County Commissioner Regular Meeting
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Transcript
| Count 3. Can we please stand for the Pledge of Allegiance? Thank. | 00:11:37 | |
| I pledge allegiance to the flag of the United States of America. | 00:11:41 | |
| And to the Republic, for which it says 1 nation under God, indivisible, with liberty and justice for all. | 00:11:45 | |
| Good morning. It's Monday, March 3rd, 2025, 9:00. Will County board hearings roll call please? Jason Maxie, Lynette Pepler present | 00:11:55 | |
| Kevin Ross. | 00:12:00 | |
| Scott James excused Harry Buck here. | 00:12:06 | |
| All right, let the record reflect that three out of five commissioners are here. | 00:12:10 | |
| Amendments to the agenda. | 00:12:15 | |
| We have any amendments, Houston? No, ma'am. | 00:12:17 | |
| All right, that brings us to consent agenda. | 00:12:19 | |
| We have a partial vacation. Partial vacation V AC24-0028. | 00:12:23 | |
| Of A2 lot recorded exemption. | 00:12:29 | |
| R EC X2O-0063 for removal of lot B and Justice and Deborah Pettit. | 00:12:31 | |
| Is there anyone here that would like to speak regarding this partial vacation? | 00:12:38 | |
| Umm, I see a. | 00:12:44 | |
| Yes, we have. | 00:12:45 | |
| 2 individuals. | 00:12:47 | |
| Justice had it. | 00:12:48 | |
| We need you to come up to the mic, Sir. | 00:12:50 | |
| What you need to do is. | 00:12:52 | |
| Go ahead and just take it off because staff has some. | 00:12:55 | |
| Yes, to add so then we can. | 00:12:59 | |
| Added to the regular agenda and then call it up and down. | 00:13:02 | |
| So right now, my understanding is public hearing for anybody to take this off of consent, that's all we're doing is. | 00:13:07 | |
| OK. And I guess the recommendation of staff is to go ahead and do that anyway because there are some things that staff needs to | 00:13:14 | |
| talk about. | 00:13:19 | |
| OK. Do I need to make a motion on that? Do we have to have a motion? Yes, I think we do. | 00:13:24 | |
| OK, Madam Chair, I move to. | 00:13:29 | |
| Move vacation 240028 out of the consent agenda. | 00:13:32 | |
| It has been moved by Commissioner Pepper, second by Commissioner Maxie. | 00:13:38 | |
| Any discussion? | 00:13:43 | |
| All in favor say aye aye. Opposed say nay. | 00:13:45 | |
| So we don't need Mr. Petter right now? No, we will not. So. | 00:13:48 | |
| You'll call it back up and then you can come up and talk. | 00:13:53 | |
| OK. So we were going to put that though. | 00:13:57 | |
| In the new business planning, right, you can do that. | 00:14:01 | |
| So it will be the, I guess the chairs prerogative to put that in the new business planning #2. | 00:14:06 | |
| OK, that. | 00:14:13 | |
| Takes us to warrants. General warrants February 26th, 27th and 28th, 2025. | 00:14:15 | |
| Madam Chair, move to approve the general warrants for February 26th, 27th and 28th for 2025. Commissioner Waxy, second by | 00:14:21 | |
| Commissioner Pepler. Further discussion. | 00:14:26 | |
| All in favor say aye aye. Opposed say nay. | 00:14:32 | |
| Those general warrants are approved. Good morning, Toby. Good morning. Present bid B 2500014 Multi jurisdiction jurisdictional. | 00:14:35 | |
| Hazard mitigation plan update. Office of Emergency Management. | 00:14:46 | |
| Good morning, Toby Taylor with purchasing. | 00:14:51 | |
| 3 vendors have replied to the solicitation. The Office of Emergency Management are reviewing those replies and anticipates | 00:14:53 | |
| bringing a recommendation to the Board on March 17th, 2025. All right, any questions of the Board? | 00:14:59 | |
| OK #2 Present bid B 250-0017 Erosion control and revisitation services, Department of Public Works. | 00:15:06 | |
| 7 vendors have replied to the solicitation. The Department of Public Works are reviewing those replies and anticipates bringing a | 00:15:16 | |
| recommendation to the Board on March 17th, 2025. All right and #3 present bid B 250-0022. | 00:15:24 | |
| Boiler and piping replacement for alternative programs building facilities department. | 00:15:32 | |
| 3 vendors have replied to the solicitation. The Facilities Department are reviewing those replies and anticipates bringing a | 00:15:37 | |
| recommendation to the Board on March 17th, 2025. All right. Thank you very much, Sir. | 00:15:42 | |
| That brings us to new Business General. | 00:15:49 | |
| Consider amendment number six to agreement for services for motor vehicles self-service kiosk and authorized chair to sign | 00:15:51 | |
| Intellectual Technology Inc. Good morning, Rudy. | 00:15:56 | |
| Good morning, Rudy Santos, Chief Deputy Will County Clerk and Recorders Office. | 00:16:02 | |
| This is a. | 00:16:07 | |
| What's the? | 00:16:11 | |
| I would ask him to. | 00:16:14 | |
| Have the chair respectfully sign the agreement. | 00:16:16 | |
| To amend the contract that we currently have with our motor vehicle kiosks. | 00:16:19 | |
| Currently we have three of them, two of them here at the King Soopers and West Greeley. | 00:16:23 | |
| And when the Firestone at the King Soopers there. | 00:16:28 | |
| They're upgrading the technology with new credit card readers and. | 00:16:31 | |
| The old ones are only swipe to pay. | 00:16:36 | |
| The new ones have an actual tap to pay as well as. | 00:16:38 | |
| Newer technologies like Apple Pay, Google Pay, Samsung Pay. | 00:16:42 | |
| Cool. Any questions at the board move to approve the resolution. Second, it has been moved by Commissioner Maxey. Second, by | 00:16:47 | |
| Commissioner Pepler. | 00:16:51 | |
| Further discussion. | 00:16:55 | |
| All in favor, Say aye. Aye. Opposed say nay. Madam Chair, did the board approve the rest of the consent agenda? No. I was going to | 00:16:57 | |
| do that. | 00:17:01 | |
| OK, so we can do it now. You want me to do it now? OK. | 00:17:06 | |
| Let's go back. I apologize to the consent agenda. | 00:17:10 | |
| Can I get a motion to approve the consent agenda? | 00:17:15 | |
| It has been moved by Commissioner Maxie, second by Commissioner Pepper. | 00:17:18 | |
| On further discussion. | 00:17:22 | |
| All in favor, say aye. Opposed say nay. | 00:17:24 | |
| Consent agenda is approved. I apologize again. | 00:17:27 | |
| Going back to new business #2 consider country. | 00:17:31 | |
| Thank you. Thank you. | 00:17:35 | |
| Consider contract ID 9136 Memorandum of Agreement to purchase property interest for right of way acquisition for county Roads 13 | 00:17:37 | |
| and 54 intersection roundabout project northwest corner and authorized chair design. Loveland ready mix concrete ink. Good | 00:17:43 | |
| morning. | 00:17:49 | |
| Good morning, Clay. Canon Public Works. | 00:17:55 | |
| This Memorandum of Agreement is for the purchase of. | 00:17:57 | |
| Property from. | 00:18:03 | |
| Loveland writing mix in Larimer County. | 00:18:05 | |
| For the. | 00:18:08 | |
| County Road 5413 roundabout that sits right on the. | 00:18:10 | |
| The border. | 00:18:16 | |
| Between us. | 00:18:17 | |
| So we're acquiring right of way. | 00:18:19 | |
| In Larimer County. | 00:18:22 | |
| And then the deed will be in Larimer counties name. | 00:18:23 | |
| The cost of this project or? | 00:18:29 | |
| This right of way. | 00:18:32 | |
| Is $512,277.50. | 00:18:35 | |
| Plus closing costs. | 00:18:40 | |
| At this point, I don't know what the closing costs will be generally there in the neighborhood of. | 00:18:42 | |
| One to $2000. | 00:18:47 | |
| I can't get a closing cost until I get a closing date. | 00:18:50 | |
| And so everything is predicated on the closing date. | 00:18:54 | |
| Which we can't get till we have an assigned agreement. | 00:18:58 | |
| The attorneys office has reviewed the. | 00:19:03 | |
| Agreement and Loveland Remix assigned it. | 00:19:06 | |
| And we have the funds allocated in our 2025. | 00:19:10 | |
| Budget. | 00:19:15 | |
| I'm answering questions. | 00:19:17 | |
| All right. Are there any questions on the board? | 00:19:19 | |
| I'll make a motion to approve contract. ID 9136. Second, it has been moved by Commissioner Maxie. Second by Commissioner Pepper. | 00:19:22 | |
| Further discussion. | 00:19:26 | |
| All in favor, say aye. Opposed say nay. | 00:19:31 | |
| Contract ID 9136 is approved. | 00:19:34 | |
| #3 Consider contract ID 9146 Memorandum of Agreement to purchase property interest for right of way acquisition for the County | 00:19:37 | |
| Roads 13 and 54 intersection. | 00:19:43 | |
| Roundabout project southwest corner and authorized chair to sign Loveland rather mix concrete ink. | 00:19:49 | |
| Good morning. Good morning, Clay County Public Works. | 00:19:56 | |
| This agreement is. | 00:19:59 | |
| Similar to the same one that's owned by the same property owner, Loveland Ready Mix. | 00:20:03 | |
| It's also located in Larimer County, so we're acquiring. | 00:20:08 | |
| Right of way on behalf of Larimer County. | 00:20:12 | |
| The cost for this is 458,800. | 00:20:15 | |
| $86 and zero cents plus closing costs. | 00:20:20 | |
| I didn't answer any questions. | 00:20:26 | |
| All right. Are there any questions of the board? | 00:20:28 | |
| Make a motion to approve contract ID 9146 Second. | 00:20:31 | |
| And has been moved by Commissioner Maxie, seconded by Commissioner Pepler. Further discussion. | 00:20:35 | |
| Say aye. Opposed, say nay. | 00:20:41 | |
| Contract ID 9146 is approved #4 Consider Contract ID 9151. Memorandum of Agreement to purchase property interest. | 00:20:43 | |
| A right away acquisition for County Roads 13 and 54 intersection roundabout project. | 00:20:52 | |
| Northeast Corner and authorized chair to sign Croissant Family Farms, LLC. | 00:20:58 | |
| Good morning, Clay County Public Works. | 00:21:04 | |
| This. | 00:21:06 | |
| Is for a much smaller parcel for the. | 00:21:08 | |
| 5413. | 00:21:11 | |
| Roundabout it is. | 00:21:13 | |
| A permanent easement. | 00:21:16 | |
| And a temporary easement that we have to acquire on. | 00:21:17 | |
| Behalf of Public Service of Colorado. | 00:21:21 | |
| We're building a road over their existing easement, so we have to replace it. | 00:21:26 | |
| And pay them to move into their new easement. | 00:21:30 | |
| Umm, this agreement was sent around in a pass around. | 00:21:33 | |
| And returned on January 9th. | 00:21:39 | |
| We had asked that we'd be able to negotiate up to $7500. | 00:21:44 | |
| At that time and after negotiating with Mr. Croissant. | 00:21:50 | |
| We came to a $5547.31. | 00:21:55 | |
| I do realize there's. | 00:22:02 | |
| Some questions. | 00:22:04 | |
| Potentially on the agreement itself. | 00:22:05 | |
| Where some totals have been crossed out and. | 00:22:09 | |
| Handwritten men. | 00:22:13 | |
| And that. | 00:22:14 | |
| Rather than having a new memorandum of agreement. | 00:22:16 | |
| Sent out to this landowner. | 00:22:20 | |
| We're following the cdot process for. | 00:22:22 | |
| How they want to see. | 00:22:25 | |
| The changes. | 00:22:28 | |
| To an MOA documented. | 00:22:30 | |
| So, umm. | 00:22:32 | |
| Each party has to initial. | 00:22:34 | |
| So the owner. | 00:22:37 | |
| Mitshoff, Who's our right of agent? | 00:22:40 | |
| Initialed and then when this agreement gets signed. | 00:22:42 | |
| If it gets signed, the board chair will have to sign initially as well. | 00:22:45 | |
| Thank you for clarifying that through. | 00:22:51 | |
| All right. Any other questions at the board? | 00:22:54 | |
| I move to approve contract. ID 9151. It has been moved by Commissioner Pepler, second by Commissioner Maxie. Further discussion. | 00:22:58 | |
| All in favor, Say aye. Opposed, say nay. Contract ID 9151 is approved. Thank you. | 00:23:06 | |
| #5 consider three party tender agreement and full release between surgery, bond or surety. | 00:23:14 | |
| Company and oblige or. | 00:23:21 | |
| Law administration, elevator monetization project and authorized chair to sign DZ Mod, Lift company and Capital Indemnity | 00:23:25 | |
| Corporation. | 00:23:30 | |
| Madam Chair, this item and the next one are sort of tied together. | 00:23:35 | |
| Very similar, if not identical, but different projects. | 00:23:41 | |
| So this one is for the elevator in the law Administration building. | 00:23:45 | |
| The next one, and through the elevator. A elevator. | 00:23:51 | |
| In the jail. | 00:23:55 | |
| OK, so. | 00:23:57 | |
| The company that had been hired. | 00:23:59 | |
| To do the work on both projects. | 00:24:01 | |
| Is gone. | 00:24:07 | |
| We're not sure where, but is gone. | 00:24:08 | |
| The bond. | 00:24:11 | |
| A company has arranged with Dzmod Lift Company. | 00:24:12 | |
| To come in and do the work. | 00:24:18 | |
| And the extra expense for both projects. | 00:24:21 | |
| Is going to be paid for by Capital Indemnity Corporation, a bond company. | 00:24:26 | |
| So with this agreement does, in the next agreement does. | 00:24:33 | |
| Is make it so that we can. | 00:24:38 | |
| Agree with. | 00:24:41 | |
| DZ mod Capital One demo incorporation. | 00:24:43 | |
| For them to go ahead and take care of them and complete the projects. | 00:24:47 | |
| That the other company. | 00:24:52 | |
| Was supposed to do. | 00:24:55 | |
| So peak elevator was. | 00:24:58 | |
| Previous company that is. | 00:25:01 | |
| Gone. So we would recommend approval of both agreements. | 00:25:04 | |
| All right. Are there any questions on the board? | 00:25:10 | |
| Madam Chair, I've moved to approve the resolution for DZ Mod Company to, you know, help with the law administration elevator as | 00:25:14 | |
| per the. | 00:25:19 | |
| For the item on the agenda. | 00:25:24 | |
| Second, it has been moved by Commissioner Maxie, second by Commissioner Pepper. Further discussion. | 00:25:26 | |
| All in favor, Say aye. Opposed say no. | 00:25:32 | |
| That resolution passes and then. | 00:25:35 | |
| Number six, consider three party tender agreement and full release between Surety company and Abagi for jail. | 00:25:37 | |
| Elevator modernization project and authorized chair design. | 00:25:44 | |
| DZ, mod lift company and capital endemic. | 00:25:48 | |
| Indemnity Corporation resolution. | 00:25:51 | |
| Second, it has been moved by Commissioner Maxie, second by Commissioner Petler. | 00:25:54 | |
| Further discussion. | 00:25:58 | |
| All in favor, say aye. Opposed say nay. | 00:26:00 | |
| That resolution is passed. | 00:26:02 | |
| #7 Consider appointment to the Workforce Development Board. | 00:26:05 | |
| Madam Chair, move to approve Ronald Cole to the Workforce Development Board. | 00:26:09 | |
| Second, it has been moved by Commissioner Maxie, second by Commissioner Pepler. Further discussion. | 00:26:14 | |
| All in favor say aye aye. Opposed say nay. | 00:26:21 | |
| Ron Cole will be appointed to the Workforce Development Board. | 00:26:25 | |
| Now goes to new business consider application for small business incentive program and authorized release of economic development | 00:26:30 | |
| trust funds Tier 1. | 00:26:34 | |
| Good morning, Max. | 00:26:39 | |
| Do you need more commissioners Maximated department planning services? | 00:26:42 | |
| The department has received a small business incentive program application from Mike Anderson, representing Anderson Baseball | 00:26:50 | |
| Academy. | 00:26:53 | |
| The small business provides individualized baseball skills and instruction to Northern Colorado youth between ages of seven and | 00:26:56 | |
| 18. | 00:27:00 | |
| This business use was approved. | 00:27:05 | |
| Per Z Pack 23 zero 01/12. | 00:27:07 | |
| On October 23rd, 2024 for a private recreational facility. | 00:27:10 | |
| Anderson Baseball Academy is located at 33046 Pikes Peak Drive in Greeley. This is a small business with three employees. | 00:27:15 | |
| That qualifies as a tier one small business for the program criteria of 0 to 9 employees. | 00:27:23 | |
| The county fees that meet the criteria for reimbursement is a total of $10,369.21. | 00:27:28 | |
| According to the Small Business Incentive Program requirements. | 00:27:36 | |
| Again, is. | 00:27:39 | |
| Anderson Baseball Academy is eligible for the Tier 1, which is up to $20,000. | 00:27:40 | |
| Fee reimbursement. | 00:27:45 | |
| However, the applicant is obligated to cover the 1st 2500. | 00:27:47 | |
| Planning staff recommends approval of this Tier 1 application and respectfully request the Board of County Commissioners authorize | 00:27:51 | |
| and release. | 00:27:54 | |
| $7869.21 From the Economic Development Fund for Anderson Baseball Academy. | 00:27:57 | |
| All right. Any questions of the board? | 00:28:04 | |
| Yes, Commissioner Max. | 00:28:09 | |
| Madam Chair, Max, could you please repeat that total? I'm looking at the pass around and it's a little bit different. I just want | 00:28:10 | |
| to make sure I heard you right. Yeah. So actually the breakdown of the fee is land use fees is 1850, impact fees is 5577. | 00:28:18 | |
| And then the building permit fees is $2942.21. | 00:28:26 | |
| Equaling a total of $10,369.21. | 00:28:31 | |
| So that's the total and then they they upfront the 1st 2500. | 00:28:37 | |
| Which then we reimburse or? | 00:28:42 | |
| Requesting to reimburse $7869.21. | 00:28:44 | |
| Thank you. OK. | 00:28:49 | |
| All right. Any questions of the board? | 00:28:51 | |
| I'm sure I've moved. | 00:28:54 | |
| Prove the small business incentive program and release of economic development trust funds for Anderson Baseball Academy. | 00:28:57 | |
| Second, it has been moved by Commissioner Maxey, second by Commissioner Pepler. Further discussion. | 00:29:05 | |
| All in favor, say aye. Opposed say. | 00:29:12 | |
| That incentive for Anderson Baseball Academy is approved. Congratulations. | 00:29:16 | |
| Thanks. | 00:29:21 | |
| Very good, yes. | 00:29:26 | |
| I need to say thank you small old school. | 00:29:29 | |
| We're in Weld County and it says 8 to 18. The truth is that 8 year olds. | 00:29:34 | |
| Up to 28 we have Little Leaguers. | 00:29:39 | |
| We've had big leaguers in a barn. | 00:29:41 | |
| Just 4 miles from here. | 00:29:43 | |
| The Planning Commission, the planning through this whole thing has been. | 00:29:45 | |
| Been a challenge, but good. It's been great. We've changed some things. | 00:29:49 | |
| Just real thankful that we had this opportunity. | 00:29:53 | |
| And in the state of in the state of Colorado, we take a lot of pride of what we're doing with baseball in this community. So thank | 00:29:55 | |
| you guys very, very much. Thank you. Outstanding. We hope to see some Rockies players. | 00:30:00 | |
| Thank you. | 00:30:07 | |
| All right. That takes us to number 2 and this is involved. | 00:30:08 | |
| Having the vacation. | 00:30:13 | |
| The partial vacation vac 240028. | 00:30:16 | |
| I see the planning. | 00:30:21 | |
| Department is here to. | 00:30:23 | |
| Good morning, Commissioners. Lindsay Oliver, Department of Planning Services. | 00:30:31 | |
| For your consideration is the vacation of lot B of recorded exemption recx 20-0063. | 00:30:36 | |
| Recorded September 30th of 2020. | 00:30:44 | |
| This parcel is located South of and adjacent to County Road 88 and east of and adjacent to County Road 29. | 00:30:47 | |
| And is owned by Deborah and Justice Pettit. | 00:30:55 | |
| The vacation will result in an approximately 146 acre unflatted parcel. | 00:30:58 | |
| The applicant submitted a vacation request letter and a draft vacation map along with other supporting documentation to planning | 00:31:04 | |
| staff. | 00:31:08 | |
| Lot A of recx 20. | 00:31:13 | |
| 0063 is not a part of this action. | 00:31:16 | |
| And no easements are impacted by this request. | 00:31:19 | |
| This vacation was heard last week on Wednesday, February 26. | 00:31:23 | |
| And was continuing to today because the owner of Lot A. | 00:31:27 | |
| Of RECX 2063 had concerns regarding an access on County Road 29. | 00:31:31 | |
| Approximately 515 feet South of Town Road 88. | 00:31:38 | |
| Which crosses the subject property. | 00:31:42 | |
| Staff has reviewed these concerns and found that the access in question was stated to be closed and reclaimed for the original | 00:31:45 | |
| recorded exemption flat in 2020. | 00:31:49 | |
| Based on site inspection by planning staff, the access in question has not been closed and reclaimed. | 00:31:55 | |
| Therefore, staff is recommending that the following condition be added. | 00:32:01 | |
| The access point onto County Road 29, located approximately 515 feet South of the intersection. | 00:32:06 | |
| Of County Road 29 and County Road 88. | 00:32:14 | |
| Does not meet the spacing requirement for an arterial Rd. This access shall be closed and reclaimed to be compliant with Section | 00:32:17 | |
| 8-14-30I. | 00:32:22 | |
| And we're here to answer any questions. | 00:32:28 | |
| Right. Are there any questions of the planning department? | 00:32:30 | |
| I'll ask 1 moment Sir. Thank you. | 00:32:36 | |
| This I see what you're talking about. I'm looking at the property portal right now. | 00:32:40 | |
| The and if I get the I hope I get the. | 00:32:45 | |
| Lot A is a smaller lot. | 00:32:49 | |
| It was in question. | 00:32:52 | |
| That has a direct access. | 00:32:54 | |
| To the north on County Road 88 anyway, and so the access on 29. | 00:32:56 | |
| Excuse me, that's being that is being requested to have a condition foreclosure on that is kind of a secondary access and so we're | 00:33:01 | |
| still fulfilling our obligation to have one access per lot. | 00:33:06 | |
| Is what I'm getting at correct? Thank you. | 00:33:11 | |
| All right. Further questions with the planning Department. Well, I will open this up now to Mr. Pettit, If you could just state | 00:33:15 | |
| your name and address. | 00:33:19 | |
| Justice Pettit. | 00:33:24 | |
| 14506 County Road 88. | 00:33:25 | |
| I own. | 00:33:29 | |
| Property that we're trying to get the. | 00:33:31 | |
| Change and lot designation. | 00:33:33 | |
| That access. | 00:33:36 | |
| Was to be closed off. | 00:33:39 | |
| For that homeowner. | 00:33:41 | |
| So he couldn't use it anymore. | 00:33:43 | |
| I'm asking you to not close that off for me. | 00:33:47 | |
| Because I need that access for that. | 00:33:50 | |
| Sprinkler Ponder. | 00:33:53 | |
| That's my only access to that sprinkler. | 00:33:55 | |
| OK. Are there any questions of the applicant? | 00:33:58 | |
| Yes, Commissioner Maxie. Well, I guess, doesn't that put us at odds with the Planning Department's recommendation? | 00:34:02 | |
| It does. | 00:34:10 | |
| We are recommending that access to be closed due to the proximity to the intersection. It doesn't meet the requirements for an | 00:34:12 | |
| arterial Rd. | 00:34:16 | |
| The applicant has another access further South on County Road 29. | 00:34:21 | |
| And that access. | 00:34:28 | |
| Is generally impeded. | 00:34:30 | |
| If you look at the map there you can see the. | 00:34:34 | |
| Color change. | 00:34:38 | |
| There's a valley right there and that is not a well drained area. | 00:34:39 | |
| So getting from there. | 00:34:44 | |
| Over to that sprinkler pound is almost impossible during the summer during irrigation months. | 00:34:46 | |
| The original recorded exemption. | 00:35:02 | |
| From 2020 was approved. | 00:35:04 | |
| Contingent upon the condition that. | 00:35:07 | |
| This access in question South of the intersection would be closed. | 00:35:10 | |
| And I think. | 00:35:16 | |
| There was probably an interpretation. | 00:35:17 | |
| Problem on that that the access would be denied to the homeowner. | 00:35:20 | |
| That's the way I took that. | 00:35:27 | |
| Oh, I see, Don Anderson, maybe you can shed some light. | 00:35:32 | |
| Good morning, Commissioners. Donnie Anderson, Department of Planning Services. | 00:35:35 | |
| I just want to reiterate what Lindsay said. | 00:35:39 | |
| In the recorded exemption, and I don't think Mr. Pettit owned it at the time. | 00:35:42 | |
| Had it far in, my apologies. | 00:35:46 | |
| So when the recorded exemption was done, that was approved based on. | 00:35:49 | |
| This access in question being closed and reclaimed and there being another southern access on County Road. | 00:35:53 | |
| 29. | 00:35:59 | |
| That was called out on that plat that was recorded. | 00:36:00 | |
| The vacation flat for this case that he's trying to vacate. | 00:36:04 | |
| That access wasn't shown on the. | 00:36:08 | |
| So we were under the impression that that had been done last week when this came up again, sent staff out there and that Access | 00:36:11 | |
| still is. | 00:36:15 | |
| Being utilized. | 00:36:20 | |
| Hence the reason of requesting. | 00:36:21 | |
| A Co of A today. | 00:36:24 | |
| What excess are you talking about? The one that we're asking to be closer? | 00:36:26 | |
| That so. | 00:36:32 | |
| Currently that access is. | 00:36:35 | |
| I've got some panels across there. | 00:36:40 | |
| That was just to keep some keep the cattle in the in the pivot. | 00:36:43 | |
| Yes, I I used that access. | 00:36:52 | |
| In the summer months to access that palm. | 00:36:55 | |
| And it's going to be a. | 00:36:58 | |
| A big hindrance if this is taken away. | 00:37:02 | |
| Commissioner, excuse me, Let me clarify a couple things. | 00:37:10 | |
| Excuse me, Mr. Pettit, did you own the property when the court exemption was done? | 00:37:17 | |
| No. So you you bought this property with the condition already on it that that excess should have been closed. | 00:37:21 | |
| Yeah. And by my understanding it was closed up. | 00:37:29 | |
| That. | 00:37:33 | |
| The owner of the house. | 00:37:35 | |
| OK. | 00:37:37 | |
| And are you saying that the access further South which I see as well? | 00:37:42 | |
| That one cannot be used to access this pawn by using it and then driving north. | 00:37:47 | |
| It is very hard that. | 00:37:52 | |
| It is almost impassable to go from that access to the pod. | 00:37:55 | |
| On the property because it is. | 00:38:00 | |
| Not a well drained area. | 00:38:02 | |
| It's a. | 00:38:04 | |
| One other question coming back to staff. | 00:38:11 | |
| Can you tell me, I mean, what is the process if we put a stipulation like this on? | 00:38:14 | |
| A property owner is there any time period that staff is supposed to go back out and verify that something ACOA is? | 00:38:20 | |
| Actually adhered to that we place on a USR, or any case for that matter. | 00:38:27 | |
| So. | 00:38:34 | |
| Don Anderson. | 00:38:38 | |
| I would say typically in this case, we would want to see that it's closed and reclaimed prior to recording of the vacation flat. | 00:38:39 | |
| So that's how we would verify it. I would say in the past, maybe, you know, it wasn't a Co of A in the past. I mean it was very | 00:38:46 | |
| clear on the recorded extension plot that that access was to be closed and reclaimed. | 00:38:52 | |
| Not at the property of LA A. | 00:38:57 | |
| But at the roadway where we maintain it. | 00:39:00 | |
| And that reported Platt calls that out so. | 00:39:03 | |
| For us today, that's what we're asking for. | 00:39:06 | |
| Commissioner Maxie is. | 00:39:09 | |
| Prior to recording a vacation plat and we would confirm that that had been done. | 00:39:10 | |
| But during the original, during the recorded exemption, there's no. | 00:39:15 | |
| We put a COA on something and we say this is a condition. | 00:39:20 | |
| Of this RE. | 00:39:24 | |
| And then we don't have any sort of time frame that. | 00:39:25 | |
| Makes us, so to speak, go back out there and inspect that this has been done. We didn't know. | 00:39:29 | |
| Could you pull up the language on that RE real quick? | 00:39:36 | |
| I want to see how it's. | 00:39:39 | |
| Yeah, but I want he wants to see what's on the recorded. | 00:39:47 | |
| Is Jimmy Chord going on? | 00:39:51 | |
| Thank you. | 00:40:05 | |
| See this parts of Ears. | 00:40:37 | |
| Maybe. | 00:40:41 | |
| Commissioner, are you asking for the language on the plat? | 00:40:55 | |
| Whatever language stipulates closing of that access. | 00:40:58 | |
| OK, so this is the this is the staff report Max Dayer department planned services. So this is the staff report for RECX 20-0063. | 00:41:02 | |
| And we have prior so approved with conditions. | 00:41:10 | |
| We have 1:00 and 2:00. | 00:41:13 | |
| One is related to OWTS and then you have prior to recording the plat. So the applicant shall satisfy the concerns of the school | 00:41:15 | |
| district and then advocate shall address the concerns with. | 00:41:19 | |
| At the time public works. | 00:41:25 | |
| And then if you go to. | 00:41:27 | |
| The referral. | 00:41:30 | |
| The referral from. | 00:41:33 | |
| Public works. | 00:41:35 | |
| At the time. | 00:41:36 | |
| Back in 2020. | 00:41:37 | |
| It identifies the. | 00:41:39 | |
| Access situation. So you have access for proposed lot off of 88 which is up here. | 00:41:42 | |
| And then you have access to proposed light A as an existing not permitted access point off of 29. | 00:41:48 | |
| 514 feet South of this intersection. | 00:41:54 | |
| And then does not meet the space requirement, the residential access point. | 00:41:58 | |
| It doesn't mean it. And then it should be closed and reclaimed. | 00:42:04 | |
| For this section. | 00:42:07 | |
| In terms of the condition that we want to add, it's very redundant for the sake of this. It mirrors essentially what was was asked | 00:42:09 | |
| back in 2020. | 00:42:13 | |
| And then this was again. | 00:42:18 | |
| This condition is reflected. | 00:42:20 | |
| In this staff report as staff and shall address concerns. | 00:42:24 | |
| Was there a map recorded with this? | 00:42:30 | |
| Yes. Does it stipulate that on the map? | 00:42:32 | |
| Yeah, I can jump in. Dan Campbell, Development Review and Planning Services. | 00:42:35 | |
| Yeah. So the recorded exemption plan does have a label. | 00:42:39 | |
| Saying that the X point. | 00:42:44 | |
| Is to be closed and reclaimed. | 00:42:46 | |
| And it was recorded with that label. | 00:42:49 | |
| Access point. | 00:42:53 | |
| To be closed and reclaimed per county. What request? | 00:42:55 | |
| And this axis is not is not permitted. | 00:43:02 | |
| Right, and it's and it's access point is also part of the. | 00:43:07 | |
| County Road 29 access control plan. | 00:43:11 | |
| And it is marked as. | 00:43:15 | |
| Having a safety concern? | 00:43:17 | |
| On that plan as well. | 00:43:19 | |
| And this map was recorded when. | 00:43:22 | |
| September of 2020. | 00:43:25 | |
| And that was prior to Mr. Pettit purchasing the property, correct? | 00:43:27 | |
| So it would have come up in any sort of land purchase title research. | 00:43:32 | |
| That's correct. | 00:43:38 | |
| So it hasn't been closed. | 00:43:41 | |
| Mr. Pettit has been using it thinking that it was an access to that pond which is right there. | 00:43:44 | |
| We're wanting to. | 00:43:50 | |
| Reiterate the closure on this. | 00:43:52 | |
| Partial vacation that's in front of us right now. | 00:43:55 | |
| What assurance will we have that if we approve that, that it will actually be closed? | 00:43:58 | |
| Commissioner, I hate to approve something for the second time. If it was approved once and it's supposed to be closed and it | 00:44:05 | |
| hasn't been closed, I mean, who's to say it's? | 00:44:10 | |
| I appreciate that. Like I said, I think staff sitting up here involved in the case is committed to saying prior to recording the | 00:44:14 | |
| vacation flat. | 00:44:18 | |
| Which we would do an inspection and make sure that that's done before we allow that to move forward. | 00:44:23 | |
| And has this been something that's been talked about with Mr. Pettit throughout the process of this partial vacation that is under | 00:44:27 | |
| his name? | 00:44:30 | |
| I would say. | 00:44:34 | |
| No, like I said, I think when the staff stuff came in. | 00:44:36 | |
| The vacation plot that he submitted did not include that access, so. | 00:44:41 | |
| Again, staff. | 00:44:45 | |
| Probably wrongly without going out there before. | 00:44:47 | |
| Assumed that that had been done based on the recorded exemption plan. | 00:44:50 | |
| Madam Chair, thank you for letting me just kind of dialogue my, I think my last comment for right now is more directed towards Mr. | 00:44:56 | |
| Pettit. Mr. Pettit, it's. | 00:45:00 | |
| It's tough for me to. | 00:45:05 | |
| Go against Staffs recommendation when we have something that very clearly back in 2020 was requested. | 00:45:07 | |
| By the person who was filing that plant that's on the screen right now. | 00:45:14 | |
| Throughout the entire process, was requested to be closed, and it's on a map that is. | 00:45:18 | |
| That is publicly viewable. That is a part of a chain of title when somebody purchases or sells a property. | 00:45:23 | |
| And I guess, you know, when I, when I purchase a property, it's it's on me to make sure that I understand the stipulations of that | 00:45:30 | |
| property. | 00:45:34 | |
| And I'm just telling you this because I just, I want you to understand where I'm sitting at right now. | 00:45:38 | |
| If that wouldn't have been on the map. | 00:45:42 | |
| You know, then I would have had a little, a little harder time. | 00:45:45 | |
| With this because it's not as publicly viewable, but. | 00:45:49 | |
| When it's on a recorded map, that is something that is a part of a property that you purchased. | 00:45:52 | |
| Which I don't know when you purchased it, but it was after 2020. That's that's where I'm struggling a little bit with not saying | 00:45:57 | |
| that it needs to be closed per staff's recommendation. I just want to be upfront with you on that when it's. | 00:46:03 | |
| To be reclaimed. | 00:46:09 | |
| Who is it actually to be reclaimed to? | 00:46:11 | |
| Because. | 00:46:14 | |
| I'm now the property owner of that. | 00:46:16 | |
| Area where the access is. | 00:46:19 | |
| What? Where is it to be reclaimed? Is it actually reclaimed by the county or reclaimed by me? | 00:46:24 | |
| Because the access was given. | 00:46:31 | |
| To that house that was there. | 00:46:33 | |
| That was the whole. | 00:46:36 | |
| Access and also it was an access point for a ditch that used to run down on there. | 00:46:37 | |
| To an adjoining property so. | 00:46:44 | |
| It not only effects. | 00:46:46 | |
| Me, but there was a ditch. It's now an underground line for a water line. | 00:46:48 | |
| Feeding another farm. | 00:46:54 | |
| But that was an access for that also. | 00:46:56 | |
| So this whole. | 00:47:01 | |
| It doesn't just affect me, it affects the next property owner to the east and. | 00:47:03 | |
| Yeah. And I definitely can appreciate that, Sir. I guess my question is, is, is if that that's the case, why did the prior owner | 00:47:07 | |
| of this, who did this record exemption not have the same concerns because they went through the same process with our staff and | 00:47:12 | |
| and they. | 00:47:17 | |
| Agreed to it because they signed this plan. So why did they not have the same concerns? Probably because. | 00:47:22 | |
| In my world something like this should be a non issue. | 00:47:30 | |
| But as I guess, as the county grows and. | 00:47:34 | |
| We have different ideas about things. | 00:47:38 | |
| It becomes an issue so. | 00:47:40 | |
| Well, I appreciate the dialogue and and overall. | 00:47:43 | |
| What I'm hearing it comes down to safety. | 00:47:50 | |
| And 29 is an active Rd. | 00:47:53 | |
| So. | 00:47:57 | |
| I think we need to. | 00:48:00 | |
| Support the planning department. | 00:48:03 | |
| What are my options on getting to my pond? | 00:48:07 | |
| And I don't know if you. | 00:48:13 | |
| Talk to the. | 00:48:15 | |
| Staff after this but. | 00:48:17 | |
| And again, that was just my comments. Commissioner Pepper, do you have any comments? | 00:48:20 | |
| I was wondering if we should look at continuing this and discussion with planning as far as making sure he does have his proper | 00:48:25 | |
| access. | 00:48:29 | |
| Well, I think Commissioners, I mean, I heard that there is another access further down, but I also heard Mr. Pettit's concerns | 00:48:34 | |
| that that access. | 00:48:38 | |
| May not. | 00:48:42 | |
| Be in the best spot due to a marshy I think is the word you use Sir. A marshy area that he would have to traverse. | 00:48:44 | |
| To get back up to that pond. | 00:48:52 | |
| I mean, in the agricultural world, a recharge pond or a pond like this to serve this pivot that which I'm sure is what it's for, | 00:48:56 | |
| you have to, he has to have access to it. | 00:49:01 | |
| I think from from my standpoint there is access to the property, it's just is it in the right spot to get him access to his pond? | 00:49:05 | |
| Can I interject? I'll just ask a question of Don. | 00:49:14 | |
| The You know, it seems that Mister Pettit is concerned about his. | 00:49:19 | |
| Access for his property which is agricultural. | 00:49:25 | |
| In nature. | 00:49:31 | |
| It's he's perfectly fine with. | 00:49:32 | |
| Closing off the residential access to the other lot. | 00:49:36 | |
| But that so the access. | 00:49:41 | |
| Would be virtually his. | 00:49:44 | |
| To get to the property. | 00:49:47 | |
| For him to be able to access the pond that's there. | 00:49:49 | |
| Is that correct? Yeah, it is. | 00:49:55 | |
| Cut off to the property. | 00:49:59 | |
| It is cut off to the house right now, so the I would say. | 00:50:01 | |
| And commissioners. | 00:50:06 | |
| He does have a lot of frontage along 29. Again, 29 does have an access control plan that we need to meet. | 00:50:08 | |
| But also. | 00:50:16 | |
| 29 is an arterial roadway, so we've got specific code criteria with spacing from intersections and that's just not being neat so. | 00:50:18 | |
| Access staff would be willing if there's another area that meets World County code or a different location on his frontage. | 00:50:27 | |
| That meets the code for safety criteria. We'd be willing to look at that, but. | 00:50:35 | |
| But the one in question today does not meet the ACP nor. | 00:50:40 | |
| The safety criteria at the time. | 00:50:44 | |
| It appears there's a residential access on the West side of 29. What if Mr. Pettit access was moved about 190 feet South and was | 00:50:46 | |
| straight across from that other access? | 00:50:51 | |
| It was still. | 00:50:56 | |
| Access directly into the corner, not into the pivot. | 00:50:57 | |
| Maybe that would be a benefit to access still directly into that corner for Mr. Pettit that it would also. | 00:51:02 | |
| Moving further South, that's that's an idea. | 00:51:07 | |
| I think I'll turn it in that that is an idea and it does meet the 660 foot spacing from the intersection. So again, we're we're | 00:51:10 | |
| willing to work on him if there is a better. | 00:51:16 | |
| So as a the chair, I I don't want to make a rash decision. I think this needs. | 00:51:21 | |
| More diving in. | 00:51:26 | |
| If you don't mind, I would request that someone makes a motion to continue it. | 00:51:28 | |
| And if we can get a date from the. | 00:51:33 | |
| So. | 00:51:35 | |
| I would much rather. | 00:51:41 | |
| Get this moved along on the vacation lot designations. | 00:51:44 | |
| There's. | 00:51:51 | |
| This is the first step in trying to get a farm Family Division for my daughter. | 00:51:54 | |
| Is what all this is. | 00:51:59 | |
| And it's just a first step to do a farm Family Division. | 00:52:01 | |
| All right, so I don't want to delay them. | 00:52:06 | |
| So why don't you do what you need to do? | 00:52:11 | |
| So this doesn't get delayed on their end. | 00:52:15 | |
| I will talk with the Planning Commission, hopefully they are. | 00:52:19 | |
| Workable on this situation. | 00:52:22 | |
| So is this something that we can put back on the calendar on Wednesday? | 00:52:27 | |
| I don't think on Wednesday, but my question to Mr. Pettit's point, is this something Max or or Don or whomever that that this move | 00:52:31 | |
| of the access potentially can be part of the family farm division? | 00:52:36 | |
| So today as it is right now, and then the. | 00:52:44 | |
| We could maybe talk about the recess move. | 00:52:47 | |
| So again, it's going to depend on what his request is and where the access point is for the residential. So what I hear him say | 00:52:50 | |
| he's going to do a family farm division. | 00:52:54 | |
| Which will essentially be a request eventually somewhere on the property. | 00:52:59 | |
| For residential access points. So we'll certainly evaluate that at that time. | 00:53:04 | |
| Right, right. I'm just wondering if it could be a part of that request so that we're not coming back again and then again, you | 00:53:10 | |
| know what I mean? Yeah, good point. | 00:53:14 | |
| Yes, I don't want to delay them, so I'm willing to. | 00:53:19 | |
| To work with the Planning Commission on this. | 00:53:24 | |
| If they're willing to work all right, does the planning staff have a time frame on or Mr. Pettit or? | 00:53:28 | |
| Where we're going and how quickly and. | 00:53:36 | |
| What he's suggesting is that you go ahead and approve it today and then he'll be able to move forward with his. | 00:53:38 | |
| Application for the family farm division. | 00:53:45 | |
| And work it out with respect to any other AG access. | 00:53:48 | |
| That he may need on the property. OK. And Commissioners, we will continue to work with them. So if you approve this today with | 00:53:53 | |
| this one being closed during claim, Jason, you just put an option on the table, we will certainly still look at that. | 00:53:59 | |
| We can still issue an access permit that meets of county code if it's not in that other location. The code allows us to do that, | 00:54:05 | |
| so we will certainly work with him on it. | 00:54:10 | |
| I appreciate, Commissioner Max, you're coming up with an alternative. | 00:54:15 | |
| I guess with, with what's been said then Mr. Pettit, it sounds like you're all right with us going ahead and approving this | 00:54:19 | |
| partial vacation today to allow you to move forward with the other part. And and you're well aware of what we've been talking | 00:54:23 | |
| about and I truly appreciate the dialogue and you telling us some of the concerns and. | 00:54:27 | |
| I guess, as one, Commissioner, I just would ask that you continue to work with staff on this access point move, because | 00:54:32 | |
| technically today if we. | 00:54:36 | |
| If we approve this. | 00:54:39 | |
| Then that access point is not. | 00:54:41 | |
| Not allowed where it's at. So I appreciate that. And Madam Chair, with all the dialogue and discussion, I would go ahead and move | 00:54:43 | |
| that we approve the partial vacation VC24-0028. | 00:54:49 | |
| Record exemption RAC X20-0063 for removal of Lot B Justice and Deborah Pettit. | 00:54:55 | |
| Back it up. It has been. That's where the condition. | 00:55:01 | |
| Of closing, that was what was being suggested. I apologize. I thought that was in the recommendation already. It's not okay then | 00:55:06 | |
| yes, with the condition. | 00:55:11 | |
| Of the access. | 00:55:17 | |
| And I'll second that. | 00:55:19 | |
| All right. It has been moved by Commissioner Maxie, second by Commissioner Pepler for the discussion. | 00:55:21 | |
| All in favor say aye aye. Opposed say nay. | 00:55:27 | |
| That resolution is approved. And yes, Mr. Credit, I appreciate you being here. | 00:55:29 | |
| We hope to have an alternative for you, Sir. | 00:55:34 | |
| OK. Thank you. | 00:55:38 | |
| It comes now for public comment. Each individual speaker is allowed a 3 minute period in time which to direct comments to the | 00:55:40 | |
| Board. The Chair shall enforce the rules of order and decorum and will not accept comments regarding matters which are scheduled | 00:55:45 | |
| to be considered at future public hearing, such as land use hearing. | 00:55:51 | |
| In that event, the speaker will be asked to give their testimony at the appropriate public hearing, either in person or in | 00:55:57 | |
| writing. | 00:56:00 | |
| Pursuant to the rules set forth in Section 2-1-20 dot E of the Well County Code. | 00:56:04 | |
| See no one in the audience. This meeting is adjourned. Thank you. | 00:56:10 |