MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, may 13, 2019

 

    LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Carol Kuhn, Principal Planner. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Karin Madson, Code Compliance Director; Leslie Ellis, Rob Helmick and Rebecca Westerfield Community Development; Katie Gray, Engineering; Lea Schneider, Health Department; Jeannine Haag, County Attorney; and Elizabeth Carter, 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.

 

A member of the audience requested for item number two, the Erickson Subdivision File #18-LAND3849 be removed from the consent agenda. Chair Donnelly moved the consent agenda item to the end of the hearing to have a full presentation.

 

1.         SAGE VALLEY DC RES LOT A, LOT 1 AND LOT 2 AP & EV & APPEAL, FILE# 19-LAND 3863: The purpose of the proposed Amended Plat of the Sage Valley Conservation Development Residual Lot A, Lot 1 and Lot 2 is for the owner of Lot 2 to own the driveways that he uses to access Lot 2. The driveways are currently located on Residual Lot A, which is under a different ownership than Lot 2. With the Amended Plat proposal, Lot 2 is proposed to become a building envelope on Residual Lot A. The new Residual Lot A building envelope and the amended Residual Lot A will be under one ownership to ensure the driveways and current Lot 2 will be under the same ownership.

 

The current Residual Lot A is being proposed to be split into Residual Lot A and Residual Lot B. The owner of the proposed Residual Lot B will be the same owner of Lot 1. Lot 1 is proposed to change from two acres in size to 2.09-acres in size. The southern portion of the existing Residual Lot A is proposed to become Residual Lot B. The amount of residual land is proposed to increase with this request. 

 

The applicant is also proposing an easement vacation of the 32-foot access easement across the proposed Residual Lot A. Since the driveways are proposed to be on property that is owned by the same owner of the existing Lot 2 (which will be converted to the Residual Lot A building envelope), the easement on the plat is no longer necessary.

 

The existing Residual Lot A building envelope is proposed to be vacated with this amended plat. The intention behind vacating the existing Residual Lot A building envelope is a mechanism the owner of Lot 1 is using to ensure that no additional buildings will be built on the proposed Residual Lot B. A portion of the proposed Residual Lot B is located north of Sage Valley Court, so an appeal to Section 8.14.1.I of the Land Use Code is necessary. Section 8.14.1.I states that lots cannot be divided by a municipal or county boundary line, road, alley, or another lot.

 

Review Criteria:

 

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 by the amended plat. Although the existing Residual Lot A is being split into Residual Lot A and Residual Lot B, the acreage of residual land will remain the same at about 31 acres in size and Lot 2 is converted into a building envelope and a developable building envelope is being vacated.

 

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 O-Open zoning district is 10-acres. In a Conservation Development, the lots can be as small as two acres in size, according to Section 4.1.5.B.1.b of the Land Use Code. The lot dimension ratio is met. The proposed new configuration of Residual Lot A is 12.06 acres, Residual Lot B is proposed at 19.84-acres overall, and Lot 1 is proposed at 2.09-acres.

 

C.   The amended plat will not create a nonconforming setback for any existing building. There is currently an existing home located on the existing Lot 1, an existing home on the existing Lot 2, and an existing outbuilding on the existing Residual Lot A. The amended plat does not create a nonconforming setback for any existing building.

 

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 Residual Lot B is proposed to be divided by Sage Valley Court. Although the proposed Residual Lot B does not meet the criteria that resultant lots are not split by a road, the proposed Residual Lot B is unbuildable lot. An appeal to Section 8.14.1.I is included with this request. Staff can support the appeal for Residual Lot B being split by Sage Valley Court. The Residual Lot B is proposed to be held under single ownership, and the ownership will not be split up by Sage Valley Court.

 

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. The proposed amended plat does not adversely affect access, drainage or utility easements, or rights-of-way serving the property or other properties in the area.

 

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 BOCC 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 original Sage Valley Conservation Development plat, file 05-S2405, shall also apply to the resultants 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 BOCC shall consider the original reason or circumstance for a condition or note on a plat when approving a change.

 

The note on the original plat that reads “only support buildings are allowed in Residual Lot A except for in designated residential building envelope” also applies to the proposed amended plat and the proposed Residual Lot B. Agricultural support buildings may only be placed within the designated residential building envelope.

 

When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the BOCC may grant the appeal subject to safeguards and conditions consistent with their findings concerning certain factors. The Board will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the appeal:

 

  A.    Approval of the appeal will not subvert the purpose of the standard or requirement.        The purpose of the standard of Section 8.14.1.I of the Land Use Code is to have continuous lots which are not split by a municipal or county boundary line, road, alley, or another lot. Approval of the appeal of Section 8.14.1.I does not subvert the purpose of the standard or requirement, because the proposed Residual Lot B is not a buildable residential lot and will therefore not be impacted by the road splitting the lot. The proposed reconfiguration consolidates the associated driveways onto the corresponding lot.

 

B.    Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood.  Approval of the appeal to Section 8.14.1.I of the Land Use Code is not detrimental to the public health, safety or property values in the neighborhood. Surrounding property owners will not be affected by Residual Lot B being split by Sage Valley Court.

 

C.    Approval of the appeal is the minimum action necessary.  Approval of the appeal is the minimum action necessary in order to keep the current placement of Sage Valley Court with the proposed residual land layout and consolidate the driveways on the applicable lot. 

 

D.    Approval of the appeal will not result in increased costs to the general public. Approval of the appeal to Section 8.14.1.I does not result in increased costs to the general public and includes the driveway and lot under the same ownership.

 

E.    Approval of the appeal is consistent with the intent and purpose of the Code. The intent and purpose of the Code is “to preserve, protect and improve the health, safety, and general welfare of Larimer County residents and to implement the Larimer County Master Plan.” Approval of the appeal to Section 8.14.1.I of the Land Use Code is consistent with the intent and purpose of the Code. The health, safety and general welfare of the Larimer County residents are not affected with the proposed appeal.

 

This request also includes an easement vacation request of the 32-foot access easement. Per Section 5.9.3 of the Land Use Code, to approve a right-of-way or easement vacation, the BOCC consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

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.  Approval of the vacation request of 32-foot access easement does not leave any land adjoining the right-of-way without an established public road or private easement connecting the land with another established road, or without utility or drainage services.

 

B.         The recommendations of referral agencies have been considered. Referral agencies comments have been considered and are summarized 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 BOCC approve the vacation. Right-of-way is not proposed to be vacated with this request. Only the 32-foot wide access easement is proposed to be vacated with this request, so the driveway on the proposed Residual Lot A will be under the same ownership as the proposed Residual Lot A building envelope.

 

Local agencies were contacted for comment.  The Little Thompson Water District stated that for “the tap (for Lot 1) an easement should be provided across Residual Lot B for the tap holder of Lot 1. Additionally, should the property owner of Residual Lots A or B desire water service to any buildings on those parcels, those lots would require a separate tap per District Rules & Regulations.” Loveland Fire Rescue Authority commented with no issues. The Division of Water Resources commented that the one existing well can continue to be used as it has historically been used. Lastly, the Assessor’s Office commented that the two lots are located within two separate tax districts. The plat and inclusion order need to both be recorded in order to resolve the issue.

 

The Development Services Team recommends approval of the Sage Valley Conservation Development Residual Lot A, Lot 1 and Lot 2 Amended Plat, and vacation of the 32 foot  access easement located on the common lot line, and appeal to Section 8.14.1.I of the Land Use Code,  File #19-LAND3863, subject to the following conditions 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 November 13, 2019 or this approval shall be null and void.

 

2.   Prior to recordation of the amended plat, the plat and inclusion order must be recorded since the lots are located within two separate tax districts.

 

3.   The vacation of the access easement and the reconfiguration of the lots lines shall be finalized prior to recordation of the plat and findings and resolution of the County Commissioners are recorded. 

 

4.   An amendment to the Development Agreement must be signed and recorded prior to recordation of the final plat.

 

5.   Prior to the recordation of the final plat, an updated Road Maintenance Agreement shall be recorded.

 

3.         MULENBRUCK ZONING VIOLATION, FILE314-CC0294: Costs and expenses to perform the work of removing all vehicles, junk, rubbish and any outdoor storage, including unlicensed and inoperable vehicles & recreational vehicles, were incurred by the County.  These costs and expenses were not paid by the property owner as ordered.  Pursuant to the Report of Costs dated March 19, 2019, unpaid costs associated with the removal and disposal of the above noted items shall be assessed as a lien against the property.  Staff is, therefore, requesting the Board of County Commissioners approve the Order and Assessment.

 

Staff outlined the following facts regarding the violation:

 

1.   At a public meeting on Nov. 18, 2014 the Board of County Commissioners found that a violation existed and authorized legal action.

 

2.   Staff referred the file to the County Attorney’s Office for legal action.

 

3.   A Court Order for case 2015CV30639 was entered on May 24, 2015 enjoining and restraining Craig Muhlenbruck from:

 

a  Storing any vehicles, including RV’s, on the property that are inoperable, unlicensed, or not registered to himself or other legal occupant of the property. 

 

b  The Court Order required Craig Muhlenbruck to:

 

a.   Remove all such vehicles within 30 days of the order.

 

4.   The vehicles were not removed by the deadline established by the Court and have continued to be stored and brought onto the property at various times since that order.

 

5.   Larimer County staff and Blue-Ribbon Towing employees (contractor) entered the property on Feb. 11, 2019 to tow the vehicles, including RV’s, on the property that were inoperable, unlicensed, or not registered. 

 

6.   A Report of Costs (invoice) for the costs incurred in the demolition was mailed via regular and certified mail to the owner on Mar. 19, 2019, with the request that the amount owing be paid to the County within thirty (30) days, or by April 19, 2019.  

 

7.   The owner did not pay the amount due.  

 

8.   The Court Order provides that the costs incurred shall be automatically assessed as a lien against the property collectible by the Larimer County Treasurer in the same manner and with the same priority as general real property taxes.

 

9.  Notice of this hearing was mailed, certified and regular mail, to the owner of record on April 26, 2019.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve items #1 and #3 of the consent agenda.

 

Motion carried 3-0.

 

2.         ERICKSON SUBDIVISION, FILE #18-LAND3849:  Rob Helmick, Community Development.  Mr. Helmick reported to the Board that the applicant proposes to divide a 22.83-acre parcel created by the Dry Creek Acres Minor Land Division. This lot, which is currently vacant irrigated agricultural land, is proposed to be divided to create two new lots of 10 and 12.83 acres with the plat. The neighborhood of this site is characterized by a variety of lots including 35 plus acre tracts with single family homes, the Scenic Ranch RLUP with 18 residential lots, a few smaller Minor Residential Development lots and agricultural and grazing uses.  The Boettcher Farms properties in this area were historically irrigated but dried up at the sale of the cement plant properties and are principally used for grazing agriculture.  The parcel is in the La Porte Planning area and is designated as residential 10-35 acres.  The proposal is consistent with that designation.

 

Mr. Helmick noted that to approve a subdivision, the BOCC must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

A.  The proposed Subdivision is compatible with existing and allowed land uses in the surrounding area. The proposed subdivision and lots are consistent with the RE-Rural Estate zoning and compatible with the surrounding area.  A variety of lots, including older subdivision lots of 2-5 acres, 35-acre parcels and agricultural properties characterize this neighborhood.  The creation of lots is consistent with the general and possible pattern of development in the area.   One neighbor has raised concerns with this division, specifically the possible impacts on their ditches.  The proposed lots meet the minimum zoning and given that the technical standards are met, they are considered compatible. 

 

B.   The applicant has demonstrated that the proposed Subdivision can and will comply with all applicable requirements of this code. The referral comments and Staff review have not revealed any conflicts with the requirements of the Code.  With respect to the specific standards of the Code the staff finding are listed below.

 

Adequate Public Facilities: 

 

8.1.1. Sewage disposal level of service standards:  The two new lots will be served by an onsite sewage disposal system.  Both new lots are large enough to accommodate this type of system. Site specific soils investigations will be necessary at the time of building permits for system design and permitting.

 

8.1.2. Domestic water level of service standards:  Northern Colorado Water Association is the service provider.  They have provided a commitment for service.

 

8.1.3. Drainage level of service standards:  Staff do not anticipate issues with the drainage plan proposed with this application.  Engineering comments do not identify any issues with the plans as proposed.  The proximity of the Dry Creek and its floodplain will require the floodplain shall be delineated on the final plat. A Final Drainage report will be reviewed and approved as a part of the Final Plat application.

 

8.1.4. Fire protection and emergency medical service level of service standards are maintained.  Fire protection is provided by the Poudre Fire Authority.  They have noted the need for residential fire sprinklers for new construction if suitable hydrants are not within 400 feet of a structure and if the access/structure is more than 600 feet on a dead-end road.  In this case the new lots will be required to provide residential fire sprinklers. 

 

8.1.5. Road capacity and level of service standard:  The applicants propose one new access to the two new lots.  The applicant has appealed the need for providing connectivity. The Planning and Engineering staff concur that there is limited potential to provide for future road connectivity, therefore an appeal can be supported.   No additional Right of Way for CR 19 will need to be dedicated as it was dedicated on the Dry Creek Acres Minor Land Division plat 

 

8.2. Wetland Areas:  There are no wetlands identified on this parcel. 

 

8.3. Hazard Areas:  There is a small area on the east side of the property affected by the Dry Creek floodplain. This will need to be shown on the final plat to avoid any building in the area. There are no other hazard areas identified on this parcel.

 

      8.4. Wildlife:  Colorado Division of Parks and Wildlife has commented on the request.  While they note no conflicts with wildlife, they do note the possibility of nuisance conflicts with some wildlife.  The disclosure notice will put landowners on notice with respect to interactions with wildlife. 

 

8.5. Landscaping:  Landscaping is not required, nor is any proposed for this development. 

 

8.8. Irrigation Facilities:  There are irrigation facilities in the area.   The Jackson Ditch and the lateral ditch on site along CR 19 have ditch easements which are reflected on the plat. Crossing agreements may also be required, as a part of the final plat application. 

 

8.14. Development Design:  The proposed divisions are generally consistent with the Design Standards and Guidelines, however, there is one concern.  The current and proposed access does not provide connectivity.  Staff concurs with the applicant that the layout of the site and neighborhood is not conducive to establishing roadway connectivity.  The pattern of nearby lot layout and the underlying density do not suggest significant further development in the area as well the Dry Creek floodplain limiting development to the east are factors in this assessment.

 

C.   The recommendations of referral agencies have been considered. Referral comments at this time have not revealed any significant issues.

 

D.  Approval of the proposed Subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed Subdivision. The division only creates the two proposed lots from the property.  This should not result in a significant impact to any properties in the immediate area.  Except for comments from one neighbor related to the possible impact on their ditches, there have been no other neighbor comments.

 

The Development Services Team finds the following with respect to the Erickson Subdivision:

 

·   The proposed subdivision is compatible with existing and allowed land uses in the surrounding area. Development in the surrounding area is single-family residential on large lots of 10 plus acres.  The RE-Rural Estate zoning allows for and anticipates this type of development.  The proposal is compatible with the existing and future land use pattern. 

 

·  The applicant has demonstrated that the proposed subdivision can and will comply with all applicable requirements of this code. With the exception of the appeal, the development meets the requirements of the Code.  The requested appeal is supported by the Team and does not subvert the intent or purpose of the Code.

 

·  The recommendations of referral agencies have been considered. Referral agency comments have been integrated into the design and or the conditions of approval. 

 

·  Approval of the proposed subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed subdivision. Although one neighbor is concerned with the proposal, the Team finds that there is no substantial adverse impact to other properties in the vicinity. 

 

The Development Services Team recommends Approval of the Erickson Subdivision File # 18-LAND3849, and; the requested Appeal 8.14.1.R, connectivity; subject to the following condition(s):

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Erickson Subdivision File # 18-LAND3849, 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 Erickson Subdivision File # 18-LAND3849.

 

2.   The following fees shall be collected at building permit issuance for new single-family dwellings:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Fire Requirements – All new residential structures will be required to have residential fire sprinkler systems. 

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation.  The lowest habitable floor level (basement) shall not be less than three feet from the seasonal high-water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   The developer is responsible for the construction and acceptance of the domestic water line for the Northern Colorado Water Association. 

 

7.   All road improvements identified on the plans are the responsibility of the developer. 

 

8.   That portion of the property affected by the Dry Creek floodplain will need to be shown on the plat.

 

9.   Any additional easement for the ditches will need to be finalized as a part of the Final Plat process.

 

10.   The final plat shall be revised to reflect a common access point on CR 19 centered on the common lot line of Lots 1 and 2.  This shall be the only new access onto CR 19 for this development. 

 

Chair Donnelly invited the applicants to come forward.  Dean Erickson addressed the Board as the owner of the property along with his wife, Susan Erickson.  Mr. Ericson reported that he and his wife purchased the property in 2018 and since that time have been taking the necessary steps to have the property converted from a MLD to a Subdivision.  He noted that some concerns had been raised about how the additional access point could potentially impact a ditch in the area.  Mr. Erickson reported to the Board that he had spoken with the owners of the ditch and had some conversations with the owners of the lateral portion of the ditch.

Chair Donnelly opened the meeting to public comment. Sky Weitzel came forward to address the Board.  Mr. Weitzel reported to the Board that he is the co-owner and operator of a farm which is directly south of the potential access point and co-owner of the lateral ditch.  He stated that while he had conversations with Mr. Erickson the other owner had not been contacted.  Mr. Weitzel also stated that he does not object to the access point, but he does want to be sure it is engineered properly and that all parties are provided with an opportunity to sign off on it. 

 

There was a brief discussion between the Board and staff regarding what is necessary for a ditch crossing.  Chair Donnelly closed public comment and invited the applicant to return and address the Board. Mr. Erickson confirmed to the Board that he had met with Mr. Weitzel and that they had a verbal agreement.  Mr. Erickson also stated that he is willing to meet with other neighbors and negotiate the ditch crossing as a private matter.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Erickson subdivision File #18-LAND3849, and the requested Appeal 8.14.1R., connectivity.

 

Motion carried 3-0.

 

With there being no further business, the Board adjourned at 3:25 p.m.

 

 

TUESDAY, APRIL 9, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

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

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT :  Eric Sutherland addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 6, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of May 6, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 20, 2019:   Ms. Gimeson reviewed the upcoming schedule with the BOCC.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement have been denied: FREDRICK FAROKHMANESH REVOCABLE FAMILY TRUST, R1653012/86092-67-102 (2018); ORLOWSKI, R1239961/97263-57-008 (2017/2018); CROWLEY, R1605014/88083-07-004 (2018); DANDO, R1641218/97111-78-218 (2017/2018); BUGG AND BUGG JR, R1600281/96144-19-082 (2017/2018).

 

05142019A001             LARIMER COUNTY CRIMINAL JUSTICE SERVICES DIVISION CONTRACT #2019.001 FOR SERVICES WITH SUMMITSTONE HEALTH PARTNERS’

 

05142019A002             INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION TO ROADWAY IMPROVEMENTS BY AND BETWEEN LARIMER COUNTY AND TOWN OF JOHNSTOWN

 

05142019A003             CONSTRUCTION SERVICES AGREEMENT - PROJECT NO. 8503 - 2019 PTARMIGAN PID ASPHALT OVERLAY PROJECT BY AND BETWEEN LARIMER COUNTY AND DON KEHN CONSTRUCTION INC.

 

05142019A004             DRAINAGE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND DANIEL R. BERNTH

 

05142019A005             EXHIBITS B, C, D AND E TO CONTRACT TO BUY AND SELL VACANT LAND, LOT #1 BY AND BETWEEN DIAMOND TAIL RANCH COMPANY, LLC AND LARIMER COUNTY

 

05142019R001             RESOLUTION APPROVING THE LYONS FIRE PROTECTION DISTRICT 2015 INTERNATIONAL FIRE CODE AND AMENDMENTS

           

MISCELLANEOUS: Recommended Appointment to the Oil & Gas Regulations Task Force: Thomas Borch, James Godbold, Andy Peterson, Angela Snyder, Jon Turner, Richard Alper, Arsineh Hecobian, Katie Graves, Kimberly Mendoza-Cooke, Jeffrey Martin, Doug Ryan, Winston Shero, Julie Palmer, Craig Harrison and Mary Bedosky; Recommended Mid-Term Appointment to the Willows PID #45: Mike McClellan.

 

 LIQUOR LICENSES: Turning Point Center for Youth & Family Develop – Special Event 6% – Fort Collins; Fort Collins Country Club – Hotel and Restaurant– Fort Collins; Colorado Cherry Company– Beer and Wine – Lyons.

 

  M O T I O N

 

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

agenda, as outlined above.

 

Motion carried 3-0.   

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: Commissioner Kefalas invited two guests, Ashley Artlip and Maya Eakins, fifth graders at Bennett Elementary School to address the Board.  The students told the Board that they had completed projects on the benefits of tiny houses for their Exhibition Project for school.  They noted that the focus of the project is report on an initiative that has the potential to improve the world.  Ms. Eakins relayed to the Board that tiny houses are better for the environment for several reasons: tiny houses take up less space, require fewer materials and have less of an impact on nature.  Ms. Artlip also noted that tiny houses, because of the reduced cost, could help to reduce homelessness and offer a more affordable alternative for individuals. 

 

The Board viewed the model tiny house that Ms. Artlip and Ms. Eakins constructed as well as video they developed regarding some of the regulations surrounding tiny houses. Lastly, the students requested the Board act on a proposed proclamation for a Tiny Houses Appreciation Week. 

 

The Board took a brief recess.

 

6.         REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP MEMORANDUM OF UNDERSTANDING: Jacob Castillo, Economic and Workforce Development Director. Mr. Castillo reported to the Board that this measure seeks to create a regional Memorandum of Understanding (MoU) between regional economic development partners.  He noted that significant benefits can result from collaboration on economic development activities that promote the positive business attributes and amenities of Northern Colorado. Mr. Castillo stated that 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. Additionally, Mr. Castillo reported that the MoU would create a greater alignment of services which 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.

 

Mr. Castillo introduced the regional partners working on the project including: Josh Birks, City of Fort Collins, Kelly Jones, City of Loveland and Benjamin Snow, City of Greeley.  He then invited Commissioner Steve Moreno of Weld County and Rich Werner, President of Upstate Colorado to address the Board regarding the MoU. Commissioner Moreno and Mr. Werner addressed the areas where the two counties have worked together including the expansion of the I-25 corridor and the Revolving Loan Fund.

 

There was a discussion between the Board and staff regarding why language focusing on child care and housing affordability had been removed from the MoU.  Staff noted that these are indeed important issues which are being addressed by other entities in the respective counties and the removal of the language was to avoid duplicating efforts.  Additionally, there was discussion regarding language to include unincorporated regions of the counties

 

MOTION

 

Commissioner Johnson moved that the BOCC approve the Northern Colorado Regional Economic Development Memorandum of Understanding with the addition of the following language: on page 1 paragraph 4, “as well as the unincorporated communities within our combined jurisdiction”; on page 1 paragraph 5, a “s” to the word professional; and to retain language highlighting child care and housing affordability.

 

Motion carried 3-0

 

The Board took a brief recess.

 

7.         ESTES PARK & LIVERMORE SATELLITE SHOPS CONSTRUCTION:  Jennifer Johnson, Facilities.  Ms. Johnson reported to the Board that per the Master Plan the replacement of the Estes Park and Livermore shops were labeled as priorities. She noted that the County completed the design work previously. This approval is for construction of the main shop building and sand/salt storage facilities at Estes Park and Livermore. Ms. Johnson reported that the awarded contractor is Saunders Heath.  The company was selected through a competitive bid process B19-09 and they were the low bid.

 

Ms. Johnson relayed that the contract amount is $12,632,058 and the project has been funded in the 2019 budget as a lump sum of Fleet projects in the amount of $46.5 million. The funding is to include the two satellite shops for this request and a future replacement of the Vine Street Campus. Ms. Johnson also noted that project will be replacing facilities that are nearly 70 years old.  She also stated that equipment will now be able to park inside. This will protect the longevity of equipment; allow for quicker response times to community needs as equipment can be pre-loaded, stored and ready to respond; and provide for safer conditions for maintenance of the equipment. Also, the sites serving the community remain either in the same location or very nearby to provide best service to the communities. Lastly, the project includes an updated and larger fueling station at the Estes site.

 

MOTION

 

Commission Kefalas moved that the BOCC to approve the AIA Agreements with Heath Construction, LLC dba Saunders Heath Construction in the amount of $12,632,058 for the construction of the main shop building and sand/salt storage facilities at Estes Park and Livermore.

 

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: RESOLUTION AUTHORIZING LARIMER COUNTY LIQUOR LICENSE STAFF: David Ayraud, Count Attorney’s Office. Mr. Ayraud reported to the Board that presently there is a lack of clarity on what duties are delegated to liquor licensing staff.  In particular, there is ambiguity as to whether staff has permission to reduce premise size.  Mr. Ayraud noted that applicants will come back to staff after a liquor license has been approved by the Board and request a size reduction in an effort to ensure that space can be properly monitored and meet with County requirements for a liquor license.  Mr. Ayraud reported that this motion would provide liquor licensing staff with the ability and the direction to approve a reduction in the licensing premise size.

 

MOTION

 

Commission Johnson moved that the BOCC move to authorize liquor licensing staff to approve a reduction in the license premises upon the request of a liquor licensee or applicant.  

 

Motion carried 3-0

 

 

11 .        EXECUTIVE SESSION:  Commissioner Kefalas moved that the Board entered Executive Session to discuss Evangelical Church vs. Estes Valley Board of Adjustment and the general procedures for 1041 Intergovernmental Agreements, pursuant to C.R.S. 24-6-402(4)(b) conferences with an attorney for the purpose of receiving legal advice on specific legal questions.

 

Motion Carried 3-0

 

With there being no further business, the Board adjourned at 10:20 a.m.

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk