County Commissioner Regular Meeting
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Transcript
| The flag of the United States of America and general Republic, for which it stands, one nation under God, indivisible, with | 00:07:32 | |
| liberty and justice for all. | 00:07:37 | |
| Good morning, everybody and welcome to today's regulatory schedule. The county Commissioners meeting today is Monday, February | 00:07:49 | |
| 5th, 9:00 AM Roll call, please. | 00:07:53 | |
| Mike Freeman, Scott James, What are you saying? Perry Buck, Kevin Ross? Let the record reflect 5 out of five commissioners are | 00:07:57 | |
| present today. Minutes Approval of Minutes, January 22nd, 2024. | 00:08:04 | |
| Second motion by Commissioner, second by Commissioner James for approval of the Minutes. Any further discussion? | 00:08:12 | |
| None. All those in favor signify by saying aye, aye, all those opposed. Same sign and this pass 5 to 0 amendments to the agenda. | 00:08:19 | |
| Do we have any amendments to today's agenda? All right, with that I'd look for approval of consent agenda, move to approve consent | 00:08:24 | |
| agenda. | 00:08:28 | |
| Second motion by Commissioner James, second by Commissioner Freeman, excuse me, Freeman for approval of consent agenda. Any | 00:08:33 | |
| further discussion? | 00:08:37 | |
| And none all those in favor signify by saying aye aye. All opposed same sign and consented to in the past is 5 to 0 presentations | 00:08:42 | |
| number one Life Saving award. Sheriff's Office. Nathan Burke Sheriff. | 00:08:49 | |
| Good morning, commissioners. Thanks for the opportunity as we've done for many years in the past. Now I would like to recognize | 00:08:59 | |
| work that goes above and beyond the normal course of duty when one of our deputies just excels in any area of performance. | 00:09:06 | |
| Today we're going to recognize Nathan Burke, but to do that, Sergeant Jerry Porter is going to come up and do the actual | 00:09:13 | |
| presentation. | 00:09:16 | |
| Thank you. Good morning, Commissioners. | 00:09:20 | |
| I'd say I don't like to come here, but I really do like to come here to recognize some of my deputies and the great work that they | 00:09:26 | |
| do. Today we're going to be recognizing Nathan Burke, he responded to an address in Helen Park on the 20th of January 2024. Here, | 00:09:32 | |
| another deputy responded to a medical call. | 00:09:38 | |
| It was for a 55 year old man who wasn't responsive. | 00:09:45 | |
| And was barely breathing. | 00:09:49 | |
| At one point, the reporting party told the dispatcher that the patient had stopped breathing and both deputies responded to Code | 00:09:52 | |
| 3, which means they went in emergency mode with lights and silence. | 00:09:57 | |
| When Nathan got on the scene, the ambulance crew was just going inside, so they basically pulled up at the same time. | 00:10:03 | |
| The patient was being treated by the ambulance crew. | 00:10:10 | |
| And Nathan recognized some of the signs of an opioid overdose, AKA mostly fentanyl is what we're looking at nowadays. And he asked | 00:10:13 | |
| the crew if they thought that he should get his Narcan and they said yes. Don't know why they didn't have Narcan with them, but | 00:10:21 | |
| Nathan had the insight to do that. So he went after his car, grabbed the Narcan, and they administered a full dose to that patient | 00:10:28 | |
| who recovered. So I'm proud to to present Nathan Book. | 00:10:36 | |
| Congratulations, Deputy Burke. We appreciate your service to the community and saving that individual's life. | 00:11:11 | |
| With that, we'll move on to Warrants item number one, General awards February 2nd, 2024. | 00:11:20 | |
| Motion by Commissioner James for approval, second by Commissioner Buck. Any further discussion? | 00:11:28 | |
| And then all those in favor signify by saying aye, aye, all opposed. Same sign, Item number two, Commissioner Lawrence Lori saying | 00:11:35 | |
| February 2nd, 2024, we'll call them please. | 00:11:40 | |
| Mike Freeman. | 00:11:46 | |
| Motion, Motion Motion by Commissioner James Second by Christopher. | 00:11:49 | |
| Local out. My apologies, Mike. | 00:11:57 | |
| Yes, yes. Well, I think which is payback. | 00:12:00 | |
| Brings us to is item number one Approve that B, 230-0205, Wellness Platform Solution. Department of Information and Technology, | 00:12:08 | |
| Human Resources. Good morning, Kelly. Good morning, Kelly Western Human Resources. | 00:12:16 | |
| Human Resources is requesting an extension for approving the B 230-0205. The work session is scheduled for February 5th to discuss | 00:12:26 | |
| the received bids. The proposed vendor will be recommended for approval on Wednesday, February 7th. Any questions? | 00:12:33 | |
| Do you have any questions for? | 00:12:41 | |
| Do continue this matter to February 7th, 2024 9:00 AM. | 00:12:43 | |
| Got a motion by Commissioner James for continuation until February 7th at 9:00 AM second by Commissioner Freeman. Any further | 00:12:48 | |
| discussion? | 00:12:52 | |
| Hearing none, all those in favor signify by saying aye aye, all opposed. Same sign thank you and that carries 5 to 0 to be | 00:12:56 | |
| continued until February 7th. | 00:13:00 | |
| Item number two Approved Bid B 230-0217, Community Corrections, Heat Recovery, Ventilation, HRV Replacement Facilities Department. | 00:13:04 | |
| Good Morning Tony. Good Morning Toby Taylor with Purchasing has advertised this bid is for replacement of the HRV unit at the | 00:13:11 | |
| Community Corrections Building. The low bid is from M Tech Mechanical and meet specifications. Therefore the Facilities department | 00:13:18 | |
| is recommending the award M Tech Mechanical in the amount of $72,280. | 00:13:26 | |
| Any questions for Taylor? Go ahead. Second motion by Commissioner Bucks. Second by Commissioner Freeman for approval of BID D, | 00:13:34 | |
| 230-0217. Further discussion hearing. None. All those in favor signify by saying aye, aye. All opposed. Same sign. | 00:13:41 | |
| And bid 230-0217 passes unanimously Item number 3 presented B 240-0042, Jail 1 E Rooftop Unit RTU Replacement Facilities | 00:13:49 | |
| Department. | 00:13:55 | |
| 8 vendors have responded to the solicitation to replace the rooftop unit at the jail. The Facilities Department is evaluating | 00:14:02 | |
| those responses and anticipates an approval date of February 21st and we'll bring back that recommendation on February 21st, 2024. | 00:14:10 | |
| Any questions for Tony? | 00:14:19 | |
| All right. Thank you. | 00:14:21 | |
| Item number four President B 240002 Mobile Medical Unit Quantity One Department of Fleet Services. | 00:14:23 | |
| 6 vendors have replied to the solicitation. Fleet Services is evaluating those responses and anticipates bringing a recommendation | 00:14:31 | |
| before the Board February 21st, 2024. | 00:14:36 | |
| Questions. | 00:14:43 | |
| All right, moving on. Time #5. Present the B 240000310, the Maxwell tractor with red kit quantity 1. Departments of Fleet Services | 00:14:46 | |
| and Public Works. | 00:14:52 | |
| 3 vendors have replied to the solicitation Fleet Services in conjunction with Public Works is evaluating those responses and | 00:14:58 | |
| anticipates bringing a recommendation before the Board February 21st, 21st, 2024. Any questions? | 00:15:05 | |
| All right, Item number six present the B 2400006 Roadside Herbicide Spray Truck Quantity 1 Departments of Fleet Services and | 00:15:14 | |
| Public Works. | 00:15:20 | |
| Two vendors have replied to the solicitation. Police Services and Public Works are evaluating those responses and anticipate | 00:15:26 | |
| bringing a recommendation before the board on February 21st, 2024. | 00:15:32 | |
| Questions. | 00:15:39 | |
| All right, item number seven present that B 24000352024 Sign material Department of Public Works. | 00:15:42 | |
| 7 vendors have replied to this request and Public Works is evaluating and will bring a recommendation on February 21st, 2024. Any | 00:15:51 | |
| questions? | 00:15:57 | |
| All right, Item number 8 Present. Bid, B 240-0036. Traffic paint and beads. Department of Public Works. | 00:16:03 | |
| 7 vendors have replied to the solicitation and Public Works is evaluating. They plan to bring a recommendation before the board | 00:16:12 | |
| February 21st, 2024. | 00:16:17 | |
| Any questions? | 00:16:22 | |
| All right, Item number 9 Present that D 240-0045. Enforcement Services for Weed Mowing and or spraying. Department of Public | 00:16:25 | |
| Works. | 00:16:30 | |
| My vendors have replied to this solicitation. Public Works is evaluating and plan to bring a recommendation for approval on | 00:16:35 | |
| February 21st, 2024. | 00:16:40 | |
| Any questions? | 00:16:45 | |
| All right. With that, that concludes *****. Thank you very much, Joe. | 00:16:48 | |
| Brings us on to new business item number one. Consider contract ID number 7795, equitable sharing agreement and certification, and | 00:16:51 | |
| authorized Sheriff's Office to submit electronically. | 00:16:57 | |
| Good morning, Order Commissioners, For the records on your cool graph. Welcome Sheriff's Office Finance Manager. I'm presenting | 00:17:03 | |
| the annual Equitable Share on Base Agreement 7795 to you today for approval. The reports reflect the 2023 activity of the | 00:17:11 | |
| equitable share fund received and expenditure. And once I receive approval to submit for the chair, I will electronically submit | 00:17:18 | |
| it via the. | 00:17:26 | |
| Equitable Share website to be in compliance. The agreement has been reviewed and approved by Sheriff Reams and was reviewed by the | 00:17:34 | |
| County's attorney. The PA has been approved by 5 out of five Commissioners on the 22nd of January 2024. Excellent. Any questions | 00:17:40 | |
| for you to approve. Second Motion by Commissioner Freeman. Second by Commissioner Buck for approval of contract. ID 7795. Further | 00:17:47 | |
| Discussion. | 00:17:54 | |
| Hearing none, all those in favor signify by saying aye, aye, all opposed. Same sign. | 00:18:02 | |
| And contract ID 7795 passes 5 to 0. Thank you, Sonia. | 00:18:07 | |
| Item number two consider temporary closure of County Road 54 between County roads 43 and 45 in the morning. | 00:18:12 | |
| Good morning Commissioners, maybe Machi Public Works, Public Works is is requesting this closure begin on February 12th and going | 00:18:21 | |
| through February 29th. This will be the replacement and upgrade of fiber irrigation culverts in this section. Water will be used | 00:18:27 | |
| for dust control in the gravel roadways within the detour. | 00:18:33 | |
| And final painting will be conductive later on in the spring. | 00:18:39 | |
| Excellent questions for any move to approve the resolution. Second motion by Commissioner James, second by Commissioner Buck to | 00:18:44 | |
| approve the resolution. Any further discussion. | 00:18:49 | |
| None. All those in favor signify by saying aye, aye. All opposed. Same sign and temporary closure calendar 54 between County Road | 00:18:54 | |
| 43 and 45 passes 5 to 0. | 00:18:58 | |
| Item number three consider temporary closure of County Road 39 between County roads 72 and 74. | 00:19:04 | |
| Good morning, Commissioners. Amy Muchi, I'm presenting on behalf of Goodell Construction. | 00:19:11 | |
| And the town of Johns, or excuse me, the town of Eaton, they're requesting his closure to begin on February 19th and go through | 00:19:18 | |
| February 2026. This is the second phase of covert installations ahead of the intersection improvements for the Omaha track | 00:19:23 | |
| facility. | 00:19:28 | |
| What are we used for? Dust controls needed along with each one? | 00:19:34 | |
| Any questions? | 00:19:39 | |
| Second motion by Commissioner Box, second by Commissioner James for approval. Any further discussion? | 00:19:41 | |
| Hearing none, all those in favor signify by saying aye aye all opposed same. | 00:19:46 | |
| And temporary closure County Road 39 between County Road 72 and 74 passes unanimously thinking. | 00:19:51 | |
| Item number one that you're planning. | 00:20:01 | |
| Final Reading of Code Ordinance 2024-02 In the Matter of Repealing, and Reenacting with Amendments Chapter 19, Coordinated | 00:20:04 | |
| Planning Agreements of the Weld County Code Amendments to Appendix 19, G Eaton and Appendix 19, L 30, Max. | 00:20:13 | |
| Commissioners, an excellent front planning services. This is the final meeting of the three process to update the map associated | 00:20:21 | |
| with Eaton CPA located in Chapter 19, Appendix 9 G specifically. | 00:20:27 | |
| This map shows a change in there. We go There the town adopted with their most. Can you hang on just a second. So we need a motion | 00:20:33 | |
| to read this by title only. And I will move to read by title only. All right. Moved by Commissioner Freeman, second by | 00:20:39 | |
| Commissioner Brockton, Read by title only. Any further discussion? | 00:20:44 | |
| All in favor signify by saying aye aye all opposed same sign and passes to. | 00:20:51 | |
| 2024902 In the matter of repealing and reenacting with Amendments, Chapter 19 Coordinated Planning Agreements County Code | 00:20:58 | |
| Amendments to Appendix 19-J Eaton and Appendix 19 Dash RA Percy. | 00:21:06 | |
| Thanks again, Max. | 00:21:14 | |
| Continuing this map shows a change in urban growth area with town adopted with their most recent Comprehensive Plan update 2020. | 00:21:17 | |
| As stated, this ordinance also includes a clean up item to remove the Kersey UGA map currently in Appendix 99. Thank you Steph, as | 00:21:23 | |
| no changes to this request. | 00:21:28 | |
| Any questions for Max? | 00:21:33 | |
| So I was at the work session on 12/11 last year. Can you summarize staff concerns with that adopted the map? Yeah, the general, | 00:21:37 | |
| the general concerns describe that the work session on the staff side was related to the. | 00:21:44 | |
| Expansion of the Urban and Growth area. That area is defined as urban which was expanding civically compared to what it is | 00:21:53 | |
| existing in Chapter 19. | 00:21:58 | |
| And with that change, the concern came with not adjusting the definitions as well. | 00:22:05 | |
| All the general concerns outlined with staff. | 00:22:11 | |
| What definitions were those? | 00:22:14 | |
| The definition of the development Urban Development. | 00:22:17 | |
| Not non Urban Development. | 00:22:23 | |
| And how much bigger is that map than the one that was previously in the code? | 00:22:27 | |
| The map was the initial boundaries of the town that you would see today and it expanded essentially. | 00:22:31 | |
| Roughly 2 to 3 miles. | 00:22:42 | |
| From where it was before significant expansion. So you wrote a memo regarding. | 00:22:45 | |
| A denial of this because of concerns about definitions, especially non urban is what I remember. Is that correct? The middle is | 00:22:53 | |
| not for denial The recommendation to the at the work session. | 00:22:58 | |
| Is that what you're asking? Yeah. The recommendation was to also look at the definitions. Look at the definitions. | 00:23:04 | |
| OK. | 00:23:13 | |
| Couple questions that I think this is important to for the audience to know. Can you tell us the difference between our older | 00:23:15 | |
| planning agreements, I think some of those were prior to whether the 2000, 2011 something like that and the newer ones that we | 00:23:21 | |
| have in most of towns and cities. | 00:23:27 | |
| So there's an intergovernment agreement areas and then there's coordinated planning agreements. That's an IGA versus ACPA. The | 00:23:33 | |
| newer Cpas ever established in the mid 2000s or actually 2015 and beyond are essentially A referral process to the municipalities. | 00:23:41 | |
| That's a three mile area that we notify the towns. Just to note this new boundary doesn't align with. | 00:23:48 | |
| The Three mile general area that when you're notified. | 00:23:55 | |
| The order agreements had a little bit more teeth in them is how we kind of describe it. They're a little bit more customized to | 00:23:59 | |
| each municipality we're actually going through right now and meeting with municipalities to kind of discuss. | 00:24:06 | |
| Further like updating the current Cpas that we have today. | 00:24:14 | |
| So do we have an ITA or CPA with? | 00:24:19 | |
| Which would be the order agreement? OK, so when you say they might have more teeth in them, the Igas, I'm assuming this is an | 00:24:23 | |
| older one. What does that mean? | 00:24:27 | |
| Essentially, it's not so much a referral process, although it is a referral process. | 00:24:33 | |
| Staff cannot proceed until we actually receive information from the town that they're OK to proceed or they wish to annex or they | 00:24:39 | |
| wish to talk to. | 00:24:43 | |
| The applicant or property owner regarding annexation. | 00:24:48 | |
| Yes, there's a 21 day window, but you're saying it's not exactly referral process. It's still a referral process. But essentially | 00:24:54 | |
| with the new Cpas we can proceed if we feel that, yeah, OK, that makes a lot more sense. So it's it's a different referral process | 00:25:00 | |
| but also. | 00:25:07 | |
| It's the same. It's the same. | 00:25:16 | |
| The same referral process which we currently have in the CPA's today which says for then a three mile radius, we have to give the | 00:25:17 | |
| towns the ability to say if they want to annex. Yeah, so the the current process that we have with eating is we still notify them | 00:25:22 | |
| within 3 miles. That's just a general process that we have all together that we could take action in some other Cpas versus this | 00:25:27 | |
| one. | 00:25:32 | |
| So I'm just these are things I'm confused on. These are questions I wanted to ask, but I was physically blocked from going into a | 00:25:38 | |
| meeting last Tuesday to ask those questions with the planning director and the coordinator. | 00:25:43 | |
| Back to the non urban definition, which I think is probably the most important thing and and I want to dispel the notion that this | 00:25:50 | |
| is just a map because what staff brought up was the fact that we're not changing definitions for non urban. Can you tell me? | 00:25:56 | |
| What? What? That is as far as? | 00:26:03 | |
| Would you like me to read the definitions for the whole item? | 00:26:07 | |
| So we have development, which is any land use requiring regulatory approval by electric governing body of the applicable party in | 00:26:11 | |
| the urban growth area, except for an amendment to a plat or a down zoning. | 00:26:16 | |
| Neither of which creates any additional lots, and except for record exemptions or subdivision exemptions. | 00:26:22 | |
| Existing agricultural uses which are lawful uses either as uses by light under Chapter 23 of the Royal County Code or as legally | 00:26:28 | |
| existing non performing uses, or also exempt from the definition of development. So that is the definition of. | 00:26:35 | |
| Non Urban Development. | 00:26:41 | |
| Ray uses which typically do not require services such as central water and sewer systems, Rd. networks, park recreation services, | 00:26:44 | |
| storm drainage and the like, in which are generally considered to be in rural in nature, expressly expressly including land use. | 00:26:49 | |
| Land use are capable of being used for agricultural production. | 00:26:55 | |
| And including developments which combine closer residential uses and agricultural uses in a manner that the agricultural lands are | 00:27:02 | |
| suitable for farming and ranching operations for the next 40 years. | 00:27:07 | |
| Even development is defined as the development which is characterized by development density typically. | 00:27:14 | |
| Typical to urbanize areas, it requires support services such as central water and sewer systems and road networks, park and | 00:27:20 | |
| recreation facilities. | 00:27:24 | |
| And programs, storm drainage and other similar services, which are typically finished by the municipality. | 00:27:29 | |
| Thank you, Max. So just to bounce off that, So you mentioned. | 00:27:35 | |
| Uses that don't require services such as central water and sewer, which is pretty much tag. I mean that's basically what this area | 00:27:41 | |
| is currently around Eaton. So can you tell me what uses are allowed in the AG zone that don't require those services that we may | 00:27:46 | |
| not have to deny? | 00:27:50 | |
| I can go through the whole list for chapter 23, which would be uses that would not require. | 00:27:57 | |
| Sewer water. | 00:28:08 | |
| Animal boarding training facilities. | 00:28:10 | |
| As for concrete batch plant, which is kind of debatable because water is still an aspect in all these these uses. It just depends | 00:28:13 | |
| on where the water is coming from. So you have the state, the water or the water well and whenever we're talking to urban, we're | 00:28:20 | |
| talking municipality water, you know, public water and public sewer, just to reiterate. | 00:28:26 | |
| Other uses Valet, camping, fishing, hunting. | 00:28:35 | |
| County greater sheds, farming and gardening, non commercial towers, police, ambulance and fire stations, facilities which one | 00:28:38 | |
| could argue that it could still require public water and sewer, public parks, public schools, mining operations, single second | 00:28:43 | |
| single family homes. | 00:28:49 | |
| Telecommunication in 10 towers, utility services, water tanks. | 00:28:55 | |
| Accessory uses up to two garden tailors, not commercial junkyard, offices, outdoor storage, parking areas, semi trailers, storage | 00:29:01 | |
| and semi. | 00:29:06 | |
| Swimming pools and wind generators. | 00:29:12 | |
| Uses by permit, export service, entertainment, airports, airstrips, which I would imagine one would think that an airport would | 00:29:15 | |
| require public. | 00:29:20 | |
| Water and Sewer Auxiliary corridor is bed and Breakfast facilities. | 00:29:25 | |
| Disposable biosolids, domestic sector disposal duties, distilleries, wineries, community buildings, contractor shops, custom made | 00:29:30 | |
| processing. | 00:29:34 | |
| Golf courses, home occupations, landscaping companies, limited events, manufactured homes, commercial towers, recreational | 00:29:39 | |
| facilities, public, private and commercial. | 00:29:44 | |
| She ranges solar projects, again not requiring public water or sewer, so those are considered more development as a whole. | 00:29:50 | |
| Telecommunication 2 towers again stated before. | 00:29:59 | |
| Campgrounds, child care centers, commercial rodeos, commercial roping arenas, cemeteries, churches. | 00:30:05 | |
| Correctional facilities, their facilities, airports, kennels, livestock confinement operations, lumber yards, woodworking. | 00:30:12 | |
| Oil, gas support service facilities, Oil gas sports storage facilities. | 00:30:20 | |
| Basic facilities, Repair service Establishment, Research laboratories, Residential therapeutic centers. | 00:30:26 | |
| Translate. | 00:30:35 | |
| I just want to repeat a couple of those I find interesting because again agricultural support services and that's something I can | 00:30:37 | |
| potentially now be denied within that area. Same with Livestock Sailbond as you mentioned me processing custom sales repair farm | 00:30:44 | |
| equipment, sales of grain feed, seed or fertilizer, sheeting ranges, veterinary clinics, Agri entertainment. | 00:30:51 | |
| Contractor shop, household pets, 5 to 8 kennel, I mean all these things could now be denied within that area. So I I think my | 00:30:59 | |
| concern is well founded that I brought it in the the 11th of December meeting regarding this map and you know just want to express | 00:31:06 | |
| a couple quick things before we go on the public comment, but this map basically creates two different classes of Lowell County | 00:31:13 | |
| citizens, one being inside a new UJ boundary which is urban growth area boundary. | 00:31:21 | |
| And I'd say rural wealth, county citizens, I just want to make sure that that's that's out there and the citizens inside the | 00:31:29 | |
| boundary have lost the ability to have representation from the BOCC from the use of this listed. So to respond to say that real | 00:31:34 | |
| quick for the record and thank you for answering the questions. | 00:31:38 | |
| And you know, I just want to elaborate a little bit that. | 00:31:45 | |
| We can't force property owners annex so. | 00:31:50 | |
| Essentially do do a pre annexation, even if anything through this process through our processes. | 00:31:54 | |
| But how it works with that with planning staff is. | 00:32:00 | |
| They submit the application, we go through AUSR for instance, special review permit. We go through the code because that's that's | 00:32:04 | |
| kind of the the meat potatoes of our job is we see if it meets the intent of each section. Chapter 22 would be where this goes | 00:32:11 | |
| into play, which then ties into Chapter 19, which is the IGACPAS. That's one of the many reasons that you could recommend approval | 00:32:18 | |
| or denial and at the end of the day it comes in front of the Board of County Commissioners to make that recommendation. | 00:32:26 | |
| Yes. To your point Commissioner, saying we could recommend an hour based off this one item, but we could also recommend an item | 00:32:33 | |
| based off many items and we could still potentially recommend approval based off this item. If we not, may not necessarily agree. | 00:32:39 | |
| But again at the end of the day it kind of it comes down to the Board of County Commissioners to make that recommendation or you | 00:32:45 | |
| know approval to now as we were under any other process. | 00:32:51 | |
| Commissioner, just a couple of points. First one, that there was a whole lot of those things that you listed in there. They'll | 00:32:58 | |
| speak to my choir palm water and sewer. | 00:33:03 | |
| Feasible without, so that's probably the reason why the definitions of. | 00:33:08 | |
| Non rural and Urban Development need to be need to be revisited. The second part of that is a new seven, but I'm going to make it | 00:33:12 | |
| really clear. | 00:33:16 | |
| It's up to the land over whether they're Annex or not. I mean this probably cannot force Annex on anybody. So if if I'm out there | 00:33:20 | |
| and I don't wanna be annexed in the town of Eaton. | 00:33:24 | |
| That's that's only my control. That's not only the county's control and it's not under regions control. So we're going to need to | 00:33:29 | |
| make sure we're very aware of that. | 00:33:33 | |
| I just want to follow up on a couple things from Commissioner Freeman, just so it's clear for everyone here, and if you live | 00:33:39 | |
| currently where you do, you have an existing year. So nothing changes with this map. You do not get annexed in, your use does not | 00:33:46 | |
| change, that use does not change. It does not become now part of eating, nothing changes. Let's be very clear on that, because I | 00:33:54 | |
| know that has some concern out there. This has no effect on your taxation. | 00:34:01 | |
| Right, because your use is not changing. You are still staying, just as you are currently zoned, just as you are currently living | 00:34:09 | |
| or operating your permitted use or business. | 00:34:14 | |
| You will not be annexed because of this. You can add a shed, a shop, or whatever to the building. You go through the current | 00:34:54 | |
| permitting process that you already do with our planning department. That does not change your annexation. You stay just as you | 00:35:00 | |
| are. I want to be very clear there. | 00:35:05 | |
| If you want to change your, use. | 00:35:13 | |
| Then this agreement would come into play, where we start referring back to forth to each other and ask if the town of Eaton would | 00:35:16 | |
| like to annex this. Essentially first, did I state anything inaccurate? | 00:35:21 | |
| Anything you needed, I want to clarify, you know, this agreement goes into play for uses that come in front of the Board of County | 00:35:28 | |
| Commissioners, so anything that's considered used by, right. | 00:35:34 | |
| It's still considered useful, right? Exactly. Thank you. Just a quick question from actually. | 00:35:41 | |
| So, Commissioner? | 00:35:49 | |
| Isn't retroactive. So you have to everybody's grandfather is what I'm trying to say. So when we say we're protecting existing uses | 00:35:50 | |
| and property rights, we have to do that. The town of Eaton has to do that. So I just want to make sure that's clear. Nothing is | 00:35:56 | |
| changing with existing uses, Chris. So what I would also add is that. | 00:36:02 | |
| The provision that talks about non urban uses, it says to the extent legally possible. | 00:36:08 | |
| As determined by the county, the county will deny proposals for non Urban Development in the urban growth area. | 00:36:15 | |
| The point? | 00:36:22 | |
| What is legally, to the extent legally possible, you can't deny based on this alone. | 00:36:25 | |
| What is stated in your code has been used by special review. | 00:36:32 | |
| Use by byte accessory uses and use by special review. | 00:36:37 | |
| As determined by the county, it's not a negotiation. | 00:36:45 | |
| You make that determination as a board of county commissioners. | 00:36:50 | |
| If those are legal uses, if. | 00:36:54 | |
| They are approved by the board. | 00:36:58 | |
| The standard criteria that is required. | 00:37:01 | |
| It's not based on this. | 00:37:05 | |
| So that I just want to make that clear. It's not that non urban uses can't happen. | 00:37:08 | |
| In that area. | 00:37:14 | |
| It's that those are considered to be I. | 00:37:16 | |
| You're allowing for urban us. | 00:37:19 | |
| And the municipality this? | 00:37:22 | |
| In particular, is agreeing to provide extra territorial services. | 00:37:26 | |
| And there are. | 00:37:32 | |
| And maybe Eaton's the only one in Moore County that does that. | 00:37:34 | |
| Also, this agreement was a new agreement. | 00:37:39 | |
| Our previous forms that we had for other municipalities where they agreed to provide extraterritorial service when we did those in | 00:37:45 | |
| the 1990s. | 00:37:50 | |
| Those required annexation. | 00:37:56 | |
| And the board in 2003, I think it was said we're not going to require annexation. | 00:38:00 | |
| And so this was, as I remember, either one of the first, if not the first saying it's a referral process. | 00:38:08 | |
| Thank you, Bruce. Mr. Freeman, No, I'm good. Thank you. I just said thank you, Bruce. | 00:38:20 | |
| Missing. Yes, thank you very much. So one of the questions I had had about this is that again staff denied this because of the | 00:38:25 | |
| definition of non urban and their concern was some of these uses might be denied by the county and would go to the city for | 00:38:31 | |
| approval. So that's that's still in the code as of right now. So that's that's a legitimate concern. | 00:38:38 | |
| But, but also, you know, as far as the definitions go and their university PS, as Max alluded to, actually said that right. It's | 00:38:46 | |
| got more teeth in the older agreements and with our current CPA's with some of our towns. | 00:38:53 | |
| With this one clearly has two. I think we can resolve this issue and we could have resolved this issue earlier by simply making an | 00:39:31 | |
| amendment to this just to make sure that the citizens inside the boundary versus outside the boundary really have the same county | 00:39:38 | |
| representation. It's a tenant for prosperity and and private property rights have equal treatment under the law. So that's my | 00:39:44 | |
| suggestion and I've taken up enough timeless. So I'll offer you know let's go to the public comment. | 00:39:51 | |
| This has less. | 00:40:01 | |
| If you want to use that term, then the ones we did in the 1990s, most of which I think almost all of which are gone, Platteville | 00:40:04 | |
| may be the only one that's left, I don't know. | 00:40:10 | |
| But those those had teeth, which was required annexation. This one does not require that it starts my teeth. And our CPA has two | 00:40:17 | |
| very important areas. | 00:40:22 | |
| In the sense that it requires the town of Eaton to provide extraterritorial service. | 00:40:29 | |
| That they're agreeing to do. | 00:40:35 | |
| For certain development, Urban Development. Dan's not alone with his CPA because Decono, Frederick, Masal, Ronmot, and Hudson all | 00:40:38 | |
| have the exact same CPA. | 00:40:44 | |
| And it was currently going through a process of revising that IGA with the county, was that correct, Max, correct. Yeah. I'm | 00:40:53 | |
| addressing those definitions. Yeah. They. Yeah, essentially they they understood staff's position and and not necessarily a | 00:40:59 | |
| recommendation of denial, just recommend it against the. | 00:41:05 | |
| Proceeding with the map update and not the definitions, but we're immediately working with them right now and doing that. | 00:41:12 | |
| Thank you. | 00:41:21 | |
| Recommending with that I will go ahead and bring up Town of Eaton. Do you wish to speak? | 00:41:25 | |
| Mayor Scott Mosier, town of Eaton. | 00:41:35 | |
| You know, it's simple for us. We just, we're here. | 00:41:39 | |
| To answer any questions that anyone might have, but we'd like to 1st see that that map gets recorded. Which. | 00:41:42 | |
| You know, 2019 initially. | 00:41:51 | |
| Approved by the board and just didn't simply didn't get recorded. So we'd like to see that done and then again we're working on | 00:41:55 | |
| updating that CPA trying. | 00:42:00 | |
| Help make this a smoother process for the residents of the county. | 00:42:07 | |
| Should we need to be even be involved? | 00:42:12 | |
| So we're here, we're here if you have any questions. So I think the one thing that needs to be clear here, part of it is you, you | 00:42:16 | |
| turn that map in 2019 and our agreement specifically states that we will record that map. | 00:42:22 | |
| OK, so that should have been done well before now, quite honestly, we understand that and I'm not sure why it didn't get. I'm not | 00:42:29 | |
| either and it's. | 00:42:33 | |
| It it. | 00:42:39 | |
| A simple process. We're here on 3rd. | 00:42:41 | |
| So we're here for any, any other questions you have, but yeah, I think. | 00:42:46 | |
| It would be appropriate to get that map recorded. I would agree. Thank you. | 00:42:53 | |
| Thanks for saying so. I don't know if you were aware that it wasn't. You said it was just simply not recorded. It was actually | 00:42:58 | |
| turned down by the Board of County Commissioners. Barbara Kirkmeyer, at the time was the coordinator for planning. So that is on | 00:43:04 | |
| the recordings. I just want to let you know that wasn't just that. And then I think the direction was to work with the town to get | 00:43:10 | |
| a new CPA. That's not true. That's not. It's not true. | 00:43:16 | |
| Just to be clear, I was certainly a member of the board of county commissioners of that town. This board did not take collective | 00:43:22 | |
| action. | 00:43:26 | |
| On that map. Thank you, Mr. James. | 00:43:32 | |
| I just like the county commissioners to know that. | 00:43:36 | |
| I'm I'm not going to accept. | 00:43:42 | |
| When inaccurate statements are made. | 00:43:45 | |
| Come up there. Appreciate. | 00:43:50 | |
| We need to call it for what it is. | 00:43:54 | |
| OK, that. | 00:43:55 | |
| Was we went through that process that Halloween, I wasn't familiar at the time, went through the process, the commissioners, you | 00:43:58 | |
| guys handle it properly. So we're simply asking to get that map recorded. | 00:44:04 | |
| So I can verify that that statement I made all right, without any other questions for Mayor Moser. | 00:44:11 | |
| Thank you very much for presenting today. | 00:44:20 | |
| Alright. Thank you, Wes. Thank you. Appreciate it. | 00:44:23 | |
| With that, we will go ahead and open this up. This is a public hearing. We'll open this up for public comment. Please keep your | 00:44:26 | |
| comments to this topic. We ask that as you come forward, you please state your name, your address and we keep your comments to 3 | 00:44:33 | |
| minutes. With that, is there anybody that wishes to address the board regarding Code Ordinance 2024-02? | 00:44:41 | |
| Come on up soon. | 00:44:51 | |
| Yeah, my name my name is Ted Mike and I live on County Road 74 between County Road 31 and 33. | 00:45:03 | |
| I spoke to five of my neighbors last night to which were not able to attend today. None of them had heard anything about this. It | 00:45:11 | |
| seems as though if they're going to adopt A new urban growth boundary, there should have been some public hearing. | 00:45:19 | |
| I don't know who would be responsible. Would that be the town of Eaton or well, County that would have gone through that process, | 00:45:28 | |
| so. | 00:45:33 | |
| From our perspective it it looks as though this is getting pushed through without us being informed. I think it would be prudent | 00:45:40 | |
| to recommend denial today, back up and inform the public as to what's going on. We all had questions and obviously the board. | 00:45:48 | |
| Obviously has a lot of different questions about how this is all coming together and you know how this is going to affect property | 00:45:57 | |
| rights and I believe that Europe to the public to address some of those questions before voting this in. | 00:46:04 | |
| That's all I'm saying. Thank you. Thank you, Sir. | 00:46:12 | |
| Anybody else wish to have public comment please come forth. | 00:46:16 | |
| My name is Ron Mitchell. I live at on County Road 33. | 00:46:27 | |
| Obviously there's much confusion as to what's going on here. | 00:46:32 | |
| With the adjustment of the UGA. | 00:46:38 | |
| Actually, many of us think taxes are going to go up and you guys have explained that. I see through those. | 00:46:40 | |
| And annexation. | 00:46:48 | |
| That's been a lot of the confusion here. For some of this and including myself, I'm confused and I may have made false statements | 00:46:50 | |
| regarding this. | 00:46:54 | |
| Although because. | 00:46:59 | |
| Lack the knowledge here, I propose that the Commissioners here. | 00:47:04 | |
| Table the vote and have an informative meeting with the community. | 00:47:10 | |
| Why you are doing this? | 00:47:15 | |
| How will this affect us? | 00:47:18 | |
| Also, I would. | 00:47:21 | |
| Like for you guys to explain to us. | 00:47:24 | |
| And including the town of Eaton in a meeting. | 00:47:29 | |
| As to why this is good. | 00:47:34 | |
| How this is going to affect us, but also why is there opposition to this, those who are opposed to this? | 00:47:36 | |
| So that we can have an informed decision. | 00:47:45 | |
| That is is my recommendation. | 00:47:48 | |
| To you guys. | 00:47:52 | |
| To add on to what, Mr. Micah? | 00:47:55 | |
| He did say that none of us, none of us were not informed of this. | 00:47:58 | |
| And so I looked at the county. | 00:48:03 | |
| Code here regarding this. | 00:48:08 | |
| In section. | 00:48:12 | |
| 19-1-80 under miscellaneous positions. | 00:48:15 | |
| And letter E it says adoption by the county. | 00:48:21 | |
| The County shall, upon publish notification considering the CPA for adoption and amendment to Chapter 19. | 00:48:24 | |
| Of the Weld County. | 00:48:32 | |
| In the course of such adoption process, the county shall review the complete record of the public hearings held by the | 00:48:33 | |
| municipality which would be eaten. | 00:48:37 | |
| Wherein it is considered the CPA for adoption. The effective date of the CPA shall be effective of the amendment to the Wall | 00:48:42 | |
| County Code. Could you guys please produce for us a record of that? | 00:48:48 | |
| Bruce, is that something we have? That's what you're doing today. There you go. | 00:48:57 | |
| You do go through a three reading process to get it done. It was noticed for each one of the three hearings, it's correct. OK, so | 00:49:01 | |
| that that process happens today. So my recommendation can can you guys explain to us the pros of this and the cons of this? | 00:49:09 | |
| Today, so that we can all hear this here let me see if I can help on so. It's because I'll be honest. I'm going to be honest. I'm | 00:49:18 | |
| giving it to this. I'm learning this process and I'm understanding this and I don't want to even take this personal. We just, we | 00:49:25 | |
| just want to understand as property owners that we're not losing our rights. This is an right that we have. We want to know that. | 00:49:33 | |
| So you're not losing any rights as as as we've explained nothing changes. Your land use doesn't change. Your zone doesn't change. | 00:49:40 | |
| It is simply a long term growth map that every municipality in this in this county has. | 00:49:48 | |
| Every single, every single municipality has a comprehensive plan with a map that shows that that goes out for and it might be 20 | 00:49:56 | |
| years out, 50 years out or 100 years out. But it's good planning for these municipalities to put in place just what it is, that | 00:50:03 | |
| what what could be in the future. But it doesn't change anything. It doesn't change the boundaries of the town of Eaton. It | 00:50:10 | |
| doesn't change as anybody's uses. It is simply, it is simply showing a comprehensive plan of which. | 00:50:18 | |
| We're also approving cruises today. We just got Milliken's new comp plan in last week with their maps. | 00:50:26 | |
| The town every, every newspower. He has a comprehensive plan. Most of those show a three mile radius around the town. That's just | 00:50:32 | |
| kind of standard deal. Statutory. It's actually statutory. It's actually statutory. So this isn't, it doesn't change anything. It | 00:50:39 | |
| doesn't change any of the uses. It doesn't impact any of the land owners in any way. | 00:50:47 | |
| Now at some point in time, if somebody happens to be living right by eating and they'd like to be annexed because they would like | 00:50:55 | |
| to have the public service or whatever, they have every ability to build a town in Eden and have a conversation about will you an | 00:50:59 | |
| access. | 00:51:04 | |
| And the county has no say. We have no control over annexing anything. | 00:51:09 | |
| We can't. That's not our deal. It's it's a news, it's the municipality, it's 100%. | 00:51:15 | |
| And just to add to that, and I think it was discussed a little bit about regarding the water sewer situation. | 00:51:21 | |
| According to what I was reading and correct me if I'm wrong. | 00:51:29 | |
| You guys have noticed? | 00:51:33 | |
| Again, it goes back on it if we are brought into the. | 00:51:36 | |
| The what I call UGA. | 00:51:40 | |
| That again, it goes back on water and sewer and sewer. | 00:51:44 | |
| And being able if we're in that then you according what I'm reading and maybe I'm misunderstanding this, but it said the way I | 00:51:49 | |
| understand it right? Are you guys able? | 00:51:54 | |
| Two year development or whatever it is, they're not going to pay for that. | 00:52:33 | |
| But they'll agree that if you decide that you want to annex and they agree to that annexation and you would have to agree to pay | 00:52:36 | |
| for the for getting those services there. | 00:52:42 | |
| OK, OK. And again, nobody can force anybody to annex that is entirely the land owners choice. | 00:52:47 | |
| And would that be able to be put on record? Where somewhere? Is that somewhere where we can see that we cannot be forced to be | 00:52:54 | |
| annexed in? | 00:52:57 | |
| Part of the It's part of the record of state statute, OK. | 00:53:02 | |
| So your time's up there. Do you have any other comments you'd like to have, Mr. Mistral? | 00:53:06 | |
| No, I just want to comment on that. And again when it comes to the water stuff, I don't have a lot of clue on that, but you know, | 00:53:10 | |
| I just want to clarify some things. So appreciate it. Thank you very much. | 00:53:15 | |
| And I actually brought this up in the 11th of December work session. Have you contacted any of the residents about this? The | 00:53:21 | |
| answer is no. | 00:53:26 | |
| So, and why that's important, is that most people you can tell they're not the difference between IGA, CPA, UGA, or why this map's | 00:53:32 | |
| different from other maps. But again, staff recommended denial of the map not just once, but twice. | 00:53:39 | |
| Back in 2019 when? | 00:53:48 | |
| The chair was a mayor and recently in December recommended mile because the definition of non urban had not changed. Non urban | 00:53:51 | |
| means y'all your egg, right? So I mean, so you don't need water, sewer, city services, which is probably going to be case for a | 00:53:58 | |
| very, very, very long time, right? And we don't provide water or sewer, so you'd have to find your own water. So most of you have | 00:54:05 | |
| septic or you have a wall or something else. But what I think the issue is that people brought up is that. | 00:54:11 | |
| You're gonna look different from the neighbor next year across this line because she can do certain things and we might have to | 00:54:19 | |
| deny those same things and refer that to the town of Eden, which is kind of a danger that was pointed out by the staff memo. So | 00:54:25 | |
| that's in writing. That's that's something that people can see. That's the issue. So if you want to do something to increase your | 00:54:32 | |
| prosperity, right, you want to adjust the market forces and do one of the uses that we listed. | 00:54:39 | |
| What staff told me to that answer? It's unfortunate. | 00:55:18 | |
| Right. But that is not, that's what happened. So we're trying to correct. | 00:55:21 | |
| I lost in the shuffle here right from 2019 when the letter was submitted to the county asking to do this. People are not losing | 00:55:27 | |
| any rights with their property. There are not two classes of citizens because of. | 00:55:33 | |
| And so. | 00:55:40 | |
| Want to be very. | 00:55:41 | |
| No taxation differences, right? No ones being annexed here, no ones being forced to annex. | 00:56:17 | |
| The city can't do that. City can't go up to you and say, Mr. Mitchell, you need Annex, right? We're annexing you unless you ask to | 00:56:24 | |
| annex. And you know what, you could do that today. | 00:56:29 | |
| One year they got 3 miles, the next year they took another 3 miles because someone additionally asked them to annex. So that was a | 00:57:09 | |
| request by that individual that was not a municipality forcing anybody to annex. | 00:57:15 | |
| I think the other thing that's really important in this deal is really this is a referral. So in other words, you're going to do | 00:57:21 | |
| whatever and doesn't affect anything that's currently there, but you're going to do a new development, whatever that is. The cat | 00:57:26 | |
| is required to notify the municipality if it's in that area. Municipality has 21 days to say whether they want to add that you're | 00:57:31 | |
| not. | 00:57:37 | |
| Let's say even says we want to annex, right? And I say I'm not interested, I don't want to be annexed, period. That's the end of | 00:57:42 | |
| it. It comes in, it goes through the county process. | 00:57:46 | |
| So all this is referral to give and part of the reason that that was in the CPA's is because these towns said Give us the | 00:57:51 | |
| opportunity, if you give us the opportunity and notify us. | 00:57:56 | |
| Obviously there's some confusion on. | 00:58:31 | |
| I'm working on this. Maybe some of the wording could be changed and adjusted so that all could understand. Maybe possibly. Thank | 00:58:35 | |
| you, Mr. Mitchell. Appreciate. | 00:58:39 | |
| Next comments. | 00:58:44 | |
| One second, Mr. Mayor. | 00:58:47 | |
| Good morning. | 00:58:56 | |
| My address is 15681 Counter Accident report in Colorado. Can I ask you to put the map up on the screen so when you can see it, | 00:58:58 | |
| will that be? | 00:59:03 | |
| And this does not count as part of my 3 minutes. | 00:59:20 | |
| Awesome. Thank you. | 00:59:28 | |
| So I'm here as a citizen who. | 00:59:30 | |
| Happens to do land use as a hobby. | 00:59:34 | |
| And my question is a little bit different than the other questions you've heard. | 00:59:38 | |
| I live really close to the town and I'm super excited to be annexed into the into the town at some point in time. | 00:59:43 | |
| Where my concern comes on this is process and procedure. | 00:59:51 | |
| And I went back and and looked. This agreement is 25 years old. | 00:59:57 | |
| 25 years old the. | 01:00:04 | |
| The agreement to. | 01:00:08 | |
| Was attached to a map at the time it was originally approved. It wasn't separate. | 01:00:10 | |
| It was the same. | 01:00:16 | |
| And on the map you can see in the dark area that's the municipality. | 01:00:19 | |
| The original agreement that is 25 years old is the green area. | 01:00:23 | |
| Which you can have. I'm happy to give you that happy. | 01:00:29 | |
| So the reason? | 01:00:35 | |
| The reason? | 01:00:44 | |
| This is so significant as this original founder was determined by the town's ability to provide. | 01:00:45 | |
| Water and sewer in the area. They were tied together. | 01:00:53 | |
| It was part of the agreement and once that, a little bit of it, but he didn't need all of what the original. | 01:00:57 | |
| Implementation is and this is found in section 1911. Eighty of your code 1 went read some of it but. | 01:01:08 | |
| Interestingly, the document itself gives us guidance on how to amend the document. | 01:01:16 | |
| It doesn't say you can just amend the map. | 01:01:23 | |
| It doesn't say that this has anything to do with the town's ability to have. | 01:01:26 | |
| Urban Growth doesn't talk about annexation, but what it does say is this. It says that. | 01:01:32 | |
| The CPA may be amended only by a writing executed by the parties and adopted according to the same percenters as the original | 01:01:41 | |
| adoption. | 01:01:46 | |
| The same procedures as the original adoption were that the map was an exhibit to the ground. It wasn't the agreement. It goes on | 01:01:51 | |
| further to say, requiring the written consent of the amendment by both parties in compliance with the procedures detailed in | 01:01:59 | |
| section 6.4 and 6.5, which are the old numbers reference to the agreement, but it goes on to say amendment upon the request of | 01:02:06 | |
| either party. | 01:02:14 | |
| Disagreement would be subject to the amendment according to the same procedure as the original option. So I said that twice in the | 01:02:22 | |
| same agreement. | 01:02:26 | |
| Requiring one consent of the amendment by both parties provided, however, that children's and overgrown family area which. | 01:02:30 | |
| I think you called CPA. | 01:02:40 | |
| And changes in the over the boundary area here in no occur by resolution of the municipality concurred by the county when the | 01:02:43 | |
| changes of deletion to the Ugo or an additional property which one was common ownership contained with legal description of | 01:02:51 | |
| properties previously included which is pretty close. But it also goes on to say and directly adjacent to a contiguous previously | 01:02:59 | |
| contained property within the energy capable of being served to buy municipal services including water and sewer. | 01:03:08 | |
| Within a reasonable time. | 01:03:16 | |
| And I think that's the crux of this is that this agreement was 25 years old. I don't see what the concern is with saying, hey, | 01:03:18 | |
| what is it, the time out? We need to start this process over again and get rid of the language of this agreement. It's referencing | 01:03:25 | |
| information that's antiquated and it's referencing information that isn't even. | 01:03:32 | |
| Umm, possibly violent. I do want to enter into the record, if I may, Mr. Bertha. | 01:03:40 | |
| A letter. It's a great letter. And this is the original letter that showed that Kevin Ross, mayor a friend, that water could be | 01:03:48 | |
| provided to the original sewer. | 01:03:53 | |
| And the original boundaries. And let's just face it, the elephant in the room here. Let's talk about it. | 01:03:59 | |
| The elephant in the room is whether or not the town has the ability to provide water. | 01:04:04 | |
| And there's some question of that, not for the town's doing, but just because of the region that we're in. So here, Mr. Brucker is | 01:04:10 | |
| even. | 01:04:14 | |
| Again, I go back to the three minutes is up. Can I have somebody yield time to me that's not ours work, I'll ask a question. So it | 01:04:23 | |
| seems kind of significant you brought up the water issue. | 01:04:29 | |
| And I've seen this document that's being passed around, but you mentioned that Mayor Kevin Ross at the time affirmed that they | 01:04:35 | |
| could provide water to those boundaries that he was requesting in 2019. | 01:04:40 | |
| Again, why is that significant? Could he provide the water? Is that possible for you to do that to that two mile plus boundary? | 01:04:47 | |
| I can't address the 2019 question, but I can address a question related to the original when this original urban growth found. | 01:04:55 | |
| Was agreed. | 01:05:05 | |
| The town could affirm that the water would be there. The problem with disagreement, you guys, when you've said that there isn't, | 01:05:06 | |
| nothing is going to change. | 01:05:11 | |
| The problem is before, when you said you limited what type of growth happened in the area, that was OK because you knew water was | 01:05:16 | |
| better available. | 01:05:21 | |
| The law of the expansion of it, that's a little different story, readily available or within whatever the language is within | 01:05:27 | |
| appropriate time. | 01:05:32 | |
| That's really different and the cost is different. | 01:05:38 | |
| So I'm saying my times up and I understand that. Thank you for listening to me. I do hope that you don't adopt an agreement that's | 01:05:42 | |
| 25 years old that has all kinds of issues in it and instead step back, go through the process. | 01:05:50 | |
| And the other processors in order to Mr. Berger can give you this section in order to improve to to start this process. You should | 01:05:59 | |
| have had information from the town. Mr. James, I just want to ask a clarifying question. Monica, when you talk about the provision | 01:06:07 | |
| of water, are you talking about provision of of the resource, the right itself, the provision of water service? | 01:06:15 | |
| The provision of water service. | 01:06:24 | |
| Because. | 01:06:28 | |
| So when the developer comes in, whether that was the subdivisions in Governor's Ranch or Aspen Meadows or new ones coming in, | 01:07:00 | |
| right, the town requires that they bring enough water to the table based on their calculations to go ahead and make sure those | 01:07:06 | |
| homes are supplied with that. And so Eaton holds that water. They they deep that over the Town of Water and through their contract | 01:07:13 | |
| currently with Northwell Water N Wild Water provides the water to those residents. Some of them have two systems because some of | 01:07:19 | |
| them are using. | 01:07:25 | |
| Non portable systems for irrigation of their lawns, some of them are using just straight N total water but that contract with | 01:07:31 | |
| Northwell Water can be entered into and ask for amendment at anytime. So they absolutely can meet that demand and that's how that | 01:07:37 | |
| that is set forth. I appreciate your comments. May I respond back to his question? | 01:07:44 | |
| He brought up Johnstown and the ability to provide services. | 01:07:52 | |
| I think what's unique about this is there's the limitation on. | 01:07:56 | |
| Urban versus non urban in this boundary and this agreement has is treated differently. | 01:08:03 | |
| If if I as a owner want to put in a non urban use. | 01:08:11 | |
| In an urban Rd. boundary area there might be problems because of. | 01:08:17 | |
| So I think the one thing that needs clarified as well is we are in the conversations with writing a new CPA with the town of | 01:08:24 | |
| Eaton. The issue with this was. | 01:08:29 | |
| This map, this map and is very clear in this agreement from clear back in 2019. | 01:09:07 | |
| That the county is required to record that map and I believe we should follow what our green is at this point. | 01:09:12 | |
| Mr. Berger, did you have anything done? | 01:09:19 | |
| Actually a couple of things. One is on the amendment process. | 01:09:22 | |
| It does not require notice to everyone in this. | 01:09:27 | |
| Map area. | 01:09:32 | |
| And what it does is it says directly adjacent. | 01:09:34 | |
| And contiguously previously property previously connected. | 01:09:37 | |
| Within the container within the UGA and capable of and served by municipal services, including fire, sewer, within a reasonable | 01:09:42 | |
| period of time. | 01:09:47 | |
| The fact is this one. | 01:09:53 | |
| Was intended. | 01:09:55 | |
| Primarily. | 01:09:58 | |
| He named Pat Eaton providing those services, water and sewer in that entire area. In fact, there's a provision that. | 01:10:00 | |
| Recognition of the availability of public Warren sewer service within the urban growth area. | 01:10:11 | |
| Syndicated in paragraphs 2 and three above, county will require public water and sewer service as a condition of approval of any | 01:10:17 | |
| subdivision. | 01:10:22 | |
| Rezoning a plan unit development and will not approve such development until the applicant obtains written contract for the same | 01:10:28 | |
| with the municipality. | 01:10:33 | |
| And the fact is that this one was intended to benefit all of the people who are in that area such that they would have the ability | 01:10:38 | |
| to say Eaton would provide us with water and sewer. | 01:10:46 | |
| Again, there are very few of those where municipalities were willing to agree to it. Eaton was one of them. | 01:10:56 | |
| And this one was different than the ones that were approved in the 1990s with their required annexation and they're different than | 01:11:05 | |
| the ones that we started doing in 2015, of which correct. Of which we have a whole bunch of those that got done correct. OK. All | 01:11:12 | |
| right. Thank you, Monica. Thank you. Anybody else like to have public comment? | 01:11:18 | |
| Come on forth. | 01:11:26 | |
| Hi, my name is Ashley Oakland and I live off of Cherry Rd. Cleveland. | 01:11:36 | |
| You know, just sitting here listening to everything, I'm still kind of going back and forth with this. I've been born and raised | 01:11:43 | |
| in Iran, so I've seen a lot of change throughout radio. | 01:11:48 | |
| My father is here, my grandfather is yours. And you know, I would like to see it stay where it is. We can't buy land. We can't | 01:11:54 | |
| grow land. From my understanding, by moving the urban growth boundary, that's giving the potential of growth for subdivisions for | 01:12:01 | |
| whatever we have it to that boundary. | 01:12:08 | |
| And I moved out to 41 because it is the country, it is rule and. | 01:12:16 | |
| If we have any water. | 01:12:24 | |
| You know, you still know, Kevin Ross. So if we have enough water to go out there, then why is my water bill raising? Because | 01:12:27 | |
| Northwest Water doesn't have enough water to supply right now. Why is my raising as a farmer? Because we have to give everybody | 01:12:33 | |
| else water before it comes to us. | 01:12:38 | |
| You know, I in my mind you don't supply more water or build more things if you don't have the infrastructure. And we need to take | 01:12:45 | |
| care of our people right now and worry about saving and preserving what we got from building more and expanding our boundaries to | 01:12:52 | |
| give that potential growth. And in my mind, that's what this is saying to them regardless of what's going on. And if it is no big | 01:12:59 | |
| deal, then why implement it in the 1st place and why go out three miles right away? That's a huge red flag for me. Why not one | 01:13:06 | |
| mile to County Road? | 01:13:13 | |
| 39 Well, you know, whatever it may be one more around. | 01:13:21 | |
| It happens little by little, and once you give in and give these boundaries, there's no taking them back. | 01:13:59 | |
| And that's what I've learned over the years. And so to me, I just go with extreme caution because like I said, you can't buy land. | 01:14:04 | |
| What we got is what we got eaten has its boundaries for town and world. There's no more once it's gone. Thanks, Ashley. Anybody | 01:14:11 | |
| else have further comment? | 01:14:18 | |
| Yes, Sir. | 01:14:27 | |
| Well, my name is Jason Trevino. I live over on County Road 43 and 74 and eat. | 01:14:40 | |
| And. | 01:14:47 | |
| Quick question would be. | 01:14:49 | |
| Of the little story, I have a family member that lives in another another accounting and he was part of urban growth area. | 01:14:51 | |
| In the, he was in the county but for the city of Fort Collins. And when he went to do some improvements on his property, the | 01:15:02 | |
| county basically deferred him to the city. So you're in the urban growth area, you're going to have to follow follow under our | 01:15:09 | |
| restrictions, but also their restrictions. | 01:15:16 | |
| Is that something similar that would happen here? If by improvements you mean like adding an outbuilding or an addition to his | 01:15:23 | |
| house or something, is that kind of what you're referring to? No, that's still with the county. That's our process. You're not | 01:15:30 | |
| changing the use of your property, right? You're not asking to change other than what you're currently approved to do. You're just | 01:15:37 | |
| simply asking to add a different structure that stays the county. This has nothing to do with that. | 01:15:44 | |
| Question, but I mean you're basically friends you the fact that you have the growth of the government when you have the growth of | 01:15:51 | |
| the urban growth boundary. | 01:15:55 | |
| Subject to the rules of that government, this government may change when we have different county commissioners, we will have a | 01:15:59 | |
| different mayor and they may change those rules. So I mean I think your concern is warranted and again that's I think this could | 01:16:04 | |
| have been a community conversation I think. | 01:16:10 | |
| So the one thing that I would say negative response to the young lady that was up to earlier, here's the thing, here's why he's | 01:16:15 | |
| planning, here's why he's planning. Documents are so important. | 01:16:20 | |
| What county is one of the fastest growing counties in the state, Nothing we can do about that, right? I mean the demography is | 01:16:25 | |
| predicting the the county population is going to double between 2040 and 2050 unless we build, unless we build a wall around Weld | 01:16:32 | |
| County, they're still going to keep coming. And so I think the fact that we're having these at least have the have the vision to | 01:16:38 | |
| actually plan for what's coming makes a whole lot of sense because otherwise if you don't plan for what's coming and like I said, | 01:16:45 | |
| we're going to continue to grow. | 01:16:51 | |
| All throughout this county, if it is either the first or second fastest growing county in the state of Colorado. And that's not | 01:16:58 | |
| going to change. | 01:17:01 | |
| So the fact of the matter is these news parties need to plan for what's coming their way so that they're so if they're in a | 01:17:05 | |
| position to be able to deal with the people that are moving in and these urban growth and plans that you guys do are part of that | 01:17:11 | |
| process and they're allowed to fluctuate. I I'm assuming based off of that, I've heard that Murmur County or Royal County is | 01:17:18 | |
| supposed to outgrow Murmur County here shortly. We'll cross Lammer County and population probably in the next four years. | 01:17:25 | |
| So maybe three years. So, so the fact of the matter is all this is as good planning when everyone of our municipalities has an | 01:17:32 | |
| open growth area 3 miles surrounding their town, whether it's all, whether it's severance, whether it's evening, they all have | 01:17:37 | |
| that. | 01:17:42 | |
| That that show urban growth theory doesn't mean that they're gonna annex any of it tomorrow. Then why annex it for 50 years? But | 01:17:48 | |
| they need to have a planning place going forward. | 01:17:53 | |
| Thank you, Mr. | 01:18:00 | |
| Anybody else have any comments they'd like to bring forth? Yes, Sir. | 01:18:02 | |
| Good morning. My name is Chad Sanger. I live on County Road 33. | 01:18:17 | |
| I'm not sure how we got here. What's the problem? There's been a lot of things stirred up. | 01:18:21 | |
| In the last five days. | 01:18:28 | |
| And a lot of. | 01:18:30 | |
| Lack of knowledge I think is a big player here. | 01:18:33 | |
| I think there's a good way to look at this as much as I respect and. | 01:18:36 | |
| Agree with the time of evening is probably way behind on some of the planning things it needs to happen, so I understand that side | 01:18:41 | |
| of it. | 01:18:45 | |
| However, on the other side of it, I think my concern for my property is I'm not worried about the town of Eaton, what they're | 01:18:50 | |
| going to implement so much as it's another seat at the table if I decide to do something with my property. | 01:18:56 | |
| I understand. Ultimately it falls back on you guys to make that decision, right? | 01:19:03 | |
| So I think you can clear this up real easy and I think you've answered a lot of the questions that I think was going around. I'm | 01:19:09 | |
| just not so sure. | 01:19:13 | |
| That moving forward, if the Senate wouldn't not have happened, if the town would reach out or that's my assumption, right They're | 01:19:19 | |
| bringing it to you. | 01:19:23 | |
| For approval, so they did in 2019. | 01:19:29 | |
| Maybe back then letting people know so they could understand it prior to getting here. | 01:19:33 | |
| But I think. | 01:19:40 | |
| The issue that a lot of people are having is what's the future hold. We understand we are governed by low. | 01:19:43 | |
| And back after you would have under that assumption. | 01:19:49 | |
| And that's the fear, right? Is that now somebody else has a seat at the table. | 01:19:53 | |
| And what would I do to AUS? | 01:19:57 | |
| You know, I mean so it may not understand. So so essentially what it is, it's really simply charges the referral process. So if | 01:20:01 | |
| you're within that three mile area, we the developer has to have a conversation with the state, with the town of Eaton or the town | 01:20:08 | |
| of Sevens or whatever and the town can say yeah you want to Most of the time they say no, we have no interest in annexation. But | 01:20:15 | |
| if they say yes we want to annex you, that is still your decision and if you don't want to annex. | 01:20:23 | |
| The town's completely out of the process. It all comes back and everything goes to the county and the USO process, just like it | 01:20:31 | |
| always does and doesn't have anything to do with with what Eaton is saying it has to do with. It meets our seven criteria, | 01:20:36 | |
| absolutely that U.S. law, but the referral opens the door for them. | 01:20:41 | |
| Right. It opens the door for them to have a conversation if if they want to annex, if you want to annex, if they don't want annex | 01:20:47 | |
| or or you don't want annex, fine. If you could both of you want to annex it. It gives them the opportunity as as a landowner and I | 01:20:53 | |
| say I really want to annex the need. And Eden says, you know what, we'll annex you. That's the landowner that's that's making the | 01:20:59 | |
| request, I say, but if they say no here one says no, I don't want to annex. That's the end of the conversation. Even's out or | 01:21:05 | |
| severance is out or whatever. | 01:21:11 | |
| So initial thing and if, if that's. | 01:21:17 | |
| Let me put it a different way here. I brought a USR to the table to you guys like we would have always done. | 01:21:19 | |
| What happens at that point, you retail back to town of Eden? Well, yeah, we we said the way we have the Cpas in place or not. You | 01:21:27 | |
| were referring to all the, all the everybody that would have an impact whether it's C dot, whether it's whatever. | 01:21:34 | |
| It's basically the same brand. It's already what's happening. | 01:21:44 | |
| This just aligns the map with the process because their staff is already sending it out to that three mile boundary. Mr. Stinger. | 01:21:47 | |
| OK, so I think the concern here is, is that. | 01:21:51 | |
| It didn't happen when it was supposed to happen. And I couldn't tell you if the town of Newton sent out a letter back then or not. | 01:21:58 | |
| I don't remember receiving one. I just think it it it surprised us that my God, we're voting unless on Monday morning. | 01:22:04 | |
| This is actually the third reading. | 01:22:11 | |
| About the first and second part of this would have been different. | 01:22:14 | |
| And we probably shame on all of us like it could have come. I don't know. Well they will. They were all noticed just the same in | 01:22:18 | |
| the same process as this third one was perfect. We're not talking about annexation. We're talking about uses. And so again it does | 01:22:24 | |
| say in the the code and this is the concern people are bringing to me and ask me why I let them know that it was the county will | 01:22:31 | |
| deny proposals for non Urban Development, which is AG. | 01:22:37 | |
| In the urban growth. | 01:22:44 | |
| So that's that's what I'm gonna find about annexation necessary. We're talking about, we are talking about USRS and other things. | 01:22:46 | |
| So that's again, we could make a clean up in the language just to make sure that confusion is no longer there. It doesn't say that | 01:22:50 | |
| to me. An interesting statement, Bruce. | 01:22:54 | |
| It says to the extent legally possible as determined by the counting. | 01:22:59 | |
| Which is you have a use by special review that is in the ordinance, in the code. | 01:23:05 | |
| You make the application. | 01:23:12 | |
| That's a legal use if it is approved by the board according the criteria the Commissioner Freeman mentioned. | 01:23:14 | |
| Again, it's not the town of Eden saying you can't approve that pursuant to this agreement it. | 01:23:24 | |
| The county saying yes we can because it's our determination and we've set that forth in the code as being a legal use used by | 01:23:34 | |
| special review if approved by the county commissioners according to their criteria that they set forth in that ordinance. | 01:23:43 | |
| OK, yeah, so that's exactly what you are suggesting. There's also a zoning permit uses that could be denied. Here's a list that | 01:23:53 | |
| was read. So it's not about eating the program or not, it's whether they can rule. | 01:23:58 | |
| I think this most sorry Mr. Chair, is that we are not, as you can see on the same page. | 01:24:04 | |
| That is as dangerous I think to this Board speaking to your microphone period. They need to be able to hear you. Sorry, I just | 01:24:13 | |
| think that that is the most dangerous thing is to have not everybody on the same page and we have somebody. | 01:24:18 | |
| Saying erroneous statements out there, right. So I'm gonna leave it there, but I'm very disappointed that not all of us are on a | 01:24:24 | |
| well understood page of what we're trying to do here, right? Because I see, I see positives on both sides. Don't get me wrong, I | 01:24:31 | |
| do. I think it's good planning. But yet on the other hand. | 01:24:38 | |
| The lack. | 01:24:46 | |
| On this section, it was the problem, right? I mean, we don't we weren't aware of the 1st and 2nd we probably would have been | 01:24:47 | |
| together. | 01:24:51 | |
| Well, ground underneath our feet if we would add them. Thank you, Mr. Sarah. Thank you guys. Somebody else have any further | 01:24:55 | |
| comment? Yes, ma'am. | 01:24:58 | |
| Good morning. My name is Christy Jewel. I live on County Road 33. | 01:25:13 | |
| I just have a couple questions and kind of follow up. It was just being said I don't can you tell us how we were supposed to be | 01:25:18 | |
| notified because. | 01:25:21 | |
| I've only been in accounting for a couple years but did not receive any notification on any of this, so. | 01:25:26 | |
| Can you tell us what kind of going through our notification process? Yes, I mean there is no requirement of notification. | 01:25:32 | |
| To the property owners in the area, so there is no requirement in this part of this agreement to do that. The typical notice that | 01:25:40 | |
| is put forth is pursuant to publish publishing and including it on the website. | 01:25:48 | |
| So that's. | 01:25:57 | |
| Notification process that was followed here as per not only the agreement but as per the county code. OK so it affects us in our | 01:26:01 | |
| specifics, we just have to be looking at the website to. | 01:26:07 | |
| To learn about it. Then it does again. It provides you with the opportunity to. | 01:26:14 | |
| Demand of town the town of Eden that they provide water and. | 01:26:20 | |
| OK. It gives you that opportunity. | 01:26:25 | |
| So OK, that's just different from where I previously came from. And then can you also tell me I guess coming from an area that? | 01:26:28 | |
| Laramie County. That little town, that. | 01:26:36 | |
| Short on water, can you tell me is there a map that shows, I know you said that they're in Johnstown, you can provide the water | 01:26:39 | |
| and it's the. | 01:26:42 | |
| But. | 01:26:46 | |
| A map or anywhere that shows, yes, this is where the water would be good too with the growth. | 01:26:48 | |
| Mr. James. | 01:26:54 | |
| I'm just spitballing with your question like an *** built map where where service is currently on. I would imagine that the | 01:26:56 | |
| municipality, municipality can can provide that. You know it's a matter of of can't immediately versus can again you want | 01:27:02 | |
| Johnstown to run water up to where you are. You know it's all a matter of price quite frankly. But it it's so the ability is | 01:27:08 | |
| there, it's a matter of where the service is now and I think that's what Eaton is committing to do within this map is within this, | 01:27:14 | |
| this three mile boundary. | 01:27:20 | |
| We can service that. That's, I mean, I'm just looking for general headlines over here. You're saying, yes, we can reliably serve | 01:27:26 | |
| that area. | 01:27:29 | |
| That's the main provider for the area whether you're unincorporated or or you're, you're in the town itself, right. The city of | 01:27:35 | |
| Eaton is a customer just like yourself, right. And so yes, they can tap into N rod water system and that covers that entire map | 01:27:42 | |
| and yeah and that's what that sounds good. I just I guess my concern is just the amount of water coming from area where a little | 01:27:49 | |
| town up north Rammer County obviously different county 5. | 01:27:56 | |
| Having problems with water into bringing in new from that sort of our considerations too, right. As we look at new developments, | 01:28:04 | |
| right, whether it's a USR or what not, we make sure that that that is available for them, right. Great question. Thank you. It's | 01:28:11 | |
| kind of like if you build a new house, you can't get a billing permit without the letter that shows that you have. | 01:28:18 | |
| Just went on Instagram recently. Yeah, OK. Sounds great. Thank you. Any other public comment? | 01:28:26 | |
| Yes, Sir. | 01:28:33 | |
| Todd being 1695 Colorado Parkway, I also have owned 300 acres around Mister Sanger. So with this I would be able to flag pull down | 01:28:38 | |
| possibly with heat and put a bunch of houses and that will affect most everybody in here with the traffic on County Road 33, I can | 01:28:44 | |
| see their concerns about that. | 01:28:49 | |
| And I have developed and you know, I invested property, but nobody was noticed. I still can't figure out where Eden. | 01:28:56 | |
| Public notices are that the county has. I may have missed that, Mister Barker. I don't know, but I'll speak on the water. | 01:29:05 | |
| And the account cannot service the area they have now or brown farms would be being developed. | 01:29:13 | |
| OK. And that's Scott Renfro and he's trying to get that developed. He cannot develop that because they don't have the water, but | 01:29:22 | |
| more importantly is the infrastructure. | 01:29:26 | |
| There's a 30 inch line on County Road 72. | 01:29:31 | |
| When I went on the board, I don't know if. | 01:29:34 | |
| North Weld County Water District I was turned in 2020. | 01:29:37 | |
| Or the pipeline you see on the ground was the work I did? | 01:29:40 | |
| That was called the Eating pipeline for A. | 01:29:44 | |
| But you can start paying. | 01:29:47 | |
| And to my understanding, I'm not a bird member anymore, but it's not going to be hooked into the tank on 33 to help eat. | 01:29:50 | |
| It should have been east of 85, five years before I was on the board. | 01:29:57 | |
| And it's the County Road. | 01:30:02 | |
| Probably. Maybe 29 It's jumping around. | 01:30:05 | |
| Out east, we have major, major problems with our dairies. | 01:30:09 | |
| And our water problem is more on the dairyman than the towns. | 01:30:13 | |
| But the town can't provide it until. | 01:30:19 | |
| This happens. | 01:30:24 | |
| And I heard a lot of comments you know about. | 01:30:25 | |
| Businesses not needing more. The water district has to sign off to get a water well, and you're not going to get fire flow out of | 01:30:31 | |
| a water well. So an oil and gas facility not needing water is inaccurate. They have to have fire flowing. | 01:30:38 | |
| Mr. Freeman, I mean, I I think you agree. I said there was a whole lot of things that. | 01:30:46 | |
| Require water and so. | 01:30:51 | |
| And so I just keep hearing these a bunch of non truth. | 01:30:53 | |
| 20/19 A letter said that you can provide. | 01:30:58 | |
| The town of Eat. | 01:31:03 | |
| I personally, and the manager I hired, stopped here, the town of Eaton, twice. | 01:31:05 | |
| I also had a meeting with the mayor and a trustee, and that was on a personal level, but I expressed how much trouble eating is in | 01:31:10 | |
| that time. | 01:31:14 | |
| Eaton has been notified over and over, just like. | 01:31:19 | |
| Just like all of them, they're in north wells. | 01:31:23 | |
| That they're in trouble, so. | 01:31:26 | |
| You know you speak of non truths, That is, I think the letter was March 1st 2019. I stopped in 2018. | 01:31:28 | |
| I knew personally 3. | 01:31:35 | |
| And it was up brigade. We put it on this. | 01:31:39 | |
| Four or five years ago, they would know they put a million cash. | 01:31:43 | |
| And $1,000,000 into NIST. We have to have NIST. I'm heavily involved NIST. | 01:31:47 | |
| And Gelton is coming off by farm in. | 01:31:53 | |
| But that's the the engineers and there's a family to talk about building the wall. The wall has to be built is up to 87 for Glade | 01:31:58 | |
| Reservoir. | 01:32:02 | |
| And we will not get relief on these water systems until this. | 01:32:07 | |
| Is delivered to seven years to build that down. | 01:32:11 | |
| I had a question for Mr. | 01:32:17 | |
| But most wild water. So that's that's been a hot drastic weekend on North World behalf. You know I'm not I'm just telling you in | 01:32:20 | |
| my past I'm just making the the example that's been a topic of conversation is when they shut off those. | 01:32:25 | |
| There's people who had houses willing to be built and they were in that process and not have nowhere to live they could see I put | 01:32:32 | |
| money down and I've talked to a lot of folks that had that issue. Some of us was government contrived. I mean we had a pipeline | 01:32:38 | |
| that was going that was going where it was stopped and they've at one point. But I guess the concern is when I hear the 1st timer | 01:32:45 | |
| for about 2019 weather, I've seen this, I've not seen this letter before but when they said we can guarantee water. | 01:32:52 | |
| That just kind of brings the line belt to me, just based on a waste. That was an example, right So. | 01:33:00 | |
| And again this I'm reading code here. Yes I'm reading code here and it it says in here in some of these that are Cpas that they | 01:33:07 | |
| have to prove up they can provide water and sewer or part of providing that would make sense to have. | 01:33:14 | |
| Infrastructure. Are you saying that Eaton doesn't have the infrastructure or the ability to do that now like in 2019 | 01:33:23 | |
| infrastructure? | 01:33:27 | |
| Or water. Provide what they have now, but Brown fans would be going right in the middle of town and and it's more of an | 01:33:31 | |
| infrastructure problem than water. But pipeline sitting still since before 2012 until maybe 2000. | 01:33:39 | |
| You can't. You're bottlenecked. We got a treatment plant, you know, the newest participants and we need them are going to be up | 01:33:47 | |
| there building a new plant. Then we're going to get pipelines over to eat to give relief. How are they going to do that? | 01:33:53 | |
| I've started out a four and $50 million projected project and Northern is projecting now 1.7 billion and they haven't started. | 01:34:00 | |
| There's going to be $3 billion in my opinion for this and that doesn't include a treatment plant or the infrastructure to get the | 01:34:05 | |
| water to these towns over here. I don't know how we're going. | 01:34:11 | |
| Mr. Bean, that the current situation you're talking about? | 01:34:16 | |
| That affects unincorporated Weld residents or developers just as much as effects the town of Eaton or the town of severance or | 01:34:20 | |
| other subscribers do that in today's world. Is that correct? And it affects everybody. Yeah, absolutely. Yeah, right. So, I mean, | 01:34:27 | |
| that's one of the market situations you're working in. So I appreciate your comments. Yeah, You can't shove the water down the | 01:34:33 | |
| pipeline. You know, you just can't. Thank you. Mr. B, Is there any other comment from the public? | 01:34:39 | |
| I'd like to hear what he's saying they can provide. | 01:34:49 | |
| Mr. Maynard commented to us. Please, thank you. | 01:34:54 | |
| How's it going? My name is Tim Goodman, 43. | 01:35:00 | |
| I was just wanting to show something that I recently seen on news and not really as much 3 minutes since I got it. | 01:35:04 | |
| Where people have lived in agricultural lifestyle for decades are now being told it's against county code. People living with | 01:35:13 | |
| livestock, barns and other rural stables have received warnings that if they don't get rid of it all, they'll face huge fines. And | 01:35:20 | |
| it's happening on the eastern edge of Greeley. That city, like many communities in Northern Colorado, has seen a boom in | 01:35:27 | |
| development and population growth. Your reporter in Northern Colorado, Dylan Thomas, spoke to neighbors in the community. | 01:35:34 | |
| Who are pushing back, joins us live tonight from Well County and Dylan. Some residents even say that because of this issue, | 01:35:41 | |
| they're suddenly facing the possibility of being homeless. | 01:35:46 | |
| Yeah, Michael Trump I spoke with said. They moved to this rural part of Weld County seeking the ag life where they can have | 01:35:53 | |
| chickens, horses, cows, goats and live on their property pretty much to the extent in which they please. But last year suddenly | 01:35:59 | |
| doesn't. Dozens of them found out they were actually in violation of zoning codes, and it wasn't until then that many realized | 01:36:05 | |
| they don't live in agriculture, zoning, they actually live in residential. | 01:36:11 | |
| In a camper in unincorporated Eastern Greeley, Bob Walter recently learned he was violating county code. | 01:36:18 | |
| The county told him his family's property was zoned residential, making his camper illegal to live in. | 01:36:26 | |
| Two weeks, so disconnected from power. Get it ready, Rd. ready and get out of it, I told myself. Well, you know. | 01:36:34 | |
| You're gonna make me homeless. | 01:36:42 | |
| You know, I got no place to go. It's the same problem dozens of his neighbors have come across in recent months, most of whom | 01:36:44 | |
| thought it was zoned agriculture. The eye test looked around and saying, most places have some sort of animals. I mean, there's | 01:36:50 | |
| horses, pigs and goats, moodles, loners. There's everything you can think about here. Pretty much every place that has them down | 01:36:56 | |
| to residential code. Nearly all of that must go. | 01:37:02 | |
| The rocky bar then after eight years not hurt nobody or nothing, and then all of a sudden it turned into cars on his property were | 01:37:09 | |
| a problem. They needed to be hidden by a fence that they could loan out of my house to pay for this. | 01:37:16 | |
| And commercial. You cannot live in an RV that that's in violation of county code. | 01:38:01 | |
| Anywhere in the county. So it's not the fact that he had a long one district, it's a violation of the Ag district as well. I'd | 01:38:06 | |
| like to respond to that as well, so. | 01:38:11 | |
| Those folks is kind of what they call it drive by zone in the 1982. So they really get a choice on how it's the 1962. | 01:38:17 | |
| Data wise sorry 1968 so but they assume they're agriculture the whole time. But back to the danger of I'm sorry I just have to | 01:38:25 | |
| start this way expanding government is this. We had a decision one day about our County Attorney says no we can't help those | 01:38:32 | |
| people and the next day when I presented presented additional information yes we have done this before that opinion changed. | 01:38:39 | |
| So those people, a lot of them could not afford to zone or to zone individual at $3000 a pop. | 01:38:46 | |
| Or pay for surveyor individually provide by providing additional information. They knew they could do that, ask for that, and then | 01:38:53 | |
| receive that confirmation from the board that evening. But they should have had to go through that to get to the point where they | 01:38:58 | |
| had to go to the press, so. | 01:39:03 | |
| One second, Mr. Freeman, just for help, I think there's a sign up sheet out there in the crowd, if you have that. Do you mind | 01:39:10 | |
| taking it to our clerk? If you don't mind, Esther, raise your hand so that we can just have that. Thank you for the record, Mr. | 01:39:15 | |
| Freeman. So, So the one thing that I would say is a little bit of this is buyer beware. I mean, I can't imagine buying a property | 01:39:20 | |
| and not knowing what zone you're in when you bought it. So when they bought those properties when it was 10 years ago or seven | 01:39:26 | |
| years ago, they were zoned all one. | 01:39:31 | |
| So to me that's buyer beware. Don't go buy an all one zone if you want to have AG uses on that property. | 01:39:37 | |
| And I'm going to add on to that, those homes were never zoned back, never ever right. And these these groups, individuals, we | 01:39:44 | |
| hosted a town hall meeting last Tuesday I believe it was and packed house, it was great. We, our planning staff put on an | 01:39:50 | |
| excellent informational event where they showed everybody what it looks like to currently stay in their residential zoning or if | 01:39:57 | |
| they wanted to change over to the agricultural zoning, what that would look like, what those impacts would be so that everybody | 01:40:03 | |
| had the opportunity. | 01:40:09 | |
| Together information and understand right if that was the right decision for them. Great meeting and a lot of good feedback, but | 01:40:15 | |
| appreciate your comments Mr. Goodman. | 01:40:20 | |
| Thank you. Anybody else in the public wish to come forward and address the board. | 01:40:24 | |
| Morning Commissioners, Brad Moose, 22639 County Road 70. I would like to personally thank you guys for the clarification. | 01:40:38 | |
| I heard the first bit of information about this after a. | 01:40:47 | |
| Kind of an open house meeting in Eaton at the Country Club and tried to diffuse some of it right away at the Greeley Farm Show. | 01:40:52 | |
| You know, people said, oh, they're annex and they're annexing. I said no, I don't think that's the correct term. I believe they're | 01:40:57 | |
| updating their comprehensive growth plan. | 01:41:02 | |
| And. | 01:41:08 | |
| It was kind of appalled where the information came from. It was an invitee to speak on behalf of the Country Club and I believe | 01:41:09 | |
| that's where this misinformation came from, Commissioner saying. | 01:41:15 | |
| And I would just encourage you to be. | 01:41:21 | |
| Vigilant and careful. | 01:41:24 | |
| And you know what gets out there in a public forum? Because I think that's why 90% of these people are here because of the | 01:41:26 | |
| misinformation. Thank you. Thank you. And I'll just respond that I didn't get any misinformation. I was invited to speak. | 01:41:33 | |
| All right. Any other public comment? | 01:41:41 | |
| You're not asking to come forward if you don't mind. | 01:41:45 | |
| Is there anything you want to address on the water, anything of that nature that or any of those other comments that you guys | 01:41:49 | |
| would like to to address? Yes. Thanks Commissioner. Appreciate it. I want to specifically address the water and the sewer, so. | 01:41:54 | |
| It is true that we are saying in our agreement that we have the capacity, as Commissioner James says, to provide treatment both at | 01:42:01 | |
| the wastewater treatment plan for the updated on wastewater master plan as well as as well as our water master plan as well. So | 01:42:07 | |
| you're right. The whole idea is how did communities do good planning, how do we plan, how do we budget, how do we know where to | 01:42:12 | |
| invest our dollars? | 01:42:18 | |
| In the future and So what this is, is a referral mechanism so we can talk about what's urban, So it's urban style development | 01:42:25 | |
| happens. What's the impact? How do we plan for that? | 01:42:30 | |
| That no community has inside the urban growth area 100% at at a present limit, as you said, Commissioner James, a part of the | 01:43:07 | |
| negotiations with a willing landowner. | 01:43:13 | |
| Who wants to annex into a community used to talk about how we make that happen. So at the end of the day I'll refer to Mr. Barker. | 01:43:19 | |
| What it comes down to is a will serve letter, so when we serve, we're going to annex someone. | 01:43:24 | |
| And we say that we're going to provide services, we are committing there's an obligation that working living to to provide water | 01:43:30 | |
| and wastewater services. So that's what that is. We take that serious. So when we commit to doing that, there's no what's what's | 01:43:37 | |
| the we're wrong about that. It's at the point of annexation. We have a plan, we have a detailed plan about how the weather gets | 01:43:44 | |
| there, how much water is required, whether it's potable water coming in or non potable water going out to the treatment plant so. | 01:43:52 | |
| With that, I'll go ahead and close public comment. | 01:44:31 | |
| And I will bring this back to the board. | 01:44:34 | |
| Mr. James. | 01:44:39 | |
| Thank you, Mr. Chan. You said the conversation, if I could. | 01:44:41 | |
| It's interesting. I I get to where you're at, Ashley. I heard you loud and clear. | 01:44:46 | |
| In the fact that, you know, I grew up in La Salle and LaSalle hadn't changed much. It looks largely the same weighted when I grew | 01:44:51 | |
| up. However, eating the town that I now live in and have lived in for approaching 27 years, Johnstown has significantly changed. | 01:45:00 | |
| And those of us who grew up in the Weld County of old that was agricultural, that is is, is changing. | 01:45:08 | |
| And for some of us, it's our heart, but that individual, that property owner has the ability. | 01:45:16 | |
| To flanks and do and if it as as the talent. Talent. Geez. I just reverted back about five years in my life the County Attorney | 01:45:23 | |
| has. | 01:45:28 | |
| And I think that is largely concerned largely tied to what you say and what property owners request and what they're legally able | 01:46:06 | |
| to request. | 01:46:10 | |
| Today is largely procedural and then I will in fact just a second offer a motion to approve this because we're simply writing | 01:46:15 | |
| along and it was committed by the county in 2019. We are working on updating that and and I in fact Eaten and Johnstone are being | 01:46:22 | |
| used as Guinea pigs so to speak as as we move forward in having that new era coordinated planning agreement that we address the | 01:46:29 | |
| growth of this, Commissioner Freeman says coming to this, this county. | 01:46:35 | |
| Have to have that as a conversation in a county that respects private property rights but somehow tries to to honor an | 01:46:43 | |
| agricultural heritage and also tries to address. | 01:46:48 | |
| The water issues that we all are very rightly concerned about. So we need to have that conversation as we move forward. And | 01:46:54 | |
| obviously a lot of that emotion is bubbled to the surface today on an issue that is largely procedural. So we will be listening as | 01:46:59 | |
| we move forward and have those conversations about how we work with our municipalities to plan. We went to 32 of them, 33 of them | 01:47:05 | |
| if you're going to count to Timothy who just came on our side of the line. | 01:47:10 | |
| There's a lot of growth that's coming to Royal County and it's getting to be forefront of our conversation. | 01:47:16 | |
| But with that little lecture, this is largely procedural and therefore missionary of Mr. Mayor, you are doing the Irish. I'm an | 01:47:20 | |
| old guy that keeps you Mr. Chair. I would move that we approve on final reading code in this #2024-02. | 01:47:28 | |
| I would second that motion and I and I think all you have to do is is drive over the severance. Not that many years ago severance | 01:47:37 | |
| consisted of Bruce's bar, the town hall and about four houses and I think it's actually bigger than even now, so, so. | 01:47:44 | |
| That's the point of this growth is coming. We can't stop it. So we need to be using good planning tools, not only at the | 01:47:54 | |
| municipalities but at the county level to make sure that we're in a position where we can manage what's coming our way. | 01:48:00 | |
| And thankfully, at the end of this year it's somebody elses problem. | 01:48:08 | |
| Motion on the floor from Commissioner James, the 2nd from Commissioner permitting further discussion. Commissioner say yes, thank | 01:48:13 | |
| you very much. You have some comments. So again, I think a lot of this confusion could have been cleared up by simply amending the | 01:48:18 | |
| language. This does have different language. And I'm reading the code when you're saying the bonus statements, actually reading | 01:48:23 | |
| what's in our code right now, which is different to what a lot and admittedly so different than what we have with a lot of our | 01:48:28 | |
| other communities. | 01:48:33 | |
| And so that's of concern to me because there's been concerning statements made now in this last E greater meeting. But also, you | 01:48:38 | |
| know, Commissioner Freeman at the time, is that we should deny everything that's a counter city CPA that forecasts intent. And so | 01:48:45 | |
| this is one of the reasons I voted no, the first, first rigging and 2nd rating. | 01:48:52 | |
| That I didn't receive actual verification on, so we need to own up to that that we didn't adopt A map. But also again my concern | 01:49:30 | |
| is always when staff recommends something. | 01:49:35 | |
| Twice now, not just once, but twice. And they say we recommend you not adopt this map because we've got these definitions in place | 01:49:41 | |
| that will affect the people in this area. It will affect them, OK, because we have a government of people who sometimes make | 01:49:47 | |
| mistakes. | 01:49:52 | |
| Or change their minds, as we've seen just recently on the East Gorilla case. | 01:49:59 | |
| So to better protect people and make sure they are treated the same inside that boundary as outside that boundary, I think it | 01:50:04 | |
| behooves us to take a minute. | 01:50:08 | |
| And again, we've got a board of human beings that may change your mind occasionally. I would, I'd rather not have that be in the | 01:50:44 | |
| Gray area at all, or any Gray boundaries. | 01:50:48 | |
| You should know what you'd be able to do and ask the Board of County Commissioners to do and have some certainty there and | 01:50:54 | |
| certainly is very important for our business owners especially. | 01:50:58 | |
| Thank you, Mr. Chair, and I do believe though we are. | 01:51:03 | |
| 5 commissioners, 5 not four. We do have 55 and we've come to agreement. | 01:51:09 | |
| To do all we can to help our municipalities, help our citizens, to let them decide what they want to do as well. We've never been. | 01:51:17 | |
| I think this group is as supportive of agriculture as we can be. | 01:51:24 | |
| That's what we're trying to hold on to in Well County. That's what makes Well County so special, if you ask me, are the people | 01:51:32 | |
| that are in agriculture. | 01:51:36 | |
| But again, it's a team of five people that any erroneous statements out there that were said were said. | 01:51:40 | |
| Probably would not have happened if we did a better job to work, I would say as a team. | 01:51:50 | |
| Thank you, miss back. So the only thing that I would add is he said Don't rush this. I think we've been holding on that for four | 01:51:57 | |
| years, I think can't take anything, been rushed here, so. | 01:52:02 | |
| That's I'm. I'm ready to go on with a vote. | 01:52:09 | |
| I do have a few comments. I first and foremost, I want to thank you everybody for coming here today and getting clarification on | 01:52:12 | |
| their questions. That's why we have this process, right? So she can get those questions answered. I'm glad we were able to shed | 01:52:17 | |
| light and accuracy on what those answers are, right. The misinformation thing and how it swirls is it's frightening. It's it's | 01:52:23 | |
| scary. | 01:52:28 | |
| And there's many platforms in which that occurs. And so it's always important, it's accurate. And just like myself and other | 01:52:35 | |
| commissioners this weekend took, and last week during Farm Show and stuff, took a multitude of calls, personal conversations | 01:52:41 | |
| explaining what this was about. | 01:52:46 | |
| These meetings, those questions are important. We always encourage you feel free to reach out to us on that and and just like | 01:52:53 | |
| today bring those questions for us so we can answer those. So I think it's, I think it's important and you know that really shows | 01:52:59 | |
| that government at the local level is irresponsive form of government, right, because you get to touch base with people, share | 01:53:05 | |
| your concerns and actually get an answer. Sometimes you don't like the answer right, but you get an answer in, in an accurate one | 01:53:11 | |
| so. | 01:53:17 | |
| With that, I'll go ahead and call the call. Would you like A roll call vote? | 01:53:24 | |
| Yes, roll call vote please. | 01:53:29 | |
| Mike Freeman, Scott James, what are you saying? | 01:53:31 | |
| Payback. Yes, Kevin Ross, Yes. Let the record reflect Code Ordinance 20/24/02 in a matter repealing and reenacting with amendments | 01:53:36 | |
| Chapter 19 Coordinated Planning Agreements of the Well County Code amendments to Appendix 19G and Appendix 19 I Kersey passes on | 01:53:44 | |
| final reading 421 with Commissioner St. voting no. That concludes planning with that. That brings us to public comment. Is there | 01:53:51 | |
| anybody in the public that wishes to come forward and share anything with the Board of Commissioners? | 01:53:59 | |
| At this time, today's agenda. | 01:54:07 | |
| Again, we ask that you come forward, limit your comments to 3 minutes and direct the board. | 01:54:09 | |
| I see some people are shopping but I don't see anybody coming forward, so at that. | 01:54:16 | |
| Sure, Mr. Bean. | 01:54:20 | |
| Again, please state your name and address for the record. | 01:54:22 | |
| Talk being 1695 Colorado Parkway, I know we've recently had a process of getting rid of the recorded exemption process. | 01:54:27 | |
| And we're going with a royal family. Whatever does that give me? I mean this. This has been a long process. | 01:54:36 | |
| And I don't think words went is you know, my understanding is that the record exemption process was started years ago because | 01:54:43 | |
| farmers asked for it and it was a three-year and you could do it in a record exemption to get a corner off and they didn't have | 01:54:48 | |
| money and so forth but put pivots on. | 01:54:54 | |
| And then I went to five, and then I went to 10 and the ad community asked it to go back to five. | 01:55:00 | |
| And that's where we were and it's completely changed now. And I would just like to know where is it ultimately going? | 01:55:06 | |
| Because it seems like we don't want these lots in Weld County. | 01:55:13 | |
| Maybe it's oil and gas driven setbacks, I don't know. | 01:55:19 | |
| But you know, I don't want to speak on you on our annex and build more houses, but the record exemption process and getting rid of | 01:55:23 | |
| I guess my question and where is that going. So let me see if I support the issue that we had with the with the recorded | 01:55:28 | |
| exemptions is we go out and do 4 hour record exemption and go outside and what you ended up with is a whole bunch of lots of each | 01:55:34 | |
| other. | 01:55:39 | |
| You put a house or whatever it is that you want to do and and so that's really the reason and now what we've got is we've got I | 01:56:19 | |
| don't even know who's probably knows how many. We've got hundreds of recording exemptions that are sitting out there that have | 01:56:27 | |
| never been with our thousands in the Northwell district thousand 6006 thousand would have been done and not been the belt so. | 01:56:35 | |
| I think that there's enough recording. Anybody that wants to build a house out there, there's plenty of not there to get water | 01:56:45 | |
| shortage. | 01:56:48 | |
| So, yeah, I appreciate that. Thank you, Mr. Speaker. And like on my phone just north of Chad saying. | 01:56:51 | |
| There was a common drive for a record exemption. I didn't do. There's two lots and then the the county granted the north lot and | 01:56:59 | |
| access and you know, I don't know why, but they should be still using that one, that one lock or that one entrance on my farm. | 01:57:06 | |
| I don't understand why they would give another access when we're trying to prevent those for safety, you know? And I I don't know | 01:57:15 | |
| why that was. | 01:57:18 | |
| But they went through I think a 15 inch culvert in there and every culvert on that road is 30 inch and they don't handle it when | 01:57:22 | |
| it rains and so. | 01:57:26 | |
| You know, that's what the problems were addressing. Yeah, we got you. And I just wondering where it's called. Thank you. Thank | 01:57:30 | |
| you. Thank you, guys. I appreciate you listening. Appreciate you. Thank you very much. Any other public comment? | 01:57:35 | |
| Seeing none, I'll go ahead and adjourn 1050. Thank you everybody for being here today. | 01:57:43 |