MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, JANUARY 7, 2019

 

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: Jennifer Cram and Leslie Ellis, Community Development; Clint Jones, Traci Shambo and Devin Traff, Engineering; Lea Schneider, Health Department; Jeanne Haag, County Attorney; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson 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. Chair Johnson further noted that item 1 was tabled from December 3, 2018.

 

1.         KIGHT EXEMPTION TRACT A & VANDERHEIDEN AMENDED PLAT AND BOUNDRY ADJUSTMENT FILE #18-LAND3828: This is a combined Amended Plat and Boundary Line Adjustment to reconfigure the boundary lines between the Knight Exemption Tract A and the Vanderheiden Property, a metes and bounds parcel. The Amended Plat process is required when the property lines of an approved exemption are amended, and the Boundary Line Adjustment process is used to adjust the property lines of a metes and bounds parcel.

 

The Board of County Commissioners approves amendments to approved exemptions. The Boundary Line Adjustment process is an administrative process. The applicant is proposing to reconfigure property lines within the two parcels to help to address existing structure setbacks to the property lines. All land within the proposal is zoned FA – Farming. The minimum lot size in the FA – Farming zone district is 2.3 acres if on well or septic and 0.5 acres if on public water and sewer. The proposed request exceeds the minimum lot size for the FA – Farming zone district with public service for water and sewer. Adjacent properties are also zoned FA – Farming or are within the incorporated limits of the City of Fort Collins. Surrounding properties have been developed similarly with single-family residential uses.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an amended plat if the following review criteria are met:

 

A. No additional lots will be created by the amended plat. No additional lots will be created as a result of amending the plat and adjusting the boundary lines to reconfigure the property lines as requested.

 

B. The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity. The minimum lot size for FA - Farming is 0.5 acres if on a public water and sewer. The resulting lots, as amended, will exceed the minimum lot size (1.9 and 0.72 acres). The requirements of subsection 8.14.1.H, regarding lot size ratio, will also be met as the resulting lots are rectangular in form.

 

C. The amended plat will not create a nonconforming setback for any existing building. The amended plat and boundary line adjustment will not create any new nonconforming setbacks for any existing buildings. As noted above, the proposal helps to address setbacks from property lines to existing structures by making the Vanderheiden metes and bounds parcel (Proposed Lot 2) larger. However, one of the existing buildings will still not meet current required setbacks. A setback variance, under separate application, will be required in the future prior to receiving a building permit for improvements.

 

D. The resultant lots will meet the requirements of subsection 8.14.1.I. Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot. The resultant lots will not be divided by a municipal or county boundary line, road, alley or another lot.

 

E. The amended plat will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area; and the proposal will not adversely affect access, drainage, utility easements, or rights-of-way, as there are no proposed changes with this request.

 

F. Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The Board of County Commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change. All covenants, deed restrictions, or other conditions of approval that apply to the original lots will also apply to the resultant lots and be noted on the final plat.

 

The Development Services Team recommends approval of the Knight Exemption Tract A Amended Plat to reconfigure the property lines, File #18-LAND3828, subject to the following condition(s):

 

1. All conditions of approval shall be met, and the Final Plat recorded by August 5, 2019, 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 Larimer County Engineering Department Surveyor.

 

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

 

2.          MEADOWLARK RIDGE CONSERVATION DEVELOPMENT LOT 1-2 RIGHT-OF-WAY VACATION AND AMENDED PLAT FILE #18-LAND3736: Lots 1 and 2, Meadowlark Ridge Conservation Development are located in Loveland, CO. Lot 1 is currently vacant, and Lot 2 has an existing single-family residence. Both lots are zoned FA-Farming. The surrounding properties are also zoned FA-Farming and have been developed similarly with single-family residences and agricultural land. There is currently a platted right-of-way intended to provide shared access to the two lots and allow for emergency vehicle turnaround along the shared lot line. Lot 2 did not use this access point, but rather took access to the south. It also appears from aerial photography that Lot 1 has started to develop access just north of the platted right-of-way/approved access. Access permits are not required on non-designated County Roads.

 

The proposed request would vacate the platted right-of-way for access and emergency vehicle turnaround along with an adjacent utility and drainage easement. The emergency vehicle turnaround is proposed to be relocated to Lot 1 to align with the desired access point. The utility and drainage easement is proposed to be relocated adjacent to the right-of-way of Country Mountain Drive at 20-feet wide. There are currently no utilities in the existing easement. The Amended Plat also proposes to adjust the platted building envelope to follow the property lines of each lot with consistent setbacks to the existing building envelope. As a result of vacating the existing right-of-way and utility and drainage easement, .05 acres will be added to each lot.

 

The Larimer County Land Use Code (Section 5.9.3) 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 vacation of the existing platted right-of-way and the existing utility and drainage easement adjacent to the right-of-way on Lots 1 and 2 Meadowlark Ridge Conservation Development will not impact the current access points for the two lots. The proposed relocation of the emergency access turnaround on Lot 1 will meet the intent of the requirements of Section 8.14.P.2.b. of the Larimer County Land Use Code, as dead-end roads are required to provide inter-visible turn outs of at least 10-feet in width and 30-feet in length, no less than 500-feet apart. There are currently no utilities in the existing utility and drainage easement. The proposed relocation of the utility and drainage easement adjacent to the right-of-way to Country Mountain Drive will allow for the future location of utilities as needed.

 

B. The recommendations of referral agencies have been considered; and referral agency comments have been considered. The Engineering Department has no concerns with the proposal. In addition, the Loveland Fire Rescue Authority did not have concerns with the proposed right-of-way vacation and relocation of the emergency vehicle access and turnaround. Subsequently, residences are also required to have fire sprinklers in this neighborhood.

 

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. Approximately .05 acres will be added to each lot with the approved right-of-way and easement vacation. No transfer of ownership is necessary.

 

The Development Services Team recommends approval of the Meadowlark Ridge Conservation Development Amended Plat and Right-of-Way Vacation, File #18-LAND3736 subject to the following condition:

 

1. All conditions of approval shall be met, and the Final Plat recorded by July 1, 2019, 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 County Assessor and Land Surveyor of the Larimer County Engineering Department.

 

3.         EXTENSION OF A TEMPORARY MORATORIUM ON THE APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN RESIDENTIAL ZONING DISTRICTS IN UNINCORPORATED: On October 22, 2018, a temporary moratorium was imposed by the Board of County Commissioners (BOCC), on the acceptance and processing of development applications for Park and Recreation Facilities in residential zoning districts in unincorporated Larimer County within the Estes Valley Development Code planning area. This was over concerns that were raised due to Park and Recreation Facilities being a permitted use in all of the Estes Valley Development Code’s (EVDC) residential zoning districts.

 

The temporary moratorium was passed for the period of October 22, 2018 through January 7, 2019, to match the period of a similar temporary moratorium passed by the Town of Estes Park Board of Trustees. The temporary moratorium was to allow Community Development staff, the Estes Valley Planning Commission, the Town Board of Trustees, and the Board of County Commissioners (BOCC) time to determine what amendments might be appropriate to the relevant provisions of the EVDC relating to Park and Recreation Facilities within the Estes Valley’s residential zoning districts. Community Development staff has begun preparing a draft amendment to the definition of Park and Recreation Facilities within the EVDC. The amendment would first be reviewed by the Estes Valley Planning Commission (EVPC), and then taken to the Town Board and the BOCC. Approval of both Boards would be necessary to amend the EVDC.

 

At this time, the draft amendment had not been sufficiently reviewed by Town and County staffs and legal counsels, and a draft was not ready to take to the EVPC at their meeting of December 18, 2018. With that, there is not ample time to bring a draft amendment to the two Boards prior to the January 7, 2019 expiration of the temporary moratorium. Staff is requesting an extension of the temporary moratorium. This is proposed to be consistent with the similar temporary moratorium approved by the Estes Board of Trustees, on December 17, 2018. This is for 90 days and would extend it through April 7, 2019.

 

4.         NATURE ESTATES LOT 2 MINOR LAND DIVISION & KAUFFMAN AMENDED PLAT & BOUNDARY LINE ADJUSTMENT, FILE #18-LAND3829: This combined amended plat and boundary line adjustment is regarding Lot 2 of the Nature Estate Minor Land Division and the metes and bounds property to the east. Lot 2 of the Nature Estate M.L.D. was split when road right-of-way was dedicated for the proposed Boyd Lake Avenue Extension. The applicant is requesting to add the sliver of Lot 2, approximately 23.169 acres of the Nature Estate M.L.D. that was split off from the remainder of the lot to the adjacent metes and bounds parcel to the east. This proposal would correct the current configuration of the lot that is shown on both sides of the right-of-way. Neither resultant parcel will be divided by a road.

 

The lots are currently 77.65 acres and 108.3 acres. The resultant lots will be approximately 54 acres and 131.4 acres. The applicant has also submitted a concurrent Minor Land Division, the Kauffman MLD. Once the lot lines are adjusted between these two parcels, the MLD will split off of the northern portion of proposed Lot 2. The City of Loveland plans to purchase that northern portion of Lot 2 once the Minor Land Division is completed in order to build a raw water storage reservoir.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an amended plat if the following review criteria are met:

 

A. No additional lots will be created by the amended plat. There are currently two existing lots. The amended plat and boundary line adjustment will adjust the boundary between the two lots with no additional lots being created.

 

B. The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity. The minimum lot size in the I-Industrial zoning district 2.3 acres if a well or septic system is used or 0.34 acres if public water and sewer are used. The resultant lots meet the minimum lot size requirement in the I-Industrial zoning district. The resultant lots will be 54.058 and 131.469 acres in size. Currently the lots meet the requirements of subsection 8.14.1.H, regarding lot dimension ratio of depth-to-width ratio of 3-to-1 and a width-to-depth ratio of 1.5-to-1, and the resulting lots will meet this requirement as well.

 

C. The amended plat will not create a nonconforming setback for any existing building. There are no existing buildings on either lot. As such, the amended plat will not create a nonconforming setback for any existing buildings.

 

D. The resultant lots will meet the requirements of subsection 8.14.1.I. Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot. Currently Lot 2 of the existing Nature Estate M.L.D. does not meet the requirements of subsection 8.14.1.I. of the code: lots are not divided by a municipal or county boundary line, road, alley, or another lot. However, this lot was split by road right-of-way. This lot line adjustment will correct this issue and both resultant lots will meet this requirement.

 

E. The amended plat will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area; and the proposal will not adversely affect access, drainage, utility easements, or rights-of-way, as there are no proposed changes with this request. No additional roads, alleys or easements are being added with this proposal.

 

F. Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The county commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change. All covenants, deed restrictions or other conditions of approval that apply to the original lots will also apply to the resultant lots and be noted on the final plat.

 

The Development Services Team recommends approval of the Amended Plat of Lot 2 Nature Estate M.L.D. No. 01-S1812 and Kauffman Boundary Line Adjustment, File No. 18- LAND3829, subject to the following conditions:

 

1. All conditions of approval shall be met, and the Final Plat recorded by July 7, 2019, 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 Land Surveyor of the Larimer County. 3. The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

5.         KAUFFMAN MINOR LAND DIVISION, FILE #18-LAND3831: This is a request to split a newly created 131 plus acre parcel into two lots. One lot will be 11.314 acres with an existing recycled materials operation and gravel pit, and the other lot will be 120.152 acres. The City of Loveland plans to purchase the 120 plus acre lot for the purpose of a raw water storage reservoir. There is enough acreage to create three lots 35 plus acres in size, but because one of the lots will be less than 35 aces in size, the County Commissioners must approve the land division through the Minor Land Division process. The applicant has submitted a concurrent Amended Plat/Boundary Line Adjustment application to add a piece of the adjacent Lot 2 of the Nature Estate MLD onto a metes and bounds parcel. The piece of Lot 2 of the Nature Estate M.L.D that will be added to the metes and bounds parcel was created when the lot was split by road-right-of-way for the Boyd Lake Avenue Extension. The concurrent application is the Amended Plat of Lot 2 Nature Estate MLD No. 01-S1812 and Kauffman Boundary Line Adjustment No. 18-LAND3829.

 

To approve a minor land division, the Board of County Commissioners must consider the following review criteria and find that each criterion has been met or determined to be inapplicable: The Board of County Commissioners can vote to separate existing legal uses from each other as a MLD under the provisions of Sub-section 5.4.2 of the County Code. To approve a Minor Land Division, the Board of County Commissioners must consider the review criteria found in Section 5.4.3 of the Land Use Code and find that each criterion has been met or determined to be inapplicable. These criteria are noted below:

 

A. The property is not part of an approved or recorded Subdivision plat. The subject property is a metes and bounds parcel and is not a part of an approved or recorded subdivision plat. This metes and bounds parcel was created through the Amended Plat of Lot 2 Nature Estes MLD and Kauffman Boundary Line Adjustment (18-LAND3829).

 

B. The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division. The subject property is a metes and bounds parcel and is not a part of an Exemption or Minor Residential Development approved under the previous subdivision resolution or a Minor Land Division. The purpose of this application is to create 2 lots from a newly created metes and bounds parcel.

 

C. The newly created parcels will meet the minimum lot size required by the applicable zoning district. The minimum lot size in the I-Industrial zoning district 2.3 acres if a well or septic system is used or 0.34 acres if public water and sewer are used. The resultant lots meet the minimum lot size requirement in the I-Industrial zoning district. The resultant lots will be 11.314 and 120.152 acres in size and are appropriately sized to meet the septic system requirements.

 

D. The newly created parcels meet minimum access standards required by the County Engineer. The Larimer County Engineering Department has indicated that they do not have any issues with the proposal, but any further division or development of these parcels would require another application for land division and/or a development review process. Access requirements that are associated with any future development will need to be addressed during the County review period, through a separate application process.

 

E. Approval of the Minor Land Division will not result in impacts greater than those of existing uses. However, impacts from increased traffic to a public use may be offset by the public benefit derived from such use. The proposed use is a new raw water storage reservoir which is a public use, therefore if there is any increase in impacts due to this proposed use, it is anticipated to be offset by the public benefit of a raw water storage reservoir.

 

The Development Services Team recommends Approval of the Kauffman Minor Land Division, File #18-LAND3831, 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 July 7, 2019 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 Land Surveyor of the Larimer County.

 

3. Prior to recordation of the Final Plat an Annexation Agreement must be signed by the property owners and submitted to the Planning Department.

 

4. Lot 1, the 120.152-acre lot, cannot be further split without going through a land division process.

 

 

M O T I O N

 

Commissioner Dougherty moved that the Board of County approve the Consent Agenda as outlined above.

 

Motion carried 3-0.

 

Chair Johnson noted this was the last meeting for Commissioner Dougherty and thanked him for his service to citizens of Larimer County.

 

With there being no further business, the Board adjourned at 3:10 p.m.

 

TUESDAY, JANUARY 8, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 10:30 a.m. with, Linda Hoffman, County Manager. Chair Johnson presided, and Commissioner Donnelly and Commissioner Kefalas 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.         BOARD REORGANIZATION FOR 2019, APPOINTMENT OF CHAIR:

 

M O T I O N

 

Commissioner Kefalas moved to appoint Commissioner Tom Donnelly as the Chair for 2019 and authorize him to buy and sell real estate upon approval of the Board.

 

Motion carried 3-0.

 

Chair Donnelley proceeded to preside over the meeting.

 

3.         APPOINTMENT OF CHAIR PRO-TEM:

 

M O T I O N

 

Commissioner Johnson moved to appoint John Kefalas as Chair Pro-tem for 2019 and authorize him to buy and sell real estate in the absence of the Chair upon approval of the Board.

 

Motion carried 3-0.

 

4.         POSTING OF MEETINGS:

 

M O T I O N

 

Commissioner Kefalas moved that the Board approve the resolution designating the public place in which notice is posted of meetings of the Board of County Commissioners.

 

Motion carried 3-0.

 

5.         RESPONSIBILITY FOR RECEIVING PROBLEM SOLVING REQUESTS:

 

M O T I O N

 

Commissioner Johnson moved to appoint Board Chair, Commissioner Tom Donnelley, as the person responsible for receiving and reviewing any formal problem-solving requests filed by direct reports to the County Manager or County Attorney.

 

Motion carried 3-0.

 

6.         APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 17, 2018, DECEMBER 24, 2018 AND DECEMBER 31, 2018 AND THE AMMENDED MINUTES FOR THE WEEK OF DECEMBER 11, 2018:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the weeks of December 17, 2018, December 24, 2018, and December 31, 2018, and the amended minutes for the week of December 11, 2018.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 14, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

01082019A001             LARIMER COUNTY CRIMINAL JUSTICE SERVICES DIVISION CONTRACT #2019.002 FOR SERVICES WITH NORTH RANGE BEHAVIORAL HEALTH

 

01082019A002             PROFESSIONAL SERVICES AGREEMENT (P18-16, MISCELLANEOUS ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES) BY AND BETWEEN LARIMER COUNTY AND AECOM TECHNICAL SERVICES, INC.

 

01082019A003             PROFESSIONAL SERVICES AGREEMENT (P18-16, MISCELLANEOUS ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES) BY AND BETWEEN LARIMER COUNTY AND SHORT ELLIOTT HENDRICKSON INC.

 

01082019A004             PROFESSIONAL SERVICES AGREEMENT (P18-20, SOLID WASTE-SPECIFIC ENGINEERING, ARCHITECTURAL & CONSTRUCTION MANAGEMENT) BY AND BETWEEN LARIMER COUNTY AND HDR ENGINEERING, INC

 

01082019A005             PROFESSIONAL SERVICES AGREEMENT (P18-20, SOLID WASTE-SPECIFIC ENGINEERING, ARCHITECTURAL & CONSTRUCTION MANAGEMENT) BY AND BETWEEN LARIMER COUNTY AND BURNS & MCDONNELL ENGINEERING, INC.

 

01082019D001             DEED OF DEDICATION - ARNOLD H. STROSCHEIN AND EDNA KAROL STROSCHEIN

 

01082019D002             DEED OF DEDICATION

 

01082019R001             A RESOLUTION CANCELING 2016 TAXES DETERMINED TO BE UNCOLLECTIBLE

 

01082019R002             RESOLUTION REGARDING DEPOSIT OF 2019 FUNDS BY COUNTY TREASURER

 

01082019R003             RESOLUTION REGARDING EXTENSION OF APPROVAL FOR W HIAWATHA HEIGHTS SUB LOT 1 AP/BLA & EV

 

01082019R004             RESOLUTION FOR THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, COLORADO, TO REAFFIRM MAXIMUM TOTAL ("CAP") NUMBER OF VACATION HOMES IN RESIDENTIAL ZONING DISTRICTS

 

01082019R005             FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF RESIDUAL LOT A IN THE CENTENNIAL FARM CONSERVATION DEVELOPMENT

 

01082019R006             RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING SIGHTSEEING / TOUR VEHICLE FACILITY SPECIAL REVIEW

 

01082019R007             FINDINGS AND RESOLUTION APPROVING THE GARZA MINOR SPECIAL REVIEW

 

MISCELLANEOUS: Recommended Mid-Term Appointment to the Planning Commission: Appoint Wendy True; Recommended Mid-Term Appointment to the Planning Commission: Appoint Courtney Stasiewicz; Department of Human Services Payments for November 2018; Recommended Reappointment to the Poudre Library District Board of Trustees: Matt Schild; Recommended Reappointment to the Poudre Library District Board of Trustees: Becky Schultz; Conveyance of Permanent Drainage Easement; Legal Action for Code Compliance File#17-CCC0254; Colorado Department of Human Services (CDHS) Office of Children, Youth and Family Services Memo Titled: Trails Background Checks-CDHS Background Investigation Unit.

 

LIQUOR LICENSES:  Green Events, Inc.– Special Event 6% – Fort Collins; North Shore RV and Store, Inc. –Special Event 3.2% Beer Retail – Loveland; Gateway Liquors – Retail Liquor Store– Loveland; Boyd Lake Marina Inc. – 3.2%- Loveland; Windjammer Roadhouse Bar and Grill – Tavern– Loveland.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent

agenda, as outlined above.

 

Motion carried 3-0.   

 

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

 

6.         APPRECIATION FOR DONATION TO THE CORONER’S OFFICE: Ken Cooper and Jennifer Johnson, Facilities Department.  Cathy Sloan provided a generous donation to Larimer County on December 28 for the Coroner/Morgue project to purchase the Lodox (x-ray) machine. Ms. Sloan is the widow of the previous Larimer County Coroner, Dr. Patrick Allen.  The Board took this opportunity to thank Ms. Sloan for her gift to the County.

 

Ms. Sloan briefly addressed the Board.  She noted that this gift was a fitting tribute to her late husband and his legacy.  Ms. Sloan also noted that this was appropriate tribute to her husband and his combined passions of public service and treating all peoples at every stage with respect and dignity.

 

The Board took a brief recess.

 

7.          MODIFY 2019 APPROVED SERVICE PROPOSAL FOR THE SHERIFF: Bill Nelson, Undersheriff.  Undersheriff Nelson noted that the 2019 budget was approved with the addition of a new Sargent position for the Sheriff’s Office. Since the request was submitted and approved, the Sheriff has reorganized the Units that would have needed the Sargent position and has deemed the position to no longer necessary. The Sheriff has reevaluated other service proposals and has identified three as a high priority.

 

Undersheriff Nelson, noted that the Sheriff’s Office would like to fund three non-sworn (civilian) positions with the 2019 allocated moneys. These included a supply technician and an evidence technician which were requested service proposals for 2019 that were not funded. Additionally, Undersheriff Nelson noted that the Department had identified a need for a senior administrative assistant for the jail. He relayed to the Board that the Sheriff’s Office has enough funds in the 2019 budget to fund these three positions and would not need any new allocations. Undersheriff Nelson reported that the Sheriff’s Office is requesting approval to re-title the approved Sargent position to one of the civilian positions and to add two additional civilian FTE's.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the reclassification of a 2019 FTE and add two additional FTE’s for a total of three positions

 

Motion carried 3-0.

 

8.         DESIGNATION OF BOARDS & COMMISSIONS LIASONS AND CCI COMMITTEE ASSIGNMNETS FOR 2019: Michelle Byrd, Public Affairs Manager.  Ms. Byrd noted that every year the Board of County Commissioners reviews and revises their liaison assignments for Larimer County boards and commissions, and Colorado Counties Inc. (CCI) steering committee assignments. Ms. Byrd reviewed the 2019 suggested assignments with the Board.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve BCC Policy #01082019P001 Board of County Commissioners Divisions of Responsibilities.

 

Motion carried 3-0.

 

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

 

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

 

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

 

With there being no further business, the Board adjourned at 11:25 a.m.

 

 

ABATEMENT HEARING

 

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

 

1.          PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2017 (SCHEDULE R1009125): Mr. Whitty addressed the Board and presented a packet of information detailing the method in which the Assessor’s Office arrived at their current valuations for 2017. The subject property is located at parcel #87072-10-001.

 

Mr. Whitty noted that the Assessor’s Office provided the petitioner with a letter in November 2018 with the Office’s findings. The letter noted that the appraisal staff had researched and analyzed the properties in the area and at that time assessed the value of the property at $1,449,900 .  Mr. Whitty noted that when the Assessor’s Office conducted an extended property valuation for the hearing, the Office found the property valuation to be higher and recommends a value of $1,677,000.

 

Heather Stottler, representing the petitioner, Jay-Tex Aviation, addressed the Board.  Ms. Stottler noted with the construction of the Cottages subdivision, the property has lost one of its access points in and out of the area, which has negatively impacted their tenants.  As such, they believe the property to be of a lesser assessed value.

 

There was a discussion between the Board and staff regarding the value of access points and if they are taken into consideration when assessing a property’s value. The staff noted that an entrance loss or gain is not factored into assessing the property’s values.

 

  M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners uphold the Assessor’s original valuation of $1.449,900.

 

Motion carried 3-0.

 

With there being no further business, the Board adjourned at 3:05 p.m

 

 

 

____________________________________

                        TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk