118:12
coordinate [1] -
118:25
coordinated [5] -
14:6, 14:25, 16:4,
16:12, 124:19
Coordinated [1] - 15:5
coordination [1] -
117:13
coowner[1] - 225:2
COPD [2] - 203:18,
237:7
copies [2] - 109:9,
304:5
copy [2] - 114:13,
114:17
corn [1] - 176:6
corner [7] - 66:22,
81:11, 176:15,
177:14, 245:5,
246:4, 246:11
coronary [1] - 237:8
corporate [2] - 14:22,
287:20
corporation [5] - 96:6,
102:14, 197:20,
197:23, 198:7
Corporation [1] -
205:1
corporations [2] -
100:9, 100:10
Weld County Board of Commissioners
7/22/2020
correct [18] - 31:9,
37:15, 38:16, 38:23,
38:24, 39:3, 77:15,
114:25, 115:3,
129:12, 154:13,
279:14, 279:25,
284:2, 295:6, 295:7,
318:23, 329:15
correction [1] - 216:3
corrective [3] -
151:13, 216:2, 216:7
correctly [5] - 33:4,
117:24, 177:1,
242:9, 287:24
correlate [1] - 286:2
correlated [1] - 285:24
correspond [1] -
167:16
corresponded [1] -
20:25
corridor [7] - 20:14,
20:15, 22:9, 28:9,
61:7, 121:1, 316:23
cost [13] - 85:14, 86:3,
97:24, 98:19, 100:4,
187:20, 188:15,
218:17, 218:19,
218:23, 221:9,
221:18, 273:18
costly [1] - 268:10
costs [2] - 193:6,
235:20
cottonwood [1] -
156:9
Coulson [1] - 180:19
council [4] - 114:10,
114:11, 320:23,
320:25
counsel [9] - 4:12,
46:14, 70:3, 142:5,
142:6, 163:19,
292:6, 331:11,
331:12
counter [1] - 305:9
counterclaimed [1] -
57:23
counterpoint [1] -
313:10
counties 01- 223:18
counting [1] - 218:24
Country [1] - 104:16
country [2] - 64:20,
97:20
counts [1] - 217:22
COUNTY[1] - 1:4
County [140] - 2:18,
3:3, 3:18, 3:19, 7:6,
7:10, 7:11, 7:25,
8:10, 8:25, 9:2, 9:3,
9:6, 9:22, 9:24, 10:5,
10:7, 10:20, 12:7,
13:17, 14:13, 15:6,
15:14, 17:2, 18:8,
20:16, 21:16, 21:24,
22:10, 27:9, 27:14,
28:24, 29:16, 29:17,
29:18, 29:23, 30:5,
30:7, 30:15, 39:11,
39:12, 39:14, 51:7,
51:19, 53:2, 56:5,
56:9, 59:22, 60:11,
61:6, 62:7, 64:8,
64:12, 64:25, 65:2,
67:15, 76:16, 91:19,
96:1, 104:15, 106:8,
116:1, 118:13,
119:6, 120:11,
120:12, 121:2,
121:6, 123:11,
127:3, 128:21,
129:20, 132:21,
137:15, 143:6,
144:15, 145:17,
147:4, 147:5,
147:22, 150:16,
153:6, 157:12,
160:20, 160:22,
163:23, 164:4,
180:14, 187:22,
189:9, 189:10,
191:6, 192:6,
197:13, 197:14,
197:24, 197:25,
201:6, 201:10,
201:19, 201:24,
202:1, 202:5, 205:2,
205:20, 206:2,
206:9, 212:5,
219:15, 221:2,
222:16, 223:17,
226:2, 231:8,
233:24, 234:2,
234:5, 236:6,
236:12, 237:2,
237:16, 246:5,
246:11, 246:16,
246:17, 273:5,
273:6, 273:10,
290:18, 305:16,
305:25, 306:6,
316:3, 316:4, 316:7,
316:16, 316:25,
322:24
county [i 36] - 11:1,
11:10, 13:12, 13:21,
14:12, 14:14, 15:22,
22:13, 22:19, 31:23,
38:22, 39:2, 47:19,
49:8, 49:14, 49:18,
49:23, 50:2, 50:5,
50:15, 51:23, 52:12,
53:19, 53:21, 56:13,
58:7, 58:10, 59:16,
60:3, 64:21, 65:5,
65:11, 65:21, 67:8,
70:8, 70:9, 73:5,
75:23, 75:25, 76:4,
79:23, 83:1, 83:17,
84:1, 84:3, 84:9,
84:11, 92:5, 94:2,
98:5, 102:15,
102:17, 105:23,
107:22, 115:25,
116:9, 116:13,
116:14, 117:6,
118:3, 118:8,
118:15, 118:21,
119:1, 121:4,
128:20, 129:1,
133:3, 133:8, 133:9,
134:1, 134:4,
135:12, 136:16,
136:22, 138:5,
138:14, 138:15,
139:14, 140:1,
140:9, 140:18,
140:21, 140:24,
141:4, 141:5,
142:10, 143:18,
144:1, 146:5, 155:3,
160:25, 179:23,
180:12, 187:9,
197:14, 202:7,
205:4, 206:13,
211:21, 219:22,
240:20, 240:23,
241:18, 243:2,
252:6, 256:10,
260:8, 260:13,
263:21, 264:18,
275:4, 275:7,
286:11, 290:1,
300:20, 305:18,
305:20, 305:22,
307:1, 307:4, 307:8,
307:10, 308:21,
309:3, 309:22,
312:21, 313:3,
313:20, 315:24,
319:11, 319:19,
320:12, 325:4, 325:9
County's [2] - 19:8,
20:4
county's [14] - 12:25,
15:24, 48:23, 50:7,
50:21, 56:23, 69:20,
92:13, 105:14,
110:20, 112:16,
253:18, 272:19
Dauster I Murphy
303.522.1604
County/Johnstown
[1] - 15:5
countywide [1] -
83:20
couple [16] - 96:22,
107:12, 118:24,
136:24, 148:7,
155:8, 156:2,
165:15, 170:12,
170:24, 192:14,
250:17, 282:13,
288:25, 290:3,
291:11
couples [2] - 157:3,
157:12
course [22] - 45:22,
63:6, 69:15, 69:22,
77:22, 79:8, 88:21,
151:22, 158:2,
169:16, 175:12,
175:19, 179:8,
180:17, 185:3,
186:7, 210:15,
215:1, 259:7,
276:25, 303:4, 308:5
court [35] - 8:16, 52:5,
53:6, 53:18, 57:3,
57:15, 94:13, 94:15,
127:25, 128:5,
128:6, 128:9,
128:14, 128:20,
129:19, 129:24,
134:14, 136:23,
138:7, 139:2, 139:6,
139:17, 140:17,
142:12, 143:12,
144:22, 164:12,
199:6, 199:12,
205:9, 205:13,
290:1, 291:2,
304:20, 304:21
Court [24] - 7:18, 8:13,
37:16, 52:15, 52:18,
52:21, 53:1, 53:2,
126:4, 127:13,
128:12, 129:18,
131:10, 135:12,
137:15, 164:12,
164:22, 168:12,
205:6, 219:8,
220:10, 220:11,
304:21
court's [1] - 306:22
court -ordered [1] -
205:13
courts [2] - 37:16,
130:22
cover [2] - 69:18,
149:16
Page 344
covered [5] - 45:19,
69:9, 69:17, 199:9,
265:16
covers [p] - 70:13
COVID [4] - 217:6,
237:22, 237:24,
297:20
COVID-19 [2] - 56:10,
210:18
Coyote [1] - 273:5
COZ20-0004 [4] - 2:3,
3:7, 3:8, 4:11
COZ20-004 [1] -
329:20
CPA [4] - 119:5,
119:10, 321:4,
321:12
CR [0] - 231:23
crackpot (1] - 148:16
crafting [1] - 44:14
Craig [2] - 227:4,
236:4
create [8] - 120:22,
163:17, 168:17,
178:13, 188:5,
205:21, 243:16,
245:13
created [4] - 18:16,
65:12, 138:16, 202:8
creates [3] - 60:12,
130:19, 317:17
creating [2] - 99:22,
201:12
creation [1] - 200:24
credence [1] - 321:17
credential [1] - 213:17
credentialing [1] -
213:12
crisis [2] - 8:2, 237:22
crisscrossing [1] -
305:22
criteria [21] - 9:1, 9:20,
9:21, 12:23, 19:19,
19:21, 26:21, 27:4,
27:22, 28:21, 45:19,
69:16, 92:15,
127:24, 139:2,
173:6, 179:1, 308:2,
310:16, 327:1
critical [5] - 20:4,
55:11, 70:1, 228:15,
228:22
crops [i] - 11:14
cross [2] - 30:4,
244:20
crossed [1] - 164:24
crosses [1] - 35:15
crossing [3] - 29:24,
30:3, 30:12
Weld County Board of Commissioners
7/22/2020
Crossroads [1] -
152:10
Cruces [2] - 190:23
crux [1] - 308:18
crystal [1] - 205:18
crystalline [2] -
196:18, 211:4
CU[0]-236:10
Cummings [1] -
124:13
cumulative [1] - 13:3
cured [1] - 226:14
curious [4] - 258:2,
277:6, 290:3, 311:22
current [15] - 15:24,
19:6, 49:1, 61:12,
74:16, 79:19,
117:10, 118:12,
176:9, 177:4, 179:1,
179:12, 201:20,
207:10, 222:20
custom [1] - 245:11
customer [3] - 221:5,
221:7, 221:21
Customer [1] - 17:14
customers [5] - 54:9,
55:14, 55:22, 61:18,
232:9
cycles [1] - 185:13
cycling [1] - 185:18
D
daily [6] - 79:4, 81:9,
169:4, 195:17,
210:25, 211:19
dairy [4] - 154:21,
155:9, 155:21,
156:12
Dam [1] - 56:2
damage [2] - 19:13,
211:5
dampened [1] - 231:6
dang [2] - 320:4,
320:14
danger [1] - 196:23
dangerous [2] -
211:17, 212:1
dare [1] - 225:21
darned [0] - 308:12
data [26] - 42:25,
89:22, 149:9,
149:11, 160:21,
167:6, 167:8, 167:9,
168:13, 174:11,
184:14, 184:19,
213:15, 213:24,
214:14, 215:20,
256:15, 257:7,
257:19, 270:1,
271:24, 272:22,
273:8, 285:21,
285:22
database [0] - 215:14
date [3] - 86:16,
114:18, 114:19
dated [4] - 15:8,
15:20, 42:17, 109:14
dates [1] - 303:7
daughter [2] - 222:21,
223:4
DausterlMurphy [1] -
1:10
Dave [8] - 141:9,
148:2, 174:4, 183:9,
183:14, 186:23,
232:4, 233:2
David [4] - 46:8, 54:1,
54:5, 124:8
daycare [1] - 227:25
daylights [1] - 319:7
days [12] - 7:7, 15:15,
15:22, 169:15,
169:18, 172:9,
188:13, 210:10,
217:15, 268:20,
268:22, 269:12
daytime [4] - 256:16,
257:5, 257:20, 260:3
dB [8] - 165:3, 280:16,
281:6, 281:7, 281:8,
281:21, 281:25
dBA [1] - 40:7
DC [0] - 307:13
DCP [0] - 151:9
de [5] - 33:23, 33:24,
277:19
deal [12] - 73:6, 90:16,
140:14, 151:5,
161:24, 180:20,
195:13, 218:9,
245:2, 274:3, 291:2,
307:16
dealing [2] - 85:24,
210:11
deals [2] - 242:3,
294:2
dealt [1] - 240:11
death [3] - 196:21,
203:20, 203:22
decade [1] - 205:13
decade -olds [1] -
205:13
decades [1] - 234:14
deceive [1] - 246:18
December[3] - 39:18,
127:4, 261:3
decent[1] - 311:16
decibel [6] - 41:23,
164:5, 166:14,
259:16, 286:3, 289:7
decibels [is] - 41:24,
42:1, 79:13, 149:5,
165:4, 165:6,
167:11, 168:2,
168:6, 168:17,
194:3, 256:22,
259:18, 259:19,
283:9, 289:11,
289:17, 289:20
decide [3] - 38:10,
306:22, 308:24
decided [3] - 111:10,
213:6, 223:21
decipher [1] - 252:25
decision [21] - 4:10,
31:20, 31:21, 31:25,
32:5, 34:9, 46:20,
52:19, 52:21, 53:10,
57:7, 128:13,
143:23, 145:11,
145:14, 235:24,
246:12, 311:13,
325:4, 325:9, 325:10
decision -making [1] -
46:20
decisions [8] - 10:4,
10:7, 10:12, 10:16,
46:19, 206:3, 247:1,
247:5
deck [3] - 189:15,
197:17, 251:1
declaring [1] - 7:22
decline [1] - 193:21
declined [1] - 111:4
deconstruct [1] -
199:7
decrease [1] - 162:1
decreased [1] -
160:11
dedicate [1] - 223:22
dedicated [10] - 19:4,
77:6, 77:8, 90:13,
90:16, 91:12, 91:18,
155:6, 301:23, 302:4
defendants [21-
128:19, 140:12
defendants' [1] -
140:3
defer [3] - 31:23,
32:17, 300:19
defers [1] - 21:4
deficiencies [1] -
126:11
deficiency [1] - 171:15
define [2] - 145:1,
145:18
Dauster I Murphy
303.522.1604
defined [3] - 13:23,
22:14, 159:20
definitely [2] - 129:13,
225:25
definition [3] - 149:24,
155:14, 306:15
definitive [1] - 52:7
degrees [4] - 185:8,
195:21, 229:3, 229:4
delegated [1] - 110:10
deliberate [1] - 308:8
deliberation [1] -
113:19
deliver [2] - 59:23,
188:5
deliveries [1] - 126:25
delivers [1] - 188:5
delivery [1] - 59:19
delta [1] - 283:13
deltas [1] - 207:11
demand [7] - 19:6,
23:11, 207:11,
311:5, 311:6,
311:10, 311:11
demanding [2] -
102:15, 206:12
demographic [1] -
201:24
demonstrate [1 ] -
162:14
demonstrated [5] -
9:18, 27:24, 54:19,
253:2, 328:8
demonstrating [1] -
159:9
denial [5] - 21:3, 21:7,
21:15, 109:19,
290:22
denied [a] - 12:12,
131:23, 173:6, 290:4
denies [2] - 49:8,
120:10
Denise [1] - 217:1
Denver[1] - 43:16
deny [13] - 102:16,
121:9, 141:5,
158:21, 180:8,
186:8, 206:15,
216:22, 219:5,
220:21, 228:3,
231:21, 233:17
denying [1] - 295:1
departed [2] - 260:20,
261:1
department o] -
21:1, 23:17, 23:20,
31:19, 40:14, 41:13,
109:20, 171:23,
204:17, 326:14
Page 345
Department [10] -
2:19, 2:21, 2:23,
6:24, 17:20, 17:21,
28:20, 207:24,
303:24, 327:20
departments [1] -
303:24
departs [2] - 60:23,
254:14
dependent [1] - 36:19
depleted [3] - 97:10,
99:14, 266:25
depleting [2] - 207:9,
221:14
deposits [3] - 97:9,
328:11, 328:13
Depots [2] - 152:4,
152:6
depth [2] - 45:20,
70:14
depths [1] - 69:10
derived [1] - 166:15
describing [1] -
160:13
description [1] - 54:8
desert [4] - 188:3,
235:1, 235:2, 237:2
design [7] - 11:22,
67:21, 72:16, 73:4,
76:6, 88:10, 117:7
designate [1] - 24:6
designated [3] -
21:21, 65:22, 177:8
designates [1] - 21:9
designation [2] - 31:6,
164:2
designations [2] -
62:6, 62:7
designed [7] - 24:17,
55:16, 130:16,
156:17, 242:13,
288:6, 320:7
desire [4] - 80:4, 83:1,
116:4, 127:4
desires [1] - 120:18
despite [1] - 182:6
dessert [11 - 235:4
detail [5] - 23:7,
169:21, 174:17,
247:20, 248:13
detailed [1] - 17:24
details [1] - 159:11
detect [q - 185:11
detection [1] - 82:11
detention [1] - 81:21
deterioration [2] -
60:24, 159:17
determinant [3] -
74:21, 278:22,
Weld County Board of Commissioners
7/22/2020
283:24
determination [6] -
67:13, 94:8, 94:11,
244:9, 246:9, 278:8
determine [3] - 89:23,
166:9, 308:1
determined [7] -
63:14, 67:22,
168:11, 210:21,
259:6, 278:24,
326:19
determines (1] - 74:22
determining [2] -
242:10, 256:1
deterrent [1] - 76:11
detriment [1] - 140:12
detrimental [1] -
231:14
detrimentally (1] -
130:8
devastating [1] -
184:16
develop [3] - 63:17,
94:4, 104:22
developed [9] - 48:20,
65:21, 74:24, 116:7,
154:25, 190:24,
203:18, 217:4, 246:7
developers [1] - 67:5
developing [8] - 65:6,
65:7, 65:9, 66:21,
118:5, 180:24,
201:1, 224:20
development [64] -
11:9, 12:15, 13:19,
14:20, 14:22, 16:20,
16:22, 17:22, 17:23,
18:9, 20:19, 21:19,
22:5, 23:8, 24:12,
24:13, 27:21, 28:13,
2&18, 38:5, 38:12,
4a21, 51:12, 56:25,
57:25, 58:10, 62:25,
64:16, 65:10, 65:14,
67:3, 76:8, 76:25,
78:1, 87:21, 105:8,
105:21, 107:6,
116:17, 117:3,
120:25, 136:9,
139:13, 139:14,
139:21, 150:25,
151:5, 151:6,
152:17, 158:17,
168:8, 179:24,
180:2, 180:3,
180:23, 183:22,
204:16, 204:19,
237:14, 239:8,
239:14, 274:17,
307:6, 314:16
Development [12] -
13:25, 64:13, 64:14,
65:1, 65:4, 65:12,
70:11, 70:12, 155:1,
200:18, 200:23,
243:3
developments [4] -
16:17, 63:2, 63:8,
221:10
device [1] - 194:2
devices [1] - 198:22
diabetes (1] - 237:7
diagnosed [5] -
170:11, 170:18,
210:10, 218:7, 298:4
diagnosis [1] - 218:12
dialogue [1] - 274:24
Diane [1] - 233:22
dictate [3] - 72:25,
74:14, 75:11
Dictionary [1] - 150:7
die [2] - 37:24, 237:25
differ [1] - 25:3
difference [4] - 98:24,
162:2, 184:23,
184:24
differences [1] -
163:24
different [23] - 4:8,
4:14, 72:12, 73:14,
86:1, 97:12, 100:13,
107:16, 107:18,
107:25, 108:8,
130:20, 154:24,
164:1, 167:17,
217:13, 239:4,
289:12, 290:16,
290:17, 292:19,
323:3
differs [1] - 21:4
difficult [10] - 72:20,
75:8, 97:15, 156:10,
198:13, 253:12,
322:19, 324:1,
324:8, 325:3
difficulties [1] -
171:21
difficulty [2] - 171:22,
317:11
digital [1] - 166:7
diligent [1] - 153:20
dimensional [1] -
71:12
direct [3] - 150:10,
173:3, 196:15
directed [1] - 300:22
direction [3] - 195:18,
269:17, 300:21
directly [9] - 21:23,
107:17, 120:6,
156:18, 197:18,
207:3, 210:24,
231:25, 288:8
director [4] - 20:24,
116:17, 117:3,
206:23
Dirks [1] - 124:9
dirt [5] - 175:9,
212:15, 233:9,
268:6, 302:21
disagree [7] - 121:16,
122:3, 143:2, 144:4,
144:5, 149:3, 323:21
disagreeance [1] -
323:10
disagreement [1] -
70:23
disallowed [1] -
198:14
disappearing [2] -
55:8, 58:20
disappointment [1] -
121:6
discharge [4] - 214:3,
214:4, 214:7, 214:10
discharges [1] -
214:25
discovered [1] -
151:16
discovery [1] - 184:16
discredit [2] - 264:10,
264:12
discretion [4] - 44:15,
53:6, 133:5, 133:11
discuss [6] - 6:21,
15:16, 88:3, 143:19,
238:12, 293:15
discussed [3] - 82:25,
261:22, 296:17
discussion [11] - 48:2,
48:3, 54:9, 73:13,
73:20, 83:6, 132:2,
142:4, 260:6,
321:19, 329:24
discussions [1] -
202:13
disease [4] - 170:5,
196:20, 236:17,
237:8
diseases [1] - 170:4
dishwasher [1] -
259:25
dismiss [1] - 57:3
dismissed [1] - 53:18
disparity [1] - 152:14
disregard [1] - 121:7
disregarded [1] -
Dauster I Murphy
303.522.1604
122:5
dissolve [1] - 181:14
distance [3] - 72:14,
77:13, 86:22
distances [4] - 25:13,
55:14, 108:18,
248:15
distinct [1] - 124:20
distributed [1] - 56:1
distribution [3] -
106:10, 106:22,
152:10
DISTRICT [2] - 2:4, 2:5
district [25] - 3:11,
3:12, 7:4, 7:5, 8:14,
8:21, 9:12, 26:24,
45:7, 50:24, 51:9,
244:4, 244:8,
244:17, 244:19,
244:24, 245:6,
245:14, 276:4,
298:15, 305:17,
328:2, 328:10
District [8] - 8:13,
14:18, 27:1, 53:2,
73:25, 75:7, 120:2,
325:5
districts [4] - 9:15,
27:7, 28:1, 50:10
ditch [2] - 11:15,
196:7
Ditch [2] - 11:16,
11:17
diversity [1] - 12:25
Division [1] - 207:25
division [1] - 320:14
dizziness [1] - 210:13
DJs [i] - 157:17
DMR [i] - 215:14
Docket [1] - 3:6
DOCKET [1] - 2:1
doctor[3] - 191:1,
210:25, 218:3
doctor's [2] - 210:17,
218:24
doctors [1] - 203:21
document [6] - 10:10,
38:23, 116:15,
125:23, 169:20,
179:4
documentation [1] -
42:21
documented [1] -
179:17
documents [2] -
12:17, 109:9
dog [1] - 149:13
dogs [1] - 166:18
dollar [3] - 106:15,
Page 346
128:16, 198:7
dollars [4] - 84:14,
182:20, 213:11,
234:12
dollars' [i] - 104:20
domestic [3] - 75:16,
243:25, 244:21
domino [1] - 133:13
Don [3] - 203:8, 204:1,
219:7
done [48] - 37:2,
37:17, 43:20, 43:25,
46:10, 48:3, 66:21,
68:9, 87:10, 90:14,
99:25, 100:12,
100:20, 105:6,
107:6, 114:24,
117:19, 133:12,
147:19, 148:24,
156:4, 158:14,
167:5, 169:22,
174:23, 178:20,
181:23, 186:8,
188:8, 190:15,
211:5, 212:6,
212:11, 218:21,
225:9, 230:8, 234:1,
237:16, 261:6,
293:19, 296:25,
297:11, 302:12,
313:8, 316:16,
326:6, 326:7
door [6] - 132:23,
159:10, 160:16,
194:6, 254:9, 325:2
Dorado [1] - 104:24
dot [1] - 192:4
double [2] - 283:15,
289:10
doubles [2] - 289:14,
289:17
doubling [6] - 164:9,
202:3, 283:10,
283:14, 287:3,
289:18
Down [1] - 104:16
down [50] - 25:17,
29:23, 35:12, 35:17,
41:24, 52:8, 81:3,
91:14, 98:16,
101:20, 105:20,
126:4, 127:11,
148:25, 150:24,
151:3, 151:17,
156:9, 166:23,
175:7, 176:15,
185:19, 186:11,
191:5, 209:7, 211:4,
224:18, 224:22,
Weld County Board of Commissioners
7/22/2020
231:5, 231:6, 232:8,
233:8, 233:11,
265:6, 274:4,
286:10, 287:22,
288:9, 289:20,
299:8, 299:9,
299:11, 299:12,
302:21, 304:21,
310:17, 311:3,
316:16, 319:16,
321:10
downstream [2] -
125:13, 130:8
dozens [1] - 20:8
Dr [8] - 141:14,
162:23, 168:23,
173:9, 226:8, 236:4,
252:23, 295:9
DR [6] - 162:22, 163:2,
163:4, 168:23,
173:10, 173:13,
173:16, 226:8, 236:4
drainage [1] - 11:22
dramatic [1] - 107:25
draw [1] - 66:13
drawing [2] - 311:20,
317:22
drawn [1] - 113:14
dream [1] - 203:12
drilling [1] - 200:5
drive [5] - 175:6,
202:14, 202:17,
202:23
Drive [5] - 104:17,
119:25, 197:10,
217:1, 225:3
driven [2] - 68:8,
296:19
drivers [2] - 63:16,
90:9
driving [3] - 97:16,
151:17, 261:9
drone [1] - 176:18
drones [1] - 175:10
drop [4] - 165:5,
165:6, 218:16, 274:4
drops [4] - 95:6,
218:5, 218:9, 218:21
drove [1] - 108:13
drum [1] - 208:10
drums [1] - 285:7
dry [3] - 218:8, 218:9,
285:4
dryer[1] - 189:20
due [7] - 28:25, 29:1,
132:25, 166:24,
172:5, 217:6, 296:18
dump [2] - 192:3,
230:6
dumped [2] - 81:14,
166:25
dumping [3] - 189:11,
189:19, 190:2
duplicated [1] - 215:4
during [25] - 32:12,
32:13, 32:16, 40:7,
40:21, 41:24, 42:3,
52:2, 73:23, 79:17,
82:2, 97:4, 103:12,
167:4, 167:13,
184:15, 252:18,
253:11, 257:4,
260:22, 266:16,
268:23, 303:5, 304:9
dust [142] - 18:16,
20:8, 23:6, 40:4,
40:8, 40:9, 40:20,
41:11,41:12,72:17,
73:16, 76:1, 80:10,
80:11, 80:13, 81:7,
87:9, 87:10, 89:23,
124:24, 137:7,
140:15, 141:14,
151:15, 152:24,
156:14, 169:1,
169:4, 169:10,
169:13, 170:7,
170:8, 170:9,
170:15, 171:1,
171:11, 171:13,
172:1, 172:9,
172:14, 172:20,
178:3, 184:9, 188:2,
188:6, 190:7,
190:20, 191:13,
191:18, 196:19,
196:24, 197:5,
199:16, 200:3,
210:22, 211:3,
211:4, 211:17,
212:13, 212:14,
212:16, 212:17,
217:9, 219:13,
219:15, 219:21,
219:25, 220:3,
223:7, 227:14,
229:22, 231:1,
231:4, 233:7,
233:14, 235:5,
236:18, 236:19,
237:1, 240:12,
243:10, 251:4,
263:2, 263:3,
263:14, 263:18,
263:19, 263:23,
264:2, 264:9,
264:21, 266:22,
266:25, 267:2,
267:5, 267:11,
267:17, 267:20,
267:24, 268:1,
268:2, 268:7, 269:2,
269:5, 269:8,
269:10, 269:15,
269:17, 269:23,
270:2, 271:9,
271:13, 271:17,
292:14, 292:24,
293:2, 294:3,
296:18, 296:20,
297:3, 297:7,
297:13, 298:8,
299:18, 300:9,
300:13, 301:9,
301:16, 301:18,
301:24, 301:25,
302:3, 302:5, 302:7,
302:14, 302:21,
303:2, 303:10
dust -producing [1] -
268:7
dustier [1] - 269:4
dusting [1] - 227:18
dusty [1] - 188:3
duties [1] - 9:2
duty [1] - 125:24
dwellings [1] - 177:13
E
E -permitting [1] -
12:18
ear [2] - 170:20,
289:18
earliest [1] - 261:5
early [6] - 6:6, 58:5,
71:24, 181:15,
229:1, 291:18
earned [1] - 90:23
ears [1] - 210:13
earshot [1] - 84:22
earth [2] - 18:13,
24:16
easier [1] - 293:14
easily [3] - 19:4,
170:2, 325:3
east [14] - 3:18, 7:10,
22:24, 23:1, 24:2,
24:7, 30:7, 30:14,
91:21, 91:22,
102:14, 165:21,
228:19, 230:15
East [1] - 282:7
easy [5] - 99:10,
105:17, 181:25,
196:10, 325:10
Economic [2] -
auster I Murphy
303.522.1604
200:18, 200:23
economic [24] - 13:10,
13:11, 13:13, 19:7,
46:24, 47:3, 61:12,
61:14, 61:15, 61:20,
92:17, 107:19,
107:20, 131:2,
131:14, 145:5,
150:8, 150:12,
157:6, 179:18,
207:13, 237:14,
311:9
economy [8] - 61:10,
61:21, 90:25,
157:23, 158:10,
193:21, 202:20,
203:2
ecosystem [1] -
157:18
edge [4] - 84:20,
197:16, 233:13,
257:6
edification [1] - 145:1
editorial [1] - 200:21
educational [1] - 56:7
effect [6] - 73:7,
133:14, 222:2,
270:9, 279:13,
300:25
effective [5] - 18:14,
18:15, 100:4, 201:1,
221:18
effectively [3] -
179:21, 286:4,
293:17
effectiveness [1] -
230:9
effects [8] - 24:13,
87:13, 130:7,
133:21, 150:9,
169:7, 204:18, 272:9
efficiencies [2] -
60:13, 99:22
efficiency [1] - 208:6
efficient [5] - 59:9,
59:15, 59:18, 100:4,
185:4
efficiently [1] - 55:14
effort [7] - 53:23,
117:11, 117:17,
157:20, 179:11,
186:2, 186:15
efforts [13] - 45:21,
87:7, 87:23, 89:1,
89:2, 90:17, 116:19,
199:17, 201:7,
207:23, 234:22,
251:9, 301:9
egregious [1] - 121:7
Page 347,
eight [4] - 104:7,
229:8, 260:25
either [14] - 5:15,
31:20, 39:3, 93:24,
123:20, 134:11,
179:13, 204:1,
233:16, 244:14,
281:18, 284:16,
316:22, 320:9
El [1] - 104:24
elaborate [1] - 115:18
elected [2] - 125:4,
125:16
election [1] - 226:20
electric [2] - 56:4,
64:10
electricity [1] - 63:20
electronic [1] - 215:14
elements [1 ] - 278:20
elevated [1] - 283:4
Eliminate [1] - 318:14
eliminates [1] - 208:9
Ellen [2] - 141:12,
158:24
email [3] - 12:19,
15:20, 142:3
emanating [1] -
271:13
embroiled [1] - 57:20
emerge [1] - 147:18
emergency [2] -
162:23, 171:23
emission [5] - 33:5,
151:15, 265:20,
294:17
emissions [16] -
19:13, 40:10, 76:1,
80:15, 140:15,
169:13, 208:9,
264:24, 265:2,
265:15, 265:22,
265:23, 265:25,
266:4, 266:7,
266:15, 267:21,
270:2, 294:5
Emissions [1] -
265:13
emitted [4] - 283:20,
285:1, 294:21,
295:17
emotional [1] - 203:10
emotions [1] - 183:7
emphasized [1] -
208:25
emphasizes [2] -
134:18, 135:4
emphasizing [1] -
19:1
emphysema [1] -
Weld County Board of Commissioners
7/22/2020
203:19
employ [1] - 201:10
employed [1] - 18:18
employee [1] - 298:3
employees [4] - 86:6,
297:16, 297:20,
302:5
employer[2] - 201:9,
217:6
employment [4] -
20:14, 21:22,
201:17, 297:14
Employment [1] -
176:20
empty [2] - 175:14,
180:17
Enabling [1] - 242:6
enacted [1] - 146:5
enclosed [1] - 178:2
encourage [7] - 13:13,
15:25, 136:3,
188:14, 201:1,
209:2, 320:10
Encourage [1] - 14:19
encouraged [2] - 15:2,
89:8
encourages [4] -
19:11, 22:20, 24:20,
136:9
encouraging [2] -
24:22, 134:22
encroachment [1] -
19:18
encumbered [1] -
21:17
end [15] - 45:4, 46:4,
51:3, 71:6, 99:24,
121:1, 126:5,
131:18, 173:25,
230:13, 230:15,
235:8, 260:4, 315:8,
330:11
ended [1] - 57:7
energy [2] - 56:3,
152:5
enforce [6] - 139:14,
141:4, 241:4, 272:3,
275:8, 321:8
enforced [2] - 75:25,
92:6
enforcement [13] -
8:11, 208:1, 241:2,
243:12, 245:17,
264:14, 264:16,
264:19, 300:2,
300:7, 307:10,
309:1, 313:3
engaged [2] - 83:14,
270:21
engineer [2] - 271:24,
282:9
engineered [2] -
288:6, 288:10
engineering [4] -
11:21, 190:14,
252:17, 288:12
engineers [3] - 63:22,
90:9, 154:23
engulfed [1] - 88:25
enjoy [3] - 211:10,
225:19, 226:3
enjoyed [2] - 102:18,
190:13
enjoyment pi -
189:16
enlightening [1] -
196:14
enormous [1] - 152:11
enshrined [1] - 125:23
ensure [17] - 58:4,
70:19, 83:3, 86:5,
87:13, 92:4, 130:11,
134:3, 208:4, 208:6,
267:5, 268:15,
271:12, 277:15,
281:7, 295:10,
326:17
ensured [1] - 86:12
ensures [1] - 76:9
ensuring [2] - 82:20,
261:24
entails [1] - 202:14
enter [1] - 198:24
Enterprises [1] -
225:3
entire [13] - 48:1,
53:23, 55:12, 60:3,
60:13, 100:22,
146:10, 154:6,
176:13, 202:15,
202:25, 224:11,
315:7
entitled [2] - 169:20,
268:15
entity [2] - 62:8, 62:14
entrance [2] - 30:13,
89:12
environment [5] -
201:3, 221:22,
226:14, 253:5, 255:5
Environment [2] -
17:21, 327:21
environmental [12] -
44:21, 44:25, 60:9,
108:17, 150:9,
150:13, 152:1,
169:1, 179:18,
208:3, 272:8, 282:10
Environmental [3] -
39:24, 191:2, 303:24
environmentally [1] -
207:4
envisioned [1] - 51:2
epicenter [1] - 62:25
equates [1] - 259:22
equation [1] - 256:11
equidistant [1] -
167:20
equipment [1a] -
80:18, 151:11,
151:21, 151:23,
185:5, 186:17,
208:5, 208:11,
287:5, 287:9
equivalent [2] - 60:17,
165:7
error [1] - 121:7
errors [1] - 286:4
eruptions [1] - 210:15
escaped [1] - 197:12
esophageal [1] -
210:22
esophagus [1] - 211:1
especially [5] - 61:11,
107:19, 184:7,
249:23, 319:9
essence [i] - 186:13
essential [4] - 58:18,
61:9, 228:21, 235:11
essentially [5] - 55:18,
76:20, 145:3,
145:12, 179:23
establish [1] - 270:8
established [1] -
19:10
establishment pi -
88:1
estate [7] - 83:15,
83:17, 104:19,
104:23, 105:21,
124:23, 141:13
Estates [13] - 88:6,
91:12, 91:13, 97:4,
135:9, 172:3, 189:3,
203:13, 205:3,
206:6, 213:5,
267:15, 269:24
estimate [3] - 149:3,
160:25, 172:12
estimated [1] - 160:22
estimates [2] - 272:19,
272:25
et [2] - 285:21
evaluate [2] - 13:14,
83:7
evaluated [1] - 297:16
evaluating [1] - 13:3
Dauster I Murphy
303.522.1604
evasive [1] - 163:11
evening [2] - 109:4,
282:6
Event [2] - 153:8,
153:15
event [16] - 23:2,
26:16, 29:19, 29:22,
36:1, 76:15, 89:9,
91:19, 122:6, 122:9,
153:18, 154:1,
154:4, 154:15,
245:8, 250:19
events [1] - 158:5
eventual [2] - 72:15,
76:3
eventually [2] - 199:6,
204:14
Everywhere [1] -
58:19
everywhere [1] -
212:17
evidence [14] - 52:22,
53:9, 124:25,
150:11, 165:1,
169:5, 169:23,
173:2, 200:11,
205:24, 205:25,
270:20, 281:1,
326:16
evidence -based [1] -
169:23
evidenced [3] - 24:15,
43:21, 61:16
exact [8] - 4:18, 4:20,
4:21, 47:20, 180:25,
190:12, 267:23,
269:18
exactly [15] - 37:19,
126:9, 136:22,
138:24, 147:12,
164:23, 174:20,
182:16, 260:19,
274:9, 300:15,
300:16, 307:24,
316:1, 316:14
exam [1]-218:4
examine [1] - 174:16
example [34] - 18:1,
25:8, 40:11, 47:6,
59:22, 65:3, 65:18,
66:19, 74:19, 75:15,
75:24, 76:18, 81:10,
86:17, 86:21, 87:17,
88:1, 94:12, 94:18,
101:3, 106:17,
132:17, 155:16,
156:14, 160:3,
165:17, 172:10,
180:21, 184:6,
Page 348
185:17, 196:25,
245:4, 245:14,
273:22
examples [9] - 56:1,
81:7, 105:24, 106:5,
150:15, 175:25,
176:2, 176:17,
178:23
excavated [2] - 97:1,
97:3
excavating [2] - 96:24,
248:7
Excavating [1] - 97:6
exceed [6] - 40:12,
135:15, 168:17,
202:1, 265:22, 269:7
exceedance[1]-
216:2
exceedances [2] -
215:15, 215:21
exceeded [1] - 207:22
exceeding [1] - 208:2
exceeds [1] - 207:11
excellent [2] - 43:25,
200:9
except [5] - 72:1,
81:24, 96:14,
244:19, 280:5
exception [1] - 233:12
exceptional [1] -
52:14
excess [1] - 163:17
excessive [3] -
171:22, 172:9,
220:20
excited [1] - 153:17
exciting [1] - 201:18
excuse [3] - 54:3,
165:6, 165:20
EXCUSED [1] - 2:14
excused [2] - 3:6,
123:14
executed [2] - 114:17,
177:17
executive [1] - 193:1
exemplary [2] - 28:16,
155:13
exempt [5] - 280:7,
280:9, 283:21,
308:21, 309:3
exempted [3] - 56:22,
254:15, 254:19
exemption [1] - 3:13
exemptions [1] -
305:19
exempts [1] - 254:17
exercise [4] - 33:4,
93:5, 133:10, 170:21
exercises [1] - 93:2
Weld County Board of Commissioners
7/22/2020
exert[] - 112:5
Exhibit [1] - 15:21
Exhibits [1] - 12:1
exhibits [3] - 12:4,
23:7, 23:19
exist [16] - 38:15,
65:15, 67:17, 85:17,
98:6, 137:25,
165:17, 168:1,
179:3, 179:20,
198:23, 224:20,
245:1, 290:12,
305:18, 305:19
existed [2] - 54:15,
118:24
existence [4] - 64:3,
74:23, 181:2, 309:22
existing [52] - 17:4,
17:5, 31:5, 32:20,
39:10, 39:16, 67:11,
67:17, 73:2, 76:8,
80:1, 92:18, 99:17,
105:15, 111:6,
111:9, 120:6,
121:24, 128:3,
130:23, 132:25,
135:8, 136:10,
136:11, 138:19,
139:1, 146:19,
146:21, 146:23,
175:1, 175:3,
179:15, 198:19,
201:6, 246:19,
246:20, 247:7,
247:13, 247:14,
247:16, 248:11,
256:18, 257:21,
261:12, 271:16,
277:10, 277:11,
277:14, 277:16,
277:17, 278:13
exists [16] - 33:2,
33:25, 41:16,
105:23, 118:23,
205:19, 276:1,
277:23, 304:24,
308:12, 308:13,
308:16, 308:17,
311:6, 327:15
exit [1] - 198:24
expand [4] - 8:18,
80:18, 201:7, 213:22
expanding [2] - 14:21,
16:17
expansion [3] - 17:4,
22:8, 56:9
expect[2] - 83:11,
206:10
expected [2] - 88:23,
166:20
expenditures [1] -
273:21
expense [2] - 76:10,
199:7
expensive [2] - 63:18,
160:6
experience [5] -
18:22, 157:3, 161:3,
190:21, 230:23
experienced [1] -
221:6
experiencing [1] -
201:21
expert [1] - 44:25
expertise [2] - 41:14,
287:17
experts [3] - 236:10,
281:18, 287:15
expires [1] - 331:16
explain [2] - 34:24,
103:2
explained [1] - 193:3
explains [1] - 203:20
explicit [1] - 270:18
explicitly [1] - 284:8
explore [1] - 216:9
exposed [1] - 238:1
exposure [2] - 172:22,
231:15
express [2] - 104:25,
200:23
expressed [6] - 13:16,
20:6, 27:2, 79:5,
135:24, 327:20
expressing [1] - 20:8
expressly [3] - 127:7,
128:6, 140:2
extend [1] - 168:5
extensive [2] - 28:11,
176:4
extent [8] - 77:23,
129:4, 178:5, 263:5,
272:12, 290:21,
297:10, 313:1
extra [6] - 57:14,
57:19, 122:18,
295:21, 298:13
extracted [1] - 160:21
Extraction [1] - 193:18
extraction [3] -
247:24, 248:8,
278:17
extraordinary [2] -
140:22, 217:23
extreme [3] - 227:14,
232:2, 232:14
extremely [2] - 171:6,
184:7
eye [3] - 218:3, 218:8,
218:9
eyes [2] - 218:15,
304:23
F
facade [1] - 156:22
face [3] - 94:22, 96:10,
210:23
faced [1] - 151:10
facial [1] - 210:14
facilitate [1] - 12:10
facilities [15] - 9:13,
27:5, 40:2, 57:2,
60:10, 106:9,
106:22, 132:18,
207:8, 224:19,
224:23, 229:10,
245:5, 271:1, 327:25
facility [132] - 7:15,
8:4, 18:11, 19:1,
25:24, 29:14, 30:10,
36:20, 48:22, 50:1,
51:1, 52:6, 52:8,
55:15, 55:17, 55:24,
56:24, 57:5, 57:6,
57:8, 61:5, 61:11,
61:16, 61:19, 77:3,
77:23, 78:16, 78:23,
79:21, 79:22, 80:18,
81:3, 82:8, 83:19,
83:22, 83:25, 84:7,
84:16, 84:23, 85:14,
86:4, 87:4, 88:4,
89:10, 89:12, 90:25,
96:20, 97:23, 98:10,
98:19, 101:17,
106:10, 126:24,
127:16, 127:18,
127:20, 128:15,
129:10, 129:13,
131:11, 131:12,
139:23, 139:25,
140:7, 140:9,
140:14, 140:19,
141:2, 143:10,
143:20, 154:6,
159:4, 159:9,
160:15, 161:2,
161:4, 161:16,
161:20, 162:19,
163:13, 165:18,
165:23, 195:8,
195:10, 195:19,
195:25, 196:1,
196:6, 199:4, 207:7,
215:13, 221:8,
221:16, 224:6,
Dauster I Murphy
303.522.1604
225:10, 225:24,
245:6, 245:20,
249:18, 249:25,
250:19, 250:20,
255:13, 256:1,
256:3, 256:9,
256:12, 261:10,
261:19, 263:14,
264:22, 265:6,
265:10, 267:12,
267:18, 268:3,
269:6, 271:2, 272:9,
273:18, 276:17,
282:23, 284:14,
284:16, 284:18,
284:25, 303:4,
303:6, 305:3, 305:5,
308:15, 320:24
facility's 0] - 79:19
fact [38] - 11:7, 59:8,
67:6, 75:8, 89:21,
92:10, 94:8, 94:10,
97:2, 111:5, 126:5,
129:17, 131:20,
149:25, 150:2,
151:11, 151:20,
161:24, 177:2,
177:5, 177:7,
177:10, 177:22,
177:24, 179:2,
179:3, 181:20,
185:16, 190:22,
194:19, 219:1,
234:18, 264:10,
270:8, 277:22,
305:5, 320:22
fact -specific [2] -
94:8, 94:10
facto [3] - 33:23,
33:24, 277:19
factor [1] - 159:5
factors [5] - 72:12,
72:13, 72:25, 73:14,
256:2
facts [6] - 178:25,
204:25, 290:15,
290:23, 326:12,
326:13
fail [2] - 193:19,
193:23
failed [1] - 167:7
fails [1] - 20:18
failure [1] - 203:21
fair [5] - 4:9, 4:10,
6:13, 119:13, 183:2
fairly [2] - 33:16,
184:20
fairness [2] - 12:5,
12:7
Page 349
fall [5] - 167:4, 195:15,
195:22, 276:2, 312:4
fallen [1] - 148:5
falls [2] - 94:19, 295:5
false [2] - 199:8,
211:18
familiar 01- 150:17
families [2] - 84:25,
226:24
family [16] - 64:14,
97:7, 100:11,
101:10, 102:5,
102:16, 107:5,
170:12, 170:24,
177:12, 189:12,
189:23, 211:15,
226:23, 312:11,
312:12
family -friendly [1] -
226:23
fan [1] - 190:4
far [26] - 33:1, 36:11
38:8, 40:8, 42:19,
48:5, 59:15, 75:1,
79:6, 108:18,
117:17, 120:17,
142:25, 168:5,
190:18, 191:4,
197:16, 197:24,
212:14, 212:16,
261:4, 279:21,
296:25, 309:4
farce [1] - 200:1
farm [8] - 96:17,
96:18, 134:24,
154:2, 176:7, 177:4,
212:14
Farm [1] - 176:3
farmed [1] - 66:5
Farmers [1] - 11:16
farming [3] - 75:7,
96:15, 236:19
farmland [1] - 154:2
farms [2] - 120:6,
205:14
Farr[1] - 219:16
fashion [2] - 147:19,
285:8
fast [2] - 300:5, 303:7
fast -forward [1] -
303:7
faster [2] - 29:8,
233:11
father[3] - 224:16,
233:25, 234:18
faulty [1] - 81:1
favor[6] - 5:15, 44:12,
127:14, 128:5,
128:10, 329:25
Weld County Board of Commissioners
7/22/2020
Fe [1] - 54:17
fear [1] - 198:21
February [3] - 15:12,
16:13, 261:2
Federal [3] - 7:21,
8:13, 24:19
federal [52] - 7:22,
17:5, 17:10, 49:15,
49:18, 56:22, 57:9,
57:14, 57:18, 58:13,
79:20, 92:10, 92:20,
94:7, 94:17, 128:19,
128:23, 129:3,
129:4, 129:12,
129:19, 129:24,
134:5, 134:7,
134:13, 136:22,
138:7, 139:6, 139:9,
139:17, 139:19,
140:17, 142:12,
143:10, 143:11,
143:13, 143:15,
143:25, 144:13,
144:22, 186:11,
220:15, 241:13,
254:16, 260:7,
305:11, 305:12,
306:2, 306:7,
306:22, 308:22,
308:24
federally [4] - 47:9,
49:17, 54:14, 57:11
feedback[1] - 118:5
feedlot [1 ] - 219:17
fees [1] - 181:10
feet [41] - 25:5, 25:10,
25:18, 25:20, 25:21,
25:23, 25:25, 26:3,
26:6, 26:9, 26:12,
26:14, 26:16, 26:17,
26:20, 75:20, 76:19,
77:13, 77:16, 77:17,
86:24, 91:9, 91:20,
106:21, 165:5,
165:15, 190:18,
195:16, 222:20,
230:16, 251:2,
251:15, 259:1,
259:2, 259:3,
280:20, 280:23
fence [2] - 185:18,
196:7
FENTON [2] - 213:3,
215:23
Fenton [1] - 213:4
fertilizer [1] - 245:12
few [32] - 23:9, 46:4,
46:8, 46:9, 56:1,
85:4, 86:9, 95:22,
96:14, 97:3, 106:21,
107:16, 169:17,
173:20, 176:2,
176:7, 176:14,
176:17, 178:22,
179:2, 185:8, 202:2,
205:14, 217:15,
218:9, 239:11,
240:4, 241:6,
243:21, 249:19,
253:22, 263:8
fiddling [1] - 299:15
field [2] - 25:2, 196:7
fields [2] - 190:8,
205:14
fight [4] - 85:14, 96:5,
102:12, 187:14
figure [2] - 147:21,
310:11
figured [1] - 285:17
file [1]-44:7
filed [4] - 50:15, 58:5,
126:17, 264:6
files [2] - 65:21,
138:15
final [3] - 50:17,
128:13, 274:1
finally [10] - 47:12,
50:12, 124:25,
134:16, 138:11,
150:23, 151:8,
168:10, 205:6, 328:5
financial [4] - 101:9,
105:9, 154:19, 155:5
financially [1] - 148:15
findings [14] - 44:12,
44:14, 53:4, 53:7,
95:16, 179:4,
270:25, 326:1,
328:15, 328:19,
329:10, 329:14,
329:22, 329:23
fine [4] - 116:23,
183:5, 225:16,
320:19
finish [1] - 58:2
firefighter [1] - 210:5
firm [4] - 11:21, 43:14,
46:13, 124:5
first [38] - 9:5, 10:17,
15:15, 30:4, 44:7,
48:16, 51:6, 59:6,
69:12, 71:11, 73:24,
74:4, 89:3, 103:5,
103:9, 107:17,
109:8, 109:11,
121:17, 126:13,
131:7, 138:9, 151:1,
160:18, 175:13,
203:15, 204:21,
242:16, 252:12,
254:20, 263:11,
264:4, 269:1, 274:6,
275:24, 282:18,
293:15, 322:11
First [1] - 125:23
fiscal [1] - 314:21
fit [a] - 152:4, 152:7,
176:5, 228:4
fits [2] - 146:15, 222:5
five [36] - 3:4, 9:1,
28:21, 73:13, 83:23,
110:1, 123:12,
153:9, 153:25,
155:23, 174:3,
179:25, 184:3,
186:8, 197:19,
198:4, 201:25,
209:8, 209:12,
222:25, 236:6,
236:8, 236:13,
237:18, 238:11,
249:13, 308:2,
310:15, 310:16,
310:17, 312:24,
320:21, 320:22,
327:1, 327:23
five-minute [1] -
209:12
five-star [1] - 249:13
fix [1] - 140:25
fixing [1] - 132:24
flagged [1] - 215:15
flares [1] - 171:5
flat [1] - 255:17
flatwork [1] - 225:7
flexible [1] - 13:1
floor [1] - 233:13
floored [1] - 227:19
florists [1] - 157:17
flow [1] - 125:14
fluctuate [1] - 285:15
fluid [1] - 195:14
fly [4] - 175:10,
284:15, 284:22,
285:19
focus [6] - 69:8,
69:11, 86:9, 87:22,
288:13, 325:22
focused [2] - 71:4,
164:22
folks [5] - 100:14,
100:15, 220:12,
227:1, 257:5
follow [a] - 22:9,
119:3, 224:14,
264:22
follow-up [1] - 119:3
Dauster'IMurphy
303.522.1604
following [8] - 2:10,
5:22, 14:6, 27:21,
27:23, 265:14,
265:20, 328:7
force [3] - 15:25,
130:7, 199:11
forced [1] - 211:6
foregoing [1] - 331:5
foreign [1] - 171:16
foremost [1] - 282:18
Forest [1] - 251:24
forever[3] - 130:9,
133:1, 182:2
forklift [1] - 288:7
form [2] - 59:9, 82:22
formal [1] - 112:3
formed [1] - 148:11
formerly [1] - 106:11
Fort [i] - 22:7, 26:5,
26:8, 35:13, 98:14,
225:4, 225:9
forth [3] - 274:10,
283:16, 285:13
forward [7] - 111:11,
117:10, 117:18,
241:19, 303:7,
303:23, 316:5
forwarded [1] - 28:23
fossil [2] - 187:21,
187:23
fostering [1] - 19:9
fosters [1] - 19:7
fought [1] - 198:4
foundations [2] -
97:2, 97:3
founded [1] - 10:19
four [17] - 3:4, 29:1,
40:19, 64:8, 123:12,
196:5, 210:11,
217:5, 217:12,
218:19, 222:25,
261:3, 308:2,
310:17, 326:9
four -lane [1] - 64:8
four -tenths [1] - 196:5
frack [1] - 288:7
fracking [1] - 288:9
fraction [1] - 182:17
frame [2] - 78:11,
303:12
framework [1] - 21:9
frank [1] - 307:23
frankly [4] - 138:8,
189:2, 286:11,
305:13
free [5] - 77:21, 83:9,
84:16, 125:22,
155:13
freedom [1] - 102:16
Page 350
FREEMAN [134] - 3:2,
3:23, 4:17, 30:19,
34:21, 35:22, 36:5,
38:18, 39:6, 39:21,
40:24, 42:10, 42:15,
43:1, 43:8, 56:19,
69:6, 102:20,
103:17, 103:22,
103:25, 107:8,
107:11, 108:23,
110:18, 111:25,
113:24, 114:2,
115:14, 116:23,
116:25, 119:14,
119:16, 119:22,
120:3, 121:11,
122:25, 123:5,
123:10, 144:4,
144:17, 144:23,
147:2, 147:24,
158:22, 162:21,
168:20, 168:22,
173:15, 173:19,
173:23, 174:3,
174:6, 183:5, 183:8,
183:13, 186:20,
186:22, 189:5,
189:7, 191:19,
191:22, 192:8,
194:15, 194:25,
197:7, 199:23,
200:15, 203:4,
204:3, 206:17,
209:4, 209:12,
209:14, 212:2,
212:23, 213:1,
216:23, 219:6,
220:23, 222:13,
223:13, 224:25,
225:14, 225:16,
226:6, 228:6,
229:15, 231:22,
233:19, 236:1,
238:5, 238:13,
238:16, 238:18,
238:24, 239:1,
239:6, 239:19,
239:25, 240:2,
275:17, 275:20,
275:23, 288:20,
288:23, 291:7,
304:13, 313:7,
314:24, 315:2,
315:15, 317:4,
318:11, 319:3,
319:8, 320:19,
321:18, 322:3,
322:7, 322:10,
322:13, 324:12,
324:21, 324:24,
Weld County Board of Commissioners
7/22/2020
325:13, 326:3,
328:20, 328:24,
329:6, 329:10,
329:13, 329:18,
330:2
Freeman [6] - 2:11,
109:3, 153:16,
275:16, 317:25,
325:8
FREEMEN [1] - 41:19
Freight [1] - 24:20
freight [2] - 24:23,
54:16
freight -generating [1]
- 24:23
frequent [1] - 171:5
frequently [1] - 247:8
fresh [2] - 211:8,
211:9
Freudian [1] - 38:9
FRIEDE [2] - 153:5,
158:23
Friede [5] - 141:11,
153:2, 153:6,
248:20, 249:6
Friede's [2] - 124:13,
249:11
friendly [1] - 226:23
friends [2] - 189:23,
325:6
FROM [1] - 2:3
Front [9] - 23:25,
52:11, 54:19, 55:2,
55:8, 58:21, 110:3,
202:25, 250:6
front poi - 68:21,
194:6, 219:19,
226:18, 230:5,
269:3, 269:4, 288:8,
290:24, 321:9
Frontage [1] - 282:7
frustrated [1] - 325:8
frustrates [1] - 319:6
frustrating [7] - 100:2,
299:7, 313:19,
314:7, 319:18,
320:6, 325:16
frustration [1] - 321:6
fuel [3] - 157:22,
187:21, 187:23
fugitive [3] - 40:8,
219:20, 266:15
fulfill [2] - 47:23,
326:18
fulfillment [1] - 152:8
full [5] - 29:5, 198:19,
208:12, 217:7, 218:2
full-time [2] - 217:7,
218:2
fully [8] - 3:15, 44:5,
44:15, 80:25, 81:3,
163:12, 211:16,
251:3
function [2] - 72:11,
74:16
functional [2] - 14:15,
39:14
functionally [1] -
188:7
functions [3] - 10:10,
55:1, 59:14
fund [5] - 88:6, 88:18,
91:12, 91:17, 292:2
furthering (4] - 13:17,
126:8, 130:15,
242:12
future [46] - 6:21,
10:4, 21:8, 22:12,
24:5, 31:5, 31:8,
39:2, 48:12, 49:1,
58:8, 62:7, 62:17,
66:1, 67:11, 67:17,
72:7, 89:1, 89:24,
93:23, 94:16,
105:10, 113:17,
133:4, 133:5,
135:19, 138:22,
138:25, 144:7,
162:7, 179:10,
179:14, 193:9,
193:10, 198:9,
201:20, 203:18,
205:19, 207:12,
208:18, 223:22,
224:19, 224:21,
247:15, 290:19
G
Gabriel [2] - 17:13,
33:9
gain [2] - 83:23, 131:2
game [2] - 217:14,
220:6
garage [2] - 194:6,
194:7
garden [1] - 171:7
gardening [1] - 194:6
Gary [6] - 46:3, 95:21,
95:25, 124:8,
141:13, 163:6,
289:5, 289:6
Gary's [l] - 185:18
gas [9] - 56:3, 63:20,
97:12, 145:8,
210:15, 248:9,
287:15, 287:16,
287:18
gateway [1] - 28:9
gathering [1] - 219:9
gatherings [1] -
226:21
gel [1] - 218:22
general [7] - 17:22,
163:16, 184:10,
214:12, 247:3, •
255:3, 283:11
generally [4] - 76:17,
84:11, 84:14, 263:20
generate (3] - 25:24,
165:3, 167:8
generated [11] -
157:13, 172:19,
230:5, 255:9,
263:18, 263:20,
263:23, 263:24,
264:2, 270:7, 294:18
generates [1] - 157:10
generating [2] - 24:23,
263:14
generations [1] -
236:7
generator [1] - 137:22
gentleman [1] -
226:12
gentlemen [2] -
190:10, 213:13
Gentlemen [1] -
193:17
geohazards [1] - 28:2
GERRARD [a] - 2:5,
95:24, 103:4, 103:9
Gerrard [12] - 3:9, 7:2,
11:4, 46:2, 46:4,
95:21, 95:25, 97:6,
102:21, 165:23,
197:22, 232:4
given [15] - 5:5, 5:8,
75:11, 92:9, 111:17,
151:12, 165:25,
193:21, 285:14,
292:6, 292:16,
294:18, 311:21,
327:5, 329:16
glad [2] - 191:8, 191:9
glass [1] - 148:5
glitch) [2] - 93:13,
121:22
GMA [6] - 110:5,
117:11, 118:3,
118:5, 118:22, 119:6
GMAs [1] - 115:17
Goal [3] - 16:21,
317:20, 318:13
goal [10] - 10:25,
13:20, 14:19, 16:15,
17:3, 17:17, 18:19,
Dauster'IMurphy
303.522.1604
313:11, 314:21
goals [1 6] - 10:3, 10:4,
10:5, 10:8, 10:12,
10:15, 13:16, 13:18,
47:5, 47:6, 60:4,
136:16, 275:11,
314:15, 315:16,
323:16
God [2] - 313:24,
314:5
Golden [1] - 25:22
goods [2] - 19:4,
19:12
gosh [1] - 218:8
govern [1] - 10:1
governance [2] -
49:14, 49:24
government [6] -
36:21, 49:15, 49:20,
56:22, 125:19, 206:3
governmental [1] -
56:8
governments [3] -
61:13, 75:24, 128:21
gr[i] - 106:13
grab [1] - 300:4
graduate [1] - 288:15
grams [1] - 196:4
grandkids [1] - 227:1
Grandma's [1] -
227:23
grandma's [1] - 228:1
grandsons [1] - 227:5
grant [1] - 279:20
granted [7] - 36:9,
37:14, 133:22,
135:23, 199:20,
281:5, 304:19
granting [5] - 9:8,
19:22, 31:2, 133:14,
327:12
graph [1] - 214:23
grass [1] - 235:3
grasses [2] - 251:23,
252:1
gratified [1] - 149:23
gravel [5] - 25:23,
26:2, 97:23, 108:12,
202:23
Gravel [1] - 180:20
greaser [1] - 90:7
great NI - 45:20,
69:10, 132:4,
156:16, 193:9,
193:10, 193:12,
201:19, 209:11,
212:23, 224:4,
226:6, 250:8, 311:12
Great [81- 14:11,
Page 351
23:14, 27:17, 35:1,
35:16, 106:13,
106:20, 161:8
greater[3] - 70:14,
76:23, 248:17
Greeley [i 6] - 3:22,
16:3, 16:8, 20:11,
20:23, 20:24, 28:10,
38:21, 62:1, 62:8,
158:7, 202:15,
225:10, 233:23,
234:1, 236:5, 236:6,
237:16
Greeley's [2] - 14:9,
16:6
green [4] - 66:9,
66:15, 164:18, 192:4
greeted [1] - 194:8
grew [2] - 188:2,
222:20
Ground [1] - 197:15
ground [6] - 146:9,
175:11, 189:19,
195:23, 255:24,
272:10
groundwater [2] -
82:22, 216:11
group [20] - 5:9, 5:11,
5:17, 5:19, 51:20,
53:14, 88:2, 88:15,
88:22, 102:14,
123:25, 148:10,
148:16, 181:13,
182:13, 200:1,
213:7, 292:4, 292:17
grouped [1] - 68:2
groups [1] - 270:19
grow [5] - 63:2, 154:2,
156:10, 201:7, 235:3
growing [5] - 61:10,
62:12, 202:20,
202:25, 229:11
grown [5] - 66:20,
97:5, 100:17, 180:17
growth [41] - 13:10,
13:13, 13:22, 13:23,
14:3, 16:5, 16:6,
16:10, 18:22, 19:7,
20:20, 23:11, 46:24,
46:25, 62:10, 62:15,
62:17, 62:25, 63:7,
63:11, 65:15, 92:17,
110:7, 112:9,
112:11, 112:13,
112:17, 113:3,
116:6, 116:12,
120:25, 201:20,
201:25, 222:7,
228:20, 316:6,
Weld County Board of Commissioners
7/22/2020
Page 352,
321:1, 321:3, 321:14
guess (i i] - 29:19,
171:7, 193:13,
209:21, 219:12,
287:11, 288:25,
289:25, 302:25,
314:14, 321:21
guests [1] - 250:5
guidance [1] - 301:2
guide [1] - 63:8
guided [11- 57:8
Guideline [1] - 18:13
guidelines [6] - 118:6,
265:21, 266:1,
293:4, 295:3, 295:5
guiding [5] - 10:15,
10:18, 19:8, 107:21,
108:11
gum [1] - 161:11
guy [5] - 170:22,
187:7, 286:18,
286:22, 286:23
guys [051- 5:12,
124:1, 148:10,
169:19, 180:20,
193:20, 194:22,
227:16, 229:4,
295:20, 296:16,
296:20, 305:1,
321:20, 329:2, 329:5
H
Hagerman [3] - 46:8,
54:1, 54:5
HAGERMAN [1] - 54:4
half [13] - 14:16,
20:16, 22:4, 22:10,
27:14, 84:13,
104:20, 171:4,
172:4, 185:13,
196:4, 280:12,
289:20
half -mile [4] - 20:16,
22:4, 22:10, 27:14
hammer [1] - 312:20
hand [5] - 81:11,
141:19, 224:18,
224:22, 295:15
Handbook (1] - 24:20
handful [1] - 22:25
handling [1] - 16:19
hang (2] - 43:8, 209:5
Hankins [1] - 176:3
happy (20] - 30:18,
39:19, 45:22, 69:15,
73:22, 79:16, 81:5,
83:4, 141:21, 186:4,
186:5, 203:14,
232:5, 232:21,
239:20, 262:16,
272:15, 272:16,
275:14, 275:19
harbor [3] - 151:12,
151:24, 237:10
hard (i4] - 30:10,
37:20, 67:23, 83:6,
83:8, 191:6, 213:8,
227:11, 227:22,
228:24, 229:5,
229:9, 235:23,
267:24
hardest [1] - 325:10
hardly [1] - 158:15
HAREN (1] - 61:25
Haren [5] - 46:11,
61:23, 62:1, 138:13,
138:14
Harlan [1] - 150:22
harmful [3] - 120:23,
196:11, 211:9
harming [1] - 211:22
harmony [1] - 150:4
HAROLD [2] - 212:3,
212:24
Harold [1] - 212:4
hat [1] - 305:2
hate [1] - 174:1
haul [10] - 22:13, 61:3,
132:3, 265:24,
266:1, 266:2, 266:3,
266:4, 266:7, 303:10
Haul [1] - 233:12
hay [3] - 96:18,
101:24, 154:2
hazardous [3] - 195:9,
196:10, 216:12
hazy [2] - 268:20,
269:15
head [3] - 205:16,
278:2, 325:1
head's [2] - 308:18,
310:25
header [i] - 265:12
heading [2] - 222:6,
265:12
headquarters [1] -
287:20
heads [1] - 311:4
Health [8] - 2:23,
17:21, 39:25,
169:20, 207:24,
236:10, 303:24,
327:21
health [29] - 8:2,
10:24, 13:8, 40:14,
124:24, 141:15,
150:14, 169:1,
169:7, 169:24,
172:21, 172:23,
179:18, 196:12,
196:23, 210:12,
211:12, 211:23,
217:4, 231:19,
237:17, 272:8,
278:21, 278:23,
279:1, 279:6,
292:15, 296:17,
310:21
health -based (1] -
150:14
healthiest [1] - 223:1
healthy [3] - 170:11,
170:22, 203:18
hear (32] - 5:2, 6:12,
20:10, 23:5, 46:21,
52:9, 66:2, 78:6,
85:9, 100:23, 104:6,
105:18, 122:10,
124:20, 142:6,
182:19, 190:1,
190:2, 190:3, 194:1,
202:12, 225:18,
226:24, 237:17,
259:16, 289:16,
317:9, 320:6, 324:1,
324:4, 324:5, 331:8
heard [42] - 69:22,
76:13, 78:5, 78:20,
101:18, 105:19,
121:18, 125:5,
132:1, 148:6,
148:11, 157:7,
164:6, 165:18,
167:1, 188:16,
199:14, 200:19,
208:21, 209:23,
210:1, 219:12,
229:21, 235:9,
239:18, 239:21,
241:3, 247:19,
252:2, 256:5,
261:15, 263:18,
263:19, 264:8,
271:17, 274:6,
311:11, 322:17,
323:23, 323:24,
325:19, 326:6
hearing [38] - 2:9,
3:21,3:25,4:1,4:5,
4:8, 4:25, 6:18, 7:6,
7:8, 21:13, 23:20,
44:9, 46:17, 51:8,
53:16, 78:20, 89:21,
96:1, 124:18,
141:20, 162:25,
167:18, 210:9,
Dauster I Murphy
303.522.1604
226:4, 227:7,
243:10, 256:6,
272:1, 272:5, 281:1,
318:5, 318:6,
323:18, 323:21,
324:9, 326:6
hearings [11- 152:2
heart [1] - 170:5
heavier [1] - 195:22
heaviest [2] - 129:23,
140:23
heavily [1] - 62:21
heavy [16] - 3:11, 7:4,
7:14, 68:19, 73:25,
120:12, 120:21,
132:13, 133:19,
140:8, 145:25,
176:24, 177:9,
177:10, 177:20,
202:23
HEAVY [1] - 2:4
heck [3] - 217:17,
217:24, 299:17
hedging [3] - 139:6,
241:8, 241:12
height [2] - 93:12,
307:7
held [5] - 127:14,
135:13, 140:1,
213:15, 245:9
heliports [1] - 132:18
hello [5] - 109:3,
153:5, 162:22,
223:14, 236:4
Hello [1] - 210:3
help [19] - 48:5, 59:23,
85:16, 95:11, 95:17,
140:25, 157:22,
158:15, 201:2,
203:1, 211:1,
212:12, 231:11,
235:15, 247:18,
281:25, 282:14,
284:17, 326:11
helped [41- 91:8,
97:1, 202:8, 202:9
helpful [3] - 124:17,
144:14, 267:8
helps [1] - 10:6
herding [1] - 96:19
hereby [1] - 331:4
hi [3] - 158:24, 213:3,
228:9
Hi [1]-212:3
high [13] - 75:1, 82:22,
83:3, 98:13, 98:21,
182:17, 188:2,
230:12, 235:1,
235:2, 235:4, 237:2,
262:19
High [1] - 56:7
high -quality [1] -
98:21 -
high-speed [1] - 98:13
higher [11] - 28:17,
82:12, 84:1, 84:10,
101:23, 161:21,
179:8, 195:16,
208:18, 230:16,
262:25
highest [3] - 107:5,
224:10, 260:24
highlight (4] - 55:22,
159:13, 159:20,
249:19
highlighted [1] -
244:23
highlighting (11-
267:25
highly [I] - 87:18
highway (12] - 9:13,
27:4, 28:15, 48:19,
49:3, 56:4, 60:1,
64:8, 161:7, 316:11,
316:18, 327:25
Highway (24] - 20:16,
23:13, 24:19, 27:15,
30:12, 56:11, 59:23,
61:6, 64:8, 98:15,
120:25, 139:25,
140:14, 141:2,
151:17, 184:25,
215:13, 246:4,
246:10, 246:15,
253:8, 255:10,
255:11, 317:1
highways [8] - 19:15,
27:11, 63:20, 68:14,
99:10, 99:17,
316:25, 317:1
Hill [q-11:17
hill [1] - 29:21
Hills [1] - 104:24
himself [1] - 274:20
hired [2] - 88:9,
221:20
historic (1] - 155:21
historical [2] - 205:24,
206:14
history [7] - 51:6,
56:21, 126:14,
153:23, 170:12,
171:3, 171:15
hit [a] - 107:16,
228:13, 281:8, 325:1
HOA [3] - 124:7,
164:17, 164:20
hold [7] - 102:20,
Weld County Board of Commissioners
7/22/2020
177:21, 191:22,
224:9, 288:11,
317:7, 326:5
holds [1] - 321:17
holistic [1] - 130:12
holistically [1] - 203:1
Home [2] - 152:4,
152:6
home [27] - 26:10,
26:14, 26:17, 26:18,
160:25, 162:3,
164:17, 166:12,
189:1, 197:13,
197:16, 202:21,
203:13, 203:14,
211:7, 211:10,
211:14, 217:6,
217:7, 218:2, 219:2,
226:19, 227:11,
227:24, 312:11,
312:12, 312:20
home's [i] - 211:2
homebuilding [1] -
187:13
homeowners [1] -
102:13
Homeowners [1] -
51:22
homes [33] - 26:19,
29:25, 72:4, 83:18,
84:7, 84:15, 84:21,
84:25, 85:1, 85:2,
97:2, 97:17, 101:21,
160:1, 160:4, 160:6,
160:7, 160:10,
160:21, 170:8,
182:16, 205:14,
207:4, 222:12,
230:13, 230:16,
231:21, 234:2,
235:11, 235:12,
235:21
honest [2] - 183:3,
186:2
honestly [2] - 142:17,
239:3
honesty [1] - 181:12
honor [3] - 119:6,
321:5, 321:13
honored [1] - 90:18
hoodwink [1] - 130:6
hoodwinking [i] -
273:4
hope [9] - 48:2, 109:3,
124:17, 149:16,
154:11, 183:3,
201:5, 286:5, 286:12
hopefully [8] - 95:10,
95:17, 116:1, 116:3,
233:3, 282:14,
307:18, 307:21
Hopi [io] - 29:11,
163:6, 192:12,
197:10, 203:7,
203:9, 204:7, 210:7,
226:9, 229:19
HOPP [1] - 229:18
Hopp [1]- 229:19
hom [2] - 178:5,
254:18
hospital [4] - 56:10,
213:5, 213:10,
216:16
hospitals [1] - 207:5
host [1] - 132:12
hosted [1] - 226:20
hostility [1] - 181:14
hot [1] - 220:3
hotbed [1] - 62:24
hour [7] - 5:12, 6:2,
124:2, 170:9,
262:20, 263:1,
330:10
hours [4] - 51:18,
86:7, 184:6, 254:1
house [22] - 26:12,
29:12, 188:21,
188:22, 189:10,
189:13, 190:11,
190:25, 191:25,
192:5, 194:9,
202:21, 222:20,
227:10, 227:18,
227:23, 227:25,
228:1, 235:16,
273:7, 288:10
houses [7] - 84:12,
106:15, 159:24,
180:18, 188:16,
188:23, 195:18
housing [5] - 187:14,
187:15, 188:18,
188:20, 201:3
hub [1] - 55:19
huge [6] - 80:20,
121:6, 122:14,
191:13, 230:6,
235:12
human [2] - 215:15,
289:18
humbly [1] - 287:14
humid [1] - 220:4
humidity [1] - 195:22
hundred [1] - 106:21
hundreds [5] - 86:7,
148:15, 158:8,
182:19, 198:23
hunt [1] - 149:13
hurts [1] - 228:2
husband [3] - 171:10,
210:4, 211:6
hybrid [1] - 185:9
hydrological [1] -
271:24
hydroseed [1] -
199:16
hypersensitivity[1] -
170:18
hyphen [1] - 177:9
hypothetical [1] -
168:7
I-1 [ii] - 181:23,
183:21, 232:5,
232:13, 232:18,
232:25, 233:18,
274:4, 276:2, 276:4,
276:13
1-2 [4] - 198:15, 276:6,
276:13, 290:5
1-25 [io] - 56:5, 59:23,
66:12, 66:20, 168:6,
180:16, 202:15,
255:9, 255:11, 282:7
1-3 [58] - 3:11, 7:4,
7:14, 8:15, 8:20,
27:10, 32:11, 45:7,
65:1, 65:3, 72:24,
73:25, 74:9, 74:17,
74:18, 75:7, 75:12,
120:16, 120:21,
121:10, 132:10,
132:11, 132:19,
132:22, 133:17,
135:10, 179:9,
183:20, 193:15,
193:20, 198:8,
198:13, 199:20,
211:25, 213:20,
220:18, 223:12,
232:2, 232:14,
232:16, 232:17,
233:17, 244:13,
244:17, 245:6,
252:4, 276:1,
276:22, 27624,
279:21, 27922,
280:15, 281:6,
298:14, 299:1,
318:10, 327:7, 329:8
1-3s [1[ - 133:16
i.e [3] - 31:19, 33:5,
290:8
17[1]-313:11
ICCTA poi - 8:9, 33:3,
Dauster I Murphy
303.522.1604
36:9, 94:10, 129:7,
129:14, 240:19,
240:22, 306:14,
308:25
Idaho [1] - 170:24
idea [13] - 55:25,
97:22, 98:4, 98:18,
99:13, 100:7, 148:9,
164:7, 177:19,
181:8, 205:15,
230:19, 255:3
ideal [5] - 28:7, 69:24,
111:20, 208:17,
208:22
ideas [2] - 173:25,
320:13
identical [1] - 283:10
identification [2] -
113:19, 254:12
identified [5] - 16:10,
28:3, 64:15, 254:24,
257:13
identify [6] - 20:13,
184:21, 257:10,
282:24, 283:1,
300:23
identifying [1] - 10:3
idly [1] - 105:2
IgA [3] - 37:2, 171:15
III[] -54:14
ill [1] - 150:9
illegal [5] - 126:6,
128:22, 131:17,
146:11, 198:12
illness [2] - 230:2,
238:1
illustrate [1] - 160:2
illustrated [1] - 292:20
illustrates [1] - 196:10
image [2] - 28:14,
267:23
images [1] - 29:3
imagine [4] - 132:19,
169:17, 211:13,
234:21
imbedded [1] - 311:25
immediate [3] - 21:5,
84:15, 140:11
immediately [5] -
21:20, 83:19, 83:25,
84:6, 290:5
impact [22] - 13:11,
23:7, 55:23, 60:12,
61:15, 61:20, 76:24,
134:3, 137:5,
141:11, 150:20,
156:25, 157:6,
178:17, 178:21,
221:6, 221:9,
Page 353
221:11, 221:23,
310:21, 314:21,
322:23
impacted [2] - 12:16,
197:18
impactful [1] - 120:16
impacts [28] - 16:16,
17:23, 47:18, 51:13,
59:17, 60:8, 70:20,
85:17, 124:21,
124:23, 124:24,
135:1, 136:19,
141:15, 144:11,
169:1, 169:24,
172:21, 172:23,
173:2, 179:18,
200:1, 200:4, 208:6,
222:8, 222:11,
245:1, 296:17
Impacts [1] - 169:20
impartial [1] - 206:11
impasse [1] - 28:25
impeding [1] - 125:20
implement [1] -
166:10
implemented [1] -
12:7
implication [1] - 286:8
implications [1] -
174:22
implies [1] - 204:21
importance [7] -
18:19, 52:14,
134:19, 134:20,
223:23, 313:12,
314:16
important [36] - 11:12,
13:14, 47:1, 47:16,
51:2, 61:11, 66:2,
66:15, 79:19, 80:22,
90:25, 100:6, 100:8,
101:5, 122:19,
126:12, 131:25,
133:2, 133:13,
135:17, 136:14,
157:7, 157:24,
160:12, 169:25,
171:16, 197:4,
208:16, 214:6,
216:13, 216:19,
224:6, 252:10,
265:11, 270:13,
309:20
importantly [14] -
10:6, 48:22, 49:6,
61:8, 79:15, 84:19,
92:16, 130:22,
207:14, 248:10,
255:18, 269:7,
Weld County Board of Commissioners
7/22/2020
274:19, 290:16
impose [4] - 76:1,
76:2, 83:1, 272:13
imposed [1] - 75:23
imposes [1] - 82:19
impossible [5] -
165:8, 165:9,
165:22, 165:25,
258:4
impotence [1] -
216:18
impractical [1] - 75:6
impressed [1] -
234:19
impression [1] -
309:15
improvements [19] -
16:25, 39:16, 50:2,
50:18, 50:24, 73:3,
73:4, 75:4, 77:1,
79:1, 80:8, 81:23,
86:4, 86:11, 87:8,
87:25, 94:16,
273:20, 297:7
improves [1] - 60:9
in-house [1] - 288:10
inability [2] - 252:25,
279:5
inaccurate [2] - 78:10,
154:11
inadequate [1] - 200:2
inaudible [3] - 163:1,
163:3, 229:17
incident [1] - 80:24
include [9] - 4:18,
8:19, 56:2, 67:13,
72:13, 77:4, 87:7,
90:2, 208:21
included [11] - 4:20,
5:16, 5:18, 5:21,
51:15, 57:16, 88:1,
88:5, 284:8, 284:19,
329:23
includes [11] - 46:2,
47:18, 51:21, 86:17,
95:1, 95:2, 106:6,
284:12, 284:13,
284:14, 306:17
including [11] - 24:16,
55:10, 56:5, 56:9,
87:8, 105:15, 124:8,
124:12, 204:23,
207:14, 312:23
incompatibilities [5] -
17:17, 162:15,
231:11, 318:14,
318:17
incompatibility [7] -
21:7, 162:11,
165:11, 204:12,
219:11, 243:16,
278:25
incompatible [11] -
19:18, 132:15,
132:23, 135:7,
135:23, 137:13,
150:19, 159:9,
168:11, 204:22,
205:14
inconsistent [2] -
120:23, 120:24
inconvenience [1] -
169:6
incorporated [4] -
20:22, 21:23, 116:6,
147:5
incorrect [1] - 115:10
increase [4] - 97:16,
159:21, 164:10,
207:12
increased [6] - 22:12,
160:9, 171:18,
171:21, 219:2
increases [1] - 237:24
increasing [1] - 84:24
incredible [1] - 250:6
indeed [3] - 55:12,
159:4, 176:5
independent [4] -
8:15, 83:14, 83:15,
205:21
Indianhead [61] -
22:23, 24:3, 24:9,
29:10, 29:15, 30:14,
51:21, 71:25, 72:3,
72:4, 76:14, 76:19,
76:25, 77:3, 77:7,
77:16, 79:12, 83:18,
84:20, 84:25, 85:1,
85:3, 88:6, 91:12,
91:13, 97:3, 124:6,
135:9, 161:5,
161:14, 161:15,
161:22, 162:3,
164:17, 164:20,
172:2, 175:12,
182:16, 189:3,
195:6, 197:11,
203:13, 204:9,
204:14, 204:22,
205:3, 205:8,
205:10, 206:1,
206:6, 213:4, 217:2,
267:15, 269:9,
269:10, 269:24,
270:3, 273:9,
317:15, 318:20
indicated [6] - 15:8,
16:13, 240:11,
249:6, 309:2, 328:3
indicating [1] - 22:12
indication [1] - 161:3
indicator [3] - 146:19,
176:23, 277:10
indirectly [1] - 107:18
individual [7] - 70:9,
70:25, 148:14,
160:1, 184:21,
197:25, 324:4
individuals [3] - 96:6,
270:11, 270:16
indoor [1] - 259:24
indoors [2] - 171:11,
259:25
industrial [159] - 3:12,
7:5, 7:14, 11:9,
13:18, 13:21, 14:20,
14:21, 16:17, 16:20,
16:21, 16:24, 17:3,
17:4, 17:18, 18:2,
18:17, 18:20, 19:5,
19:6, 19:10, 19:14,
19:16, 20:5, 21:25,
22:2, 22:5, 22:8,
23:8, 23:10, 24:4,
24:12, 25:2, 25:9,
25:11, 25:14, 26:3,
27:20, 28:13, 28:17,
33:13, 33:14, 40:6,
47:7, 48:24, 49:2,
49:4, 50:9, 50:10,
50:11, 56:8, 62:13,
62:19, 62:22, 63:12,
66:4, 66:7, 66:8,
66:9, 66:11, 66:18,
66:24, 66:25, 67:10,
69:21, 69:25, 70:20,
71:14, 71:15, 71:19,
72:8, 74:1, 75:2,
78:24, 85:20, 87:14,
105:25, 106:9,
107:6, 120:12,
120:17, 120:22,
129:23, 131:15,
132:10, 132:13,
133:19, 134:2,
135:4, 135:13,
135:15, 135:20,
136:3, 136:7, 136:9,
136:10, 136:11,
136:20, 137:13,
140:9, 140:23,
144:10, 145:25,
147:8, 151:1,
152:12, 152:19,
152:22, 156:6,
164:2, 174:15,
Dauster I Murphy
303.522.1604
176:24, 177:4,
177:8, 177:20,
177:23, 178:1,
178:7, 178:15,
179:2, 179:6, 191:4,
199:1, 202:16,
202:18, 202:23,
204:16, 207:19,
231:15, 232:18,
242:23, 242:24,
246:5, 246:9,
246:24, 246:25,
247:8, 247:23,
248:1, 248:15,
249:8, 254:21,
254:22, 254:23,
258:8, 278:5,
278:16, 313:13,
314:15, 314:20,
316:5, 316:10,
316:13, 316:17,
316:19, 316:24
Industrial [2] - 106:13,
317:20
INDUSTRIAL [1] - 2:5
industries [2] - 63:4,
215:10
Industries [2] - 7:3,
11:4
industry [28] - 25:5,
47:1, 55:12, 157:8,
157:9, 157:11,
177:3, 177:9,
177:10, 178:1,
187:4, 187:12,
187:13, 188:9,
188:11, 206:25,
207:20, 207:22,
216:6, 223:19,
223:23, 228:23,
229:8, 235:17,
248:18, 252:16,
254:7, 287:13
inevitable [1] - 62:15
infections [1] - 171:18
infer [1] - 216:13
infiltrate [1] - 196:12
inflammation [1] -
172:6
inflammatory [4] -
170:4, 218:18,
237:5, 237:6
inflict [1] - 231:14
influence [1] - 206:3
information [12] -
12:11, 17:15, 23:23,
80:11, 89:7, 89:13,
89:15, 118:7,
144:14, 148:12,
Page 354
237:20, 296:7
infrastructure [36] -
14:1, 16:16, 16:19,
16:23, 18:20, 27:11,
48:19, 48:20, 49:3,
59:1, 59:3, 59:21,
60:8, 61:13, 63:14,
63:18, 63:21, 63:23,
64:2, 64:4, 64:7,
64:11, 64:16, 64:21,
65:8, 65:16, 66:12,
68:14, 68:17, 68:18,
71:23, 82:1, 200:25,
247:10, 313:12,
314:17
infringed [1] - 211:21
inhalation [1] - 264:9
inhale [1] - 211:3
inhaled [1] - 170:2
inhaling [2] - 210:23,
211:3
inherent [1] - 280:4
initial [5] - 15:23, 74:5,
78:22, 256:14, 303:6
initiated [2] - 88:16,
88:19
injunction [3] - 52:5,
53:15, 138:3
injury [1] - 196:20
innocent [1] - 265:4
input [15] - 5:14,
12:11, 12:13, 104:3,
123:24, 195:1,
209:18, 213:2,
238:6, 238:7, 238:8,
285:21, 319:4,
320:9, 330:7
inputs [2] - 325:21
inquiry [3] - 15:8,
16:11, 131:18
inside [7] - 112:11,
168:15, 190:4,
257:2, 281:7, 298:9,
311:21
inspect [2] - 215:9,
215:17
install [1] - 90:6
installation [2] - 90:2,
286:9
installed [3] - 25:12,
257:13, 257:20
instances [41- 9:16,
27:22, 328:6, 328:7
instead [7] - 128:13,
151:1, 160:18,
174:10, 182:1,
215:4, 217:14
instruction [1] -
298:18
Weld County Board of Commissioners
7/22/2020
instructs [1] - 311:8
insufficient [1] -
266:18
insulated [1] - 208:10
integrated [2] -
178:13, 252:19
integrity [1] - 188:23
intelligently [1] -
117:21
intend [2] - 50:12,
74:11
intended [12] - 21:2,
50:16, 78:2, 178:13,
230:25, 246:18,
251:17, 251:23,
251:24, 268:18,
271:5, 316:15
intends [1] - 245:19
intense [3] - 120:17,
126:21, 137:6
intensity [1] - 289:11
intensive [1] - 179:9
intent [5] - 50:8,
118:19, 198:18,
270:18, 282:23
intention [1] - 5:10
interaction [2] -
164:11, 305:24
interactions [1] -
86:13
interchanges [1] -
54:15
interest [13] - 4:3, 4:8,
4:13, 16:14, 29:2,
62:9, 85:15, 105:3,
105:5, 105:9,
148:10, 182:13,
287:23
interested [4] - 15:18,
188:10, 317:9,
331:13
interesting [16] -
47:10, 62:11, 154:7,
175:4, 176:3,
176:19, 176:22,
196:19, 215:11,
215:25, 259:15,
279:23, 304:16,
304:18, 311:1,
326:23
interestingly [4] -
174:24, 214:21,
214:23, 215:6
interests [3] - 46:21,
105:9, 197:24
interfere [1] - 99:11
interferes [1] - 191:10
intergovernmental [2]
- 13:22, 20:12
Interlago [1] - 205:1
intermixed [1] - 71:16
internally [1] - 214:16
interpret[1] - 31:10
interpretation [3] -
132:14, 299:21,
299:24
interrupt [1] - 302:16
interspersed [1] -
66:16
Interstate [1] - 8:8
interval [2] - 254:6,
254:25
intervals[1] - 195:16
interviewed [1] -
270:11
interviews [3] -
169:22, 170:16,
270:3
introduce [4] - 54:1,
141:8, 153:1, 163:14
introduced [3] -
243:20, 255:2,
286:25
introduction [1] -
45:10
invalid [2] - 149:9,
179:12
invalidated [6] -
57:25, 58:1, 139:11,
140:11, 143:3,
274:18
inverse [3] - 167:24,
255:3, 255:14
inversion [1] - 268:22
invest[1] - 104:22
invested [1] - 201:15
investigate [2] - 41:4,
268:14
investigation [1] -
210:20
investing [2] - 201:14,
213:11
investment [3] -
80:20, 154:19, 155:5
INVESTMENTS [1] -
2:5
Investments [3] - 3:9,
46:3, 197:22
investments [3] -
63:19, 63:25, 80:2
invite [1] - 261:17
involved [5] - 39:2,
43:23, 68:23,
242:11, 270:23
involvement [1] -
200:7
involves [2] - 207:23,
277:23
Ireland [1] - 124:5
iron [1] - 214:19
ironically [2] - 57:24,
102:1
irrelevant [3] - 6:19,
38:14, 142:17
irrigation [2] - 11:14,
11:25
irritation [1] - 172:8
island [3] - 130:19,
131:15, 204:10
isolate [2] - 166:8,
185:7
isolated [1] - 252:20
isolation [1] - 270:6
issuance [1] - 52:16
issue [45] - 47:8,
47:25, 70:4, 70:17,
71:5, 72:19, 81:17,
82:16, 84:17, 94:7,
94:17, 105:16,
126:15, 128:6,
128:9, 128:24,
133:23, 151:4,
180:6, 185:24,
197:16, 207:19,
210:22, 241:8,
243:5, 250:14,
263:7, 274:3,
278:15, 293:14,
294:3, 297:13,
298:4, 300:13,
300:14, 300:20,
305:23, 306:2,
306:7, 307:16,
325:7, 325:20
issued [1] - 8:13
issues [36] - 44:25,
46:21, 47:10, 58:17,
61:24, 72:17, 73:5,
73:17, 88:3, 101:8,
118:3, 124:21,
124:23, 196:12,
210:12, 227:9,
240:12, 240:16,
241:3, 241:6, 243:8,
243:10, 243:12,
243:13, 249:7,
249:18, 270:4,
271:25, 292:15,
295:12, 295:19,
297:17, 300:18,
312:15
it'd [1] - 41:13
it'll [1] - 232:6
item [1] - 235:12
items [9] - 40:4, 40:16,
40:23, 44:3, 82:9,
93:3, 207:7, 243:15,
301:13
itself [18] - 24:18,
49:9, 51:21, 58:1,
72:12, 90:5, 95:1,
118:22, 168:13,
174:11, 219:2,
240:19, 269:9,
270:8, 281:19,
301:16, 306:15,
314:13
J
Dauster I Murphy
303.522.1604
Jackson [2] - 129:3,
129:11
Jackson's [1] - 181:6
Jacquelyn [1] - 222:16
jagged [1] - 84:4
Jail [1] - 56:9
James [13] - 2:13,
92:25, 111:25,
138:21, 151:16,
247:12, 283:7,
314:10, 319:11,
325:14, 328:22,
329:14, 329:23
JAMES [107] - 30:21,
31:14, 32:9, 32:14,
32:18, 33:1, 33:20,
33:23, 34:2, 34:6,
34:16, 34:20, 36:6,
36:12, 36:14, 36:22,
37:1, 37:12, 38:1,
38:4, 38:9, 38:17,
40:25, 41:7, 41:15,
41:18, 94:3, 95:9,
95:12, 103:21,
103:23, 112:1,
112:18, 112:23,
113:2, 113:9,
113:13, 113:21,
119:3, 119:11,
121:12, 142:16,
144:24, 145:17,
146:1, 146:17,
146:23, 147:1,
275:24, 276:6,
276:8, 276:15,
276:22, 277:6,
277:19, 277:22,
278:19, 279:3,
279:10, 279:12,
279:15, 279:19,
280:3, 280:10,
280:18, 280:25,
281:12, 281:17,
281:24, 282:5,
283:17, 283:23,
284:4, 286:13,
Page 355
286:17, 286:21,
288:24, 289:4,
289:22, 289:25,
291:1, 291:4, 299:2,
299:6, 299:11,
304:14, 307:19,
307:23, 309:24,
310:4, 310:7,
310:12, 310:16,
312:1, 312:4, 313:8,
317:3, 317:6,
317:14, 317:17,
318:9, 318:18,
320:20, 324:22,
324:25, 325:15,
326:4
James's [1] - 45:2
Janet [1] - 231:23
January [2] - 261:2,
269:13
Jason [1] - 107:14
Jess [1] - 2:17
Jim [2] - 124:9, 192:11
Joanne [1] - 213:3
job [6] - 43:20, 43:25,
61:21, 66:21, 125:3,
156:16
jobs m-90:15,
107:17, 107:18,
178:14, 200:24,
201:12, 212:11
John [2] - 124:13,
223:15
Johnson [1] - 43:14
Johnstown [47] -
14:4, 14:5, 14:7,
15:1, 15:3, 15:7,
21:6, 21:9, 21:21,
28:10, 56:6, 62:8,
66:19, 98:16, 109:6,
110:13, 110:21,
111:3, 112:19,
112:22, 114:25,
115:2, 116:10,
116:14, 117:3,
117:4, 119:25,
120:2, 121:2,
150:19, 153:7,
163:7, 177:24,
177:25, 178:11,
178:12, 178:20,
217:2, 219:8,
246:12, 247:25,
278:2, 320:25,
321:5, 321:12, 325:6
Johnstown's [8] -
39:1, 112:24, 113:3,
120:8, 120:13,
178:9, 320:23, 321:1
Weld County Board of Commissioners
7/22/2020
Johnstown -specific
[1] - 116:14
joint [3] - 112:9,
115:17, 115:20
jointly [3] - 116:13,
118:2, 118:10
joke [1] - 314:2
judge [3] - 143:16,
143:25, 308:24
Judge [31- 129:3,
129:11, 181:6
judgment [3] - 7:22,
8:12, 244:6
judgments [3] - 67:9,
67:16, 278:16
judicial [2] - 125:10,
142:4
JULY [1] - 1:5
July [6] - 2:9, 12:3,
20:25, 207:6,
218:12, 250:7
jump [1] - 77:21
jumps [1] - 303:7
June [151- 3:22,
21:13, 28:23, 53:3,
109:14, 153:14,
167:2, 167:3, 194:5,
249:20, 250:7,
251:1, 268:24, 303:8
junkyards 0] - 202:18
jure [2] - 33:24, 277:20
jurisdiction [5] -
94:25, 110:14,
220:15, 241:1,
307:11
jurisdictions [7] -
21:5, 25:3, 67:8,
67:16, 67:23,
117:14, 117:16
justify [2] - 131:1,
179:11
K
Kansas [1] - 104:23
keep [15] - 6:2, 53:15,
77:10, 101:9,
104:12, 121:19,
164:8, 181:8,
214:15, 227:7,
230:25, 231:5,
239:17, 283:11,
317:22
keeping [1] - 243:1
keeps [1] - 122:2
Keith [1] - 225:2
kept [2] - 100:20,
181:14
Kevin [21- 2:15, 299:3
key [3] - 55:3, 149:20,
255:15
keyword [1] - 46:16
kicker [1] - 162:6
kicks [1] - 231:4
kid [1] - 227:12
kids [2] - 224:17,
226:21
Kim [1] - 117:2
kind [39] - 4:24, 41:14,
67:23, 96:4, 105:2,
148:10, 148:16,
155:12, 156:22,
157:19, 157:20,
159:23, 167:24,
172:14, 176:23,
193:3, 217:9, 218:5,
220:6, 228:13,
236:9, 238:1, 239:8,
240:6, 240:14,
249:1, 259:11,
259:15, 259:22,
260:1, 260:6,
269:16, 272:17,
277:24, 287:3,
301:9, 311:3,
314:21, 317:4
kindly [2] - 145:1,
145:18
King [2] - 2:22, 39:8
KING [1] - 39:8
Kirkmeyer[3] - 2:14,
3:5, 123:14
KISKER[1o] - 148:2,
158:24, 173:17,
173:22, 173:24,
174:5, 174:7, 183:6,
183:10, 183:18
kisker[1] - 258:5
Kisker[13] - 123:20,
124:8, 141:9,
141:12, 141:15,
148:2, 158:25,
245:25, 252:23,
257:23, 274:2,
274:12, 274:20
kitchen [1] - 189:18
knock [2] - 288:9,
302:21
Knot [2] - 249:3,
249:10
knowledge [5] - 25:1,
115:11, 242:3,
298:2, 298:3
known [7] - 14:13,
22:23, 39:13, 39:17,
92:11, 172:20, 205:3
knows [4] - 46:18,
214:24, 312:23,
313:15
Kodak [11- 106:12
Kuhner [1] - 219:18
L
LACIS [11] - 124:3,
141:24, 143:1,
144:12, 145:2,
145:20, 146:4,
146:21, 146:25,
147:12, 147:25
lacis [1] - 141:25
Lacis [10] - 124:5,
141:24, 240:10,
241:7, 241:21,
242:8, 242:20,
277:8, 305:4, 311:18
lack [3] - 80:11,
190:16, 198:9
Lafarge [1] - 97:21
laid [5] - 38:5, 38:11,
38:12, 300:4, 323:16
lake [1] - 250:17
land [1131- 7:24, 8:10,
10:2, 10:15, 11:8,
12:5, 12:11, 12:23,
12:25, 13:2, 13:5,
13:6, 13:10, 17:23,
19:24, 20:1, 21:9,
21:20, 21:23, 24:1,
24:3, 24:6, 24:23,
31:3, 33:2, 33:4,
33:5, 33:6, 33:24,
39:1, 39:2, 46:19,
47:25, 58:16, 59:1,
61:23, 63:6, 63:23,
65:20, 65:22, 67:11,
67:19, 69:14, 70:5,
70:10, 70:20, 71:9,
71:12, 72:1, 72:14,
74:3, 74:4, 86:6,
92:18, 92:21, 93:2,
93:4, 93:5, 101:17,
101:18, 101:21,
102:17, 107:4,
110:4, 112:5,
113:17, 113:19,
118:16, 120:4,
120:11, 124:25,
128:4, 130:13,
131:24, 134:23,
136:6, 138:11,
138:12, 138:19,
138:25, 141:16,
143:15, 145:14,
146:2, 146:3, 150:6,
154:7, 154:8,
154:12, 154:14,
Dauster I Murphy
303.522.1604
159:5, 162:19,
175:1, 175:3,
175:14, 176:2,
206:3, 211:21,
211:25, 246:19,
248:11, 255:17,
290:7, 290:11,
292:17, 309:23,
325:17, 327:13
Land [1] - 24:20
landowner [5] - 46:2,
95:21, 95:23, 96:7,
96:11
landowner's [1] -
112:19
landowners [4] -
51:23, 102:5, 128:8,
130:11
lands [5] - 22:1, 71:15,
134:21, 153:24,
247:15
landscape [3] - 18:11,
88:7, 88:10
landscaping [18] -
24:16, 28:11, 37:22,
51:16, 76:6, 87:2,
88:5, 88:9, 88:18,
91:12, 91:17,
155:12, 155:13,
156:7, 251:21,
251:22, 291:19,
303:10
lane [1] - 64:8
Lane [1] - 107:14
language [5] - 32:6,
32:7, 119:5, 119:10,
284:8
large 09] - 21:11,
49:4, 54:18, 59:13,
59:25, 64:10, 74:15,
74:18, 96:6, 97:18,
100:9, 102:13,
134:20, 160:6,
197:20, 221:11,
237:11, 259:23,
259:24
large -lot [1] - 21:11
largely [2] - 87:3,
272:1
larger [3] - 146:18,
277:9, 277:10
largest [1] - 187:11
Larimer [2] - 202:1,
246:16
Larry [11- 176:18
Las [2] - 190:23
Lasky [11- 141:23
last [18] - 29:15,
62:25, 85:4, 113:4,
Page
113:5, 133:23,
157:25, 179:25,
188:16, 188:24,
189:9, 199:17,
222:22, 227:21,
236:20, 248:23,
289:6, 296:6
LAST [2] - 212:3,
212:24
last-minute [1] -
199:17
lastly [4] - 139:4,
193:25, 200:10,
231:13
lasts [1] - 176:7
late [1] - 71:24
latest [11- 261:7
laughter [1] - 262:12
Lauren [8] - 2:24,
32:17, 39:23, 39:24,
41:2, 41:22, 281:18,
282:20
Lauren's [11- 282:19
law [34] - 7:22, 43:14,
49:18, 53:4, 57:9,
57:19, 58:13, 92:10,
124:5, 128:23,
130:10, 130:18,
134:7, 139:19,
143:10, 143:11,
143:13, 165:12,
167:23, 167:24,
206:8, 241:24,
254:16, 255:3,
255:14, 260:8,
290:2, 290:11,
290:18, 297:15,
305:11, 305:12,
306:8, 308:22
lawful [3] - 125:20,
143:6, 305:6
lawfully [1] - 309:5
lawsuit [8] - 4:5, 94:7,
94:18, 142:25,
148:14, 181:4,
181:16, 182:12
lawyer[2] - 125:3,
238:22
lawyers [2] - 197:23,
200:10
lay [4] - 4:25, 299:9,
299:11, 299:12
layout [1] - 72:15
leach [11- 272:10
lead [1] - 170:4
leader [1] - 207:22
leading [1] - 116:19
leads [1] - 53:25
leaning [1] - 324:10
356
Weld County Board of Commissioners
7/22/2020
learned [4] - 152:3,
213:23, 215:6,
322:20
least [a] - 8:5, 42:20,
90:19, 149:17,
232:6, 232:12,
236:16, 310:24
leave [9] - 40:10,
49:15, 56:16, 74:10,
139:16, 162:20,
179:6, 216:21,
236:23
leaving [3] - 76:22,
82:21, 219:21
LECERF [24] - 109:2,
110:23, 110:25,
111:4, 111:15,
111:18, 111:23,
112:8, 112:21,
113:1, 113:5,
113:12, 113:16,
113:23, 114:7,
114:12, 114:16,
115:4, 115:7,
115:11, 115:20,
115:24, 116:16,
116:24
LeCerf ]7] - 109:5,
110:19, 112:2,
112:4, 114:6,
115:15, 118:11
left [8] - 81:11, 155:17,
155:18, 156:11,
231:3, 240:19,
259:4, 273:24
left-hand [1] - 81:11
legal [17] - 4:12,
46:13, 52:5, 57:13,
89:5, 132:8, 140:10,
143:3, 143:19,
143:23, 167:13,
181:9, 198:5, 198:6,
240:9, 240:16, 241:6
legality [1] - 131:12
legally [1] - 308:15
legislation [1] - 17:6
legislative [1] - 146:7
length [1] - 202:15
lengthy [2] - 51:7,
276:19
lens [3] - 86:11, 251:2,
251:7
lenses [1] - 268:18
less [16] - 84:5, 84:7,
84:8, 102:3, 153:9,
160:6, 167:19,
170:1, 172:17,
187:20, 187:21,
187:24, 316:18
lessee [1] - 46:6
lesson [1] - 71:21
lessons [1] - 71:10
letter [a] - 15:19,
44:24, 70:4, 90:19,
109:13, 127:6,
138:4, 207:6
letters [6] - 18:24,
20:8, 23:9, 61:16,
149:1, 167:16
letting [1] - 107:10
level (24] - 16:24,
28:15, 40:6, 72:21,
134:10, 164:9,
166:14, 166:19,
178:2, 190:19,
195:18, 224:9,
253:16, 253:17,
256:21, 257:4,
258:8, 258:9,
259:21, 260:3,
260:4, 288:15,
312:17
levels [8] - 82:12,
258:6, 259:16,
269:7, 283:4,
285:13, 285:15,
286:10
liberty [1] - 274:9
licensed [2] - 49:17,
54:14
licenses [1] - 93:7
lied [1] - 310:4
life [10] - 23:8, 96:14,
121:5, 170:14,
170:18, 212:5,
218:14, 223:22,
234:6, 234:9
lifelong [1] - 233:24
lifetime [1] - 187:3
Light [3] - 2:24, 39:24,
178:15
LIGHT [12] - 39:24,
41:6, 41:12, 41:17,
42:1, 42:3, 42:7,
280:7, 280:17,
280:20, 281:10,
281:15
light [8] - 24:23,
61:12, 152:12,
164:2, 178:1,
178:12, 232:18,
282:14
lighter [1] - 27:20
LIGHTFIELD [3] -
225:1, 225:15,
225:17
Lightfield [2] - 225:2
lights [1] - 86:21
likely [10] - 20:22,
24:9, 49:10, 76:23,
76:24, 162:9, 169:6,
172:23, 204:14,
254:1
likewise [1] - 165:23
limbo [1] - 143:15
limit [9] - 5:12, 90:7,
166:14, 167:13,
171:24, 256:22,
257:25, 279:25
limitation [5] - 34:8,
135:25, 160:12,
230:11, 294:4
limitations [16] -
58:11, 58:12, 58:14,
73:10, 75:10, 75:13,
93:12, 134:2,
160:17, 245:22,
247:18, 284:10,
293:16, 307:8,
307:10
limited [14] - 20:15,
74:2, 74:3, 74:5,
75:22, 177:9,
177:23, 198:5,
213:21, 230:9,
246:5, 278:4,
293:23, 294:14
limiting [2] - 32:7,
211:9
limits [13] - 14:23,
51:18, 75:25, 76:1,
79:20, 87:7, 116:6,
135:16, 163:18,
164:24, 294:20,
295:8, 295:10
Line [1] - 118:23
line [25] - 27:16,
29:24, 30:3, 30:12,
84:3, 84:4, 84:5,
84:8, 105:15,
106:14, 106:20,
107:7, 143:9, 150:8,
162:18, 165:18,
189:4, 219:21,
256:25, 280:19,
280:23, 280:24,
281:9, 307:25,
311:19
lines [14] - 14:11,
19:10, 19:15, 21:17,
22:2, 23:14, 27:17,
27:19, 27:21, 64:10,
69:22, 106:8, 128:2,
179:19
linked [3] - 93:16,
170:6, 171:17
Lisa [2] - 192:12,
Dauster'IMurphy
303.522.1604
203:6
list [9] - 123:17,
123:20, 123:22,
244:3, 244:13,
244:16, 261:11,
271:15, 300:8
listed [6] - 4:5, 9:2,
13:18, 14:14, 75:12,
300:10
listen [7] - 121:3,
121:20, 184:19,
194:23, 213:8,
323:11, 323:19
listening [2] - 4:9,
323:11
literally [4] - 98:21
106:14, 118:23,
286:24
litigation [18] - 50:19,
51:3, 53:20, 53:21,
53:22, 57:7, 57:20,
88:17, 88:19, 88:21,
88:24, 102:4, 142:3,
142:7, 142:11,
142:20, 292:7,
312:24
live [24] - 50:5, 53:10,
122:6, 124:7,
140:13, 158:25,
188:2, 192:12,
197:10, 204:6,
211:10, 213:4,
217:1, 222:10,
222:16, 222:19,
226:16, 227:18,
229:19, 231:25,
233:22, 235:1, 235:4
lived [13] - 96:13,
155:23, 173:13,
180:13, 189:9,
189:12, 190:24,
192:1, 203:23,
204:2, 222:18,
227:20, 234:18
lives [1] - 203:9
living [7] - 132:20,
155:24, 173:12,
189:24, 192:2,
212:4, 319:7
LLC [7] - 2:5, 2:6, 3:9,
3:10, 7:3, 7:23,
43:17
load [2] - 59:2, 196:2
loaded [2] - 231:3,
285:4
loaders [2] - 230:6,
284:12
loading [7] - 24:24,
40:11, 59:12, 90:10,
Page 357
96:19, 266:16,
284:25
local [23] - 17:5, 17:9,
36:10, 36:20, 49:20,
55:4, 60:8, 61:10,
61:13, 61:21, 90:25,
92:21, 97:9, 110:8,
110:11, 111:13,
111:19, 120:5,
122:22, 157:23,
158:10, 164:16,
175:6
locally [3] - 49:23,
57:11, 207:15
locate [2] - 71:19,
108:15
located [24] - 3:18,
14:3, 14:8, 14:24,
15:6, 16:7, 27:10,
28:7, 69:21, 73:4,
75:19, 82:15,
120:11, 124:11,
144:10, 187:18,
197:16, 199:1,
201:9, 225:11,
228:15, 235:13,
244:7, 269:20
locating [2] - 47:7,
60:11
location [19] - 13:2,
13:20, 21:19, 28:6,
68:18, 99:21, 153:8,
155:21, 207:9,
208:17, 208:22,
228:22, 232:11,
252:15, 267:3,
282:22, 283:6
locations [3] - 23:11,
39:12, 85:2
Locations [1] - 283:5
locomotive [1] -
254:18
lodges [1] - 237:5
logical [1] - 22:7
logistics [1] - 54:17
long-range [2] - 63:7,
120:24
long-term [2] - 13:17,
112:13
Longmont [2] - 282:8,
287:21
longstanding [2] -
205:25, 231:17
look [65] - 9:20, 24:17,
31:12, 32:6, 52:12,
59:5, 73:24, 78:18,
108:1, 110:8,
112:14, 119:10,
122:23, 130:13,
Weld County Board of Commissioners
7/22/2020
130:22, 142:5,
145:21, 145:22,
146:14, 149:17,
154:24, 156:23,
164:16, 175:8,
175:15, 177:22,
184:18, 185:1,
188:12, 202:13,
202:16, 228:19,
243:21, 249:10,
250:15, 251:24,
253:22, 257:10,
267:14, 267:16,
275:6, 279:9,
281:15, 282:21,
293:10, 293:13,
303:11, 304:24,
305:15, 306:14,
310:22, 310:23,
311:9, 312:8,
314:12, 315:13,
315:23, 316:2,
318:12, 321:24,
321:25, 322:5, 322:6
looked [11] - 39:1,
107:21, 147:20,
155:10, 184:13,
215:2, 230:21,
249:3, 281:12, 320:8
looking [21] - 29:10,
29:17, 30:7, 30:14,
68:11, 89:1, 118:16,
137:24, 148:5,
157:4, 196:1,
213:22, 240:16,
245:11, 248:23,
249:1, 305:23,
311:20, 312:16,
314:21, 317:25
looks (10] - 67:3,
155:11, 177:2,
215:15, 267:17,
268:2, 269:3,
269:24, 301:7, 320:4
loop [5] - 35:9,
126:24, 127:19,
129:9, 310:10
loose [1] - 33:16
loosely [1] - 176:5
Lord [2] - 312:23,
313:15
Los [1] - 287:20
lose [1] - 80:16
loss [2] - 162:3, 162:4
losses [3] - 162:6,
162:9, 162:12
lost [3] - 102:8,
129:18, 230:2
loud [5] - 78:11,
194:17, 194:18,
254:24, 281:21
louder [2] - 256:23,
257:6
loudest [1] - 79:8
love [2] - 184:2,
227:15
loved [4] - 189:14,
224:1, 224:2, 226:13
Loveland [8] - 22:6,
28:10, 35:13, 96:13,
98:14, 222:17,
225:10, 231:24
lovely [1] - 156:20
loves [1] - 171:7
low [1] - 178:2
low-level [1] - 178:2
lower [4] - 152:22,
235:15, 260:4,
304:21
lowest [1] - 259:19
LUAM [1] - 42:17
ludicrous [1] - 213:18
lumbar[1] - 132:17
lunch [3] - 6:1, 6:2,
325:11
lunchtime [1] - 298:3
lung [3] - 170:6,
196:20
lungs [3] - 170:3,
171:17, 237:5
lying [1] - 211:4
M
Mad [3] - 161:6,
161:13, 161:21
mag [1] - 302:18
magically [1] - 220:13
magnify [1] - 268:18
maintain [4] - 36:14,
36:16, 150:4, 165:25
maintained [2] -
37:23, 89:3
maintaining [3] - 70:7,
134:20, 140:17
maintenance [2] -
39:16, 88:2
major [16] - 14:11,
19:11, 19:15, 48:19,
63:19, 64:8, 64:9,
64:16, 66:12, 99:10,
172:5, 210:14,
210:22, 263:3,
316:24
majority [3] - 207:3,
207:5, 219:14
malfunction [2] -
151:21, 151:23
malfunctions [1] -
151:12
manage [1] - 149:17
management [15] -
13:23, 14:4, 16:6,
20:20, 44:24, 110:7,
112:9, 112:12,
112:17, 113:4,
116:6, 208:4, 321:14
manager [3] - 89:13,
109:5, 184:11
manager's [1] - 89:14
managing [1] - 43:25
mandate [1] - 299:14
mandated [1] - 270:17
manner [4] - 124:16,
147:20, 290:20,
314:22
manually [1] - 185:3
manufacturing [1] -
143:20
map [43] - 14:15, 36:2,
39:14, 62:5, 65:20,
65:22, 66:10, 66:14,
67:17, 68:1, 71:8,
71:15, 71:20, 78:12,
79:3, 79:5, 113:15,
137:12, 137:18,
138:12, 138:15,
138:16, 138:19,
138:25, 145:22,
146:2, 146:3,
148:20, 148:23,
154:5, 154:9,
174:18, 174:19,
174:24, 175:5,
180:24, 180:25,
191:24, 246:2,
246:18, 246:19,
256:13, 311:21
maps [1] - 259:10
March [1] - 15:8
marching [1] - 311:3
margin [1] - 270:19
Marietta [91] - 25:17,
50:15, 50:16, 51:8,
51:24, 52:2, 52:6,
52:8, 52:10, 52:24,
53:8, 53:19, 53:22,
54:11, 54:23, 54:24,
55:16, 57:1, 58:3,
85:6, 88:8, 88:18,
97:21, 98:18, 100:8,
100:14, 101:6,
102:11, 126:17,
126:22, 127:3,
127:6, 127:24,
127:25, 128:11,
128:14, 129:18,
Dauster'IMurphy
303.522.1604
130:6, 132:3, 132:5,
138:4, 138:16,
139:15, 139:24,
140:2, 140:5,
142:21, 152:2,
154:12, 160:15,
174:18, 180:25,
185:19, 187:17,
188:10, 190:9,
192:16, 193:8,
193:11, 195:7,
196:2, 196:3, 197:4,
197:18, 197:20,
197:22, 199:12,
199:13, 200:9,
203:16, 203:25,
204:24, 212:6,
212:19, 215:12,
220:7, 220:12,
220:13, 221:4,
221:20, 224:11,
231:25, 232:1,
232:3, 232:15,
233:15, 234:8,
234:11, 235:25,
270:23, 311:15
Marietta's [9] - 55:4,
55:11, 57:7, 80:4,
86:13, 88:11,
127:15, 140:25,
181:2
Marietta/Rock [1] -
177:21
mark [1] - 192:13
Mark [3] - 124:4,
148:20, 180:6
market [1e] - 55:5,
61:21, 83:9, 84:16,
98:1, 99:9, 99:22,
159:5, 159:8,
159:23, 159:24,
160:24, 221:16,
221:17, 311:5,
311:6, 311:10,
311:11
marketing [3] -
250:16, 250:18,
250:21
married [2] - 248:23,
248:24
Martin [102] - 25:16,
50:15, 50:16, 51:8,
51:23, 52:2, 52:6,
52:7, 52:9, 52:23,
53:8, 53:19, 53:22,
54:11, 54:23, 54:24,
55:3, 55:11, 55:16,
57:1, 58:3, 58:12,
80:4, 85:6, 86:13,
Page 358
88:8, 88:11, 88:17,
97:21, 98:18, 100:7,
100:14, 101:5,
102:11, 126:17,
126:22, 127:3,
127:6, 127:14,
127:24, 127:25,
128:11, 128:14,
129:17, 130:5,
132:3, 132:5,
136:20, 138:4,
138:16, 139:15,
139:24, 140:1,
140:4, 140:25,
142:20, 152:2,
154:11, 160:15,
174:18, 177:20,
180:24, 181:2,
185:19, 187:17,
188:10, 190:9,
192:16, 193:7,
193:11, 195:7,
196:2, 196:3, 197:3,
197:18, 197:20,
197:22, 199:11,
199:13, 200:9,
203:16, 203:25,
204:24, 212:6,
212:19, 215:12,
220:7, 220:12,
220:13, 221:4,
221:20, 224:11,
231:25, 232:1,
232:3, 232:15,
233:15, 234:7,
234:11, 235:24,
270:23, 311:15
martin [1] - 57:7
marvel [1] - 190:14
masks [1] - 297:21
massive [1] - 235:19
master[4] - 106:7,
106:18, 177:6,
177:16
masters [1] - 288:12
master -planned [2] -
106:7, 106:18
Material [2] - 265:14,
266:12
material [23] - 55:10,
58:22, 58:25, 59:7,
59:24, 60:15, 61:4,
93:25, 95:6, 99:6,
115:5, 115:8,
130:24, 131:3,
149:16, 201:23,
224:3, 224:4,
234:11, 258:18,
266:7, 266:16,
Weld County Board of Commissioners
7/22/2020
301:17
materials [19] - 44:7,
55:1, 56:1, 59:19,
61:2, 61:19, 97:8,
182:24, 187:20,
207:16, 221:12,
221:15, 224:5,
224:7, 228:17,
228:21, 229:9,
266:15
Materials [1] - 197:23
mathematical [1] -
164:7
mathematically [1] -
289:7
Matt [2] - 109:5, 112:2
matter [25] - 11:7,
74:6, 97:2, 109:7,
125:2, 125:9, 127:8,
144:22, 147:9,
151:20, 169:2,
169:24, 170:1,
172:22, 178:25,
181:20, 188:4,
190:22, 194:19,
237:4, 238:2,
292:18, 293:11,
294:6, 295:13
Matter [1] - 169:21
matters [3] - 46:19,
288:11, 289:15
maximum [3] - 32:10,
281:5, 285:12
mayor [1] - 319:10
maze [1] - 176:6
McDonald [1] - 96:17
McHugh [1] - 96:18
mean [54] - 31:11,
33:3, 33:16, 64:18,
122:5, 122:8,
122:21, 142:9,
142:18, 145:20,
149:8, 150:1, 150:3,
157:2, 180:19,
183:24, 184:9,
185:1, 212:14,
212:16, 212:18,
216:18, 228:25,
229:10, 239:17,
255:10, 256:23,
258:2, 263:25,
264:10, 276:25,
277:13, 279:1,
284:1, 290:14,
292:5, 294:18,
295:15, 296:11,
296:24, 297:9,
298:17, 300:19,
300:23, 305:19,
308:19, 309:8,
309:14, 310:5,
312:13, 313:25,
317:13, 317:16,
324:3
meaning [2] - 57:18,
94:19
meaningful [2] -
159:4, 162:16
meaningless [1] -
163:11
means [10] - 50:21,
59:6, 67:8, 149:8,
152:21, 184:5,
184:6, 184:9, 246:8,
249:14
meant [2] - 108:2,
115:19
measure [14] - 83:8,
83:10, 253:3, 254:7,
256:8, 256:10,
262:18, 262:20,
266:14, 280:23,
289:12, 289:13,
295:21, 298:14
measured [5] -
185:14, 195:15,
254:5, 270:1, 295:24
measurement[8] -
252:19, 252:23,
255:1, 283:6, 286:4,
288:2, 295:5, 296:8
measurements [7] -
44:19, 78:8, 78:15,
262:14, 269:1,
285:23, 296:5
measures [34] - 11:24,
25:11, 34:12, 71:17,
76:9, 76:12, 86:15,
87:14, 89:4, 89:24,
90:1, 90:21, 91:1,
137:19, 137:20,
251:13, 257:22,
261:13, 261:14,
261:21, 262:1,
265:15, 267:4,
271:14, 271:16,
271:21, 273:12,
286:9, 296:21,
297:1, 297:4, 298:8,
300:17, 300:23
measuring [11] -
166:2, 166:4, 255:4,
256:11, 292:24,
293:2, 293:3,
293:18, 293:20,
293:22, 296:1
meat [2] - 132:18,
245:11
mechanical [1] -
288:12
median [8] - 84:3,
84:5, 84:10, 84:12,
159:21, 159:22,
160:4, 160:8
mediation [4] - 181:7,
181:8, 181:11,
274:11
medical [2] - 213:12,
213:16
medication [1] - 211:1
medications [2] -
171:7, 217:12
medicine [1] - 169:23
meet [24] - 9:14, 17:4,
19:5, 23:11, 27:6,
52:24, 88:3, 128:1,
135:25, 137:17,
164:13, 164:14,
164:24, 266:18,
271:3, 276:18,
278:6, 280:6,
281:13, 311:10,
315:16, 326:23,
327:1, 328:1
meeting [3] - 28:23,
168:4, 330:9
meetings [5] - 88:15,
88:22, 181:15,
181:17, 181:21
meets [3] - 13:15,
229:11, 308:2
Melanie [1] - 204:6
Melissa [2] - 2:22,
39:8
member[7] - 29:1,
102:10, 187:3,
261:18, 301:23,
320:22, 320:25
members [9] - 70:25,
78:8, 88:12, 119:20,
169:8, 189:2,
206:22, 274:21,
301:25
memos [1] - 194:10
mention [1] - 23:12
mentioned [17] - 23:3,
34:25, 36:1, 70:12,
115:2, 155:14,
167:15, 256:4,
265:4, 273:23,
291:18, 293:25,
307:13, 314:20,
322:21, 323:3,
328:23
mere [1] - 131:2
merely [2] - 130:16,
242:13
Dauster I Murphy
303.522.1604
meridian [1] - 3:17
merit (2] - 53:17,
129:5
met [13] - 12:23,
28:21, 92:15,
127:24, 173:5,
179:1, 197:2, 220:9,
271:7, 326:21,
327:8, 327:22, 328:3
meters [2] - 252:14,
252:16
methodology [1] -
252:14
methods [1] - 184:21
metric [1] - 152:3
metrics [1 ] - 252:19
Metropolitan [1] -
23:25
Mexico [1] - 190:23
MEYER [a] - 117:2,
117:25, 118:9,
118:12, 118:18,
119:9, 119:13,
119:15
Meyer[4] - 17:13,
33:9, 117:2, 119:5
Michael [1] - 228:10
micrometer [1] - 295:2
microns [2] - 170:2,
196:11
microphone [1] -
262:22
middle [9] - 63:13,
122:15, 152:13,
156:1, 156:4, 160:5,
237:21, 285:18
middle-of-the-road
[1] - 285:18
Midpoint [1] - 225:3
Midstream [1] - 151:9
might [27] - 4:2, 29:14,
45:23, 46:17, 72:13,
83:9, 85:17, 85:22,
85:23, 87:16, 87:21,
93:4, 94:23, 95:4,
102:8, 161:4,
166:19, 167:25,
188:10, 191:12,
249:17, 262:17,
267:16, 300:25,
311:24, 312:4,
312:12
Mike [2] - 2:11, 291:6
mile [13] - 14:16,
14:25, 16:2, 20:16,
21:18, 22:4, 22:10,
27:14, 29:5, 91:21,
196:5, 251:16
miles [3] - 228:19,
Page 359
262:20, 263:1
military [1] - 96:15
millennial [1] - 222:15
Milliken [10] - 14:7,
16:5, 16:12, 22:11,
22:16, 35:14, 39:1,
98:16, 161:7, 199:2
million [10] - 84:14,
86:3, 106:15,
128:15, 201:14,
213:11, 273:18,
273:19, 291:15
millions [1] - 234:12
mind [12] - 98:10,
116:22, 142:2,
164:8, 191:23,
276:11, 277:9,
283:11, 296:22,
304:23, 308:14,
321:16
minds [1] - 318:3
mine [3] - 60:18,
100:1, 228:1
mined [1] - 59:7
mineral [2] - 328:11,
328:13
minerals [1] - 28:1
minimal [1] - 214:14
minimize [4] - 17:17,
208:6, 318:15,
318:16
Minimizing [1] -
317:21
minimum [1] - 285:11
minor [1] - 118:24
minority [1] - 85:12
minute ]7] - 154:16,
157:5, 199:17,
209:12, 255:21,
305:12, 315:10
MINUTES [1] - 1:3
minutes [23] - 5:5, 6:6,
40:13, 46:9, 81:2,
85:4, 86:9, 104:7,
104:13, 122:11,
153:9, 156:3,
173:19, 174:4,
185:13, 191:14,
194:13, 199:22,
215:22, 238:12,
239:11, 240:4, 265:6
miraculously (1] -
226:14
mired [1] - 53:20
mirrors [1] - 220:7
misery [1] - 217:15
misleading [1] - 78:10
misreading (1] - 136:4
misrepresented [1] -
Weld County Board of Commissioners
7/22/2020
241:23
missed [2] - 169:17,
183:16
mission [1] - 155:19
Mississippi [1] -
104:23
misspoke [1] - 310:7
mistake [1] - 197:19
mistakes [1] - 140:25
misunderstood [1] -
301:8
mitigants [2] - 106:1,
106:25
mitigate [26] - 17:22,
24:13, 47:18, 79:2,
85:16, 86:8, 87:12,
90:3, 101:1, 101:8,
140:19, 200:1,
204:18, 219:23,
230:19, 232:6,
234:23, 234:25,
257:11, 257:15,
258:4, 275:2,
279:11, 279:12,
302:13, 310:21
mitigated [9] - 70:21,
186:17, 186:19,
200:6, 211:17,
279:16, 279:18,
313:2, 313:5
mitigating [3] - 51:13,
281:4, 323:8
mitigation [58] -
11:24, 17:24, 18:14,
24:15, 28:16, 67:21,
71:17, 72:17, 76:9,
76:12, 80:2, 81:8,
86:15, 87:6, 87:9,
87:10, 87:14, 89:4,
90:21, 91:1, 137:19,
148:24, 149:1,
149:6, 149:11,
151:5, 158:12,
179:24, 180:4,
188:8, 251:13,
257:21, 259:12,
273:23, 275:13,
277:5, 279:9, 286:9,
257:16, 288:3,
291:15, 296:18,
296:20, 296:25,
297:7, 298:8,
299:18, 299:19,
300:13, 300:17,
301:9, 301:14,
301:24, 301:25,
302:3, 302:5,
312:19, 318:16
mitigative [1] - 34:12
mix [6] - 22:2, 58:22,
59:2, 71:9, 247:6,
309:11
mixed [12] - 21:22,
21:25, 62:13, 62:18,
62:20, 62:21, 66:9,
66:18, 66:21,
145:24, 178:9,
246:11
mixing [12] - 48:22,
50:1, 58:7, 59:8,
59:14, 61:4, 74:12,
93:22, 94:19, 94:23,
245:21, 260:11
MMM [1] - 226:14
model [6] - 24:2,
167:24, 168:7,
201:24, 282:12,
283:18, 283:25,
285:9
modeled [1 ] - 283:17
modeling [5] - 44:18,
282:15, 285:22,
286:3, 286:7
models [1] - 160:23
Modern [1] - 270:13
modifications [1] -
89:19
moisture [1] - 266:17
moment [3] - 111:13,
115:15, 313:9
momentarily [2] -
52:9, 247:20
momentary [1] - 254:4
Monday [1] - 44:3
monetized [1] -
100:12
money [5] - 84:24,
102:3, 157:14,
182:18, 193:6
monitor [5] - 184:12,
214:19, 216:17,
216:19, 300:16
monitoring [13] -
41:10, 82:18, 83:2,
166:7, 184:10,
184:11, 213:25,
214:15, 214:18,
272:15, 299:19,
299:20, 300:14
monitors [1] - 214:20
month [12] - 125:6,
128:24, 134:6,
172:7, 193:21,
203:23, 218:17,
218:19, 218:23,
222:25, 260:22,
260:25
months [4] - 12:9,
170:12, 217:6,
260:23
morbidity [1] - 237:24
MORENO (42] - 3:24,
34:22, 35:5, 35:19,
41:21, 42:2, 42:5,
42:9, 77:9, 77:12,
77:19, 91:5, 91:7,
91:15, 91:25,
102:21, 103:7,
103:15, 114:4,
114:8, 114:14,
114:21, 115:6,
115:9, 115:13,
141:22, 141:25,
142:14, 173:9,
173:11, 173:14,
258:24, 286:14,
286:19, 287:2,
288:17, 317:13,
317:16, 317:19,
322:11, 322:14,
329:17
Moreno [a] - 2:12,
4:19, 34:21, 114:1,
153:16, 317:10,
318:12, 329:20
morning [23] - 6:25,
7:1, 43:6, 43:12,
54:4, 61:25, 95:24,
109:2, 109:4,
119:19, 123:16,
123:21, 126:14,
132:2, 133:3, 134:1,
148:4, 159:2,
192:17, 253:7,
254:1, 267:10, 325:1
mortality [1] - 237:24
Most [1] - 250:4
most [35] - 28:5,
29:21, 48:22, 59:9,
67:12, 73:17, 79:15,
79:19, 82:9, 82:11,
92:16, 96:14,
108:16, 108:20,
120:16, 169:25,
175:13, 198:2,
198:21, 201:18,
208:16, 211:5,
212:7, 212:8,
212:20, 232:25,
237:13, 248:9,
251:19, 252:24,
287:15, 288:13,
290:16, 325:3,
325:21
mostly [2] - 23:5,
223:16
motion [4] - 324:15,
Dauster'IMurphy
303.522.1604
325:25, 328:25,
330:3
motivated [1] - 270:14
motto [1] - 234:5
mountain [1] - 250:3
mountains [7] - 76:17,
76:21, 99:3, 122:13,
204:11, 249:23,
268:21
Mountains [1] - 251:6
mounted [2] - 284:16,
284:17
move [13] - 5:3, 43:2,
59:1, 59:10, 70:15,
111:11, 117:9,
149:14, 188:15,
212:15, 212:18,
241:19, 329:8
moved [3] - 187:17,
190:22, 329:18
movement [3] - 58:25,
93:24, 306:16
moves [2] - 195:13,
195:25
moving [4] - 117:17,
196:5, 230:6, 231:2
MPO[1]-110:3
MR [161]- 32:2, 34:4,
34:18, 43:6, 43:9,
43:12, 54:4, 56:20,
61:25, 69:7, 77:11,
77:15, 77:20, 91:6,
91:11, 91:16, 92:2,
94:6, 95:10, 95:14,
95:24, 103:4, 103:9,
104:14, 107:9,
107:13, 109:2,
110:23, 110:25,
111:4, 111:15,
111:18, 111:23,
112:8, 112:21,
113:1, 113:5,
113:12, 113:16,
113:23, 114:7,
114:12, 114:16,
115:4, 115:7,
115:11, 115:20,
115:24, 116:16,
116:24, 124:3,
141:24, 142:9,
143:1, 144:12,
144:18, 145:2,
145:20, 146:4,
146:21, 146:25,
147:12, 147:25,
148:2, 163:5,
168:21, 173:17,
173:22, 173:24,
174:5, 174:7, 187:1,
Page 360
189:6, 189:8,
191:15, 192:2,
192:5, 192:10,
194:17, 197:9,
199:25, 200:16,
206:21, 212:3,
212:24, 219:7,
220:25, 222:14,
223:14, 225:1,
225:15, 225:17,
228:9, 233:20,
238:10, 238:14,
238:22, 238:25,
239:5, 239:16,
239:20, 240:1,
240:7, 259:2,
262:13, 275:18,
276:7, 276:11,
276:16, 276:24,
277:12, 277:21,
277:24, 281:23,
282:2, 282:6,
283:22, 284:3,
284:5, 286:24,
287:11, 288:19,
289:2, 289:5,
289:24, 290:14,
291:3, 292:1, 292:9,
293:6, 293:9,
293:13, 294:2,
294:10, 294:12,
295:7, 295:22,
295:25, 296:3,
296:10, 296:24,
297:24, 298:1,
300:12, 301:12,
302:19, 302:23,
303:14, 304:3,
304:8, 304:11,
305:10, 307:21,
308:19, 311:23,
312:3, 312:5,
313:14, 313:17,
322:1, 324:20
MS [85] - 6:24, 7:2,
31:11, 31:23, 32:12,
32:16, 32:22, 33:8,
33:21, 34:1, 35:4,
35:7, 35:20, 36:11,
36:13, 36:16, 36:24,
37:3, 37:19, 38:2,
38:16, 38:24, 39:4,
39:8, 39:24, 41:6,
41:12, 41:17, 42:1,
42:3, 42:7, 42:19,
42:23, 42:25, 117:2,
117:25, 118:9,
118:12, 118:18,
119:9, 119:13,
119:15, 119:18,
Weld County Board of Commissioners
7/22/2020
119:24, 120:4,
121:17, 153:5,
158:23, 158:24,
183:6, 183:10,
183:18, 195:5,
203:6, 204:5, 210:3,
213:3, 215:23,
216:25, 222:15,
229:18, 231:23,
276:3, 276:10,
279:1, 279:8,
279:11, 279:14,
279:16, 280:1,
280:7, 280:17,
280:20, 281:10,
281:15, 298:11,
298:13, 298:17,
298:22, 300:1,
300:7, 303:17,
303:22, 318:23,
319:1
MU [2] - 178:10,
178:20
mucus [1] - 171:22
multi [3] - 106:15,
107:5, 128:15
multi -family [1] -
107:5
multi -million [2] -
106:15, 128:15
multibillion [1] - 198:7
multiple [6] - 59:16,
150:11, 221:25,
236:14, 289:19,
301:24
municipal [3] - 14:22,
24:5, 120:19
municipalities [12] -
13:21, 16:10, 20:3,
20:13, 20:21, 110:1,
117:14, 313:21,
319:12, 319:20,
320:11, 320:15
municipality [8] -
13:24, 14:21, 15:10,
15:12, 15:15, 15:16,
15:23, 112:4
MURPHY[t] - 331:18
Murphy [2] - 1:9,
331:2
must [29] - 12:25,
13:1, 31:7, 31:17,
131:3, 149:12,
164:13, 167:18,
167:19, 173:5,
173:18, 176:18,
179:1, 180:8,
265:15, 265:25,
266:1, 266:3, 266:6,
266:13, 266:14,
266:16, 290:12,
304:24, 308:1,
326:8, 326:12,
326:17
mysterious [1] -
210:12
N
NAI [1] - 104:18
NAME [2] - 212:3,
212:24
name [40] - 4:5, 43:4,
43:6, 43:13, 54:5,
95:25, 96:11,
104:11, 104:15,
107:14, 109:4,
117:1, 119:22,
124:4, 153:6,
158:24, 162:22,
187:2, 189:8,
192:11, 195:5,
197:9, 200:17,
203:6, 204:6,
206:22, 210:4,
212:4, 213:3,
215:13, 216:25,
221:1, 222:15,
223:15, 225:2,
226:8, 228:9, 282:6,
289:6, 307:13
namely [1] - 241:20
narrow [1] - 145:13
nasal [1] - 172:6
national [2] - 100:9,
270:17
native [3] - 221:3,
251:23, 251:25
naturally [3] - 65:6,
65:7, 65:9
nature [4] - 63:8,
125:12, 166:9,
237:23
near[11] - 18:18,
25:22, 27:10, 71:6,
96:13, 120:18,
161:7, 161:8, 200:5,
233:6, 236:20
nearby [2] - 51:22,
118:14
nearest [6] - 25:21,
26:10, 26:12, 26:14,
161:15, 282:25
nearly [2] - 18:23,
189:1
nebulizer [2] - 222:25,
227:12
necessarily [4] -
193:14, 243:13,
281:7, 311:9
necessary [5] - 47:2,
54:25, 102:7,
266:14, 275:13
necessities [1] -
188:17
need [53] - 19:1, 19:6,
23:10, 47:13, 47:18,
58:21, 59:6, 59:20,
59:25, 64:24, 70:18,
74:7, 74:8, 81:6,
94:11, 122:20,
122:23, 128:7,
134:8, 139:9,
145:20, 145:21,
147:13, 152:14,
153:10, 161:10,
184:4, 188:17,
201:19, 201:22,
202:13, 203:1,
207:7, 210:1, 216:8,
222:11, 225:22,
228:16, 238:21,
239:12, 278:20,
280:19, 306:2,
310:2, 310:18,
311:13, 312:24,
315:24, 316:24,
323:11, 323:19,
329:9
needed [15] - 39:18,
55:7, 63:25, 92:7,
108:11, 108:20,
108:25, 119:17,
123:6, 182:24,
184:3, 200:25,
232:10, 299:24,
310:9
needs [12] - 8:25,
68:10, 101:18,
108:19, 147:20,
149:20, 202:10,
227:12, 229:11,
232:19, 248:11,
328:25
Neff [1] - 43:14
negative [8] - 124:22,
150:8, 162:17,
169:7, 179:17,
210:17, 210:19,
222:8
negatively [2] - 134:3,
178:17
negligible [I] - 80:12
negotiate [7] - 101:14,
181:5, 183:22,
274:5, 274:16,
274:19, 274:22
negotiation [1] -
181:24
negotiations [2] -
274:8, 274:10
neighbor [26] - 37:10,
45:21, 71:5, 80:5,
85:7, 85:10, 86:10,
86:12, 87:24, 89:3,
89:24, 90:17, 90:23,
91:1, 91:9, 102:10,
188:11, 199:14,
203:8, 207:20,
207:21, 216:15,
273:11, 273:14,
273:15
neighborhood [44] -
5:8, 5:11, 5:17, 5:19,
24:14, 75:20, 91:14,
123:25, 128:19,
130:25, 140:3,
140:12, 152:13,
159:10, 160:7,
160:20, 161:2,
161:6, 161:8,
161:13, 162:14,
169:3, 171:14,
172:15, 177:14,
196:1, 197:3,
197:17, 200:5,
204:19, 205:22,
226:23, 228:5,
230:12, 230:22,
231:17, 232:24,
236:12, 236:15,
236:17, 257:1,
292:2, 304:19,
307:15
neighborhood's [1] -
200:7
neighborhoods [6] -
25:14, 120:5,
161:19, 175:7,
202:25, 226:1
neighboring [7] -
30:8, 117:16, 128:2,
128:8, 130:11,
138:9, 173:4
neighbors [34] -
11:13, 12:16, 33:18,
57:22, 86:8, 88:12,
88:16, 88:19, 89:8,
100:22, 101:7,
101:13, 102:2,
102:15, 127:14,
127:22, 130:23,
134:13, 141:8,
158:16, 169:23,
170:16, 182:9,
187:25, 190:18,
Page 361,
199:18, 212:10,
212:12, 212:21,
221:23, 222:3,
232:13, 253:1,
274:25
neighbors' [1] -
128:10
Net [1] - 215:14
network [1] - 201:2
networks [1] - 19:11
never [27] - 32:3, 52:7,
71:19, 98:2, 101:14,
101:15, 102:9,
127:17, 127:18,
127:20, 156:10,
170:13, 170:17,
178:20, 182:6,
182:8, 189:25,
190:4, 190:11,
191:7, 191:8,
208:21, 242:2,
261:5, 292:1, 292:4,
292:9
nevertheless [1] -
129:22
New [1 ] - 190:23
new [23] - 11:12,
14:21, 16:16, 16:21,
17:3, 28:17, 37:8,
55:20, 80:17, 83:10,
84:21, 85:1, 85:2,
85:19, 90:7, 136:9,
209:24, 224:16,
228:13, 231:16,
237:22, 243:19,
257:22
newspaper [2] -
101:12, 184:11
next [38] - 11:6, 12:24,
34:17, 45:8, 45:24,
46:15, 48:7, 51:4,
55:21, 56:15, 57:12,
58:15, 60:5, 63:15,
65:18, 71:20, 79:8,
106:15, 117:8,
132:23, 147:18,
154:12, 159:10,
160:15, 161:5,
193:21, 202:2,
202:22, 220:24,
259:25, 288:6,
288:8, 289:25,
292:13, 298:6,
312:11, 312:14,
318:10
NFRMPO [1] - 42:17
nice [1] - 321:4
night [9] - 32:12,
32:17, 40:7, 42:2,
Dauster'IMurphy
303.522.1604
Weld County Board of Commissioners
7/22/2020
166:16, 192:16,
211:4, 218:22, 253:6
nighttime [4] - 42:3,
42:5, 260:2, 260:4
NIMBY [4] - 148:16,
226:4, 226:10, 228:4
NIMBYs [1] - 182:21
nine [5] - 180:14,
187:8, 197:12,
303:9, 303:19
ninth [1] - 29:1
Ninth[1]-54:6
NO[1]-2:1
nobody [1] - 123:7
Node [5] - 64:13,
64:14, 65:4, 70:12,
243:3
Nodes [4] - 13:25,
65:2, 65:13, 70:11
nodes [3] - 64:18,
64:24
noise [154] - 20:9,
23:6, 23:12, 25:11,
25:12, 25:24, 32:10,
33:5, 40:4, 40:6,
41:10, 41:23, 44:21,
51:18, 52:24, 58:11,
72:18, 73:9, 73:16,
75:25, 78:5, 78:6,
78:12, 78:24, 78:25,
79:2, 79:12, 79:14,
79:16, 79:17, 79:20,
80:2, 87:6, 89:22,
90:3, 90:5, 90:8,
90:11, 93:12,
124:24, 128:1,
128:6, 128:9,
135:11, 135:16,
135:21, 135:25,
137:7, 137:12,
137:18, 137:22,
137:23, 140:15,
141:14, 148:20,
148:21, 148:23,
148:24, 149:5,
149:9, 152:14,
163:9, 163:13,
163:17, 164:9,
164:13, 164:23,
164:24, 165:24,
166:2, 166:4, 166:9,
166:11, 166:13,
166:17, 166:19,
166:23, 167:16,
167:21, 167:25,
168:5, 168:12,
168:16, 178:3,
180:9, 184:10,
184:12, 185:6,
185:8, 186:18,
189:25, 190:5,
190:19, 200:2,
209:19, 229:22,
230:5, 230:10,
230:19, 233:5,
240:12, 243:10,
249:9, 249:18,
252:2, 252:3, 252:6,
252:7, 252:9,
252:10, 252:13,
252:15, 252:21,
252:23, 253:4,
253:9, 253:16,
253:18, 253:21,
254:2, 254:7,
254:12, 254:15,
254:17, 254:19,
254:20, 255:8,
255:11, 255:12,
255:17, 255:19,
255:22, 255:23,
256:1, 256:5, 256:8,
256:10, 256:11,
256:15, 257:4,
257:13, 257:16,
257:25, 258:4,
258:5, 259:6,
259:13, 260:6,
260:9, 260:15,
261:13, 261:18,
262:2, 262:5, 262:6,
262:7, 262:14,
262:17, 262:19,
262:21, 262:24,
273:22, 279:20,
279:24, 279:25,
280:2, 280:14,
280:21, 281:5,
282:10, 283:8,
284:25, 285:8,
287:15, 299:19,
303:9
Noise [1] - 18:12
noise -attenuation [1]
- 25:11
noises [3] - 79:8,
184:21, 254:24
noisy [3] - 253:14,
253:15, 253:19
nomenclature [1] -
286:25
non [4] - 70:7, 243:1,
252:7, 252:20
non -plant [1] - 252:20
non -rail [1] - 252:7
non -urbanizing [2] -
70:7, 243:1
none [e] - 24:5, 58:13,
177:3, 179:8,
210:15, 211:12,
280:5, 322:6
nonetheless [1] -
187:23
nonresidential [2] -
24:11, 204:15
nonsense [1] - 182:25
nontrivial [1] - 181:12
noon [3] - 6:3, 104:7,
229:3
normal m - 79:4,
171:6, 208:10,
256:11, 256:16,
257:5, 257:20
normally [2] - 5:4,
211:10
North [3] - 3:17,
23:25, 197:21
north [10] - 3:19, 7:9,
21:20, 22:6, 24:4,
24:7, 195:21,
198:16, 282:22,
290:5
northeast [5] - 22:22,
91:16, 135:8, 210:6,
246:4
northern [1] - 99:9
Northern [16] - 18:21,
19:2, 54:17, 55:5,
99:15, 104:21,
110:2, 158:7, 187:3,
187:4, 187:12,
200:25, 207:10,
223:17, 225:8,
228:10
Northern -Santa [1] -
54:17
northwest [2] -
246:11, 269:18
nose [2] - 170:20,
171:17
Notary [2] - 331:3,
331:19
note [7] - 44:2, 100:6,
131:25, 133:2,
133:13, 136:14,
258:16
noted [3] - 23:16,
244:20, 285:10
notes [2] - 36:7, 40:19
nothing [14] - 42:23,
129:7, 193:19,
199:21, 214:24,
214:25, 217:21,
226:4, 273:16,
304:24, 304:25,
310:18, 321:11
notice [19] - 3:21, 4:2,
15:7, 16:11, 34:15,
34:17, 34:18, 66:16,
164:18, 165:15,
166:12, 166:13,
167:10, 174:25,
182:7, 231:12,
282:21, 283:3
noticed [2] - 97:9,
179:4
notices [1] - 118:19
notification [1] -
298:19
noting [1] - 135:10
notion [1] - 312:7
notwithstanding [1] -
129:17
November[4] - 52:17,
113:6, 127:12, 261:3
NOVEMBER [1] - 1:6
nowhere [3] - 63:13,
305:16, 321:4
nuisance [5] - 72:17,
163:20, 168:13,
168:18, 266:1
nuisance -like [1] -
72:17
nuisances [1] -
163:18
number [17] - 5:7,
5:11, 44:6, 54:18,
61:18, 74:17,
127:22, 152:4,
159:19, 160:19,
240:5, 273:4, 273:7,
273:17, 294:17,
295:17, 315:20
Number [15] - 7:21,
9:7, 9:10, 9:13, 9:16,
17:1, 39:17, 120:14,
148:25, 171:2,
172:2, 282:20,
301:22, 317:20,
326:12
numbers [4] - 12:19,
149:12, 201:25,
257:18
numerous [3] -
105:24, 151:11,
172:20
O
Dauster I Murphy
303.522.1604
oath [1] - 125:17
objectively [1] -
132:15
objectives [1] - 47:16
obligation [9] - 89:5,
112:10, 115:17,
115:22, 115:24,
Page 362,
118:11, 140:24,
277:15, 278:6
obligations [1] -
297:15
observation [2] -
277:13, 326:21
observations [1] -
21:4
observed [2] - 264:24,
285:10
obstruct [3] - 77:2,
122:13, 122:14
obstructing [1] -
251:8
obtain [1] - 50:17
obtaining [1] - 55:9
obviously [7] - 37:15,
44:9, 44:14, 64:7,
113:8, 230:1, 268:22
occasionally [1] -
178:4
occasions [I] -
172:20
Occi [2] - 200:7, 200:8
Occidental [2] -
193:18, 200:4
occupied [1] - 73:20
occur [5] - 17:18,
67:25, 87:21,
198:10, 318:14
occurred [3] - 67:24,
81:1, 161:4
occurring [7] - 64:23,
65:11, 67:19, 67:20,
264:25, 301:11,
308:23
occurs [6] - 95:5,
106:2, 106:3,
143:22, 283:10,
296:8
October [4] - 169:3,
220:3, 249:22, 250:2
odor [10] - 72:17, 76:2,
150:24, 152:16,
152:22, 162:10,
178:3, 198:22,
198:23, 245:13
odor -control [1] -
198:22
odors [2] - 137:7,
208:9
OF [3] - 1:3, 1:4, 2:3
of.. [1] - 280:4
off -property [4] -
265:23, 265:24,
266:4, 282:22
off -site [1] - 268:1
off -vehicle [1] - 266:6
offensive [2] - 120:22,
Weld County Board of Commissioners
7/22/2020
138:8
offer [14] - 44:13, 46:8,
46:12, 82:10, 83:9,
95:22, 106:5,
106:17, 111:11,
158:9, 274:6,
274:16, 289:2,
300:13
offered [4] - 160:13,
272:12, 274:7,
274:10
offering [1] - 306:23
office [2] - 97:1,
259:24
officer [1] - 215:17
offices [1] - 287:21
official [1] - 125:4
officially [1] - 59:6
officials [2] - 125:16,
125:18
Officials [1] - 25:6
offload [2] - 284:15,
284:18
offloading [21 -
284:23, 285:20
offsite [1] - 266:2
often [8] - 61:13,
74:25, 105:1,
117:12, 117:13,
227:12, 249:4,
302:11
oil [9] - 56:3, 97:12,
188:9, 188:11,
193:22, 248:8,
287:15, 287:16,
287:17
oiled [2] - 233:9,
233:10
old [3] - 170:11,
227:12, 314:2
olds [1] - 205:13
on -site [i6] - 7:15,
7:23, 11:22, 24:16,
28:11, 40:2, 40:10,
81:21, 167:3,
256:17, 264:24,
266:1, 268:4,
285:22, 286:1, 302:3
on -the -ground [1] -
175:11
once [13] - 5:12,
34:14, 34:24,
133:12, 148:18,
221:8, 229:12,
262:8, 281:25,
284:24, 285:5,
307:3, 330:6
one [154] - 5:12, 5:23,
6:8, 10:18, 11:6,
12:24, 13:15, 14:11,
19:7, 21:18, 23:1,
23:17, 24:22, 32:1,
35:15, 36:6, 37:12,
37:19, 42:13, 42:18,
43:8, 45:1, 48:9,
49:12, 58:19, 59:12,
60:2, 60:16, 63:16,
64:2, 64:9, 68:2,
68:3, 68:11, 68:12,
71:12, 71:20, 80:24,
81:25, 85:8, 88:23,
90:19, 96:25, 98:12,
99:21, 102:22,
107:21, 108:10,
109:11, 109:13,
115:25, 122:21,
123:21, 128:24,
133:8, 133:19,
145:3, 145:5,
145:14, 146:12,
146:14, 147:3,
148:9, 150:17,
152:9, 159:20,
160:5, 166:6,
166:21, 167:2,
167:3, 167:22,
169:14, 172:4,
172:10, 174:9,
176:3, 176:19,
176:22, 181:18,
189:25, 190:4,
191:7, 191:8,
192:15, 193:16,
196:4, 196:24,
207:8, 210:8, 214:9,
215:5, 215:16,
216:10, 217:9,
221:7, 224:24,
229:23, 234:20,
234:21, 235:9,
235:20, 236:17,
239:10, 241:2,
241:10, 248:21,
249:2, 249:13,
250:17, 259:19,
260:5, 261:2, 262:4,
264:17, 265:3,
266:19, 269:13,
270:23, 274:1,
275:2, 278:22,
281:16, 282:20,
285:11, 285:13,
285:14, 287:24,
289:3, 289:11,
290:24, 292:16,
293:21, 296:6,
304:5, 306:9,
312:10, 312:14,
314:10, 314:15,
315:16, 315:17,
315:18, 315:19,
318:3, 321:21,
322:20, 323:24,
324:4, 324:14, 329:5
one's [2] - 228:14,
268:23
one-dimensional [1] -
71:12
one -page [1] - 214:9
ones [3] - 176:3,
176:19, 248:17
ongoing [3] - 49:14,
140:3, 141:3
onset [1] - 170:14
oops [1] - 161:10
opacity [12] - 40:13,
40:15, 41:11,
265:22, 266:18,
269:5, 293:3,
293:14, 293:16,
293:17, 293:24
open [a1- 5:13, 12:10,
12:14, 104:3,
129:11, 161:9,
194:7, 233:6
opened [1] - 192:23
opening [1] - 211:8
operate [14] - 47:14,
97:6, 102:9, 126:23,
136:21, 143:4,
143:19, 143:24,
145:8, 208:12,
214:11, 214:13,
223:16, 230:7
operated [7] - 8:5, 8:6,
98:7, 140:8, 271:2,
302:2, 306:13
operates [2] - 305:6,
308:16
operating [17] - 7:15,
49:16, 49:19, 55:24,
85:25, 86:1, 184:6,
188:7, 251:4, 252:5,
253:11, 253:17,
266:5, 266:8,
302:10, 308:20,
309:4
operation [38] - 18:18,
24:18, 26:3, 26:7,
49:22, 51:18, 52:13,
57:6, 61:21, 87:4,
94:19, 120:9,
121:24, 136:20,
150:21, 152:11,
154:22, 172:25,
173:3, 174:21,
201:8, 201:18,
202:9, 208:6,
Dauster I Murphy
303.522.1604
222:23, 240:18,
249:15, 250:1,
250:11, 260:11,
260:12, 260:15,
260:18, 269:12,
276:1, 285:12,
285:16
operational [13] -
51:13, 58:11, 87:7,
221:8, 247:17,
282:16, 285:25,
286:2, 286:7, 297:8,
305:2, 307:9
operations [48] -
18:17,23:1,40:11,
49:19, 57:10, 57:15,
58:8, 79:4, 79:24,
93:7, 93:22, 93:23,
99:20, 120:7, 130:1,
136:15, 137:21,
137:25, 139:8,
140:19, 143:11,
143:13, 168:15,
169:3, 169:11,
172:13, 172:18,
179:16, 198:19,
201:24, 202:16,
202:18, 202:19,
202:24, 219:2,
251:20, 252:7,
256:12, 256:17,
257:5, 257:20,
260:12, 262:9,
264:5, 269:14,
285:10, 294:14,
307:1
operator [5] - 207:19,
208:2, 266:6, 266:9,
311:15
operators [1] - 311:16
opinion [4] - 109:16,
109:17, 310:24,
317:8
oplinger [2] - 255:15,
258:3
OPLINGER [2] -
163:5, 168:21
Oplinger [61- 124:8,
141:13, 163:6,
250:25, 255:2, 287:4
opponent [1] - 53:14
opponent's [t] - 44:19
opponents [10] - 52:4,
52:17, 53:11, 53:14,
70:23, 75:15, 78:7,
78:10, 78:21, 96:5
opportunities [3] -
11:1, 41:9, 201:17
opportunity [04] -
Page 363
15:16, 111:17,
123:16, 124:4,
124:15, 133:8,
141:18, 187:18,
207:14, 219:9,
221:1, 276:3, 311:9,
319:25
Opposed [1] - 330:2
opposed [3] - 5:16,
23:4, 90:20
opposing [1] - 120:9
Opposing [1] - 120:14
opposite [3] - 190:12,
269:19, 323:21
opposition [5] -
109:12, 120:8,
292:18, 320:24,
322:18
optimize [1] - 258:14
option [2] - 18:15,
36:18
options [2] - 20:20,
198:25
oranges [1] - 142:24
ordeal [1] - 101:13
order [8] - 8:24, 52:7,
108:7, 130:10,
164:13, 205:9,
240:15, 297:14
ordered [5] - 205:7,
205:13, 210:25,
211:1, 219:23
ordinance [1] - 9:25
organic [1] - 245:12
organization [1] -
189:2
Organization [1] -
24:1
organized [2] - 65:9,
65:13
oriented [2] - 21:10,
21:25
orienting [1] - 24:24
original [1] - 87:23
originally [8] - 7:16,
8:1, 50:13, 51:1,
126:16, 138:6,
199:3, 291:25
originated [1] - 109:17
originating [1] -
280:21
otherwise [7] - 71:20,
93:16, 131:1,
140:19, 176:7,
209:24, 331:13
Otten [1 ] - 43:14
ourselves [5] -
180:12, 198:1,
238:12, 275:1,
Weld County Board of Commissioners
7/22/2020
312:23
outcome [3] - 140:6,
274:13, 331:13
outcomes [1] - 213:14
outdoors [2] - 171:8,
171:25
outfall [1] - 216:11
outline [3] - 62:18,
62:19, 260:16
outlined [1] - 136:17
outlines [2] - 18:8,
284:7
outlining [1] - 11:23
outrageous [1 ] -
205:16
outreach [1] - 87:23
outright [1] - 183:19
outset [1] - 162:12
outside [18] - 20:14,
20:20, 82:13, 112:6,
158:6, 169:16,
190:4, 212:9,
212:11, 223:5,
223:9, 223:10,
230:7, 257:3,
298:14, 299:14,
301:1
overall [1] - 157:6
overflight [1] - 253:10
overflowed [1] - 216:9
overlay [3] - 28:1,
328:9, 328:10
overnight [1] - 253:14
overseas [1] - 96:22
oversight [7] - 133:5,
133:10, 136:21,
313:20, 313:21,
313:22, 314:8
overturned [3] - 7:17,
8:11, 37:16
own [14] - 10:21,
16:22, 22:10, 47:15,
131:11, 131:14,
170:10, 181:17,
182:22, 205:21,
215:8, 223:15,
225:5, 322:22
owned [9] - 26:18,
54:12, 102:25,
128:16, 140:7,
180:14, 225:6,
306:13
owner [8] - 7:12, 11:4,
15:18, 23:24, 34:15,
153:7, 266:5, 266:9
owner's [2] - 11:10,
70:10
owners [7] - 13:8,
20:7, 23:4, 23:10,
88:6, 122:19, 134:24
owners' [1] - 23:18
ownership [2] -
102:24, 128:15
P
p.m [3] - 253:7, 261:7,
330:10
Pacific [13] - 14:12,
22:6, 23:14, 27:15,
30:3, 35:2, 35:11,
54:16, 69:23, 98:12,
102:7, 192:25, 193:1
packet [6] - 44:6,
90:19, 239:23,
265:9, 271:23, 304:4
pads [1] - 218:20
page [1] - 214:9
paid [1] - 88:8
pain [2] - 210:14,
216:17
painful [1] - 210:12
painted [1] - 273:13
pandemic [1] - 237:22
panels [1] - 288:5
panoramic [2] - 76:21,
251:5
paper [4] - 196:3,
196:15, 197:4, 321:9
parade [1] - 232:8
paragraph [9] - 30:25,
308:1, 308:4,
310:13, 326:5,
327:2, 327:10,
327:17, 328:6
parcel [6] - 39:10,
75:19, 145:3,
145:14, 146:12,
146:13
parcels [3] - 65:23,
66:7, 134:21
Parish [2] - 109:7,
117:4
Park [1] - 106:13
park [4] - 191:6,
227:2, 248:1, 288:8
Parker [1] - 142:10
parking [1] - 55:7
parks [3] - 177:13,
199:1, 207:5
part [30] - 3:14, 22:14,
30:1, 38:22, 56:18,
61:19, 65:14, 91:3,
92:3, 93:21, 108:12,
108:14, 109:10,
109:25, 144:4,
157:24, 175:20,
208:24, 248:11,
248:21, 267:20,
269:23, 275:3,
283:24, 308:6,
315:5, 318:3
partially [1] - 94:6
participants [1] -
85:13
participate [1] - 49:14
particular[1z] - 5:6,
28:6, 31:21, 115:1,
130:16, 185:12,
201:11, 242:14,
281:1, 281:4,
283:18, 285:16
particularly [7] -
43:19, 47:2, 70:11,
227:22, 267:8,
270:15
particulate [12] -
169:2, 169:24,
170:1, 172:22,
237:4, 238:2,
265:15, 266:15,
292:18, 293:10,
294:5, 295:13
Particulate [2] -
169:21, 265:13
particulates [9] -
195:9, 195:19,
196:11, 227:14,
270:7, 292:20,
292:25, 293:2, 295:2
parties [2] - 46:1,
331:12
parting [1] - 157:25
partners [1] - 61:18
parts [1] - 205:24
party [1] - 20:16
Pascoe [1] - 124:6
pass [1] - 100:1
passed [1] - 203:19
passengers [1] -
306:16
passion [1] - 224:1
past [14] - 98:16,
101:1, 112:25,
125:6, 171:4,
171:20, 172:4,
172:7, 199:15,
201:25, 202:17,
210:10, 217:5,
298:18
patience [2] - 96:2,
330:5
patient [1] - 213:14
patients [3] - 236:7,
236:14, 237:12
pattern [2] - 22:5,
66:10
Dauster I Murphy
303.522.1604
patterns [5] - 63:10,
63:14, 63:24, 68:17
pause [2] - 92:23,
219:3
paved [2] - 39:13,
271:19
Pavement[1] - 206:24
Pay [3] - 16:22, 84:24,
122:18
paying [1] - 84:13
PC [1] - 15:20
peaks [2] - 185:18,
185:22
Peckham [1] - 65:3
Pekin [1] - 119:25
pending [2] - 8:16,
127:3
Pennsylvania [1] -
287:22
people [49] - 5:7, 5:11,
5:20, 40:14, 84:13,
89:14, 90:24, 121:4,
121:7, 121:20,
122:17, 148:15,
154:24, 157:17,
158:4, 158:8,
182:14, 183:24,
184:2, 188:23,
191:5, 201:11,
209:18, 213:15,
222:3, 222:9,
222:10, 225:18,
232:8, 234:16,
235:12, 236:23,
237:15, 237:25,
251:22, 264:8,
270:3, 270:15,
273:13, 274:21,
274:22, 295:11,
295:19, 311:16,
321:8, 322:16,
322:22, 323:20
people's [1] - 211:22
Pepsi [1] - 248:4
per [9] - 39:14, 107:4,
120:13, 157:13,
162:3, 252:16,
262:20, 294:17
percent [16] - 40:12,
77:7, 83:23, 84:1,
147:4, 158:4, 185:4,
215:10, 215:16,
237:25, 265:22,
273:23, 293:24,
316:3, 317:7
percentage [3] -
161:23, 162:2,
293:17
perfect [3] - 49:4,
Page 364,
101:3, 317:15
perfectly [3] - 52:5,
85:18, 85:21
perform [1] - 225:6
performance [4] -
60:9, 73:8, 73:9,
75:23
performed [2] -
282:15, 282:17
perhaps [8] - 60:2,
74:18, 79:15, 79:18,
83:9, 117:19, 291:2,
292:6
perimeter[1] - 87:2
period [4] - 160:11,
161:17, 167:4,
252:18
periods [1] - 164:1
permanent [7] -
125:12, 168:18,
196:20, 229:25,
258:14, 258:15,
258:23
permeate [1] - 48:1
permissible [1] -
269:7
permission [2] - 143:6
permit [29] - 7:16,
7:17, 8:12, 8:16,
17:25, 20:5, 80:16,
97:14, 99:4, 109:18,
109:25, 214:4,
214:7, 214:10,
214:12, 216:10,
216:12, 245:8,
265:10, 265:17,
266:11, 268:11,
271:3, 276:5,
294:20, 295:14,
295:15, 295:16
permits [3] - 76:1,
80:13, 293:9
permitted [15] - 7:16,
9:12, 23:2, 26:23,
39:10, 40:1, 65:23,
67:7, 109:23,
110:12, 178:15,
207:9, 216:10,
305:17, 305:21
permitting [4] - 12:18,
19:16, 294:16, 295:4
person [5] - 5:4,
96:25, 191:15,
307:13, 307:14
personal [3] - 23:22,
155:4, 326:20
personally [2] - 221:6,
227:4
perspective [4] - 67:3,
Weld County Board of Commissioners
7/22/2020
92:25, 214:1, 315:5
persuasive [1] -
290:22
pertain [1] - 287:17
pertaining [2] - 4:4,
210:22
pertains [1] - 11:3
Pete [1] - 197:10
peter[i] - 181:19
petered [1] - 181:18
PETERSON [3] -
187:1, 189:6, 206:21
Peterson [2] - 187:2,
206:23
petition [1] - 220:17
Petroleum [1] - 193:18
Petroleum's [1] -
200:4
phases [1] - 103:5
PhD [1] - 286:22
phone [4] - 12:18,
149:4, 194:2, 194:9
phonetic p] - 29:12,
98:20, 151:16,
205:1, 219:16,
219:18, 264:25
phonetic] [1] - 273:8
photo [9] - 250:25,
251:1, 266:20,
267:1, 267:7, 267:9,
267:22, 269:8, 269:9
photos [13] - 56:16,
169:17, 170:7,
170:15, 171:1,
250:3, 250:16,
250:18, 258:10,
263:15, 268:17,
269:11, 269:23
phrase [1] - 101:13
physical [12] - 75:4,
86:4, 86:11, 87:8,
87:25, 89:19,
165:11, 247:17,
273:20, 297:7,
297:8, 307:8
physically [5] - 165:7,
165:9, 165:22,
165:24, 258:4
physician [2] - 162:23,
213:12
physicians [1] -
213:17
physics [2] - 167:23,
168:7
pick [1] - 185:4
picture [6] - 29:15,
54:20, 152:24,
247:3, 284:20,
287:12
pictures [9] - 29:6,
29:7, 155:9, 169:9,
169:10, 188:1,
190:13, 211:18,
231:9
piece [11] - 6:22, 31:6,
32:19, 59:13, 68:12,
80:17, 112:6,
117:13, 196:3,
196:15, 197:4
piecemeal [1] - 147:19
pig [1] - 226:21
piled [1] - 211:19
piles [5] - 90:13,
230:6, 266:12,
297:3, 297:4
pilot [1] - 195:12
Pioneer [1] - 122:17
PIRAINO[3] - 192:10,
194:17, 203:6
Piraino [4] - 124:9,
192:11, 203:6, 262:5
pissed [1] - 194:19
Pit [1] - 180:20
pit [1] - 202:23
place [20] - 37:21,
49:25, 71:3, 76:10,
90:22, 106:2,
129:10, 129:14,
162:8, 167:22,
180:12, 222:10,
226:2, 229:10,
231:20, 249:21,
261:13, 281:16,
306:3, 315:23
Place [1] - 233:23
placed [4] - 75:14,
239:22, 239:23,
259:5
placements [3] -
225:7, 284:21, 285:2
places [5] - 25:4,
55:10, 106:3,
165:16, 167:11
plain [2] - 84:22
plaintiffs [1] - 148:13
plan [94] - 8:21, 9:23,
9:24, 10:6, 10:10,
10:14, 10:25, 13:16,
17:8, 18:3, 21:9,
21:21, 22:15, 22:17,
31:17, 31:18, 31:22,
32:4, 32:21, 32:24,
34:10, 34:18, 37:5,
40:5, 40:17, 45:9,
48:23, 50:2, 62:16,
69:13, 69:20, 70:6,
70:9, 70:14, 70:15,
70:19, 73:18, 76:4,
81:20, 92:13, 92:18,
93:23, 105:14,
113:3, 113:4,
113:17, 116:11,
116:19, 126:9,
130:15, 134:16,
134:18, 135:3,
136:3, 136:5, 136:8,
136:13, 136:17,
142:23, 146:3,
154:25, 177:6,
177:16, 182:5,
242:7, 242:13,
242:20, 242:22,
242:25, 243:5,
245:7, 272:14,
275:10, 275:12,
277:5, 278:5,
298:18, 300:2,
300:8, 300:10,
301:3, 309:25,
311:8, 315:16,
315:19, 316:9,
316:15, 321:1,
321:3, 321:13,
327:4, 327:8
Plan [1] - 265:13
plane [1] - 254:10
planes [1] - 185:10
planned [2] - 106:7,
106:18
Planner's [1] - 150:7
planners [2] - 63:22,
67:5
planning [101] - 5:1,
7:8, 10:1, 14:6,
14:25, 16:4, 16:12,
17:24, 18:6, 20:24,
20:25, 21:13, 23:16,
23:19, 23:20, 25:1,
28:22, 31:19, 32:5,
34:9, 39:2, 45:15,
46:10, 47:5, 47:6,
48:17, 58:16, 62:3,
62:6, 63:21, 63:23,
67:2, 68:9, 68:21,
69:3, 69:4, 70:4,
70:21, 71:1, 73:3,
73:15, 73:19, 73:20,
78:19, 81:18, 82:5,
82:25, 85:9, 89:21,
106:24, 109:20,
116:2, 116:3,
116:17, 117:3,
117:6, 117:10,
117:11, 117:17,
118:13, 120:24,
123:18, 123:19,
130:13, 149:23,
Dauster I Murphy
303.522.1604
175:1, 184:14,
184:15, 204:17,
205:15, 205:18,
243:11, 243:18,
249:5, 250:24,
256:6, 261:16,
271:18, 272:1,
272:4, 275:1,
275:25, 279:2,
300:18, 301:18,
313:3, 325:18,
326:9, 326:14,
326:19, 328:12,
328:15, 329:11,
329:22
Planning [8] - 2:19,
6:25, 12:1, 15:5,
17:20, 24:1, 25:6,
28:20
plans [20] - 13:24,
21:8, 24:6, 62:17,
62:19, 62:20, 63:6,
63:7, 63:9, 63:11,
63:14, 68:9, 72:22,
74:10, 92:12, 193:9,
193:11, 203:16,
242:24, 247:15
plant [e7] - 25:18,
25:23, 26:9, 26:14,
26:20, 37:8, 40:19,
57:17, 76:19, 77:14,
77:17, 78:2, 79:4,
79:9, 79:24, 86:18,
86:25, 87:10, 90:15,
91:22, 106:12,
126:23, 127:11,
128:16, 128:22,
132:7, 137:3, 137:4,
137:5, 137:21,
140:5, 143:4,
151:18, 152:17,
156:17, 161:18,
166:20, 167:25,
187:17, 193:12,
198:18, 199:8,
204:24, 208:7,
210:6, 210:24,
211:16, 222:23,
231:2, 234:17,
241:20, 248:4,
249:8, 250:20,
251:3, 251:7,
251:15, 252:20,
253:3, 253:17,
254:9, 257:21,
258:6, 259:4, 259:5,
259:8, 260:15,
260:18, 263:19,
263:22, 269:12,
270:25, 271:1,
Page 365
280:22, 284:1,
284:6, 284:11,
302:2, 302:10,
306:12, 306:25
plants [6] - 51:11,
51:17, 61:1, 201:9,
207:2, 276:14
plat [1] - 205:7
play [a] - 171:24,
194:4, 206:14,
223:4, 223:9,
223:10, 227:2,
227:23
played [1] - 262:5
plays [3] - 20:19,
194:11, 227:11
Plaza [1] - 56:6
pleasant [2] - 203:17,
210:16
pleased [1] - 39:8
plenty [1] - 71:14
plopped [1] - 156:18
plot [1] - 166:11
plus [8] - 182:14,
257:22, 283:8,
283:12, 283:13,
283:14, 283:15,
283:16
PM [1] - 295:1
pockets [2] - 220:14,
288:7
point [29] - 34:10,
36:2, 59:8, 61:3,
66:2, 68:7, 70:22,
144:3, 147:18,
149:20, 157:16,
162:2, 189:3, 193:7,
207:22, 208:15,
247:11, 263:16,
263:17, 266:19,
274:1, 274:15,
283:1, 285:14,
293:21, 297:12,
312:20, 330:7
pointed [9] - 68:17,
105:24, 137:12,
138:3, 138:12,
245:25, 246:4,
290:4, 295:8
pointing [3] - 164:18,
191:24, 244:2
points [8] - 39:11,
136:24, 161:23,
201:25, 207:17,
228:13, 283:6, 315:3
poised [1] - 289:1
poking [1] - 30:11
policies [6] - 10:15,
12:25, 13:11, 17:5,
Weld County Board of Commissioners
7/22/2020
135:3, 136:16
policy [1] - 112:21
political [1] - 206:14
pollen [1] - 217:22
pollutants [1] - 82:12
pollution [5] - 20:9,
23:12, 152:19,
237:23, 264:7
Pollution [1] - 207:24
polymer [5] - 271:19,
297:2, 302:7,
302:10, 302:16
polymer -blend [1] -
271:19
pond [1] - 216:9
ponds [1] - 81:22
poor [0] - 213:15
pop [1] - 276:8
popular [1] - 233:1
popularity [1] - 325:18
population [2] -
108:16, 202:2
populations [1] -
271:6
portal [1] - 160:21
portion [4] - 98:7,
103:5, 154:3, 161:15
portions [0] - 32:22
pose [1] - 213:9
position [9] - 15:25,
85:11, 136:1,
136:15, 143:8,
147:10, 232:25,
300:15, 306:19
positioned [0] - 60:2
positive [2] - 28:14,
208:17
possibilities [0] -
175:2
possibility [3] - 174:9,
174:12, 186:14
possible m - 89:17,
108:3, 129:23,
171:12, 183:16,
193:2, 234:24
possibly [1] - 232:24
post [0 ] - 216:18
post-prostatectomy
[1] - 216:18
posted [3] - 7:6,
249:20, 249:22
postponed [1] - 8:3
potable [1] - 14:17
potential [7] - 15:13,
72:7, 135:1, 138:22,
138:25, 168:8,
257:10
potentially [2] - 64:15,
272:10
pour [1] - 229:3
pouring [2] - 224:1,
229:5
power [2] - 64:10,
129:21
powerless [1] -
128:21
PPE [1] - 297:23
practical [1] - 10:9
practice [3] - 33:25,
236:5, 248:19
practices [6] - 80:1,
90:10, 106:25,
208:4, 252:16,
252:17
practicing [1] - 162:24
prairie [2] - 251:23,
251:25
praying [0] - 155:25
pre [2] - 15:4, 223:5
pre -application [1] -
15:4
precedence [2] -
290:3, 290:10
precedent [6] - 290:8,
290:9, 290:12,
290:13, 291:1
precipitates [1] -
219:1
precisely [1] - 163:20
preclude [i] - 16:1
predated [1] - 71:25
predecessor [2] -
97:21, 244:8
predecessors [1] -
72:5
predestined 01-
204:11
predetermined [1] -
214:7
predict 0] - 63:8
predictability [2] -
130:12, 198:9
predictable [1] -
179:10
predictions [1] - 63:24
preempted [a] -
128:23, 134:7,
139:18, 143:10,
143:11, 143:13,
143:17, 143:25
preemption [6] -
129:4, 129:7,
129:14, 139:7,
139:9, 306:3
prefer [1] - 180:7
preliminary [1] - 125:2
prepare [i] - 44:11
prepared [1 o] - 44:20,
179:5, 183:21,
200:20, 219:10,
252:22, 259:14,
270:1, 271:23, 331:4
presence [1] - 235:17
present [10] - 2:10,
3:5, 5:9, 30:18,
65:25, 89:1, 100:18,
123:13, 124:15,
249:7
Present 0] - 2:16
presentation [20] -
30:17, 30:22, 45:3,
46:5, 61:22, 69:8,
71:7, 85:5, 114:23,
124:16, 124:17,
124:19, 163:8,
168:19, 240:11,
248:22, 250:24,
257:24, 312:6, 324:6
presentations [3] -
5:2, 324:3, 324:5
presented [13] - 71:9,
97:22, 100:6,
176:23, 179:5,
252:3, 252:8, 253:1,
255:15, 281:1,
323:14, 326:13
presently [1] - 246:25
presents [1] - 28:14
preserve [s] - 10:20,
153:23, 155:7,
251:10
preserved [1] - 76:18
president [4] - 46:8,
54:6, 200:22, 234:4
pressing [1] - 245:12
pressure [2] - 99:14,
289:14
pressurize [1] -
284:17
presumably [1] -
151:4
presumptively [2] -
244:10, 244:14
pretty [3] - 192:25,
217:20, 325:23
prevail [1] - 199:6
prevailed [1] - 198:5
prevent [1] - 10:7
previous [7] - 8:15,
21:14, 152:2, 171:5,
174:12, 319:10,
320:11
previously [6] - 23:3,
57:20, 135:12,
135:22, 170:11,
170:23
price poi - 84:11,
Dauster'IMurphy
303.522.1604
84:12, 97:17, 107:5,
159:21, 159:22,
160:5, 160:8,
235:10, 235:16
prices [4] - 84:3, 84:6,
97:16, 235:15
pride [1] - 122:22
prideful [1] - 224:17
prides [1] - 89:13
primarily [2] - 69:12,
187:6
primary [4] - 181:1,
200:24, 201:8,
301:22
principal [1] - 20:14
principle [2] - 3:17,
10:18
principles [6] - 10:15,
10:18, 19:8, 48:17,
107:21, 108:11
private [5] - 10:17,
10:22, 11:2, 16:1,
63:19
Pro [i] - 2:12
Pro-Tem [1] - 2:12
problem [9] - 89:10,
181:12, 211:17,
218:10, 250:22,
264:13, 268:19,
275:8, 281:23
problems [8] - 61:14,
159:19, 171:18,
171:24, 173:2,
212:13, 255:1
procedure [2] - 12:6,
321:17
proceed [i] - 118:21
proceeded [3] -
128:18, 131:11,
199:4
proceeding [2] -
127:8, 138:5
proceedings [1] -
331:6
process [45] - 8:22,
12:7, 12:8, 12:10,
12:15, 15:4, 18:4,
28:4, 31:24, 34:10,
40:6, 40:17, 41:3,
50:8, 50:22, 58:3,
65:12, 67:12, 73:6,
96:4, 100:13, 113:7,
146:7, 146:8, 180:8,
182:7, 184:16,
206:11, 213:24,
220:5, 220:20,
237:6, 274:4, 275:2,
276:25, 277:5,
278:5, 292:4, 301:3,
Page 366
307:24, 313:3
processes [2] - 17:25,
67:13
processing [a] -
43:20, 59:12, 95:5,
108:2, 132:18,
166:8, 244:11,
265:21
Processing [1] -
265:14
produce [1] - 195:10
produced [1] - 19:5
Producer's 01-
219:17
Producer's-Cervi [0] -
219:17
producing [3] -
116:15, 186:18,
268:7
product [13] - 107:5,
108:7, 108:11,
114:25, 196:17,
232:10, 235:10,
235:14, 235:20,
288:10, 311:5, 311:7
production [4] -
193:22, 201:9,
236:21, 245:12
productive [1] -
134:21
products [10] - 54:18,
56:14, 58:18, 61:8,
99:20, 196:17,
225:20, 226:3, 288:4
Professional [2] -
331:2, 331:19
professional [3] -
78:15, 105:21,
105:22
professionally [2] -
78:16, 104:18
profitable [1] - 145:9
profited [1] - 102:18
Program [0] - 17:15
progressed [1] - 88:21
prohibit [i] - 24:11
prohibited [1] -
328:16
prohibiting [1] -
204:16
prohibits [3] - 130:18,
130:19, 243:23
project [29] - 45:25,
46:2, 51:5, 51:6,
51:14, 52:3, 52:10,
57:21, 58:4, 68:16,
68:20, 70:23, 71:2,
72:15, 92:17, 101:3,
105:3, 105:6,
Weld County Board of Commissioners
7/22/2020
105:11, 105:12,
107:3, 108:21,
128:3, 201:11,
201:14, 201:16,
202:5, 282:12
projects [18] - 54:2,
54:9, 56:3, 56:4,
56:5, 56:6, 56:7,
56:9, 56:17, 58:23,
61:14, 114:24,
115:2, 224:8,
228:19, 302:24
prolonged [1] -
196:18
promise [1] - 203:17
promises [3] - 100:19,
100:20, 101:9
promote [2] - 10:25,
13:20
prompted [1] - 217:16
proof [3] - 195:24,
196:9, 206:13
proper [2] - 47:25,
53:5
properties [23] -
17:19, 18:3, 24:14,
28:14, 29:18, 30:4,
30:9, 64:25, 66:3,
67:7, 84:19, 86:25,
88:7, 112:19,
130:21, 131:16,
133:15, 134:4,
204:20, 222:12,
246:1, 246:24,
251:16
Properties [1] - 107:2
property [220] - 4:4,
6:22, 7:9, 7:12, 7:13,
8:15, 8:19, 9:8, 9:14,
10:17, 10:21, 10:22,
11:2, 11:4, 11:5,
11:10, 13:8, 15:18,
16:1, 16:2, 16:9,
16:14, 19:7, 19:14,
19:17, 19:22, 20:7,
23:1, 23:4, 23:10,
23:15, 23:18, 23:24,
27:5, 29:13, 30:6,
31:1, 31:16, 32:19,
32:23, 34:15, 37:22,
40:3, 40:10, 46:6,
47:13, 47:15, 48:20,
49:4, 49:10, 57:1,
59:13, 60:11, 68:12,
70:10, 71:2, 72:14,
74:24, 75:5, 75:11,
75:17, 77:16, 77:17,
80:12, 80:20, 81:20,
81:24, 82:21, 83:12,
83:24, 85:24, 86:5,
86:11, 87:15, 87:16,
87:21, 87:25, 88:9,
89:20, 91:7, 92:6,
93:10, 93:17, 93:25,
94:5, 94:16, 98:2,
98:4, 98:7, 98:12,
99:9, 100:7, 101:21,
101:23, 102:3,
102:6, 102:25,
103:1, 103:4, 103:5,
103:10, 103:13,
104:21, 106:9,
106:12, 110:5,
110:6, 110:22,
111:6, 111:14,
112:6, 112:13,
120:21, 122:18,
122:19, 122:22,
124:11, 126:7,
126:15, 126:20,
128:2, 129:22,
130:16, 130:20,
131:6, 131:7, 132:8,
132:12, 133:17,
134:24, 135:14,
140:22, 140:23,
143:4, 143:20,
144:20, 145:7,
147:23, 150:8,
154:1, 154:20,
154:25, 155:5,
155:7, 155:16,
156:15, 159:1,
159:6, 159:17,
160:20, 161:25,
162:1, 162:4,
162:13, 162:18,
179:19, 180:14,
192:12, 192:13,
193:14, 194:21,
197:5, 198:10,
205:21, 206:7,
210:6, 210:23,
212:9, 213:20,
219:21, 222:5,
240:14, 242:14,
243:20, 243:24,
245:2, 245:19,
245:24, 247:14,
247:21, 247:22,
247:24, 248:9,
249:7, 250:7,
250:13, 255:9,
265:23, 265:24,
266:4, 266:5, 266:8,
267:15, 267:16,
268:14, 269:19,
269:20, 270:2,
271:14, 271:20,
272:18, 272:22,
273:24, 276:18,
280:20, 280:23,
280:24, 281:8,
282:22, 302:8,
306:16, 307:8,
322:21, 322:22,
322:23, 323:2,
327:11, 327:25
Property [1] - 27:10
property's [1] - 75:1
proposal [a] - 9:5,
9:21, 22:18, 179:10
Proposals [1] - 327:3
proposed [21] - 9:12,
9:15, 12:17, 13:2,
14:7, 20:6, 22:17,
26:23, 27:7, 28:6,
44:11, 48:14, 55:15,
69:19, 95:16, 119:1,
202:16, 204:23,
241:20, 277:4, 328:2
prospective [2] -
85:20, 300:22
prosperity [1] - 13:13
prostatectomies [1] -
213:13
prostatectomy [1] -
216:18
protect [16] - 13:7,
125:17, 125:24,
130:11, 134:13,
136:18, 182:21,
198:1, 199:21,
202:8, 230:4, 235:7,
237:12, 270:19,
271:6, 295:19
protected [4] -11:25,
125:21, 125:22,
206:8
protecting [7] - 10:24,
11:1, 11:14, 121:5,
134:19, 230:1, 323:7
protection [2] -
270:14, 323:6
protections [2] -
136:13, 136:17
protects [3] - 19:17,
28:9, 237:10
protein [1] - 171:16
proud [2] - 56:17,
90:23
prove [1] - 80:19
proved [1] - 23:19
provide [19] - 17:23,
45:10, 45:11, 50:4,
53:9, 54:17, 59:18,
64:4, 114:13, 118:7,
133:10, 136:8,
Dauster I Murphy
303.522.1604
144:14, 148:12,
155:20, 221:9,
273:24, 277:4,
327:25
provided [22] - 14:17,
17:22, 44:17, 44:22,
44:23, 44:24, 46:13,
52:12, 86:22, 87:2,
90:8, 95:16, 134:1,
149:24, 178:16,
189:13, 224:5,
252:11, 267:7,
267:9, 272:19,
272:24
PROVIDED [1] - 1:8
provides [14] - 12:14,
39:25, 57:9, 60:6,
60:7, 60:14, 65:9,
65:13, 72:22, 76:20,
92:13, 134:2,
223:24, 248:17
providing [5] - 9:13,
10:11, 27:5, 56:12,
109:18
proving [1] - 162:18
provision [2] - 32:8,
241:25
provisions [4] - 70:6,
242:23, 242:25,
305:16
proximity [6] - 19:15,
27:16, 48:18, 49:2,
67:20, 70:1
prudent [1] - 129:1
Pryor 0] - 124:6
psychoacoustics [1] -
289:16
PTOs [1] - 285:8
public [46] - 2:9, 5:3,
5:4, 5:5, 5:14, 5:15,
5:22, 6:10, 6:12,
6:14, 12:11, 12:13,
12:18, 63:19, 88:14,
103:22, 103:24,
104:3, 123:24,
124:20, 125:18,
163:18, 163:19,
168:13, 168:18,
186:24, 192:8,
195:1, 203:5, 204:4,
206:18, 209:18,
213:1, 225:13,
225:22, 228:7,
236:2, 238:6, 238:7,
238:8, 238:11,
239:18, 261:18,
325:21, 326:5
Public [9] - 2:21,
17:14, 17:21, 39:9,
Page 367
39:15, 207:24,
327:21, 331:3,
331:19
public's [1] - 13:8
publicly [2] - 43:18,
44:1
published [1] - 3:22
PUD [4] - 66:18,
178:9, 178:10,
178:20
PUD-mixed [1] - 178:9
PUD-MU [2] - 178:10,
178:20
pull [3] - 284:24,
292:23, 294:6
pulled [1] - 305:1
pulling [3] - 198:5,
276:12, 293:1
pulls [1] - 220:13
pumps [3] - 188:12,
284:16, 284:17
purchase [1] - 103:8
purchased [6] - 55:16,
102:2, 103:10,
103:14, 107:3,
197:13
purported [1] - 138:12
purpose [2] - 130:15,
242:12
purposely [1] - 315:21
purposes [5] - 138:23,
243:10, 249:5,
265:16, 272:20
pursued [1] - 37:2
pursuing [1] - 131:13
pursuit [1] - 15:13
purview [2] - 299:15,
301:2
pushing [1] - 319:18
put [41] - 5:24, 6:17,
29:7, 35:6, 45:16,
61:1, 63:11, 78:12,
89:11, 90:21, 93:9,
96:10, 98:4, 100:3,
108:1, 130:2,
150:18, 152:12,
154:16, 156:8,
156:9, 156:22,
158:19, 229:24,
240:25, 242:24,
244:16, 258:11,
288:6, 291:15,
295:9, 297:2,
302:12, 306:24,
308:13, 315:22,
321:22, 325:25,
326:1, 326:15
putting [6] - 51:3,
96:18, 98:10,
Weld County Board of Commissioners
7/22/2020
116:10, 153:21,
188:23, 271:18,
324:6
Q
QR [1] - 89:11
quagmire [1] - 314:14
qualification [1] -
287:8
qualifications N-
252:12, 287:5,
324:5, 324:7
qualified [1] - 288:18
qualifies [1] - 64:11
quality [24] - 44:25,
73:10, 80:21, 80:23,
80:24, 82:4, 82:16,
82:23, 83:3, 98:21,
99:6, 208:3, 214:20,
234:6, 234:8,
234:17, 235:16,
245:15, 268:25,
269:25, 270:13,
270:17, 270:22
Quality [1] - 265:17
quandary [1] - 314:9
quantities [2] - 98:20,
98:21
quarter [8] - 3:14,
3:15, 3:16, 6:5, 22:4,
152:9, 198:15,
251:16
quarter -mile [2] -
22:4, 251:16
quarterly [2] - 214:22,
215:13
quarters [3] - 84:14,
91:21, 215:2
quasi [2] - 125:10,
142:4
quasi-judicial [2] -
125:10, 142:4
questionable [1] -
298:22
questions [441- 30:18,
30:23, 31:15, 35:23,
39:20, 39:22, 41:20,
42:11, 43:22, 45:2,
45:23, 49:12, 69:16,
73:22, 77:22, 79:17,
79:18, 92:24,
103:18, 112:24,
121:13, 129:11,
141:20, 173:21,
180:9, 183:10,
238:3, 239:7,
239:12, 239:21,
240:5, 242:4,
252:10, 252:24,
262:17, 275:15,
275:19, 275:20,
286:20, 288:25,
291:11, 304:13,
306:10, 319:4
quick [8] - 144:25,
155:8, 173:11,
200:20, 200:21,
207:17, 209:8,
215:23
quickly [8] - 4:24,
89:16, 107:16,
147:3, 149:14,
149:15, 159:13,
281:16
quiet [4] - 260:2,
260:3, 261:24
quite [8] - 97:3, 98:1,
142:17, 164:6,
169:17, 239:3,
259:5, 305:12
quiz [1]-276:8
quote [5] - 121:1,
159:16, 196:17,
203:12, 242:8
quote/unquote [11 -
120:14
quotes [1] - 237:11
R
race [1] - 245:8
racing [2] - 245:5
radar [1] - 37:18
Ragonetti [1] - 43:15
Rail [129] - 3:10, 7:23,
17:14, 43:16, 46:7,
49:16, 49:23, 49:25,
50:5, 52:8, 53:24,
53:25, 54:2, 54:6,
54:8, 54:13, 54:14,
54:23, 55:17, 56:11,
56:24, 57:2, 57:8,
57:14, 57:19, 57:24,
58:2, 58:5, 58:9,
58:13, 61:1, 70:24,
71:4, 74:6, 74:9,
80:2, 80:3, 80:21,
81:3, 81:8, 82:5,
82:20, 83:2, 85:6,
85:10, 86:2, 89:2,
89:9, 89:11, 89:16,
89:18, 89:22, 90:3,
90:6, 90:22, 91:3,
93:19, 96:7, 102:8,
120:7, 126:10,
128:17, 128:18,
129:19, 129:21,
130:6, 131:4,
131:13, 132:2,
132:5, 133:24,
134:5, 134:9,
136:20, 139:4,
139:16, 140:16,
140:21, 140:25,
142:21, 159:15,
161:2, 161:16,
161:20, 164:19,
165:3, 165:17,
169:2, 169:12,
172:19, 174:13,
177:21, 179:16,
192:22, 196:3,
197:21, 199:8,
204:23, 206:12,
215:12, 215:20,
220:14, 221:4,
231:11, 231:14,
232:3, 241:8, 241:9,
245:18, 248:17,
253:11, 261:8,
264:22, 265:4,
267:17, 267:19,
268:3, 268:11,
269:6, 270:7,
270:10, 271:11,
272:9, 273:12,
274:14, 282:11,
301:16, 306:15
RAIL [1] - 2:6
rail [95] - 14:11, 16:18,
18:12, 19:10, 19:12,
19:15, 20:19, 21:17,
21:25, 22:2, 22:9,
22:13, 22:20, 23:14,
26:11, 26:20, 27:15,
27:19, 27:21, 29:10,
29:11, 36:19, 48:18,
48:19, 49:19, 51:10,
54:14, 55:3, 57:6,
57:18, 59:8, 60:1,
60:14, 60:22, 61:2,
61:4, 63:13, 63:20,
68:18, 69:23, 69:24,
70:1, 75:5, 77:14,
90:7, 90:8, 94:9,
94:20, 94:23, 94:25,
95:1, 95:3, 95:7,
96:20, 97:19, 98:13,
98:20, 99:8, 99:17,
100:3, 102:6, 102:7,
105:15, 106:8,
106:14, 106:20,
107:7, 113:13,
113:22, 126:23,
126:25, 127:19,
129:9, 137:22,
143:9, 240:18,
Dauster I Murphy
303.522.1604
240:22, 240:24,
248:2, 252:7,
260:13, 262:1,
304:1, 306:8,
306:11, 306:13,
306:16, 306:17,
306:20, 308:23,
308:25, 316:20,
317:1
Rails [16] - 45:21,
46:7, 55:22, 61:17,
86:10, 86:13, 90:17,
109:12, 129:4,
136:1, 136:14,
173:3, 297:14,
298:1, 298:3, 306:19
rail -dependent [1] -
36:19
rail -oriented [1] -
21:25
rail -related [1] - 304:1
rail -serve [1] - 99:8
rail -served [4] - 48:18,
60:22, 69:23, 248:2
railcars [3] - 90:4,
96:20, 231:7
Railroad [1] - 69:23
railroad [56] - 14:1,
18:20, 18:25, 25:9,
25:20, 25:21, 30:4,
33:12, 47:9, 49:3,
49:6, 49:17, 49:21,
54:12, 64:9, 69:22,
71:25, 72:6, 74:6,
74:23, 74:25, 75:9,
77:18, 86:19, 86:24,
92:21, 93:6, 93:20,
108:5, 108:8,
108:19, 128:20,
128:23, 143:14,
161:9, 180:7, 214:6,
260:6, 260:7, 260:8,
262:6, 262:7, 305:1,
305:18, 305:21,
306:3, 306:13,
308:21, 309:20,
309:21, 313:12,
314:2, 314:16,
316:11, 316:12
railroad -related [1] -
18:25
railroads [31] - 27:12,
29:24, 34:25, 35:1,
47:7, 49:9, 56:21,
57:10, 71:23, 74:25,
93:6, 93:7, 93:13,
136:4, 136:6,
240:20, 242:24,
248:10, 254:17,
Page 368,
263:22, 305:18,
305:20, 305:22,
306:1, 309:3,
309:23, 313:16,
313:20, 313:22,
313:23
rails [2] - 68:14, 98:11
railway [2] - 102:7,
283:20
raised [17] - 70:3,
73:18, 80:9, 81:17,
82:4, 127:22, 128:8,
182:18, 222:19,
233:23, 241:7,
243:8, 243:15,
247:12, 252:10,
263:4, 263:13
ran [2]- 192:25, 194:9
ranch [3] - 160:3,
188:2, 250:3
Ranch [18] - 56:2,
76:15, 77:4, 88:8,
91:18, 124:13,
153:3, 153:8,
153:12, 153:15,
166:6, 167:15,
175:20, 176:12,
179:6, 249:11,
250:16, 268:24
Randy [1] - 221:1
Range [10] - 3:17,
23:25, 52:11, 54:19,
55:2, 55:9, 58:21,
110:3, 202:25, 250:6
range [4] - 10:10,
63:7, 120:24, 258:1
rapidly [2] - 180:24,
224:20
rate [2] - 161:21,
161:22
rates [1] - 161:18
rather [16] - 10:23,
21:3, 23:15, 23:22,
24:11, 98:13, 140:6,
204:15, 205:19,
232:14, 273:6,
286:9, 307:12,
326:25, 327:20,
328:19
ratio [1] - 151:1
rationale [1] - 10:11
RE[1]-2:3
re [1] - 243:2
RE -2803 [1] - 3:14
re -zonings [1] - 243:2
reach [5] - 10:5,
10:12, 55:14, 128:7,
197:24
reached [3] - 52:15,
Weld County Board of Commissioners
7/22/2020
116:8, 117:15
reaching [1] - 10:8
reactive [2] - 163:11,
236:16
read [9] - 4:22,
159:18, 163:9,
163:11, 202:4,
242:8, 261:12,
265:9, 294:19
readily [2] - 12:19,
221:13
reading [1] - 265:1
readings [2] - 40:15,
166:16
reads [1] - 264:20
ready [2] - 98:1,
325:24
real [05] - 4:24, 83:15,
83:16, 104:19,
104:22, 105:21,
124:23, 141:12,
159:4, 162:16,
173:11, 184:9,
186:12, 226:11,
250:12
reality [6] - 175:6,
175:11, 205:19,
205:21, 207:10,
235:4
realize [3] - 44:3, 79:6,
100:1
really [73] - 38:14,
49:13, 58:17, 59:17,
69:11, 70:17, 70:22,
71:2, 71:10, 71:25,
72:11, 73:14, 73:19,
74:10, 78:2, 80:12,
81:15, 82:15, 83:6,
84:17, 91:21, 93:4,
93:23, 98:20, 99:1,
99:6, 102:14,
121:22, 144:22,
155:2, 155:6,
156:11, 157:22,
162:16, 170:13,
175:8, 176:8, 177:2,
184:8, 186:19,
195:13, 202:14,
214:13, 217:22,
218:2, 220:18,
228:2, 230:4,
231:12, 239:12,
240:2, 240:3,
240:11, 243:12,
248:21, 272:2,
281:15, 282:25,
288:21, 300:4,
300:18, 301:13,
301:21, 313:25,
315:11, 319:6,
320:10, 329:3, 330:5
reapply [1] - 186:10
reason [13] - 48:16,
98:11, 102:8,
142:24, 145:5,
168:3, 170:13,
174:20, 193:23,
224:4, 238:24,
239:1, 239:2
reasonable [7] - 14:2,
85:19, 85:21,
132:13, 274:23,
285:18, 296:12
reasonably [1] -
271:12
reasoning [2] - 4:21,
290:22
reasons [5] - 5:21,
126:8, 315:18,
315:20, 323:14
rebut [3] - 137:1,
200:11, 220:18
receive [3] - 23:9,
110:20, 111:1
received [17] - 4:2,
12:9, 16:11, 18:23,
51:8, 61:17, 89:15,
110:1, 111:3, 142:2,
301:15, 303:1,
303:5, 303:9,
303:11, 304:8
Receiver[1] - 282:20
recent [7] - 8:2, 42:18,
42:23, 120:8, 167:2,
167:14, 200:5
recently [1 0] - 125:5,
150:17, 166:3,
166:6, 167:3,
170:18, 217:5,
229:24, 291:14,
301:10
Reception [2] - 17:1,
39:17
receptor[1] - 282:20
Recess [3] - 123:9,
209:13, 238:17
recess [5] - 104:6,
123:8, 209:12,
238:15
reclaim [pi - 222:1
reclassification [1] -
121:25
recognition [2] -
12:24, 63:9
recognize [7] - 18:19,
63:11, 90:24,
125:12, 206:11,
313:12, 321:7
recognized [3] -
65:12, 110:3, 110:6
recognizes [5] -
62:14, 64:19, 65:5,
65:8, 65:14
recognizing [ii -
314:16
recommend [4] - 21:3,
158:20, 219:5,
229:13
recommendation [9] -
21:7, 21:14, 28:25,
62:4, 68:5, 70:2,
208:22, 326:8,
326:10
recommendations [1]
- 70:19
recommended [5] -
18:17, 33:14,
109:19, 110:1,
326:15
reconvene [4] - 3:3,
123:11, 209:17,
238:19
record [26] - 3:4, 4:15,
4:20, 6:17, 12:3,
23:21, 43:5, 43:24,
44:4, 52:23, 78:17,
104:12, 107:4,
109:10, 114:9,
119:23, 123:12,
142:16, 144:25,
159:16, 264:20,
265:9, 319:23,
321:22, 326:1, 327:6
recorded [3] - 3:13,
16:25, 166:13
RECORDED [2] - 1:3,
1:5
Recording [1] -
330:11
recording [10] - 2:8,
166:5, 194:2, 194:8,
194:10, 252:18,
259:20, 262:5,
331:5, 331:9
recovery [1 ] - 208:8
red [8] - 66:8, 66:15,
68:2, 84:4, 84:5,
154:10, 176:14,
246:23
redacted [1] - 23:23
REDLIN [4] - 189:8,
191:15, 192:2, 192:5
Redlin [1] - 189:8
redo [1] - 220:13
reduce [4] - 90:5,
90:11, 148:24, 262:2
reduces [5] - 59:16,
Dauster I Murphy
303.522.1604
60:8, 60:12, 60:24
reducing [2] - 19:12,
24:23
reduction [1] - 18:16
reductions [1] - 83:12
redundant [1] - 231:9
refer[2] - 163:19,
169:19
reference [2] - 73:13,
208:23
referenced [1] -
274:12
referral [5] - 14:9,
14:25, 16:3, 21:1,
22:11, 22:18, 27:3,
133:25
referrals [1] - 11:16
referred [2] - 8:9,
302:17
referring [1] - 191:25
refers [1] - 179:5
reflect [5] - 3:4, 13:1,
78:3, 123:12, 219:13
reflected [2] - 71:14,
246:22
reflects [2] - 273:9,
273:17
regard [1] - 8:11
regarding [7] - 27:3,
53:11, 198:21,
264:6, 271:24,
303:4, 303:9
regardless [4] - 65:24,
100:23, 198:22,
325:20
regards [1] - 297:23
region [6] - 52:14,
60:3, 61:15, 105:8,
106:4, 107:6
regional [5] - 13:24,
22:2, 23:11, 62:5,
62:6
Registered [2] -
331:2, 331:19
regular [1] - 286:23
regulate [12] - 22:20,
49:9, 58:7, 79:23,
128:22, 129:21,
140:18, 240:20,
240:24, 260:8,
263:22, 305:25
regulated [16] - 17:11,
32:23, 37:6, 47:9,
49:22, 56:22, 57:11,
80:12, 80:15, 93:19,
94:2, 260:7, 260:10,
275:4, 306:4, 309:22
regulates [5] - 76:3,
93:4, 93:6, 93:19
Page 369
regulating [1] - 93:13
regulation [17] - 7:24,
17:10, 33:11, 47:19,
50:3, 56:23, 79:20,
92:20, 92:21, 241:2,
254:16, 260:13,
265:19, 307:2,
308:21, 312:21,
314:8
regulations [14] -
10:1, 12:23, 13:5,
13:6, 58:12, 130:17,
130:24, 242:15,
242:17, 242:18,
245:2, 245:15,
254:17, 275:7
regulators [1] - 81:4
rehear [1] - 53:13
Reid [1] - 2:17
REID [4] - 3:8, 191:14,
199:22, 215:22
reimpose [1] - 57:24
reiterate [1] - 153:20
reject 0] - 206:13
rejected [1] - 181:7
relate [2] - 20:11,
40:20
related [18] - 4:10,
11:18, 12:21, 18:25,
19:13, 23:5, 28:2,
75:3, 89:22, 93:14,
95:2, 124:23,
124:25, 127:23,
169:24, 304:1,
306:17, 306:20
relating [2] - 22:17,
69:12
relationship [1] -
270:9
relayed [1] - 11:20
release [1] - 295:4
released [1] - 295:2
releases [1] - 81:24
relevancy [1] - 142:25
relevant [1] - 311:12
reliable [1] - 137:25
relied [2] - 138:1,
138:23
relieve [4] - 99:13,
126:7, 130:16,
242:14
relieved [1] - 242:18
relocate [1] - 196:5
rely [1] - 130:23
relying [1] - 139:3
remain [6] - 22:9,
76:10, 129:10,
129:13, 141:19
remains [2] - 89:18,
Weld County Board of Commissioners
7/22/2020
126:20
remanded [1] - 220:12
remarkable [2] -
43:20, 220:5
remarks [1] - 46:12
remedy [1] - 53:5
remember [9] - 33:4,
66:2, 126:15,
176:25, 198:25,
200:10, 208:23,
323:5, 325:14
remembered [1] -
266:21
remembers [1] - 187:8
remind [1] - 167:12
remote [1] - 19:17
remotely [1] - 179:9
removal [1] - 101:17
remove [6] - 99:16,
140:5, 145:3,
145:14, 179:23,
252:4
RENFROE [1] -
233:20
Renfroe [1] - 233:22
renovated [1] - 156:12
rent [1] - 202:22
rental [1] - 75:1
Reorganized [1] -
11:16
repair[1] - 225:7
repaired [1] - 265:7
repeat [3] - 67:15,
209:25, 235:9
repeated [1] - 196:18
repeating [2] - 209:22,
226:25
replace [2] - 38:2,
99:15
replenished 01-
267:2
Report [1] - 158:3
report [39] - 44:18,
44:22, 69:25, 70:13,
135:6, 148:21,
149:7, 151:23,
158:3, 159:11,
159:15, 159:18,
163:9, 163:10,
176:1, 176:18,
178:23, 184:18,
185:1, 204:8,
204:13, 205:12,
205:24, 208:21,
208:24, 214:21,
215:3, 215:5,
252:22, 259:13,
262:24, 269:25,
270:8, 271:22,
272:18, 284:7,
295:9, 303:17, 304:4
reported [1] - 23:17
Reporter[2] - 331:3,
331:19
reporting [1] - 213:24
reports [3] - 81:5,
149:17, 296:4
represent [6] - 43:16,
123:3, 124:6,
124:10, 138:18,
148:15
representations [1] -
139:20
representative [4] -
2:20, 2:21, 2:23,
262:15
representatives [1] -
20:9
represented [4] - 43:3,
46:3, 46:7, 138:14
representing [3] -
109:6, 114:10,
206:25
represents [1] -
162:17
request [31] - 3:10,
9:17,11:5,11:11,
13:15, 23:4, 23:23,
27:24, 40:3, 40:23,
44:8, 68:25, 95:18,
105:1, 105:13,
110:20, 125:13,
126:2, 126:3,
131:21, 133:15,
138:24, 181:6,
216:21, 220:21,
275:25, 276:23,
276:24, 308:1,
322:24, 328:8
requested [3] - 7:12,
39:12, 45:17
requesting [4] - 7:3,
45:6, 45:11, 240:18
requests [4] - 11:15,
124:22, 125:11,
131:1
require [17] - 8:23,
17:9, 19:3, 25:7,
32:24, 140:4,
165:12, 216:14,
216:17, 224:12,
224:15, 269:1,
272:14, 276:19,
299:18, 300:9
required [13] - 18:2,
28:21, 34:13, 40:17,
60:17, 64:5, 89:4,
142:12, 163:22,
215:4, 265:17,
298:14, 305:13
requirement [10] -
37:11, 144:19,
165:20, 173:4,
197:1, 214:22,
281:14, 283:6,
327:22, 328:4
requirements [25] -
8:7, 9:15, 17:24,
27:6, 42:8, 51:16,
58:11, 64:3, 73:10,
73:11, 76:6, 82:19,
83:2, 87:24, 93:11,
137:18, 163:13,
163:22, 163:25,
164:13, 165:24,
166:1, 276:17,
326:18, 328:1
requires [11] - 22:13,
53:4, 59:1, 59:13,
59:20, 72:9, 206:13,
224:12, 245:7,
276:4, 307:9
requiring [3] - 39:15,
52:7, 170:19
research [2] - 158:3,
215:9
reserves [3] - 97:14,
97:19, 100:10
reservoir[2] - 22:25,
30:2
reside [2] - 210:6,
211:7
residence [1] - 25:21
residences [2] -
18:18, 23:1
resident [5] - 85:19,
120:1, 121:2, 172:3,
217:2
residential [82] - 11:9,
18:2, 21:11, 21:19,
22:23, 23:8, 24:6,
24:7, 25:3, 25:10,
25:14, 25:19, 25:25,
26:4, 26:6, 26:13,
56:2, 62:13, 62:19,
66:16, 66:23, 67:1,
71:16, 71:19, 75:20,
78:25, 79:14, 83:12,
83:24, 86:23, 86:25,
87:4, 87:20, 91:13,
93:9, 99:12, 105:25,
110:6, 113:18,
128:1, 131:16,
132:16, 132:20,
133:19, 135:8,
135:11, 135:15,
135:22, 135:25,
Daus ter I Murphy
303.522.1604
137:17, 145:7,
145:23, 147:7,
147:15, 147:17,
152:20, 159:10,
164:24, 165:24,
177:11, 178:14,
178:18, 184:17,
204:10, 221:10,
247:8, 247:19,
247:22, 248:16,
251:16, 253:18,
256:22, 257:4,
257:25, 258:8,
279:21, 280:2,
280:4, 280:13,
309:12, 318:10
residents [9] - 72:3,
85:12, 122:4,
122:16, 124:7,
124:10, 138:9,
173:1, 197:25
residents' [1] - 72:4
resistance [1] - 205:4
resolution [6] -
114:11, 120:9,
129:2, 185:9,
300:22, 320:23
Resolution [2] -
109:11, 120:13
resolve [2] - 61:14,
144:15
resolved [6] - 129:6,
129:8, 170:25,
199:12, 233:4,
241:16
resonating [1] - 227:8
resource [4] - 198:6,
221:15, 320:13,
320:15
resources [4] - 58:20,
99:14, 198:6, 228:16
respect [16] - 11:6,
47:14, 90:10,
100:17, 105:11,
110:11, 116:4,
117:9, 121:4,
122:20, 158:17,
180:8, 243:17,
256:3, 261:25,
273:22
respectful [1] - 11:13
respectfully [6] -
95:18, 120:9, 121:9,
143:1, 144:13,
158:11
respecting [1] -
134:22
respective [2] - 79:7,
303:23
Page 370
respects [1] - 11:10
respiratory [e] -
171:24, 173:1,
203:21, 295:12,
295:19, 297:17,
297:23, 298:4
respond [7] - 45:1,
45:4, 89:24, 239:11,
240:4, 282:4, 303:15
responded [3] - 11:18,
11:23, 89:16
responding [2] -
240:9, 306:9
response [ii] - 15:8,
21:2, 22:12, 22:18,
44:7, 44:18, 82:3,
133:25, 163:9,
192:18, 277:7
responses [2] - 16:11,
239:17
responsibility [2] -
10:23, 112:16
responsible [i] -
11:22
rest [10] - 69:8, 73:12,
84:1, 154:1, 175:25,
176:15, 194:12,
251:5, 273:8, 288:25
Restasis [1] - 218:17
restate [1] - 4:21
restrained [1] - 168:4
restrict [1] - 50:9
restricting [1] - 19:16
restriction [1] - 178:19
restrictions [7] -
126:8, 130:17,
130:20, 145:15,
168:15, 177:1,
242:14
restrictive [1] - 198:14
resubmit [1] - 183:21
result [12] - 16:25,
71:22, 81:1, 82:7,
131:15, 133:21,
140:3, 161:12,
172:21, 180:19,
196:20, 298:5
resulted [1] - 88:13
results [2] - 88:24,
214:16
resume [0] - 123:24
retail [3] - 56:6, 62:18,
87:19
retired [5] - 210:5,
211:7, 213:5, 227:1
retirees [1] - 198:2
return [5] - 6:15, 53:8,
58:2, 101:21, 209:15
returned [3] - 21:6,
Weld County Board of Commissioners
7/22/2020
22:11, 129:15
revealed [1] - 272:7
revenue [2] - 157:10,
157:12
reversal [2] - 53:1,
140:4
reverse [1] - 51:24
reversed [2] - 52:16,
127:9
review [45] - 7:16,
8:21, 8:22, 12:15,
17:8, 17:9, 18:3,
18:4, 20:5, 22:15,
31:17, 31:18, 31:22,
32:4, 32:21, 32:25,
34:10, 34:11, 34:19,
37:5, 40:5, 40:17,
44:5, 47:22, 51:25,
52:17, 62:3, 72:20,
78:22, 80:7, 83:15,
118:18, 119:20,
120:4, 120:19,
126:17, 133:4,
154:15, 182:5,
249:13, 249:20,
249:22, 276:5, 300:8
reviewed [4] - 39:18,
72:22, 89:22, 121:15
reviewers [1] - 249:14
reviews [7] - 133:6,
249:1, 249:10,
249:17, 250:12,
300:2, 300:10
Revised [5] - 152:18,
163:15, 163:22,
164:3, 165:12
revised [1] - 113:7
revisions [1] - 39:19
revisit [1] - 116:11
revoked [1] - 304:22
revolves [1] - 218:14
Rez.Church [1] -
175:18
rezone [6] - 40:3,
129:22, 145:7,
207:18, 220:17,
223:11
rezoned [1] - 65:1
rezoning [53] - 9:17,
18:24, 20:6, 27:24,
48:23, 50:25, 68:12,
68:22, 79:22, 92:3,
94:4, 105:1, 105:13,
107:15, 109:13,
120:10, 121:10,
124:18, 124:22,
125:5, 125:7,
125:10, 125:13,
126:2, 129:2,
131:13, 131:14,
131:22, 133:14,
134:17, 135:1,
135:7, 135:19,
137:2, 138:24,
139:5, 140:22,
141:5, 143:22,
144:16, 165:2,
173:5, 182:4, 197:2,
206:15, 220:22,
225:18, 231:13,
231:21, 258:12,
277:1, 306:24, 307:4
rhetorical [3] - 112:25,
119:7, 283:19
RHOADES [1] -
216:25
Rhoades [1] - 217:1
Rich [1] - 200:17
rid [2] - 85:15, 182:11
Ridge [2] - 122:17,
273:5
ridge [1] - 122:17
ridiculed [1] - 236:9
ridiculous [1] - 101:22
riding [1] - 226:21
rights [21] - 10:17,
10:22, 10:23, 11:2,
13:8, 16:1, 47:13,
70:10, 122:22,
125:25, 130:23,
193:15, 198:2,
205:22, 206:7,
206:11, 211:22,
322:21, 322:22,
323:2
ripe [1] - 65:15
ripple [2] - 130:7,
133:21
rise [1] - 195:15
risk [8] - 127:7,
131:11, 138:5,
140:2, 141:1,
172:20, 199:4,
295:19
road [19] - 14:14, 19:3,
19:13, 27:14, 28:8,
39:13, 39:16, 56:5,
59:20, 96:17, 97:24,
100:3, 191:5,
221:10, 223:8,
233:8, 233:9,
233:11, 285:18
Road [51] - 3:19, 7:6,
7:7, 7:10, 7:11,
14:13, 21:16, 21:24,
22:10, 27:14, 29:16,
29:17, 29:18, 29:23,
30:5, 30:7, 30:15,
39:11, 39:12, 59:23,
61:6, 64:8, 65:2,
65:4, 76:16, 91:19,
96:1, 120:11,
120:12, 148:3,
153:6, 158:25,
168:24, 189:9,
189:10, 191:6,
192:6, 195:6,
222:16, 231:8,
246:5, 246:11,
246:16, 246:17,
273:5, 273:6,
273:10, 282:7,
316:25
roads [16] - 14:12,
55:7, 56:4, 60:24,
97:11, 99:16, 99:23,
108:13, 175:9,
265:24, 266:1,
266:2, 268:6,
271:19, 302:21,
327:24
roadways [1] - 282:25
roasts [1] - 226:21
Robb [1] - 189:8
Robinson [1] - 43:14
robot [1] - 213:12
robust [1] - 201:3
rock [2] - 233:6,
259:18
ROCK [11-2:6
Rock [142] - 3:10,
7:23, 43:16, 45:21,
46:6, 46:7, 49:16,
49:23, 49:25, 50:5,
52:8, 53:24, 53:25,
54:2, 54:6, 54:8,
54:12, 54:13, 54:23,
55:16, 55:17, 55:22,
56:11, 56:23, 57:2,
57:8, 57:14, 57:19,
57:23, 58:1, 58:5,
58:9, 58:13, 61:1,
61:17, 70:24, 71:4,
74:6, 74:9, 80:2,
80:3, 80:21, 81:2,
81:8, 82:5, 82:19,
83:2, 85:5, 85:10,
86:2, 86:10, 86:13,
89:2, 89:9, 89:11,
89:16, 89:18, 89:21,
90:3, 90:6, 90:17,
90:22, 91:3, 93:19,
96:7, 102:8, 109:12,
120:7, 126:9,
128:17, 128:18,
129:4, 129:19,
129:21, 130:6,
Dauster IMurphy
303.522.1604
131:4, 131:13,
132:2, 132:5,
133:24, 134:5,
134:9, 136:1,
136:14, 136:20,
139:4, 139:16,
140:16, 140:21,
140:25, 142:21,
159:15, 161:2,
161:15, 161:19,
164:19, 165:3,
165:17, 169:2,
169:12, 172:19,
173:3, 174:13,
179:15, 192:22,
196:2, 197:21,
199:8, 204:23,
206:12, 215:11,
215:19, 220:13,
221:4, 231:11,
231:14, 232:3,
241:8, 241:9,
245:18, 248:16,
253:10, 261:8,
264:22, 265:4,
267:17, 267:19,
268:3, 268:10,
269:6, 270:7,
270:10, 271:11,
272:9, 273:12,
274:13, 282:11,
297:14, 298:1,
298:3, 301:16,
306:19
Rockin' [18] - 76:14,
77:3, 88:8, 91:18,
124:13, 153:2,
153:8, 153:12,
153:15, 166:6,
167:15, 175:20,
176:12, 179:5,
191:4, 249:11,
250:16, 268:24
rocks [2] - 99:2, 99:4
Rocky [1] - 251:6
role [5] - 20:19,
208:20, 302:2,
319:10, 319:11
Ron [1]-210:4
Ronnie [1] - 195:5
room [5] - 189:19,
189:24, 259:23,
259:25, 325:6
ROSS [88] - 35:24,
38:20, 38:25, 39:5,
42:12, 42:16, 42:22,
42:24, 110:16,
110:19, 110:24,
111:2, 111:12,
Page
111:16, 111:21,
111:24, 114:1,
115:15, 115:22,
116:8, 116:21,
117:22, 118:1,
118:10, 118:17,
119:2, 123:2,
183:11, 183:14,
186:21, 191:20,
191:23, 192:7,
222:15, 231:23,
291:9, 292:8,
292:11, 293:8,
293:12, 293:25,
294:8, 294:11,
294:23, 295:20,
295:23, 296:2,
296:9, 296:15,
297:22, 297:25,
298:6, 298:12,
298:16, 298:21,
299:5, 299:9,
299:23, 300:6,
301:6, 302:15,
302:20, 302:24,
303:21, 304:2,
304:7, 304:10,
304:12, 310:2,
310:5, 310:9,
310:14, 313:10,
313:15, 313:18,
314:1, 314:5,
314:19, 318:19,
318:24, 319:2,
319:5, 319:9,
328:21, 329:4,
329:7, 329:12,
329:15
Ross [9] - 2:15, 35:23,
113:25, 115:14,
222:16, 231:23,
291:8, 304:3, 329:19
roughly [2] - 83:23,
106:19
route [2] - 240:6,
303:10
routes [1] - 22:14
routine [1] - 297:16
Royal [1] - 104:16
RPR [1] - 1:9
rule [3] - 255:4,
255:25, 283:11
ruled [9] - 127:13,
128:5, 128:9,
129:11, 131:10,
150:19, 156:5,
164:12, 241:15
rules [9] - 9:25, 33:15,
49:24, 50:4, 92:5,
371
Weld County Board of Commissioners
7/22/2020
129:3, 220:11,
275:5, 298:24
ruling [1] - 128:14
run [5] - 43:11,
170:21, 220:1,
285:11, 302:9
rundown [1] - 154:21
running [7] - 52:10,
148:8, 173:18,
250:10, 256:25,
285:6, 285:7
runoff [1] - 76:3
runs [2] - 135:2,
249:14
rural [3] - 19:17,
64:22, 155:20
Russian [3] - 161:6,
161:13, 161:21
Ryan [1] - 104:16
RZR [1] - 226:21
RZR-riding [1] -
226:21
S
sacrificing [1] -
237:17
sadly [1] - 227:11
safe [3] - 151:12,
151:24, 237:10
safest [1] - 59:9
safety [9] - 10:24,
13:9, 107:20, 208:3,
270:20, 278:21,
278:23, 279:2, 279:6
saga [1] - 101:12
sake [1] - 191:24
sale [a] - 84:3, 84:6,
84:10, 84:12, 103:1,
103:13, 273:5, 273:7
sales [11] - 83:18,
84:5, 159:21,
159:22, 160:19,
160:24, 272:21,
272:23, 273:1, 273:9
sally [1] - 119:24
Sam [2] - 96:23, 314:6
sample [1] - 214:23
samples [3] - 82:6,
214:25, 272:6
sampling [1] - 44:23
sand [1] - 199:16
Santa [1] - 54:17
sat [5] - 151:9, 193:8,
280:12, 320:21,
320:25
satisfy [2] - 173:6,
206:12
save [1] - 153:10
saved [1] - 151:6
saves [1] - 60:22
savings [2] - 221:9,
221:12
saw [14] - 65:11,
107:11, 151:17,
154:9, 178:9, 188:1,
190:8, 211:18,
231:8, 271:22,
284:20, 288:4,
303:13, 304:10
scale [3] - 22:22,
152:1, 152:3
scenario [1] - 148:25
Schaefer[i] - 104:16
schedule [3] - 192:16,
192:20, 193:3
scheme [6] - 130:12,
145:4, 145:13,
146:5, 146:15,
146:18
schemes [1] - 145:19
SCHLOTTER[i] -
204:5
Schlotter[i] - 204:6
school [2] - 223:21,
223:25
School [1] - 56:8
schools [2] - 99:11,
288:14
scientific [1] - 25:7
Scott [3] - 2:13, 38:8,
233:22
screeching [1] -
122:11
screen [3] - 35:10,
251:17, 276:20
screening [2] - 88:7,
276:16
screens [2] - 79:7,
200:2
searched [1] - 161:1
seasonal [1] - 270:4
seats [1] - 209:15
Second [1] - 125:21
second [20] - 43:8,
53:17, 57:4, 71:13,
107:23, 109:13,
122:1, 125:16,
139:15, 175:24,
187:11, 191:22,
193:7, 205:17,
208:15, 209:5,
244:3, 252:13,
302:6, 329:17
secondary [1] - 20:13
seconded [1] - 329:19
secondly [3] - 59:11,
151:3, 242:19
seconds [2] - 158:13,
262:10
Section [19] - 3:16,
9:4, 15:14, 18:5,
18:13, 27:8, 30:24,
300:3, 307:25,
317:20, 323:15,
326:4, 326:19,
327:2, 327:10,
327:17, 327:24,
328:5
section [4] - 103:11,
198:15, 198:16,
327:9
sections [1] - 323:15
sector [2] - 201:8,
225:23
sectors [1] - 56:4
see [89] - 4:7, 14:5,
15:11, 27:19, 28:19,
29:11, 29:20, 29:23,
30:10, 30:11, 32:7,
52:14, 66:10, 71:13,
79:1, 81:10, 82:6,
83:12, 84:2, 86:20,
90:18, 105:22,
108:10, 110:21,
114:3, 116:5, 118:4,
122:7, 146:15,
150:10, 150:12,
150:14, 152:25,
153:19, 155:9,
155:15, 155:17,
155:18, 156:15,
156:19, 158:9,
160:7, 161:16,
166:24, 167:15,
169:12, 170:8,
175:13, 175:16,
175:18, 175:19,
175:22, 177:3,
184:19, 185:9,
185:18, 211:19,
228:3, 229:7,
230:22, 230:23,
232:3, 232:12,
232:23, 233:9,
233:12, 233:17,
235:18, 236:22,
257:15, 260:24,
267:24, 268:20,
281:1, 287:16,
294:13, 295:15,
305:6, 305:7,
305:17, 305:21,
310:22, 316:6,
317:21, 319:21,
322:7
seeing [7] - 79:6, 79:7,
Dauster I Murphy
303.522.1604
123:7, 180:18,
231:1, 235:15, 238:7
seek [2] - 52:4, 70:10
seeking [5] - 48:15,
49:25, 51:24, 57:24,
138:3
seeks [2] - 7:22, 24:13
seem [4] - 167:17,
233:12, 250:13,
272:21
select [1] - 214:4
selected [2] - 161:6,
214:5
selective [11 - 171:15
selenium [3] - 214:20,
215:3, 215:5
self [2] - 151:23, 214:4
self -report [1] -
151:23
self-select [1] - 214:4
sell [1] - 53:23
send [1] - 241:4
sending [1] - 74:13
sends [1] - 53:6
senior [1] - 282:9
seniors [1] - 198:3
sense [14] - 4:22, 6:4,
10:9, 50:11, 108:16,
108:19, 112:13,
117:22, 144:8,
146:9, 207:18,
294:25, 316:4, 317:8
sensitive [2] - 24:21,
194:2
sent [a] - 11:15, 18:24,
20:7, 53:2, 53:3,
138:4, 210:18, 217:6
separate [2] - 131:20,
169:15
separated [1] - 25:2
separately [1] - 9:20
separation [3] - 25:4,
25:7, 86:22
septage [2] - 243:25,
244:21
September[3] -
166:22, 203:19,
261:1
septic [4] - 27:1, 40:1,
40:20, 75:17
series [1 ] - 51:12
serious [a] - 89:2,
125:7, 125:11,
125:12, 263:6,
264:13, 270:4,
273:14
serve [5] - 9:11, 26:22,
40:2, 99:8, 327:19
served [6] - 26:25,
Page 372,
48:18, 60:1, 60:22,
69:23, 248:2
Service [2] - 17:13,
28:20
service [14] - 9:10,
16:25, 26:22, 27:1,
27:3, 40:20, 54:20,
54:21, 55:4, 56:12,
233:21, 306:20,
327:18, 327:19
Services [3] - 2:19,
6:25, 17:20
services [4] - 14:1,
95:2, 221:9, 306:17
session [1] - 151:10
set [26] - 8:1, 25:5,
28:8, 42:25, 50:4,
50:7, 92:5, 95:16,
128:24, 134:6,
163:16, 183:22,
205:11, 230:16,
244:3, 247:14,
247:15, 270:18,
275:5, 290:7,
290:12, 291:19,
295:10, 295:14,
295:16, 299:13
setbacks [2] - 93:11,
307:7
sets [5] - 208:18,
287:25, 290:2,
294:20, 312:22
setting [3] - 28:17,
155:20, 249:8
settlement[2] - 274:8,
274:10
seven [3] - 13:18,
229:8, 303:4
several [26] - 23:3,
23:7, 30:9, 40:2,
51:25, 52:1, 56:8,
57:24, 60:6, 61:17,
72:25, 84:19, 100:9,
103:5, 124:7, 141:8,
150:16, 153:13,
199:15, 207:7,
212:6, 212:11,
244:22, 255:15,
292:14
severe [6] - 170:19,
172:3, 172:7,
210:14, 218:8, 227:8
sewer [5] - 9:10,
26:21, 27:2, 27:3,
327:18
shadow [1] - 140:13
SHAEFER[2] -
104:14, 107:9
shall [9] - 326:5,
Weld County Board of Commissioners
7/22/2020
326:22, 326:24,
326:25
shalls [1] - 33:22
shalt [1] - 93:9
share [5] - 81:6,
217:3, 222:11,
263:9, 321:6
shed [1] - 282:14
sheer [1] - 76:10
shelter [1] - 188:16
shoes [2] - 90:4,
231:20
shopping [1] - 99:12
short [8] - 6:1, 10:10,
148:8, 173:18,
218:7, 223:2,
239:17, 287:7
short-range [1] -
10:10
short-term [1] - 223:2
shortage [3] - 97:15,
228:24, 229:2
shorter [1] - 19:20
shortly [3] - 51:19,
78:19, 266:25
shots [1] - 217:11
shoulds [1] - 33:19
show [26] - 35:2, 37:6,
74:8, 78:7, 86:16,
87:14, 128:1, 139:1,
154:5, 155:8, 159:8,
169:9, 174:20,
175:25, 176:4,
176:14, 193:25,
213:22, 230:9,
243:18, 263:9,
263:16, 264:1,
264:3, 277:17,
277:18
showed [15] - 78:22,
174:25, 180:25,
184:14, 184:15,
184:16, 210:17,
243:18, 248:14,
248:15, 248:18,
253:23, 266:20,
278:10, 291:14
showing [1] - 131:5
shown [10] - 17:15,
29:25, 206:5, 251:4,
257:17, 266:20,
269:13, 292:17,
327:7
shows [37] - 24:2,
27:18, 55:23, 64:1,
65:20, 67:4, 67:18,
69:25, 71:9, 79:3,
79:11, 85:2, 137:18,
138:25, 173:2,
217:22, 246:19,
247:6, 247:7, 247:9,
253:15, 253:25,
254:4, 254:13,
254:20, 255:8,
256:14, 256:21,
256:25, 259:15,
267:10, 267:23,
268:4, 269:10,
278:14, 286:7, 286:8
shut [6] - 81:3,
150:24, 151:18,
211:2, 223:6, 265:5,
265:6, 311:22
shut-off [1] - 265:5
shutting [1] - 151:3
SIC [3] - 214:5, 214:8
side [11] - 165:19,
165:21, 186:16,
259:4, 260:1,
269:19, 276:18,
320:1, 320:21,
323:24
sides [10] - 4:10,
105:17, 184:5,
191:6, 322:17,
323:19, 324:10,
325:7, 325:19, 326:7
sign [6] - 89:11,
123:16, 123:19,
123:21, 325:2
sign -in [1] - 123:19
signal [1] - 166:7
signals [1] - 166:8
signed [1] - 182:14
significant [19] -
13:11, 18:22, 60:14,
63:18, 64:2, 64:4,
64:7, 77:1, 85:14,
86:21, 88:13,
120:16, 155:4,
157:10, 161:25,
178:21, 208:24,
248:5, 251:9
significantly [3] -
66:11, 126:21, 131:6
signs [2] - 7:5, 261:24
silence [2] - 182:2,
182:10
silica [2] - 196:18,
211:4
silo [4] - 78:3, 108:1,
208:8, 208:9
similar [13] - 25:9,
25:13, 25:22, 26:8,
161:1, 163:23,
167:18, 177:20,
179:9, 290:23,
302:17, 302:21,
302:24
simple [1] - 164:15
simply [4] - 6:21,
130:3, 132:6, 271:25
simultaneous [1] -
299:4
Simultaneous [1] -
286:16
single [13] - 147:22,
150:24, 170:8,
177:12, 181:18,
189:15, 227:19,
245:8, 245:9, 269:8,
275:2, 312:11,
312:12
single-family [3] -
177:12, 312:11,
312:12
sinus [3] - 172:3,
172:5, 172:6
sit [5] - 186:11,
189:14, 209:6,
213:8, 299:8
site [244] - 6:20, 7:15,
7:20, 7:23, 8:5, 8:6,
8:21, 9:11, 11:22,
12:18, 14:3, 14:10,
14:17, 14:24, 16:7,
17:8, 17:11, 17:24,
18:3, 18:9, 18:10,
20:1, 20:20, 21:17,
21:20, 22:1, 22:15,
22:17, 22:22, 24:4,
24:16, 25:16, 25:17,
26:1, 26:9, 26:11,
26:19, 26:22, 26:25,
27:13, 27:19, 28:11,
29:3, 29:4, 29:6,
29:12, 29:20, 30:1,
30:13, 30:15, 31:17,
31:18, 31:22, 32:4,
32:20, 32:24, 34:10,
34:18, 35:9, 36:18,
37:5, 37:9, 40:2,
40:5, 40:10, 40:17,
40:22, 44:24, 45:15,
48:4, 48:14, 49:1,
49:2, 49:7, 49:15,
49:24, 50:2, 50:10,
50:13, 50:16, 52:12,
53:23, 57:16, 58:8,
59:5, 59:12, 59:19,
59:22, 60:1, 60:6,
60:16, 60:18, 60:19,
60:20, 60:21, 60:23,
61:2, 61:5, 61:9,
64:6, 65:17, 69:23,
72:15, 72:22, 73:1,
73:2, 73:3, 73:18,
Dauster I Murphy
303.522.1604
74:2, 74:5, 74:10,
74:11, 74:12, 74:14,
74:15, 74:20, 74:22,
75:6, 75:9, 76:4,
76:5, 76:8, 76:18,
77:2, 77:5, 77:7,
78:18, 79:25, 80:25,
81:2, 81:4, 81:9,
81:12, 81:15, 81:21,
82:1, 82:2, 82:14,
82:16, 82:19, 86:23,
87:3, 88:25, 89:13,
89:14, 89:23, 90:16,
91:17, 91:20, 92:22,
95:5, 98:16, 102:9,
107:17, 115:1,
126:14, 129:15,
132:25, 133:5,
134:15, 135:16,
135:19, 142:21,
144:8, 144:10,
144:11, 167:3,
168:10, 182:4,
188:15, 189:11,
190:11, 192:3,
198:24, 199:7,
207:17, 241:1,
241:10, 243:11,
245:7, 251:20,
255:19, 256:17,
258:13, 260:12,
260:20, 261:1,
263:20, 263:24,
264:2, 264:5,
264:19, 264:24,
266:1, 267:20,
268:1, 268:4,
269:15, 271:10,
271:25, 272:14,
274:14, 275:1,
277:3, 277:5, 278:5,
283:18, 285:22,
286:1, 291:16,
293:10, 294:5,
294:15, 294:21,
296:3, 296:19,
297:18, 297:21,
298:5, 298:18,
300:2, 300:8,
300:10, 300:18,
301:3, 302:3, 306:5,
306:21, 307:1,
307:11, 308:13,
309:7, 309:17,
313:2, 316:19,
317:15, 327:19
site's [3] - 49:1, 70:1,
92:11
site -planning [1] -
243:11
Page 373
sites [13] - 24:21,
58:24, 59:4, 59:16,
165:10, 167:17,
200:5, 207:9, 212:6,
222:1, 224:8,
224:10, 295:21
sits [3] - 105:2, 125:9,
132:8
sitting [3] - 189:23,
203:8, 211:11
situated [1] - 230:14
situation [10] - 108:3,
109:21, 112:3,
112:6, 180:11,
233:3, 291:2,
304:18, 321:2
six [10] - 10:14, 40:13,
148:13, 152:7,
182:21, 215:2,
217:15, 218:21,
227:4, 289:14
sixth [1] - 3:17
size [11] - 9:14, 27:6,
72:14, 73:2, 152:1,
170:2, 292:19,
293:2, 293:10,
294:6, 328:1
SK [1] - 288:5
skewed [1] - 62:21
slamming [1] - 254:10
slash [1] - 282:16
sleep [1] - 230:3
slide [25] - 17:16,
27:18, 29:7, 45:8,
45:24, 46:15, 48:7,
51:4, 55:20, 55:25,
56:16, 57:12, 58:15,
58:19, 60:5, 63:15,
64:1, 65:18, 85:2,
243:17, 291:14,
292:22, 293:1,
294:7, 294:8
slides [e] - 55:21,
149:15, 174:13,
180:10, 243:9,
248:14, 263:10,
292:17
small [20] - 85:12,
96:25, 102:14,
120:5, 124:22,
130:19, 141:12,
153:2, 154:3,
154:17, 157:16,
157:22, 157:23,
160:19, 172:22,
175:20, 205:15,
225:5, 259:23, 273:7
Small [1] - 155:1
smaller [3] - 150:20,
Weld County Board of Commissioners
7/22/2020
162:8, 170:1
smell [1] - 198:25
smoke [1] - 220:7
smoker [1] - 170:13
snapshot [1] - 287:8
Snyder[2] - 2:20, 6:24
SNYDER [44] - 6:24,
7:2, 31:11, 31:23,
32:12, 32:16, 32:22,
33:8, 33:21, 34:1,
35:4, 35:7, 35:20,
36:11, 36:13, 36:16,
36:24, 37:3, 37:19,
38:2, 38:16, 38:24,
39:4, 42:19, 42:23,
42:25, 276:3,
276:10, 279:1,
279:8, 279:11,
279:14, 279:16,
280:1, 298:11,
298:13, 298:17,
298:22, 300:1,
300:7, 303:17,
303:22, 318:23,
319:1
so-called [1] - 236:10
so.. [i] - 142:13
Society [1] - 25:6
society [2] - 108:12,
108:14
software [1] - 286:3
soil [7] - 44:22, 82:6,
82:7, 82:12, 272:9,
328:14, 328:15
soils [2] - 28:2, 328:16
solar [1] - 152:5
sold [5] - 57:1, 103:5,
159:24, 160:4, 160:7
solely [3] - 12:12,
116:10, 131:13
solid [2] - 68:21, 215:5
solids [i] - 214:19
solubles [1] - 215:5
solution [6] - 183:2,
183:23, 186:2,
201:1, 257:15,
258:15
solutions [5] - 24:21,
25:7, 173:25,
183:16, 183:17
someone [6] - 90:19,
125:18, 214:23,
241:4, 307:12,
318:21
someplace [1] -
167:21
sometimes [4] -
118:20, 191:10,
289:8, 312:2
somewhere [2] -
60:10, 281:22
soon [1] - 163:2
sooner [1] - 68:18
sophisticated [1] -
184:20
sore [i] - 210:12
Sorry [1] - 111:23
sorry [23] - 15:10,
26:13, 36:7, 37:13,
91:5, 112:2, 114:2,
119:24, 141:25,
149:13, 151:8,
163:4, 176:11,
178:23, 183:4,
226:25, 237:14,
275:15, 293:8,
297:3, 302:16,
309:25, 310:7
sort [17] - 27:20,
38:13, 62:18, 62:20,
72:19, 78:2, 88:22,
112:11, 259:7,
260:16, 297:6,
297:12, 300:18,
301:2, 301:13,
302:13, 312:8
sought [3] - 53:15,
126:19, 204:18
sound [58] - 18:1,
18:14, 25:8, 32:11,
44:17, 44:19, 68:21,
78:13, 78:15, 78:17,
79:3, 87:8, 90:2,
94:21, 122:10,
194:2, 252:25,
255:4, 255:7,
255:20, 255:24,
256:21, 257:11,
257:14, 257:16,
257:19, 257:22,
258:10, 258:18,
258:21, 260:3,
260:4, 261:23,
267:12, 281:10,
281:18, 281:19,
282:1, 283:10,
283:14, 283:20,
283:25, 285:13,
285:14, 286:18,
286:21, 286:23,
288:9, 288:22,
289:10, 289:11,
289:12, 289:13,
289:14, 289:16,
289:18
sound -recording [1] -
194:2
sounds [1] - 255:7
source [5] - 185:7,
253:9, 255:17,
265:20, 266:24
sources [5] - 163:17,
255:24, 271:2,
283:11, 303:4
south [7] - 22:1,
29:10, 30:6, 35:14,
150:18, 195:20,
231:25
South [3] - 54:6,
109:7, 117:4
southeast [2] - 3:15,
66:22
southeasterly [1] -
22:8
Southern [1] - 54:21
southwest [2] - 3:14,
3:16
space [2] - 66:24,
161:9
sparked [1] - 30:22
speaker [1] - 225:13
SPEAKER [27] - 7:1,
38:7, 43:10, 148:1,
153:4, 163:1, 163:3,
192:4, 195:3, 197:8,
206:19, 209:10,
238:15, 258:25,
275:21, 280:5,
280:8, 288:21,
299:25, 313:24,
314:4, 314:18,
318:22, 322:6,
322:8, 329:1, 329:3
SPEAKERS [1] -
330:1
speakers [1] - 56:15
speaking [9] - 5:20,
84:15, 120:1,
123:18, 123:19,
176:5, 237:18,
287:4, 314:9
speaks [6] - 30:25,
61:20, 174:11,
274:20, 316:8, 316:9
special [18] - 7:16,
8:22, 17:9, 18:4,
20:5, 22:15, 47:21,
51:25, 52:17, 80:7,
126:17, 146:13,
148:10, 154:15,
182:13, 245:8,
258:18, 276:5
specialist [1] - 170:20
specially [1] - 146:14
specific [10] - 8:17,
13:1, 40:4, 52:24,
94:8, 94:10, 116:14,
auster'IMurphy
303.522.1604
147:23, 200:6,
294:14
specifically [13] -
110:25, 116:5,
135:6, 178:15,
197:13, 199:5,
224:17, 224:24,
227:2, 284:22,
306:6, 316:9, 316:22
specified [2] - 177:12,
177:13
specify [1] - 177:10
spectacular [1] -
155:20
spectral [2] - 184:21,
184:22
spectrum [2] - 185:12,
207:21
speech [3] - 18:23,
125:22, 188:1
speed [5] - 98:13,
195:17, 252:18,
262:20, 262:25
speeds [1] - 262:19
spend [3] - 85:4,
156:2, 157:12
spent [12] - 85:13,
86:2, 86:6, 102:3,
156:2, 219:14,
219:17, 234:4,
273:19, 292:1,
315:18
spewed [1] - 172:14
spewing [1] - 179:17
spikes [2] - 166:24,
254:5
spillage [1] - 24:24
spitball [2] - 299:3,
324:22
split [3] - 22:1, 28:25,
35:16
spoken [1] - 142:9
spot [23] - 126:3,
130:13, 130:19,
131:17, 131:22,
136:2, 145:1, 145:2,
167:6, 179:22,
198:12, 202:13,
241:22, 241:25,
242:4, 242:5,
242:10, 243:6,
315:25, 316:22,
317:7, 328:25
spot -zoning [17] -
130:13, 130:19,
131:17, 131:22,
136:2, 145:1, 145:2,
179:22, 198:12,
241:22, 241:25,
Page 374.
242:4, 242:5,
242:10, 243:6,
316:22, 317:7
sprawling [1] - 59:15
spray [1] - 302:20
sprayed [1] - 266:16
sprayers [1] - 81:13
springing [1] - 226:1
Springs [2] - 107:3,
212:7
spur [6] - 48:21,
51:10, 57:16, 69:24,
75:5, 127:19
square [3] - 167:24,
255:3, 255:14
squeal [2] - 190:1,
262:2
stability [1] - 130:12
staff [50] - 5:1, 7:8,
12:20, 20:18, 24:13,
28:5, 32:5, 37:20,
43:19, 68:5, 69:25,
70:13, 90:14, 90:16,
105:24, 124:14,
133:4, 135:6, 204:8,
205:12, 205:24,
208:16, 208:21,
208:24, 213:12,
213:16, 289:1,
298:17, 300:23,
301:23, 301:25,
303:17, 305:24,
307:16, 309:2,
323:11, 323:12,
323:13, 323:20,
323:22, 326:14,
326:15, 326:19,
328:12, 328:15,
329:8, 329:11,
329:22
stage [2] - 50:8,
170:14
staging [1] - 24:25
stake [1] - 231:20
stand [2] - 31:21,
189:18
standard [20] - 25:5,
28:17, 32:11, 33:14,
52:25, 79:14, 128:2,
135:21, 135:22,
150:25, 180:4,
205:11, 208:18,
248:18, 253:18,
254:21, 254:22,
254:23, 280:14,
299:13
standards [53] - 9:19,
17:22, 18:9, 27:25,
38:5, 38:12, 51:12,
Weld County Board of Commissioners
7/22/2020
51:13, 51:15, 56:25,
57:25, 58:10, 69:9,
69:12, 73:8, 73:9,
75:23, 78:24, 78:25,
117:7, 135:11,
139:13, 139:15,
139:22, 151:5,
151:6, 152:18,
158:17, 163:16,
179:25, 180:2,
183:22, 224:9,
224:13, 239:8,
239:14, 254:7,
254:15, 266:18,
268:25, 270:14,
270:17, 271:4,
271:5, 274:17,
295:18, 299:1,
299:12, 307:6,
312:22, 312:25,
313:4, 328:9
standing [2] - 169:16,
187:22
standpoint [2] -
221:19, 309:18
Stapleton [1] - 124:6
star[2] - 16:7, 249:13
start [14] - 5:25, 55:18,
80:17, 123:24,
213:6, 213:13,
227:8, 236:24,
240:8, 243:9,
243:14, 301:11,
311:3, 322:12
started [13] - 4:23, 6:7,
96:24, 181:2, 194:8,
194:10, 201:13,
209:16, 219:16,
220:6, 229:7,
233:25, 238:20
starting [1] - 97:10
starts [1] - 186:6
state [32] - 17:5, 17:9,
23:21, 43:4, 61:12,
75:24, 76:2, 104:11,
113:18, 117:1,
119:22, 128:20,
151:4, 207:3, 208:5,
213:23, 214:3,
215:7, 215:9,
216:13, 216:16,
222:18, 223:6,
224:11, 250:5,
256:9, 296:16,
313:22, 316:11,
316:18, 316:25,
319:22
State [3] - 223:21,
317:1, 331:3
state-of-the-art [1] -
208:5
statement [16] - 4:19,
12:3, 21:12, 115:12,
200:21, 202:4,
203:7, 203:10,
204:9, 204:21,
205:17, 296:23,
301:8, 305:4, 305:9,
316:10
statements [1] -
328:22
states [5] - 14:19,
27:9, 108:8, 284:8,
317:20
States [3] - 10:19,
242:1, 270:16
statewide [2] - 163:16,
206:24
stating [3] - 303:18,
319:14
station [9] - 108:2,
145:8, 150:18,
156:18, 156:21,
166:4, 191:18,
223:8, 285:5
Station [2] - 166:5,
166:6
stationary [3] - 195:9,
195:25, 196:9
status [1] - 132:25
Statutes [5] - 152:18,
163:15, 163:23,
164:3, 165:13
stay [5] - 171:11,
193:14, 195:10,
235:15, 305:11
stays [2] - 36:17,
232:16
STB [6] - 33:3, 36:9,
36:17, 36:18, 37:6,
45:2
steadfastly [1] -
140:17
steady [1] - 84:8
step [6] - 51:2, 57:14,
57:19, 140:22,
165:14, 324:14
stepped [1] - 301:9
steps [1] - 85:7
steroid [1] - 218:18
Steve [1] - 2:12
steward [1] - 132:4
stewardship [1] -
108:17
stick [4] - 33:13,
33:14, 33:17, 290:13
still [20] - 25:4, 29:20,
36:13, 84:23, 96:21,
98:6, 111:9, 117:7,
146:5, 154:3,
176:16, 181:16,
187:24, 218:1,
229:10, 232:19,
244:5, 267:23,
291:20, 295:4
stimulate [2] - 157:23,
158:10
STIPPICH [2] - 220:25,
222:14
Stippich [1] - 221:2
stipulate [1] - 40:5
stock [1] - 266:12
stockpiles [3] - 81:14,
266:17, 269:20
stomach [1] - 210:15
stone [71- 52:11,
55:2, 55:3, 55:6,
55:13, 58:17, 74:12
stop [8] - 62:10,
70:15, 134:14,
182:12, 182:25,
186:16, 191:1, 222:9
stopped [2] - 181:20,
190:25
storage [2] - 266:17,
270:25
stormwater [22] -
44:22, 73:10, 73:16,
76:3, 81:16, 81:17,
81:20, 81:24, 81:25,
82:20, 82:25, 83:3,
214:4, 214:7, 214:9,
240:13, 243:11,
271:22, 272:3,
272:6, 272:11,
272:15
story [2] - 152:24,
218:7
straight [2] - 204:25,
233:13
strange [1] - 94:22
strategically [1] -
225:11
strategies [1] - 136:16
STRAUB[2] - 197:9,
199:25
Straub [1] - 197:10
street [11] - 9:13,
25:17, 27:4, 30:5,
30:6, 106:12,
106:14, 107:7,
190:8, 191:17,
234:19
Street [2] - 43:15, 54:6
streets [2] - 175:7,
327:24
strep [1] - 210:18
Dauster'IMurphy
303.522.1604
stress [4] - 64:17,
203:22, 203:24,
220:4
stresses [1] - 134:19
stricter[1] - 300:11
strikes [1] - 92:7
striking [1] - 46:20
strive [1] - 319:12
strokes [1] - 170:5
strong [2] - 92:14,
201:2
stronger [1] - 201:4
strongly [3] - 23:4,
167:20, 229:13
struck [3] - 126:4,
287:1, 304:21
structural [1] - 154:23
structured [1] - 13:12
struggle [2] - 318:4,
323:18
struggling [2] - 308:6,
310:20
stuck [2] - 80:7,
232:16
student [1] - 223:25
studied [1] - 223:20
studies [6] - 169:22,
230:8, 252:9,
252:11, 252:13,
252:15
studio [1] - 259:20
Study [2] - 171:2,
172:2
study [9] - 44:17,
62:11, 78:17,
148:21, 167:5,
170:10, 281:11,
284:9, 285:23
studying [1] - 281:4
stuff [6] - 178:7,
185:6, 185:11,
214:24, 234:13,
302:17
subdivision [30] -
22:23, 22:24, 24:3,
24:8, 24:10, 25:19,
25:20, 25:25, 26:4,
26:6, 26:13, 26:15,
72:5, 87:20, 106:6,
132:20, 135:8,
203:14, 204:9,
204:14, 205:2,
205:8, 205:11,
205:13, 230:13,
230:15, 230:20,
256:24, 291:22,
318:20
subdivisions [3] -
10:2, 99:12, 147:17
Page 375
subject [26] - 7:20,
7:24, 9:8, 14:10,
16:7, 17:8, 19:22,
21:17, 26:19, 31:1,
31:18, 36:20,
124:12, 126:16,
135:11, 135:20,
135:21, 139:8,
244:10, 245:6,
265:20, 284:9,
312:21, 327:11
subjected [1] - 242:17
subjectively [1] -
105:17
submissions [2] -
328:18, 328:19
submit [2] - 144:13,
227:15
submits [1] - 215:13
submitted [15] - 12:3,
15:20, 21:12, 44:3,
44:6, 109:10,
149:18, 159:11,
159:15, 163:10,
169:20, 207:6,
269:22, 296:5, 304:4
subsidiary [2] -
128:16, 140:8
substances [1] -
171:16
substantial [2] -
84:24, 205:4
substantially [1] -
178:17
suburban [2] - 107:5,
260:3
successful [2] -
66:21, 106:25
successfully [1] -
67:19
sudden [4] - 122:10,
143:24, 199:17,
220:10
suddenly [1] - 184:13
sue [2] - 57:22, 128:18
sued [2] - 51:23, 138:7
suffered [1] - 172:3
suffering [2] - 211:11,
230:2
sufficiently [1] - 313:2
suggest [4] - 167:20,
186:14, 205:12,
251:11
suggested [5] - 40:19,
148:17, 232:4,
243:16, 274:2
suggesting [1] -
309:16
suggestions [1]
Weld County Board of Commissioners
7/22/2020
22:21
suggests [4] - 168:13,
172:22, 205:17,
205:20
suing [1] - 140:16
suit [1] - 129:12
Suite [11- 43:16
sum [1] - 139:23
summary [2] - 92:8,
179:15
summer [2] - 228:25,
260:23
sums [1] - 84:24
sun [3] - 269:2, 269:4,
293:22
Sun [1] - 233:12
sun's [1] - 269:3
Sunday [1] - 269:14
sunset [1] - 249:24
Super [1] - 152:7
Superior [1] - 125:4
supplemental [1] -
180:10
supplies [11- 187:19
supply [7] - 19:4,
97:25, 201:23,
207:9, 207:11,
229:2, 327:18
support [34] - 18:24,
23:9, 52:23, 53:9,
61:16, 70:6, 72:7,
88:14, 90:23, 92:14,
104:25, 105:12,
107:15, 108:21,
111:7, 111:10,
148:12, 153:21,
155:3, 159:12,
165:1, 200:24,
201:6, 201:20,
203:1, 209:2,
225:11, 225:12,
225:17, 228:11,
232:25, 235:24,
242:25, 322:17
supported [1] -
157:19
supporting [3] -
23:17, 47:4, 324:10
supportive [2] - 31:20,
153:17
supports [7] - 48:23,
69:5, 70:9, 90:20,
157:16, 163:12,
201:22
suppose [3] - 115:7,
160:3, 204:23
supposed [9] - 33:13,
174:14, 175:23,
179:19, 194:21,
206:8, 247:3,
251:25, 274:22
supposedly [3] -
178:10, 182:13,
241:8
suppressant [4] -
271:19, 297:2,
302:7, 302:11
suppression [2] -
302:16, 303:3
Supreme [2] - 126:4,
128:12
surface [3] - 82:21,
323:2
Surface [15] - 8:7,
17:12, 32:23, 33:9,
93:1, 93:8, 93:15,
93:18, 93:20, 94:12,
94:14, 94:24, 199:9,
303:25, 307:14
surgery [11- 172:5
surprised [1] - 182:19
surround [2] - 132:16,
308:10
surrounded [4] -
131:16, 161:9,
204:11, 204:15
surrounding [65] -
9:9, 17:18, 18:11,
19:24, 20:1, 20:3,
20:7, 23:17, 23:24,
24:10, 24:14, 28:14,
31:3, 34:15, 56:13,
62:14, 64:6, 67:9,
69:14, 71:9, 77:25,
83:11, 83:19, 83:25,
84:6, 86:6, 125:1,
128:4, 130:9,
130:21, 131:4,
131:6, 131:24,
133:17, 134:4,
134:24, 135:2,
136:18, 137:6,
137:14, 138:22,
141:16, 145:16,
145:21, 145:22,
145:25, 146:21,
169:7, 174:14,
175:14, 179:16,
198:10, 202:10,
202:12, 202:14,
204:19, 206:7,
221:24, 223:17,
231:18, 246:14,
247:2, 309:9,
322:23, 327:13
surroundings [2] -
204:22, 278:18
surrounds [1] -
308:10
survey [5] - 282:16,
285:25, 286:2, 286:7
susceptible [4] -
270:16, 270:19,
271:6, 295:11
suspect [1] - 168:4
swallowing [11-
210:12
sweat [1] - 154:18
sweating [1] - 155:24
switch [1] - 81:1
switched [1] - 261:23
sworn [1] - 125:17
Sykes 01- 176:18
sympathize [2] -
263:12, 268:9
symptoms [2] -
170:25, 236:24
syndrome [4] -
225:19, 226:4,
226:10, 232:23
system [3] - 41:10,
202:8, 208:8
systems [7] - 11:14,
11:25, 12:2, 27:2,
40:1, 240:24, 284:13
T
table [2] - 233:16,
284:7
tacks [1] - 286:6
tag [1] - 62:3
tagging [1] - 69:2
tailed [11- 88:22
talker [1] - 281:21
talks [1] - 219:10
tall [1] - 258:24
tandem [1] - 202:24
taper[1] - 79:9
teacher [1] - 210:5
team [2] - 45:25, 46:2
teamwork [1] - 200:8
tear [31- 52:8, 101:20,
127:10
tears [1] - 154:18
Tech [3] - 11:21, 12:2,
44:23
technical [1] - 52:21
techniques [4] - 81:8,
293:19, 293:20,
293:23
technological [2] -
18:15, 24:18
technologies [1] -
208:5
technology [41 -
41:16, 184:7,
Dauster I Murphy
303.522.1604
234:20, 303:3
tectonus [11- 98:19
teenager[1] - 96:15
teeth [2] - 37:24,
139:13
telephoto [3] - 251:2,
251:6, 268:18
Tem[1]-2:12
temporary [10] -
137:20, 149:6,
200:4, 200:5,
229:25, 257:14,
257:16, 258:11,
284:21, 288:5
ten [111-7:7, 156:3,
164:10, 167:12,
174:3, 188:24,
219:17, 223:20,
228:19, 238:12,
289:19
tender [1] - 187:23
tendered [1] - 100:7
tens [1] - 234:14
tenths [1] - 196:5
term [9] - 10:8, 13:17,
112:13, 115:23,
164:5, 187:15,
208:23, 223:2,
286:23
terminal [11- 56:12
terminated [11-
181:16
Termination [1] - 8:8
terms [8] - 44:14,
117:5, 118:22,
154:13, 248:19,
261:9, 271:2, 296:25
territory [1] - 112:17
test [2] - 210:19,
242:11
tested [1] - 82:10
testify [3] - 38:13,
141:13, 141:14
testifying [3] - 141:9,
141:10, 141:11
testimonies [3] -
292:16, 311:11,
329:16
testimony [8] - 38:13,
126:14, 303:2,
319:6, 323:4,
325:19, 326:6, 327:5
tests [1] - 210:17
Tetra [3] - 11:21, 12:2,
44:23
Texas [1] - 287:22
that'll [1] - 174:5
THE [2] - 2:3, 2:4
theater [1] - 259:23
Page 37 6,
theirs [11- 221:5
themed [1] - 86:17
themes [1] - 85:8
themselves [s] -
36:20, 51:17, 73:1,
75:11, 230:24
thereby [1] - 19:12
therefore [16] - 20:22,
21:18, 28:19, 37:17,
59:20, 165:11,
290:9, 304:23,
308:14, 308:15,
308:16, 308:17,
321:15, 325:7,
327:21, 328:3
they've [6] - 101:2,
101:16, 102:3,
123:17, 156:9, 288:7
thick o] - 210:13
thinking [2] - 99:8,
248:25
third [2] - 71:21,
207:13
Thompson [3] - 14:18,
26:25, 39:25
thou [1] - 93:9
thousand [1] - 165:15
thousands [5] - 99:16,
158:8, 182:20,
190:18, 212:15
threat [1] - 278:21
three [31] - 5:5, 12:9,
14:10, 14:25, 16:2,
21:17, 71:10, 81:21,
84:14, 91:21,
104:13, 122:11,
160:3, 160:6,
168:12, 191:14,
194:13, 199:22,
214:8, 215:22,
217:12, 256:19,
260:22, 285:12,
285:20, 289:11,
289:12, 292:19,
294:13, 327:22
three-mile [2] - 14:25,
16:2
three-quarters [2] -
84:14, 91:21
threes [1] - 27:9
threshold [1] - 152:22
threw [1] - 310:10
thrilled [2] - 226:12,
226:15
throat [4] - 170:20,
171:17, 172:8,
210:13
throbbing [1] - 210:13
throughout [10] -
Weld County Board of Commissioners
7/22/2020
68:4, 97:20, 100:22,
101:12, 106:2,
168:18, 200:19,
207:2, 248:8, 285:15
thrown [1] - 176:20
thumb [3] - 255:4,
255:25, 283:12
ticket [1] - 196:2
tie [1] - 53:19
tied [1] - 326:9
ties [1] - 192:24
timely [1] - 12:8
tiny [1] - 149:1
tires [1] - 106:23
title [1] - 174:25
Title [1] - 163:14
TO[1]-2:4
today [106] - 3:6, 4:9,
4:10, 4:11, 4:25, 6:1,
6:18, 10:3, 10:12,
45:10, 45:16, 46:3,
46:7, 46:24, 48:2,
49:8, 49:13, 52:18,
65:23, 66:3, 66:6,
67:3, 68:11, 76:6,
76:10, 78:6, 78:17,
85:10, 87:11, 89:14,
92:3, 92:20, 93:21,
96:9, 96:18, 96:21,
97:5, 100:15,
100:23, 105:1,
105:18, 106:18,
107:22, 109:24,
124:4, 126:10,
128:25, 131:4,
133:7, 134:6, 137:4,
141:9, 141:19,
142:19, 142:21,
144:7, 150:10,
153:13, 154:10,
155:10, 155:11,
155:15, 159:1,
159:14, 162:15,
162:25, 174:25,
178:11, 178:24,
184:4, 193:8, 210:9,
217:3, 221:1, 226:5,
232:7, 235:22,
235:25, 240:17,
241:3, 241:19,
243:6, 252:4, 255:2,
258:12, 263:4,
264:8, 269:13,
272:25, 277:15,
281:16, 282:13,
292:16, 298:10,
300:15, 306:23,
312:20, 315:12,
323:13, 323:20,
324:18, 326:13,
327:6, 327:14,
329:16
today's [4] - 3:21, 4:4,
46:17, 243:10
together [s] - 5:8,
78:13, 97:6, 116:11,
153:21, 205:23,
244:16, 295:9, 324:7
Tolumas [1] - 151:16
Tom [s] - 46:11, 61:23,
62:1, 69:6, 69:7,
70:11, 71:8, 96:18,
206:23
tomorrow [1] - 10:13
ton [1] - 103:21
tongue [1] - 210:14
tons [2] - 294:17,
295:17
took [16] - 51:25,
57:14, 57:19, 141:1,
166:11, 173:21,
190:13, 244:18,
250:25, 272:6,
273:4, 273:6, 292:4,
292:9, 304:20,
315:21, 325:2
tools [2] - 18:14,
24:15
top [10] - 54:20, 86:19,
208:8, 208:9, 245:4,
259:17, 267:12,
273:17, 278:1,
283:16
topic [1] - 79:15
topics [1] - 107:17
topographic [2] -
255:16, 255:18
topography [1] - 73:2
tops [1] - 230:14
total [3] - 160:22,
162:4, 283:15
touch [6] - 73:21,
81:19, 98:11,
243:14, 288:14,
297:13
touched [3] - 133:3,
248:21, 291:12
touches [2] - 108:12,
247:21
tough [2] - 178:19,
289:8
toured [1] - 234:17
towards [8] - 62:21,
91:15, 116:9, 202:6,
210:24, 221:18,
291:22, 324:10
tower [1] - 122:15
Town [26] - 14:4, 14:5,
15:1, 15:3, 15:7,
18:7, 21:6, 22:11,
22:15, 109:5,
110:13, 110:21,
111:2, 112:18,
112:22, 112:24,
113:2, 120:7,
120:13, 125:4,
246:8, 246:12,
247:25, 278:1,
321:5, 321:12
town [13] - 16:13,
21:12, 109:5,
109:10, 110:10,
111:7, 111:9,
112:10, 116:1,
120:18, 120:20,
320:23, 320:25
town's [3] - 109:17,
110:5, 120:23
towns [5] - 16:4,
16:11, 116:1, 116:5,
121:21
Township [1] - 3:16
track [8] - 22:6, 35:11,
35:16, 48:21, 57:16,
261:9, 262:3, 267:13
tracks [6] - 108:5,
108:9, 108:19,
161:9, 202:22
tract [2] - 3:15, 48:18
tractors [1] - 280:6
trade [1] - 206:24
tradition [1] - 11:7
traffic [is] - 19:13,
22:13, 22:20, 33:6,
60:25, 72:18, 99:11,
178:2, 184:25,
185:12, 185:17,
185:21, 225:8,
233:8, 248:2, 248:5,
253:8, 264:21, 283:1
Trail [s] - 29:11, 163:6,
192:12, 203:7,
203:9, 204:7, 210:7,
226:9, 229:20
trails [2] - 207:5
train [53] - 54:20,
54:21, 60:16, 60:23,
90:5, 93:24, 94:1,
95:2, 95:6, 122:10,
137:9, 156:1, 156:3,
156:18, 156:21,
167:3, 172:12,
184:24, 188:5,
189:15, 189:22,
189:25, 190:1,
190:5, 191:12,
191:18, 192:16,
auster I Murphy
303.522.1604
192:18, 192:22,
202:22, 231:3,
233:5, 235:20,
240:19, 250:17,
254:14, 256:10,
256:17, 257:21,
260:15, 260:17,
260:21, 261:4,
261:6, 261:9, 262:8,
266:21, 266:22,
267:13, 306:12,
307:1
training [1] - 90:9
trains [13] - 23:13,
172:11, 172:13,
172:16, 192:20,
193:3, 200:2,
226:13, 260:19,
260:22, 260:25,
261:2
TRANSCRIBED [1] -
1:6
TRANSCRIBERS [1] -
331:1
TRANSCRIPT[2] -
1:3, 1:8
transcript [a] - 2:8,
331:5, 331:7
transfer [4] - 57:8,
150:8, 162:17
transferred [2] -
128:14, 140:7
transition [1] - 56:15
translates [1 ] - 161:25
transload [5] - 77:14,
97:22, 98:10, 98:19,
271:2
transloaded [2] -
60:15, 61:9
transloading [18] -
7:14, 35:6, 36:19,
48:21, 49:10, 49:19,
51:10, 54:18, 56:14,
57:10, 57:17,
126:24, 127:20,
129:10, 129:13,
143:9, 245:20, 276:4
transloads [1] - 74:6
transmission [5] -
80:11, 255:4,
255:20, 256:1, 269:8
transmit [1] - 81:15
transmitted [1] - 206:2
transparent [1] -
80:25
transpired [2] - 98:2,
117:20
transport [8] - 19:12,
55:13, 59:3, 81:12,
Page 377
265:23, 265:24,
266:4, 266:6
transportation [30] -
16:15,16:19,19:11,
27:11, 55:1, 55:2,
55:19, 57:6, 57:18,
59:9, 59:14, 68:19,
74:16, 75:2, 94:10,
94:20, 94:23, 94:25,
95:1, 95:8, 187:20,
201:2, 240:22,
306:8, 306:11,
306:14, 306:18,
306:20, 308:23,
308:25
Transportation [16] -
8:7, 17:12, 17:14,
32:24, 33:10, 93:2,
93:8, 93:15, 93:18,
93:20, 94:12, 94:15,
94:24, 199:9,
303:25, 307:14
transporting [1] -
137:8
travel [2] - 158:6,
231:8
traveling [1] - 40:9
travels [1] - 165:4
treat [2] - 146:13,
236:23
treated [1] - 217:8
treatment [5] - 51:17,
170:19, 227:13,
227:24, 251:14
trees [5] - 37:24, 38:3,
156:7, 156:9, 196:7
tremendous [1] -
204:10
tremendously [1] -
207:11
trial [5] - 8:12, 128:24,
128:25, 134:6,
241:14
Tribune [1] - 3:22
Tricia [1] - 210:4
trick [1] - 230:1
tricked [1] - 139:19
tricky [1] - 298:11
tried [6] - 145:7,
155:2, 155:6, 167:5,
181:19, 214:16
tries [1] - 188:19
triggers [1] - 171:8
Trina [3] - 141:14,
162:23, 168:23
trip [1] - 193:1
trips [1] - 60:22
trivial [1] - 181:25
trouble [1] - 153:4
Weld County Board of Commissioners
7/22/2020
truck [17] - 19:13,
22:13, 60:22, 86:18,
90:9, 99:24, 99:25,
106:23, 108:17,
178:4, 248:2, 248:5,
264:21, 264:23,
284:16, 288:9, 302:9
truck -mounted [1] -
284:16
truck -related [1] -
19:13
trucking [1] - 235:18
trucks [33] - 40:9,
59:20, 60:17, 60:19,
61:3, 81:10, 86:19,
86:21, 97:24, 99:16,
100:3, 137:7,
166:25, 188:4,
191:16, 198:23,
230:6, 233:11,
235:19, 235:20,
266:3, 266:5, 266:8,
284:15, 284:18,
284:24, 285:4,
285:7, 285:11,
285:20, 288:7
true [21] - 46:22, 49:7,
52:20, 75:18, 92:9,
151:14, 181:5,
190:12, 198:17,
200:13, 232:23,
241:9, 241:13,
246:15, 246:16,
246:23, 252:5,
254:13, 255:10,
255:12, 309:4
Truitt [3] - 282:2,
282:7, 287:2
TRUITT[10] - 282:6,
283:22, 284:3,
284:5, 286:24,
287:11, 288:19,
289:2, 289:5, 289:24
truly [1] - 321:10
trust [1] - 100:18
trusted [4] - 84:16,
199:18, 200:11,
250:11
truth [1] - 241:23
try [23] - 78:11, 85:16,
86:8, 97:24, 104:12,
108:2, 153:9,
153:10, 154:24,
158:16, 186:12,
211:13, 215:24,
218:4, 235:2, 235:3,
235:11, 239:17,
273:19, 279:13,
296:6, 299:14
trying [15] - 85:13,
85:15, 114:10,
181:6, 182:1, 182:2,
182:10, 182:21,
182:25, 219:15,
310:11, 319:19,
319:24, 323:8
turn [12] - 37:5, 54:1,
56:20, 61:13, 61:22,
81:16, 95:20,
195:20, 205:20,
243:7, 248:20, 252:2
turned [3] - 161:13,
266:23, 319:16
turning [2] - 58:16,
263:2
turnkey [1] - 288:1
turns [2] - 52:1,
205:15
TV [1] - 190:3
twice [6] - 4:22,
171:23, 190:6,
218:17, 218:20,
238:25
twists [1] - 52:1
two [50] - 4:14, 14:11,
22:1, 27:16, 29:25,
35:1, 39:10, 40:1,
52:13, 55:21, 55:23,
64:9, 69:12, 86:2,
98:11, 106:5, 109:9,
121:18, 123:4,
140:9, 152:8,
158:12, 159:20,
165:10, 166:3,
166:12, 171:20,
172:25, 173:19,
185:13, 189:12,
189:16, 190:6,
198:14, 207:17,
208:7, 210:10,
222:22, 223:2,
227:21, 236:20,
261:2, 282:24,
285:19, 286:3,
301:13, 301:22,
303:5
type [20] - 41:15, 55:6,
61:11, 67:13, 78:1,
78:3, 87:20, 89:9,
90:5, 95:5, 113:20,
120:18, 201:23,
225:11, 235:20,
274:7, 298:4,
312:10, 312:11,
315:21
types [6] - 8:18, 63:4,
67:19, 77:25,
221:15, 294:4
typical [2] - 217:21,
254:6
typically [3] - 178:2,
221:17, 289:13
V
U.S [6] - 14:16, 27:14,
28:9, 99:10, 120:25,
288:13
ugly [2] - 156:21,
190:15
ultimately [6] - 52:15,
57:4, 71:1, 109:22,
110:10, 202:2
unable [3] - 6:10,
6:14, 170:20
unacceptable [1] -
219:22
unaffordable [1] -
235:22
unanimous [2] - 51:8,
114:15
unbeatable [1] -
249:23
unbendable [1] -
325:23
unbridled [1] - 199:20
Uncle [2] - 96:23,
314:6
unclear [1] - 291:20
unconstitutional [6] -
125:20, 126:2,
126:5, 126:7,
131:18, 131:21
uncontrolled [1] -
172:19
undecided [1] - 180:7
under [51] - 7:22, 9:2,
30:25, 32:11, 49:18,
50:2, 50:21, 56:23,
57:9, 58:13, 64:12,
79:19, 80:6, 89:4,
89:5, 91:4, 94:10,
102:17, 109:23,
111:6, 129:23,
140:24, 178:20,
214:11, 214:13,
217:10, 220:15,
231:16, 240:19,
240:22, 241:1,
241:12, 241:17,
254:16, 254:19,
260:7, 260:13,
271:2, 295:3, 295:5,
297:15, 298:10,
306:1, 306:14,
307:1, 308:22,
308:25, 309:15,
auster I Murphy
303.522.1604
314:15, 319:13,
319:14
undercuts [1] - 137:10
undergraduate [1] -
288:14
underlying [1] - 171:3
underpass [1] - 86:18
understandable [1] -
85:18
understandably [1] -
283:4
understood [1] -
291:21
undertake [1] - 75:18
undertaken [2] -
90:13, 267:5
undertaking [1] - 92:3
undertook [1] - 82:6
undesirable [1] -
120:22
undeveloped [2] -
84:21, 273:24
undoubtedly [4] -
78:6, 85:9, 168:11,
241:15
unforeseen [1] -
196:12
unfortunate [2] -
88:24, 273:13
unfortunately [6] -
78:9, 85:11, 171:10,
219:19, 221:14,
222:6
UNIDENTIFIED [28] -
7:1, 38:7, 43:10,
148:1, 153:4, 163:1,
163:3, 192:4, 195:3,
197:8, 206:19,
209:10, 238:15,
258:25, 275:21,
280:5, 280:8,
288:21, 299:25,
313:24, 314:4,
314:18, 318:22,
322:6, 322:8, 329:1,
329:3, 330:1
unincorporated [1] -
205:2
unintelligible [6] -
195:3, 200:3,
262:11, 275:22,
315:1, 315:14
unintelligible) [1] -
212:4
Union [14] - 14:11,
22:5, 23:14, 27:15,
30:3, 35:2, 35:9,
35:11, 54:16, 69:23,
98:12, 102:6,
Page 378,
192:25, 193:1
unique [5] - 48:9,
48:10, 68:23, 92:9,
227:6
unit [6] - 54:19, 54:21,
60:16, 107:4, 208:1,
289:7
United [3] - 10:19,
242:1, 270:16
units [1] - 106:19
UNKNOWN [2] -
212:3, 212:24
unlawful [2] - 145:16,
146:11
unlawfully [1] -
308:20
unless [6] - 105:2,
123:19, 186:9,
215:16, 216:1,
220:19
unlike [2] - 48:10,
159:7
unlikely [2] - 21:19,
87:18
unlimited [4] - 10:22,
198:6, 198:8, 199:19
unload [1] - 59:2
unloaded [2] - 172:11,
261:5
unloading [17] -
40:12, 59:7, 59:12,
61:3, 61:4, 90:10,
155:25, 156:21,
172:15, 223:7,
233:6, 250:19,
261:4, 261:6,
261:10, 266:21,
266:23
unloads [1] - 156:3
unmaintained [1] -
156:6
unnoticed [1] - 90:18
unobstructed [1] -
76:20
unpaved [3] - 297:3,
302:7, 302:12
unquote [1] - 159:17
unrivaled [1] - 249:21
UP[1]-30:12
up [100] - 3:6, 16:24,
29:21, 30:11, 43:4,
44:13, 53:19, 73:15,
76:13, 89:11, 92:1,
96:18, 97:10, 97:11,
97:17, 99:2, 99:24,
99:25, 102:4, 103:1,
104:3, 104:10,
105:4, 106:19,
107:12, 108:1,
Weld County Board of Commissioners
7/22/2020
109:1, 115:16,
119:3, 119:17,
122:2, 123:25,
124:1, 151:7,
156:10, 163:2,
165:14, 167:10,
172:7, 174:4,
176:20, 177:13,
180:18, 184:1,
185:18, 185:21,
186:25, 188:2,
189:9, 190:22,
190:24, 192:17,
194:13, 194:16,
195:2, 195:20,
199:24, 202:11,
209:20, 209:24,
211:19, 213:7,
215:24, 216:8,
222:1, 222:20,
226:2, 229:8,
229:24, 231:4,
232:8, 233:8, 234:5,
236:24, 238:9,
240:5, 241:14,
245:4, 251:7,
256:13, 256:14,
258:11, 259:17,
264:23, 276:12,
279:22, 280:22,
292:5, 292:14,
292:23, 293:1,
294:6, 301:9,
311:22, 314:23,
315:3, 318:13,
324:14, 324:25
updated [4] - 50:21,
50:22, 113:4, 113:5
updates [1] - 39:19
uphold [2] - 125:17,
125:24
upholds [1] - 10:20
UPRR [1] - 197:22
Upstate [2] - 200:17,
200:22
upstate [1] - 201:22
upstream [1] - 82:14
urban [9] - 13:21,
13:22, 22:22, 64:16,
64:19, 64:22, 64:25,
260:2, 260:3
Urban [9] - 13:25,
64:12, 64:14, 65:1,
65:3, 65:12, 70:11,
70:12, 243:3
urban -scale [1] -
22:22
urbanization [1] -
13:25
urbanizing [5] - 28:18,
64:23, 70:7, 70:8,
243:1
urge [3] - 139:19,
222:4, 224:23
usable [1] - 98:25
usage [1] - 187:21
use -specific [1] - 8:17
user [7] - 48:13,
68:19, 68:25, 92:11,
132:1, 132:11,
311:17
users [3] - 100:13,
135:18, 135:19
uses [206] - 8:19, 8:20,
9:7, 9:9, 9:11, 11:12,
13:21, 17:3, 17:4,
17:8, 17:18, 18:20,
19:14, 19:16, 19:18,
19:21, 19:24, 20:2,
21:11, 21:25, 22:3,
22:8, 24:6, 24:11,
24:23, 25:2, 25:3,
25:9, 25:14, 26:23,
27:1, 30:25, 31:3,
31:16, 47:7, 49:5,
50:9, 58:8, 58:19,
60:12, 62:13, 62:20,
65:20, 65:22, 66:9,
66:17, 66:21, 67:4,
67:10, 67:11, 67:17,
67:19, 69:14, 69:21,
69:25, 70:20, 71:10,
71:12, 71:14, 71:15,
71:19, 72:8, 72:10,
72:11, 72:15, 72:24,
73:15, 73:24, 74:1,
74:3, 74:4, 74:9,
74:14, 74:17, 74:18,
74:21, 74:23, 75:2,
75:6, 75:11, 75:12,
75:17, 75:18, 75:19,
75:21, 81:8, 83:7,
83:11, 87:15, 87:16,
92:18, 92:22, 93:4,
93:10, 105:15,
107:1, 124:25,
128:4, 131:17,
131:24, 132:13,
132:16, 132:19,
132:23, 134:2,
134:23, 135:2,
135:5, 135:13,
135:15, 135:18,
136:3, 137:13,
138:19, 138:22,
138:25, 139:1,
141:16, 145:23,
145:24, 146:22,
146:24, 147:15,
147:18, 149:21,
149:22, 150:11,
150:12, 150:13,
150:14, 150:16,
160:23, 173:4,
174:14, 174:16,
175:2, 175:3,
175:16, 176:14,
178:15, 178:16,
178:18, 178:22,
179:1, 179:2, 179:9,
179:12, 179:17,
179:20, 179:22,
197:3, 204:15,
240:12, 241:18,
241:19, 243:14,
243:17, 243:19,
243:25, 244:2,
244:13, 244:17,
244:18, 244:20,
244:22, 245:1,
245:11, 245:13,
245:21, 245:23,
246:9, 246:10,
246:13, 246:19,
246:22, 247:2,
247:7, 247:8, 247:9,
247:13, 247:14,
247:16, 247:19,
247:24, 248:8,
248:15, 248:16,
250:21, 267:20,
277:16, 278:13,
278:17, 306:5,
309:9, 309:10,
309:11, 309:13,
309:23, 311:21,
313:13, 314:20,
327:10, 327:13
USR [91] - 4:4, 6:19,
6:20, 7:17, 8:12,
8:15, 26:16, 30:8,
37:14, 37:17, 37:21,
38:11, 38:14, 41:5,
41:8, 50:15, 50:17,
50:22, 51:9, 51:11,
51:20, 53:10, 53:11,
53:16, 54:13, 56:25,
57:2, 57:7, 58:1,
87:23, 88:14, 89:5,
90:20, 98:5, 98:6,
109:18, 109:23,
109:25, 111:7,
127:2, 127:10,
127:15, 135:24,
138:17, 139:10,
140:1, 140:4,
140:11, 141:3,
143:3, 153:15,
153:20, 155:20,
165:23, 176:5,
180:4, 181:23,
183:22, 199:10,
202:7, 220:8, 232:5,
232:13, 232:25,
239:4, 239:6, 244:5,
244:6, 244:11,
244:24, 245:14,
270:24, 274:4,
274:17, 274:19,
274:22, 276:14,
276:15, 276:25,
277:2, 281:3,
291:18, 299:7,
304:19, 304:20,
304:22, 304:24,
315:9, 323:8
USR15-0027 [1] - 7:17
USR15-28 [1] - 23:2
USRs [3] - 205:15,
246:21, 300:11
USSR [2] - 38:6
utilities [1] - 68:15
utilize [2] - 10:21,
232:9
V
Dauster I Murphy
303.522.1604
vaccinations [1] -
96:19
vacuum [1] - 137:25
vague [1] - 182:6
valid [1] - 7:19
validation [1] - 121:4
Valley [1] - 106:6
valuable [1] - 56:12
value [8] - 75:1, 94:22,
160:1, 160:10,
160:22, 160:25,
161:25, 162:5
values [1a] - 83:12,
83:16, 83:17, 83:24,
124:23, 141:13,
159:1, 159:6,
159:17, 162:1,
162:8, 162:13,
197:15, 240:14,
272:18, 272:20,
272:23, 286:1
valve [2] - 81:1, 265:5
variety pi - 71:11
various [6] - 56:2,
65:20, 247:23,
292:15, 303:9, 320:7
vast [2] - 98:20, 98:21
vehicle [2] - 16:18,
266:6
venue [5] - 76:15,
Page 379
156:15, 156:19,
248:24, 249:11
venues - 249:2
verify [11 - 114:22
versa [1] - 118:15
versus [2] - 242:9,
314:13
vested [4] - 85:15,
105:3, 105:5, 287:23
veteran [1] - 225:6
veteran -owned [1] -
225:6
via [3] - 8:8, 15:20,
23:2
viable [1] - 157:1
vibration [2] - 189:20,
189:21
vibrations [2] -
191:13, 288:13
vice [3] - 46:7, 54:5,
118:15
vicinity [3] - 84:15,
228:20, 236:15
Vicki [1] - 226:8
video [2] - 29:7,
190:13
view [19] - 31:7, 76:20,
76:21, 77:3, 84:22,
87:3, 92:3, 122:12,
122:14, 122:15,
122:19, 156:20,
249:23, 250:4,
250:6, 251:5, 251:8
viewed [2] - 28:16,
132:14
viewer [1] - 293:21
Views [1] - 250:7
views [21] - 73:16,
76:13, 76:14, 76:17,
76:24, 91:4, 155:20,
156:6, 156:16,
197:18, 204:10,
240:12, 248:20,
248:21, 248:25,
249:8, 249:18,
250:13, 250:23,
251:10, 251:19
vigorous [1] - 170:21
Vinci [1] - 213:11
violate [1] - 163:13
violates [1] - 253:17
violation [8] - 150:24,
151:22, 152:20,
216:1, 216:4,
264:19, 268:11,
272:17
violations [4] - 80:22,
80:23, 151:13, 216:6
virtual [1] - 199:19
Weld County Board of Commissioners
7/22/2020
Page 380
virtually [2] - 158:15,
198:8
virtue [2] - 60:21,
244:7
visible [9] - 77:24,
86:20, 264:24,
265:1, 265:21,
265:23, 265:25,
266:4, 266:7
vision [3] - 13:17,
98:10, 205:18
visit [3] - 158:6, 158:7,
227:11
visited [3] - 122:5,
122:6, 170:24
visiting [1] - 120:5
visual [2] - 18:1,
214:15
vitally [1] - 224:6
vocal [1] - 102:15
voice [5] - 121:7,
182:5, 194:9, 272:2,
322:16
voices [2] - 323:22,
323:23
voluminous [2] -
43:24, 44:4
voluntarily [2] - 36:20,
58:9
voluntary [2] - 139:12,
139:20
vote [5] - 28:25,
114:15, 186:7,
193:13, 213:20
voted [4] - 4:4, 71:1,
114:11, 320:23
vows [1] - 122:9
w
waiting [2] - 291:7,
291:8
wake [1]-213:7
waking [1] - 192:17
WALDO [1] - 107:13
Waldo [2] - 107:14
walk [2] - 45:14,
161:10
walked [1] - 194:7
wall [4] - 229:24,
258:19, 261:23,
267:12
wall-like [1] - 229:24
walls [9] - 18:15,
25:12, 87:8, 90:2,
199:16, 257:14,
257:16, 257:19,
258:10
Walmart [2] - 152:7,
152:9
wants [5] - 6:14, 62:9,
205:20, 234:9,
268:13
warning [1] - 196:16
washer [1] - 189:20
waste [2] - 130:3,
216:12
watch [3] - 189:15,
189:16, 267:20
watched [6] - 100:21,
179:25, 180:1,
180:13, 180:15,
189:17
water [29] - 9:10,
11:18, 14:17, 26:21,
27:1, 27:3, 39:25,
40:20, 63:20, 81:10,
82:4, 82:16, 177:21,
188:16, 212:12,
214:19, 220:2,
231:5, 231:6, 235:2,
266:16, 266:24,
272:10, 285:6,
297:1, 297:3, 300:9,
317:7, 327:18
Water[3] - 14:18,
27:1, 106:6
watered [3] - 266:13,
266:14, 285:20
watering [6] - 81:9,
90:12, 90:16, 285:5,
297:1, 302:9
waterline [1] - 64:10
ways [13] - 12:6,
31:12, 48:10, 58:21,
72:25, 74:1, 85:5,
87:14, 87:15,
134:10, 227:18,
289:12, 323:3
weak [1] - 213:25
wealth [1] - 162:18
wear [1] - 297:21
wearing [1] - 297:23
weather [2] - 255:6,
255:22
website [4] - 42:20,
249:3, 249:4, 250:15
websites [1] - 249:2
Wedding [1] - 158:3
wedding [10] - 155:25,
157:4, 157:9,
157:13, 157:18,
248:24, 249:1,
249:4, 249:5
weddings [1] - 157:11
week [1] - 172:17
weekend [1] - 303:20
weeks [8] - 170:25,
176:7, 199:15,
208:8, 210:11,
217:12, 217:15,
256:19
weigh [2] - 94:15,
196:11
weighing [1] - 142:2
weighs [1] - 196:4
Weld [85] - 3:18, 7:24,
8:10, 9:3, 9:6, 9:22,
10:5, 10:7, 10:20,
12:6, 13:17, 15:4,
15:6, 15:14, 17:2,
18:8, 19:7, 20:4,
20:16, 27:9, 39:14,
53:2, 56:5, 56:7,
56:9, 60:10, 62:7,
64:12, 64:25, 65:2,
67:15, 96:1, 106:8,
116:1, 118:13,
119:6, 121:2, 121:6,
127:3, 128:21,
129:20, 143:6,
145:17, 147:4,
147:5, 147:21,
150:16, 157:12,
160:20, 160:22,
163:23, 164:3,
180:14, 187:22,
197:14, 197:24,
197:25, 201:6,
201:10, 201:19,
201:24, 202:1,
205:2, 205:20,
206:2, 206:8, 212:5,
219:15, 221:2,
223:17, 226:2,
233:23, 234:2,
234:4, 236:5,
236:12, 237:2,
237:16, 305:15,
305:25, 306:6,
316:2, 316:4, 316:7,
316:16
WELD [1] - 1:4
welfare [6] - 10:24,
13:9, 278:21,
278:24, 279:2, 279:6
well-being [1] -
231:19
WERNER [1] - 200:16
Werner[1] - 200:17
west [13] - 21:24, 24:2,
24:7, 27:18, 27:21,
76:21, 98:3, 104:23,
165:21, 197:16,
230:13, 247:25,
276:18
West [9] - 3:17, 51:21,
Dauster I Murphy
303.522.1604
124:7, 161:14,
161:22, 162:3,
164:17, 197:11,
213:5
Western [8] - 14:11,
23:14, 27:17, 35:1,
35:16, 106:13,
106:20, 161:8
western [1] - 84:20
wet [2] - 81:14, 285:5
whatnot [1 ] - 118:6
whatsoever [7] -
37:18, 82:11, 105:6,
105:10, 129:5,
131:5, 290:25
wheels [1] - 190:1
wheezing [1] - 171:21
whereas [1 ] - 283:5
WHEREUPON [1] -
330:9
white [1] - 210:13
whole [10] - 37:9,
129:20, 132:12,
147:18, 157:21,
217:13, 233:3,
236:12, 320:14,
323:4
wholly [3] - 128:16,
134:7, 140:7
wholly -owned [2] -
128:16, 140:7
whoops [1] - 151:8
wide [2] - 71:11, 247:6
wife [9] - 97:1, 97:5,
192:11, 194:5,
197:12, 203:12,
203:18, 225:5,
248:23
willing [17] - 84:23,
84:25, 89:18, 96:8,
101:14, 101:15,
101:16, 102:10,
261:19, 271:12,
271:20, 274:24,
274:25, 300:24,
301:4, 320:5
WILSON [2] - 226:8,
236:4
Wilson [2] - 226:9,
236:5
wind [8] - 196:6,
212:16, 231:3,
252:17, 262:19,
262:20, 262:22,
262:25
window [1] - 40:13
windows [4] - 211:2,
211:8, 223:7, 233:7
windowsills [1] -
211:19
winds [1] - 195:17
windsor [1] - 20:11
Windsor [18] - 14:7,
16:5, 16:8, 16:13,
18:7, 20:23, 28:10,
38:22, 39:1, 62:8,
104:17, 176:20,
177:5, 177:8, 199:1,
227:25, 246:8, 278:4
Windsor's [2] - 16:5,
278:1
windstorms [1] -
190:7
winning [1] - 106:7
winter [3] - 268:21,
268:22, 268:23
wise [1] - 62:16
wish [1] - 299:17
wished [2] - 272:13,
319:14
wishes [2] - 134:15,
321:16
wishing [1] - 21:1
withdraw [3] - 183:20,
186:10, 233:17
withdrawal [2] -
186:6, 199:10
withdrew [1] - 57:2
wives [1] - 227:16
WoCo [1] - 29:12
woke [1] - 324:25
Wolfgang [1] - 124:9
woman [1] - 225:6
woman -owned [1] -
225:6
won [1]-181:15
wonder [1] - 175:9
wonderful [1] - 291:16
wondering [1] - 215:1
woo [1] - 280:11
word [3] - 46:18,
190:16, 198:19
words [2] - 196:23,
206:15
works [5] - 54:3,
224:13, 260:17,
275:10, 294:16
Works [3] - 2:21, 39:9,
39:15
world [2] - 182:22,
220:2
worries [1] - 236:11
worry [2] - 19:19,
244:1
worse [3] - 191:3,
217:18, 230:10
worst [3] - 23:12,
227:21, 285:19
Weld County Board of Commissioners
7/22/2020
Page 381
worth [3] - 104:21,
135:10, 291:15
worthy [1] - 208:24
Wow [p] - 267:16
wrap [7] - 174:4,
194:15, 199:24,
202:11, 215:24,
216:8, 222:1
wrestled [1] - 278:15
wrestling [1] - 314:10
write [2] - 166:23,
299:8
writing [2] - 18:23,
199:5
written [3] - 12:23,
13:7, 141:5
wrote [2] - 41:23,
127:3
www.
daustermurphy.
com [1] - 1:11
Wyoming [717 - 35:12,
55:10, 60:18, 97:19,
99:18, 100:10, 212:7
Y
Yard [1] - 225:19
yard [6] - 48:21, 49:19,
51:10, 57:17, 196:8,
219:18
yards [3] - 29:10,
132:17, 212:15
year[20] - 8:3, 53:19,
58:5, 99:17, 117:8,
151:10, 166:3,
166:11, 171:4,
176:7, 186:10,
203:24, 212:15,
215:18, 217:13,
217:18, 217:21,
248:23, 280:12,
294:17
years [82] - 49:11,
51:25, 52:13, 53:21,
55:23, 63:1, 83:23,
85:13, 86:2, 96:14,
96:21, 96:22, 97:8,
97:22, 98:8, 100:15,
100:25, 102:18,
132:20, 140:9,
154:22, 155:23,
162:24, 168:12,
170:10, 171:21,
172:4, 172:25,
173:13, 173:14,
179:25, 180:14,
184:3, 186:8, 187:5,
187:8, 188:24,
189:13, 189:17,
190:6, 192:15,
192:23, 197:12,
197:19, 198:4,
198:14, 201:10,
201:25, 202:2,
203:15, 205:9,
205:25, 208:21,
212:22, 214:25,
215:3, 217:8,
217:11, 219:18,
222:19, 222:22,
223:3, 223:20,
227:12, 227:20,
227:21, 229:8,
234:13, 234:18,
236:6, 236:8,
236:13, 236:21,
237:16, 237:18,
241:16, 287:14,
287:19, 312:24,
320:21, 320:22
yellow [4] - 66:14,
66:15, 68:3
yesterday [3] -
163:10, 210:21,
267:10
young [2] - 171:20,
226:24
youngest [1] - 227:6
yourself [1] - 231:20
yourselves [2] -
122:22, 125:3
z
zero [3] - 264:5, 264:7,
264:15
Zero [1] - 197:15
zone [65] - 3:7, 3:10,
3:11, 3:12, 6:18,
6:22, 7:3, 7:4, 7:5,
7:13, 8:14, 8:18,
8:20, 8:24, 9:8, 9:12,
9:15, 13:14, 14:8,
15:21, 17:7, 19:23,
26:23, 28:6, 28:12,
28:22, 31:2, 31:15,
33:14, 34:14, 40:6,
40:18, 45:6, 45:17,
48:5, 48:8, 48:11,
48:15, 50:9, 50:11,
51:9, 58:6, 58:7,
68:24, 69:1, 69:4,
120:15, 120:16,
120:20, 130:1,
130:7, 132:9,
132:19, 132:22,
135:10, 142:22,
144:3, 144:9,
144:21, 147:16,
168:15, 244:13,
277:11, 279:24,
280:1, 280:14,
281:5, 298:20,
298:24, 298:25,
299:1, 305:17,
314:13, 315:22,
316:14, 316:19,
318:7, 323:17,
324:11, 324:17,
327:12, 328:17,
329:8, 329:20
ZONE [3] - 2:3, 2:4,
2:5
Zone [1] - 176:21
zoned [35] - 7:13,
11:8, 19:6, 21:25,
22:24, 27:7, 27:10,
65:23, 66:4, 66:7,
66:8, 67:7, 71:15,
126:20, 131:7,
143:5, 143:21,
147:5, 150:25,
154:8, 154:9,
211:25, 246:3,
246:5, 246:11,
246:24, 247:7,
278:4, 278:11,
298:14, 316:3,
318:20, 318:21,
328:2
zones [10] - 120:17,
165:10, 261:25,
276:13, 277:18,
312:8, 316:5, 316:6,
316:10, 316:24
Zoning [1] - 242:6
zoning [97] - 10:1,
11:5, 19:14, 32:18,
36:8, 41:7, 48:25,
50:7, 50:22, 69:19,
72:22, 126:3, 126:7,
126:9, 130:13,
130:15, 130:17,
130:19, 130:24,
131:1, 131:17,
131:22, 131:25,
132:25, 133:1,
135:18, 136:2,
138:15, 142:17,
144:20, 145:1,
145:2, 145:4,
145:13, 145:19,
145:22, 146:4,
146:7, 146:16,
146:20, 147:14,
147:15, 154:13,
Dauster I Murphy
303.522.1604
168:15, 175:2,
178:12, 179:10,
179:22, 180:3,
180:5, 198:12,
228:12, 229:14,
231:16, 232:2,
239:15, 241:18,
241:22, 241:25,
242:4, 242:5, 242:6,
242:10, 242:13,
242:15, 242:17,
242:18, 242:24,
243:6, 243:13,
246:2, 246:20,
247:15, 252:6,
276:1, 278:1,
279:21, 290:5,
298:9, 299:13,
305:16, 306:1,
307:9, 308:9,
308:10, 310:22,
315:20, 316:13,
316:22, 317:7,
318:1, 327:7, 328:7,
328:9, 328:10, 329:8
zonings [1] - 243:2
zoom [1] - 259:9
zoom -in [1] - 259:9
STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 400-4225
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of the Inventory List and
subsequent case file for COZ20-0004, approved July 22, 2020, is a duplicate of the original
Resolution and official records on file in the Weld County Clerk to the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 20th day of November, 2020.
_diMit, & .-Sdjej.
CLERK TO THE BOARD
INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: GERRARD INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC
CASE: COZ20-0004
BATES PAGE
NUMBER
DESCRIPTION
EXHIBIT
000001-
BOCC Resolution 7/22/2020
000013 -
BOCC Hearing Certificate Docket No. 2020-47
000027 -
Attendance List 7/22/2020
000031-
Planning Commission Resolution 6/16/2020
A
000032 -
PC Minutes and Attendance List 6/16/2020
B
000046 -
Staff Summary
000048 -
Staff Recommendation
000058 -
Applicant Letter 4/16/2020
000059 -
Legal Notices and Affidavits
000061-
Certificate and Affidavit of Sign Posting w/ 2 Pictures
000064 -
COZ Application Materials - General
000067 -
COZ Application Questionnaire
000075 -
Certificate of Good Standing & Articles of Organization
000079 -
Notice of Inquiry - Town of Windsor CPA
000081-
Notice of Inquiry - Town of Johnstown CPA
000083 -
Notice of Inquiry - Town of Milliken CPA
000085 -
County Treasurer Statement of Taxes Due
000087 -
Application - Notice and Response to Ditch Owners
000096 -
Application - Improvements Agreement
000117 -
Referral Comments - Zoning Compliance 4/21/2020
000118 -
Referral Comments - Sheriffs Office 4/17/2020
000119-
Referral Comments - Front Range Fire Rescue 4/27/2020
000120 -
Referral Comments - Little Thompson Water District 4/17/2020
000121-
Referral Comments - Colorado Geological Survey, Jill Carlson 4/17/2020
000122 -
Referral Comments - Colorado Parks and Wildlife 4/16/2020
000124 -
Referral Comments - Weld Public Works 5/14/2020
000130 -
Referral Comments - Weld Environmental Health 5/11/2020
000132 -
Referral Comments - Hill and Brush Ditch Company 5/11/2020
000135 -
Referral Comments - Reorganized Farmers Ditch Company 5/7/2020
000139 -
Referral Comments - Town of Milliken 5/26/2020
000140 -
Referral Comments - Town of Johnstown 5/13/2020
000143 -
Referral Comments - Town of Windsor 1/23/2020 & 5/27/2015
000147 -
Referral Comments - City of Greeley 5/14/2020; IGA w/ Windsor 5/6/2008
000170 -
Referral Comments - CDOT 5/23/2020
000171-
Maps
000191-
Certificate of Conveyances / Deeds
000270 -
Notice and Certification of Mailing to Surrounding Property Owners
000284 -
Notice of Mailing to Mineral Owners by Applicant
000299 -
Utilities - Little Thompson Water District
000302 -
Utilities - Septic Permits
000306 -
U.S.D.A. Soils Report
000326 -
Geology Report by Soilogic
000340 -
Planning Commission Inventory of Exhibits
000344 -
PC Exhibit - Kisker (4/17/2020)
1
000349 -
PC Exhibit - Balich (4/28/2020)
2
000350 -
PC Exhibit - Oplinger (4/28/2020)
3
000353 -
PC Exhibit - Bogart (5/1/2020)
4
000354 -
PC Exhibit - Fenton (4/26/2020)
5
000355 -
PC Exhibit - Hopp (5/1/2020)
6
000356-
PC Exhibit - Bartolomei (5/4/2020)
7
000358 -
PC Exhibit - Groff (4/26/2020)
8
000362-
PC Exhibit - Powis (5/5/2020)
9
000363 -
PC Exhibit - Dirks (4/28/2020)
10
000364 -
PC Exhibit - Tennal (5/5/2020)
11
000367 -
PC Exhibit - Oplinger (4/25/2020)
12
000371-
PC Exhibit - Piraino (4/30/2020)
13
000376 -
PC Exhibit - Suppes (5/7/2020)
14
000377 -
PC Exhibit - Leinweber (5/4/2020)
15
000378 -
PC Exhibit - Quam (5/4/2020)
16
000379 -
PC Exhibit - Powis (5/7/2020)
17
000381-
PC Exhibit - Nisly (5/8/2020)
18
000382 -
PC Exhibit - Lord (5/8/2020)
19
000383 -
PC Exhibit - Casey (5/8/2020)
20
000384 -
PC Exhibit - Keck (5/8/2020)
21
000385 -
PC Exhibit - Cummings (5/7/2020)
22
000387 -
PC Exhibit - Lacis (5/8/2020)
23
000423 -
PC Exhibit - Richardson (5/9/2020)
24
000424-
PC Exhibit - Smith (5/3/2020)
25
000425-
PC Exhibit - Markus (5/2020)
26
000426-
PC Exhibit - Boeddeker (5/5/2020)
27
000427-
PC Exhibit - Robertson (5/11/2020)
28
000428-
PC Exhibit - Cummings (5/11/2020)
29
000430-
PC Exhibit - Robertson (5/11/2020)
30
000483-
PC Exhibit - Friede/Rockin' S Ranch (5/12/2020)
31
000435-
PC Exhibit - Pete Straub (5/12/2020)
32
000436-
PC Exhibit - Susan Straub (5/12/2020)
33
000440-
PC Exhibit - Wallace (5/13/2020)
34
000441-
PC Exhibit - Peters (5/8/2020)
35
000442-
PC Exhibit - Suppes (5/7/2020)
36
000443-
PC Exhibit - Schlotter (4/29/2020)
37
000446-
PC Exhibit - Leinweber (5/8/2020)
38
000447-
PC Exhibit - Gary Cooper (5/8/2020)
39
000448-
PC Exhibit - Bonnie Cooper (5/8/2020)
40
000449-
PC Exhibit - Liggon (5/7/2020)
41
000450-
PC Exhibit - Sipes (5/7/2020)
42
000451-
PC Exhibit - Kisker (5/7/2020)
43
000453-
PC Exhibit - Anderson (5/11/2020)
44
000454-
PC Exhibit - Oplinger (5/12/2020)
45
000455-
PC Exhibit - Corner
46
000456-
PC Exhibit - Cummings (5/12/2020)
47
000458-
PC Exhibit - Burns (5/13/2020)
48
000460-
PC Exhibit - Corner
49
000461-
PC Exhibit - Burns
50
000462-
PC Exhibit - Kisker (5/11/2020)
51
000464-
PC Exhibit - Brown (5/14/2020)
52
000465-
PC Exhibit - Bole (5/14/2020)
53
000466-
PC Exhibit - Rosenquist (5/14/2020)
54
000467-
PC Exhibit - Ross (5/10/2020)
55
000469-
PC Exhibit - Ross (5/8/2020)
56
000470-
PC Exhibit - Bicking (5/14/2020)
57
000471-
PC Exhibit - Rhoades (5/11/2020)
58
000472-
PC Exhibit - Sandy Robertson (5/15/2020)
59
000473-
PC Exhibit - Barry Robertson (5/15/2020)
60
000474-
PC Exhibit - Kupec (5/12/2020)
61
000475-
PC Exhibit - Worrell (5/10/2020)
62
000477-
PC Exhibit - Oplinger (5/12/2020)
63
000479-
PC Exhibit - Kisker (5/11/2020)
64
000481-
PC Exhibit - Piraino (5/11/2020)
65
000483-
PC Exhibit - Straub (5/15/2020)
66
000486-
PC Exhibit - Straub (5/12/2020)
67
000488-
PC Exhibit - Meusch (5/15/2020)
68
000492-
PC Exhibit - Rosenquist (5/19/2020)
69
000493-
PC Exhibit - Gerrard Companies (5/14/2020)
70
000495-
PC Exhibit - Redlin (5/12/2020)
71
000496-
PC Exhibit - NAI Affinity (5/27/2020)
72
000497-
PC Exhibit - Tetra Tech (5/29/2020)
73
000500-
PC Exhibit - Tetra Tech (5/29/2020)
74
000502-
PC Exhibit - Applicant Response to Referrals (5/28/2020)
75
000510-
PC Exhibit - Applicant Summary of Complaint Data (5/28/2020)
76
000528-
PC Exhibit - Johnstown Comp Plan Map
77
000529-
PC Exhibit - Windsor Growth Strategy Map
78
000530-
PC Exhibit - Greeley Land Use Guidance Map
79
000531-
PC Exhibit - North Front Range MPO 2010 Land Use Allocation Model
80
000532-
PC Ehxibit - FHWA Freight and Land Use Handbook
81
000544-
PC Exhibit - AECOM Memo re: HWY 34 near Kelim Noise Analysis (3/26/2015)
82
000551-
PC Exhibit - Indianhead Subdivision Plat Resolution (12/20/1972)
83
000554-
PC Exhibit - Resolution directing plat signature directed by court (1/19/1076)
84
000556-
PC Exhibit - Gerrard Companies response to Farmers Ditch (5/14/2020)
85
000558-
PC Exhibit - Holman (6/4/2020)
86
000559-
PC Exhibit - Interladco, Inc. v. Billings
87
000562-
PC Exhibit - Anonymous Email of Support (6/8/2020)
88
000564-
PC Exhibit - Straub (6/8/2020)
89
000566-
PC Exhibit - Sage Brush, LLC / Jackson (6/3/2020)
90
000567-
PC Exhibit - Kraemer / Maloney
91
000568-
PC Inventory of Exhibits List (Continued)
000569-
PC Exhibit - Neighborhood Presentation
92
000688-
PC Exhibit - Ireland Stapleton (6/12/2020)
93
000708-
PC Exhibit - Oplinger (6/14/2020)
94
000710-
PC Exhibit - National Institute of Health Report (5/6/2014)
95
000735-
PC Exhibit - Residential Real Estate Market Analysis
96
000770-
PC Exhibit - Presentation by CLR-34 Neighborhood Assn. (6/16/2020)
97
000881-
PC Exhibit - Presentation by Applicant (6/16/2020)
98
000905-
PC Exhibit - Town of Johnstown (6/15/2020)
99
000911-
PC Exhibit - Petition of Opposition
100
000935-
BOCC Exhibit Inventory Control Sheet
000938-
BOCC Exhibit - Planning Staff PowerPoint Presentation
C
000980-
BOCC Exhibit - Strawmatt (7/3/2020)
D
000981-
BOCC Exhibit - Stockton (7/8/2020)
E
000982-
BOCC Exhibit - Anest (7/1/2020)
F
000983-
BOCC Exhibit - Stippich (7/9/2020)
G
000984-
BOCC Exhibit - TCS, Inc. / Nissen (6/29/2020)
H
000985-
BOCC Exhibit - Waldo Trucking (7/9/2020)
I
000987-
BOCC Exhibit - Colorado Contractors Association (7/8/2020)
J
000988-
BOCC Exhibit - De Lorenzo (7/9/2020)
K
000990-
BOCC Exhibit - Coyote Ridge Construction, LLC
L
000991-
BOCC Exhibit - Powis (7/12/2020)
M
000992-
BOCC Exhibit - City of Greeley, Brad Mueller (7/13/2020)
N
000994-
BOCC Exhibit - City of Greeley, Mayor Norton (7/12/2020)
O
000996-
BOCC Exhibit - Anderson (7/13/2020)
P
000998-
BOCC Exhibit - Grimaud (7/11/2020)
Q
000999-
BOCC Exhibit - Bartolomei (7/13/2020)
R
001002-
BOCC Exhibit - Ireland Stapleton (7/13/2020)
S
001005-
BOCC Exhibit - Harold's (Amerin) Excavating Services (7/10/2020)
T
001006-
BOCC Exhibit - Jerke (7/14/2020)
U
001007-
BOCC Exhibit - McDonogh (7/14/2020)
V
001009-
BOCC Exhibit - Colorado Asphalt Association / Peterson (7/15/2020)
W
001010-
BOCC Exhibit - Weld Sheriff Reams (7/15/2020)
X
001012-
BOCC Exhibit - Shulse (7/14/2020)
Y
001014-
BOCC Exhibit - Kisker (7/15/2020)
Z
001017-
BOCC Exhibit - Balich (7/15/2020)
AA
001019-
BOCC Exhibit - Colorado Oil and Gas Association (7/17/2020)
AB
001021-
BOCC Exhibit - Robertson (7/15/2020)
AC
001025-
BOCC Exhibit - Perardi (7/16/2020)
AD
001026-
BOCC Exhibit - Zinn
AE
001027-
BOCC Exhibit - Straub (7/16/2020)
AF
001028-
BOCC Exhibit - Straub (7/15/2020)
AG
001029-
BOCC Exhibit - Livingston Leigh Livestock, LLC (7/15/2020)
AH
001030-
BOCC Exhibit - DiTullio
Al
001031-
BOCC Exhibit - JeDunn Construction / Moore (7/14/2020)
Ai
001032-
BOCC Exhibit - Moser
AK
001033-
BOCC Exhibit - Noise Compatibility Case Study: The Inverse Square Law
AL
001047-
BOCC Exhibit - Colorado Stone, Sand & Gravel Association (7/17/2020)
AM
001048-
BOCC Exhibit - Union Pacific Railroad (7/17/2020)
AN
001049-
BOCC Exhibit - Markus (7/20/2020)
AO
001051-
BOCC Exhibit - Homebuilders Association of Northern Colorado (7/20/2020)
AP
001053-
BOCC Exhibit - Shulse (7/14/2020)
AQ
001056-
BOCC Exhibit - Otten Johnson, Proposed Finding of Fact (7/20/2020)
AR
001065-
Cont'd - Sound Level Survey by Behrens and Associates, Inc.
001179-
Cont'd - Steward Environmental Consulting Group - Air Emissions Assessment
001197-
Cont'd - Tetra Tech Stormwater and Groundwater Quality
001205-
BOCC Exhibit Inventory Control Sheet
001207-
BOCC Exhibit - Kisker - Water Quality (7/20/2020)
AS
001234-
BOCC Exhibit - Brown (7/20/2020)
AT
001236-
BOCC Exhibit - Neighborhood Presentation (7/22/2020)
AU
001289-
BOCC Exhibit - Rosenquist (5/14/2020)
AV
001290-
BOCC Exhibit - Kupec (7/21/2020)
AW
001292-
BOCC Exhibit - Herson (7/20/2020)
AX
001294-
BOCC Exhibit - Dighero (7/21/2020)
AY
001296-
BOCC Exhibit - Colorado Lending Source (7/21/2020)
AZ
001297-
BOCC Exhibit - 4X Industrial, LLC (7/15/2020)
BA
001298-
BOCC Exhibit - Interstate Highway Construction (7/15/2020)
BB
001300-
BOCC Exhibit - Laswon Construction (7/21/2020)
BC
001301-
BOCC Exhibit - Gonzales (7/21/2020)
BD
001303-
BOCC Exhibit - Echternacht (7/21/2020)
BE
001304-
BOCC Exhibit - Applicant PowerPoint Presentation (7/22/2020)
BF
001338-
BOCC Exhibit - Rockin' S Ranch / Barnett (7/22/2020)
BG
001340-
BOCC Exhibit - Cotner (7/21/2020)
BH
001342-
BOCC Exhibit - Oakes (7/21/2020)
BI
001344-
BOCC Exhibit - Meusch (7/21/2020)
BJ
001347-
BOCC Exhibit - Dighero (7/21/2020)
BK
001349-
BOCC Exhibit - Boccella (7/21/2020)
BL
001351-
BOCC Exhibit - Lightfield Enterprises, Inc. (7/21/2020)
BM
001352-
BOCC Exhibit - Miller (7/22/2020)
BN
001359-
BOCC Exhibit - Ralph L. Wadsworth Construction, LLC (7/14/2020)
BO
001360-
BOCC Exhibit - Wagner (7/21/2020)
BP
001362-
BOCC Exhibit - Sayer (7/22/2020)
BQ
001364-
BOCC Exhibit - Oplinger (7/22/2020)
BR
001366-
BOCC Exhibit - CLR-34 Neighborhood Assn. Petition (7/21/2020)
BS
001369-
BOCC Exhibit - Shipping Invoice (6/18/2020)
BT
001370-
BOCC Exhibit - Cross-sectional Study of Air Pollution & Covid-19
BU
001371-
BOCC Exhibit - Applicant PowerPoint Rebuttal Presentation (7/22/2020)
BV
001414-
BOCC Exhibit - Glasco (7/22/2020)
BW
001415-
BOCC Exhibit - Ward (7/22/2020)
BX
001419-
BOCC Exhibit Inventory Control Sheet
001420-
BOCC Exhibit - CLR-34 Neighborhood PowerPoint presentation (7/22/2020)
BY
1 PAGE OF DOCUMENT
INCLUDED IN PAPER FILE.
RESOLUTION
REMAINDER RETAINED
ELECTRONICALLY IN TYLER.
RE: GRANT CHANGE OF ZONE, COZ20-0004, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE I-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - GERRARD
INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC
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, a public hearing was held on the 22nd day of July, 2020, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Gerrard Investments, LLC,
27154 CR 13, Johnstown, Colorado 80534, do Rock and Rail, LLC, 1627 Cole Blvd., Suite 200,
Lakewood, Colorado 80401, requesting a Change of Zone, COZ20-0004, from the A (Agricultural)
Zone District to the 1-3 (Heavy Industrial) Zone District for a parcel of land located on the following
described real estate, to -wit:
Lot B of Recorded Exemption, RE -2803: being part
of the SW1/4 and SE1/4, and a tract being part of
the SW1/4, all in Section 18, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by Brian Connolly, Otten,
Johnson, Robinson, Neff and Ragonetti, PC, 950 17th Suite #1600 Denver, CO 80202, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the minutes of the Weld County Planning
Commission hearing, which resulted in a tie vote and lack of recommendation, and, having been
fully informed, finds that this request shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with Section
23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.B.1 — "The proposal is consistent with the policies of
Chapter 22 of this Code; if not, then that the zoning of the property under
consideration is faulty, or that changing conditions in the area warrant a
Change of Zone."
1)
Section 22-2-80.A (I.Goal 1) states: "Promote the location of
industrial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipalities'
Pl.( A3 /If) PW (u k /Nk) bI C u-)
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2020-2111
PL2360
December 3, 2020
James R. Silvestro
Ireland Stapleton Pryor & Pascoe, PC
717 17th Street, Suite 2800
Denver, Colorado 80202
Lin
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CLERK TO THE BOARD
PHnNF(a7n) 400-4226
)) 336-7233
O STREET
). BOX 758
ADO 80632
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com®.
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
O Certified Mail Restricted Delivery
❑ Adult Signature Required $
• Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
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Street and Apt. No., or PC Mfral
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PS Form 3800, April 2015 PSN 7530-02-000-9047
RE: Partial Refund of Transcript Deposit (COZ20-0004)
(* No OrLe cad rtC ti -tacjetai
„email)
Per earlier conversations, your firm submitted a deposit on behalf of your client, in the amount of
$3,892.50, as payment towards an estimated cost to produce a certified transcript and court
record. The final cost came to $2,597.50, therefore, I have enclosed a refund n the amount of
$1,295.00.
Hello Mr. Silvestro:
liteastoe,
See Reverse for Instructions
3Idgov. corn
If you have questions or need additional information, please do not hesitate to contact me at
(970) 400-4226.
Very truly yours,
Esther E. Gesick
Clerk to the Board
egesick@weldgov.com
Esther Gesick
From:
Sent:
To:
Subject:
James Silvestro <JSilvestro@irelandstapleton.com>
Thursday, January 21, 2021 9:47 AM
Esther Gesick
COZ20-004 - Deposit Refund
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Ms. Gesick,
Thank you for your voicemail. We did receive the refund check back in December, and I have confirmed that it was
successfully deposited.
Regards,
James
James Silvestro
Attorney at Law
Ireland Stapleton Pryor & Pascoe, PC
717 17th Street, Suite 2800
Denver, CO 80202
Direct: (303) 628-3632 I Fax: (303) 623-2062
www.irelandstapleton.com
This electronic communication (including attachments) is intended solely for the person or persons to whom it is
addressed and may contain confidential and attorney/client privileged information. If you receive this communication in
error, (a) you are prohibited from disseminating or copying this communication (including attachments), (b) please
notify the sender that you received it in error and (c) delete this communication (including attachments) from your
system. Thank you.
1
Invoice for Transcript and Certification of Record
Esther E. Gesick, Clerk to the Board
1150 O Street, Greeley, Colorado 80631
(970) 400-4226 / egesick@weldgov.com
July 22, 2020, Hearing Transcript HE20-47 (PL2360) re: COZ20-0004 — Gerrard Investments,
LLC, c/o Rock and Rail, LLC (prepared by Dauster/Murphy and certified by Esther E. Gesick,
Weld County Clerk to the Board)
Transcript writing time
Transcript pages
SUBTOTAL:
+ CTB Case File preparation
+ CTB Transcript Certification
SUBTOTAL:
6.5 hrs X $25.00
331pgsX$5.00
6.5 hrs X $60.00
6.5 hrs X $60.00
GRAND TOTAL:
Deposit
Credit Due to Applicant
Case File Prep
(Estimate)
(Tyler downloads)
Staff Time Log
Date
10/22/20
Time
9:15 a.m.
3:45 p.m.
(Inventory/Bates) 10/23/20 2:30 p.m.
10:30 a.m.
5:00 p.m.
5:00 p.m.
(File Certification) 11/20/20 10:30 a.m. — 12:00 p.m.
TOTAL:
Transcript Cert
TOTAL:
Date Time
11/17/20 11:00 a.m.- 1:00p.m.
3:30 p.m. - 5:00 P.M.
11/18/20 1:24 p.m. - 2:25 p.m.
11/19/20 2:00 p.m. - 3:24 p.m.
4:30 p.m. - 5:00 p.m.
6:05 p.m. - 6:22 p.m.
_ $ 162.50
_ $1,655.00
$1,817.50
$ 390.00
$ 390.00
$ 780.00
S 2,597.50
(-53,892.50)
$1,295.00
Logged
1.25 hrs
1.25 hrs
2.50 hrs
1.50 hrs
6.50 hrs
Logged
2.00 hrs
1.50 hrs
1.00 hrs
1.25 hrs
0.50 hrs
0.25 hrs
6.50 hrs
FOR SECURITY PURPOSES, THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING
WELD COUNTY GOVERNMENT REVOLVING FUND
1150 O Street Room 107
Greeley. CO 80631
PAY
TO THE
ORDER OF
MEMO:
DATE _
� �sGrt-iv s"lnPLc-rov �i�yd2 � PArccoE) Pc
WELLS FARGO BANK, N.A.
GRAND JUNCTION. CO
23-7/1020
(2/3/2070
t-tN uVt 6VE Da PartS I o.
16970
124 cw/co
D ollARS
NP
AUTHORIZED SIGNATURE
DETAILS ON BACK.
0
W
0
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w
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REQUEST FOR REVOLVING FUND CHECK
FROM: Esther Gesick
DEPARTMENT: Clerk to the Board
DATE: 12-03-2020
CHECK TO BE ISSUED TO:
CHECK AMOUNT:
IRELAND STAPLETON PRYOR & PASCOE, PC
$1,295.00
REASON FOR ISSUANCE:
The applicant submitted a deposit for transcript and certified record services; however, the
completed work took less time than anticipated and a refund is due.
APPROVED: Esther Gesick
CHECK WRITTEN:
CHECK AMOUNT:
STATEMENT SENT:
FORM: 807-79-024
Digitally signed by Esther Gesick
Date: 2020.12.03 08:43:30 -07'00'
(Elected Official or Department Head Signature)
ACCOUNTING OFFICE USE ONLY
CHECK NUMBER:
PAYEE:
PAYMENT RECEIVED:
CTB(M:)\TEMPLATES\FORMS\Revolving Fund Check Request Form
Murphy Court Reporting, LLC
PO Box 753
Broomfield, Colorado
80038
Bill To
Esther Gesick
egesick@weldgov.com
Description
Audio Transcript Docket No. 2020-47
7/22/2020
Transcribed 11/15/2020
6.5 Writing time
331 Transcript Copy
i Thank you for your business.
82-1347267
Total
25.00'[
5.00
Invoice
162.50
1,655.00
$1.817.50
IRELAND
\I'LL'ION
October 30, 2020
Diane Beckman
1150 O Street
Greeley, CO 80631
JAMES R. SILVESTRO
ATTORNEY AT LAW
(303) 628-3632 (direct)
jsilvestro@irelandstapleton.com
RECEIVED
NOV 0 4 2020
WELD COUNTY
COMMISSIONER(
Re: July 22, 2020 Hearing Transcript HE20-48 (PL2360) re COZ20-
0004 — Gerrard Investments, LLC c% Rock and Rail, LLC
Dear Ms. Beckman:
Enclosed please find a check in the amount of $3,892.50 as a deposit for the above
referenced estimate. We have enclosed a copy of the estimate as well.
If you have any questions or require anything additional, please feel free to reach out to my
direct line, provided above.
Sincerely,
s/ James Silvestro
James R. Silvestro
Enclosures
IRELAND STAPLETON PRYOR & PASCOE, PC
'*1,10 1H _fNVIN.VVF'J= -[I .il i ;:f �s._., INNINNIANDSEAPLCAN.COM
3321886.1
88136
IRELAND STAPLETON PRYOR & PASCOE, PC
PAY
TO THE
ORDER OF
OPERATING ACCOUNT
717 17TH STREET, SUITE 2800
DENVER, CO 80202
303-623-2700
Three thousand eight hundred ninety-two Dollars 50/100
WELD COUNTY, COLORADO
1150 0 STREET
GREELEY CO 80631
UMB UMB BANK NA
18-69/1010
DATE
October 30, 2020
Le,t
IRELAND STAPLETON PRYOR & PASCOE, PC OPERATING ACCOUNT
7447
102920
WELD COUNTY. COLORADO
2020-10-29
$3,892.50 $0.00
AMOUNT
$3,892.50
AUTHORIZED SIGNATURE
10/30/2020
Estimate for Deposit - Transcript & Certification re: COZ20-0004 - Gerrard Investments, LLC, c/o Rock and Rail, LLC
CO0
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RECCIVFD
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WELD COUNTY
COMMISSIONERS
RECEIPT DATE f)-f(aOZo
RECEIVED FROM Stipidon. I"rtior d'�LiC.aa.-� PC'
ADDRESS
FOR rautfrCipla(&flo—tw
HOW PAID
CASH
CHECK
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ORDER
Security features Details on back.
„:411
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88136
88136
$3,892.50
No 91250
a4- 8813b
BYW
ESTIMATE for Deposit — Transcript and Certification
Esther E. Gesick, Clerk to the Board
1150 O Street, Greeley, Colorado 80631
(970) 400-4226 / egesick@weldgov.com
July 22, 2020, Hearing Transcript HE20-47 (PL2360) re: COZ20-0004 — Gerrard Investments,
LLC, c/o Rock and Rail, LLC (prepared by Dauster/Murphy and certified by Esther E. Gesick,
Weld County Clerk to the Board)
Transcriptionist estimated fees
Transcriptionist estimated pages
SUBTOTAL:
+ CTB Transcript Certification
+ CTB Case File preparation
SUBTOTAL:
7.5 hrg hrs X 3 X $25.00
7.5 hrg hrs X 60 pgs X $5.00
7.5 hrg hrs X 2 X $60.00
3 hrs X $60.00
_ $ 562.50
= $2,250.00
$2,812.50
_ $ 900.00
_ $ 180.00
$1,080.00
GRAND TOTAL: $3,892.50
Esther Gesick
From:
Sent:
To:
Subject:
Esther,
Bob Choate
Friday, October 30, 2020 3:45 PM
Esther Gesick
FW: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard
Investments, LLC / Rock and Rail, LLC
FYI, James Silvestro indicated below that the check for your estimated record preparation costs in the Rock and Rail
appeal was mailed today. The deadline to file the certified record is November 20th. Let me know if you need anything
on this (or anything else, of course).
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: James Silvestro <JSilvestro@irelandstapleton.com>
Sent: Friday, October 30, 2020 3:42 PM
To: Bob Choate <bchoate@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Mark E. Lacis <MLacis@irelandstapleton.com>
Subject: RE: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard Investments, LLC / Rock and
Rail, LLC
Counsel,
The check was mailed out today. Please let us know if you do not receive it by mid -week next week.
Regards,
James
James Silvestro
Attorney at Law
1
IRELAND
S'I' A P L E'I O N
Ireland Stapleton Pryor & Pascoe, PC
717 17th Street, Suite 2800
Denver, CO 80202
Direct: (303) 628-3632 I Fax: (303) 623-2062
www.irelandstapleton.com
This electronic communication (including attachments) is intended solely for the person or persons to whom it is
addressed and may contain confidential and attorney/client privileged information. If you receive this communication in
error, (a) you are prohibited from disseminating or copying this communication (including attachments), (b) please
notify the sender that you received it in error and (c) delete this communication (including attachments) from your
system. Thank you.
From: Bob Choate <bchoate@weldgov.com>
Sent: Thursday, October 29, 2020 10:46 AM
To: James Silvestro <JSilvestro@irelandstapleton.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Mark E. Lacis <MLacis@irelandstapleton.com>
Subject: RE: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard Investments, LLC / Rock and
Rail, LLC
[EXTERNAL EMAIL]
You can send me a check payable to Weld County, or you could contact my paralegal, Diane Beckman, to make a credit
card payment, at (970) 336-7235. Please let me know your plan so I can tell Diane if necessary.
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: James Silvestro <JSilvestro@irelandstapleton.com>
Sent: Thursday, October 29, 2020 10:35 AM
To: Bob Choate <bchoate@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Mark E. Lacis <MLacis@irelandstapleton.com>
Subject: RE: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard Investments, LLC / Rock and
Rail, LLC
Thanks, Bob. How should we transmit payment for the deposit?
Thanks,
James
2
James Silvestro
Attorney at Law
IRELAND
ST APLE ON
Ireland Stapleton Pryor & Pascoe, PC
717 17th Street, Suite 2800
Denver, CO 80202
Direct: (303) 628-3632 I Fax: (303) 623-2062
www.irelandstapleton.com
This electronic communication (including attachments) is intended solely for the person or persons to whom it is
addressed and may contain confidential and attorney/client privileged information. If you receive this communication in
error, (a) you are prohibited from disseminating or copying this communication (including attachments), (b) please
notify the sender that you received it in error and (c) delete this communication (including attachments) from your
system. Thank you.
From: Bob Choate <bchoate@weldgov.com>
Sent: Thursday, October 29, 2020 10:28 AM
To: James Silvestro <JSilvestro@irelandstapleton.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Mark E. Lacis <MLacis@irelandstapleton.com>
Subject: RE: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard Investments, LLC / Rock and
Rail, LLC
[EXTERNAL EMAIL]
The clerk to the Board has to review the transcript along with the audio for accuracy. She also has familiarity with the
officials and staff to ensure that the reporter gets the names correct of who is talking, and access to the sign in sheets to
do the same for the public comments. A court reporter is present for a hearing, whereas here they cannot certify a
transcript because they were not, so the Clerk to the Board must do so. Esther Gesick is quite efficient at this, so you can
be sure that she will only take as much time as necessary to ensure it is accurate.
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: James Silvestro<JSilvestro@irelandstapleton.com>
Sent: Thursday, October 29, 2020 10:22 AM
To: Bob Choate <bchoate@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Mark E. Lacis <MLacis@irelandstapleton.com>
Subject: RE: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard Investments, LLC / Rock and
Rail, LLC
3
Counsel,
We are unclear as to why the Clerk to the Board would need to 15 hours certifying a transcript that will be prepared and
(presumably) certified by a licensed court reporter. Please advise.
Regards,
James
James Silvestro
Attorney at Law
IRELAND
S "T' A P L ET O N
Ireland Stapleton Pryor & Pascoe, PC
717 17th Street, Suite 2800
Denver, CO 80202
Direct: (303) 628-3632 I Fax: (303) 623-2062
www.irelandstapleton.com
This electronic communication (including attachments) is intended solely for the person or persons to whom it is
addressed and may contain confidential and attorney/client privileged information. If you receive this communication in
error, (a) you are prohibited from disseminating or copying this communication (including attachments), (b) please
notify the sender that you received it in error and (c) delete this communication (including attachments) from your
system. Thank you.
From: Bob Choate <bchoate@weldgov.com>
Sent: Tuesday, October 27, 2020 11:19 AM
To: James Silvestro <JSilvestro@irelandstapleton.com>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: FW: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard Investments, LLC / Rock and
Rail, LLC
[EXTERNAL EMAIL]
James,
Please see the attached estimate from Weld County Clerk to the Board Esther Gesick regarding preparation and
certification of the record and transcript in the Indianhead v. Weld matter. This estimate is based on her prior
experiences but we can provide an actual receipt of all time spent on it once it is complete, and will refund any amounts
not used. In accordance with C.R.C.P. 106(a)(4)(IV), please let me know if you client agrees to pay the estimate, and Ms.
Gesick can have the transcriptionist start the work.
4
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: Esther Gesick <egesick@weldgov.com>
Sent: Tuesday, October 27, 2020 11:07 AM
To: Bob Choate <bchoate@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>
Subject: Cost Estimate for Transcript and Case file preparation - COZ20-0004, Gerrard Investments, LLC / Rock and Rail,
LLC
Here you go!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
5
Hello