HomeMy WebLinkAbout20200478.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, FEBRUARY 5, 2020
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, February 5, 2020, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Vacant Commissioner Position
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
MINUTES: Commissioner James moved to approve the minutes of the Board of County
Commissioners meeting of February 3, 2020, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
Ei AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda, as
printed. Commissioner Moreno seconded the motion, and it carried unanimously.
El PUBLIC INPUT: No public input was given.
El WARRANTS:
1) GENERAL WARRANTS - FEBRUARY 4, 2020: Commissioner Moreno moved to approve the
General Warrants, as printed. Commissioner James seconded the motion, and it carried unanimously.
BIDS:
1) PRESENT BID #62000038, JUSTICE SERVICES REMODEL - DEPARTMENT OF BUILDINGS AND
GROUNDS: Rob Turf, Purchasing Department, stated eight (8) bids were received and staff will review
and make a recommendation on February 19, 2020.
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NEW BUSINESS:
1) CONSIDER LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
TOWN OF KERSEY: Alan Caldwell, Sheriff's Office, shared the Town of Kersey has an unexpected
shortage of manpower and requests assistance. He continued stating the Sheriff's Office will provide
emergency services without impeding on regular services, as they are not assigned to said town; thus,
the Colorado State Patrol (CSP) will respond to traffic accidents. Lastly, Captain Caldwell explained the
term is set to expire on August 1, 2024, and the agreed hourly contract rate is $67.99. Commissioner
Moreno moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
James, the motion carried unanimously.
2) CONSIDER TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 33 AND 35: Amy Mutchie,
Department of Public Works, presented the request from Mountain Constructors, Inc., for a temporary
closure of County Road (CR) 44 from February 17, 2020, to June 2, 2020, for the replacement of Weld
County bridge 44/33A. She stated the detour route is paved and message boards will provide prior
warning. Commissioner James moved to approve said temporary closure. Commissioner Moreno
seconded the motion, and it carried unanimously.
Ei PLANNING:
1) CONSIDER RECORDED EXEMPTION, RECX19-0154 - PATRICIA DEPLAZES: Angela Snyder,
Department of Planning Services, displayed a PowerPoint presentation depicting the location of the site,
stated the parcel is currently used as a dry land pasture, and reviewed the criteria to apply for a four -lot
Recorded Exemption (RE). Chair Freeman also called up RECX19-0155, allowing staff to present the
two items concurrently. She cited the proposed lot sizes, which are eligible for well water and septic
systems, and reviewed the 11 Exemption Standards noting issues of concern regarding access, sound
land use practices, and orderly and integrated development to promote health and safety. Patricia
Deplazes, applicant, shared she has done several recorded exemptions and is willing to create an interior
road for ease of access. In response to Commissioners Kirkmeyer, Ms. Deplazes confirmed public water
and sewer are not accessible. Commissioner James expressed concern regarding orderly development
for the county and the applicant expressed her intent to provide rural housing. She stated her son is a
4th generation farmer who plans to transition the farm into a regenerative agricultural operation, including
livestock. Commissioner Kirkmeyer stated her opposition to the creation of a rural, linear subdivision by
utilizing four (4) individual accesses onto the County roadway system and impacting emergency services,
which is inconsistent with the intent of the RE process to provide efficient and orderly development.
Commissioner Kirkmeyer moved to deny Recorded Exemption, RECX19-0154, based on the findings as
previously stated. The motion was seconded by Commissioner Moreno for the purpose of discussion.
Commissioner James clarified the RE process is not the appropriate method because the applicant is
proposing a subdivision development; therefore, they should comply with the subdivision regulations.
Chair Freeman demonstrated the subdivision process is not feasible due to the lack of public water and
sewer; he argued the RE process is appropriate because the proposed lots are clustered and eligible for
wells and septic systems, and the applicant is willing to work with staff to consolidate the accesses.
Following discussion, Chair Freeman fequested a roll call vote and the motion to deny RECX19-0154
carried three (3) to one (1), with Chair Freeman opposed.
El 2) CONSIDER RECORDED EXEMPTION, RECX19-0155 - PATRICIA DEPLAZES: Based on the
testimony and discussion in the preceding item, Commissioner Kirkmeyer moved to deny said Recorded
Exemption, RECX19-0155. The motion was seconded by Commissioner James. Upon a call for a roll
call vote, the motion carried, with Chair Freeman opposed for the reasons previously stated.
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El
3) CONSIDER RECORDED EXEMPTION, RECX19-0157 — KELLY BERNDT: Ms. Snyder provided
a brief description of the location of the site, reviewed the surrounding land uses, and noted the property
is approximately 1.5 miles from public water and sewer provided by the North Weld County Water District
(NWCWD) and the Town of Nunn. She stated the existing layout does not meet the access criteria;
however, the applicant is willing to change the design to utilize the previous access to Lot D from County
Road (CR) 33. Lastly, she stated the proposal evades the Subdivision regulations and is not consistent
with efficient and orderly development. Ms. Deplazes stated she is the authorized representative for her
son, Kelly Berndt, and explained their intent to realign the access and to cluster and divide the lots to
help support ongoing farming operations. Ms. Deplazes noted there is currently a vacancy on the Board
of Commissioners and requested a continuance until the matter could be heard by a full quorum of the
Board. In response to Commissioner James, Ms. Deplazes explained the subdivision process is cost
prohibitive, they have been approved for recorded exemption lots in the past, and there is a demand for
rural residential lots. Commissioner James expressed his hesitation to allow a subdivision development
through the RE process and Commissioner Moreno agreed. Commissioner Kirkmeyer expressed the
Board's responsibility to maintain well -planned subdivisions and promote efficient and orderly
development. She stated the proposal is an abuse of the Weld County Code to develop a subdivision in
the A (Agricultural) Zone, and it is not compatible with other uses in the area. For the reasons previously
cited, Commissioner Kirkmeyer moved to deny Recorded Exemption, RECX19-0157. The motion was
seconded by Commissioner Moreno, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 9:45 a.m.
ATTEST: dattA4,,,,� ,, aCJ�to•�
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
c
Mike Freeman, Chair
Steve Moreno, ro-Tern
eputy Clerk to the Board VACANT
arbara Kirkmeyer
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