HomeMy WebLinkAbout20002941.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 27, 2000
TAPE #2000-33
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 Centennial
Center, Greeley, Colorado, November 27, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners
meeting of November 22, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings
conducted on November 22, 2000, as follows: 1) Change of Zone #549 from the A (Agricultural) Zone
District to the C-3(Commercial)Zone District, Mike Cervi, Go Steve Stencil 2) Change of Zone#550 from
the A (Agricultural) Zone District to the C-3 (Commercial) Zone District, Mike Cervi, Go Steve Stencil.
Commissioner Geile seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
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BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $704,787.14
Electronic Transfer $2,112,997.72
Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
BERNARD AND CHERYL HOOGLAND: Commissioner Hall moved to approve said petition and authorize
the Chair to sign, based on the recommendation of the Assessor. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
RR DONNELLEY AND SONS COMPANY: Based on the Assessor's recommendation, Commissioner Hall
moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER AMENDMENT TO LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - TOWN OF HUDSON: Mr. Warden stated this is the standard off-duty agreement.
Commissioner Vaad moved to approve said amendment and authorize the Chair to sign. Commissioner
Geile seconded the motion, which carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #2879 - LOUIE AND GINA FABRIZIUS: Chris Gathman,
Department of Planning Services, stated staff is concerned that the applicant has not shown compliance
with Section 11.4.2 of the Weld County Subdivision Ordinance, particularly regarding efficient and orderly
development. Mr. Gathman further stated the proposed exemption is located outside of existing urban
growth boundaries, it would create a total of six contiguous lots which is considered to be urban scale in
nature,and the applicants were approved fora two-lot Recorded Exemption(RE-2658)within the past year
on an adjacent property which they own. Responding to Commissioner Hall, Mr. Gathman stated it was
the original Recorded Exemption which established the corner Lot A,and the entire Lot B. Earlier this year,
the applicant split off the Lot A located on the south side of the property. The current proposal would split
off Lot A of the original Recorded Exemption,which is 8.25 acres overall. Mr. Gathman stated Lot B would
be 5 acres and Lot A would be approximately 3.25 acres. Responding to Commissioner Baxter, Mr.
Gathman said one Single-family residence is currently on Lot A, and B is unimproved. Responding to
Commissioner Geile, Mr. Gathman stated the 10-year rule is in effect, with approximately nine years
remaining on the larger parcel, and this proposal would start the ten-year clock on the corner parcels. Mr.
Gathman also stated Lot B is under a pivot sprinkler.
Louie Fabrizius, applicant, stated he feels like this is a good site, since there is no agricultural use, the
property is non-irrigated farmland which is already established in grass. Mr. Fabrizius said LotA does have
some outbuildings used in his farming operation, and it is almost 1/2 mile to the other lots (Lots A and B
of Recorded Exemption 2592). Responding to Commissioners Baxter and Geile,Mr. Fabrizius stated there
is currently one older farm house on proposed Lot A, with someone in residence and his reason for
requesting the exemption is economics. He stated it would help achieve better financing for the farming
operation. Mr. Fabrizius stated access would be off either Weld County Road 74 or 49. Responding to
Chair Kirkmeyer, Mr. Fabrizius stated he has owned the large Lot B for five years; however, he purchased
the corner parcel approximately six months ago for the purpose of improving the financial viability of the
Minutes, November 27, 2000 2000-2941
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farm. He stated he currently lives on the current Lot B, and the proposed exemption parcel was never part
of his farming operation. Responding to Commissioner Baxter, Mr. Fabrizius stated the current Lot A does
not have a residence at the present time.
There was no public testimony.
Commissioner Geile moved to approve Recorded Exemption #2879 for Louie and Gina Fabrizius with
Conditions of Approval as presented by the Department of Planning Services staff. The motion was
seconded by Commissioner Baxter. Chair Kirkmeyer stated she will be voting against the motion, since
she agrees with staff concerns as stated in Mr. Gathman's Administrative Review,especially since it seems
to be unorderly development. Also because the parcel was purchased in the last six months and never
having been part of Mr. Fabrizius'farming operation. The motion carried four to one,with Chair Kirkmeyer
voting against the motion.
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 Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:30 a.m.
BOARD E OF COUNTY COMMISSIONERS
W�/ D COUNTY, C�RADO
ATTEST: �I ` �' �
i / ` Q % A�l�/11 J
I v Barbar . Kirkmeyer, Chair
Weld County Clerk to : .:.(; et•���
Ffr
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the B?1 `���
!George-t. Baxter
Da all
�Glenn Vaa �—_
Minutes, November 27, 2000 2000-2941
Page 3 BC0016
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