> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 01/19/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 19, 2015

 

County offices were closed in observation of Martin Luther King, Jr. Day.

 

TUESDAY, JANUARY 20, 2015

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Steve Balderson, Jennifer Johnson, and David Bragg, Facilities and Information Technology Department; Gary Buffington and Kerri Rollins, Public Works Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT: There was no one present for comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 12, 2015:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 12, 2015.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 26, 2015:   Ms. Hart reviewed the upcoming schedule with the Board. Commissioner Johnson requested to change the language for the item listed for Monday, January 26, 2015, at 1:30 p.m. to include, “taking public comment from LaPorte”.

 

4.         CONSENT AGENDA: Commissioner Johnson noted that the purpose statement for Deed #2 should not read, “The County is also issuing additional compensation to Mr. Friedman”

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda with the correction to the purpose statement for Deed #2, as outlined below:

 

01202015A001           BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN LARIMER COUNTY AND K.R. DURAN EXCAVATING INC.

 

01202015A002           DEVELOPMENT AGREEMENT FOR HERON’S HILL SUBDIVISION BY AND BETWEEN LARIMER COUNTY AND KAY E. ROY

 

01202015D001           DEED OF DEDICATION – GREG B. FRIEDMAN

 

01202015D002           DEED OF DEDICATION – WILLIAM RAY GIBBENS AND DIXIE DEE GIBBENS

 

01202015R001           RESOLUTION CANCELING 2012 TAXES DETERMINED TO BE UNCOLLECTABLE

 

01202015R002           FINDINGS AND RESOLUTION APPROVING THE TAPESTRY HOUSE AMENDED SPECIAL EXCEPTION

 

01202015R003           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HERON’S HILL SIBDIVISION 12-S3131

 

01202015R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1A, 1B AND LOT 6, BLOCK 8 IN THE RAMONA HEIGHTS AMENDED

 

01202015R005           FINDINGS AND RESOLUTION APPROVING THE VERN’S AMENDED PLANNED DEVELOPMENT REZONING

 

01202015R006           FINDINGS AND RESOLUTION APPROVING THE VERN’S MINOR SPECIAL REVIEW

 

01202015R007           FINDINGS AND RESOLUTION DENYING THE PARKER PUBLIC SITE PLAN REVIEW AND APPEAL

 

01202015R008           FINDINGS AND RESOLUTION APPROVING THE RAWHIDE SOLAR POWER PLANT 1041 PERMIT

 

01202015R009           FINDINGS AND RESOLUTION APPROVING THE ATLAS TOWER CMRS AMENDED SPECIAL REVIEW

 

01202015R010           RESOLUTION AMENDING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS EXCLUDING THE OFFICE OF THE DISTRICT ATTORNEY

 

MISCELLANEOUS:   Final Plat of Heron’s Hill Subdivision.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Sundance Steakhouse and Saloon – Hotel and Restaurant – Fort Collins; Glen Echo Resort – Hotel and Restaurant Transfer of Ownership – Bellvue; Glen Echo Resort – Retail Liquor Store Transfer of Ownership – Bellvue. 

 

Motion carried 3-0.

 

5.         COMMENTS FROM COMMISSIONER’S GUESTS: There was no one present for comment.

 

6.         DESIGN FIRM SELECTION FOR THE LARIMER COUNTY LOVELAND OFFICES: Mr. Balderson, Mr. Bragg, and Ms. Johnson addressed the Board regarding this issue. They explained that an RFP was completed in 2012 to select design firms to work on a variety of Larimer County projects. There were three firms selected and one of them, The Architect Studio, is working on the programming and schematic design for the offices. The facilities services team recommends the Board approve The Architect Studio to complete the entire project design and construction administration of the new Loveland building project. Some discussion followed regarding the scope of the original RFP and if there has been substantial interest from other firms to work on this project. The facilities team stated that they have not received substantial interest from other firms.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve The Architect Studio for the design of the new Larimer County Loveland Office.

 

Motion carried 3-0.

 

7.         LARIMER COUNTY LEGISLATIVE POSITION GUIDE DIRECTION: This item was pulled from the agenda to address some technical corrections.

 

8.         COUNTY MANAGER WORKSESSION: Ms. Hoffmann mentioned a letter to the editor of the Loveland Reporter Herald from a citizen that commutes across the county line regularly and every time it snows they experience great relief when they enter Larimer County. This was a testament to the Road and Bridge crews. Additionally, the County received an invoice in the amount of $6,000 from Public Lands, which is an affiliate of CCI. Historically, the County has not participated with this affiliate group and not paid these dues due to budgetary constraints. Ms. Hoffmann requested direction from the Board regarding this year’s invoice. The Board agreed that they will continue to cut this expense for now.  Lastly, Ms. Hoffmann stated that she was contacted by a representative from a Wellington group who is submitting a GOCO application. They are requesting a letter of support from the Board. The Board agreed to direct staff to draft the letter and give Chair Gaiter authorization to sign the letter.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities at events during the previous week.

 

10.       LEGAL MATTERS:  Ms. Haag requested that the Board go into executive session for legal advice regarding negotiation and acquisition of easement for Lion’s Park property.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for purchase acquisition, lease,  transfer or sale of any real or personal property interest as outlined in 24-6-402 (4)(a) C.R.S.. Furthermore, for conferences with an attorney for the purposes of receiving legal advice on specific legal questions as outlined in 24-6-402 (4)(b) C.R.S.. And furthermore, for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402 (4)(e).

 

Motion carried 3-0.

 

The Board recessed at 9:50 a.m., with no further action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Traci Shambo, Engineering Department; Doug Ryan, Health and Human Services Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance; he then noted that the following item was on consent and would not be discussed unless requested by anyone in attendance:

 

1.         HORBEIN LAND CONSOLIDATION PLAT:   This is a request to combine two unplatted adjacent legal lots by removing an internal lot line.  No new lots are being created.  The intent of this application is to preserve the undeveloped area along Devil’s Gulch Road. The subject lots are located in the unincorporated Estes Valley.  Access to both parcels is from Devils Gulch Road and both are served by public utilities.  The parcels are zoned RE-1 Rural Estate (10-acre single family residential). 

 

All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other applicable provisions of this code. Because this plat does not create any new lots, many standards such as adequate public facility standards set forth in Section 7.12 do not apply.  Unlike other subdivision applications, Land Consolidation Plats are not reviewed by the Estes Valley Planning Commission and instead move directly to the Board. Section 3.9 requires that the Board find that approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Within sixty days of the Board’s approval of the amended plat, the applicant shall submit the plat for recording.  If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void.

 

Based on the above review criteria staff finds:

 

  1. The Land Consolidation Plat application complies with EVDC §3.9.E. Subdivisions Standards for Review. 

 

  1. The Larimer County Board of County Commissioners is the decision-making body for the proposed Amended Plat.

 

  1. If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code.

 

  1. Approval of this application will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the EVDC.

 

Therefore, staff recommends approval of the proposed Land Consolidation Plat, subject to the following condition:

 

  1. Compliance with the following affected agency memos:
    1. Larimer County Engineering Department memo dated December 23, 2014;
    2. Larimer County Department of Health and Environment memo dated December 29, 2014; and
    3. Estes Park Community Development Department memo dated January 5, 2014. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as outlined above.

 

Motion carried 3-0.

 

The hearing ended at 3:05 p.m.

 

 

 

 

 

 

                                                                                            ________________________________                                                                                                                                                                        

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Dana S. Polley, Deputy Clerk