HomeMy WebLinkAbout20243245.tiffRESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN MINOR AMENDMENT, PUDF24-0004, TO THE SPRING
MEADOWS PUD (PUDF22-0004) TO INCLUDE 1041WOGLA USES ON LOT 5 AND
FURTHER CLARIFY USES ON LOTS 1-4 - OLSON BROS, LP, AND
SPRING MEADOWS DEVELOPMENT, LLC, C/O ROGER OLSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 18th day of December, 2024, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Olson Bros, LP, and
Spring Meadows Development, LLC, c/o Roger Olson, P.O. Box 86, Johnstown, Colorado 80534,
requesting a Site Specific Development Plan and Planned Unit Development Final Plan Minor
Amendment, PUDF24-0004, to the Spring Meadows PUD (PUDF22-0004) to include
1041 WOGLA uses on Lot 5 and further clarify uses on Lots 1-4, for a parcel of land located on
the following described real estate, to -wit:
Lots 1-5 of Spring Meadows PUDF22-0004; being
part of the NE1/4 of Section 30, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present/represented at said hearing by Kelsey Bruxvoort,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld
County Planning Commission, and, having been fully informed, finds that this request shall be
approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-7-30.6 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-7-10.K as follows:
A. Section 27-2-10.K.1 — The PUD Amendment must: "Maintain compatibility
within the PUD and to adjacent surrounding uses." The request is for an
amendment to Spring Meadows PUD (PUDF22-0004) to include
1041 WOGLA uses on Lot 5 and further clarify uses on Lots 1-4, specifically
allowing 1041WOGLAs to occur without a primary residence. The
amendment will allow for uses that are considered Use by Right or Uses
Allowed by Permit in the A (Agricultural) Zone District, the primary Zone
District surrounding the subject PUD. The modification of this language will
Cc'. PL(De/MN/KR), ASR(56), CflK) (K,
APPL., APPS. REP.
O2 /07/25
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not negatively affect the compatibility of the PUD with existing surrounding
land uses.
B. Section 27-2-10.K.2 — The PUD Amendment must: "Be in general
conformity with the Comprehensive Plan found in Chapter 22 of this Code
and any County -approved future development plans for the area."
1) Section 22-2-60.B.1 states: "Ensure that surface development
reasonably accommodates mineral extraction." The request is for
an amendment to Spring Meadows PUD (PUDF22-0004) to include
1041WOGLA uses on Lot 5 and further clarify uses on Lots 1-4,
specifically allowing 1041WOGLAs to occur without a primary
residence. This provides for 1041 WOGLAs to be finalized on the
subject PUD, which will allow for mineral extraction.
C. Section 27-2-10.K.3 — The PUD Amendment must: "Address to the
satisfaction of the Board of County Commissioners the requests and
concerns of any referral agency or mineral interest." The PUD is located
within the three (3) mile referral area of the Towns of Johnstown, Milliken,
Mead and Berthoud. Three (3) of the four (4) municipalities did not return a
referral response. Milliken returned a referral on November 27, 2024, with
no concerns. The Weld County Department of Planning Services —
Development Review and the Department of Public Health and
Environment provided referrals with comments that are incorporated into
the request. No outside referral agencies had concerns with the request.
D. Section 27-2-10.K.4 — The PUD Amendment must: "Comply with the
standards detailed in this Section 27-2-10, Article Ill of Chapter 27, and
Article Ill of Chapter 24 of the Weld County Code." The modification of
language to PUDF22-0004 is not a significant change to the PUD. The PUD
will continue to comply with Section 27-2-10 if the modification of the use
language and access is approved.
E. Section 27-2-10.K.5 — The PUD Amendment must: "Be consistent with the
efficient development and preservation of the entire PUD." The request is
for an amendment to Spring Meadows PUD (PUDF22-0004) to include
1041 WOGLA uses on Lot 5, which is actively being farmed, and further
clarify uses on Lots 1-4, specifically allowing 1041WOGLAs to occur
without a primary residence. The proposed location of the 1041 WOGLA,
on Lot 5, will not negatively impact the ability for farming to continue on the
subject lot. 1041 WOGLA24-0018 will be located solely on Lot 4 but will not
impact the ability for Lots 1-3 to be built out and following the operation and
complete reclamation of 1041 WOGLA24-0018, Lot 4 can be built on.
F. Section 27-2-10.K.6 — The PUD Amendment must: "Not affect in a
substantially adverse manner either the enjoyment of land abutting or
across a street from the PUD or the public interest." The PUD is west of
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and adjacent to County Road (CR) 15 and south of and adjacent to CR 42.
The land uses surrounding the subject PUD are rural residential,
agricultural, and oil and gas. The modification of the language and the
access points will not affect the properties across the street or the public
interest, as the uses will be compatible.
G. Section 27-2-10.K.7 — The PUD Amendment must: "Not be granted solely
to confer a special benefit upon any person." The PUD is in harmony with
surrounding land uses, as the original configuration of Spring Meadows
(PUDF22-0004) is not being modified and the uses being added are also
available uses in surrounding zone districts and adjacent lots within the
PUD. The modification of the language will allow a 1041 WOGLA to be
permitted on all the lots in the subdivision. Additionally, this is the only use
that is being further clarified or added to the subject PUD. All lots are
currently owned by the same individual.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Olson Bros, LP, and Spring Meadows Development,
LLC, c/o Roger Olson, for a Site Specific Development Plan and Planned Unit Development Final
Plan Minor Amendment, PUDF24-0004, to the Spring Meadows PUD (PUDF22-0004) to include
1041 WOGLA uses on Lot 5 and further clarify uses on Lots 1-4, on the above referenced parcel
of land, be, and hereby is, granted subject to the following conditions:
1. The Planned Unit Development Plat shall delineate the following:
A. The plat shall be labeled PUDF24-0004.
B. The applicant shall adhere to the plat requirements, in preparation of the
plat, per Section 27-2-30.B.6 of the Weld County Code.
C. All utility easements shall conform to Section 24-3-60 and adhere to the
requirements of the Weld County Code. Utility easements on the plat shall
adhere to the recommendations of the Weld County Utility Coordinating
Advisory Committee, given at their November 10, 2022, meeting.
D. The applicant shall show and label all recorded easements, ditches, and
rights -of -way on the map by book and page number or Reception number.
E. The Planned Unit Development Final Plat shall utilize Plat Certificates A, D
and F, as located in Appendix 24-A of the Weld County Code. Remove
reference to Minor Subdivision and replace with Planned Unit
Development.
F. County Road 15 is a gravel road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate the existing
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right-of-way on the plat. All setbacks shall be measured from the edge of
the right-of-way. This road is maintained by Weld County
G. County Road 42 is a gravel road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate the existing
right-of-way on the plat. All setbacks shall be measured from the edge of
the right-of-way. This road is maintained by Weld County.
H. The applicant shall show and label the permitted and the unpermitted,
existing access locations onto CR 15 and CR 42 and include the access
type. These locations will be reviewed during the plat review.
I. The following notes shall be delineated on the Planned Unit Development
Final Plat:
1) The purpose of this Planned Unit Development Final Plan
Amendment, PUDF24-0004, is to include 1041WOGLA uses on
Lot 5 and remove the residential identification on Lots 1-4, to allow
primary uses other than residential.
2) Planned Unit Development Final Plan Amendment, PUDF24-0004,
is to allow four (4) lots with (E) Estate Zone District uses and one (1)
lot for A (Agricultural) Zone District uses.
3) The Planned Unit Development shall consist of one (1) lot with
Agricultural Zone bulk requirements and uses. Specifically, only
Uses by Right, Accessory Uses, and Uses Allowed by Permit within
the A (Agricultural) Zone District, in subdivisions and historic
townsites, may be allowed. At the time of application, the following
uses are permitted within areas designated forA (Agricultural) Zone
District uses.
a. Uses by Right: Animal boarding and animal training
facilities, where the maximum number of animal units
permitted in Section 23-3-70.D is not exceeded and traffic
to and from the facility does not exceed 60 daily trips;
camping, fishing, hunting, and noncommercial water skiing;
county grader sheds; farming and gardening, including
structures for storage of agricultural equipment and
agricultural products and confinement or protection of
livestock. Converted, partially dismantled, modified, altered
or refurbished manufactured homes shall not be utilized as
agriculturally exempt buildings or for the storage
of agricultural equipment or agricultural products or
confinement or protection of livestock; noncommercial
towers, no taller than 70 feet; police, ambulance, and fire
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stations or facilities; public parks; public schools; one (1)
single-family dwelling, foster care home, or group home,
per legal lot; telecommunication antenna towers, no taller
than 35 feet; utility service facilities; water tanks,
agriculture -related.
b. Accessory Uses: One (1) caregiver of medical marijuana
grown and sold pursuant to the provision of Article 43.3,
Title 12, C.R.S., and for a purpose authorized by Section 14
of Article XVIII of the Colorado Constitution, per Legal Lot,
as per Chapter 12, Article VII of the Weld County Code;
One (1) Cargo Container, in accordance with
Section 23-4-1100, per legal lot; one (1) dwelling unit
accessory to a single-family dwelling, per legal lot;
noncommercial junkyard, as long as it is enclosed within a
building or structure, or screened from all adjacent
properties and public rights -of -way, in conformance with a
Screening Plan, approved by the Department of Planning
Services; Offices; outdoor storage of materials accessory to
an allowed use, as long as the materials are screened from
adjacent lots and rights -of -way; parking areas and parking
structures, not including parking of commercial vehicles;
structures and buildings, accessory to uses permitted under
Section 23-3-45 or Section 23-3-55 of Chapter 23 of the
Weld County Code; swimming pools, tennis courts and
similar accessory uses, and structures; and wind
generators, allowed as accessory uses in Section 23-4-450
of the Weld County Code;
c. Uses Allowed by Permit: Agricultural Support and Service,
Agritainment, agriculture -related event facilities,
agritourism, and hunting lodges, permitted under
Chapter 23, Article IV, Division 17 of the Weld County Code;
bed and breakfast facilities, permitted under Chapter 23,
Article IV, Division 17 of the Weld County Code; brew pubs,
breweries, distilleries, and wineries, permitted under
Chapter 23, Article IV, Division 17 of the Weld County Code;
parking of one (1) commercial vehicle, per legal lot,
permitted under Chapter 23, Article IV, Division 12 of the
Weld County Code; community buildings, permitted under
Chapter 23, Article IV, Division 17 of the Weld County Code;
contractor's shops permitted under Chapter 23, Article IV,
Division 17 of of the Weld County Code; golf courses
permitted under Chapter 23, Article IV, Division 17; home
occupations permitted under Chapter 23, Article IV,
Division 13 of the Weld County Code; keeping between five
(5) and eight (8) household pets of one (1) species, or
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between eight (8) and 16 household pets of two (2) or more
species and, in addition, up to 30 birds, permitted under
Chapter 23, Article IV, Division 17 of the Weld County Code;
manufactured homes and structures permitted under
Chapter 23, Article IV, Division 3 of the Weld County Code;
noncommercial towers between 70 and 130 feet in height,
permitted under Section 23-4-895 of the Weld County Code;
one (1) semi -trailer used as accessory storage, per legal lot,
permitted under Chapter 23, Article IV, Division 11 of the
Weld County Code; shooting ranges, permitted under
Chapter 23, Article IV, Division 17 of the Weld County Code;
solar energy facility (5 ACRE SEF), being less than five (5)
acres in size, subject to the additional requirements of
Section 23-4-1030 of the Weld County Code;
telecommunications antenna towers between 35 and 70
feet in height, permitted under Chapter 23, Article IV,
Division 10 of the Weld County Code; temporary seasonal
uses, permitted under Chapter 23, Article IV, Division 7 of
the Weld County Code; Veterinary clinics or animal
hospitals, permitted under Chapter 23, Article IV,
Division 17 of the Weld County Code; wind generators
requiring a Zoning Permit under Chapter 23, Article IV,
Division 6 of the Weld County Code; oil and gas facilities
requiring a 1041 WOGLA Permit; and pipelines — natural gas
or pipelines — petroleum products other than natural gas
requiring a lap permit.
4) The Planned Unit Development shall contain four (4) lots with
Estate Zone bulk requirements and uses. Specifically, only Uses by
Right, Uses by Site Plan Review, Accessory Uses, and Uses by
Permit within the E (Estate) Zone District may be allowed. At the
time of application, the following uses are permitted within areas
designated for E (Estate) Zone District uses.
a. Uses by Right: gardening, fishing and noncommercial water
skiing; one (1) noncommercial tower up to 40 feet in height,
per legal lot; public parks; public schools; one (1)
single-family dwelling, foster care come; or group home
facility, per legal lot; and utility service facilities.
b. Uses by Site Plan Review: churches, golf courses; police,
ambulance and fire stations or facilities; private schools; and
public and private recreational facilities.
c. Accessory Uses: animal boarding and animal training
facilities where the maximum number of animal units
permitted in the bulk requirements is not exceeded and
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traffic to and from the facility does not exceed 60 daily trips;
one (1) dwelling unit accessory to a single-family dwelling,
per legal lot, subject to the provisions of Chapter 23,
Article IV, Division 8; farming; parking areas and parking
structures, not to include parking of commercial vehicles;
structures and buildings accessory to Uses by Right, not
including cargo containers; swimming pools, tennis courts
and similar accessory uses and structures; and accessory
wind generators.
d. Uses by Permit: Class I and Class II home occupations
requiring a Zoning Permit; one (1) noncommercial tower
between 40 and 70 feet in height, per legal lot, requiring a
Zoning Permit; oil and gas facilities requiring a 1041 WOGLA
Permit; parking of one (1) commercial vehicle, per legal lot,
requiring a Zoning Permit; pipelines — natural gas or
pipelines — petroleum products other than natural gas
requiring a LAP Permit; and wind generators requiring a
Zoning Permit.
5) No Use by Special Review Permit(s) shall be permitted within this
Planned Unit Development.
6) No Building Permits shall be issued on phase II (Lots 1, 2 and 3)
until evidence has been provided that water service has been
established and taps have been obtained from the Town of
Johnstown or the Little Thompson Water District.
7) Any future subdivision of land shall be in accordance with
Chapters 24 and 27 of the Weld County Code, as amended.
8) The existing 1,800 square -foot building (located in the northeast
portion of lot 5), constructed in 1962, is a non -conforming structure.
Per the Weld County Code: "No such nonconforming structure or
nonconforming portion of a structure may be expanded, enlarged,
or altered in a way, which increases its nonconformity, except that
those structures that are nonconforming by reason of
noncompliance with existing setback requirements may be
expanded or enlarged so long as such expansion or enlargement
does not further diminish the nonconforming setback. No expansion
or enlargement of structures shall be allowed within an existing
right-of-way."
9) Installation of utilities and requirements of the service providers
shall comply with Section 24-3-60 and Section 24-3-180 of the Weld
County Code. No property owner shall construct any improvements
within identified easements.
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10) Water service may be obtained from the Town of Johnstown or the
Little Thompson Water District.
11) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment Systems (OWTS), designed in accordance with the
regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or
modification of the system.
12) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
13) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
14) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
15) The PUD roadway shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
16) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
17) Weld County is not responsible for the maintenance of on -site
drainage related features.
18) The historical flow patterns and runoff amounts on the site will be
maintained.
19) Weld County is not responsible for the maintenance of on -site
subdivision roads.
20) All proposed or existing structures will, or do, meet the minimum
setback and offset requirements for the zone district in which the
property is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future
right-of-way line.
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21) Building Permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Agriculturally
Exempt Building, per the requirements of Section 29-1-20 and
Section 29-3-20.6.13 of the Weld County Code, do not need
Building Permits, however, a Certificate of Compliance must be filed
with the Department of Planning Services and an Electrical and/or
Plumbing Permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
22) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
23) The property owner shall be responsible for complying with the
Chapter 27, Article III of the Weld County Code.
24) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval and plat notes
stated herein and all applicable Weld County regulations.
25) The site shall maintain compliance, at all times, with the
requirements of the Weld County Department of Public Works,
Public Health and Environment, Planning Services, and all
applicable Weld County regulations in accordance with the
approved Planned Unit Development final drainage report and
construction plans, the accepted and recorded improvements
agreement for on -site improvements, the signed PUDF24-0004
Board of County Commissioners Resolution, and the recorded
PUDF24-0004 plat.
26) The site shall maintain compliance, at all times, with the
requirements of the Weld County Government and the adopted
Weld County Code and Policies in accordance with the approved
Planned Unit Development final drainage report and construction
plans, the accepted and recorded improvements agreement for
on -site improvements, the signed PUDF24-0004 Board of County
Commissioners Resolution, and the recorded PUDF24-0004 plat.
27) No development activity shall commence, nor shall any Building
Permits be issued on the property, until the Final Plan has been
approved and recorded.
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28) The Amended PUD Final Plan process shall be followed when
proposing changes to a recorded Planned Unit Development plat,
as described in Chapter 27 of the Weld County Code, as amended.
29) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code, as amended,
in accordance with the approved Planned Unit Development Final
Drainage Report and construction plans, the accepted and
recorded improvements agreement for on -site improvements, the
signed Board of County Commissioners Resolution, PUDF24-0004,
and the recorded PUDF24-0004 plat.
30) Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34 of the Colorado Revised Statutes, minerals
are vital resources because (a) the state's commercial mineral
deposits are essential to the state's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and
(c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens
of the populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
31) The Weld County Right to Farm Statement, as it appears in Section
22-2-30.A.4.a of the Weld County Code, shall be placed on the plat
and recognized at all times.
2. Prior to Construction:
A. Obtain development Access Permit for the access of Cedar Court onto
CR 15. It is noted that the access from Lot 4 currently has an oil and gas
Access Permit, AP24-0062. At such time in the future when the access use
changes, a new Access Permit will be required.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
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of Approval. The Mylar plat shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of the Weld County Code. The Mylar plat and
additional requirements shall be recorded within three (3) years from the date of
the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. If a plat has not been recorded within
three (3) years of the date of the approval of the Planned Unit Development (PUD)
Final Plan, or within a date specified by the Board of County Commissioners, the
Board may require the landowner to appear before it and present evidence
substantiating that the PUD has not been abandoned and that the applicant
possesses the willingness and ability to record the plat. The Board of County
Commissioners may extend the date for recording the plat. If the Board determines
that conditions supporting the original approval of the PUD cannot be met, the
Board may, after a public hearing, revoke the PUD.
4. The conditions of approval must be met, and the plat submitted for recording within
60 days of approval by the Board of County Commissioners, or the application may
be forwarded to the Board of County Commissioners for reconsideration. The
property owner shall be notified of the hearing at least 15 days prior to the hearing.
The Board of County Commissioners may, after a public hearing, rescind the
approval.
5. In accordance with Appendix 5-J of the Weld County Code, should the Planned
Unit Development Final Plat not be recorded within the specified timeline from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance fee shall be added for each additional three (3) month period.
6. Following recordation of the Planned Unit Development Final Plat, the property
owners shall create and record deeds for all lots, which shall include the legal
description of each lot and the Reception number of the amended Planned Unit
Development Final Plat. New deeds are required even if lots will remain under the
same ownership. Failure to do so may create issues with the proper assessment
of the lots by the Weld County Assessor's Office and may create a clouded chain
of title.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD CO)J.PI-T- ,
ATTEST: d.,,,tticA)
Weld County Clerk to the Board
eYCH .11A11,01 —
Deputy Clerk to the Board
APVED AS • ORM:
ounty .rney
Date of signature: I I 1z5
O
KeyicD. Ross, Chair
Perry L. ck, Pro-Tem
Mike Freeman
EXCUSED
Scott K. James
aine
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