> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/04/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 4, 2015

 

 

PUBLIC ASSESSMENT HEARING FOR WESTERN MINI RANCHES LOCAL IMPROVEMENT DISTRICT 2014-1

 

The Board of County Commissioners met at 10:00 a.m. with Linda Sanders, Engineering Department. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Ed Schemm, Health and Environment Department; and Dana Polley, Deputy Clerk.

 

Ms. Sanders explained that the Western Mini Ranches Local Improvement District 2014-1 was created May 27, 2014, by the Board of County Commissioners for the purpose of constructing, installing, completing, and acquiring sanitation improvements in the district. In November 2014, the property owners approved, by 92.41% votes in favor, to acquire debt of $1,720,000.00 to proceed with the project. She further explained that this hearing is to approve the assessments for the direct loan and the whole cost of the improvements. There are 85 assessment units in the district each paying $20,235.00. The assessments may be paid in full, interest free, at the Engineering office on or before June 5, 2015. Property owners, who choose not to pay in full by this date, may pay in installments with a 2% interest rate and a collection fee to the County Treasurer. The annual payment will be $1,250.00 for twenty years. After the State Health Department reviews the sanitation construction and specification plans, construction is estimated to start in the fall of 2015, and to be completed in October, 2016.

 

Chair Gaiter opened up the hearing for public comment, seeing no one present to comment, he then closed this portion of the hearing.

 

Commissioner Johnson asked what the improvements were, and Mr. Schemm explained that the improvements are for waste water treatment. The current system no longer meets State requirements so they plan to build a pipe to hook the system up to the Town of Berthoud’s system.

 

Commissioner Donnelly stated that this is a great solution to a real problem. Hooking into the town’s system should be a long-lasting improvement.

 

Chair Gaiter highlighted the extremely high approval rate from voters for this improvement.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #05042015R001, a Resolution approving the whole cost of the improvements to be made in Larimer County Local Improvement District #2014-1 (Western Mini Ranches); Approve and confirm the apportionment of said cost to each lot or tract of land in the district; Assessing a share of said cost against each lot or tract of land in the district; and prescribing the manner for the collection and payment of said assessments.

 

Motion carried 3-0.

 

05042015R001           RESOLUTION APPROVING THE WHOLE COST OF THE IMPROVEMENTS TO BE MADE IN LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2014-1 (WESTERN MINI RANCHES); APPROVE AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRCT; AND PRESCRIBING THE MANNER OF THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS

 

The hearing recessed at 10:15 a.m.

 

 

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: Clint Jones, Engineering Department; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance. He then noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.         MEADOWDALE HILLS SECOND LOT 2 EASEMENT VACATION FILE #15-S3291:  This is a request for an easement vacation on lot 2, of the Amended Plat of lots 2 & 3 of the Amended Plat of lots 95, 96 & 97, Meadowdale Hills 2nd Filing, to vacate the 10-foot utility easement on the south and southeast property lines, and reduce the easements on all other property lines to 5 feet.

 

The applicant proposes to vacate the utility easements along all the lot lines that were dedicated or rededicated when an amended plat was approved in 2003.  A new owner discovered a variety of encroachments to the utility easements at the time of purchase, when a survey was done.  This vacation is intended to resolve the encroachments into the various easements by the house and two stand alone decks.  

 

The applicant has provided a legal description for the easement to be vacated.  The request is consistent with the amended plat approval in 2003 and cleans up what was apparently missed, and is consistent with the requirements of the Code. 

 

The Development Services Team recommends approval of the vacation of the utility easement on Lot 2, of the Amended Plat of Lots 2 & 3 of the Amended Plat of Lots 95, 96 & 97, Meadowdale Hills 2nd filing, file #15-S3289, subject to the following condition:

 

1.   The applicant shall finalize the legal description for the vacated easements before the Board of County Commissioners finalize the Findings and Resolution.

 

2.         MOUNTAIN RIVER RANCH LOT 6 AMENDED PLAT :  This is a request for an Amended Plat of Lot 6 Mountain River Ranch Conservation Development to expand a building envelope for a garage addition.

 

The request is to amend the platted building envelope for Lot 6 of the Mountain River Ranch Conservation Development to expand it to the south.  The envelopes current south line is at 90 feet from the lot line. This request is to allow this to be modified to extend the envelope 70 feet, roughly 20 feet from the lot line.  This will allow for a garage addition to the south.  There is no specific rationale in the file for the building envelope on this lot.  The change is consistent with the underlying zoning. The expansion does not block access to any area nor does it impair visibility to the road.  The applicant has discussed the change with other owners in the development and there are no conflicts with the proposal.  This change still maintains over 200 feet of separation from the next building to the south.

 

This amended plat to increase the area of the building envelope allows the owner to provide an additional garage space on the lot.  This change does not affect the intent of the original platting or the purpose of the original building envelopes. 

 

The Development Services Team recommends approval of Lot 6 Mountain River Ranch Conservation Development Amended Plat, file #15-S3291.  To be completed by Resolution of the Board of County Commissioners with an exhibit depicting the revised building envelope.

 

3.         CRYSTAL LAKES ELEVENTH LOTS 112-114 AMENDED PLAT FILE #15-S3293:   This is a request to amend the plat to combine three lots into two lots.  Proposal also includes vacating the utility easements along the common lot lines and create a non-buildable easement between the new lots 112A and 114A.

 

This Amended Plat is for lots 112, 113, and 114 in the Crystal Lakes 11th subdivision on the West side of Huron Road.  The applicant is proposing to combine these lots into two lots.  The proposal also includes vacating the existing utility easements and creating a non-buildable easement between lots 112A and 114A.

 

The proposed Amended Plat for lots 112, 113, and 114 of the Crystal Lakes 11th subdivision will not adversely affect any neighboring properties or any County agency.  The reconfiguration will not result in any additional lots.  The vacation of the utility easements and creation of the non-buildable easement does not appear to be detrimental to any existing utilities or access.

 

The Development Services Team recommends approval of the Amended Plat to combine Lots 112, 113, and 114 of the Crystal Lakes 11th  subdivision, file #15-S3293, subject to the following condition and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by November 4, 2015, or this approval shall be null and void.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

 

TUESDAY, MAY 5, 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 Gaiter were present. Also present were: Donna Hart, and Josh Fudge, Commissioners’ Office; Laurie Stolen, Alternative Sentencing Department; Sharon Winfree and Gary Darling, Criminal Justice Department; Suzette Mallatte and Mark Peterson, Engineering Department; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Shelby Majors, Ken Ecton, Saxton Wiley and Tom James addressed the Board regarding items pertaining to the County.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 27, 2015:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 27, 2015, as presented.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 11, 2015:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

05052015A001           AGREEMENT FOR COOPERATIVE WILDFIRE PROTECTION BY AND BETWEEN LARIMER COUNTY, SHERIFF JUSTIN SMITH, AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY

 

05052015A002           MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE COLORADO EMERGENCY FIRE FUND BY AND BETWEEN THE LARIMER COUNTY COMMISSIONERS OFFICE, LARIMER COUNTY SHERIFF, AND THE COLORADO DEPARTMENT OF PUBLIC SAFETY

 

MISCELLANEOUS:   Larimer County Office on Aging, the Area Agency on Aging Region 2A Four-Year Planning & Service Area Aging Plan (PSAAP) Fiscal Years July 1, 2015 through June 30, 2019.

 

LIQUOR LICENSE:  The following licenses were approved and/or issued:  Project Self-Sufficiency – Special Event 6% - Fort Collins; Turning Point Center for Youth and Family Development – Special Event 3.2% - Masonville; Villa Tatra – Hotel and Restaurant – Lyons; Swing Station LLC – Modification of Premises – LaPorte.

 

Motion carried 3-0.

 

5.         COMMISSIONERS’ GUESTS:  Commissioner Johnson introduced Ms. Stolen and invited her to speak regarding the Stepping Up Initiative. Ms. Stolen spoke briefly regarding this initiative and the desire of the Alternative Sentencing Department to reduce the number of individuals with mental illnesses in jails. She hopes that Larimer County can be a national leader in this initiative and requested the Board sign a resolution in support of this effort.

 

Commissioner Johnson read the resolution aloud. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Stepping Up Initiative Resolution.

 

Motion carried 3-0.

 

05052015R001           STEPPING UP INITIATIVE RESOLUTION

 

6.         MAY IS MENTAL HEALTH MONTH PROCLAMATION:  Emily Dawson Peterson, Deb Conn, and Nick Christenson, with Touchstone, addressed the Board and thanked them for proclaiming May as Mental Health Month. They highlighted the great need for mental healthcare in Larimer County and the resources that Touchstone offer the community, including a new 24/7 Crisis Service Center. The Board thanked Touchstone for their work in the community.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim May to be Mental Health Month in Larimer County.

 

Motion carried 3-0.

 

7.         RECOGNIZE SHARON WINFREE AS THIS YEAR’S RECIPIENT OF THE JUDGE CONRAD L. BALL AWARD:  Commissioner Donnelly introduced Ms. Winfree and explained that this award is given to an individual in the community who has the most significant impact on the criminal justice system. Along with many other accomplishments, Ms. Winfree has most recently run the pre-trial services program. The Board congratulated Ms. Winfree for her work and success of the program. Mr. Darling also congratulated and thanked Ms. Winfree for all of her hard work.

 

Ms. Winfee thanked the Commissioners and the County Manager for their support of the program and the criminal justice system in Larimer County.

 

8.         NATIONAL DAY OF PRAYER PROCLAMATION:  Chair Gaiter explained that he will pray for the County and read the official proclamation aloud on the National Day of Prayer, May 7, 2015.

 

Commissioner Johnson read the proclamation aloud.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim May 7, 2015, as a Day of Prayer.

 

Motion carried 3-0.

 

9.         RESOLUTION TO SUPPORT DEVELOPMENT OF COMPRESSED NATURAL GAS AS AN ALTERNATE TRANSPORTATION FUEL:  Ms. Mallette explained that the Board of County Commissioners had a worksession on April 20, 2015 on the development of Compressed Natural Gas (CNG) as an alternative transportation fuel in the County. The Board unanimously endorsed the development of CNG through a countywide plan following the worksession. A resolution has been prepared to formalize the Boards endorsement. The Board expressed their strong support of this program.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the resolution of Support for the development of Compressed Natural Gas (CNG) as an alternative transportation fuel in Larimer County.

 

Motion carried 3-0.

 

05052015R002           RESOLUTION TO SUPPORT DEVELOPMENT OF COMPRESSED NATURAL GAS AS AN ALTERNATE TRANSPORTATION FUEL IN LARIMER COUNTY

 

10.       CRITERIA FOR HIGH-HAZARD FLOODWAY PILOT STUDY:  Mr. Peterson presented the latest recommendation for the pilot study of flood risk factors based on flow depth, velocity depth product, and erosion risk for potential use in defining a high-hazard floodway. The Flood Review Board is recommending analysis for a range of velocity depth products including 4, 6, 8, and 10 to be used to identify hazard boundaries.

 

Discussion ensued regarding the hazard depths, budget, and the timeline for this analysis.

 

Commissioner Johnson requested that staff continue to update the Board on the progress of the study. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve moving forward with the technical analyses of the high-hazard floodway pilot study.

 

Motion carried 3-0.

 

11.       COUNTY MANAGER WORKSESSION:  Ms. Hoffmann introduced the new County Budget Director, Josh Fudge, to the Board. The Board welcomed Mr. Fudge.

 

12.       COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.

 

13.       LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting ended at 10:25 a.m.

 

 

 

 

 

_______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Dana S. Polley, Deputy Clerk