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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