HomeMy WebLinkAbout20181444.tiff1
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
1150 O Street, Greeley, Colorado 80634
TRANSCRIPT OF PUBLIC MEETING
DOCKET 2017-86.A
IN RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0O43, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT
AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND
SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, AND OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT -
CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC.
(10:46 A.M. TO 11:18 A.M.)
The above -entitled matter came for public meeting before the Weld County Board of
County Commissioners on Wednesday, October 25, 2017, at 1150 O Street, Greeley, Colorado,
before Tisa Juanicorena, Deputy Clerk to the Board.
I HEREBY CERTIFY that upon listening to the audio record, the attached transcript, as
prepared by Rebecca J. Collings, DausterlMurphy, 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
Com rhLOA co:6.11;.S
05'.01 1B
2018-1444
-pL asO3
2
1 APPEARANCES:
2 ON BEHALF OF THE BOARD OF COMMISSIONERS:
3 COMMISSIONER JULIE A. COZAD, CHAIR
4 COMMISSIONER STEVE MORENO, PRO-TEM
5 COMMISSIONER SEAN P. CONWAY
6 COMMISSIONER MIKE FREEMAN
7 COMMISSIONER BARBARA KIRKMEYER
8 ALSO PRESENT:
9 ACTING CLERK TO THE BOARD, TISA JUANICORENA
10 ASSISTANT COUNTY ATTORNEY, BOB CHOATE
11 PLANNING SERVICES DEPARTMENT, KIM OGLE
12 APPLICANT REPRESENTATIVE:
13 ANNE BEST -JOHNSON, TETRA TECH
3
1 (Beginning of audio recording.)
2 COMMISSIONER COZAD: Okay. Mr. Ogle, are
3 you ready? Ready? Okay. Sorry. Yeah, we will.
4 We'll go ahead and call up Docket
5 Number 2017-86.
6 MR. CHOATE: For Docket 2017-86, this is
7 Case USR17-0043. The applicant is Cactus Hill Ranch
8 Company in care of Simon Contractors. The request is a
9 Site Specific Development Plan and Use by Special Review Permit
10 for Mineral Resource Development, including asphalt and
11 concrete batch plants; materials processing, crushing
12 and screening; material stockpiles; an office; a shop;
13 outdoor truck and employee parking in the agricultural
14 zone district.
15 This is the -- part of the west half of
16 Section 16, Township 7, North, Range 67 West of the Sixth
17 Prime Meridian in Weld County, located south of and
18 adjacent to County Road 80 1/2, east of and adjacent to
19 State Highway 257.
20 Notice of today's hearing was published, I
21 believe, September 20, 2017, in the Greeley Tribune.
22 COMMISSIONER COZAD: Okay. Very good. Is
23 the applicant or the applicant's representative in the
24 room?
25 UNKNOWN MALE: I think so. Let me go get
4
1 them.
2 COMMISSIONER COZAD: Thank you.
3 UNKNOWN MALE: I didn't think they were.
4 COMMISSIONER COZAD: I didn't think they
5 were either.
6 MS. LAKE: Could I ask a question?
7 COMMISSIONER COZAD: If you'll go ahead
8 and -- we're not in the public hearing yet, but if
9 you'll come up to the microphone and just state your
10 name and address, because we're on the record. Go
11 ahead.
12 MS. LAKE: I'm Sue Lake, 9112 Weld County
13 Road 78. I was just asking if you could turn the sound
14 up a little bit. My husband's pretty hard of hearing.
15 COMMISSIONER COZAD: And we do have some
16 hearing -- we do have some hearing assistance that we
17 can provide to you if you need it. If you'll go over
18 and ask the clerk, she can get that for you.
19 MS. LAKE: Thank you.
20 COMMISSIONER COZAD: And so I guess I will
21 just ask everybody to speak clearly and into the
22 microphone, and the same goes for everybody when you
23 ccme up, if you'll do that as well.
24 Okay. Is the applicant's representative
25 here? I'm sorry. Come on up.
5
1 MS. BEST JOHNSON: Good morning,
2 Chairwoman Cozad.
3 COMMISSIONER COZAD: You can go ahead and
4 introduce yourself.
5 MS. BEST JOHNSON: Anne Johnson, Tetra
6 Tech, 1900 South Sunset Street, 1E, Longmont, Colorado
7 80501.
8 COMMISSIONER COZAD: Okay. So we're just
9 giving you an advisement this morning that, as you can
10 see, there are only four out of five county
11 commissioners in attendance today. And if this would be
12 a tie today, Commissioner Kirkmeyer would have to listen
13 to the tapes and make the final decision. Okay?
14 MS. BEST JOHNSON: We understand that.
15 Thank you.
16 COMMISSIONER COZAD: Okay. Thank you.
17 Mr. Ogle?
18 MR. OGLE: Good morning. Kim Ogle,
19 Department of Planning Services. At the request of the
20 applicant, the applicant is requesting a continuance of
21 this case so they can provide a second meeting to the
22 surrounding property owners in attempting to address the
23 concerns.
24 Staff has received 11 letters since Monday
25 with concerns about the batch plant, the operation of
6
1 the batch plant, and the potential impacts to having the
2 batch plant at that location. The applicants will ask
3 for that request as well. We are requesting the
4 application be heard on November 8.
5 COMMISSIONER COZAD: At 10:00 a.m.?
6 MR. OGLE: 10:00 a.m.
7 COMMISSIONER COZAD: And that works with
8 the schedule?
9 MR. OGLE: It does. We have one case
10 that's continued. It's the Thomas case.
11 COMMISSIONER COZAD: Okay.
12 MR. OGLE: And so there's three cases held
13 that day.
14 COMMISSIONER COZAD: Okay.
15 UNKNOWN MALE: Sorry. Can I have the
16 date?
17 COMMISSIONER COZAD: November 8 at
18 10:00 a.m. The applicant and applicant's rep --
19 COMMISSIONER FREEMAN: Can I ask a question?
20 COMMISSIONER COZAD: Yeah, hang on just a
21 second.
22 COMMISSIONER FREEMAN: So --
23 COMMISSIONER COZAD: Go ahead.
24 UNKNOWN MALE: I think it's pretty
25 important that all five of us be present for this. So
7
1 I'm just checking, are all five of us going to be
2 present on November 8?
3 COMMISSIONER COZAD: I believe so.
4 UNKNOWN MALE: Yes, you are.
5 COMMISSIONER COZAD: Okay. Did you have a
6 question, Mr. Conway?
7 COMMISSIONER CONWAY: I do. I show we
8 have three USRs that day.
9 COMMISSIONER COZAD: We do. One's being
10 continued from that date.
11 COMMISSIONER CONWAY: Okay.
12 COMMISSIONER COZAD: Not moving forward
13 that date.
14 COMMISSIONER CONWAY: It's not? So that
15 will be a continuance and then there will be two?
16 MR. OGLE: That's correct, yes.
17 COMMISSIONER CONWAY: Thank you.
18 COMMISSIONER COZAD: Okay. So if the
19 applicant's representative, please come forward. Go
20 ahead and give any comments that you'd like to make.
21 MS. BEST JOHNSON: We do have no
22 additional comments. There have been several letters
23 received within the past two days, and we are going to
24 held a second surrounding property open house. We'll
25 hold that early next week, and we'll send out letters
8
1 his week and we'll send those letters out to everybody
2 within a mile.
3 The first open house we did have, prior to
4 submitting the application, and we sent letters out to
5 everybody within a thousand feet, and we'll go ahead and
6 send a postcard out to everybody within one mile. And
7 we'll have an open house next week.
8 COMMISSIONER COZAD: Okay. So I will go
9 ahead and open up public hearing, but only to discuss
10 the continuance. So if there's anybody that would like
11 to come up and make comments on continuing this case to
12 November 8th, if you'll come forward, come up to the
13 microphone, state your name and address for the record.
14 Would anybody like to come forward on
15 continuing this case to November 8th?
16 Hang on a second.
17 If you'll come up to the microphone. I
18 need you to state your name and address for the record,
19 and the comments need to be only on the continuance. So
20 if you want to come on up.
21 Before you speak, I think Commissioner
22 Conway had a question. Did you have a question?
23 COMMISSIONER CONWAY: No, go ahead.
24 COMMISSIONER COZAD: Okay.
25 COMMISSIONER CONWAY: Minor.
9
1 COMMISSIONER COZAD: All right.
2 MS. TUFTS: My name is Linda Tufts. I
3 live at 39124 County Road. 19. And my concern with the
4 neighborhood meeting with the notice only going out with
5 a mile, there are several people that are here that
6 would fall outside of that boundary. So, I would ask
7 that they maybe extend their boundary of notification so
8 that all these people can be informed of the time and
9 the date and the location of that meeting.
10 COMMISSIONER COZAD: I think maybe the
11 applicant can address it. But I think if people are
12 here today and they'd like to go to the meeting, I think
13 they're welcome to go to the meeting. So, I think they
14 can speak to the applicant's representative and work
15 that out.
16 Any other comments that you have on the
17 continuance?
18 MS. TUFTS: No, ma'am.
19 COMMISSIONER COZAD: Okay. Thank you.
20 Would anybody else like to come forward
21 and speak on the continuance? Come on up to the
22 microphone. Again, if you'll state your name and
23 address for the record.
24 MS. DOYLE: Hi.
25 COMMISSIONER COZAD: Hi.
10
1 MS. DOYLE: My name is Laura Doyle. I
2 live at 8775 Weld County Road 80 1/2. I am well within
3 that distance that she says she sent out cards. I feel
4 I wasn't notified either. So, I agree with the
5 continuance.
6 COMMISSIONER COZAD: Okay.
7 MS. DOYLE: I also come here by request of
8 two large business owners that want to be included.
9 They believe they use that ditch water that you're going
10 to put retaining ponds by. It is Wolf Creek Dairy. He
11 put his owner's name on the back. He's out of town.
12 But he believes he pays enough tax. He wants to talk to
13 you guys.
14 COMMISSIONER COZAD: Okay.
15 MS. DOYLE: And Hersch Dairy.
16 COMMISSIONER COZAD: Can you give the
17 names to the applicant's representative so that she can
18 get them on the list to go to the meeting?
19 MS. DOYLE: Sure.
20 COMMISSIONER COZAD: Okay.
21 MS. DOYLE: And also, I just want to let
22 you know with this continuance, I want a stay from them
23 delivering stuff to my property. I have proof from the
24 office of the planning committee that my address was
25 given out as their delivery address, and I've been woken
11
1 up 21 days in the last three months while I work as a
2 nurse. I want that considered. I have proof on
3 August 29th your office finally submitted the real address
4 of their property. That should be considered when you
5 put a business somewhere. Don't use the neighbor's
6 address (unintelligible).
7 COMMISSIONER COZAD: Okay, ma'am, if
8 you'll address the board, please. Address the board.
9 MS. DOYLE: Sorry.
10 COMMISSIONER COZAD: And then if you want
11 to provide that back to the applicant. And if you have
12 a copy of that that we can put on the record, we'll put
13 that into the record.
14 MS. DOYLE: I do, and I have a bill of
15 lading --
16 COMMISSIONER COZAD: Okay.
17 MS. DOYLE: -- (unintelligible) and trucks
18 in front of my house.
19 COMMISSIONER COZAD: Okay. Yeah, if you
20 can submit that so we can put that in as evidence, that
21 would be great. Thank you. Did you have any other
22 comments today? Thank you for being here.
23 Is there anybody else who would like to
24 come forward to speak about the continuance?
25 MR. SCHULTE: Good morning. Christian
12
1 Schulte. I'm an attorney representing one of the
2 adjacent landowners, Mr. Thomas Moore.
3 I think I just wanted to come up here to
4 clarify. I heard some discussion, but we didn't catch
5 everything back there. Will all five commissioners be
6 there on the 8th?
7 COMMISSIONER COZAD: Yes.
8 MR, SCHULTE: And what hour are we looking
9 at?
10 COMMISSIONER COZAD: 10:00.
11 MR. SCHULTE: 10:00? Same as today?
12 COMMISSIONER COZAD: Yeah.
13 MR. SCHULTE: All right. Thank you.
14 COMMISSIONER COZAD: Okay. Generally --
15 and we can make sure that this happens. Generally, any
16 case that gets continued goes first on the agenda.
17 So --
18 MR. SCHULTE: Excellent. Okay.
19 COMMISSIONER COZAD: Although, Kim's got
20 his hand up. So, Kim.
21 MR. OGLE: So one of the cases was
22 continued from a September 20 --
23 COMMISSIONER COZAD: Okay.
24 MR. OGLE: -- hearing date until
25 November 8, so that case normally would go first.
13
1 COMMISSIONER COZAD: That would go first?
2 Okay. Yeah. So --
3 MR. SCHULTE: Thank you so much.
4 COMMISSIONER COZAD: Yes, but all five of
5 us will be here.
6 Commissioner Conway?
7 COMMISSIONER CONWAY: Christian, are you
8 okay with the continuance to the --
9 MR. SCHULTE: We've checked our calendars.
10 Mr. Moore I think is a little frustrated.
11 COMMISSIONER CONWAY: I know.
12 MR. SCHULTE: Found out about this today.
13 COMMISSIONER CONWAY: Yeah.
14 MR. SCHULTE: So we'll note that. That --
15 if Mr. Moore wants to address further, I'll let him
16 stand. Thank you.
17 COMMISSIONER COZAD: Okay. Thank you.
18 Mr. Moore, do you want to come on up? Make sure you
19 state your name and address for the record.
20 MR. MOORE: I'm Tom Moore, K&M Company,
21 Post Office Box 449, Fort Collins.
22 We have a farm adjacent to this, and I
23 appreciate your thoughts to have all -- all
24 Commissioners here. This is a big deal for the
25 neighborhood, and I appreciate you taking that into
14
1 consideration. We sent out postcards, and I want to
2 thank everybody for making the effort to get here, and I
3 hope we can do -- get this kind of turnout again. Thank
4 you.
5 COMMISSIONER COZAD: Okay. Thank you.
6 Any questions for Mr. Moore?
7 Thank you for being here.
8 Would anybody else like to come forward
9 and speak on the continuance of USR17-0043?
10 UNKNOWN FEMALE: (Unintelligible.)
11 Can you -- you have to come back up to the
12 microphone. Everything has to be on the record. I'm
13 sorry. And if you'll restate your name and address. Or
14 not your address, just your name is fine.
15 MS. DOYLE: Sorry. My name is Laura
16 Doyle. I live at 8775 Weld County Road 80 1/2. I'm a
17 nurse. I would like to also ask on this continuation if
18 the study for the traffic would be re -looked at.
19 There's been an oil well since the study I read on the
20 internet was done. I have a video of what it looks like
21 driving home on this intersection in front of this
22 place.
23 COMMISSIONER COZAD: Okay.
24 MS. DOYLE: It doesn't reflect that.
25 COMMISSIONER COZAD: Okay. Thank you.
15
1 And I just think we need to keep the testimony today as
2 close just to the continuance as possible. There's some
3 things that -- I think if you can have a conversation
4 with the applicant today after we get done, that would
5 be helpful.
6 MS. DOYLE: Okay.
7 COMMISSIONER COZAD: If you have a minute,
S because I know you already took some time off from work.
9 So, if you can visit with them about what your concerns
10 are and then hopefully you can go to the neighborhood
11 meeting, some of these things can be addressed there as
12 well.
13 MS. DOYLE: All right.
14 COMMISSIONER COZAD: Okay? Thank you.
15 MS. DOYLE: Thank you.
16 COMMISSIONER COZAD: Anybody else from the
17 public like to come forward and speak on the
18 continuance? Thank you for --
19 MR. BROWN: Wendell Brown. I live at
20 39384 County Road 19.
21 COMMISSIONER COZAD: Okay.
22 MR. BROWN: The only comment I have is if
23 it can somehow go on record that I was here today,
24 because I will be out of town for that next meeting.
25 But I am opposed to this. So --
16
1 COMMISSIONER COZAD: Okay, so --
2 MR. BROWN: -- if that can go on record.
3 COMMISSIONER COZAD: Sure. And Mr. Brown,
4 if you -- if you haven't already, you can send in a
5 written statement.
6 MR. BROWN: I did send an email.
7 COMMISSIONER COZAD: Okay.
8 MR. BROWN: But I'm here in person as
9 well.
10 COMMISSIONER COZAD: Right. Okay.
11 MR. BROWN: Because it matters.
12 COMMISSIONER COZAD: Okay. Thank you.
13 And it is on the record that you were here today.
14 Commissioner Conway?
15 COMMISSIONER CONWAY: Yeah. Mr. Brown,
16 you -- oh, never mind.
17 COMMISSIONER COZAD: Sure, come on back
18 up.
19 MR. SCHULTE: I'm sorry.
20 COMMISSIONER COZAD: That's okay.
21 MR. SCHULTE: We didn't realize that
22 Mr. Moore has a scheduling conflict. Is there a
23 meeting -- the following meeting available?
24 COMMISSIONER COZAD: I think there was a
25 conflict for the applicant after the 8th, and then I
17
1 think -- I'm not sure if all five county Commissioners
2 are going to be here. We'll get the applicant back up.
3 And do you have a date?
4 MR. SCHULTE: One moment.
5 UNKNOWN MALE: Go beyond that.
6 MR. SCHULTE: Sorry. Mr. Schulte again.
7 We would request a date outside November 8th through 13.
8 That would be our request. Mr. Moore is the adjacent
9 property --
10 COMMISSIONER COZAD: The 8th through the
11 13th. And that would move us to the 15th, but we need
12 to get the applicant back up here to make sure that
13 works for them.
14 MR. SCHULTE: That's my request, and I
15 appreciate any consideration you can give.
16 COMMISSIONER COZAD: Okay.
17 MR. SCHULTE: Mr. Moore was here today and
18 wasn't aware of this continuance until obviously we were
19 here.
20 COMMISSIONER COZAD: Okay. All right.
21 Before we bring the applicant back up, is there anybody
22 else in the public that would like to come forward on
23 the continuance? Okay.
24 COMMISSIONER CONWAY: Question for Kim.
25 COMMISSIONER COZAD: Sure. Go ahead.
18
1 COMMISSIONER CONWAY: My calendar shows
2 that we already have two USRs that day, or are any of
3 those a continuance?
4 MR. OGLE: No. These two, and they're
5 both going to go.
6 COMMISSIONER CONWAY: So we'd have three
7 that day on the 15th if that's --
8 MR. OGLE: That's correct.
9 COMMISSIONER COZAD: But we need to make
10 sure that works for the applicant.
11 COMMISSIONER CONWAY: Yeah. Let me -- so
12 I'm going to throw out something. Could Christian come
13 back up here?
14 COMMISSIONER COZAD: Okay.
15 COMMISSIONER CONWAY: I'm sorry.
16 COMMISSIONER COZAD: That's all right. Go
17 ahead.
18 COMMISSIONER CONWAY: Well, I wanted to
19 ask him the question on the record.
20 COMMISSIONER COZAD: Sure. Go ahead.
21 COMMISSIONER CONWAY: I didn't want to
22 yell it across the room.
23 So, there is an option for the Board to do
24 Monday land use hearings. And I'm looking on the 13th.
25 Did you say that the 13th is a bad day?
19
1 MR. SCHULTE: That's --
2 COMMISSIONER COZAD: He said 8th through
3 13th.
4 COMMISSIONER CONWAY: That would be a
5 Monday.
6 MR. SCHULTE: And what time of day?
7 COMMISSIONER COZAD: 10:00.
8 COMMISSIONER CONWAY: 10:00.
9 MR. SCHULTE: Yes, I believe we can make
10 that work.
11 COMMISSIONER CONWAY: Okay. We just
12 didn't want to go down that path.
13 MR. SCHULTE: Right.
14 COMMISSIONER CONWAY: That was the
15 problem.
16 MR. SCHULTE: Monday, the 13th of
17 November, right?
18 COMMISSIONER CONWAY: Okay. Yep.
19 MR. SCHULTE: All right. Thank you.
20 COMMISSIONER COZAD: Okay. If the
21 applicant or the applicant's representative would like
22 to come back up. Does the 13th or the 15th work for you
23 and the applicant?
24 MS. BEST JOHNSON: Does the 6th -- we --
25 we would -- we would like to try to accommodate as much
20
1 as we can. However, pushing it past the 11th does
2 not -- pushing it past the 8th does not work. We wanted
3 to look at even having it next week to minimize the
4 time, but understand that next Wednesday is a full day
5 already for the commission.
6 So how about the -- Monday, the 6th, if
7 that is an opportunity?
8 COMMISSIONER COZAD: Christian, do you
9 want to come back up?
10 COMMISSIONER FREEMAN: I think it works. He said
11 (unintelligible) 8th.
12 COMMISSIONER COZAD: He said the 8th
13 through the 13th. Yes, Commissioner Conway.
14 COMMISSIONER CONWAY: So I'm looking at
15 the 1st, and the only thing we have is a board meeting
16 that (unintelligible).
17 COMMISSIONER COZAD: We have a long board
18 meeting that day. We have a big DCP planning hearing
19 that day --
20 COMMISSIONER CONWAY: Oh.
21 COMMISSIONER COZAD: -- that's at 9:00
22 that is already expected to be lengthy. That's why we
23 didn't -- that's why we didn't schedule anything else
24 that day.
25 MS. BEST JOHNSON: We tried to accommodate
21
1 your existing schedule.
2 COMMISSIONER COZAD: Right. So --
3 COMMISSIONER CONWAY: So I have a question
4 for the applicant. You're saying that you want to do it
5 sooner as opposed to later, but you've got to have a
6 meeting with all of these people in this room, correct?
7 UNKNOWN MALE: That they're going to do
8 next week.
9 MS. BEST JOHNSON: We do. I --
10 COMMISSIONER CONWAY: How are you going to
11 do it next week if you're looking at the 1st or the
12 30th?
13 MS. BEST JOHNSON: Well, we were going to
14 have a meeting this weekend. We could schedule
15 something this weekend. If we can have it on the 8th,
16 that's preferred. If we need to have it on the 6th,
17 that's preferred. I'm scheduled, actually, to leave the
18 country until December -- until the end of December.
19 COMMISSIONER CONWAY: And I appreciate
20 that, but I was going to tell you where this
21 Commissioner is at.
22 MS. BEST JOHNSON: Yeah, I understand.
23 COMMISSIONER CONWAY: You've got a room
24 full of people who have legitimate concerns, and they
25 need to be heard before this comes back, because all
22
1 it's going to do is -- is going to elongate this thing.
2 So, you've got a whole room of people who have schedules
3 too. They probably have trips planned. They probably
4 have other things planned.
5 You're -- you're telling me you want to
6 get it done. I appreciate -- and I appreciate the
7 applicant wants to move this forward. But these folks
8 are wanting to meet with you. They took time out of
9 their busy schedules to be here today for this. We're
10 trying to accommodate you by -- but you're the one that
11 is requesting the continuance, correct?
12 MS. BEST JOHNSON: We are requesting the
13 continuance, yes, because we would like to hear what
14 they have to say. We are just learning of their
15 concerns yesterday and this morning. And so we would
16 like to talk with them. We did have a surrounding
17 property owner meeting in July, and nobody came. So we
18 would like to meet with them now.
19 COMMISSIONER CONWAY: Okay.
20 COMMISSIONER COZAD: If the audience --
21 please, please, no -- no comments from the audience.
22 UNKNOWN MALE: So I understand that on the
23 1st is when we have the -- that's the DCP thing?
24 COMMISSIONER COZAD: Yes.
25 UNKNOWN MALE: Well, what about the 6th?
23
1 What about doing it on a Monday, on the 6th?
2 COMMISSIONER COZAD: We'll have to --
3 COMMISSIONER CONWAY: Well, we're going to
4 have to reschedule our project stuff. I'm fine if you
5 want to reschedule the --
6 COMMISSIONER COZAD: We've got time in the
7 afternoon that we can move things around, it looks like.
8 So we have work sessions scheduled, but we can move
9 them.
10 COMMISSIONER CONWAY: So you're --
11 COMMISSIONER COZAD: I think the 6th would
12 work as long as the applicant can get notice out to
13 everybody that wants to come to the neighborhood
14 meeting. I think we need to give adequate notice --
15 COMMISSIONER CONWAY: Yeah.
16 COMMISSIONER COZAD: -- to make sure
17 that -- you know, I think kind of short notice isn't
18 going to work. They need to have adequate notice to
19 have a meaningful meeting.
20 MS. BEST JOHNSON: If every --
21 UNKNOWN MALE: But if we were looking at
22 the 8th, we're just moving it up two days.
23 COMMISSIONER COZAD: Right. So if the 6th
24 works --
25 COMMISSIONER CONWAY: I'm fine with the
24
1 6th.
2 UNKNOWN MALE: But the 6th doesn't work
3 for Mr. Moore.
4 (Crosstalk.)
5 COMMISSIONER COZAD: I thought he said it
6 did work. He said the 8th through the 13th.
7 UNKNOWN MALE: The 6th doesn't work, it
8 looks like. Do you want him back up?
9 COMMISSIONER COZAD: Christian, do you
10 want to come back up again?
11 MR. SCHULTE: I think it's Mr. Moore's
12 position that we should just go today. We've got the
13 people here who would be affected by this meeting. If
14 there are other reasons to continue it, I haven't heard
15 that. That's --
16 COMMISSIONER COZAD: I think the applicant
17 is asking to continue it and would like to have all
18 five County Commissioners here, first of all. And I
19 think second of all, they're willing to have a
20 neighborhood meeting with folks that are further out
21 than a thousand feet. And I think that that's fair.
22 That's my position on it.
23 I think they're willing to sit down with
24 the folks that came today and see if there's some things
25 that we can all work on together between now and having
25
1 the hearing. And they've asked for that, and I think
2 from what I've heard from the rest of the Board, we
3 would like for that to happen.
4 MR. SCHULTE: So --
5 COMMISSIONER COZAD: Does the 6th work?
6 MR. SCHULTE: And that's the problem.
7 Mr. Moore doesn't have his calendar. Let me consult
8 with him. It sounds like this board is inclined to
9 grant --
10 COMMISSIONER COZAD: Why don't we take
11 about a five -- five-minute recess, and we'll reconvene
12 here in about five minutes so that everybody can have
13 some discussion and we'll come back.
14 MR. SCHULTE: Okay.
15 COMMISSIONER COZAD: Okay? So we'll take
16 a five-minute recess. Why don't we just come back at
17 11:15. Yes.
18 (Recess taken.)
19 COMMISSIONER COZAD: Okay. We'll
20 reconvene. Is my mic on? Okay. We'll go ahead and
21 reconvene.
22 One of the things I wanted to make sure
23 those of you that are in attendance, if you have the
24 attendance sheet that's going around, we need everybody
25 to make sure that your emails are legible so that we can
26
1 send out some emails to folks and so that the applicant
2 also can send any information out.
3 So, if that list is going around, sometimes
4 people think that their emails are legible, but we can't
5 read them. So, let's just pass it around and make sure
6 that we can read your emails and maybe even add a phone
7 number if you didn't so we can call you if we can't read
8 it or if it bounces back.
9 The other thing I would like to do is just
10 make sure that the -- the 6th of October --- and this is
11 a little out of the ordinary, but -- I'm sorry? I mean
12 November. The 6th of November works for most people.
13 So, if the 6th of November works for you, if you'll just
14 raise your hand.
15 COMMISSIONER FREEMAN: It looks like it.
16 COMMISSIONER COZAD: Okay. So I'm going
17 to bring it back to the applicant and to Christian.
18 If --
19 UNKNOWN MALE: (Unintelligible) Leave
20 town.
21 COMMISSIONER COZAD: Did we come to a
22 conclusion at all? Do you want to come back up to the
23 mic, please?
24 UNKNOWN MALE: He raised his hand yes.
25 COMMISSIONER COZAD: Yes, come on up.
27
1 Come on. And then Anne. We'll go back to Anne.
2 MR. SCHULTE: So my client is available
3 the 6th.
4 COMMISSIONER COZAD: Okay.
5 MR. SCHULTE: We have checked his
6 calendar. I'm available the 6th. We remain concerned
7 that that's not quite enough time to accomplish the
8 purpose of the continuance and we would prefer the later
9 date than the 13th, but we are available the 6th if the
10 Board is inclined to go that way.
11 COMMISSIONER COZAD: Okay. Let's hear
12 from the applicant, and then we'll bring it back to the
13 board.
14 MS. BEST JOHNSON: We appreciate the
15 accommodation. And if you prefer to have it a later
16 date, I -- I will accommodate whatever you need. So
17 thank you.
18 COMMISSIONER COZAD: So will the 13th work
19 for you too?
20 MS. BEST JOHNSON: I will make the 13th
21 work if you prefer the 13th for the continuance.
22 COMMISSIONER COZAD: Okay. So, I didn't
23 ask everybody in the audience if the 13th works. I just
24 asked if the 6th did.
25 COMMISSIONER CONWAY: Let's
28
1 (unintelligible) with the 6th.
2 COMMISSIONER COZAD; Okay. I think we'll
3 just (unintelligible) on the 6th.
4 MS. BEST JOHNSON: If the 6th works and
5 all five are there, I appreciate that. But, again,
6 thank you for that accommodation.
7 COMMISSIONER COZAD; You're welcome. You
8 know, even on the 6th, if there's things that still need
9 to be addressed, we can look at things then and we can
10 continue it again if we need to. It doesn't mean that
11 that day necessarily will be the day that the decision
12 is made. If there's requests for further continuance,
13 we can take that up on that date.
14 So -- Commissioner Conway.
15 COMMISSIONER CONWAY: So in the interest
16 of everybody's time, we have a room full of people.
17 You're willing to put together a meeting. I would
18 suggest before all of you leave today and the applicant,
19 that you all get together and you find a date that works
20 to the best of everybody's ability and get that
21 scheduled before this, in accommodation to their
22 schedules.
23 I realize you're very busy, but these
24 people took time away from their responsibilities, work,
25 errands, family to be here today, and I think it just
29
1 solves problems in terms of miscommunication on emails
2 or letters, if y'all get together with the applicant
3 after this and get a date and a location where you all
4 can talk. Just a suggestion.
5 UNKNOWN FEMALE: (Unintelligible.)
6 COMMISSIONER COZAD: No, I'm sorry. We've
7 closed the public hearing.
8 So any -- any further discussion by the
9 board? Is there a motion?
10 COMMISSIONER CONWAY: Madame Chair, I make
11 a motion to continue this matter to 10:00 a.m. on
12 Monday, November 6th.
13 COMMISSIONER MORENO: Second.
14 COMMISSIONER COZAD: Motion by
15 Commissioner Conway, seconded by Commissioner Moreno, to
16 continue this matter for USR17-0043 to November 6th at
17 10:00 a.m.
18 Is there any further discussion?
19 The only thing that I will just add is
20 thank you all for being here. We -- as Commissioner
21 Conway said, we realize you all took time out from your
22 day to be here today. But this is a part of the
23 process, and hope that everybody will attend the meeting
24 with the applicant and see everybody on the 6th.
25 Is there any further discussion? All in
30
1 favor, say aye.
2 MULITIPLE SPEAKERS: Aye.
3 COMMISSIONER COZAD: Opposed?
4 Motion carries. Thank you.
5 UNKNOWN MALE: Are we adjourned?
6 COMMISSIONER COZAD: We are adjourned.
7 Thank you.
8 (End of audio recording.)
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October 25, 2017
TRANSCRIBER'S CERTIFICATE
I, Rebecca J. Collings, a Colorado
Realtime Certified Reporter, 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 proceedings.
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 September 14, 2021.
NI!ary F'i t II
Stale of Corbiao.
NfllerylD N2001fit12g792
REBECCA J. COLLINGS
Registered Professional Reporter
Colorado Realtime Certified Reporter
Notary Public
DausterJMurphy 303-522-1604
CERTIFICATE
STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Esther E. Gesick, Clerk to the Board of Weld County Commissioner and Notary Public
within and for the State of Colorado, certify the foregoing transcript of the digitally recorded
proceedings, In re: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0043, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT
AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND
SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, AND OUTDOOR TRUCK AND
EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT - CACTUS HILL RANCH
COMPANY, C/O SIMON CONTRACTORS, INC., before the Weld County Board of County
Commissioners, on Wednesday, October 25, 2017, and as further set forth on page one. The
transcription, dependent upon recording clarity, is true and accurate with special exceptions(s) of
any or all precise identification of speakers, and/or correct spelling or any given/spoken proper
name or acronym.
Dated this 26th day of April, 2018.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ESTHER E. GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2021
ORIGINAL Q .)
CERTIFIED COPY ( )
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