To hear audio, click on any item of business below. |
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ROLL CALL |
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MINUTES |
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AMENDMENTS TO AGENDA |
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CONSENT AGENDA |
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COMMISSIONER COORDINATOR REPORTS |
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WARRANTS: 1) GENERAL WARRANTS – JUNE 7, AND 9, 2023 |
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BIDS: 1) PRESENT BID #B2300120, LAW ADMINISTRATION ELEVATOR MODERNIZATION – FACILITIES DEPARTMENT |
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2) PRESENT BID #B2300122, NORTH JAIL SECURITY GRID CEILING REPLACEMENT – FACILITIES DEPARTMENT |
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NEW BUSINESS: 1) CONSIDER CONTRACT ID #7036 TASK ORDER CONTRACT FOR COMMUNITY TOBACCO INITIATIVES PROJECT / AMENDMENT 35 TOBACCO USE PREVENTION AND CESSATION EDUCATION, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY |
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2) CONSIDER CONTRACT ID #7038 AMENDMENT #1 TO TASK ORDER CONTRACT FOR WOMEN’S WELLNESS CONNECTION CANCER PREVENTION AND EARLY DETECTION PROGRAM, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY |
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3) CONSIDER CONTRACT ID #7039 TASK ORDER CONTRACT FOR IMMUNIZATION CORE SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT |
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4) CONSIDER CONTRACT ID #7040 TASK ORDER CONTRACT FOR TUBERCULOSIS PREVENTION AND CONTROL PROGRAM, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY |
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5) CONSIDER CONTRACT ID #7062 CONTRACT AMENDMENT #6 FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS AND RESPONSE, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY |
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6) CONSIDER CONTRACT ID #7064 STATEMENT OF WORK FOR WASTE TIRE INSPECTION PROGRAM AND AUTHORIZE CHAIR TO SIGN |
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7) CONSIDER CONTRACT ID #7065 AMENDMENT #1 TO TASK ORDER CONTRACT FOR AIR QUALITY PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY |
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8) CONSIDER CONTRACT ID #7008 INTERGOVERNMENTAL AGREEMENT FOR CAMPUS POLICE OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN – AIMS COMMUNITY COLLEGE |
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9) CONSIDER CONTRACT ID #7066 ACCEPTANCE/APPEAL OF PRELIMINARY AWARD DECISION FORM FOR 2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR LICENSE PLATE READERS AND AUTHORIZE SHERIFF’S OFFICE TO SIGN AND SUBMIT ELECTRONICALLY |
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10) CONSIDER CONTRACT ID #7051 APPLICATION FOR 2024-2025 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) GRANT AND AUTHORIZE CHAIR TO SIGN |
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11) CONSIDER SETTLEMENT AGREEMENT FOR BRIDGE 54/13A RECONSTRUCTION PROJECT AND AUTHORIZE CHAIR TO SIGN – DUSTIN AND JAMIE CHRISTENSEN |
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12) CONSIDER TEMPORARY ACCESS AND CONSTRUCTION EASEMENT AGREEMENT FOR BRIDGE 54/13A RECONSTRUCTION PROJECT, AND AUTHORIZE CHAIR TO SIGN – DUSTIN AND JAMIE CHRISTENSEN |
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13) CONSIDER CONTRACT ID #7050 CONCURRENCE LETTER FOR SERVICE AREA OF FOREIGN-TRADE ZONE (FTZ) PROGRAM AND AUTHORIZE CHAIR TO SIGN |
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PLANNING: 1) CONSIDER APPLICATION FOR SMALL BUSINESS INCENTIVE PROGRAM AND AUTHORIZE RELEASE OF ECONOMIC DEVELOPMENT TRUST FUNDS (TIER III) – INTERNATIONAL FARMS, LLC / ROAD TRUCKING, INC. |
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2) CONSIDER DECISION OF DEPARTMENT OF PLANNING SERVICES DIRECTOR ASSESSING ROAD IMPACT FEES ASSOCIATED WITH BUILDING PERMIT, CMN22-0131 – STEVEN WELLS |
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CONT'D |
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CONT'D |
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CONT'D |
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CONT'D |
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PUBLIC COMMENT |
Join me for the Pledge of Allegiance. | 00:07:54 | |
To the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with | 00:07:58 | |
liberty and justice for all. | 00:08:03 | |
Good morning. It's Monday, June 12th, Callaway, the Board of County Commissioners, Roll call please. | 00:08:11 | |
Scratching Kevin Ross. | 00:08:15 | |
Harrison Payback? | 00:08:18 | |
Which reflected for our five county commissioners, President, Commissioner Ross, you. | 00:08:21 | |
Well, it's approval of minutes of May 24th, 2023 second. | 00:08:25 | |
And then move back to Mr. Buck. Second back to Mr. James who approve. All in favor. Aye. Opposed. Motion carries number city | 00:08:30 | |
agenda. We have any amendments? No Who the consent agenda. Items 1-2 and three under the consent agenda are partial vacation. Does | 00:08:35 | |
anybody want any of those polled? | 00:08:41 | |
Kathleen Donohue promotion to approve the consent agenda will be approved consent agenda. | 00:08:48 | |
Second then moved back to Mr. James, Second by Mr. Buck to approve all in favor. Opposed motion carries Commissioner coordinate, | 00:08:52 | |
reports Commissioner Singh. | 00:08:57 | |
Ohh. | 00:09:03 | |
I'll speak more next Monday, I'll. | 00:09:05 | |
This book, Nothing to report. Everything's good. | 00:09:08 | |
Same good move on the warranty. | 00:09:11 | |
General Warrants June 7 and June 9th, 2023. | 00:09:15 | |
Who can approve General Lawrence? | 00:09:19 | |
Would like Mr. James second like Mr. Brooks to approve all in favor opposed motion carries goods. | 00:09:22 | |
Number one would be 23001201 Enforcement Elevator Modernization Facilities Department. | 00:09:28 | |
Good morning. Caroline Geiser, Purchasing. | 00:09:38 | |
Purchasing received two bids. | 00:09:42 | |
We will be there in the Vincent to the. | 00:09:44 | |
Facilities department for their review. | 00:09:47 | |
We will be back on June 26th for approval. | 00:09:50 | |
Take Questions #2 Presented B 230-0122 N Jail security. | 00:09:54 | |
Providence Senior Replacement Facilities Department. | 00:10:00 | |
Purchasing received one bid. | 00:10:04 | |
It has been sent to the facilities department for review and we will be back on June 26th for approval. | 00:10:06 | |
Good questions. OK. Includes bids, we'll move the new business, #1 considered contract, ID 736, task order contract for community | 00:10:13 | |
tobacco initiatives. | 00:10:18 | |
Project. | 00:10:23 | |
Amendment 35, Tobacco use prevention and substance education and authorized shares of science have been electronically. Good | 00:10:24 | |
morning, Jason. | 00:10:27 | |
Good morning, Commissioners. | 00:10:31 | |
This is a. | 00:10:34 | |
Renewal for contract for tobacco use prevention and cessation program that our department has had for several years. The funding | 00:10:36 | |
comes from state tobacco excise taxes in the amount of $330,134. | 00:10:44 | |
This will allow us to continue the program at current levels, so no additional staff is requested and I recommend that the board | 00:10:52 | |
approve the contract. | 00:10:56 | |
The. | 00:11:00 | |
Persons. | 00:11:01 | |
Move to approve second move like Mr. Brooks, Second by Commissioner James to approve all in favor Aye opposed motion carries #2. | 00:11:02 | |
Consider contract ID 7038, Amendment #1, the task order contract for Women's Wellness Connection. | 00:11:09 | |
Cancer prevention and early detection program and authorized shares finance mid electronically. | 00:11:17 | |
And another contract with the Colorado Department of Public Health and Environment. This is a great program that provides. | 00:11:23 | |
Funding to allow underserved women in Colorado those without insurance for those that are underinsured to. | 00:11:29 | |
UM have training for breast and cervical cancer. The contract dates are July 1st of this year through June 30th of next year. The | 00:11:37 | |
funding is $57,169 which. | 00:11:43 | |
Allows us to continue the program. | 00:11:50 | |
At current levels, no new staffing is requested. I recommend that the board approve this contract. Move to approve. | 00:11:53 | |
The new bike Mr. Buck second by commissioner saying to approve all in favor aye opposed motion carries #3 consider contract ID | 00:12:01 | |
7039, task order contract for immunization and core services program and authorized charter science and electronically. | 00:12:08 | |
This is really, this funding allows us to really provide the core services at the health department. This this is immunization | 00:12:16 | |
funding if you think of the vaccines that we all receive beginning at birth, all the way up through high school. | 00:12:22 | |
This funding provides those services so. | 00:12:30 | |
The contract period is still July 1st of this year through June 30th of next year. The funding amount is $303,000 and $303,018, | 00:12:34 | |
which allows us to continue the program at current levels. No additional staff is requested and I recommend that the Board | 00:12:40 | |
approved this contract. | 00:12:46 | |
Questions Would you approve contract ID 7039? Second move by Commissioner James second by Mr. Buck to approve all in favor, | 00:12:54 | |
Opposed motion carries #4. Consider contract 1874. You task order contract for Tuberculosis Prevention and Control Program | 00:12:59 | |
Authorized chairs science and electronically. | 00:13:05 | |
Another contract with the Colorado Department of Public Health and Environment is for tuberculosis prevention and control, and it | 00:13:12 | |
helps offset county costs for that program. Of course, tuberculosis is historically one of the biggest killers in the history of | 00:13:19 | |
mankind, so this allows us to not only detect, but provide treatment and preventative measures for tuberculosis and Weld County | 00:13:26 | |
residents. The funding? Again $50,000. | 00:13:33 | |
Allows us to continue the program at current levels. No additional staff is requested and I recommend that the board approve this | 00:13:41 | |
contract. Questions. | 00:13:45 | |
Like commissioner saying second by Commissioner James to approve all in favor aye opposed motion carries #5. Consider contract ID | 00:13:51 | |
7062, Contract amendment number six for Public health Emergency preparedness and response to authorized Christian Smith | 00:13:56 | |
electronics. | 00:14:01 | |
One more contract with Colorado Department of Public Health and Environment for public health emergency preparedness and response. | 00:14:07 | |
This contract dates back five plus years of. This program dates back five plus years. The purpose is to. | 00:14:14 | |
Integrate public health. | 00:14:22 | |
In emergency preparedness to help. | 00:14:24 | |
Train and prepare for disease outbreaks like pandemics or bioterrorism or emergent diseases. | 00:14:27 | |
It also allows us to prepare for dispensing of vaccines or antibiotics, fast dispensing in the event that that becomes necessary. | 00:14:34 | |
And allows funding for a staff epidemiologist. Funding contract is July 1st of this year through June 30th of next year. The | 00:14:43 | |
dollar amount is $290,770, which allows us to continue the program at current levels. No additional staff as requested. | 00:14:52 | |
I recommend that the board approve this contract with CHG questions. | 00:15:01 | |
Move to Approve contract ID 7062. | 00:15:06 | |
Mr. James second by Mr. Buck to approve. All in favor. Aye, opposed motion carries. | 00:15:10 | |
Number six consider contract ID. | 00:15:16 | |
#7064 Statement of work for waste tire inspection program and authorized chair to sign. | 00:15:19 | |
Contract with the Colorado Department of Public Health and Environment. This is a small dollar amount contract for $7554.96. | 00:15:26 | |
Which reimburses our staff for a very limited amount of time and inspecting waste tire generators, essentially making sure that | 00:15:35 | |
waste tires are disposed of properly. Obviously with that low dollar amount there's not a lot of staff time spent on this, but it | 00:15:41 | |
does allow. | 00:15:46 | |
The program to continue at current levels. No new staff is requested. Contract period July 1st, 2023 through June 30th of next | 00:15:53 | |
year. | 00:15:57 | |
I recommend that the board approve this contract. | 00:16:02 | |
Question moved second. Moved by Mr. Sean, second by commissioner. Both to approve all in favor aye opposed motion carries #7. | 00:16:05 | |
Consider contract ID #7065, amendment number one to task order contract for air quality program and authorized chair science | 00:16:10 | |
middle electronics. | 00:16:16 | |
Last but not least, contract with the Colorado Department of Public Health and Environment for our Air Quality program. | 00:16:23 | |
Essentially, this allows us to operate. | 00:16:29 | |
Monitoring network to staff to conduct inspections and provide information compliance guidance with stationary sources. | 00:16:36 | |
UM issued bond permits and respond to air quality related complaints. The funding amount is $124,105.00. Again contract period | 00:16:45 | |
July 1st of this year through June 30th of next year. | 00:16:51 | |
With no additional staffing requested, we will continue this program at current level. I recommend that the Board approves the | 00:16:58 | |
contract question. | 00:17:02 | |
Move to approve Second move by Mr. Brock, Second by Mr. James to approve on favor. Opposed motion carries Thanks Jason #8. | 00:17:07 | |
Consider Contract ID number 7008, Intergovernmental Agreement for Campus Police Officer Program and authorized charter Sign AIMS | 00:17:13 | |
Community College. | 00:17:19 | |
Good morning, Board of Commissioners. For the record, Sonia Cobra for County Sheriff's Office finance manager, I'm presenting | 00:17:29 | |
unbiased contract 7008. | 00:17:33 | |
The new 2023 Ames Community Contract for Campus Law Enforcement. | 00:17:38 | |
Services to you today for approval and signature. | 00:17:43 | |
The original contract has been terminated and is being replaced by the new one. The County Attorney reviewed the IGA's legal | 00:17:47 | |
language in the past around was reviewed and signed by all 5 commissioners on the 16th of May 2023. | 00:17:56 | |
Questions. | 00:18:05 | |
Would approve contract ID 7008 second, then move by Mr. James, second by Mr. Buck to approve. All in favor opposed motion carries. | 00:18:07 | |
Thank you, son #9. Consider Contract ID 7066 Acceptance Appeal Preliminary Award decision for 2023 Edward Byrne Memorial Justice | 00:18:17 | |
Assistance Grants Program for license plate readers and authorized Sheriff's Office to sign and submit electronically for the | 00:18:25 | |
records on your program for County Sheriff Finance Manager. I'm here today to present contract 7066, the 2023 Edward Byrne | 00:18:32 | |
Memorial Justice Assistant Grant Award. | 00:18:39 | |
To you for approval, we have been awarded 49,928 dollars. | 00:18:47 | |
Which will fund 3 stationary license plate readers. | 00:18:52 | |
For our patrol investigations department, I would like to request approval to accept the funds for the Sheriff's Office and sign | 00:18:56 | |
the acceptance of preliminary award decision. | 00:19:02 | |
The Grand Award has been reviewed by the Counties Attorney and the PA was approved by 5 commissioners on the 5th of June and the | 00:19:08 | |
period runs from October of 23 through September of 30th of 2024. | 00:19:17 | |
Questions. | 00:19:27 | |
Social proof. Second move by Mr. Buck. Second by Mr. James to approve. All in favor. Aye. Opposed. Motion carries. Thank you so | 00:19:28 | |
much. Thank you so much. You have considered contract. ID 7051, Application for 2024-2025 Hazardous materials Emergency | 00:19:34 | |
Preparedness grant and authorized chairs. Sign Morning, Roy. | 00:19:40 | |
Good morning, commissioners. We're just celebrating the management office commissioners, that grant application that we have | 00:19:47 | |
before you is for hazardous materials grant. We're doing something a little bit different on this application. Typically we do an | 00:19:52 | |
annual application run from October 1st through September 30th of the following year. | 00:19:57 | |
The state is in. Umm, The money comes from the Pipeline Hazardous Materials program. It's not Homeland Security funds, so it runs | 00:20:04 | |
a little bit different. | 00:20:08 | |
The state is actually on a five year grant program. | 00:20:13 | |
And so, rather than doing an annual application every year, which the state typically does, I reached out to him to see if we | 00:20:16 | |
could do a two year grant through 25. | 00:20:19 | |
With afforded their granting for 2025 and they accepted that. So the dollar amount actually covers two years of of support to our | 00:20:23 | |
office that covers. | 00:20:28 | |
Two of the positions within our office for the hazardous materials program, training exercise program. So the the funding, the | 00:20:34 | |
funding will actually go actually helps the annual so we'll have. | 00:20:40 | |
The funding starting in October 1st. This grant will cover October 1st. | 00:20:47 | |
Umm. | 00:20:51 | |
2023 and then I'll run through the 2025 grant year also. So total total funding requested federal dollars is $414,721. | 00:20:52 | |
And our matching dollar requirement will be 103,000. | 00:21:06 | |
Umm $680.25. I wanna thank Jennifer in accounting. She helped me figure out estimated salary costs for the next two years. | 00:21:10 | |
So in a state understands that those salaries are estimated and so are the the dollar amount may change. The interesting thing | 00:21:19 | |
about this grant has been. | 00:21:23 | |
There's been leftover funds each year out of this grant that the state has been able to spend down some of its because some folks | 00:21:27 | |
are applying for it because they can't. | 00:21:32 | |
They can't afford the match dollars. | 00:21:37 | |
At the county level and so that's that's a little bit of the challenge for them. So we're able to able to apply these funds | 00:21:39 | |
towards personnel. So no, no plan to add anybody at this point but recommend the board approve the application. | 00:21:46 | |
Questions. | 00:21:55 | |
Linda proof second move by Mr. Buck second by Mr. saying to approve all in favor Aye opposed motion carries. Thank you thanks Roy | 00:21:56 | |
#11 consider settlement agreement for bridge 5413 a reconstruction project authorized chair sign Dustin and Jamie Christensen | 00:22:02 | |
chairman these are just item in the next item. | 00:22:09 | |
Relate to the same thing, which is bridge 5413 A. | 00:22:17 | |
There's a purchase of right of way and a temporary construction easement. | 00:22:21 | |
And also is the provision of damages to the. | 00:22:26 | |
Remainder of the property. In other words, we're cutting off part of their. | 00:22:30 | |
Access across northern part of their lake. | 00:22:35 | |
I'm giving them the ability to make a new driveway there if they so choose. | 00:22:38 | |
So with this settlement agreement, we've called it that. | 00:22:43 | |
Only because there was. | 00:22:48 | |
The threat of condemnation, that's just something that they wanted to do, something to take advantage of the tax consequences. | 00:22:50 | |
The second item, which is number 12, is a temporary access and construction easement. | 00:22:58 | |
Agreement that happens during construction, so. | 00:23:04 | |
There will be coordination between. | 00:23:08 | |
Christiansen's because they're going to be building. | 00:23:11 | |
During this time so that they can get access to their property, so coordination between our crews that are constructing the | 00:23:14 | |
bridge. | 00:23:18 | |
And they're people who were constructing this stuff on their property. So that's what that agreement does. It makes it so that we | 00:23:23 | |
work together. | 00:23:26 | |
And use reasonable thoughts in terms of getting their access taken care of. | 00:23:31 | |
So we'd recommend approval of the amount for the settlement agreement as. | 00:23:38 | |
$720,000 that includes everything, including the damages. | 00:23:42 | |
OK. | 00:23:48 | |
Well, any questions? | 00:23:49 | |
OK. | 00:23:50 | |
Was the first second. | 00:23:52 | |
Been moved by Commissioner Jessica, by Commissioner Buck to approve all in favor aye opposed motion carries and then #13 or number | 00:23:53 | |
sorry #12 is considered temporary access and construction easement agreement for Bridge 5413 a reconstruction project and | 00:23:59 | |
authorized chair assigned Dustin and Jamie Christensen. | 00:24:04 | |
And then hold your mail on that one, is that included in it? It's included all it's included. OK, so motion to do I have a motion | 00:24:11 | |
to approve this one Second. Second by Commissioner James to approve on favor. Aye, opposed motion carries. | 00:24:18 | |
#13 Consider contract ID 7050 concurrence letter for service area, foreign trade zone, program authorized, carry side. | 00:24:25 | |
Good morning, Cheryl Patelli Finance. Upstreet Colorado has requested that the Board of County Commissioners approved the Attached | 00:24:33 | |
Service Area concurrence letter as part of its assuming administrative oversight of the Foreign Trade Zone Program. By signing | 00:24:41 | |
this letter with the OC acknowledges that the World Trade Center will be able to apply to the Foreign Trade Zone Board. | 00:24:48 | |
For authority to service sites located within Weld County and that the zone will be made available on a uniform basis. | 00:24:56 | |
To companies within Weld County. | 00:25:05 | |
This request was approved by all 5 County commissioners via a May 30th, 2023 pass around and we recommend your approval. | 00:25:07 | |
OK. | 00:25:16 | |
Questions. | 00:25:17 | |
Just a quick comment, so the way this is described here as you probably have gotten letters, make sure that we have manufacturing | 00:25:18 | |
here in Colorado that they're not being double taxed, which is certainly the case in some of these sounds now. | 00:25:24 | |
So with that I I moved out first. | 00:25:30 | |
Second, moved by Commissioner Singh, second by Commissioner Buck to approve all in favor aye opposed Motion carries. Concludes new | 00:25:34 | |
business with planning. Number one, consider applications for small Business Incentive Program. Authorized release of Economic | 00:25:40 | |
Development Trust Funds Tier 3 International Farms LLC. Rd. Trucking, Inc. | 00:25:46 | |
OK. Good morning, commissioners. Tom Parker, Department of Planning Services. | 00:25:54 | |
I'm pleased to bring forth another Small Business Incentive Program application for your consideration. This is for International | 00:25:57 | |
Farms, LLC. This business is located just West of Rottenberg on County Road 6. It was successful in going through the changes zone | 00:26:04 | |
process and a site plan review process. | 00:26:10 | |
What's interesting about this particular application is the first one that to fall under tier three of our program. As you all | 00:26:17 | |
know, we have those 3 tiers and and so this met all the eligibility requirements for Tier 3. | 00:26:24 | |
I went through all the application. | 00:26:31 | |
They doubted all their eyes crossed their Tees. | 00:26:34 | |
It meets everything, according to the Small Business Development Center as well. The award amount here is in a total of $40,000. | 00:26:36 | |
I would recommend your approval and I'd be happy to answer any questions. | 00:26:45 | |
Questions second. | 00:26:50 | |
Like Commissioner Shane, second by Commissioner Buck to approve all in favor. Aye, opposed motion carries. | 00:26:53 | |
Thanks, Tom. It's good to see those continue to happen. Absolutely. Several more in the queue. OK #2 consider decision, the | 00:26:59 | |
Department of Planning Services Director assessing Rd. impact fees associated with building permits, CNN22-0131, Stephen Wells. | 00:27:07 | |
OK, commissioners. Tom Parker, Department of Planning Services. So the resolution before you this morning. | 00:27:16 | |
This will consideration of an appeal of Rd. impact fees associated with the Crow Creek Event Center. This Event Center is located | 00:27:23 | |
east of Hwy. 392 and north of County Road 74. | 00:27:28 | |
The Crow Creek Event Center was approved under US R22. | 00:27:35 | |
Our Dash 0035 on April 19th, 2023 and the structure associated with this Event Center. | 00:27:39 | |
Is with building permit number CMN 22. | 00:27:47 | |
Dash 0131. | 00:27:51 | |
Department of Planning Services are responsible for collecting impact fees on all new construction. | 00:27:53 | |
And those fees are established under chapter five of the Weld County Code. | 00:27:58 | |
On May 17th, the owners, Representative Hannah Dutro, with that professional, submitted a letter of appeal to my attention, which | 00:28:03 | |
is authorized under Chapter 20, Section 20-1-60H, as summarized in my memo to the Commissioners, the only grounds for an appeal. | 00:28:11 | |
To the directors and appeal of the land use type used to calculate the road impact fee. | 00:28:20 | |
There are a total of 10 land use categories. The land use category used for this Event Center was shopping center slash | 00:28:26 | |
commercial. Obviously this is not a shopping center, but it is commercial in nature. | 00:28:33 | |
And going through and reviewing the USSR application materials on file. | 00:28:41 | |
Definitely is commercial in nature. | 00:28:47 | |
I I do understand that, you know, this Event Center is used by a lot of charities and nonprofits. | 00:28:51 | |
Uh, but like I said before, the applications also states that, you know, this facility could be open for wedding events and | 00:28:58 | |
private parties of the like. | 00:29:03 | |
In 2021, the impact fee schedule in chapter five was updated following a study prepared by Duncan and Associates. During this | 00:29:08 | |
update, staff added Event Center within the definition of shopping center slash commercial. | 00:29:15 | |
We added this because we have approved several. | 00:29:23 | |
Event centers like Crow Creek over the last several years. | 00:29:26 | |
Examples of similar event centers include USR 150028. | 00:29:29 | |
USSR 190033. | 00:29:34 | |
And you SR20-0035 staff has been consistent in applying the shopping center commercial land use category on all event centers. | 00:29:37 | |
Following my review of the fees, I upheld the departments assessment and determined that the correct land use category was used to | 00:29:47 | |
calculate the road impact fee for the Crow Creek Event Center. | 00:29:52 | |
On May 26, Miss Dutro appealed my decision to the Board of County Commissioners. Under Chapter 2, Section 2-4-10. The Board of | 00:29:58 | |
County Commissioners have two options available to you under the code. | 00:30:05 | |
Option number one is to uphold my decision, in which case the fee shall be paid in the concordance with the land use category used | 00:30:13 | |
to calculate the fees for this facility. Or option #2. The applicant can apply for an independent fee calculation study as | 00:30:19 | |
described under section 20-1-80. | 00:30:26 | |
The intent of the independent fee analysis is to determine appropriate impact fees for land uses that are not typically or not | 00:30:33 | |
typical of the generalized land uses listed in the impact fee schedule. | 00:30:39 | |
It shall not be a grounds for an independent fee analysis that the initial occupant of the development will not generate as much | 00:30:46 | |
impact. | 00:30:50 | |
As is assumed by the fee schedules, but that unique and permanent features are the development result in lower impacts over the | 00:30:55 | |
long term. | 00:30:59 | |
I I do have one correction to the to the resolution which clipped to the board was very quick to go ahead and change. But we are | 00:31:06 | |
really just kind of a focusing on the road impact fee this morning I believe the resolution had originally stated an amount of. | 00:31:15 | |
30 some $1000 but the actual Rd. impact fee is $25,992. | 00:31:25 | |
This really concludes my remarks and I'm happy to answer any questions. | 00:31:33 | |
That's true. | 00:31:39 | |
As the Commissioner, ordinary discussion very briefly about this. | 00:31:41 | |
Hello. | 00:31:47 | |
Probably be that. | 00:31:49 | |
Put on that public comment and. | 00:31:50 | |
How much? | 00:31:52 | |
I think we do. | 00:31:54 | |
You should. | 00:31:56 | |
OK, so let me hold my comments after public comment then I'm going to certainly make a motion to modify this. | 00:31:57 | |
And approve the appeal for several reasons, and I'll give those after the public comment. | 00:32:05 | |
Hmm. | 00:32:10 | |
You should hear from the intelligent need to hear from the applicant, right, Tim, Come on up. | 00:32:11 | |
Good morning, commissioners. Tim Taylor with our Professionals, 3050 67th Ave. I'm representing Mr. Wells. | 00:32:21 | |
In my request to ask the board to. | 00:32:27 | |
Review the determination of the planning Director on the road impact fee. | 00:32:31 | |
Land use category. | 00:32:37 | |
Well, we certainly agree with Mr. Parco that the land use category states in the Definition Event Center. | 00:32:39 | |
We believe that this, these, these categories are. | 00:32:47 | |
Very broad and. | 00:32:51 | |
Throw everything into it and and. | 00:32:52 | |
We believe that the, uh, the land use of this, since it is, it's a rural facility, it's a rule Event Center, it's for wedding, | 00:32:56 | |
it's a wedding venue, they'll they'll have hayrides, similar stuff to that. | 00:33:04 | |
Um, we believe that it, it fits more into the commercial ad category, which includes Agra Entertainment. | 00:33:12 | |
I don't know that. | 00:33:19 | |
How many people have driven by these corn mazes during October? And there's a. | 00:33:21 | |
Significant load impact. You know there's there's cars lined up all day from 10:00 in the morning till 10 at night. This this | 00:33:28 | |
Event Center allows 200 people. | 00:33:33 | |
So it's. | 00:33:38 | |
It's a small. It's a small facility. | 00:33:40 | |
And it and it accesses directly onto Hwy. 392. So the travel route for this facility would be Hwy. 85 to Lucerne. | 00:33:43 | |
392 to the Event Center. There's really very little impact. | 00:33:53 | |
To the roads of 1 county because of the location of this facility. | 00:33:57 | |
We believe that that the the road impact fee. | 00:34:04 | |
For the. | 00:34:08 | |
Egg, commercial or commercial agriculture fits that fits that category. | 00:34:10 | |
It it certainly isn't a. | 00:34:15 | |
Budweiser Event Center It isn't a a Union Colony Event Center. It isn't an island Grove. It's a small facility. Again, nature. | 00:34:18 | |
And certainly fits the the commercial lag. | 00:34:29 | |
Description. | 00:34:33 | |
Um, it just happens to be called an Event Center. So we understood Mr. Parker's decision. It's in the definition we see that. | 00:34:34 | |
But we don't believe that that category. | 00:34:45 | |
Is. | 00:34:49 | |
It's it's. It's got too many things thrown into it that don't fit, so we'd request that if it just be. | 00:34:51 | |
Um, adjusted to the to the AG commercial. | 00:34:58 | |
Land use. | 00:35:04 | |
OK. And we have one other thing I'd also ask that. | 00:35:05 | |
Part of the fee impact fees associated with the building permit be categorized as that. | 00:35:09 | |
Because there there are multiple. | 00:35:16 | |
Alright, what's it called? Tom? It's family. It's the What's the other thing? | 00:35:18 | |
The other. | 00:35:23 | |
Category the other land use, there's a there's an impact fee that's the capital facilities, facilities impact fee. | 00:35:25 | |
So it it it follows the same categories as the road impact fees. | 00:35:33 | |
So. | 00:35:38 | |
We'd like it to. | 00:35:39 | |
Encompass all of that. | 00:35:41 | |
And for assessing a road impact fee then let's truly take some sort of definition or or assessment of what the impact on the road | 00:36:13 | |
might actually be. And you and I had this conversation on on Friday and we can I think with a simple traffic study and and I'm not | 00:36:19 | |
necessarily proposing that for for this particular instance. | 00:36:25 | |
But for instances in the future we can we can truly get an accurate assessment of what the impact to the roadway will will be. | 00:36:31 | |
Yeah. | 00:36:39 | |
Yes, Sir. And to answer your question, I think that is the purpose behind the independent fee study analysis. | 00:36:40 | |
Is to actually get a transportation planner or traffic engineer to go through and really determine what those true impacts are. | 00:36:49 | |
And if it if it is true that there's not going to be a lot of impacts that are generated from this facility, then as the code | 00:36:55 | |
states, then we can go through and review that and that might actually lower the fee. | 00:37:02 | |
We've done a couple of independent fee calculation studies in the past, so I I just wanted to point that out. That's probably the | 00:37:09 | |
proper process to go through instead of trying to determine the best category here. | 00:37:16 | |
But certainly. | 00:37:25 | |
Yeah, it's the Board's purview here. Thank you. Continue on that. Mister Nabors is proposing a certain classification and then I | 00:37:27 | |
appreciate the request. I don't feel that, but I appreciate the request. I I with this option #2 that I see before us here to | 00:37:34 | |
overturn the director's decision or can direct the applicant to apply for an independent fee calculation study. | 00:37:41 | |
According to the procedures outlined in their code. | 00:37:49 | |
All of our code, that's good. That independent tree calculation study then does that become the arbiter of the actual fee | 00:37:52 | |
assessed? | 00:37:55 | |
That becomes the determinant, yes. So staff will then review that study and then base the fee on on the actual impacts. What that | 00:38:00 | |
fee would be, it's hard to tell until that studies done and it could be it could be the same amount here or it could be | 00:38:08 | |
substantially less than that. And then of course there's also another process in the code that if staff for some reason came to an | 00:38:15 | |
impasse or or or the applicant disagreed with staff. | 00:38:23 | |
Running through that particular study, that can also be appealed back to the Board of County Commissioners. | 00:38:30 | |
OK. So I have two questions. I'm done. Thanks. First one is, So what is something, what is something, what is something like that | 00:38:37 | |
study? What does that cost? | 00:38:41 | |
Well, there's a nominal application fee, but whatever the cost is, is to prepare that. Again, it could be a transportation planner | 00:38:45 | |
or a traffic engineer to do that study. So there is some cost. I'll be completely honest with you, but. | 00:38:52 | |
That I can. I can answer that question. It's anywhere from. | 00:39:00 | |
2000 to $5000. | 00:39:04 | |
OK. | 00:39:07 | |
And then the second question I've got and I've always been a little bit confused about about this. | 00:39:08 | |
I struggle with the fact that there were Basin Rd. impact fees based on a kind of building or a size of a building and not what | 00:39:16 | |
the actual impact of the roads are. I've always struggled with that. But the second part of that is where does World Counties | 00:39:22 | |
really I struggle with where is well counties really impact fees if the access is on a state highway that's that's the other thing | 00:39:28 | |
that I that I'm just not quite sure I understand it's. | 00:39:33 | |
It's not. It's not. It's not an impact. It's not a access that's off of a County Road, it's off of a state highway. So what is | 00:39:39 | |
Weld County's impact in this? | 00:39:43 | |
I think, Commissioner, answer your first question again when we went through with the Duncan Associates study that was recently | 00:39:48 | |
updated. | 00:39:52 | |
On around 2021, I know we've had some conversations around that, but our responsibility is to follow exactly the feed schedule | 00:39:56 | |
that's that's in the code right now. And so as it's written, it's based off square footage that fee is. So yes, the bigger the | 00:40:04 | |
building, the bigger the fee when it, it depends on which land use category there is there. So it doesn't say if you're generating | 00:40:12 | |
200 trips, the fee shall be this or through generating 10 trips the fee shall be this. | 00:40:19 | |
You know, I'm definitely, as we're going through the budget process heading into next year, we could look at fees and those types | 00:40:27 | |
of things. | 00:40:31 | |
But the second part of your question too, does this really come out on a County Road? No, it's well north of County Road 74 and | 00:40:36 | |
off of the state highway. But again you know when we're assessing these fees, it doesn't say in there if you're accessing a state | 00:40:44 | |
highway there should be no Rd. impact fee applied, just says Rd. impact fees are are. | 00:40:52 | |
Assessed on all new construction so and so and Tom, you and I have had this conversation a number of times over the years. I could | 00:41:00 | |
have a huge game building that doesn't generate any traffic and I could have a really small building that has a whole lot of | 00:41:08 | |
people coming in and out all the time. And so I struggle with, I struggle with the size of the building determining the road | 00:41:15 | |
impact fee. I just always have because it seems to me we ought to be based on a road impact fee somehow based on what the actual. | 00:41:23 | |
And actually it'll be the road because I mean I could have a I could have a 200,000 square foot building, but. | 00:41:30 | |
Pretty much as as. | 00:41:37 | |
Two trips of a going in and out of that thing versus versus a you know. | 00:41:39 | |
A very small for example pot shop for example, that's gotten 9000 people a day coming in so they get back fees are not should not | 00:41:44 | |
be based on the size of the building, they should be based on the road impact. But interesting comparison there Mr. Frank. | 00:41:51 | |
So. | 00:42:00 | |
Gently the last couple of years. That's what the Duncan study said, that just now Commission will vote against the increased | 00:42:01 | |
impact fees. | 00:42:04 | |
For that exact reason. So I'm glad we're paying attention now as far as actual impact on them, that's exactly. | 00:42:07 | |
What we should be doing and there's ways to do that directly. | 00:42:14 | |
Without voting techniques. So I I think a fee in this instance is really just a chance on business. | 00:42:17 | |
So I not only do I think we should lower it for everyone. | 00:42:23 | |
Based on the actual impact of the roads, maybe we should get rid of it altogether and address it in a different way, but in this | 00:42:27 | |
instance I. | 00:42:31 | |
I think you're right. | 00:42:36 | |
I'm not saying, I'm not saying that we shouldn't have impact fees. I'm saying that that it should be based on the on the impact | 00:42:38 | |
that this facility was having, you know, was having tons and tons of traffic every day. Yeah, we ought to be charging it based on | 00:42:44 | |
based on the Internet right now. It's not done that way and it goes into communicable which is wrong. | 00:42:50 | |
Nothing. So I went I'll move to approve this as far as modifying and to approve this appeal for this particular. | 00:42:58 | |
Charity of isn't it? It's still could impact the world That's so. In other words what's your what's your degree is to appeal to go | 00:43:39 | |
to do the independent fee study. | 00:43:42 | |
Because that was our two options. I think we just approve it. I'm gonna make a motion to approve it. | 00:43:47 | |
Well, I'm not sure what you what you want this appeal is either to deny the appeal or approve the appeal and go to an independent | 00:43:52 | |
fee study. That's that's two options, correct? | 00:43:57 | |
It is their proof. | 00:44:03 | |
You know it's modified in this the modified the decision the Director of Planning department. | 00:44:06 | |
Um, and to approve the appeal to go to the study. Is that correct? Is that the only two options? That's correct, ma'am. That's the | 00:44:11 | |
motion. Can I ask a question? | 00:44:16 | |
So. | 00:44:21 | |
I the way I read this is that uh that that you have the. | 00:44:25 | |
The appeal of the land use category is what we're appealing. | 00:44:29 | |
Because. | 00:44:35 | |
It seems like we're. | 00:44:38 | |
We could have gone directly to the. We could have gone directly to the. | 00:44:41 | |
To the. | 00:44:47 | |
Road impact fee independent fee calculation. | 00:44:48 | |
Without having to come to the board to ask for that, I feel like we should have been able to say hey. | 00:44:52 | |
We don't agree with the land use that Mister Parker. Parker was determined. We're asking for this and the board said yes, we agree | 00:44:58 | |
with that land use and not. | 00:45:03 | |
Have to go through. | 00:45:09 | |
The independent fee calculation, but the other thing with independent fee calculations, with having to appeal to the board is | 00:45:11 | |
that. | 00:45:14 | |
The building permits been available for six weeks now. | 00:45:20 | |
We go in and do another month of in in you know for an independent fee study scheduled with the board scheduled with you know for | 00:45:24 | |
three months out on a building permit. | 00:45:28 | |
That you know not only is, you know. | 00:45:33 | |
It costs money to do that, but but the time that we're not able to actually get a building permit. | 00:45:38 | |
Is because we're appealing the fee. The way I read it is that we have the that the commissioners have the ability to. | 00:45:44 | |
Change the land use category so it doesn't have to go to. I'm looking to the accounting attorney. So if it specifically says that | 00:45:53 | |
our code and Event Center goes in this category, is that something that is appealable? | 00:45:58 | |
I guess it would be. | 00:46:04 | |
I think it is OK. Thank you. You have the ability to appeal. | 00:46:05 | |
The category that it goes into. OK, that makes more sense to me then. | 00:46:10 | |
Hey, you know the. | 00:46:15 | |
I mean here issue which is. | 00:46:17 | |
You should base the fee on what the. | 00:46:20 | |
Actual impacts are. | 00:46:22 | |
That. | 00:46:25 | |
Is something that could be done for everyone. | 00:46:27 | |
But they're gonna have to come up with an independent. | 00:46:29 | |
Study to show what the impacts really are so you're costing everyone. | 00:46:33 | |
That that amount. | 00:46:38 | |
I mean the the fees are based on a national study. | 00:46:41 | |
That works out these types of uses and the general. | 00:46:45 | |
And so that it's not specific as to. | 00:46:50 | |
Exactly what it is that this. | 00:46:54 | |
Use. Is going to be generating the type of. | 00:46:56 | |
Activity. | 00:46:59 | |
Well and and and here's what I I'm just gonna be honest here. Here's where I struggle with this. So we've got an Event Center that | 00:47:02 | |
maybe does an event every other weekend or whatever put in the same thing as a as a shopping center that people go in out of all | 00:47:08 | |
day every day. So the the use doesn't seem like we've counted in the light use. It does seem like it's more of an ad commercial | 00:47:14 | |
type of use to me. | 00:47:21 | |
I think the fault of, excuse me, I think the fault of us, says Aggro and the client. | 00:47:27 | |
And when we did the USSR, we named the thing the wrong thing. | 00:47:34 | |
We named it an Event Center. We didn't named it. | 00:47:38 | |
I don't know a hayride facility. | 00:47:42 | |
We will have gotten into the Event Center. It wouldn't have been that. We called it the Wells Crow Creek Event Center. | 00:47:46 | |
We named it something, but that's not the reality of. | 00:47:52 | |
What it is? | 00:47:56 | |
Well, and I'm. I feel like we're in a conundrum. Neither one of these choices is. | 00:47:58 | |
I'm sure we can do something now. I I don't know if we can do something now. The options are you? No. Bruce just said that they | 00:48:04 | |
could appeal the type of land use, which is what they're actually appealing. Is that what we're doing? But that's not what the | 00:48:10 | |
resolution is. The resolution is not written that we just go ahead and make another motion. We can have the clerk type. | 00:48:15 | |
Motion yet. So I'll, I'll go until my motion. I will resend my motion and I'll make a new motion that we actually follow through | 00:48:22 | |
with, with a new resolution that can be probably typed up right now that we change the use. | 00:48:29 | |
Uh, since that's what the applicant clearly wants to heal, is he wants to change her from Event Center to a commercial. | 00:48:37 | |
Can somebody send that one? We'll have it written up. | 00:48:44 | |
Line. | 00:48:49 | |
I don't know if we could do that with you once you set it up so we can have yeah. I'll second it so we can discuss. OK I I because | 00:48:51 | |
I I don't agree with you. I don't disagree rather with the intent. I agree with the intent. I just want to make sure that we are | 00:48:55 | |
locked up and doing what's within our. | 00:49:00 | |
Within what we can do? | 00:49:06 | |
There they are. I think you can. I mean the problem is. | 00:49:08 | |
You're making a category that. What about the next one and the next one after that? I mean everyone of them. | 00:49:11 | |
Is. | 00:49:19 | |
Has some differences. | 00:49:20 | |
And so you know the typically with categories like that you're doing it in a legislative sense. | 00:49:22 | |
And saying, yeah, is this a best category? Is this the best category for that type of use? | 00:49:29 | |
I mean, that's the problem with saying it's an appeal of the category. | 00:49:36 | |
Because. | 00:49:43 | |
It sets a precedent for the next one. So I feel like we're at a command room because I think the resolution doesn't apply to the | 00:49:44 | |
issue that. | 00:49:47 | |
We're trying to struggle with the decision, so. | 00:49:51 | |
I don't know if we can continue until Wednesday to have a correct resolution to. | 00:49:54 | |
You know, we could amend the resolution that we want just because it's written that way. You can change, you could amend the | 00:49:59 | |
resolution. OK. So my, I guess my other question, Tom is for example, these AG entertainment type things whether it's. | 00:50:05 | |
You know, whether it's whether it's the the one, the pumpkin, you know, the pump, the different part of those are those | 00:50:11 | |
categorized as egg. | 00:50:15 | |
Commercial. Now I believe the way that we've assessed event centers is under the shopping center, no, I'm talking, I'm talking | 00:50:20 | |
like, I'm talking Clippers like Critters is a little different like. | 00:50:25 | |
You know Anderson Farms, Miller Farms of 19, I mean those all have use by special review permits as well, but like a corn maze and | 00:50:32 | |
stuff, again, we're just talking about the building itself, so not not necessarily the use so. | 00:50:38 | |
So agree, tainment might be a good use, but again, the impact fees just applied to the buildings themselves. | 00:50:46 | |
Now, so you could have you could have something like. You could have something like Chryslers. | 00:50:52 | |
Right, That's got a ton of people. | 00:50:58 | |
And doesn't even have a building exactly. There would be no room in that case. We might do like an improvements agreement, Rd. | 00:51:00 | |
maintenance agreement, those types of things that are usually associated with those to help address traffic concerns there. But | 00:51:07 | |
yes, I mean you could you could have a big facility and or a big use and not have very many structures or any structures at all. | 00:51:15 | |
I have the definition of agricultural commercial if that would help. It's it means for the purpose of this chapter agricultural | 00:51:23 | |
processing facilities for producer, livestock intensive factory style production of animals and animal products commercial use is | 00:51:28 | |
serving. | 00:51:33 | |
The agricultural sector. | 00:51:39 | |
But does not include Office uses. | 00:51:41 | |
Typical uses include feedlots, dairies, factory farms, sales of agricultural equipment and supplies. | 00:51:43 | |
Commercial agricultural storage facilities, Agra entertainment facilities IE roping arenas, corn mazes and etcetera and similar | 00:51:49 | |
uses. | 00:51:54 | |
We feel like we fit in that aggro tainment facilities, roping arenas, corn mazes and similar uses. | 00:51:59 | |
And I'll just say something for sure. Other people. Other folks. | 00:52:12 | |
Applying for this, they can appeal or they can come through the ad commercial process. So we wouldn't be creating a new process | 00:52:16 | |
for understand what the attorney just said for just one person. | 00:52:21 | |
I'm struggling with that's the right category either though. But I mean the very last thing you said 90% of that definition didn't | 00:52:26 | |
have anything to do with it. No, with the aggregate, the aggregate entertainment facilities, roping arenas, corn mazes. | 00:52:33 | |
You know that's those are events. Those are events I. | 00:52:40 | |
They are, they are but but that but those kind of events. So now we're talking like double check phones out there or the double | 00:52:43 | |
check arena, right, but. | 00:52:48 | |
And those have considerably more Rd. impact. They do, but then but they're not. They're not a wedding face. I mean, there's a | 00:52:54 | |
difference between actually ad stuff and versus the Event Center that's doing, that's doing weddings and and and whatever other. | 00:53:02 | |
Wagon rides, which is part of their. | 00:53:12 | |
Part of their. | 00:53:16 | |
Thing is, they have, they have horse, horse rides and. | 00:53:17 | |
Hmm. | 00:53:21 | |
Wagon rides for for people. That's what they've been doing. That's what they started with. | 00:53:22 | |
Allow me to ask questions here, period. I'm sorry, Commissioner Bucks. | 00:53:28 | |
Question. Could we continue this and consider? | 00:53:34 | |
What is an AG commercial facility? Because again, I think we can all agree that the Duncan study is very flawed. | 00:53:37 | |
And I think we should revisit it and do something better. | 00:53:43 | |
I feel like we're moving on the fly. I I feel uncomfortable with. | 00:53:47 | |
Trying to figure this out when I think we need to. | 00:53:51 | |
Just continue until Wednesday. Well, here's here's what I Here's what I know. | 00:53:54 | |
Pretty sure that I know and that is. | 00:54:00 | |
Will impact the $25,000 on something like this is completely, that's just that's how it works. So I don't know how we fix it. I | 00:54:04 | |
don't know how we get there without setting some kind of a precedent that impact future things. But that certainly isn't going to | 00:54:09 | |
be based on the use of that of that facility. | 00:54:15 | |
Mr. Chair, I think when you said too, it's off of a. | 00:54:23 | |
US Hwy. 392, it's not a County Road. So I'm again, like I said, I feel like we're trying to make a decision and we're in a comp | 00:54:27 | |
quandary and I think we need to just continue it until Wednesday. | 00:54:33 | |
What do we expect to get between now and Wednesday? A definition of where we're at and apply. I think we need at least a week | 00:54:39 | |
because right now we're what we're asking if we. | 00:54:44 | |
Based on this resolution, the only thing to be a lot of time my three months to get traffic engineering, but that's very | 00:54:49 | |
expensive. I think there's a way we can do this without stocking an independent study to everyone to get a professional | 00:54:54 | |
transportation. I mean, like I said, this second study has been flawed from the beginning. There's a difference between. | 00:55:00 | |
Doing this legislatively. | 00:55:06 | |
And looking at it legislatively and then doing on a piece meal basis, on every appeal that comes through you're going to change | 00:55:09 | |
the code. You need to change the code you do and if it's wrong, OK, we'll fix it right. But we need to do that legislatively. You | 00:55:14 | |
can't do this by. | 00:55:20 | |
Continuing in a week and then determining what this appeal should be. OK, So I mean, I I think The thing is. | 00:55:25 | |
Tim is asking and saying that the building is being put in the wrong category and I I get that. I mean, I I understand his appeal | 00:55:34 | |
and I think it's a good appeal pursuant to the code. | 00:55:42 | |
Now the question is, is it in fact in the wrong category? | 00:55:50 | |
And and maybe it is, maybe it isn't. I don't know. And I I think what Tom is saying is. | 00:55:55 | |
But their way to do it to make it more specific as to. | 00:56:01 | |
What actually is going to happen there is to do an independent fee calculation and that's the reason why we put that in there is | 00:56:05 | |
for someone to say, hey, that doesn't apply to me because I go out on the state highway and I. | 00:56:11 | |
Do these other things. | 00:56:18 | |
I mean, can I ask the applicant, shall we have some? If we don't do this today, we need some time. If we want to change the code | 00:56:21 | |
to accurately reflect what is AG commercial, that's going to take at least what Tom six weeks. | 00:56:28 | |
Six months? What? No, you gotta have three reading process on the thing, right? But that's that's right. Take six months. Yeah. | 00:56:36 | |
And we've done it pretty fast before. You would need to redo the the study because the study creates the Nexus between the fee | 00:56:44 | |
that's being charged. | 00:56:50 | |
And the use. OK so. | 00:56:55 | |
Hmm. | 00:57:01 | |
So back to the Afghan. I'm sorry, what's the fastest? We've got a code change through that. We've we've done this pretty quickly. | 00:57:02 | |
The commissioner saying you heard what Bruce said, you've got to redo the study. They're asking for a change of use so we can do | 00:57:09 | |
that within our code now. | 00:57:13 | |
But I don't want to. Asking for is to say he's saying unappealing the category that you're putting it into, right? | 00:57:18 | |
And so you can make that determination. You could say, yeah, it should be in this category rather than in that category, mean that | 00:57:26 | |
I think is a valid appeal. | 00:57:31 | |
And and I'm just saying once you do that. | 00:57:38 | |
Similarly situated. | 00:57:42 | |
Event Center centers will come in and say the same thing. Then I do. I renew the motion. I think I made the motion. Alright, let's | 00:57:44 | |
do that. Other people have a chance to appeal. | 00:57:49 | |
Right. They can appeal the decision. Why don't we just do that as it's in our code now and change this use to add commercial. So | 00:57:54 | |
I'll renew the motion something will second it. | 00:57:58 | |
And you already seconded that already second, so I withdraw my second will you regard with helping you. | 00:58:04 | |
OK. | 00:58:11 | |
That we're granting. | 00:58:12 | |
Mr. Nader's appeal. | 00:58:13 | |
To act commercial. | 00:58:16 | |
Changes. | 00:58:17 | |
To change the category housing, I'll second while I share the county attorneys. | 00:58:19 | |
We got a specific instance which I am, I am sympathetic to and I we got a broader consequence which I'm concerned with. But for | 00:58:26 | |
that case I will second the motion. OK. So I'm just going to make one comment on this. So if you if you're looking at something | 00:58:31 | |
like this, right? | 00:58:36 | |
To me, and commercial is the more correct place for the category than the shopping center. It just is, yes. So I'm going to | 00:58:42 | |
support the motion. | 00:58:46 | |
OK. | 00:58:51 | |
Any other comments? | 00:58:53 | |
Do we need a little cold vote? | 00:58:57 | |
OK. All in favor of. | 00:59:00 | |
The appeal to change the category from. | 00:59:02 | |
Shopping center too much commercial to agricultural, commercial and commercial. | 00:59:07 | |
OK. All in favor. Aye. Opposed motion carries. Quick question. That being said, I do think that we ought to. Tom, I'm gonna have | 00:59:13 | |
one more on your plate besides the besides the solar one. You need to take a look at the at the code. Not that we shouldn't charge | 00:59:21 | |
fees. Not that we should. We just need to I think and we've had this conversation numerous times. We just need to be we need to be | 00:59:28 | |
charging people for what the actual impact is. We need to be covering costs here instead of just. | 00:59:35 | |
I don't know. So size of the building I struggle with and we made these changes back a few years ago when with the whole oil and | 00:59:43 | |
gas on the way, we were doing that and just based on what our role in that was. And so I just think we need to take a look at it | 00:59:50 | |
some point and just just because we're directing our staff, I also think it should not go into communal fund which is basically it | 00:59:57 | |
should be like an invoice if they pay something there should be a direct benefit to that vote or whatever they're on. | 01:00:03 | |
It should not go into a large fund that it gets distributed to wherever it's it's not right the way this is. | 01:00:10 | |
Or on the back end, That's a different conversation. | 01:00:17 | |
Conversation, Sir, if we're going to be looking at the Duncan study. Thank you, Mr. Chair. Just. | 01:00:21 | |
My concern of our Lawrence, I, I think that the intent of the board is clear, but I want to make sure with the the clerk to the | 01:00:25 | |
board because basically we're asking you to spitball a new resolution. | 01:00:30 | |
That we will appropriately have to. | 01:00:35 | |
To to prove I can't, Tom and I will work on it together and then we'll have that so that it's on the consent agenda, on the | 01:00:38 | |
consent agenda next. | 01:00:43 | |
Was today's Monday through Wednesday? Thank you. OK. | 01:00:48 | |
Well, Commissioners, thank you. Thanks for your able to make it work. I want to thank Mr. Parko for for. | 01:00:53 | |
Processing our request and and the board for for approving it. Thank you very much. | 01:01:00 | |
Alright, that concludes planning public comment. | 01:01:05 | |
During public comment this morning. | 01:01:09 | |
Come on up. | 01:01:13 | |
Good morning. My name is Steve Keats, I. | 01:01:31 | |
First of all, I don't remember if I mentioned this last time I was here, but we we have a free bus conference in the state from | 01:01:38 | |
June 1st to August 31st. | 01:01:44 | |
And the buses are free. | 01:01:51 | |
Also, I liked it. | 01:01:54 | |
Say something else. Last week there was a meeting that I was surprised at. I had a meeting at the Ridgeway and but I was there | 01:01:58 | |
early, so I went through the grieving Tribune and there was some information that there was going to be meaningful and the state. | 01:02:07 | |
Some state representatives were gonna be there and and so I stayed at the library because it started around 5530 and about 7730 | 01:02:16 | |
and they did a presentation and then we broke up in groups and there was three groups, trans, transportation, oil and gas and | 01:02:24 | |
health. | 01:02:32 | |
And I forgot the other group. | 01:02:40 | |
And and guess what group I went into? | 01:02:42 | |
Trying to get now. | 01:02:48 | |
Yeah. | 01:02:49 | |
Situation You're right, but anyway. | 01:02:52 | |
And the biggest group was transportation, right? More people and we have about 2530 people there and. | 01:02:56 | |
But the largest we've broken groups was transportation and it was very interesting too that I've been saying that others they say | 01:03:06 | |
why we need to get around. | 01:03:13 | |
Better and all that. And we need better public transportation if it's. | 01:03:21 | |
In Greeley Evans area but also there's mentioned too about having a regional so we get people going out because of the growth and | 01:03:27 | |
because the growth of Weld County Lamar County and. | 01:03:35 | |
That we could have a regional up here like you know, RTD, RTA, whatever big that'd be able to get around for work, for medical, | 01:03:43 | |
for events and things like that, so. | 01:03:51 | |
That's not a kind of and they say they're going to have another meeting sometime late summer and hopefully they'll let people know | 01:04:00 | |
this time. And I did recommend that they invite the city of Greeley, Evans and the county Commissioners of World. So hopefully you | 01:04:08 | |
will give it that they will know when they're going to have it and invite you guys. | 01:04:16 | |
Ohh also we got a present after the presentation of the meeting. They gave us a gift card to. Was very nice of him. | 01:04:27 | |
So I'm going to the next one up to. | 01:04:37 | |
I agree that we need to work on a regional system now because of the growth in world environment, county and people need to get | 01:04:41 | |
back and forth as well as. | 01:04:47 | |
The. | 01:04:53 | |
With military veterans for the medical healing. | 01:04:55 | |
OK. Or even out for further, UH, we don't have a VA clinic here and it's all in Loveland and try to talk to VA Well, that's like | 01:05:00 | |
talking to the federal government, but we won't get into that. And my last one is? | 01:05:09 | |
That we're talking about. | 01:05:19 | |
Yeah, earlier. | 01:05:24 | |
Whatever they were doing and in this week, there's a long enforcement tomorrow and VA Veterans Memorial and the Green City | 01:05:28 | |
government they. | 01:05:34 | |
When they were putting the sprinkler system, they're putting different kind of grass. They have corrected some of that, but. | 01:05:43 | |
In front, uh, between the sidewalk and the curb. There's still that ugly looking grass that they have and I told him about it, but | 01:05:52 | |
it's still, it's in front of in front of the. | 01:05:59 | |
Veterans Memorial as well as the Law Enforcement Memorial, and it still kind of looks ugly even though you got the regular grass | 01:06:07 | |
on the other side of the sidewalk. But on this side between the road and the sidewalk, it's still. | 01:06:13 | |
Looks kind of bad and I was wondering if you guys could recommend that they put the best grass that's the city agreement issues, | 01:06:20 | |
but you have that memorial there for law enforcement. And I just think that we all places you would make it look good, but I just | 01:06:28 | |
thought I'd bring that up too. Thank you. Any other public comment? | 01:06:36 | |
OK. Seeing none, we will adjourn and we do have a public hearing, so we'll give you time to. | 01:06:45 | |
Restart the computer and we'll do that quick. | 01:06:52 |
Join me for the Pledge of Allegiance. | 00:07:54 | |
To the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with | 00:07:58 | |
liberty and justice for all. | 00:08:03 | |
Good morning. It's Monday, June 12th, Callaway, the Board of County Commissioners, Roll call please. | 00:08:11 | |
Scratching Kevin Ross. | 00:08:15 | |
Harrison Payback? | 00:08:18 | |
Which reflected for our five county commissioners, President, Commissioner Ross, you. | 00:08:21 | |
Well, it's approval of minutes of May 24th, 2023 second. | 00:08:25 | |
And then move back to Mr. Buck. Second back to Mr. James who approve. All in favor. Aye. Opposed. Motion carries number city | 00:08:30 | |
agenda. We have any amendments? No Who the consent agenda. Items 1-2 and three under the consent agenda are partial vacation. Does | 00:08:35 | |
anybody want any of those polled? | 00:08:41 | |
Kathleen Donohue promotion to approve the consent agenda will be approved consent agenda. | 00:08:48 | |
Second then moved back to Mr. James, Second by Mr. Buck to approve all in favor. Opposed motion carries Commissioner coordinate, | 00:08:52 | |
reports Commissioner Singh. | 00:08:57 | |
Ohh. | 00:09:03 | |
I'll speak more next Monday, I'll. | 00:09:05 | |
This book, Nothing to report. Everything's good. | 00:09:08 | |
Same good move on the warranty. | 00:09:11 | |
General Warrants June 7 and June 9th, 2023. | 00:09:15 | |
Who can approve General Lawrence? | 00:09:19 | |
Would like Mr. James second like Mr. Brooks to approve all in favor opposed motion carries goods. | 00:09:22 | |
Number one would be 23001201 Enforcement Elevator Modernization Facilities Department. | 00:09:28 | |
Good morning. Caroline Geiser, Purchasing. | 00:09:38 | |
Purchasing received two bids. | 00:09:42 | |
We will be there in the Vincent to the. | 00:09:44 | |
Facilities department for their review. | 00:09:47 | |
We will be back on June 26th for approval. | 00:09:50 | |
Take Questions #2 Presented B 230-0122 N Jail security. | 00:09:54 | |
Providence Senior Replacement Facilities Department. | 00:10:00 | |
Purchasing received one bid. | 00:10:04 | |
It has been sent to the facilities department for review and we will be back on June 26th for approval. | 00:10:06 | |
Good questions. OK. Includes bids, we'll move the new business, #1 considered contract, ID 736, task order contract for community | 00:10:13 | |
tobacco initiatives. | 00:10:18 | |
Project. | 00:10:23 | |
Amendment 35, Tobacco use prevention and substance education and authorized shares of science have been electronically. Good | 00:10:24 | |
morning, Jason. | 00:10:27 | |
Good morning, Commissioners. | 00:10:31 | |
This is a. | 00:10:34 | |
Renewal for contract for tobacco use prevention and cessation program that our department has had for several years. The funding | 00:10:36 | |
comes from state tobacco excise taxes in the amount of $330,134. | 00:10:44 | |
This will allow us to continue the program at current levels, so no additional staff is requested and I recommend that the board | 00:10:52 | |
approve the contract. | 00:10:56 | |
The. | 00:11:00 | |
Persons. | 00:11:01 | |
Move to approve second move like Mr. Brooks, Second by Commissioner James to approve all in favor Aye opposed motion carries #2. | 00:11:02 | |
Consider contract ID 7038, Amendment #1, the task order contract for Women's Wellness Connection. | 00:11:09 | |
Cancer prevention and early detection program and authorized shares finance mid electronically. | 00:11:17 | |
And another contract with the Colorado Department of Public Health and Environment. This is a great program that provides. | 00:11:23 | |
Funding to allow underserved women in Colorado those without insurance for those that are underinsured to. | 00:11:29 | |
UM have training for breast and cervical cancer. The contract dates are July 1st of this year through June 30th of next year. The | 00:11:37 | |
funding is $57,169 which. | 00:11:43 | |
Allows us to continue the program. | 00:11:50 | |
At current levels, no new staffing is requested. I recommend that the board approve this contract. Move to approve. | 00:11:53 | |
The new bike Mr. Buck second by commissioner saying to approve all in favor aye opposed motion carries #3 consider contract ID | 00:12:01 | |
7039, task order contract for immunization and core services program and authorized charter science and electronically. | 00:12:08 | |
This is really, this funding allows us to really provide the core services at the health department. This this is immunization | 00:12:16 | |
funding if you think of the vaccines that we all receive beginning at birth, all the way up through high school. | 00:12:22 | |
This funding provides those services so. | 00:12:30 | |
The contract period is still July 1st of this year through June 30th of next year. The funding amount is $303,000 and $303,018, | 00:12:34 | |
which allows us to continue the program at current levels. No additional staff is requested and I recommend that the Board | 00:12:40 | |
approved this contract. | 00:12:46 | |
Questions Would you approve contract ID 7039? Second move by Commissioner James second by Mr. Buck to approve all in favor, | 00:12:54 | |
Opposed motion carries #4. Consider contract 1874. You task order contract for Tuberculosis Prevention and Control Program | 00:12:59 | |
Authorized chairs science and electronically. | 00:13:05 | |
Another contract with the Colorado Department of Public Health and Environment is for tuberculosis prevention and control, and it | 00:13:12 | |
helps offset county costs for that program. Of course, tuberculosis is historically one of the biggest killers in the history of | 00:13:19 | |
mankind, so this allows us to not only detect, but provide treatment and preventative measures for tuberculosis and Weld County | 00:13:26 | |
residents. The funding? Again $50,000. | 00:13:33 | |
Allows us to continue the program at current levels. No additional staff is requested and I recommend that the board approve this | 00:13:41 | |
contract. Questions. | 00:13:45 | |
Like commissioner saying second by Commissioner James to approve all in favor aye opposed motion carries #5. Consider contract ID | 00:13:51 | |
7062, Contract amendment number six for Public health Emergency preparedness and response to authorized Christian Smith | 00:13:56 | |
electronics. | 00:14:01 | |
One more contract with Colorado Department of Public Health and Environment for public health emergency preparedness and response. | 00:14:07 | |
This contract dates back five plus years of. This program dates back five plus years. The purpose is to. | 00:14:14 | |
Integrate public health. | 00:14:22 | |
In emergency preparedness to help. | 00:14:24 | |
Train and prepare for disease outbreaks like pandemics or bioterrorism or emergent diseases. | 00:14:27 | |
It also allows us to prepare for dispensing of vaccines or antibiotics, fast dispensing in the event that that becomes necessary. | 00:14:34 | |
And allows funding for a staff epidemiologist. Funding contract is July 1st of this year through June 30th of next year. The | 00:14:43 | |
dollar amount is $290,770, which allows us to continue the program at current levels. No additional staff as requested. | 00:14:52 | |
I recommend that the board approve this contract with CHG questions. | 00:15:01 | |
Move to Approve contract ID 7062. | 00:15:06 | |
Mr. James second by Mr. Buck to approve. All in favor. Aye, opposed motion carries. | 00:15:10 | |
Number six consider contract ID. | 00:15:16 | |
#7064 Statement of work for waste tire inspection program and authorized chair to sign. | 00:15:19 | |
Contract with the Colorado Department of Public Health and Environment. This is a small dollar amount contract for $7554.96. | 00:15:26 | |
Which reimburses our staff for a very limited amount of time and inspecting waste tire generators, essentially making sure that | 00:15:35 | |
waste tires are disposed of properly. Obviously with that low dollar amount there's not a lot of staff time spent on this, but it | 00:15:41 | |
does allow. | 00:15:46 | |
The program to continue at current levels. No new staff is requested. Contract period July 1st, 2023 through June 30th of next | 00:15:53 | |
year. | 00:15:57 | |
I recommend that the board approve this contract. | 00:16:02 | |
Question moved second. Moved by Mr. Sean, second by commissioner. Both to approve all in favor aye opposed motion carries #7. | 00:16:05 | |
Consider contract ID #7065, amendment number one to task order contract for air quality program and authorized chair science | 00:16:10 | |
middle electronics. | 00:16:16 | |
Last but not least, contract with the Colorado Department of Public Health and Environment for our Air Quality program. | 00:16:23 | |
Essentially, this allows us to operate. | 00:16:29 | |
Monitoring network to staff to conduct inspections and provide information compliance guidance with stationary sources. | 00:16:36 | |
UM issued bond permits and respond to air quality related complaints. The funding amount is $124,105.00. Again contract period | 00:16:45 | |
July 1st of this year through June 30th of next year. | 00:16:51 | |
With no additional staffing requested, we will continue this program at current level. I recommend that the Board approves the | 00:16:58 | |
contract question. | 00:17:02 | |
Move to approve Second move by Mr. Brock, Second by Mr. James to approve on favor. Opposed motion carries Thanks Jason #8. | 00:17:07 | |
Consider Contract ID number 7008, Intergovernmental Agreement for Campus Police Officer Program and authorized charter Sign AIMS | 00:17:13 | |
Community College. | 00:17:19 | |
Good morning, Board of Commissioners. For the record, Sonia Cobra for County Sheriff's Office finance manager, I'm presenting | 00:17:29 | |
unbiased contract 7008. | 00:17:33 | |
The new 2023 Ames Community Contract for Campus Law Enforcement. | 00:17:38 | |
Services to you today for approval and signature. | 00:17:43 | |
The original contract has been terminated and is being replaced by the new one. The County Attorney reviewed the IGA's legal | 00:17:47 | |
language in the past around was reviewed and signed by all 5 commissioners on the 16th of May 2023. | 00:17:56 | |
Questions. | 00:18:05 | |
Would approve contract ID 7008 second, then move by Mr. James, second by Mr. Buck to approve. All in favor opposed motion carries. | 00:18:07 | |
Thank you, son #9. Consider Contract ID 7066 Acceptance Appeal Preliminary Award decision for 2023 Edward Byrne Memorial Justice | 00:18:17 | |
Assistance Grants Program for license plate readers and authorized Sheriff's Office to sign and submit electronically for the | 00:18:25 | |
records on your program for County Sheriff Finance Manager. I'm here today to present contract 7066, the 2023 Edward Byrne | 00:18:32 | |
Memorial Justice Assistant Grant Award. | 00:18:39 | |
To you for approval, we have been awarded 49,928 dollars. | 00:18:47 | |
Which will fund 3 stationary license plate readers. | 00:18:52 | |
For our patrol investigations department, I would like to request approval to accept the funds for the Sheriff's Office and sign | 00:18:56 | |
the acceptance of preliminary award decision. | 00:19:02 | |
The Grand Award has been reviewed by the Counties Attorney and the PA was approved by 5 commissioners on the 5th of June and the | 00:19:08 | |
period runs from October of 23 through September of 30th of 2024. | 00:19:17 | |
Questions. | 00:19:27 | |
Social proof. Second move by Mr. Buck. Second by Mr. James to approve. All in favor. Aye. Opposed. Motion carries. Thank you so | 00:19:28 | |
much. Thank you so much. You have considered contract. ID 7051, Application for 2024-2025 Hazardous materials Emergency | 00:19:34 | |
Preparedness grant and authorized chairs. Sign Morning, Roy. | 00:19:40 | |
Good morning, commissioners. We're just celebrating the management office commissioners, that grant application that we have | 00:19:47 | |
before you is for hazardous materials grant. We're doing something a little bit different on this application. Typically we do an | 00:19:52 | |
annual application run from October 1st through September 30th of the following year. | 00:19:57 | |
The state is in. Umm, The money comes from the Pipeline Hazardous Materials program. It's not Homeland Security funds, so it runs | 00:20:04 | |
a little bit different. | 00:20:08 | |
The state is actually on a five year grant program. | 00:20:13 | |
And so, rather than doing an annual application every year, which the state typically does, I reached out to him to see if we | 00:20:16 | |
could do a two year grant through 25. | 00:20:19 | |
With afforded their granting for 2025 and they accepted that. So the dollar amount actually covers two years of of support to our | 00:20:23 | |
office that covers. | 00:20:28 | |
Two of the positions within our office for the hazardous materials program, training exercise program. So the the funding, the | 00:20:34 | |
funding will actually go actually helps the annual so we'll have. | 00:20:40 | |
The funding starting in October 1st. This grant will cover October 1st. | 00:20:47 | |
Umm. | 00:20:51 | |
2023 and then I'll run through the 2025 grant year also. So total total funding requested federal dollars is $414,721. | 00:20:52 | |
And our matching dollar requirement will be 103,000. | 00:21:06 | |
Umm $680.25. I wanna thank Jennifer in accounting. She helped me figure out estimated salary costs for the next two years. | 00:21:10 | |
So in a state understands that those salaries are estimated and so are the the dollar amount may change. The interesting thing | 00:21:19 | |
about this grant has been. | 00:21:23 | |
There's been leftover funds each year out of this grant that the state has been able to spend down some of its because some folks | 00:21:27 | |
are applying for it because they can't. | 00:21:32 | |
They can't afford the match dollars. | 00:21:37 | |
At the county level and so that's that's a little bit of the challenge for them. So we're able to able to apply these funds | 00:21:39 | |
towards personnel. So no, no plan to add anybody at this point but recommend the board approve the application. | 00:21:46 | |
Questions. | 00:21:55 | |
Linda proof second move by Mr. Buck second by Mr. saying to approve all in favor Aye opposed motion carries. Thank you thanks Roy | 00:21:56 | |
#11 consider settlement agreement for bridge 5413 a reconstruction project authorized chair sign Dustin and Jamie Christensen | 00:22:02 | |
chairman these are just item in the next item. | 00:22:09 | |
Relate to the same thing, which is bridge 5413 A. | 00:22:17 | |
There's a purchase of right of way and a temporary construction easement. | 00:22:21 | |
And also is the provision of damages to the. | 00:22:26 | |
Remainder of the property. In other words, we're cutting off part of their. | 00:22:30 | |
Access across northern part of their lake. | 00:22:35 | |
I'm giving them the ability to make a new driveway there if they so choose. | 00:22:38 | |
So with this settlement agreement, we've called it that. | 00:22:43 | |
Only because there was. | 00:22:48 | |
The threat of condemnation, that's just something that they wanted to do, something to take advantage of the tax consequences. | 00:22:50 | |
The second item, which is number 12, is a temporary access and construction easement. | 00:22:58 | |
Agreement that happens during construction, so. | 00:23:04 | |
There will be coordination between. | 00:23:08 | |
Christiansen's because they're going to be building. | 00:23:11 | |
During this time so that they can get access to their property, so coordination between our crews that are constructing the | 00:23:14 | |
bridge. | 00:23:18 | |
And they're people who were constructing this stuff on their property. So that's what that agreement does. It makes it so that we | 00:23:23 | |
work together. | 00:23:26 | |
And use reasonable thoughts in terms of getting their access taken care of. | 00:23:31 | |
So we'd recommend approval of the amount for the settlement agreement as. | 00:23:38 | |
$720,000 that includes everything, including the damages. | 00:23:42 | |
OK. | 00:23:48 | |
Well, any questions? | 00:23:49 | |
OK. | 00:23:50 | |
Was the first second. | 00:23:52 | |
Been moved by Commissioner Jessica, by Commissioner Buck to approve all in favor aye opposed motion carries and then #13 or number | 00:23:53 | |
sorry #12 is considered temporary access and construction easement agreement for Bridge 5413 a reconstruction project and | 00:23:59 | |
authorized chair assigned Dustin and Jamie Christensen. | 00:24:04 | |
And then hold your mail on that one, is that included in it? It's included all it's included. OK, so motion to do I have a motion | 00:24:11 | |
to approve this one Second. Second by Commissioner James to approve on favor. Aye, opposed motion carries. | 00:24:18 | |
#13 Consider contract ID 7050 concurrence letter for service area, foreign trade zone, program authorized, carry side. | 00:24:25 | |
Good morning, Cheryl Patelli Finance. Upstreet Colorado has requested that the Board of County Commissioners approved the Attached | 00:24:33 | |
Service Area concurrence letter as part of its assuming administrative oversight of the Foreign Trade Zone Program. By signing | 00:24:41 | |
this letter with the OC acknowledges that the World Trade Center will be able to apply to the Foreign Trade Zone Board. | 00:24:48 | |
For authority to service sites located within Weld County and that the zone will be made available on a uniform basis. | 00:24:56 | |
To companies within Weld County. | 00:25:05 | |
This request was approved by all 5 County commissioners via a May 30th, 2023 pass around and we recommend your approval. | 00:25:07 | |
OK. | 00:25:16 | |
Questions. | 00:25:17 | |
Just a quick comment, so the way this is described here as you probably have gotten letters, make sure that we have manufacturing | 00:25:18 | |
here in Colorado that they're not being double taxed, which is certainly the case in some of these sounds now. | 00:25:24 | |
So with that I I moved out first. | 00:25:30 | |
Second, moved by Commissioner Singh, second by Commissioner Buck to approve all in favor aye opposed Motion carries. Concludes new | 00:25:34 | |
business with planning. Number one, consider applications for small Business Incentive Program. Authorized release of Economic | 00:25:40 | |
Development Trust Funds Tier 3 International Farms LLC. Rd. Trucking, Inc. | 00:25:46 | |
OK. Good morning, commissioners. Tom Parker, Department of Planning Services. | 00:25:54 | |
I'm pleased to bring forth another Small Business Incentive Program application for your consideration. This is for International | 00:25:57 | |
Farms, LLC. This business is located just West of Rottenberg on County Road 6. It was successful in going through the changes zone | 00:26:04 | |
process and a site plan review process. | 00:26:10 | |
What's interesting about this particular application is the first one that to fall under tier three of our program. As you all | 00:26:17 | |
know, we have those 3 tiers and and so this met all the eligibility requirements for Tier 3. | 00:26:24 | |
I went through all the application. | 00:26:31 | |
They doubted all their eyes crossed their Tees. | 00:26:34 | |
It meets everything, according to the Small Business Development Center as well. The award amount here is in a total of $40,000. | 00:26:36 | |
I would recommend your approval and I'd be happy to answer any questions. | 00:26:45 | |
Questions second. | 00:26:50 | |
Like Commissioner Shane, second by Commissioner Buck to approve all in favor. Aye, opposed motion carries. | 00:26:53 | |
Thanks, Tom. It's good to see those continue to happen. Absolutely. Several more in the queue. OK #2 consider decision, the | 00:26:59 | |
Department of Planning Services Director assessing Rd. impact fees associated with building permits, CNN22-0131, Stephen Wells. | 00:27:07 | |
OK, commissioners. Tom Parker, Department of Planning Services. So the resolution before you this morning. | 00:27:16 | |
This will consideration of an appeal of Rd. impact fees associated with the Crow Creek Event Center. This Event Center is located | 00:27:23 | |
east of Hwy. 392 and north of County Road 74. | 00:27:28 | |
The Crow Creek Event Center was approved under US R22. | 00:27:35 | |
Our Dash 0035 on April 19th, 2023 and the structure associated with this Event Center. | 00:27:39 | |
Is with building permit number CMN 22. | 00:27:47 | |
Dash 0131. | 00:27:51 | |
Department of Planning Services are responsible for collecting impact fees on all new construction. | 00:27:53 | |
And those fees are established under chapter five of the Weld County Code. | 00:27:58 | |
On May 17th, the owners, Representative Hannah Dutro, with that professional, submitted a letter of appeal to my attention, which | 00:28:03 | |
is authorized under Chapter 20, Section 20-1-60H, as summarized in my memo to the Commissioners, the only grounds for an appeal. | 00:28:11 | |
To the directors and appeal of the land use type used to calculate the road impact fee. | 00:28:20 | |
There are a total of 10 land use categories. The land use category used for this Event Center was shopping center slash | 00:28:26 | |
commercial. Obviously this is not a shopping center, but it is commercial in nature. | 00:28:33 | |
And going through and reviewing the USSR application materials on file. | 00:28:41 | |
Definitely is commercial in nature. | 00:28:47 | |
I I do understand that, you know, this Event Center is used by a lot of charities and nonprofits. | 00:28:51 | |
Uh, but like I said before, the applications also states that, you know, this facility could be open for wedding events and | 00:28:58 | |
private parties of the like. | 00:29:03 | |
In 2021, the impact fee schedule in chapter five was updated following a study prepared by Duncan and Associates. During this | 00:29:08 | |
update, staff added Event Center within the definition of shopping center slash commercial. | 00:29:15 | |
We added this because we have approved several. | 00:29:23 | |
Event centers like Crow Creek over the last several years. | 00:29:26 | |
Examples of similar event centers include USR 150028. | 00:29:29 | |
USSR 190033. | 00:29:34 | |
And you SR20-0035 staff has been consistent in applying the shopping center commercial land use category on all event centers. | 00:29:37 | |
Following my review of the fees, I upheld the departments assessment and determined that the correct land use category was used to | 00:29:47 | |
calculate the road impact fee for the Crow Creek Event Center. | 00:29:52 | |
On May 26, Miss Dutro appealed my decision to the Board of County Commissioners. Under Chapter 2, Section 2-4-10. The Board of | 00:29:58 | |
County Commissioners have two options available to you under the code. | 00:30:05 | |
Option number one is to uphold my decision, in which case the fee shall be paid in the concordance with the land use category used | 00:30:13 | |
to calculate the fees for this facility. Or option #2. The applicant can apply for an independent fee calculation study as | 00:30:19 | |
described under section 20-1-80. | 00:30:26 | |
The intent of the independent fee analysis is to determine appropriate impact fees for land uses that are not typically or not | 00:30:33 | |
typical of the generalized land uses listed in the impact fee schedule. | 00:30:39 | |
It shall not be a grounds for an independent fee analysis that the initial occupant of the development will not generate as much | 00:30:46 | |
impact. | 00:30:50 | |
As is assumed by the fee schedules, but that unique and permanent features are the development result in lower impacts over the | 00:30:55 | |
long term. | 00:30:59 | |
I I do have one correction to the to the resolution which clipped to the board was very quick to go ahead and change. But we are | 00:31:06 | |
really just kind of a focusing on the road impact fee this morning I believe the resolution had originally stated an amount of. | 00:31:15 | |
30 some $1000 but the actual Rd. impact fee is $25,992. | 00:31:25 | |
This really concludes my remarks and I'm happy to answer any questions. | 00:31:33 | |
That's true. | 00:31:39 | |
As the Commissioner, ordinary discussion very briefly about this. | 00:31:41 | |
Hello. | 00:31:47 | |
Probably be that. | 00:31:49 | |
Put on that public comment and. | 00:31:50 | |
How much? | 00:31:52 | |
I think we do. | 00:31:54 | |
You should. | 00:31:56 | |
OK, so let me hold my comments after public comment then I'm going to certainly make a motion to modify this. | 00:31:57 | |
And approve the appeal for several reasons, and I'll give those after the public comment. | 00:32:05 | |
Hmm. | 00:32:10 | |
You should hear from the intelligent need to hear from the applicant, right, Tim, Come on up. | 00:32:11 | |
Good morning, commissioners. Tim Taylor with our Professionals, 3050 67th Ave. I'm representing Mr. Wells. | 00:32:21 | |
In my request to ask the board to. | 00:32:27 | |
Review the determination of the planning Director on the road impact fee. | 00:32:31 | |
Land use category. | 00:32:37 | |
Well, we certainly agree with Mr. Parco that the land use category states in the Definition Event Center. | 00:32:39 | |
We believe that this, these, these categories are. | 00:32:47 | |
Very broad and. | 00:32:51 | |
Throw everything into it and and. | 00:32:52 | |
We believe that the, uh, the land use of this, since it is, it's a rural facility, it's a rule Event Center, it's for wedding, | 00:32:56 | |
it's a wedding venue, they'll they'll have hayrides, similar stuff to that. | 00:33:04 | |
Um, we believe that it, it fits more into the commercial ad category, which includes Agra Entertainment. | 00:33:12 | |
I don't know that. | 00:33:19 | |
How many people have driven by these corn mazes during October? And there's a. | 00:33:21 | |
Significant load impact. You know there's there's cars lined up all day from 10:00 in the morning till 10 at night. This this | 00:33:28 | |
Event Center allows 200 people. | 00:33:33 | |
So it's. | 00:33:38 | |
It's a small. It's a small facility. | 00:33:40 | |
And it and it accesses directly onto Hwy. 392. So the travel route for this facility would be Hwy. 85 to Lucerne. | 00:33:43 | |
392 to the Event Center. There's really very little impact. | 00:33:53 | |
To the roads of 1 county because of the location of this facility. | 00:33:57 | |
We believe that that the the road impact fee. | 00:34:04 | |
For the. | 00:34:08 | |
Egg, commercial or commercial agriculture fits that fits that category. | 00:34:10 | |
It it certainly isn't a. | 00:34:15 | |
Budweiser Event Center It isn't a a Union Colony Event Center. It isn't an island Grove. It's a small facility. Again, nature. | 00:34:18 | |
And certainly fits the the commercial lag. | 00:34:29 | |
Description. | 00:34:33 | |
Um, it just happens to be called an Event Center. So we understood Mr. Parker's decision. It's in the definition we see that. | 00:34:34 | |
But we don't believe that that category. | 00:34:45 | |
Is. | 00:34:49 | |
It's it's. It's got too many things thrown into it that don't fit, so we'd request that if it just be. | 00:34:51 | |
Um, adjusted to the to the AG commercial. | 00:34:58 | |
Land use. | 00:35:04 | |
OK. And we have one other thing I'd also ask that. | 00:35:05 | |
Part of the fee impact fees associated with the building permit be categorized as that. | 00:35:09 | |
Because there there are multiple. | 00:35:16 | |
Alright, what's it called? Tom? It's family. It's the What's the other thing? | 00:35:18 | |
The other. | 00:35:23 | |
Category the other land use, there's a there's an impact fee that's the capital facilities, facilities impact fee. | 00:35:25 | |
So it it it follows the same categories as the road impact fees. | 00:35:33 | |
So. | 00:35:38 | |
We'd like it to. | 00:35:39 | |
Encompass all of that. | 00:35:41 | |
And for assessing a road impact fee then let's truly take some sort of definition or or assessment of what the impact on the road | 00:36:13 | |
might actually be. And you and I had this conversation on on Friday and we can I think with a simple traffic study and and I'm not | 00:36:19 | |
necessarily proposing that for for this particular instance. | 00:36:25 | |
But for instances in the future we can we can truly get an accurate assessment of what the impact to the roadway will will be. | 00:36:31 | |
Yeah. | 00:36:39 | |
Yes, Sir. And to answer your question, I think that is the purpose behind the independent fee study analysis. | 00:36:40 | |
Is to actually get a transportation planner or traffic engineer to go through and really determine what those true impacts are. | 00:36:49 | |
And if it if it is true that there's not going to be a lot of impacts that are generated from this facility, then as the code | 00:36:55 | |
states, then we can go through and review that and that might actually lower the fee. | 00:37:02 | |
We've done a couple of independent fee calculation studies in the past, so I I just wanted to point that out. That's probably the | 00:37:09 | |
proper process to go through instead of trying to determine the best category here. | 00:37:16 | |
But certainly. | 00:37:25 | |
Yeah, it's the Board's purview here. Thank you. Continue on that. Mister Nabors is proposing a certain classification and then I | 00:37:27 | |
appreciate the request. I don't feel that, but I appreciate the request. I I with this option #2 that I see before us here to | 00:37:34 | |
overturn the director's decision or can direct the applicant to apply for an independent fee calculation study. | 00:37:41 | |
According to the procedures outlined in their code. | 00:37:49 | |
All of our code, that's good. That independent tree calculation study then does that become the arbiter of the actual fee | 00:37:52 | |
assessed? | 00:37:55 | |
That becomes the determinant, yes. So staff will then review that study and then base the fee on on the actual impacts. What that | 00:38:00 | |
fee would be, it's hard to tell until that studies done and it could be it could be the same amount here or it could be | 00:38:08 | |
substantially less than that. And then of course there's also another process in the code that if staff for some reason came to an | 00:38:15 | |
impasse or or or the applicant disagreed with staff. | 00:38:23 | |
Running through that particular study, that can also be appealed back to the Board of County Commissioners. | 00:38:30 | |
OK. So I have two questions. I'm done. Thanks. First one is, So what is something, what is something, what is something like that | 00:38:37 | |
study? What does that cost? | 00:38:41 | |
Well, there's a nominal application fee, but whatever the cost is, is to prepare that. Again, it could be a transportation planner | 00:38:45 | |
or a traffic engineer to do that study. So there is some cost. I'll be completely honest with you, but. | 00:38:52 | |
That I can. I can answer that question. It's anywhere from. | 00:39:00 | |
2000 to $5000. | 00:39:04 | |
OK. | 00:39:07 | |
And then the second question I've got and I've always been a little bit confused about about this. | 00:39:08 | |
I struggle with the fact that there were Basin Rd. impact fees based on a kind of building or a size of a building and not what | 00:39:16 | |
the actual impact of the roads are. I've always struggled with that. But the second part of that is where does World Counties | 00:39:22 | |
really I struggle with where is well counties really impact fees if the access is on a state highway that's that's the other thing | 00:39:28 | |
that I that I'm just not quite sure I understand it's. | 00:39:33 | |
It's not. It's not. It's not an impact. It's not a access that's off of a County Road, it's off of a state highway. So what is | 00:39:39 | |
Weld County's impact in this? | 00:39:43 | |
I think, Commissioner, answer your first question again when we went through with the Duncan Associates study that was recently | 00:39:48 | |
updated. | 00:39:52 | |
On around 2021, I know we've had some conversations around that, but our responsibility is to follow exactly the feed schedule | 00:39:56 | |
that's that's in the code right now. And so as it's written, it's based off square footage that fee is. So yes, the bigger the | 00:40:04 | |
building, the bigger the fee when it, it depends on which land use category there is there. So it doesn't say if you're generating | 00:40:12 | |
200 trips, the fee shall be this or through generating 10 trips the fee shall be this. | 00:40:19 | |
You know, I'm definitely, as we're going through the budget process heading into next year, we could look at fees and those types | 00:40:27 | |
of things. | 00:40:31 | |
But the second part of your question too, does this really come out on a County Road? No, it's well north of County Road 74 and | 00:40:36 | |
off of the state highway. But again you know when we're assessing these fees, it doesn't say in there if you're accessing a state | 00:40:44 | |
highway there should be no Rd. impact fee applied, just says Rd. impact fees are are. | 00:40:52 | |
Assessed on all new construction so and so and Tom, you and I have had this conversation a number of times over the years. I could | 00:41:00 | |
have a huge game building that doesn't generate any traffic and I could have a really small building that has a whole lot of | 00:41:08 | |
people coming in and out all the time. And so I struggle with, I struggle with the size of the building determining the road | 00:41:15 | |
impact fee. I just always have because it seems to me we ought to be based on a road impact fee somehow based on what the actual. | 00:41:23 | |
And actually it'll be the road because I mean I could have a I could have a 200,000 square foot building, but. | 00:41:30 | |
Pretty much as as. | 00:41:37 | |
Two trips of a going in and out of that thing versus versus a you know. | 00:41:39 | |
A very small for example pot shop for example, that's gotten 9000 people a day coming in so they get back fees are not should not | 00:41:44 | |
be based on the size of the building, they should be based on the road impact. But interesting comparison there Mr. Frank. | 00:41:51 | |
So. | 00:42:00 | |
Gently the last couple of years. That's what the Duncan study said, that just now Commission will vote against the increased | 00:42:01 | |
impact fees. | 00:42:04 | |
For that exact reason. So I'm glad we're paying attention now as far as actual impact on them, that's exactly. | 00:42:07 | |
What we should be doing and there's ways to do that directly. | 00:42:14 | |
Without voting techniques. So I I think a fee in this instance is really just a chance on business. | 00:42:17 | |
So I not only do I think we should lower it for everyone. | 00:42:23 | |
Based on the actual impact of the roads, maybe we should get rid of it altogether and address it in a different way, but in this | 00:42:27 | |
instance I. | 00:42:31 | |
I think you're right. | 00:42:36 | |
I'm not saying, I'm not saying that we shouldn't have impact fees. I'm saying that that it should be based on the on the impact | 00:42:38 | |
that this facility was having, you know, was having tons and tons of traffic every day. Yeah, we ought to be charging it based on | 00:42:44 | |
based on the Internet right now. It's not done that way and it goes into communicable which is wrong. | 00:42:50 | |
Nothing. So I went I'll move to approve this as far as modifying and to approve this appeal for this particular. | 00:42:58 | |
Charity of isn't it? It's still could impact the world That's so. In other words what's your what's your degree is to appeal to go | 00:43:39 | |
to do the independent fee study. | 00:43:42 | |
Because that was our two options. I think we just approve it. I'm gonna make a motion to approve it. | 00:43:47 | |
Well, I'm not sure what you what you want this appeal is either to deny the appeal or approve the appeal and go to an independent | 00:43:52 | |
fee study. That's that's two options, correct? | 00:43:57 | |
It is their proof. | 00:44:03 | |
You know it's modified in this the modified the decision the Director of Planning department. | 00:44:06 | |
Um, and to approve the appeal to go to the study. Is that correct? Is that the only two options? That's correct, ma'am. That's the | 00:44:11 | |
motion. Can I ask a question? | 00:44:16 | |
So. | 00:44:21 | |
I the way I read this is that uh that that you have the. | 00:44:25 | |
The appeal of the land use category is what we're appealing. | 00:44:29 | |
Because. | 00:44:35 | |
It seems like we're. | 00:44:38 | |
We could have gone directly to the. We could have gone directly to the. | 00:44:41 | |
To the. | 00:44:47 | |
Road impact fee independent fee calculation. | 00:44:48 | |
Without having to come to the board to ask for that, I feel like we should have been able to say hey. | 00:44:52 | |
We don't agree with the land use that Mister Parker. Parker was determined. We're asking for this and the board said yes, we agree | 00:44:58 | |
with that land use and not. | 00:45:03 | |
Have to go through. | 00:45:09 | |
The independent fee calculation, but the other thing with independent fee calculations, with having to appeal to the board is | 00:45:11 | |
that. | 00:45:14 | |
The building permits been available for six weeks now. | 00:45:20 | |
We go in and do another month of in in you know for an independent fee study scheduled with the board scheduled with you know for | 00:45:24 | |
three months out on a building permit. | 00:45:28 | |
That you know not only is, you know. | 00:45:33 | |
It costs money to do that, but but the time that we're not able to actually get a building permit. | 00:45:38 | |
Is because we're appealing the fee. The way I read it is that we have the that the commissioners have the ability to. | 00:45:44 | |
Change the land use category so it doesn't have to go to. I'm looking to the accounting attorney. So if it specifically says that | 00:45:53 | |
our code and Event Center goes in this category, is that something that is appealable? | 00:45:58 | |
I guess it would be. | 00:46:04 | |
I think it is OK. Thank you. You have the ability to appeal. | 00:46:05 | |
The category that it goes into. OK, that makes more sense to me then. | 00:46:10 | |
Hey, you know the. | 00:46:15 | |
I mean here issue which is. | 00:46:17 | |
You should base the fee on what the. | 00:46:20 | |
Actual impacts are. | 00:46:22 | |
That. | 00:46:25 | |
Is something that could be done for everyone. | 00:46:27 | |
But they're gonna have to come up with an independent. | 00:46:29 | |
Study to show what the impacts really are so you're costing everyone. | 00:46:33 | |
That that amount. | 00:46:38 | |
I mean the the fees are based on a national study. | 00:46:41 | |
That works out these types of uses and the general. | 00:46:45 | |
And so that it's not specific as to. | 00:46:50 | |
Exactly what it is that this. | 00:46:54 | |
Use. Is going to be generating the type of. | 00:46:56 | |
Activity. | 00:46:59 | |
Well and and and here's what I I'm just gonna be honest here. Here's where I struggle with this. So we've got an Event Center that | 00:47:02 | |
maybe does an event every other weekend or whatever put in the same thing as a as a shopping center that people go in out of all | 00:47:08 | |
day every day. So the the use doesn't seem like we've counted in the light use. It does seem like it's more of an ad commercial | 00:47:14 | |
type of use to me. | 00:47:21 | |
I think the fault of, excuse me, I think the fault of us, says Aggro and the client. | 00:47:27 | |
And when we did the USSR, we named the thing the wrong thing. | 00:47:34 | |
We named it an Event Center. We didn't named it. | 00:47:38 | |
I don't know a hayride facility. | 00:47:42 | |
We will have gotten into the Event Center. It wouldn't have been that. We called it the Wells Crow Creek Event Center. | 00:47:46 | |
We named it something, but that's not the reality of. | 00:47:52 | |
What it is? | 00:47:56 | |
Well, and I'm. I feel like we're in a conundrum. Neither one of these choices is. | 00:47:58 | |
I'm sure we can do something now. I I don't know if we can do something now. The options are you? No. Bruce just said that they | 00:48:04 | |
could appeal the type of land use, which is what they're actually appealing. Is that what we're doing? But that's not what the | 00:48:10 | |
resolution is. The resolution is not written that we just go ahead and make another motion. We can have the clerk type. | 00:48:15 | |
Motion yet. So I'll, I'll go until my motion. I will resend my motion and I'll make a new motion that we actually follow through | 00:48:22 | |
with, with a new resolution that can be probably typed up right now that we change the use. | 00:48:29 | |
Uh, since that's what the applicant clearly wants to heal, is he wants to change her from Event Center to a commercial. | 00:48:37 | |
Can somebody send that one? We'll have it written up. | 00:48:44 | |
Line. | 00:48:49 | |
I don't know if we could do that with you once you set it up so we can have yeah. I'll second it so we can discuss. OK I I because | 00:48:51 | |
I I don't agree with you. I don't disagree rather with the intent. I agree with the intent. I just want to make sure that we are | 00:48:55 | |
locked up and doing what's within our. | 00:49:00 | |
Within what we can do? | 00:49:06 | |
There they are. I think you can. I mean the problem is. | 00:49:08 | |
You're making a category that. What about the next one and the next one after that? I mean everyone of them. | 00:49:11 | |
Is. | 00:49:19 | |
Has some differences. | 00:49:20 | |
And so you know the typically with categories like that you're doing it in a legislative sense. | 00:49:22 | |
And saying, yeah, is this a best category? Is this the best category for that type of use? | 00:49:29 | |
I mean, that's the problem with saying it's an appeal of the category. | 00:49:36 | |
Because. | 00:49:43 | |
It sets a precedent for the next one. So I feel like we're at a command room because I think the resolution doesn't apply to the | 00:49:44 | |
issue that. | 00:49:47 | |
We're trying to struggle with the decision, so. | 00:49:51 | |
I don't know if we can continue until Wednesday to have a correct resolution to. | 00:49:54 | |
You know, we could amend the resolution that we want just because it's written that way. You can change, you could amend the | 00:49:59 | |
resolution. OK. So my, I guess my other question, Tom is for example, these AG entertainment type things whether it's. | 00:50:05 | |
You know, whether it's whether it's the the one, the pumpkin, you know, the pump, the different part of those are those | 00:50:11 | |
categorized as egg. | 00:50:15 | |
Commercial. Now I believe the way that we've assessed event centers is under the shopping center, no, I'm talking, I'm talking | 00:50:20 | |
like, I'm talking Clippers like Critters is a little different like. | 00:50:25 | |
You know Anderson Farms, Miller Farms of 19, I mean those all have use by special review permits as well, but like a corn maze and | 00:50:32 | |
stuff, again, we're just talking about the building itself, so not not necessarily the use so. | 00:50:38 | |
So agree, tainment might be a good use, but again, the impact fees just applied to the buildings themselves. | 00:50:46 | |
Now, so you could have you could have something like. You could have something like Chryslers. | 00:50:52 | |
Right, That's got a ton of people. | 00:50:58 | |
And doesn't even have a building exactly. There would be no room in that case. We might do like an improvements agreement, Rd. | 00:51:00 | |
maintenance agreement, those types of things that are usually associated with those to help address traffic concerns there. But | 00:51:07 | |
yes, I mean you could you could have a big facility and or a big use and not have very many structures or any structures at all. | 00:51:15 | |
I have the definition of agricultural commercial if that would help. It's it means for the purpose of this chapter agricultural | 00:51:23 | |
processing facilities for producer, livestock intensive factory style production of animals and animal products commercial use is | 00:51:28 | |
serving. | 00:51:33 | |
The agricultural sector. | 00:51:39 | |
But does not include Office uses. | 00:51:41 | |
Typical uses include feedlots, dairies, factory farms, sales of agricultural equipment and supplies. | 00:51:43 | |
Commercial agricultural storage facilities, Agra entertainment facilities IE roping arenas, corn mazes and etcetera and similar | 00:51:49 | |
uses. | 00:51:54 | |
We feel like we fit in that aggro tainment facilities, roping arenas, corn mazes and similar uses. | 00:51:59 | |
And I'll just say something for sure. Other people. Other folks. | 00:52:12 | |
Applying for this, they can appeal or they can come through the ad commercial process. So we wouldn't be creating a new process | 00:52:16 | |
for understand what the attorney just said for just one person. | 00:52:21 | |
I'm struggling with that's the right category either though. But I mean the very last thing you said 90% of that definition didn't | 00:52:26 | |
have anything to do with it. No, with the aggregate, the aggregate entertainment facilities, roping arenas, corn mazes. | 00:52:33 | |
You know that's those are events. Those are events I. | 00:52:40 | |
They are, they are but but that but those kind of events. So now we're talking like double check phones out there or the double | 00:52:43 | |
check arena, right, but. | 00:52:48 | |
And those have considerably more Rd. impact. They do, but then but they're not. They're not a wedding face. I mean, there's a | 00:52:54 | |
difference between actually ad stuff and versus the Event Center that's doing, that's doing weddings and and and whatever other. | 00:53:02 | |
Wagon rides, which is part of their. | 00:53:12 | |
Part of their. | 00:53:16 | |
Thing is, they have, they have horse, horse rides and. | 00:53:17 | |
Hmm. | 00:53:21 | |
Wagon rides for for people. That's what they've been doing. That's what they started with. | 00:53:22 | |
Allow me to ask questions here, period. I'm sorry, Commissioner Bucks. | 00:53:28 | |
Question. Could we continue this and consider? | 00:53:34 | |
What is an AG commercial facility? Because again, I think we can all agree that the Duncan study is very flawed. | 00:53:37 | |
And I think we should revisit it and do something better. | 00:53:43 | |
I feel like we're moving on the fly. I I feel uncomfortable with. | 00:53:47 | |
Trying to figure this out when I think we need to. | 00:53:51 | |
Just continue until Wednesday. Well, here's here's what I Here's what I know. | 00:53:54 | |
Pretty sure that I know and that is. | 00:54:00 | |
Will impact the $25,000 on something like this is completely, that's just that's how it works. So I don't know how we fix it. I | 00:54:04 | |
don't know how we get there without setting some kind of a precedent that impact future things. But that certainly isn't going to | 00:54:09 | |
be based on the use of that of that facility. | 00:54:15 | |
Mr. Chair, I think when you said too, it's off of a. | 00:54:23 | |
US Hwy. 392, it's not a County Road. So I'm again, like I said, I feel like we're trying to make a decision and we're in a comp | 00:54:27 | |
quandary and I think we need to just continue it until Wednesday. | 00:54:33 | |
What do we expect to get between now and Wednesday? A definition of where we're at and apply. I think we need at least a week | 00:54:39 | |
because right now we're what we're asking if we. | 00:54:44 | |
Based on this resolution, the only thing to be a lot of time my three months to get traffic engineering, but that's very | 00:54:49 | |
expensive. I think there's a way we can do this without stocking an independent study to everyone to get a professional | 00:54:54 | |
transportation. I mean, like I said, this second study has been flawed from the beginning. There's a difference between. | 00:55:00 | |
Doing this legislatively. | 00:55:06 | |
And looking at it legislatively and then doing on a piece meal basis, on every appeal that comes through you're going to change | 00:55:09 | |
the code. You need to change the code you do and if it's wrong, OK, we'll fix it right. But we need to do that legislatively. You | 00:55:14 | |
can't do this by. | 00:55:20 | |
Continuing in a week and then determining what this appeal should be. OK, So I mean, I I think The thing is. | 00:55:25 | |
Tim is asking and saying that the building is being put in the wrong category and I I get that. I mean, I I understand his appeal | 00:55:34 | |
and I think it's a good appeal pursuant to the code. | 00:55:42 | |
Now the question is, is it in fact in the wrong category? | 00:55:50 | |
And and maybe it is, maybe it isn't. I don't know. And I I think what Tom is saying is. | 00:55:55 | |
But their way to do it to make it more specific as to. | 00:56:01 | |
What actually is going to happen there is to do an independent fee calculation and that's the reason why we put that in there is | 00:56:05 | |
for someone to say, hey, that doesn't apply to me because I go out on the state highway and I. | 00:56:11 | |
Do these other things. | 00:56:18 | |
I mean, can I ask the applicant, shall we have some? If we don't do this today, we need some time. If we want to change the code | 00:56:21 | |
to accurately reflect what is AG commercial, that's going to take at least what Tom six weeks. | 00:56:28 | |
Six months? What? No, you gotta have three reading process on the thing, right? But that's that's right. Take six months. Yeah. | 00:56:36 | |
And we've done it pretty fast before. You would need to redo the the study because the study creates the Nexus between the fee | 00:56:44 | |
that's being charged. | 00:56:50 | |
And the use. OK so. | 00:56:55 | |
Hmm. | 00:57:01 | |
So back to the Afghan. I'm sorry, what's the fastest? We've got a code change through that. We've we've done this pretty quickly. | 00:57:02 | |
The commissioner saying you heard what Bruce said, you've got to redo the study. They're asking for a change of use so we can do | 00:57:09 | |
that within our code now. | 00:57:13 | |
But I don't want to. Asking for is to say he's saying unappealing the category that you're putting it into, right? | 00:57:18 | |
And so you can make that determination. You could say, yeah, it should be in this category rather than in that category, mean that | 00:57:26 | |
I think is a valid appeal. | 00:57:31 | |
And and I'm just saying once you do that. | 00:57:38 | |
Similarly situated. | 00:57:42 | |
Event Center centers will come in and say the same thing. Then I do. I renew the motion. I think I made the motion. Alright, let's | 00:57:44 | |
do that. Other people have a chance to appeal. | 00:57:49 | |
Right. They can appeal the decision. Why don't we just do that as it's in our code now and change this use to add commercial. So | 00:57:54 | |
I'll renew the motion something will second it. | 00:57:58 | |
And you already seconded that already second, so I withdraw my second will you regard with helping you. | 00:58:04 | |
OK. | 00:58:11 | |
That we're granting. | 00:58:12 | |
Mr. Nader's appeal. | 00:58:13 | |
To act commercial. | 00:58:16 | |
Changes. | 00:58:17 | |
To change the category housing, I'll second while I share the county attorneys. | 00:58:19 | |
We got a specific instance which I am, I am sympathetic to and I we got a broader consequence which I'm concerned with. But for | 00:58:26 | |
that case I will second the motion. OK. So I'm just going to make one comment on this. So if you if you're looking at something | 00:58:31 | |
like this, right? | 00:58:36 | |
To me, and commercial is the more correct place for the category than the shopping center. It just is, yes. So I'm going to | 00:58:42 | |
support the motion. | 00:58:46 | |
OK. | 00:58:51 | |
Any other comments? | 00:58:53 | |
Do we need a little cold vote? | 00:58:57 | |
OK. All in favor of. | 00:59:00 | |
The appeal to change the category from. | 00:59:02 | |
Shopping center too much commercial to agricultural, commercial and commercial. | 00:59:07 | |
OK. All in favor. Aye. Opposed motion carries. Quick question. That being said, I do think that we ought to. Tom, I'm gonna have | 00:59:13 | |
one more on your plate besides the besides the solar one. You need to take a look at the at the code. Not that we shouldn't charge | 00:59:21 | |
fees. Not that we should. We just need to I think and we've had this conversation numerous times. We just need to be we need to be | 00:59:28 | |
charging people for what the actual impact is. We need to be covering costs here instead of just. | 00:59:35 | |
I don't know. So size of the building I struggle with and we made these changes back a few years ago when with the whole oil and | 00:59:43 | |
gas on the way, we were doing that and just based on what our role in that was. And so I just think we need to take a look at it | 00:59:50 | |
some point and just just because we're directing our staff, I also think it should not go into communal fund which is basically it | 00:59:57 | |
should be like an invoice if they pay something there should be a direct benefit to that vote or whatever they're on. | 01:00:03 | |
It should not go into a large fund that it gets distributed to wherever it's it's not right the way this is. | 01:00:10 | |
Or on the back end, That's a different conversation. | 01:00:17 | |
Conversation, Sir, if we're going to be looking at the Duncan study. Thank you, Mr. Chair. Just. | 01:00:21 | |
My concern of our Lawrence, I, I think that the intent of the board is clear, but I want to make sure with the the clerk to the | 01:00:25 | |
board because basically we're asking you to spitball a new resolution. | 01:00:30 | |
That we will appropriately have to. | 01:00:35 | |
To to prove I can't, Tom and I will work on it together and then we'll have that so that it's on the consent agenda, on the | 01:00:38 | |
consent agenda next. | 01:00:43 | |
Was today's Monday through Wednesday? Thank you. OK. | 01:00:48 | |
Well, Commissioners, thank you. Thanks for your able to make it work. I want to thank Mr. Parko for for. | 01:00:53 | |
Processing our request and and the board for for approving it. Thank you very much. | 01:01:00 | |
Alright, that concludes planning public comment. | 01:01:05 | |
During public comment this morning. | 01:01:09 | |
Come on up. | 01:01:13 | |
Good morning. My name is Steve Keats, I. | 01:01:31 | |
First of all, I don't remember if I mentioned this last time I was here, but we we have a free bus conference in the state from | 01:01:38 | |
June 1st to August 31st. | 01:01:44 | |
And the buses are free. | 01:01:51 | |
Also, I liked it. | 01:01:54 | |
Say something else. Last week there was a meeting that I was surprised at. I had a meeting at the Ridgeway and but I was there | 01:01:58 | |
early, so I went through the grieving Tribune and there was some information that there was going to be meaningful and the state. | 01:02:07 | |
Some state representatives were gonna be there and and so I stayed at the library because it started around 5530 and about 7730 | 01:02:16 | |
and they did a presentation and then we broke up in groups and there was three groups, trans, transportation, oil and gas and | 01:02:24 | |
health. | 01:02:32 | |
And I forgot the other group. | 01:02:40 | |
And and guess what group I went into? | 01:02:42 | |
Trying to get now. | 01:02:48 | |
Yeah. | 01:02:49 | |
Situation You're right, but anyway. | 01:02:52 | |
And the biggest group was transportation, right? More people and we have about 2530 people there and. | 01:02:56 | |
But the largest we've broken groups was transportation and it was very interesting too that I've been saying that others they say | 01:03:06 | |
why we need to get around. | 01:03:13 | |
Better and all that. And we need better public transportation if it's. | 01:03:21 | |
In Greeley Evans area but also there's mentioned too about having a regional so we get people going out because of the growth and | 01:03:27 | |
because the growth of Weld County Lamar County and. | 01:03:35 | |
That we could have a regional up here like you know, RTD, RTA, whatever big that'd be able to get around for work, for medical, | 01:03:43 | |
for events and things like that, so. | 01:03:51 | |
That's not a kind of and they say they're going to have another meeting sometime late summer and hopefully they'll let people know | 01:04:00 | |
this time. And I did recommend that they invite the city of Greeley, Evans and the county Commissioners of World. So hopefully you | 01:04:08 | |
will give it that they will know when they're going to have it and invite you guys. | 01:04:16 | |
Ohh also we got a present after the presentation of the meeting. They gave us a gift card to. Was very nice of him. | 01:04:27 | |
So I'm going to the next one up to. | 01:04:37 | |
I agree that we need to work on a regional system now because of the growth in world environment, county and people need to get | 01:04:41 | |
back and forth as well as. | 01:04:47 | |
The. | 01:04:53 | |
With military veterans for the medical healing. | 01:04:55 | |
OK. Or even out for further, UH, we don't have a VA clinic here and it's all in Loveland and try to talk to VA Well, that's like | 01:05:00 | |
talking to the federal government, but we won't get into that. And my last one is? | 01:05:09 | |
That we're talking about. | 01:05:19 | |
Yeah, earlier. | 01:05:24 | |
Whatever they were doing and in this week, there's a long enforcement tomorrow and VA Veterans Memorial and the Green City | 01:05:28 | |
government they. | 01:05:34 | |
When they were putting the sprinkler system, they're putting different kind of grass. They have corrected some of that, but. | 01:05:43 | |
In front, uh, between the sidewalk and the curb. There's still that ugly looking grass that they have and I told him about it, but | 01:05:52 | |
it's still, it's in front of in front of the. | 01:05:59 | |
Veterans Memorial as well as the Law Enforcement Memorial, and it still kind of looks ugly even though you got the regular grass | 01:06:07 | |
on the other side of the sidewalk. But on this side between the road and the sidewalk, it's still. | 01:06:13 | |
Looks kind of bad and I was wondering if you guys could recommend that they put the best grass that's the city agreement issues, | 01:06:20 | |
but you have that memorial there for law enforcement. And I just think that we all places you would make it look good, but I just | 01:06:28 | |
thought I'd bring that up too. Thank you. Any other public comment? | 01:06:36 | |
OK. Seeing none, we will adjourn and we do have a public hearing, so we'll give you time to. | 01:06:45 | |
Restart the computer and we'll do that quick. | 01:06:52 |