> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/20/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 20, 2015

 

executive session

 

The Board of County Commissioners met at 10:00 a.m. with Lorenda Volker, Assistant County Manager.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were:   Gary Buffington, Kerry Rollins, and Alex Castino, Natural Resources Department; Charlie Johnson, and Tim Meyer, Engineering Department; and Gael Cookman, Deputy Clerk.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for discussion on purchase acquisition, lease, transfer, or sale of any real or personal property, as outlined in 24-6-402(4)(a) C. R. S.

 

Motion carried 3-0.

 

The executive session ended at 11:55 a.m. with no action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were:  Terry Gilbert, and Karin Madson, Planning Department; Linda Sanders, and Clint Jones, Engineering Department;  Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Chair Gaiter 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.          EAST OWASSA SUBDIVISION LOT 49A, BLOCK 31 AMENDED PLAT, FILE #15-S3316 :    This is a request to combine the lot with a portion of a metes and bounds parcel (Quaintance Estate Property) located in the SW1/4 of 27-10-73.  The metes & bound property is not a legal lot.  Combining it with the subdivision lot will resolve this issue.  Both lots are owned by the applicant.  

 

Other review agency comments:

 

·   Brian Helminiak, Larimer County Engineering Land Surveyor, provided comments with regard to the plat submitted.  Corrections are required.

·   Clint Jones, Larimer County Engineering provided comments with regard to access, easements and drainage.  No concerns were noted with respect to this proposal

·   Doug Ryan, Health Department, indicated no concerns with this Amended Plat application.

·   No other concerns were noted from utility providers.

·   Comments from the Assessor’s office indicate that the plat title and dedication need to be updated to include “and a portion of land in SW1/4 of 27-10-73.will need to be amended to reflect the ownership of the trust. 

·   Staff notes no major concerns or comments with regard to this application.  The plat should be revised to reflect that it includes a portion of land in SW1/4 of 27-10-73.

 

The Development Services Team recommends Approval of the Lot 49A, Block 31 East Owassa and a portion of land in SW1/4 of 27-10-73 Amended Plat, File #15-S3316, subject to the following condition(s) and authorization for the chairman 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 January 20, 2016, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

3.   The plat title and dedication should be revised to reflect that it includes a portion of land in SW1/4 of 27-10-73.

 

2.         GLACIER VIEW MEADOWS 4TH FILING LOTS 82 & 83 LOT CONSOLIDATION/EASEMENT VACATION, FILE # 15-S3320:   This is a request to  consolidate Lots 82 and 83 of Glacier View Meadows 4th filing into one lot and vacate 10-foot utility easement located along the common lot line.

 

Both properties are located in the Glacier View Meadows, 4th Filing on the South side of Wetterhorn Court approximately ¼ mile East of Green Mountain Drive. The Glacier View Meadows 4th Filing was created in 1976. Consolidating the lot will create one lot that is 2.3739 acres in size. An easement vacation is also proposed for the existing 10-foot utility easement along the common lot line of these two lots.

 

No neighbors have voiced any objections to the easement vacation proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·   Addressing Section

·   Assessor’s Office

·   Code Compliance Section

·   Engineering Department Development Services

·   Department of Health and Environment

 

The proposed Lot Consolidation of Lots 82 and 83 of the Glacier View Meadows 4th Filing will not adversely affect any neighboring properties or any County agency. The consolidation will not result in the creation of any additional lots. The easement will be vacated because the easement as it currently sits would go through the middle of the resulting lot if not vacated. Staff finds that, with the conditions listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation of Lots 82 and 83 of the Glacier View Meadows 4th Filing and vacation of the 10’ utility easement located on the common lot line, File #15-S3320, subject to the following condition(s):

 

1.   All conditions of approval shall be met and the final resolution recorded by January 20th, 2016 or this approval shall be null and void.

 

2.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

3.   The vacation of the 10’ utility easement and the reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

3.   TUCKER AMENDED SPECIAL REVIEW, FILE  #14-Z1943:  This is a request for: 1) An amendment to the Tucker Special Review (#7-75) to allow an existing residential accessory building on the property to be used as storage for commercial uses.  Additionally, the proposed application requests that three additional buildings also be allowed for the same purpose.                                                                                                 And 2)

An appeal to Section 8.6.3.c of the Land Use Code to not be required to pave the parking and access drives for the expanded use.

 

The Tucker Amended Special Review application was presented to the Planning Commission as a Consent item.  After a brief presentation by the Development Services Team the Planning Commission unanimously voted to approve the application as presented.

 

The Planning Commission and the Development Services Team recommend to the Board of County Commissioners approval of the Tucker Amended Special Review, file #14-Z1943, subject to the following conditions:

 

A.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

B.   The Site shall be developed consistent with the approved plan and with the information contained in the Tucker Amended Special Review (file # 14-Z1943) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Tucker Amended Special Review (file # 14-Z1943).

 

C.   Failure to comply with any conditions of the Special Review (Special Exception) approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

D.   This application is approved without the requirement for a Development Agreement.

 

E.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

F.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

G.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

H.   The applicant shall complete the required County Engineering Department Drainage Agreement by August 3, 2015.

 

The Planning Commission and the Development Services Team recommend to the Board of County Commissioners approval of the parking lot and access paving appeal (Section 8.6.3.c of the Larimer County Land Use Code) for the Tucker Amended Special Review, file #14-Z1943, subject to the following condition:

 

A.   The applicant shall, by September 30, 2015, construct a 50 foot long paved apron at the entrance to the site. 

 

M O T I O N

 

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

 

Motion carried 3-0.

 

After the vote, Mr. Tucker addressed the Board noting that he is still working on the drainage issue, and that the timing of the required completion of the driveway is too soon; he also questioned the 50-foot long requirement as the state officials seem to indicate that it might not be necessary.  Mr. Lafferty stated that if CDOT did not require the paving, then the county would not either; he further noted that he will work with Mr. Tucker to help resolve both issues.

  

4.         MATSUOKA LOT SIZE APPEAL, FILE # 15-G0289:   Mr. Lafferty explained that the property owner requested to have this hearing moved to a future date.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners reschedule the Matsuoka Lot Size Appeal, File #15-G0289, to October 12, 2015, at 3 p.m.

 

Motion carried 3-0.

 

5.    PUBLIC EXCLUSION HEARING: RED FEATHER LAKES GENERAL IMPROVEMENT DISTRICT 13 A:   On or about June 10th, the Engineering Department received a verified petition from the legal owner of one property in Red Feather Lakes General Improvement District 13A (GID).  The owner is requesting that they be excluded from the GID boundaries.

 

The owners are:  Great Western Bank, 1235 North Street, Lincoln, Nebraska. Authorized Officer:  Sarah Spiker.  Legal Description of the property:  Parcel #302940001.

 

A parcel of land situate in the Southeast quarter of Section 29, Township 10 North, Range 73 West of the 6th P.M., County of Larimer, State of Colorado and being more particularly described as follows:  Considering the East line of the southeast quarter of Section 29, Township 10 North, Range 73 West of the 6th P.M. as bearing South, with all bearings contained herein relative thereto.  Commencing at the Northeast corner of the Southeast quarter of said Section 29; thence run South along the East line of said Southeast quarter for a distance of 301.68 feet to a point on the North right-of-way of Bee Be Drive and being the Point of Beginning; thence continue South along said East line for a distance of 28.34 feet; thence leaving said East line run West for a distance of 100.00 feet; thence run South for a distance of 50.00 feet; thence run East for a distance of 100.00 feet to a point on the East line of the Southeast quarter of said Section 29; thence run South along said East line for a distance of 41.66 feet to the Southwest corner of Lot 1, McCarthy subdivision;  thence leaving said East line run South 86° 25’ 52” West for a distance of 134.15feet; thence run North 01° 29’ 40” East for a distance of 110.93 feet to the edge of an existing gravel road and the beginning of the non-tangent curve to the right having a radius of 151.54, a chord bearing of North 82° 24’ 04” East and a chord distance of 132.15 feet; thence run Easterly along said edge of existing gravel road and said curve for a distance of 136.75 feet through a central angle of 51° 42’ 14” to the Point of Beginning. 

 

As prescribed in the improvement district statutes, a legal notice was advertized in the Fort Collins Coloradoan on July 1st, 2015.  A letter was mailed to all Red Feather Lake GID property owners on June 24th, 2015 with a copy of the notice and an explanation of the problem the exclusion will correct.  A few phone calls were received requesting additional information but no objections were received.

 

In 2013 the Larimer County Planning Department started the process to adjust the boundaries of two metes and bounds parcels by a boundary line adjustment (BLA) and to further incorporate them into an existing lot within the McCarthy Subdivision, previously done by deed without County approval.  The BLS/Amended plat was to combine these lots so the existing home and improvements would be located on Lot 1 of McCarthy Subdivision.  Unfortunately part of the lot change involved a small portion of a property in Red Feather Lakes General improvement District (GID) 13A.  Because of the GID, the assessor’s office could not complete the process since there were two taxing districts involved.  This small proportion the new lot that was once in the GID is not benefited by the GID and is on the other side of the “hill.”  A map illustrating the area is included.

 

Red Feather Lakes FID 13A was created in the 1970’s for maintenance of the subdivision roads in the district.  The funds payable to the GID from this small portion of land is less than a $1.00 per year.

 

Ms. Sanders explained the proposal as outlined above, noting the fact that this needs to be accomplished so the bank can put the property back on the market.  She further noted that the new parcel will never use the roads.  Some discussion ensued.

No one addressed the Board during public comment.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners remove this parcel of land from the Red Feather Lakes GID 13A, and authorize the County Attorney to prepare a resolution finalizing the details from today’s hearing.

 

Motion carried 3-0

 

The hearing adjourned at 3:30 p.m.

 

TUESDAY, JULY 21, 2015

 

administrative matters meeting

 

The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were:  Joshua Fudge, Donna Hart, Natalie Siles, and Deni LaRue, Commissioners’ Office; Carol Block, and Lorrie Lopez, Finance Department; Alan Holmberg, Anderson & Whitney; Joni Friedman, Andrew Minor, and Jacob Castillo, Workforce Center; Mark Peterson, Engineering Department; Marc Engemoen, Public Works Division; Denise Ruybal, and Juliet Chavez, Clerk & Recorder’s Office; and  Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  John Rash, Karen Rash, Bruce Hughey, and Donn Maynard addressed the Board for public comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 13, 2015:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of July 13, 2015.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 27, 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 approver the consent agenda as outlined below:

 

ABATEMENTS:   As recommended by the County Assessor, the following petitions for abatement are denied:  Dallas Armstrong; James and Joanne Matson; and Timothy and Terry Schefter.

 

07212015A001           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTAION FOR PROJECT NUMBER 318

 

07212015A002           AGREEMENT BY AND BETWEEN THE BOARD COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PROJECT NUMBER 319

 

07212015A003           INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIOENRS AND THE CITY OF GREELEY

 

07212015A004           CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION, INC., FOR PROJECT NUMBER 9071 – FLOOD RELATED ASPHALT PATCHING

 

07212015A005           CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISIONERS AND LOGAN COUNTY COMMUNITY CORRECTIONS BOARD

 

07212015D001           DEED OF DEDICATION FROM MARY SUE DYER FOR RECONSTRUCTION OF COUNTY ROAD 43

 

07212015D001           DEED OF DEDICATION FROM LJ MOUNTAIN HOME, LLC, FOR RECONSTRUCTION OF COUNTY ROAD 43

 

07212015R001           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITONS FOR SMITHFIELD PUBLIC IMPROVEMENT DISTRICT #60

 

MISCELLANEOUS:   Limited Signature Authority Delegation on CDBG-DR and HMGP Grant Agreements; Request for Release of Funds and Certification.

 

Motion carried 3-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS:   Commissioner Donnelly introduced Jane Elijah, Ken Allen, Ken Wright, and Jeannine Hurst.  All lived in Commencement Ridge Subdivision, and all requested that the County provide assistance in maintaining a portion of the road that connects County Road 18 with their subdivision.  Discussion ensued and the Board requested that Mr. Peterson and Mr. Engemoen research this matter and bring it back to the Board with recommendations.

 

6.         REVIEW OF AUDITOR’S RESULTS AND ACCEPTANCE OF THE 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR):  Ms. Block, Ms. Lopez, and Mr. Holmberg presented the 2014 CAFR and briefly reviewed the highlights with the Board.  Ms. Block stated that they again received the Certificate of Excellence, noting that this is the 32nd year in a row Larimer County has received this award. Finally, Ms. Block explained that there will be a different auditing firm next year, as Anderson & Whitney’s contact has ended.   The Board congratulated Ms. Block and Ms. Lopez, and thanked Mr. Holmberg for his contributions to this effort as well.

 

At this time the Board recognized the boy scouts in attendance who are working on their “Citizenship in the Community” merit badge.  Camden, Luke, and Carter were visiting from Troop 95. 

 

7.         ECONOMIC DEVELOPMENT UPDATE:  Ms. Friedman, Mr. Castillo, and Mr. Minor presented the monthly Economic Development update, highlighting the Entrepreneur Tournament, which is geared towards teaching and encouraging young men and women, (up to 18 years of age), to pursue their business ideas and goals.  They concluded their presentation by showing a short video clip on the topic.

 

8.         CONVENE AS THE BOARD OF EQUALIZATION:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners convene as the Board of Equalization.

 

Motion carried 3-0.

 

Ms. Ruybal presented the referee recommendations for hearings held on July 15, 16, and 20, 2015, and requested approval on the same.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the referee recommendations for hearings held on July 15, 16, and 20, 2015.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

8.         ASSISTANT COUNTY MANAGER WORKSESSION:   Ms. Volker had nothing to report.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at various events during the past week.

 

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

 

There being no further business, the meeting adjourned at 10:45 a.m.

 

THURSDAY, JULY 23, 2015

 

SPECIAL MEETING TO APPROVE

LIQUOR LICENSE TRANSFER OF OWNERSHIP

 

The Board of County Commissioners met at 9:50 a.m., to consider a liquor license transfer of ownership. Chair Gaiter presided and Commissioner Johnson was present. Also present was Gael Cookman, Deputy Clerk.

 

Ms. Cookman explained that this item should have been approved at Tuesday’s Administrative Matters meeting.  She provided the application and temporary permit for transfer of ownership for Noble Wolff LLC, dba as the Pot Belly Restaurant, located at 24340 County Road 74E, and requested approval on the same. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County approve the application and temporary permit for transfer of ownership for Noble Wolff LLC, dba as the Pot Belly Restaurant, located at 24340 County Road 74E.

 

Motion carried 2-0.

 

The meeting adjourned at 9:55 a.m.

 

 

 

 

_______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk