HomeMy WebLinkAbout20220687.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 15, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Pamela Edens,
Michael Palizzi.
Absent/Excused: Michael Wailes.
The Chair announced that Michael Wailes has recused himself from today's hearing cases.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 1, 2022 Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Lonnie Ford. Motion passed unanimously.
CASE NUMBER: COZ21-0010
APPLICANT: R.H. AMEN FARMS, LLC
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: BEING PART OF THE E2 AND PART OF THE NW4 OF SECTION 19, T5N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 56; APPROXIMATELY 0.5 MILES EAST OF
CR 13.
Angela Snyder, Planning Services, presented Case COZ21-0010, reading the recommendation and
comments into the record. Ms. Snyder provided a detailed report of how the applicant has complied with
the five (5) criteria for the change of zone.
Ms. Snyder stated that the third parcel is land -locked and there is no access outside of the Great Western
right-of-way. Dedicating a 60 -foot right-of-way to this parcel would involve properties not owned by the
applicant and may prove to difficult. Staff has recommended to the applicant that this parcel be removed
from the request.
Ms. Snyder said that Staff finds that many aspects of the particular location of this proposed zone change
are ideal being located adjacent to railroads and adequately set back from the highway and from residential
neighborhoods which protects that gateway corridor. The Department of Planning Services recommends
approval of this application provided that County Road 56 be made adequate through an Improvements
Agreement.
Commissioner Cope referred to the comment regarding a sound barrier but clarified if it had more to do
with the trains than the potential industrial use. Ms. Snyder said that it is an example but if you are closer
than the 510 feet a sound wall or buffer should be installed.
Commissioner Holland asked if sanitary sewer service would be required in the future through Johnstown.
Ms. Snyder said that often they don't need sanitary sewer but if they increase the number of employees
they would reach a point that it would require sewer service. While the zoning is correct, in order to get the
site plan approved they would have to hook up to sewer and Staff just wanted to make sure the applicant
understood that it may require annexation.
Melissa King, Development Review, reported on access to the site. Ms. King stated that according to the
Weld County Code, the change of zone requires that the roads providing access to the properties are
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adequate in size to meet the requirements of the proposed zone district. Considering the proposed zoning
is heavy industrial, the potential uses allowed in this zone district the traffic typically associated with these
uses, the existing traffic on the roads and the existing condition of these roads, Staff has determined that
County Road 15 is adequate and functional classification, width and structural capacity to meet the potential
traffic requirements. However, County Road 56, while adequate and functional classification is not
adequate in width and structural capacity to meet the potential traffic requirements of heavy industrial.
Therefore, an Improvements Agreement will be required.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that since the adoption of
Weld County Ordinance 2019-02, commercial and industrial uses are no longer allowed in the agricultural
zone unless they are agriculture or oil and gas. Therefore, you are seeing a change of zone to do what
used to be a typical USR permit. Mr. Naylor noted that the applicants are proposing an RV facility on this
site so they are requesting a change of zone to the 1-3 Zone District.
Mr. Naylor pointed out the 1-3 Zone Districts approved in the area and the railroads. He added that there
is a construction business located directly east of County Road 56 on County Road 15 and a wedding
venue on that corner as well. He noted that the surrounding properties are already established as industrial
uses. The applicants are willing to provide a buffer from their industrial uses with their agricultural land to
minimize the impacts of the residential properties to the east. Mr. Naylor noted that this site is also located
in an urban/non-urban mix and compatible with existing and future development of the Weld County
Comprehensive Plan.
Mr. Naylor said that they do believe County Road 15 is adequate and have offered to enter into an
Improvements Agreement with County Road 56. He added that County Road 56 has some issues and said
it is not located within the county right-of-way but rather located on the applicant's property. Mr. Naylor
stated that it is not on the 2045 road improvements project list. Therefore they assume the roadway was
adequate however, it doesn't meet the minimum standards of Weld County's road requirements in Chapter
8. Mr. Naylor stated that they believe the County has an obligation to at least have the minimum road
standard requirements met with the county road and that it shouldn't be the applicant's responsibility to
bring it up to a minimum road standard. He agreed that if they would do something beyond what the
minimum standard is, such as turn lanes, paving, lighted intersections then development is responsible. He
said that while they are in agreement to enter into an improvements agreement they would like to have that
provided prior to the County Commissioner hearing so that they can vet it and work with it with the County
Commissioners instead of after the fact and then having to address these issues. .
Mr. Naylor said that they are committed to working with Staff and will enter into an agreement with the
County but not sure how that should look at this point. He stated that they believe they have met the
requirements of approval.
Commissioner Holland clarified if they are willing to move forward with this application on the basis of the
County making improvements to County Road 56. Mr. Naylor said that they would like to have that
discussion of how to get there. He added that the road is not located in the right-of-way so they need to
have a discussion with the applicant on dedicating right-of-way and also how to bring the road up to
minimum standards. Mr. Naylor said that they entered into this change of zone application request with the
assumption that the roads are at least to minimum standard and then they can evaluate whether their
project is going to exceed that and what those ramifications would be beyond those minimum standards.
Commissioner Hatch asked if the road was built by Weld County or if it was a private road obtained by Weld
County. Mr. Naylor replied that he didn't know that but understands that it has been maintained by the
County for years. He added that the USRs in the area were approved in 2015 and it was a county -
maintained road at that time but believes that it is at least 20 years that it is a county -maintained road.
Commissioner Edens asked how they can approve sending this to the County Commissioners when the
roads are not worked out. Ms. Snyder referred to the Weld County Code and said that when we are looking
at a change of zone and if the road is not adequate they are allowed to enter into an Improvements
Agreement with the applicant to protect the future. She added that the Code does offer a Capital Front End
Contribution Agreement program so if there is dedication of roads or construction of roads then they would
get a credit back. So there would be an Improvements Agreement but there would also be a Capital Front
End Contribution Agreement that would compensate the landowner for the improvements that they would
have made and the land they would have dedicated for the right of way. Ms. King said that you have seen
multiple change of zone applications, but this is the first time they have had a change of zone where this
part of the code has been activated. She added that there is a section of the code that says before the
zone district is changed the roads need to be adequate and the access needs to be adequate. She further
added that is all that Development Review looks at for change of zone. In this case, while the road is
adequate for an agricultural use and zoning, it is not adequate for industrial. Therefore, that is why the
Improvements Agreement would be triggered. Ms. King said that they have really wrestled with this and
have tried to work with the applicant to try and resolve how the current road situation, while adequate for
agricultural, may not be for heavy industrial and the proposed uses.
Commissioner Edens said she is concerned that our roads are not up to standards. Mr. Naylor appreciates
Staff working with them and added that he agrees with entering into an Improvements Agreement. He
added that they want to make sure and put it on the record that the road is not adequate and should have
been.
Commissioner White stated that he doesn't know that it is the Planning Commission's purview to decide
and believes it is a County Commissioner decision. He doesn't think he would be comfortable with deciding
this.
Karin McDougal, County Attorney, said that there is a condition of approval that the applicant agrees to
enter into an Improvements Agreement. What the applicant is saying is that they have concerns about
what that Improvements Agreement is going to look like but she doesn't believe that the applicant is asking
that the Improvements Agreement be determined here and said it will be a negotiation with Staff and the
County. Ms. McDougal stated that the Planning Commission only needs to look at whether the applicant
is willing to enter into that Improvements Agreement for the change of zone.
Commissioner Cope asked if County Road 56 is classified as a local gravel road and as of today's date
does it meet those standards. Ms. King said that she has not been out there but understands from Public
Works Staff that there are certain areas of the road that are not the correct width and that there are some
structural issues associated with the road.
Commissioner Cope referred to the 30 -foot access and utility easement and asked if that is the only access
off of this parcel that goes onto the county road. Mr. Naylor replied yes. Mr. Cope asked if that access
goes across the railroad tracks. Mr. Naylor replied that it is permitted to go over the railroad tracks.
Commissioner Cope is concerned with the access of the roads and asked Staff what the distance is from
access points on County Road 15. Ms. King replied that the distance is 150 feet. Mr. Cope said that it
appears on the aerial map that Parcels 2 and 3 will have potential access conflicts. Mr. Naylor said that
the space between the railroad tracks is approximately 750 feet. He added that currently they utilize the
north access and bring in silage. He said that they would like to maintain that until the site development
plan when the user comes in and then they will discontinue the agricultural use of those accesses. He said
that there shouldn't be an issue but it will be determined at site plan review.
Commissioner Cope referred to southern property where there is not access at all to County Road 15 and
asked how that property is served. Mr. Naylor said they have had a historic agreement with the property
owner to the south to access that. He added that land was just part of their property and as they were
going through the process they decided to include it in the 1-3 but has minimal use.
Commissioner Cope asked Staff if the applicants were able to get an access from Parcel 3 going north into
Parcel 2 considered an adequate access. Ms. King said that they can look at that if there is some easement
over the railroad to head north to the middle parcel but generally they look if they have direct access to a
county road. Mr. Cope said that will be his concern with reviewing Parcel 3 because it doesn't appear to
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meet the criteria of having adequate access. Mr. Naylor said if it is a concern and your recommendation
would be to remove that parcel then they understand that and would support it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Chris Friede, 6943 CR 56, stated that she is the owner of the wedding venue. Ms. Friede expressed
concerns about the dust and the negative impact it would have on her wedding ceremonies and events.
She added that there is already a lot of dust and has requested mag chloride but told that there is not
enough traffic for this road yet. Ms. Friede asked if there is another access or any other kind of buffering
because her venue is right along County Road 56.
Janet Ross, 6248 CR 56, stated that she lives on the west end of County Road 56 between the railroad
tracks. Ms. Ross expressed concerns regarding what part of County Road 56 will be improved. She added
that it has been a farm road for over 35 years. She is not in support for paving of the road but is in support
of putting a speed limit of 20 mph on the road because everyone likes to speed and use jake brakes.
Matt Brown, 27121 Coyote Ridge Lane, stated that they have been affected a little bit from Rock and Rail
and this project also has some concerns with noise and dust. Mr. Brown expressed concern regarding the
access from County Road 15 to Highway 34. He added that a lot of improvements were made to County
Road 13 to allow for the amount of traffic and the light added at County Road 13 now gives them access at
County Road 15 to get to school. He added that the east bound acceleration lane from County Road 15
onto Highway 34 is not adequate at all for any kind of truck traffic. Mr. Brown requested a traffic evaluation
at County Road 15 and Highway 34.
John Cummings, 26700 CR 13, asked to what extent of County Road 56 would be improved. He said it
should be all the way from County Road 13 to County Road 15 as if it is zoned 1-3 that is the route they will
go. Mr. Cummings added that along County Road 56 is a historic irrigation ditch and expressed concern
on how the impact of getting right-of-way will be for those irrigation ditches.
Mr. Naylor said that when they address the road impacts it will be at the site development phase of this
project. He added that traffic will be dependent and directed based on the site plan review. Mr. Naylor said
that they would anticipate with a site development plan for an RV storage that the preferred haul route
would be to go out to County Road 13.
Mr. Naylor referred to Mr. Cummings' point of irrigation ditches and said that they want to maintain those
ditches. He added that the portion of the road that is in question of right-of-way is just what encircles that
lake so the irrigation ditches should not be impacted from those improvements.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Commissioner Cope expressed concern with Parcel 3 and wished to discuss the access. He added that
he understands that they currently have an agreement with the neighbor to be able to use that as an access
across their land, but if this goes to a 1-3 they don't know how much use there could be or would be and
doesn't know if that agreement would hold up. Mr. Cope referred to Criteria 4 that the street/road or highway
facilities providing access to the property are adequate in size to meet the requirements of the proposed
zone district and said that for just Parcel 3 he expressed concern that there is not adequate possibility there.
Mr. Cope said that the applicant is willing to remove that parcel from the request but is unsure if that needs
to be done at this stage or at the County Commissioner hearing.
Ms. McDougal said that if you are going to make a motion to take that parcel out then you would have to
call the applicant back up to agree to the conditions of approval. Ms. Snyder referred to Condition of
Approval 1.B that states that the applicant may dedicate a 60 -foot public road right-of-way that meets the
design standards to provide access to that southern parcel or alternatively, the applicant may remove the
parcel from the request. She added that by including that as a Condition of Approval that would give the
applicant options of either providing access or removing the parcel and said that she believes this would
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address Mr. Cope's concern. Mr. Cope said that would resolve his concern and doesn't have an issue as
long as they can get access to it.
Motion: Forward Case COZ21-0010 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Sam Gluck, Seconded
by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope.
The Chair called a recess at 2:00 p.m. and reconvened the hearing at 2:07 p.m.
CASE NUMBER: COZ21-0011
APPLICANT: J & K INVESTMENTS, LLC
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX15-0078, BEING PART NE4 SECTION 19, T5N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 500 -FEET SOUTH OF CR 56; APPROXIMATELY 1,800 -
FEET WEST OF CR 15.
Chris Gathman, Planning Services, presented Case COZ21-0011, reading the recommendation and
comments into the record. Mr. Gathman noted that there is an existing USR on both this parcel and the
adjacent parcel under proposed COZ21-0012. Both parcels share an access point that crosses one of the
parcels covered under COZ21-0010 that accesses directly onto County Road 56. The Department of
Planning Services recommends approval of this application along with conditions of approval.
Commissioner Holland referred to the criteria that they should have adequate water and sewer and asked
if we should also add firefighting. Mr. Gathman said that this case was sent to Front Range Fire Protection
District for review and read their comments into the record. Tim Naylor, AGPROfessionals, pointed out on
a visual map that there is a fire hydrant located in the corner of the parcel. Mr. Holland said that is not
adequate for firefighting as there is only one entrance and one exit and doesn't meet minimum firefighting
requirements. Mr. Gathman said that there are existing building permits that were issued for both parcels
and those building permits do require a sign off from the fire district. He added that there was a water line
installed on the adjacent property and there is a condition of approval included from the water district. Mr.
Gathman said that according to the Fire District's referral they state that any future building construction
must be approved and permitted by the fire district prior to construction. Additionally, any transloading
operation of hazardous materials must be approved by the fire district. Mr. Gathman said that at if the
applicant wants to build in the future they will have to obtain a building permit and will need to get approval
from the fire district.
Melissa King, Development Review, reported on the existing traffic and access to the site. Ms. King stated
that according to the Weld County Code for change of zone requires that the road providing access to the
property is adequate in size to meet the requirements of the proposed zone district. Considering the
proposed zoning is heavy industrial the potential uses allowed in this zone district, the traffic typically
associated with these uses, the existing traffic on the roads and the existing conditions of this road, Staff
has determined that while County Road 56 is adequate and functional classification it is not adequate in
width or structural capacity to meet the potential traffic requirements. Therefore, the applicant shall supply
information that demonstrates willingness and financial capability to upgrade County Road 56 in
conformance with the transportation plan. She added that this shall be shown by an Improvements
Agreement or contract guaranteeing installation of improvements by the applicant made in conformance
with the county policy for collateral improvements.
Commissioner Hatch asked if that language is similar as the previous application. Ms. King said that it is
exactly the same and taken directly from the code. Mr. Hatch said that all three of these projects are utilizing
the same access and asked who shares that responsibility and expense. Ms. King said that the
Improvements Agreement would be something worked out with all three parties.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that when they started working
with R.H. Amen and the Wailes family on changing zone it seemed like an opportunity to bring the area into
industrial use and make it fit that area. Mr. Naylor said that there is an existing USR on this property and
so you can see their concern that the road needs to be upgraded now when this existing facility hasn't
changed their use at all. He added that they are acceptable to an Improvements Agreement to work through
that process. Mr. Naylor referred to Commissioner Holland's inquire about fire protection and said that
there is an access that runs along the railroad to County Road 15 to that access in question at the last
hearing. He added that it is a secondary access for the fire district and is capable of carrying 75,000 -pound
vehicles and there are two fire hydrants in the area.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Janet Ross, 6248 CR 56, Loveland, Colorado, stated that her property is adjacent to this and if this is going
to be 1-3 she would like to request a berm or some king of insulation from the noise. She added that she
hasn't had too much issue with the USR but isn't sure what will happen with the change of zone to industrial.
Ms. Ross expressed concerned with traffic and irrigation ditch from the lake to County Road 56 and then
underneath the tracks.
Mr. Naylor said that they are not asking for a change of use, but for a change of zone to better reflect what
is under the current USR. He appreciated that Ms. Ross is here to address this and that W3, Sunhall and
Coyote Ridge appear to have been good neighbors.
Commissioner Hatch asked if by changing the zoning, would it remove the existing USR. Mr. Gathman
said that it used to be that way, however, there has been a code change that does not require that now so
if the use is consistent with what was approved it could remain in place.
Commissioner Hatch asked to clarify if the only improvements would be along the property of the previous
applicant and not the entire road. Ms. King stated that the improvements agreement has not been finalized
yet but may be the entire road that they would be looking at. She added that the right-of-way will be
reviewed for the entire road but it is only anticipated that the new right-of-way to be acquired will be in that
small area south of the lake.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ21-0011 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded
by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope.
CASE NUMBER: COZ21-0012
APPLICANT: W3 LEGACY LLC
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX15-0078, BEING PART NE4 SECTION 19, T5N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 500 -FEET SOUTH OF CR 56; APPROXIMATELY 2,000 -
FEET WEST OF CR 15.
Chris Gathman, Planning Services, presented Case COZ21-0012, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval.
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Melissa King, Development Review, reported on the existing traffic and access to the site. Ms. King stated
that according to the Weld County Code for change of zone requires that the road providing access to the
property is adequate in size to meet the requirements of the proposed zone district. Considering the
proposed zoning is heavy industrial the potential uses allowed in this zone district, the traffic typically
associated with these uses, the existing traffic on the roads and the existing conditions of this road, Staff
has determined that while County Road 56 is adequate and functional classification it is not adequate in
width or structural capacity to meet the potential traffic requirements. Therefore, the applicant shall supply
information that demonstrates willingness and financial capability to upgrade County Road 56 in
conformance with the transportation plan. She added that this shall be shown by an Improvements
Agreement or contract guaranteeing installation of improvements by the applicant made in conformance
with the county policy for collateral improvements.
Commissioner Hatch clarified if since all three applicants are responsible for their shared responsibility of
County Road 56, technically the first one to do a site plan review will be responsible for the improvements
beyond that. Ms. King said that they look at it that as new industry comes in they pay their way.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that this is similar to the
previous case where it seemed the opportune time while multiple neighbors within the area were going
through the change of zone. Mr. Naylor referred to the question of who pays what first and added that they
will have to work through who will be responsible for rebuilding the intersection if they change their site plan
review.
Commissioner Holland asked if the improvements that will be required require a bond. Ms. King stated that
part of the Improvements Agreement includes that type of collateral that would guarantee that the roads
are built to the standard.
Commissioner Gluck clarified if it is in our code then effectively it is the county's responsibility to furnish a
road that is compliant that we are requiring them to build to. Ms. King said that the code specifies that as
part of a change of zone the roads have to be adequate so for them to propose to change the zone then
the responsibility would be on the applicant.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Janet Ross, 6248 CR 56, stated that Sunhall borders her property and added that they have been a terrific
neighbor and tries to make sure that all their vehicles go 20 mph by her house. Ms. Ross requested to
change the speed limit to 20 mph and mitigate her lifestyle on a small farm road that is being changed to
an industrial road. She also expressed concern for the ditches in the area.
Commissioner Hatch clarified if the 20 mph sign is located to the east on County Road 56. Ms. Ross said
it used to be 35 mph by the wedding venue but it was reduced to 20 mph and added that there is no speed
limit signs on any other part of the road. She added that she has been requesting this for seven (7) years
and really hopes that it will be changed.
Mr. Naylor appreciated Ms. Ross's comments and added that he will talk with Coyote Ridge regarding the
speed of their trucks. He added that it is important that they are good neighbors and changing the zone
shouldn't change the neighborhood.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ21-0012 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Butch White, Seconded
by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
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Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:09 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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