MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, December 17, 2018

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Carol Kuhn, Principal Planner. Chair Johnson presided, and Commissioner Donnelly and Commissioner Dougherty were present. Also present were: Eric Fried, Chief Building Official; Leslie Ellis and Savannah Benedick-Welch, Community Development; Tracy Shambo, Engineering; Lea Schneider, Health Department; Jeannine Haag, County Attorney; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson noted that the first item on the Consent Agenda is a continuation item from November 5, 2018.  Additionally, he 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.

Members of the audience requested item #4 Puebla Vista Estates Lot 8 Easement Vacation File #18-land3835 be removed from the Consent Agenda.

 

1.         2018 BUILDING CODES AMENDMENTS: The measure includes adoption of the 2018 International Residential Code, 2018 International Building Code, 2018 International Plumbing Code, 2018 International Mechanical Code, 2018 International Fuel Gas Code, 2018 International Energy Conservation Code, 2018 International Existing Building Code, and 2018 International Property Maintenance Code, as amended by Larimer County, and repeal the currently adopted 2015 International Residential Code, 2015 International Building Code, 2015 International Plumbing Code, 2015 International Mechanical Code, 2015 International Fuel Gas Code, 2015 International Energy Conservation Code, 2015 International Existing Building Code and 1997 Uniform Code for the Abatement of Dangerous Buildings, as amended by Larimer County, to be effective February 1, 2019.

 

Every three years, the International Code Council (ICC) publishes new editions of the International Residential, Building, Plumbing, Mechanical and related codes (I-Codes). Headquartered in Washington D.C., with regional offices in Alabama, Illinois and California, the ICC was created in 1994 by the merger of three separate building code groups from the Southern, Eastern and Western parts of the United States. These organizations have roots going back to early 20th century America. Through extensive nationwide discussion, proposals, amendments, public hearings and electronic voting, the I-Codes are developed by construction industry and code professionals and adopted around the country as model codes based on the best, most recent building science. The I-Codes form a framework upon which Larimer County develops its building code with local amendments reflecting the County’s specific circumstances. The County’s building codes are reviewed by a community/staff Code Review Committee, the Building Board of Appeals and Planning Commission (PC), and ultimately reviewed, revised and adopted by the Board of County Commissioners

 

2.         ESTES VALLEY DEVELOPMENT CODE (EVDC) TO: 1) REVISE TABLE 5-1 (ACCESSORY USES PERMITTED IN THE RESIDENTIAL ZONING DISTRICTS CODE AMENDMENTS: The Estes Park Nonprofit Resource Center (EPNRC) has been utilizing office space provided by the Presbyterian Community Church of the Rockies under a Temporary Use Permit (TUP) granted by the Town of Estes Park since August 2017.  The permit expired on September 30, 2018. The TUP is not eligible for additional extensions as TUP’s cannot be granted for more than one year from initiation. The EPNRC currently occupies 2 underutilized rooms within the church for general office operations during normal business hours of Monday through Friday 8:00 a.m.to 5:00 p.m. The church has adequate parking to support both uses in addition to available unused space. The EPNRC has searched elsewhere in the Estes Valley for suitable and affordable office space, but with no success.

 

This code amendment would allow similar agreements within the RM Multi-Family Residential Zoning District where adequate space is available and uses are compatible. It is important to note that the RM Multi-Residential Zoning District allows not only for residential uses, but allows uses such as senior care facilities, day cares, and religious assemblies with an S2 review. It also allows government facilities, low-intensity accommodations, and public schools as permitted by right uses. These examples would be facilities that could have the ability to offer accessory office space with an S2 Special Review procedure, subject to restrictions.

 

This request would be to allow “offices” in the RM Multi-Family Residential Zoning District with an (S2) Special Review Use procedure, subject to specific use standards outlined within Section §5.2.B.2.I. EVDC. Office use is defined in Section §13.2.33 EVDC. The Special Review Use provision would ensure the ability to conduct public outreach and comment and place conditions on a proposed use to ensure minimal impact to the surrounding neighborhood. An addition to Section §5.2: (Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts.) as it pertains to “Offices” in the RM Multi-Family zoning district is proposed to include the following use standards:

 

1. Offices permitted as an accessory use in RM Multi-Family Residential Zoning Districts upon S2 Special Review Use approval by the Decision-Making Body, subject to the following requirements:

 

a) No accessory offices shall cumulatively exceed 25% of the gross floor area of the principal structure.

 

b) The accessory office use must be incorporated within the primary structure that exists at the time of Special Review approval.

 

c) Off-street parking for an accessory office use must comply with §7.11.D at 1 space per 200 square feet of gross floor area.

 

d) Should existing parking be insufficient, a Development Plan shall be required to accompany the S2 Special Review application, prior to installation of additional parking spaces.

 

The Planning Commission reviewed this amendment on November 13, 2018, and recommended unanimously, with two members absent, that it be approved by Town of Estes Park Board of Trustees and the Board of Larimer County Commissioners.

 

3.         FERGUSON THREE AND FOUR-TOWNHOME SUBDIVISION-PRELIMINARY PLAT: The applicant requests approval of two preliminary Townhome Subdivision lots.  The project areas are located west of Mary’s Lake Road and north of Giant Track Road. The properties are zoned A-1 Accommodations. Ferguson Three is approximately 0.38 acres and Ferguson Four is approximately .39 acres in size. Ferguson Three and Four have been issued building permits for the construction of a duplex building on each existing lot.  The proposals entail creating two townhome subdivisions. Each townhome subdivision would consist of two townhome lots and two outlots. Each subdivision will contain a townhome building (converted duplex), with each unit being located on one townhome lot.

 

All subdivision standards and criteria set forth in Chapter 10 of the Estes Valley Development Code, “Subdivision Standards,” and all other applicable provisions of this Code have been met with this Preliminary Plat application.  Townhome Subdivision Preliminary Plat applications are reviewed by the Estes Valley Planning Commission. Townhome Subdivision Final Plats are reviewed by Town Board or the Board of County Commissioners.

 

On November 13, 2018 the Estes Valley Planning Commission unanimously approved the Ferguson Two Townhome Preliminary Plat. The Commission approved the following conditions:

 

1. A detailed grading and drainage plan for both projects shall be submitted with the Final Plat applications.

           

2. Shared drainage and maintenance easements between Ferguson Townhome Three and Four shall be shown on the Preliminary Plats and Final Plats.

 

            3. A Road Maintenance Agreement shall be submitted with Final Plat applications.

 

In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail-Gazette, and mailed notices were sent to surrounding property owners pursuant to EVDC 3.15.  As of November 20, 2018, no formal written comments have been received for this application package.

 

M O T I O N

 

Commissioner Daugherty moved approval of the consent agenda as amended and outlined above.

 

Motion carried 3-0.

 

 

4.         PUEBLA VISTA ESTATES LOT 8 EASEMENT VACATION FILE #18-LAND3835: Savannah Bendick-Welch briefed the Board on the project. Ms. Bendick-Welch reported that the owners of the property are proposing an easement vacation of the 10-foot utility easement along the north property line. The property is located in the Puebla Vista Estates subdivision. The surrounding zoning is FA-Farming and the surrounding use is predominantly single-family residential. The subject property is approximately 1-acre. The applicant is also requesting a Public Site Plan for a detached accessory living area that is proposed to be located 5 feet from the north property line.

 

Ms. Welch reviewed the Larimer County Land Use Code (Section 5.9.3) which allows for the approval of a Right-of-Way or Easement Vacation if the following review criteria are met:

 

A. Approval of the vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services. The proposed utility easement vacation will not leave any land adjoining the right-of-way without an established access or utility/drainage services. The East Larimer County Water District (ELCO Water) and Cherry Hills Sanitation District have signed the utility checklist indicated that utilities will not be affected by this easement vacation.

 

B. The recommendations of referral agencies have been considered. The referral agencies have no concerns with the proposed easement vacation.

 

C. Any right-of-way that is vacated will be divided equally between the lots on each side, unless it can be demonstrated that all of the right-of-way was originally taken from one parcel. In that case, the right-of-way will be returned to that parcel. Property owners on each side of the right-of-way may agree to divide the vacated right-of-way differently but must sign deeds to transfer ownership after the County Commissioners approve the vacation. The proposed vacation does not include a right-of-way and will only vacate a utility easement along the north property line, of which utility providers have indicated they do not need for services.

 

There was brief discussion between the Board and staff clarifying which utility companies had responded to the applicant’s request and if any of the current space was being utilized by utility companies.

 

Travis Morrison, the applicant, then addressed the Board.  Mr. Morrison relayed that he is seeking the vacation of the easement as a first step in building an accessory dwelling unit for his mother-in-law.  Mr. Morrison also reported that the proposed location of the unit is situated on the north side of the property in an effort to keep form with the other structures on the property.

 

Chair Johnson then opened the hearing up for public comment.  Jim Dixon spoke in opposition to the project.  Mr. Dixon stated that the building of the accessory dwelling violates the subdivision’s covenants which state that there is to be a single living unit per lot.  Mr. Dixon noted that while he did not oppose the vacation per se, he did oppose the overall project. Chair Johnson closed public comment and invited the applicant to come back and address the Board. 

 

Mr. Morrison reported to the Board that he has every intention of bringing his plans to the neighborhood HOA for approval.  He is seeking the vacation of the easement as an initial step in the process.

 

M O T I O N

 

Commissioner Donnelly moved the Board of County Commissioners approve the Easement Vacation for Puebla Vista Estates, Lot 8, File # 18-LAND3835, subject to the conditions outlined above.

 

Motion carried 3-0.

 

With there being no further business, the Board recessed at 3:20 p.m.

 

LAND USE HEARING

 

The Board of County Commissioners met at 6:30 p.m. with Carol Kuhn, Principal Planner. Chair Johnson presided, and Commissioner Donnelly and Commissioner Dougherty were present. Also present were: Leslie Ellis and Rob Helmick, Community Development; Mark Peterson, County Engineer; Lea Schneider, Health Department; Todd Blomstrom, Public Works Director; Jeannine Haag, County Attorney; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson noted that the following item is a continuation item from August 1, 2018.

 

1.         THORNTON WATER PROJECT 1041, FILE #18-ZONE2305: Rob Helmick presented to the Board a staff update.  Mr. Helmick reported that the City of Thornton continues its application to obtain a 1041 permit for the construction of a 48” water line, a 40 million gallon per day pumping facility, one million-gallon above ground water tank and other appurtenant facilities.

 

Mr. Helmick noted that on August 1, 2018, the Board of County Commissioners continued its hearing to December 17, 2018 to allow County staff and Thornton time to provide the specific additional technical information as discussed by the Commissioners, and so County staff could involve the public through meetings and open houses. Specifically, the Commissioners stated concerns with the application’s relationship to meeting the review criteria, concerns about seeing alternatives analysis, and interest in better engaging the public in the process. The Board also discussed mitigating impacts to and seeking better benefits to the County from the project. Mr. Helmick noted that since August, County staff has worked with a Working Group of 28 members, with the community at large, and the City of Thornton to answer questions and address concerns raised by the Board of County Commissioners. Northern Water also participated in the process regarding questions of co-location of their proposed pipeline.

 

Ms. Ellis then addressed the Board regarding the staff’s response to this direction from the Commissioners. Ms. Ellis noted that Larimer County staff proposed a full engagement process including a Working Group, public events, a webpage, and coordination with the City of Thornton as well as Northern Colorado Water Conservation District (Northern) to identify potential synergies of the conveyance of water projects.

 

Ms. Ellis reported to the Board that staff interviewed three different facilitators and ultimately selected Peak Facilitation to aid in the engagement process.  She also noted that the County has also brought in independent consultants to aid in addressing ongoing traffic, water flow and environmental concerns. 

 

Heather Bergman, Peak Facilitation, then addressed the Board.  Ms. Bergman noted that based on the participation that had ensued over several months during the hearing process, Peak, in concert with County staff developed a matrix of stakeholders and then invited 30 people to join the Working Group, of whom 28 accepted. With the list of stakeholders and invitations, the County had an eye toward establishing a group that reflected a diversity of geographic neighbors and perspectives.

 

Ms. Bergman reported that the Working Group met for three hours a total of five times in September, October, and November 2018, with an average of two weeks between meetings which are described below. She noted that although it may have been beneficial for the Working Group to meet more times in order to work through additional issues, questions, and ideas, this was the maximum amount of meeting time possible in the available timeframe between September and December 17. Ms. Bergman reported that it was an aggressive meeting schedule, with many LWPWG members doing additional work in between meetings. Ms. Bergman noted that is a testament to the commitment of the members of the Working Group that participation in meetings never wavered or lagged, even when members were frustrated by the process.

 

Ms. Bergman also noted that addition to these five meetings, the County also hosted two community meetings to solicit a broader range of feedback from the larger community, as well as three technical webinars to allow for deeper dives into some of the technical issues and challenges. Ms. Bergman reported that from these meetings, the group was able to better understand community concerns and examine a variety of options for moving the project forward

 

The Board took an opportunity to thank the members of the Working Group for the effort and energy they have expended in trying to seek viable options for the project.  The Board also pointed out that collaboration between partners often yields the best results. Chair Johnson invited the City of Thornton forward to present their updated application.

 

Todd Barnes, City of Thornton Communication Director; Emily Hunt, City of Thornton Water Quality Manager, Jason Curl, Water Quality and Treatment Specialist, Maria Ostrum, City of Thornton’s Chief Finance Officer, and Brett Henry, City of Thornton’s Executive Director of Infrastructure addressed the Board.  Mr. Barnes reported that the City of Thornton heard the Board’s direction for additional public input and a need for enhanced community engagement. He noted that the City of Thornton was not an official member of the Working Group, but rather there to listen and learn as well as act as a resource when needed. Mr. Barnes reported that the City believes that the information gathered led to a better route for the project while minimizing impact.

Ms. Hunt then walked the Board through what the City of Thorton learned from the working groups and the key concerns of the community. The City understood that the Board wanted to hear more about alternatives and community input. The Working Group categorized the community interest into 7 categories: agriculture, conveyance, construction, environment, quality of life, water supply, process and an added category of colocation. Ms. Hunt also noted that the City of Thornton has a number of needs and concerns that the project must meet. The City of Thornton’s concerns include: public health/water quality, water yield, executing the water decree, existing storage, a 2025 delivery deadline and fiscal responsibility.  Ms. Hunt reported that the City believes that the update application best marries the needs of the City of Thornton along with the concerns of the citizens and communities along the pipeline.

 

Finally, Brett Henry- Executive Director of Infrastructure for the City of Thorton addressed the Board on the Route 56 Alternative Concept. Mr. Henry walked the Board through how in the City of Thorton’s estimation the Road 56 option meets the criteria identified in the 1041 application. He specifically addressed questions the Board had in previous hearings regarding criteria 2, 4, 6, 8 and 11.

Discussion between the Board and Larimer County staff regarding additional information the Board might seek.  Specifically, the Board would like the City of Thorton to directly reach out to the property owners who will be impacted.  Also, the Board would like a detailed evaluation of the impact to the transportation system along the pipeline route. Lastly, the Board requested the City of Thorton to take a strong look at environmental impact and look at further means of mitigating that impact.

Chair Johnson noted that the hearing would be continued until January 28, 2018. With there being no further business, the Board adjourned at 9:20 p.m.

 

TUESDAY, DECEMBER 18, 2018

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Johnson presided, and Commissioner Donnelly and Commissioner Dougherty were present. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT:  Chair Johnson opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  There was no public comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 10, 2018:

 

M O T I O N

 

Commissioner Donnelly moved the Board of County Commissioners approve the minutes for the week of December 10, 2018.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 24, 2018, DECEMBER 31, 2018 AND JANUARY 7, 2019:   Ms. Gimeson reviewed the schedule for the upcoming weeks with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS: Recommended Denial-Thomas Langush #R0158089/87163-00-015 (2016/2017). Recommended Denial- Chadwick C. and Brenda L. Nordtvedt # R1612092/88120-00-023 (2016)

 

12182018A002             CORONER'S OFFICE CHANGE ORDER REQUEST FOR LODOX X-RAY MACHINE BY AND BETWEEN LARIMER COUNTY AND BRYAN CONSTRUCTION

 

12182018A003             PROFESSIONAL SERVICES AGREEMENT (P18-16) BY AND BETWEEN LARIMER COUNTY AND AVI PROFESSIONAL CORPORATION

 

12182018A004             PROJECT NO. 5034 - CONSTRUCTION SERVICES AGREEMENT FOR POUDRE RIVER REHABILITATION AT RIVER BLUFFS OPEN SPACE BY AND BETWEEN LARIMER COUNTY ENGINEERING AND EDGE CONTRACTING, INC.

 

12182018A005             PROJECT NO. 9363 - CONSTRUCTION SERVICES AGREEMENT FOR WILDBRIAR LANE BRIDGE REPLACEMENT OVER THE BIG THOMPSON RIVER

 

12182018A006             TERMINATION AGREEMENT

 

12182018A007             2019 STATEMENT OF WORK AND BUDGET AGREEMENT BY AND BETWEEN LARIMER COUNTY AND TOWN OF WELLINGTON

 

12182018A008             CHARGEPOINT MASTER SERVICES AND SUBSCRIPTION AGREEMENT BY AND BETWEEN LARIMER COUNTY AND CHARGEPOINT

 

12182018A009             PROFESSIONAL SERVICES AGREEMENT (P18-21, RIGHT OF WAY AND EASEMENT ACQUISITION SERVICES) BY AND BETWEEN LARIMER COUNTY AND WESTERN STATES LAND SERVICES, INC.

 

12182018A010             2019, LCCC WATER & ENERGY PROGRAM - EFFICIENCY AUDITS AND TRAINING RENEWAL AGREEMENT BY AND BETWEEN LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT AND CITY OF LOVELAND

 

12182018A011              STATEMENT OF WORK AND BUDGET AGREEMENT FOR 2019 BY AND BETWEEN LARIMER COUNTY AND TOWN OF BERTHOUD

 

12182018A012             RESOLUTION APPROVING 2019 LAW ENFORCEMENT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND TOWN OF TINMATH

 

12182018P001              310.8A SECURITY PROGRAM POLICY

12182018R001             FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF RAND MLD LOT 1, BOWERS MRD LOT 2, JOYS MRD LOT 1, VAUGHN CECIL SUBDIVISION LOT 1 AND APPEAL

 

12182018R002             LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 104, 105 AND 106 OF CRYSTAL LAKES 12TH FILING.

 

12182018R003             RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE TIPS CONSERVATION DEVELOPMENT

 

MISCELLANEOUS: CDHS Certification of Compliance-Year 2019, County Personnel and Merit System; 2021 Hazard Mitigation Plan Update Required Documentation Packet; Recommended Reappointment to the Retirement Board; Recommended Reappointment to the Larimer Emergency Telephone Authority; Colorado Central Planning Region’s Regional Plan for Execution of Workforce Development Activities.

 

LIQUOR LICENSES:  Golf Club at Fox Acres– Hotel and Restaurant with Optional Premise – Red Feather Lake; Best Western Crossroads Inn –Tavern – Loveland; Cherokee Park Dude Ranch – Hotel and Restaurant– Livermore.

 

M O T I O N

 

Commissioner Dougherty moved the Board of County Commissioners approve the consent

agenda, as outlined above.

 

Motion carried 3-0.   

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioners did not have any guests.

 

6.         NEXT50 INITIATIVE FUNDING FOR EXPANSION OF SENIOR ACCESS POINTS PROJECT: Lynda Meyer, Office on Aging; Keri Rollins and Sue Schneider, Cooperative Extension. Ms. Rollins reported to the Board that the Senior Access Points (SAP) project is a collaboration among Larimer County Extension, the Larimer County Office on Aging, the Partnership for Age-Friendly Communities, and CSU’s Department of Human Development and Family Studies. She noted that as the SAP agency lead, Larimer County Extension has been awarded a 2-year grant totaling $149,500 to expand the work of Senior Access Points.

 

Dr. Schneider then briefed the Board on the goals of the program.  She noted the overall project goal is to help connect rural and isolated residents in Larimer County to aging-related resources and services. This new funding will allow the County to extend our collaborations, train rural Ambassadors, and build sustainability for outreach efforts. SAP has developed a web-based portal (LarimerSeniors.org) to help Larimer County residents identify resources, services and supports for older adults and caregivers. Through a volunteer Ambassador program, SAP provides education and outreach to front-line community center staff, medical offices, and county residents to educate them about LarimerSeniors.org, the availability of Options Counseling with the Larimer County Office on Aging, and other aging guides and resources. Through collaborations with No Wrong Door partners, health systems and medical providers, CSU’s Center for Healthy Aging and gerontology program, and community coalitions like the Partnership for Age-Friendly Communities, Senior Access Points is able to identify outreach opportunities while not duplicating efforts.

 

Dr. Scheider told the Board that this measure specifically seeks to approve a grant contract with Next50 for $149,500 (which does not require any match from Larimer County) to support work in three areas: to raise awareness among rural and isolated residents about the availability of aging-related resources; extend collaboration among providers serving the aging population in order to reduce barriers for residents seeking aging-related resources; and build sustainability for continued outreach and collaboration.

 

M O T I O N

 

Commissioner Donnelly moved the Board of County Commissioners to approve the grant of $149,500.00 from the Next50 Initiative to Larimer County Extension to expand the work of the Senior Access Points project and increase awareness of aging related resources in Larimer County.

 

Motion carried 3-0.

 

7.         OBJECTIVES FOR THE 2018-23 STRATEGIC PLAN: Ms. Hoffman briefed the Board on the adoption of the Objectives for the 2018-23 Strategic Plan. Ms. Hoffman noted that the County selects a small number of goals to pursue in a 5-year timeframe to address critical needs in the community. The Commissioners adopted three goals for the 2018-23 Strategic Plan cycle this fall. Specific, measurable, achievable, realistic and time-stamped objectives have been developed for each of the goals. Ms. Hoffman noted the three goals the plan was centered on include: physical infrastructure, programs and services for a growing population and enhancing internal services.

 

M O T I O N

 

Commissioner Dougherty moved the Board of County Commissioner adopt the final draft objectives for the 2018-23 Strategic Plan.

 

Motion carried 3-0.

 

8.          COUNTY MANAGER WORKSESSION:  Ms. Hoffman updated the Board on upcoming projects and activities.

 

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

 

10.         LEGAL MATTERS: There were no legal matters to come before the Board

 

With there being no further business, the Board recessed at 9:50 a.m.

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 11:00 a.m. with, Jennifer Pawleshyn, General Appraiser. Chair Johnson presided, Commissioner Donnelly and Commissioner Dougherty were present. Also present were Bobby Dorris, Assessor’s Office and Elizabeth Carter, Deputy Clerk.

 

1.          PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2016 AND 2017 (SCHEDULE R1074598): Ms. Pawleshyn addressed the Board and presented a packet of information detailing the method in which the Assessor’s Office arrived at their current valuations for 2016 and 2017. The subject property is located at parcel #30193-50-010.

 

Ms. Pawleshyn noted that the Assessor’s Office provided the petitioner with a letter in October 2018 with the Office’s findings. The letter noted that the appraisal staff had researched and analyzed the properties in the area.  The Assessor’s Office found that the 2016 value is fair and equitable, and that no adjustment would be made for that tax year. For 2017 the appraisal staff has approved the petition in part with a value of $ 28,000.

 

Michael Witman, the petitioner addressed the Board.  Mr. Witman stated he believes the value of his property to be at $13,000. He noted that his property because of the topography and layout is not practical for building which reduces the value.  Additionally, Mr. Witman noted that his property is 1.6-acres and was being compared in value with properties up to 5-acres.

 

There was a discussion between the Board staff regarding comparable properties and lot size. There was also a discussion about a property being deemed buildable.

 

M O T I O N

 

Commissioner Dougherty moved the Board of County Commissioner set the value at $28,000 for both years.

 

Motion carried 3-0.

 

With there being no further business, the Board recessed at 11:30 a.m.

 

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 2:30 p.m. with, Jennifer Pawleshyn, General Appraiser. Chair Johnson presided, Commissioner Donnelly and Commissioner Dougherty were present. Also present were Bobby Dorris, Assessor’s Office and Elizabeth Carter, Deputy Clerk.

 

1.          PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2016 AND 2017 (SCHEDULE R0720402): Ms. Pawleshyn addressed the Board and presented a packet of information detailing the method in which the Assessor’s Office arrived at their current valuations for 2016 and 2017. The subject property is located at parcel # 86223-21-014.

 

Ms. Pawleshyn noted that the Assessor’s Office provided the petitioner with a letter in October 2018 with the Office’s findings. The letter noted that the appraisal staff had researched and analyzed the properties in the area.  The Assessor’s Office found that the 2016 and 2017 values are fair and equitable, and that no adjustment would be made for that tax year. For 2016 the appraisal staff has approved the petition in part with a value of $ 161,000 and for 2017 the value was determined to be $252,200.

 

Diane Schenk, the petitioner, was not present.

 

M O T I O N

 

Commissioner Dougherty moved that the Board of County Commissioners uphold the Assessor’s value for 2016 and 2017.

 

Motion carried 3-0.

 

With there being no further business, the Board recessed at 2:50 p.m.

 

NATURAL RESOURCES WEED DISTRICT RATE HEARING

 

The Board of County Commissioners reconvened at 3:30 p.m. with Gary Buffington, Natural Resources Director. Chair Johnson presided, and Commissioner Donnelly and Commissioner Dougherty were present. Also present were: Casey Cisneros and Meegan Flennikan, Natural Resources; Todd Blomstrom, Public Work Director and Elizabeth Carter, Deputy Clerk.

 

Mr. Cisneros addressed the Board about an increase in rates for weed services.  These services include: general labor/backpack spray, ATV spraying and mowing, roadside truck spraying, tractor mowing and spraying and UTV W/2 applicators.  He noted that the measure before the Board increases rates for these services by 16 percent.

 

Mr. Cisneros reported that there had not been a rate increase for these services since 2014.  He also noted that the Department of Natural Resources is seeking an annual rate increase as part of this measure. Lastly, Mr. Cisneros stated that currently the expenditures for weed services are higher than the revenue collected for the services.

 

Chair Johnson opened the hearing for public comment.  No one from the public commented on the measure and public comment was closed.

 

Chair Johnson noted that the measure would be continued until December 20, 2018 at 1:30 p.m.  With there being no further business, the Board recessed at 3:40 p.m.

 

NATURAL RESOURCES 2019 PROPOSED FEE ADJUSTMENT

 

The Board of County Commissioners met at 5:00 p.m. with Gary Buffington, Natural Resources Director. Chair Johnson presided, Commissioner Donnelly and Commissioner Dougherty were present. Also present were: Zach Wiebe, Natural Resources; Todd Blomstrom, Public Works Director and Elizabeth Carter, Deputy Clerk

 

Mr. Buffington briefed the Board on the proposed 2019 Fee Adjustment Proposal.  He noted that in July 2018 the Department engaged the assistance of financial analyst to review the revenue versus expenditure on the County’s parks and trails. That same month, the Department, convened a Citizens Advisory Board to review the suggested increases. The Advisory Board met 5 times, held 3 working sessions with the BOCC and held 3 open community meetings. 

 

Mr. Buffington then presented the Citizens Advisory Board’s recommendation to the Board.  Chair Johnson then opened the meeting for public comment.  The following individuals spoke in opposition to fee increases: Ed Sealley, Pam Howard, Misty, John Platt and Penny Reeb.  Their collective concerns centered on imposing fees at Devils Backbone thus eliminating a free outdoor activity for citizens and families, the impact to educational programs and the extent to which the increase will impact enforcement of park/trail regulations.  Russell Fruits, Nancy Wallace and Chris Klaas all spoke in favor of the increases.  They noted that the increases are needed to sustain and maintain these areas for future generations.  Chair Johnson closed public comment.

 

There was a discussion between the Board and staff regarding the last time there has been a fee increase.  The Board also discussed alternatives for the Devils Backbone Trail. Chair Johnson then noted that the measure would be continued until December 20, 2018 at 1:30 p.m. 

 

With there being no further business, the Board adjourned at 5:50 p.m.

 

THURSDAY, DECEMBER 20, 2018

 

NATRUAL RESOURCES AND BUDGET HEARING

 

The Board of County Commissioners met at 1:30 p.m. with Linda Hoffman, County Manager.  Chair Johnson presided, and Commissioner Donnelly and Commissioner Dougherty were present. Also present were: Matthew Behunin and Josh Fudge, Budget; Gary Buffington and Casey Cisneros, Natural Resources and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson noted the following measures were continued from December 18, 2018.

 

12202018R001              2019 FEE ADJUSTMENTS FOR LARIMER COUNTY RESERVIOR PARKS AND OPEN SPACES: Gary Buffington, Director of Natural Resources offered to answer any questions for the Board.  There was a brief discussion between the Board and staff regarding fees at Devil’s Backbone and potentially working with other partner to keep the space open and free.  Additionally, the Board discussed alternatives around price of the annual pass for veterans, seniors and low-income citizens in the County. Lastly, the Board also thanked Mr. Buffington and his staff, as well as, the Citizen Advisory Board and other partners for their diligently work on this issue.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners adopt the recommended 2019 fee rate excluding the fees at the Devils Backbone and setting the fee for the annual senior’s pass and annual passes for veterans at $65 for Larimer County residents.

 

Motion carried 3-0.

 

12202018R074             WEED DISTRICT FEE SCHEDULE: Casey Cisneros, Natural Resources offered to answer any questions for the Board.  There was a brief discussion between the Board and staff clarifying the rate applications. 

 

M O T I O N

 

Commissioner Dougherty moved that the Board of County Commissioners approve the Weed District Fee Schedule. These changes will be effective on January 1, 2019. Also, that the Natural Resources Director may without further approval from the Board adjust the Weed District fee Schedule each year to the annual U.S. Department of Labor Bureau of Labor Statistics Consumer Price Index for the Denver-Aurora-Lakewood, Colorado Area.

 

Motion carried 3-0.

 

Ms. Hoffman briefly addressed the Board.  She thanked Mr. Fudge and Mr. Behunin for all of their work on the current budget plan.  Ms. Hoffman also offered kudos to all the various department heads who keep their departments fiscally on track. Ms. Hoffman also noted that it is a testament to the County that staff is asked to share Larimer County’s budget process with other county governments.

 

Mr. Fudge explained that the purpose of the meeting was to approve the 2018 Amended Budget, to adopt the proposed 2019 County Budget, and to set Mill Levies.  Mr. Fudge presented a short overview of the budgets and mill levies

 

 

12202018R002            PUBLIC COMMENT ON THE 2018 REVISED AND 2019 COUNTY BUDGET ITEMS: Chair Johnson opened the hearing for public comment.  No one from the public commented on the measure.

 

12202018R003             NOTICE AND RESOULTION TO TRANSFER FUNDS AMEND BUDGET: Amend the 2018 Budget to amount that have been previously approved by the BOCC or the County Manager.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners amend the 2018 Budget.

 

Motion carried 3-0.

 

12202018R00 4            COUNTY OF LARIMER RESOLUTION TO ADOPT 2019 BUDGET AND SET COUNTY MILL LEVIES: This resolution sets the total budget amounts by fund, establishes the required mill levies to finance the budget, identifies the counting ‘basis’ for the budget, and discloses the annual maximum payment liability for all lease-payment agreements for Larimer County.

           

M O T I O N

 

Commissioner Dougherty moved that the Board of County Commissioners approve the resolution to adopt the 2019 budget and set County Mill Levies.

 

Motion carried 3-0.

 

RESOLUTIONS TO ADOPT 2019 BUDGETS AND SET MILL LEVIES (OTHER ENTITIES):

 

M O T I O N

 

Commissioner Donnelly moved that Board of County Commissioners approve resolution 5 through 70 to adopt the 2019 budgets and set mill levies for improvement districts, the Public Trustee, and Pest District.

 

12202018R005            LARIMER COUNTY GID #1991-1 ARAPAHOE PINES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R006 LARIMER COUNTY GID #1 IMPERIAL ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R007 LARIMER COUNTY GID #2 PINEWOOD SPRINGS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R008 LARIMER COUNTY GID #4 CARRIAGE HILLS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R009 LARIMER COUNTY GID #8 NAMAQUA HILLS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R010 LARIMER COUNTY GID #10 HOMESTEAD ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R011 LARIMER COUNTY GID #11 MEADOWDALE HILLS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R012 LARIMER COUNTY GID #12 CLUB ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R013 LARIMER COUNTY GID #13A RED FEATHER RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R014 LARIMER COUNTY GID #14 LITTLE VALLEY ROAD RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R015 LARIMER COUNTY GID #16 KITCHELL SUBDIVISION RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R016 LARIMER COUNTY GID #17 COUNTRY MEADOWS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R016 LARIMER COUNTY GID #18 VENNER RANCH RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R017 LARIMER COUNTY PID #19 HIGHLAND HILLS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R018 LARIMER COUNTY PID #20 PTARMIGAN RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R020 LARIMER COUNTY PID #21 SOLAR RIDGE RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R021 LARIMER COUNTY PID #22 SADDLEBACK RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R022 LARIMER COUNTY PID #23 EAGLE ROCK RANCHES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R023 LARIMER COUNTY PID #24 WESTRIDGE RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R024 LARIMER COUNTY PID #25 ESTES PARK ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R025 LARIMER COUNTY PID #26 EAGLE RANCH ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R026 LARIMER COUNTY PID #27 CROWN POINT RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R027 LARIMER COUNTY PID #28 TROTWOOD RANCHES RESOLUTION TO ADOPT 2018 BUDGET AND SET LEVIES

 

12202018R028 LARIMER COUNTY PID #29 VINE DRIVE RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R029 LARIMER COUNTY PID #30 POUDRE OVERLOOK RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R030 LARIMER COUNTY PID #31 FOOTHILLS SHADOW RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R031 LARIMER COUNTY PID #32 CHARLES HEIGHTS RESOLUTION TO ADOPT 2018 BUDGET AND SET LEVIES

 

12202018R032 LARIMER COUNTY PID #33 PRAIRIE TRAILS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R033 LARIMER COUNTY OID #34 MOUNTAIN RANGE SHADOWS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R034 LARIMER COUNTY PID #35 BRUNS RESOLUTION TO ADOPT 2018 BUDGET AND SET LEVIES

 

12202018R035 LARIMER COUNTY PID #36 BONNELL WEST RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R036 LARIMER COUNTY PID #37 TERRY COVE RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R037 LARIMER COUNTY PID #38 CENTRO BUSINESS PARK #1 RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R038 LARIMER COUNTY PID #38 CENTRO BUSINESS PARK #2 RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R039 LARIMER COUNTY PID #38 CENTRO BUSINESS PARK #3 RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R040 LARIMER COUNTY PID #40 PARAGON ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R041 LARIMER COUNTY PID #41 THE BLUFFS RESOLUTION TO ADOPT 2018 BUDGET AND SET LEVIES

 

12202018R042 LARIMER COUNTY PID #42 COTTONWOOD SHORES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R043 LARIMER COUNTY PID #39 RAINBOW LAKES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R044 LARIMER COUNTY PID #43 GRAYHAWK KNOLLS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R045 LARIMER COUNTY PID#44 HORSESHOE VIEW ESTATES SOUTH RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R046 LARIMER COUNTY PID#45 WILLOWS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R047 LARIMER COUNTY PID #46 KORAL HEIGHTS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R048 LARIMER COUNTY PID #47 PARK HILL RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R049 LARIMER COUNTY PID #48 PUEBLA VISTA ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R050 LARIMER COUNTY PID #49 WAGON WHEEL RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R051 LARIMER COUNTY PID #51 CLYDESDALE ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R052 LARIMER COUNTY PID #52 SOLDIER CANYON ESTATES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R053 LARIMER COUNTY PID #53 HORSEHSOEVIEW ESTATES NORTH RESOLUTION TO ADOPT 2018 BUDGET AND SET LEVIES

 

12202018R054 LARIMER COUNTY PID #54 TERRY SHORES RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R055 LARIMER COUNTY PID #55 STORM MOUNTAIN RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R056 LARIMER COUNTY PID #56 BOYD’S WEST RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R057 LARIMER COUNTY PID #57 COBBLESTONE FARMS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R058 LARIMER COUNTY PID #58 MISTY CREEK RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R059 LARIMER COUNTY PID #59 GRASSLANDS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R060 LARIMER COUNTY PID #62 RIDGEWOOD MEADOWS RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R061 LARIMER COUNTY PID #60 SMITHFIELD #1 RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R062 LARIMER COUNTY PID #60 SMITHFIELD #2 RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R063 LARIMER COUNTY PID #60 SMITHFIELD #3 RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R064 LARIMER COUNTY PID #61 LITTLE THOMPSON RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R065 LARIMER COUNTY PID #63 AUTUM CREEK

 

12202018R066 LARIMER COUNTY PID #64 SOARING PEAKS RANCHES

 

12202018R067 LARIMER COUNTY PID #65 RIVIERA ESTATES

 

12202018R068 LARIMER COUNTY PID #66 CARTER LAKES HEIGHTS

 

12202018R069 PUBLIC TRUSTEE RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

12202018R070 LARIMER COUNTY PEST CONTROL RESOLUTION TO ADOPT 2019 BUDGET AND SET LEVIES

 

Motion carried 3-0.

 

12202018R071 COUNTY OF LARIMER RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR 2019: This resolution makes all funds in the adopted budget available for expenditure and sets spending limits for spending agency.  This limits spending by County departments to the categories and amounts in this resolution.

 

M O T I O N

 

Commissioner Dougherty moved that the Board of County Commissioners approve the resolution to appropriate the sums of money for 2019.

 

Motion carried 3-0.

 

12202018R072 COUNTY OF LARIMER RESOLUTION TO DESIGNATE ENDING 2019 FUND BALANCES: The ending balances of each County fund is identified as to its purpose.

 

M O T I O N

 

Commissioner Donnelly moved that the Board Commissioners approve the resolution to designate ending 2019 fund balances.

 

Motion carried 3-0.

 

12202018R073 2019 BUDGET YEAR (2018 TAX YEAR) CERTIFICATE OF LEVIES AND REVENUE BY LARIMER COUNTY COMMISSIONERS: Certifies a listing of mill levies and revenue that are true and accurate copies of those certified to the Board of County Commissioners by varying tax authorities.

 

M O T I O N

 

Commissioner Dougherty moved that the Board of County Commissioners approve certification of the levies and revenue by Larimer County Commissioners.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 2:00 p.m.

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk