MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, MAY 6, 2019

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Lesli Ellis, Katie Gray, Samantha Mott, Community Development; Lea Schneider, Health Department; Jeanne Haag, County Attorney and Deirdre O'Neill, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

Chair Donnelly 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.         1593 DRY GULCH REZONE: This is a request to Rezone Tract 2 of the Amended Plat of Lot 3 of Fox Ridge Estates from (RE-1), Rural Estate to (RE) Rural Estate.

 

The proposal entails rezoning the subject property from (RE-1) Rural Estate with a 10-acre minimum lot size to (RE) Rural Estate with a 2.5-acre minimum lot size. The owner intends to subdivide the property into approximately 4 lots, each containing 2.5-acres.

 

The current single-family home is proposed to be located on its own 2.5-acre lot and would conform to base density and dimensional standards of the RE zoning district. The proposed number of lots and layout are subject to change upon agency and staff review of the subsequent subdivision application.

 

All applications for Official Zoning Map Amendments shall be reviewed by the Estes Valley Planning Commission and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of the Estes Valley Development Code.

 

In accordance with Section 3.3.D. “Standards for Review”, all applications for rezoning shall demonstrate compliance with the applicable standards and criteria as follows:

 

1. The amendment is necessary to address changes in conditions in the areas affected.

 

Staff Finding: There are no recent changes in conditions in the affected area. However, there is a recognition by the town and county that having opportunities, including but not limited to, workforce and attainable housing, are limited in Estes Valley and the region.

 

2. The development plan, which the proposed amendment to this code would allow, is compatible and consistent with the policies and intent of the comprehensive plan and with the existing growth and development patterns in the Estes Valley.

 

Staff Finding: Staff has waived the development plan requirement as it is not necessary to determine whether a rezoning is consistent with the Comprehensive Plan and a development plan is not required for single-family residential development. A sketch plan has been provided showing the proposed lot layouts.

 

This proposal adheres to Chapter 6 of the Comprehensive Plan. Section 5.0 Housing “Community Wide Land Use Policies” includes the following:

 

5.1 Encourage a variety of housing types and price ranges; and

 

5.2 Encourage housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods.

 

The proposed rezoning would allow for the creation of additional lots and potential single-family housing in an area where similar lot sizes and development exist.

 

Chapter six also recognizes the North End Planning Area as primarily single-family residential with lot sizes ranging from less than 1-acre to over 40-acres. It states that despite a large area being zoned for residential development with a minimum lot size of 10-acres, much of the area has been previously subdivided into smaller lots with many enclaves less than 1-acre in the northern portion. The plan calls for the maintenance of the low-density character. As much of the surrounding land uses are similar to that proposed, this recommendation is met.

 

3. The town, county or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.

 

Staff Finding: Staff finds that service providers have the ability to provide adequate services and facilities to this location. The applicant will be required to meet agency requirements at time of subdivision and development.

 

Written notice has been mailed to properties in accordance with EVDC §3.15 General Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette and the application is posted on the town’s “Current Applications” webpage. The applicant has also posted a “Development Proposal under Review” sign on the property.

 

As of April 16, 2019, three written public comments have been received for this application package. All written comments are posted to www.estes.org/currentapplications.

 

One provided comment expressed concern that this application would allow an “illegal” spot-zoning. It should be noted that in the State of Colorado, it is not illegal to spot-zone, nor does the proposed rezone entail a detrimental land use conflict. There are no specific uses allowed in the RE zoning district that are not allowed in the RE-1 zoning district. This proposal is to rezone a parcel from a rural estate designation to another rural estate designation that mirrors the character and development patterns of adjacent properties.

On April 16, 2019, the Estes Valley Planning Commission voted 5-1-0, to recommend approval of the request to rezone Tract 2 of the Amended Plat of Lot 3 of Fox Ridge Estates from (RE-1) Rural Estate to (RE) Rural Estate.

 

 

2.           ESTES PARK ESTATES 3RD, LOTS 14 & 15, FILE #19-LAND3879: This is a request to vacate a 40-feet access easement, 20-feet on either side of the corner lot line between lots 14 and 15.

 

The owners of Lots 14 and 15, Estes Park Estates, 3rd Filing are proposing to vacate a 40-foot access easement, 20-feet on either side of the common lot line between lots 14 and 15. Lot 14 has an existing single-family residence, while Lot 15 is in common ownership with Lots 16, 17, and 18, all of which are vacant with the exception of Lot 17 which consist of a single-family residence.

 

In 1980, a portion of the right-of-way for the cul-de-sac on Easton Road was vacated, leaving the 40-for access easement without connection to a public road.

 

The Estes Park Estates, 3rd Filing is a residential subdivision zoned O-Open. It is developed with single-family residences and bordered on the north and south by public lands. Cub Creek Ranch owns the properties to the east of the subdivision and appears to utilize a 40’ access easement located between lots 10 and 11. The 2nd Filing of Estes Park Subdivision is located west of the 3rd Filing area.

 

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;

 

      Staff Response: The requested access easement vacation area has physical constraints that would not allow the access easement to function; these constraints include no connection to a public right-of-way, topography, and bed rock.  Further, it appears that the adjoining land, owned by Cub Creek Ranch, currently gains access through the Estes Park Estates Subdivision via a platted access easement between Lots 10 and 11 where existing road improvements are located. 

 

B.   The recommendations of referral agencies have been considered; and

 

      Staff Response: All referral agency comments have been considered and are further discussed below.

 

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.

 

      Staff Response: Not applicable.

 

No neighbors have voiced objections to this proposed access easement vacation. 

 

This request was reviewed by the following agencies:

 

·  Engineering Any new construction will need to be completed in such a way that the existing drainage patterns are not altered, and that notification and approval of the proper utility agencies is required for any utility easement modifications.

 

·  Health The utility checklist was provided.

 

·  Pinewood Springs Fire Protection District No concerns or objections.

 

·  Code Compliance Approved - Research of the subject property (or properties) has not been conducted to confirm whether all structures on the property have been properly permitted, inspected and/or are being used for the purpose for which they were originally designed.

 

Planning staff requested the applicant address the access of the property to the east, owned by Cub Creek Ranch, given the request to vacate an access easement.  The applicant responded that there is an existing roadway that appears to utilize the access easement that exists between Lot 10 and 11, as shown by the red line on the aerial view below. 

 

The Development Services Team recommends Approval of File Number 19-LAND3879, Estes Park Estates 3rd Filing, Lots 14 and 15 subject to the following condition(s):

 

1.   All conditions of approval shall be met, and the final resolution recorded by November 6, 2019 or this approval shall be null and void.

 

2.   Any covenants, deed restrictions or other conditions that currently apply to these lots shall remain in full effect.

 

3.   The vacation of the access easement shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

3.         GVM 12TH LOTS 210 & 212 LOT CONSOLIDATION, FILE #19-LAND3880 : The owners of Lot 210 and 212 of the Glacier View Meadows 12th Filing are proposing to consolidate these two lots into one lot. Both lots are currently vacant, and they are not proposing any easement or right-of-way vacations with the lot consolidation.

 

REVIEW CRITERIA :

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a lot consolidation if the following review criteria are met:

 

            A.  No additional lots will be created by the lot consolidation.

 

No additional lots will be created by the lot consolidation. Two lots are proposed to become one lot.

 

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 lot consolidation must not increase the nonconformity.

 

The minimum lot size in the E-Estate zoning district is 2.5-acres per Section 4.1.6.B.1.a of the Larimer County Land Use Code. Both lots currently meet the minimum lots size at 3.36-acres and 3.84-acres.  If both lots are combined into one lot, the lot acreage will become 7.2-acres total. Therefore, the resultant lot meets the 2.5-acre required minimum lot size in the E-Estate zoning district.

 

The lot dimension ratio required by subsection 8.14.1.H of the Land Use Code states that “Lots cannot exceed a depth-to-width ratio of 3-to-1 or a width-to-depth ratio of 1.5-10-1.  The lots currently meet this requirement, and although the combined lot will have an unusual shape, it will still meet this requirement.

 

C.   The lot consolidation will not create a nonconforming setback for any existing building;

 

The proposed lot consolidation does not create a nonconforming setback for any buildings because both lots are currently vacant.

 

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 lot meets the requirements of subsection 8.14.1.I because the resultant lot will not be divided by a municipal or county boundary line, road, alley, or another lot.

 

E.  The lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area; and

 

      The lot consolidation does not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area. All utility easements are proposed to remain.

 

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.

 

Any covenants, deed restrictions or other conditions of approval that apply to the original lots on the Glacier View Meadows 12th Filing plat must also apply to the resultant lot.  This will be a condition of approval for this request and it will be noted in the Findings and Resolution.

 

The Development Services Team recommends approval of the Glacier View Meadows 12th Filing, Lots 210 & 212 Lot Consolidation, File # 18-LAND3880, subject to the following conditions:

 

1. All conditions of approval shall be met, and the final resolution recorded by November 29, 2019, or this approval shall be null and void.

 

4.         TERRA VISTA PLANNED LAND DIVISION LOT EASMETN VACATION, FILE #19-LAND3870 : The applicant proposes to vacate portions of an emergency access easement located on Lot 3, Terra Vista Planned Land Division. This lot was created, and the original easement dedicated through the review and approval of the Terra Vista Planned Land Division/Planned Development. This easement was originally intended to assure fire access to the rear of the lot when an accessory dwelling was anticipated. This is no longer the case and only a single-family dwelling is proposed. The easement with the required setbacks from it made the lot difficult to develop. All the referral agencies, especially the Poudre Fire Authority, have been notified and none have been identified an issue or conflict with the proposal.

 

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 ROW without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services;

 

No property is negatively affected by this vacation.  No denial of access or utility will result from this vacation and no issues have been identified in the review. 

 

B.   The recommendations of referral agencies have been considered; and

 

No agency comments have raised an issue and all comments have been considered in the Team review of the request.  The Poudre Fire Authority has specifically commented that they have no issues with the request. 

 

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.

 

Not applicable; this is the vacation of an easement not a ROW.

 

The requested vacation meets the review criteria and no agency or individual has identified any issues with the request.  The vacation solves a building permit and property problem, as the applicant’s current home plans conflict with the easement.

 

The Development Services Team recommends Approval of the Terra Vista Planned Land Division Lot 3 Easement Vacation File # 19-LAND3870, as depicted in the attached exhibit and legal description. 

 

 

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.

 

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

 

 

LAND USE HEARING

 

 

The Board of County Commissioners reconvened at 6:30 p.m. with Lesli Ellis, Community Development Director; Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Michael Whitley, Community Development; Clint Jones, Engineering; Lea Schneider, Health Department; Jeannine Haag, County Attorney and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

PUBLIC HEARING DISCUSSION ITEM:

 

1.         COVEY SPECIAL EXCEPTION, FILE #18-ZONE2425: This is a special Exemption for a Community Hall in the FO-Forestry Zoning District.

 

This item was on a discussion agenda for March 20, 2019 Planning Commission public hearing at 6:30 p.m.

 

At the hearing, Staff presented the Development Services Team Report recommending approval of the Special Exception.

 

The Planning Commission asked questions of staff regarding the property’s split O-Open and FO-Forestry zoning., staff’s proposed condition of approval to eliminate the overhead door from the event building, the difference between the Special Review and Special Exception processes, details of the proposed designated smoking area and fire hazards.

 

The property owners gave a presentation. They spoke about proposed noise mitigation measures, they addressed traffic concerns, they discussed the justification for locating the event building or the portion of the property zoned FO-Forestry, and they spoke about the sound study that was conducted in April 2018.

 

Planning Commission members asked the property owners questions regarding the number of events proposed per year, site lighting, the height of the event building, differences in grade between the subject property and adjacent properties, the rationale for placement of the event building, noise, and the potential for further division of the property.

 

Nine neighbors spoke in opposition to the Special Exception. Concerns included potential noise, light impacts, increased traffic, safety concerns about the intersection of County Roads 64 and 19, the lack of buffering between properties, a lack of proof that there is a need for an  additional event facility in the area, an increased fire danger because of the event center, a decrease in privacy, the potential for property values to fall, changes to the character of the neighborhood, and potential disturbance of livestock.

 

One person spoke in favor of the Special Exception request. That person’s sister-in-law lives north of the property. He spoke about how the Leflets help his sister-in-law and about his inability to hear music from the property owners’ barn.

 

After the end of public comment, the property owners were given a chance for rebuttal.

 

Planning Commission members asked the property owners about the serving of alcohol, noise

mitigation measures incorporated into the building design, hours of operation, and how the

request complies with the Special Exception review criteria.

 

Planning Commission members asked staff about the potential for further subdivision of the

Parcel, traffic generated by potential additional homes, allowed uses in the FO –

Forestry zoning district, and the condition of County Road 64.

 

The Planning Commissioners discussed staff’s proposed condition number 9 requiring the removal of overhead doors from the event building.  They decided to modify the condition to read, “The overhead doors on the community hall building shall not be open during events.”

 

BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Covey Special Exception, File #18-ZONE2425, subject to the following conditions:

 

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

 

            2.         The site shall be developed consistent with the approved plan and with the information contained in the Covey Special Exception, File18-ZONE2425 except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Covey Special Exception.

 

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

 

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

 

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

 

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

 

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

 

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

 

            9.         The Overhead doors on the community hall building shall not be open during events.

 

            10.       There shall be no outdoor amplified sound.

 

            11.       Smoking shall be in designated, maintained area to minimize fire risk.

 

            12.       The applicant shall conduct a follow-up sound evaluation within one year of the commencement of operation to ensure all element s of the operation are in compliance with Larimer County’s noise ordinance. If the noise evaluation determines that the operation is not in compliance with Larimer County’s noise ordinance, additional mitigation and/or restrictions shall be adopted to bring the operation into compliance.

 

Michael Whitley, Planner, went over the description of the project. The Subject property is a 35.05-acre parcel at 2661 West County Road 64, located on the south side approximately one-half mile west of the intersection of County Road 64 and County Road 19, known as Taft Hill Road. The Proposed Community Hall building would include and event space with a gas fireplace, two changing rooms, two additional bathrooms, a storage area, and a food preparation area. A covered patio is proposed on the south side of the building. The proposed site plan includes a pergola and an outdoor ceremony area. Events would be limited to 130 individuals, including staff. Hours of operation are proposed to be limited to 8 a.m. to 10 p.m. Sunday through Thursday and 8 a.m. to 11 p.m. on Friday and Saturdays. No more than one event would be held per day with a maximum of 50 events per year and a parking lot is proposed to accommodate 71 vehicles, including three hadicapped accessible spaces is proposed on the north side of the Community Hall building.

 

Chair Donnelly invited the applicants to address the Board,

 

Janice and Lloyd Leflet explained that the Covey is a facility for recreational, social and cultural activities to provide a comfortable, stylish gathering place for events that will provide lasting memories.

 

The venue will be available for, but not limited to: Reunions, dances, corporate meetings, anniversaries, birthdays, weddings, rehearsal dinners and celebrations of life. The owners will also be hosting non-profit philanthropic events. They are mindful of the needs of certain charitable causes and will offer the facility rent free for specific events such as the Wounded Warrior Project and they explained that although the building capacity is much larger than 130 individuals; they will voluntarily limit events to 130 people including staff. This was done in consideration of the neighbors and neighborhood.

 

The Leflets explained that guests are seeking a venue that offers a county atmosphere with an elegant ambiance. Venue seekers are looking for a place that is convenient for guests and participants that is close to town. Fort Collins is only a fifteen-minute drive with restaurants, hotels, shopping and other amenities.

 

The Leflets believe that rural mountain venue, close to Fort Collins are limited in indoor event facilities and with the continued population growth, places for small groups is more and more difficult to find.

 

They also went over issues such as noise, building construction, existing conditions and proposed locations, wildlife and hours of operation, traffic and proposed changes and improvements.

 

There was a neighborhood meeting held on March 27, 2019 to discuss neighbor concerns.

 

Chair Donnelly opened the hearing for public comment.

 

The following people spoke in opposition to the Covey Special Exemption: Russell Rohloff, Julie Rohloff, Barbie Lytle, Zach Rogers, April Christensen, Annette DeGroot, Dean DeGroot, and Jay Altman. Their collective concerns are noise, traffic, effects to wildlife, decreased property values, peace and quiet with the neighborhood and community, County Road 64 conditions, monitoring of events, crime, and fire danger. Several people spoke asking that if approved, they would like certain restrictions including but not limited to: Number of events per year, decreased hours of operation, limit the number of dance events per year, restrict outdoor activities, prohibit outdoor amplified sound, landscaping, and fencing.

 

The following people spoke in support of the Covey Special Exemption: James France, Jeff Schneider, Darrel Lawson, Carla Beard, Iris Buzzard, Bob Job, Jalena Vosberg, Cory Sullivan, Steve Mcclintock, Cindy Peck, Cherri Reynolds and Madeline Craigerschmidt. They collectively agreed that this will be a beautiful, well needed facility and that the Leflets are great people with only good intentions and they have always attended the Leflets dances in the past and have always had a great family experience. Several people spoke about how change is inevitable and the Leflets have a right to decide what is best for their property.

 

Chair Donnelly closed public comment.

 

Chair Donnelly invited the applicants the opportunity for rebuttal.

 

The Leflets approached the Board and felt they had addressed the concerns of the neighborhood especially on construction of the building, landscaping, noise, smoking in designated areas only, no overhead lighting, parking, limiting the number of guests at one time. They feel they are good neighbors and do take their concerns seriously.

 

There was some discussion between the Board, applicants and staff.

 

Mr. Whitley explained the difference between a Special Review and a Special Exception as well as explained to the Leflets an Amended Special Exception.

 

Commissioner Kefalas had some specific questions for staff on legitimate concerns regarding adverse impacts as well as possible future neighborhood meetings.

 

Commissioner Kefalas also had some concerns about the number of events, number of parking spaces, perhaps moving the parking lot to the west as well as add additional landscaping and decrease in operational hours.

 

There was some discussion among the Board of Commissioners.

 

MOTION

 

Chair Johnson moved that the Board of County Commissioner approve the Covey Special Exemption, File #18-ZONE2425 with the twelve conditions put forth by the Planning Department and add a thirteenth condition to include decreasing to twenty-four events, 130 attendees, hours of operation from 9 a.m. to 10 p.m. and 52 parking spaces in the parking lot.

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 9:40 p.m.

 

 

TUESDAY, MAY 7, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with, Lorenda Volker, Assistant County Manager. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Brenda Gimeson, Commissioners’ Office; and Deirdre O'Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT:  Chair Donnelly opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  Eric Sutherland addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 29, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the weeks of April 29, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 13, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS : As recommended by the County Assessor, the following Petition for Abatement have been approved: TFARMA (CO) QRS 16-93 INC R1648648/97233-74-001 (2016/2017/2018)

 

05072019A001             CONTRACT TO BUY AND SELL VACANT LAND, LOT #1 BY AND BETWEEN LARIMER COUNTY AND DIAMOND TAIL RANCH COMPANY LLC

 

05072019A002             DUPLICATION OF BENEFITS AFFADAVIT BY AND BETWEEN LARIMER COUNTY AND STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA)

 

05072019A003            INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN LARIMER COUNTY AND CITY OF FORT COLLINS FOR THE STATE HIGHWWAY 1/ DOUGLAS ROAD (CR 54) SIGNALIZATION PROJECT

 

05072019A004            CONTRACT AMENDMENT #1 FOR THE LARIMER COUNTY CO-RESPONDER PROGRAM

 

05072019A005            CW STEP CONTRACT AMENDMENT #2(COLORADO WORKS SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM) BY AND BETWEEN LARIMER COUNTY AND THE STATE OF COLORADO

 

05072019D001            DEED OF DEDICATION- BERTH AND LAVELLE

 

05072019D002             CONVEYANCE OF PERMANENT DRAINAGE EASEMENT

 

05072019D003             CONVEYANCE OF PERMANENT UTILITY EASEMENT

 

05072019R001             RESOLUTION APPROVING THE POUDRE VALLEY FIRE PROTECTION DISTRICT 2018 INTERNATIONAL FIRE CODE AND AMENDMENTS

 

05072019R002            RESOLUTION APPROVING THE ESTES VALLEY FIRE PROTECTION DISTRICT 2018 INTERNATIONAL FIRE CODE AND AMENMENTS

 

05072019R003            RESOLUTION APPROVING THE LYONS FIRE PROTECTION DISTRICT 2018 INTERNATIONAL FIRE CODE AND AMENDMENTS

 

05072019R004            FINDINGS & RESOLUTION APPROVING THE HENDRICKS MLD, TRACT B AMENDED PLAT AND BOUNDARY LINE ADJUSTMENT

 

05072019R005            RESOLUTION REGARDING EXTENSION OF APPROVAL FOR INDUSTRIAL BUSINESS PARK INTERNATIONAL PUD AP

 

05072019R006            SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY 1-SETTING SALARY

 

05072019R007            SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY 1-SETTING SALARY

 

 

MISCELLANEOUS: Open Lands Advisory Board Bylaws; Department of Human Services Payments for March 2019; Request for Approval to Enter Upon Lands; Statement of Authority for Todd Juergens, Road and Bridge Director; Recommended Appointment of Larimer County Representative to the Larimer Home Improvement Program Board of Directors.

 

LIQUOR LICENSES:  Supermarket Liquors – Tasting Permit – Fort Collins; Mishawaka Amphitheater–Tavern –Fort Collins

 

Chair Donnelly let the Board know that Resolution number three, The Lyons Fire Protection District 2018 International Fire Code and Amendments has been pulled due to a typographical error and will be moved to next weeks Administrative Matters meeting.

 

M O T I O N

 

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

Agenda as amended.

 

Motion carried 3-0.   

 

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

 

 

6.          PROCLAMATION FOR NATIONAL FOSTER CARE MONTH: Every year during the month of May we observe National Foster Care Month. It's a time to celebrate those individuals who open their homes to provide safe care to children in need. Foster parents play an essential role in supporting and caring for children and youth during the most critical times in their lives. As a County we want to extend our deepest appreciation to those who provide this valuable service. We also want to bring to public attention the need for foster parents in Larimer County and inspire people to get involved in our local efforts to provide care and help our most vulnerable children and youth to be safe and reach their full potential.

 

Laura Walker, Human Services Director; Thad Paul, Child and Family Services Manager, Angela Mead, Child and Family Services Manager; Julie Rudley, Social Case Worker Manager; Alex Ristol, Caseworker and Theresa and Tom Beaver, Foster Parents addressed the Board.

 

Ms. Walker spoke of the need for Foster Family’s in Larimer County and that there are currently over 2100 Foster Families in the State of Colorado. Six of those families are being recognized by the Governor of Colorado, including the Beavers.

 

The Beavers spoke of their experiences with the children that they have fostered as well as the relationship they have with some of the birth families. They talked about the qualification process on becoming a foster family and that they were very impressed with the training classes and that they are a vital part of learning and becoming better parents.

 

The Commissioners expressed their gratitude to staff as well as the Beavers. They appreciated the amount of commitment and time it takes to be a foster parent and their desire to give kids a stable home and the positive and lasting impacts this has on foster kids.

 

The Commissioners spoke about the challenges and sometimes difficult situations that these kids are in and that there are staff and families willing to work in these types of situations is a testament to these adults and the opportunities that they provide for the future of these children.

 

The Commissioners let the staff and the Beavers know that there is no way to express their appreciation for all their hard work and they are truly an inspiration.

 

Commissioner Kefalas read the following Proclamation:

 

WHEREAS, Foster Care Month provides an opportunity to pledge our commitment to bring awareness to the needs of children who cannot remain in their home safely. These children are in need and deserve a temporary haven of a family home where they can be protected, nurtured and loved;

 

WHEREAS, we recognize that these children have experienced trauma and, with love and nurturance by caregivers, they can feel safe and secure and free to achieve their greatest potential;

 

WHEREAS, we know that children grow to become their best selves when they are surrounded by loving families and a supportive community;

 

WHEREAS, we acknowledge that foster parents can provide invaluable support to birth parents when they come alongside them during their most challenging moments of life;

 

WHEREAS, we know that foster parents can best care for children and youth with special needs when they have support from their community;

 

WHEREAS, we all have a responsibility, as individuals, families, neighbors, community members and citizens of Larimer County to help create healthy, safe and nurturing experiences for children in foster care;

 

WHEREAS, we acknowledge the need to increase the number of certified foster homes in Larimer County; and

 

WHEREAS, we want to express our deepest gratitude to the foster families of Larimer County for the personal sacrifices of time, energy and the investment they are making in the lives of foster children;

 

NOW, THEREFORE, WE, the Board of Commissioners of Larimer County do hereby proclaim May 2019 as Foster Care Month

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners proclaim the month of May 2019 Foster Care Month

 

Motion carried 3-0

 

The Board took a brief recess for a photo.

 

The Board returned to session.

 

7.          REGIONAL ECONOMIC DEVELOPMENT PARTERSHIP MEMORANDUM OF UNDERSTANDING AND PROCLAMATION DECLARING MAY 6-11, 2019 AS ECONOMIC DEVELOPMENT WEEK: Significant benefit can result from collaboration on economic development activities that promote the positive business attributes and amenities of Northern Colorado. Economic development professionals are building on the established set of standards and protocols of professional conduct to more effectively serve our customers by drafting a Northern Colorado Regional Economic Development Partnership Memorandum of Understanding. In addition, May 6-11, 2019 is Economic Development Week. To reaffirm the importance of economic development in our region, a proclamation by the Board of County Commissioners has been drafted in observance of the week.

 

Advantages: Greater alignment of services will provide better customer services through coordinated industry outreach that focuses on the collective strengths, shared regional assets and diverse industry clusters of Northern Colorado.  Promoting Northern Colorado as a single economic region for new and expanding firms benefits the entire region.

 

Jacob Castillo, Economic and Workforce Development Director spoke about bringing awareness of economic development and how a quality of life starts with a good job and being able to support yourself and your family.

 

Mr. Castillo spoke about the current strong economy and rise in wages and low unemployment rates in Larimer County.

 

Commissioner Kefalas spoke about his recently attending the Youth Entrepreneur Tournament and that he gave the opening remarks and what a great opportunity this is for young people to start thinking about becoming entrepreneurs and upward mobility.

 

Chair Donnelly wanted to express his gratitude to Jacob for all his hard work and building strong bonds with other counties.

 

Commissioner Johnson read the following proclamation:

 

WHEREAS, economic development is a process that is strengthened by the critical partnership between economic development professionals and local government leadership to promote a shared vision for developing vibrant communities and a resilient economy; and

 

WHEREAS, economic developers promote economic well-being and quality of life for their communities by helping to retain and create jobs that sustain individuals and families, generate wealth and provide a stable tax base; and

 

WHEREAS, economic developers, in partnership with industries, educators, and other key allies cultivate and nurture entrepreneurship, foster an effective business climate and meet the increasingly critical need for a skilled and competitive workforce; and

 

WHEREAS, economic developers are engaged in a wide variety of settings including rural and urban, local, state, and federal governments, public-private partnerships, chambers of commerce, universities and a variety of other institutions;

 

NOW, THEREFORE, WE, the Larimer County Board of Commissioners, do hereby recognize the efforts of the Larimer County Economic and Workforce Development Department and our regional partners, and reaffirm the importance of inclusive regional economic development in Larimer County by proclaiming May 6 - 11, 2019 as ECONOMIC DEVELOPMENT WEEK.

 

MOTION     

 

Commissioner Johnson moved that the Board of County Commissioners proclaim May 6-11, 2019 as Economic Development Week

 

Motion carried 3-0   

 

The Board took a brief recess for a photo.

 

The Board returned to session.           

 

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 .        EXECUTIVE SESSION: The Board went into Executive Session; Conferences with an attorney for the purpose of receiving legal advice on specific legal questions. Pedro Reyes vs. Larimer County Planning Commission, Jeff Jensen and Gary Gerrard, pursuant to C.R.S.24-6-402(4)(b) and Shannon Luca vs. Board of County Commissioners, et al., pursuant to C.R.S 24-6-402(4)(b)

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners enter Executive Session regarding the following two items: Pedro Reyes vs. Larimer County Planning Commission, Jeff Jensen and Gary Gerrard, pursuant to C.R.S.24-6-402(4)(b) and Shannon Luca vs. Board of County Commissioners, et al., pursuant to C.R.S 24-6-402(4)(b), conference with an attorney to receive Legal Advice.

 

Motion carried 3-0

 

Decisions expected

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners authorize the County Attorney to defend the Larimer County Planning Commission, Jeff Jensen, and Gary Gerrard in their individual and official capacities and provide full indemnity to them, including punitive damages, in the Pedro Reyes case, U.S. District Court Case Number 18 CV 31158-PAB-STV.

 

Motion carried 3-0

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners authorize the County Attorney to defend the Board of County Commissioners, Larimer County Community Corrections, Larimer County Sheriff’s Office, Tim Hand, Justin Smith, Dana Hersch, Mason Kopp, Gwen Ash, Erin Caldwell, and Lauren Hand in their individual and official capacities and provide full indemnity to them, including punitive damages, in the Shannon Lucas case, U.S. District Court Case No. 19 CV 1251-REB-NRN and further move that Bruno, Colin and Lowe be retained as Council.

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 10:45 a.m.

 

 

 

____________________________________

                        TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk