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ROLL CALL

MINUTES

AMENDMENTS TO AGENDA

CONSENT AGENDA

PRESENTATIONS: 1) LIFE SAVING AWARD, SHERIFF’S OFFICE – NATHAN BURKE

WARRANTS: 1) GENERAL WARRANTS – FEBRUARY 2, 2024

2) COMMISSIONER WARRANTS (LORI SAINE) – FEBRUARY 2, 2024

BIDS: 1) APPROVE BID #B2300205, WELLNESS PLATFORM SOLUTION – DEPARTMENTS OF INFORMATION TECHNOLOGY AND HUMAN RESOURCES

2) APPROVE BID #B2300217, COMMUNITY CORRECTIONS HEAT RECOVERY VENTILATION (HRV) REPLACEMENT – FACILITIES DEPARTMENT

3) PRESENT BID #B2400042, JAIL 1 EAST ROOF TOP UNIT (RTU) REPLACEMENT – FACILITIES DEPARTMENT

4) PRESENT BID #B2400002, MOBILE MEDICAL UNIT (QTY 1) – DEPARTMENT OF FLEET SERVICES

5) PRESENT BID #B2400003, TANDEM AXLE TRACTOR WITH WET KIT (QTY 1) – DEPARTMENTS OF FLEET SERVICES AND PUBLIC WORKS

6) PRESENT BID #B2400006, ROADSIDE HERBICIDE SPRAY TRUCK (QTY 1) – DEPARTMENTS OF FLEET SERVICES AND PUBLIC WORKS

7) PRESENT BID #B2400035, 2024 SIGN MATERIAL – DEPARTMENT OF PUBLIC WORKS

8) PRESENT BID #B2400036, TRAFFIC PAINT AND BEADS – DEPARTMENT OF PUBLIC WORKS

9) PRESENT BID #B2400045, ENFORCEMENT SERVICES FOR WEED MOWING AND/OR SPRAYING – DEPARTMENT OF PUBLIC WORKS

NEW BUSINESS: 1) CONSIDER CONTRACT ID #7795 EQUITABLE SHARING AGREEMENT AND CERTIFICATION, AND AUTHORIZE SHERIFF’S OFFICE TO SUBMIT ELECTRONICALLY

2) CONSIDER TEMPORARY CLOSURE OF CR 54 BETWEEN CRS 43 AND 45

3) CONSIDER TEMPORARY CLOSURE OF CR 39 BETWEEN CRS 72 AND 74

PLANNING: 1)FINAL READING OF CODE ORDINANCE #2024-02, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS OF THE WELD COUNTY CODE (AMENDMENTS TO APPENDIX 19-G – EATON AND APPENDIX 19-I – KERSEY)

SCOTT MOSER

TED MIKA

RON MITCHELL

MONICA MIKA

ASHLEY ARPIN

JATHAN TREVENA

CHAD SANGER

CHRISTIE JUHL

TODD BEAN

TIM GOODMAN

BRAD MOOS

PLANNING: 1)FINAL READING OF CODE ORDINANCE #2024-02, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS OF THE WELD COUNTY CODE (AMENDMENTS TO APPENDIX 19-G – EATON AND APPENDIX 19-I – KERSEY) - CONT'D

PLANNING: 1)FINAL READING OF CODE ORDINANCE #2024-02, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS OF THE WELD COUNTY CODE (AMENDMENTS TO APPENDIX 19-G – EATON AND APPENDIX 19-I – KERSEY) - CONT'D

PUBLIC COMMENT

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
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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