> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 11/16/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, DECEMBER 7, 2015

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Michael Whitley, Development Planner II.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present were:  Jeannine Haag, County Attorney; Tony Brooks, Amy White, and Candace Phippen, Code Compliance Department; Matt Lafferty, Brenda Gimeson, and Rebecca Smith, Planning Department; Doug Ryan, Environmental Health Department; Lieutenant Cook and Deputy Rutledge, Sheriff’s Office; and Craig Dorn, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.


Mr. Lafferty requested to make an amendment to condition 1 of the Eagle Lake First Filing Lot 15 Amended Plat on page 16 of the agenda to include the date of June 7, 2016.

 

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.         GLEN HAVEN SUBDIVISION LOT 6, 7, 8 AND 24 BLOCK 5 AMENDED PLAT, FILE #15-S3348:  This is a request to amend the boundary lines and consolidate lots in the Glen Haven Subdivision for Lots 6-8 and Lot 24, block 5. One of these lots was divided further into a .14 acre lot but this was done in 1954 which still constitutes as a legal lot even though an amended plat was not recorded showing the transaction. These proposed changes will include a boundary line change between the two owners, a consolidation, and a reconfiguration of the other lots.  Lots 6, 7, and a portion of lot 8 will become one lot consisting of 2.27 acres with an existing home site.  Portions of lot 8 and lot 24 will become a new .77 acre lot with a home site and the remaining acreage will be reconfigured to create a lot of .17 acres with an existing home site.  The smallest lot was .13 acres and will now become .17 acres so none of the reconfigured lots will be smaller than the original size. The property is located in the Glen Haven area north of County Road 43 on North Fork Road. The Glen Haven subdivision was recorded in 1887 and consisted of 669 lots. 


The property is currently zoned E-1 Estate which will remain the same.  The minimum lot size in the E-1 Estate zoning district is 2 acres if a well or septic system is used.  These lots are currently non-conforming.  The lot, when reconfigured, will be larger than they currently are.


All covenants, deed restrictions and other conditions which applied to the original subdivision will continue to apply. This proposal meets the review criteria.


The following agencies have provided comments or verbally indicated they have no comments to the proposal:

 

  • The Larimer County Department of Health and Environment
  • The Larimer County Surveyor
  • The Larimer County Engineering Department
  • The Larimer County Addressing Coordinator

 

All other affected utility companies have agreed to the request. The Larimer County Land
Surveyor and Planning staff have made comments regarding some corrections that need to be made to the amended plat before recording. A condition of approval is proposed requiring the changes be made before the plat is recorded.


The proposed Amended Plat for lots 6-8 and Lot 24, block 5, Glen Haven Subdivision, File # 15-S3348 meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code. Staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.


The Development Services Team recommends Approval of the Amended Plat for Lots 6-8 and lot 24, block 5, Glen Haven Subdivision, File # 15-S3348, subject to the following condition(s) and authorization for the Chair to sign the plat when the following conditions are met:

 

  1. All conditions of approval shall be met and the final plat recorded by June 7, 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 the Planning Staff and Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

2.         EAGLE LAKE FIRST FILING LOT 15 AMENDED PLAT, FILE #15-S3347:  This is a request to combine lot 15 of the Eagle Lake 1st Filing to the adjacent 2.23 acre metes and bounds parcel and the 0.12 acre metes and bounds parcel which were orphaned from the Eagle Lake subdivision for purposes of a potential right-of-way which was never used.

 

The project request is for combining two metes and bounds parcels with Lot 15 of the Eagle Lake 1st Filing to create a resultant lot of 6.290 acres. Eagle Lake 1st Filing, lot 15, is currently 4.06 acres. There are two metes and bounds parcels adjacent to the east boundary of the Eagle Lake 1st Filing, lot 15, which are being added to lot 15 of the Eagle Lake 1st Filing with this Amended Plat. The larger metes and bounds parcel is approximately 2.23 acres. The smaller metes and bounds parcel which is a small sliver between lot 15 of the Eagle Lake 1st Filing and the larger metes and bounds parcel to the east is 0.12 acres. Therefore, combining the two metes and bounds parcels would total 2.35 acres. These 2.35 acres added onto the 4.06 acres of Eagle Lake 1st Filing, lot 15, would create a resultant lot with a total acreage of 6.290 acres.

 

In the 1990s, the Eagle Lake Master Plan was created and the 2.23 acre metes and bounds parcel along with the 0.12 acre metes and bounds parcel were originally part of the parcel that is connected to the north (parcel number 9814000002). The two metes and bounds parcels were originally intended as right of way to be further developed in a later phase of the subdivision. The next phase of the Eagle Lake subdivision never occurred and the two metes and bounds parcels were orphaned from the parcel to the north.

 

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

 

  • Addressing
  • Assessors Office
  • Code Compliance
  • Engineering
  • Department of Health and Environment
  • Brian Helminiak, County Surveyor, commented with a list of technical corrections of which will need to be modified prior to recording of the plat.

 

Eagle Lake 1st Filing, lot 15, is 4.06 acres and is being combined with the two metes and bounds parcels to the east. The two metes and bounds parcels total 2.35 acres. When the metes and bounds parcels are combined with Eagle Lake 1st Filing, lot 15, the resultant lot size of this Amended Plat will be 6.029 acres.

 

The 2.23 acre metes and bounds parcel was shown to originally be connected to the parcel to the north (parcel number 9814000002). However both the metes and bounds parcels (2.23 acres and 0.12 acres) were originally intended to be right of way in future phases of the subdivision. However, future phases never occurred and the two metes and bounds parcels were orphaned from the parcel to the north.

 

The proposed Amended Plat does not affect any surrounding property owners. The Development Services Team recommends approval of the Eagle Lake 1st Filing, Lot 15  Amended Plat, File #15-S3347, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met:

 

  1. All conditions of approval shall be met and the final plat recorded by June 7, 2016, or this approval shall be null and void.
  2. Prior to the recordation of the final plat the applicant shall add a note to the plat stating that the resultant lot will be subject to the same restrictions, covenants and regulations set forth in the plat of record for the Eagle Lake 1st Filing, lot 15 .
  3. 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.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

3.         MUHLENBRUCK - ORDER AND ASSESSMENT FOR COSTS INCURRED PURSUANT TO COURT ORDER, FILE #14-CC0294:  Costs and expenses to remove and dispose of rubbish were incurred by the County pursuant to a Court Order issued on September 5, 2015.  These costs and expenses were not paid by the property owner as requested.  Pursuant to the Court Order, unpaid costs incurred to remove and dispose of rubbish may be assessed as a lien against the property.  Staff is, therefore, requesting the Board of County Commissioners approve this Order and Assessment.

 

  1. A Court Order dated September 5, 2015 required the property owner to clean up the subject property on or before October 5, 2015. 
  2. The property owner did not remove the rubbish as required.
  3. The Court Order authorized the County to enter the property to remove and dispose of the rubbish in the event the property owner failed to do so.
  4. The County removed and disposed of the rubbish on October 22, 2015.
  5. A report of costs for the removal and disposal costs was served on the owner on October 28, 2015, with a request for the amount owing be paid to the County within thirty (30) days.
  6. The owner did not pay the amount owing.
  7. The Court Order provided that clean-up costs incurred by the County be fully reimbursed within thirty (30) days by the property owner and that any unpaid amounts after thirty (30) days be assessed as a lien against the property collectible by the Larimer County Treasurer in the same manner and with the same priority as general real property taxes.
  8. Notice of this hearing was provided to the owner via a letter dated and served October 28, 2015.

 

Mr. Brooks asked that the Board approve the order and assessment for a total of $5258.36. Commissioner Johnson asked Mr. Brooks to quantify the four expense items listed in the assessment. Mr. Brooks proceeded to explain that item one was for removal of the rubbsih, item two was for the driver and dump truck, item three was for supplies such as bags and cans, and item four was for the presence of deputies on the premises during the removal.

 

Chair Gaiter then opened for public comment. No one was present to make comment.

 

M O T I O N

 

Commissioner Donnely moved that the Board of County Commissioners approve the Order and Assessment for Costs Incurred Pursuant to the Court Order.

 

Motion carried 3-0.

 

There being no further items, the Board adjourned at 3:20 p.m.

 

 

TUESDAY, DECEMBER 8, 2015

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were: David Ayraud and William Ressue, County Attorney's Office; Jen Baker, Donna Hart, Joshua Fudge, Commissioner’s Office; Stephen Gillette and Linda Hammet, Solid Waste Department; Nancy Griffith-Conklin, Community Corrections Department; Anne Marie Grobarek, Human Services; Gary Buffington and Charlie Johnson, Department of Natural Resources; Deputy Smith, Sheriff’s Office; Daniel Betts, District Representative for Senator Cory Gardner; and Craig Dorn, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

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

 

2.          APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 30, 2015:

 

M O T I O N

 

Commissioner Donnely moved that the Board of County Commissioners approve the minutes for the week of November 30, 2015, as presented.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 14, 2015:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

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

 

12082015A001           EXPENDITURE AUTHORIZATION FY16 WORKFORCE INNOVATION AND OPPORTUNITY ACT

 

12082015A002           GRANT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND THE STATE OF COLORADO, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT

 

12082015A003           2014 HOMELAND SECURITY GRANT PROGRAM APPLICATION AND GRANT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND THE STATE OF COLORADO, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT

 

12082015A004           INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN LARIMER COUNTY, THE CITY OF LOVELAND AND THE CITY OF FORT COLLINS FOR THE COLORADO FRONT RANGE TRAIL FROM THE LOVELAND RECREATION TRAIL TO THE FOSSIL CREEK TRAIL

 

12082015A005           GRANT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND

 

12082015R001           FINDINGS AND RESOLUTION APPROVING THE VANNORSDEL APPEAL

 

12082015R002           RESOLUTION AMENDING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS EXCLUDING THE OFFICE OF THE DISTRICT ATTORNEY EFFECTIVE JANUARY 1, 2016

 

12082015R003           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS EFFECTIVE JANUARY 1, 2016

 

MISCELLANEOUS:  Recommended mid-term appointment of Bill Gerritz to the Estes Valley Library District;  Recommended appointment of John Krueger to the Estes Valley Library District;  Public Trustee 3rd Quarter Report, 2015;  Recommended appointment of Martin Nelson to the Environmental and Science Advisory Board;  Recommended appointment of Corey Broeckling to the Environmental and Science Advisory Board;  Recommended appointment of David Lehman to the Environmental and Science Advisory Board;  Board of Assessment appeals State of Colorado, Stipulation as to tax year 2015 value;  Colorado Department of Human Services (CDHS) Certification Of Compliance County Merit System year 2016.

 

LIQUOR LICENSES: The following licenses were approved and/or issued:  The Rock Inn - Brew Pub - Estes Park;  Hometown Liquors - Retail Liquor Store - Berthoud;  Best Western Crossroads - Tavern - Loveland;  Green Events - Special Event 6% - Fort Collins;  Masonville Store - 3.2% - Masonville;  Pot Belly Restaurant and Lounge - Tavern - Red Feather Lakes.

 

5.         COMMENTS FROM COMMISSIONERS' GUESTS:  Commissioner Donnelly introduced Gladys Forshee who is a resident of Superior Colorado. Ms. Forsee addressed the board about establishing a permanent Veterans Memorial for Veterans from the Masonville and Buckhorn Valley region. Some conversation ensued about funding and potential locations.

 

6.         WAIVER OF COUNTY POLICY REGARDING HIRING FTES PRIOR TO THEIR APPROVAL DATE OF JANUARY 1, 2016:  Mr. Gillette and Ms. Hammett addressed the Board regarding the Solid Waste Department's request for permission from the Board to hire three full time employee positions prior to January 1, 2016 for the Household Hazardous Waste program. This will allow the facility to operate during the same hours as the landfill, Monday through Saturday, 8:00am-4:30pm. Mr. Gillette commented that this was the main source of complaints they receive at the facility. Mr. Gillette also explained that one staff member had recently resigned and they will soon lose the temporary staff they currently have.

 

Commissioner Johnson asked if they have the money available to accommodate this request to which Mr. Gillette stated the Household Hazardous Waste program has more than sufficient funds in their budget to cover the cost.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Solid Waste Department’s request to hire one additional Hazardous Material Technician and two Hazardous Waste Assistants prior to January 1, 2016.

 

Motion carried 3-0.

 

7.         2015 UNITED WAY CAMPAIGN RESULTS:  Ms. Conklin, Ms. Hammett, and Ms. Grobarek addressed the board regarding an overview of the 2015 United Way Campaign results. Ms. Conklin went over the preliminary figures they received last Friday which indicated that $61,966 was donated from employees of Larimer County. Ms. Conklin also reviewed feedback they have received, events they hosted throughout 2015, and the Chair change in 2016 where Linda Hammett will take over.

 

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

 

9.    WORKSESSION:  Ms. Hoffman updated the Board on various projects and activities and asked that Mr. Fudge address the Board regarding some alterations to the 2016 Budget Adoption. Mr. Fudge explained a carryover of $1.5 million for Road and Bridge which had a surplus of funds in 2015. Mr. Fudge stated that they will be putting that towards the 2016 budget for expansion of county roads and maintenance on a few other roads with rock slide issues. Commissioner Donnelly commented that these were originally planned for 2015 but were not completed.

 

10.       EXPENDITURE OF OPEN SPACE SALES TAX FUNDS FOR PARTNERSHIP WITH THE CITY OF LOVELAND AND BERTHOUD TO PURCHASE THE BEIERWALTES PROPERTY:  Mr. Buffington and Mr. Johnson addressed the Board in regards to the Department of Natural Resource's request to approve the expenditure of open space sales tax funds for a partnership with the City of Loveland and Berthoud to purchase the Beierwaltes property. The City of Loveland has a contract to purchase the 188 acre Beierwaltes property southwest of Loveland. The City has requested financial partnership with Larimer County in this transaction. Larimer County will hold any potential Great Outdoors Colorado (GOCO) conservation easement and be responsible for future annual monitoring and easement enforcement. This property will be included in a concept paper submitted to GOCO Large Landscape Protect Initiative that is anticipated to be requested in mid-December. In the event that the GOCO concept paper is successful, full applications would be due early in the spring of 2016 with awards in the summer. The City of Loveland intends to close prior to the potential grant award announcement and seek reimbursement from GOCO at a later date.


Mr. Johnson went over several items of value that will come from this acquisition including three separate natural areas, an active Golden Eagle nest, and a linkage for the Front Range Trail between Berthoud and Loveland. Mr. Johnson then went on to explain the breakdown of proposed funding sources, having Loveland contributing $2,547,000, Larimer County Natural Resources contributing $375,000, and Berthoud contributing $100,000.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioner’s approve the Expenditure of $375,000 of Open Space Sales Tax Funds to Partner with the City of Loveland and Berthoud to Purchase the Beierwaltes Property and hold any future GOCO conservation easement.

 

Motion carried 3-0.

 

10.       SECOND READING AND PUBLIC HEARING FOR THE ORDINANCE RELATING TO SOLICITATION, INCLUDING PANHANDLING IN THE UNINCORPORATED TERRITORY OF LARIMER COUNTY; REPEALING ALL ORDINANCES IN CONFLICT (OPEN FOR PUBLIC COMMENT):  Mr. Ayraud addressed the Board regarding alterations made to the second reading of the Ordinance for Solicitation Including Panhandling. Mr. Ayraud noted that item 5.2 of the ordinance is redundant and thus was collapsed it into item 5.1. Mr. Ayraud then addressed item 5.1.b. which is in regards to standing on a median and the safety concerns associated with it. Mr. Ayraud explained that the Sheriff’s Office did not want to quantify what dimensions are safe so they eliminated the stipulation entirely.

 

Mr. Ayraud stated that due to these changes being made they will have to republish the ordinance and come back for a third reading which will most likely occur in January of 2016 and will be open for public comment.

 

The meeting recessed at 9:50 a.m. and reconvened at 9:55 a.m.

 

11.       LEGAL MATTERS:  Mr. Ressue requested that the Board of County Commissioners enter into Executive Session regarding the Anheuser-Busch Tax Appeal Expert Witness.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners enter into executive session for conferences with an attorney for the purpose of receiving legal advice as outlined in 24-6-402(4)(b) CRS.

 

Motion carried 3-0.

 

The executive session ended at 10:10 a.m. with no action taken.

 

 

 

 

 

                                                                                              _______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Craig Dorn, Deputy Clerk