MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JULY 15, 2019.

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Kathy Eastly, Lesli Ellis, Jeff Jensen, Community Development; Katie Gray, Engineering; Jeff Woeber, Ester Park Planning; Lea Schneider, Health Department; Jeannine Haag and Frank Haug, County Attorney; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance and 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.    CONTINUANCE REQUEST FOR AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE 5.1.B. VACATION HOME TO REVISE DEADLINE FOR (“CAP”) NUMBER OF VACATION HOMES IN RESIDENTIAL ZONING DISTRICTS:

 

Staff requests that the proposed amendment to the Estes Valley Development Code §5.1.B. Vacation Home to revise the deadline for (“Cap”) Number of Vacation Homes in Residential Zoning Districts be continued to the October 21, 2019 Larimer County Board of Commissioners Hearing.  This request for continuance is from the Town Clerk’s office pending adoption of Estes Park Municipal Code amendments to the business license process.

 

Rob Helmick let the Board know that item number one above has been requested to be tabled until October 21, 2019.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioner’s table item number one, Continuance Request for Amendment to the Estes Valley Development Code 5.1B Vacation Home to Revise Deadline for (“CAP”) number of Vacation Homes in Residential Zoning Districts until October 21, 2019 at 3 p.m.

 

Motion carried 3-0

 

2.    AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE 9.2 AND 9.3 TO REMOVE RESTRICTIONS THAT LIMIT PLANNED UNIT DEVELOPMENTS TO THE CO (OUTLYING COMMERCIAL) ZONING DISTRICT:

 

The EVDC Chapter 9, Planned Unit Developments, has a limitation on PUDs stating that they are allowed only in the CO (Outlying Commercial) Zoning District.

This limitation apparently has resulted in very few PUDs being proposed or approved in the Estes Valley, since the EVDC adoption in 2000.  There simply are not many areas in CO District zoning where it has applicability or benefits.  Undeveloped, privately owned land zoned CO is generally very scarce.

Note, the following Windcliff discussion is for background and context.  A Windcliff PUD approval process would be separate and apart from this Code Amendment.

Recently, the Homeowner’s Association for Windcliff Estates, located in the far southwest part of the EVDC planning area, has approached Community Development to explore the possibility of re-establishing a PUD in that area.

Various filings of Windcliff Estates were approved and recorded as PUDs through Larimer County, beginning around the mid-1970s.  Then, with adoption of the EVDC in 2000, Windcliff Estates was zoned to E-1 (Estate).  Adoption of the EVCD and new Official Zoning Map, without reconfirming the Windcliff PUD zoning, in effect erased the Larimer County PUD zoning from the map. 

Minimum setback requirements in E-1 have led to numerous Windcliff variances being required over the last 19 years, most of which would have been unnecessary prior to 2000.

Many of the residences in Windcliff were, or are longtime vacation rentals, and were built as such.  This has been somewhat problematic, as there is a cap on the maximum number of vacation rentals allowed.  Establishing a PUD overlay in Windcliff may allow some additional vacation rentals, as appropriate.  The currently proposed amendment does not address any vacation home issues; those will be addressed later in the specific Windcliff context.

With that, there is a requirement in Chapter nine, where a PUD overlay must be a “Planned Mixed-Use District.”  “Mixed-Use” is defined, in Chapter 13, Definitions, as development “…with two (2) or more different principal uses…”  In keeping with this requirement, Windcliff would need to propose two principal uses: 1) Single Family Dwelling.  2) Vacation Home. Both of these are uses allowed in the E-1 (Estate) zoning, and both have existed in Windcliff for many years.

Per the EVDC Chapter 3, Review Procedures and Standards, any Planned Unit Development would require an individualized PUD Preliminary Plan, which requires Estes Valley Planning Commission and Board action, and then a PUD Final Plan, requiring Board action only.  Some PUDs would also entail subdivision plats, which typically run concurrently with PUD Plans.  Each would undergo review on its own merits, case by case.

Staff does not envision many PUDs being proposed as a result of this amendment.  Windcliff is the only active example, to our knowledge.  However, the amendment could be useful for other types of mixed-use development in the future—in or near downtown, for example.

 

3.         RESOLUTION TO REAFFIRM MAXIMUM TOTAL (“CAP”) NUMBER OF VACATION HOMES IN RESIDENTAIL ZONING DISTRICTS:   Currently there is a cap of 588 vacation home registrations for residentially zoned properties in the Estes Valley Planning Area. The cap was reached in May 2018, and as of June 15, 2019, there are 38 applications on a wait list. We have had a total of 93 applications on the wait list over the past year, and 50 have secured their registration. There were two that were voided, and three withdrew their applications. The average wait time on the list is 148.2 days, or just under five (5) months. The wait list has 17 County applications and 21 Town applications.

 

786 Vacation homes are registered in all zoning districts in the Estes Valley. The ratio of residential district vacation homes vs. non-residential vacation homes is currently at 79%. This is taking into consideration the cap of 588 plus the 38 applications in residential zoning districts that remain on the wait list. There are 272 vacation homes in residential zoning districts in unincorporated Larimer County, leaving the remaining 316 inside Town boundaries .

 

4.         3133 FISH CREEK ROAD-BENES EASEMENT VACATION

 

This application is a request for a partial utility easement vacation used by multiple utility providers. The portion to be vacated is Southerly 100' of the Easterly 5' of the Westerly 10' of Lot 23, Block 18, Carriage Hills Subdivision 5th filing, located in the south half of section 1, Township 4 North, Range 73 of the 6th P.M., County of Larimer, State of Colorado.

 

This vacation request has been agreed to by all relevant utility providers (Town of Estes Park electric/water, Century Link, TDS, Upper Thompson Sanitation District, Xcel).  All other easements will be retained on this property.

 

Due to all utility providers agreeing in writing to vacate, and because vacating this easement would help with the non-conforming nature of the property, Staff recommends approval of this vacation request.

 

Chair Donnelly asked if any members of the Board are requesting to remove any of the remaining items on the consent agenda.

 

The Board did not request to remove any items.

 

Chair Donnelly asked if any members of the public would like to request removal of any of the remaining items on the consent agenda for a full public hearing.

 

Robert Foster requested item number two, Amendment to the Estes Valley Development Code 902 and 9.3 to remove restrictions that limit Planned Unit Developments to the CO(Outlying Commercial) Zoning District.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners approve the remaining items (3 and 4) on the consent agenda, Resolution to Reaffirm Maximum Total (“CAP”) Number of Vacation Homes is Residential Zoning Districts and 3133 Fish Creek Road- Benes Easement Vacation.

 

Motion carried 3-0

 

Chair Johnson invited Jeff Woeber, Senior Planner, Estes Park, to approach the Board to give a presentation on item number two, Amendment To The Estes Valley Development Code 9.2 And 9.3 To Remove Restrictions That Limit Planned Unit Developments To The Co (Outlying Commercial) Zoning District.

 

Mr. Woeber gave a brief description of the request to amend the EVDC Chapter 9, Planned Unit Developments (PUD’s) allowing a PUD to be proposed in any of the zoning districts within the EVDC.

 

  Mr. Woeber explained that the Estes Valley Planning Commission, at their April 16,2019 meeting,    forwarded a recommendation of approval of the Code Amendment, by a vote of four in favor, one            against, and one recusal.

 

  Chair Donnelly opened the hearing for public comment.

 

  Robert Foster addressed the Board with his concerns. He explained he does not understand the rush            for this and is concerned about unintended consequences.

 

  His specific concerns were related to Windcliff subdivision. He would like to see this postponed for what he believes are issues that have not been adequately considered.

 

  There was some discussion between the Board and Mr. Foster.

 

  Chair Donnelly closed public comment.

 

  Mr. Woeber was giving the opportunity for rebuttal.

 

There was some discussion between the Board and Staff.

 

Mr. Woeber was asked what the neighborhood response has been.

 

Mr. Woeber let the Board know that there was not a tremendous amount of opposition or support. The level of public interest was minimal.

 

There was some discussion between Commissioner Kefalas and Commissioner Johnson.

 

Commissioner Johnson was not convinced on the urgency and would like to see neighborhood input and more detail on why the need to make the change.

 

There was also discussion that this may open up more commercial properties encroaching upon residential communities.

 

Motion

 

Commissioner Kefalas moved that the Board of Larimer County Commissioners continue this agenda item to the October 21, 2019 at 3 p.m. Land Use Meeting in order to gather additional information on Windcliff and other community members.

 

Motion carried 3-0

 

 

 

5.         FEIT SECOND MLD, SECOND AMENDED PLAT, LOTS 1 AND 2, FILE #19LAND3888: Remove a Plat Note that states “Any further development and/or subdivision of the vacant lot must be approved through the appropriate Subdivision, Conservation

Development, or Planned Development process, even if the lots are 35 acres or greater.”

 

The applicants are requesting to amend the final plat for the Feit Second MLD to remove a condition of approval that states “Any further development and/or subdivision of the vacant lot must be approved through the appropriate Subdivision, Conservation Development, or Planned Development process, even if the lots are 35 acres or greater.” The owner seeks removal of the restriction so that the 150.76-acre parcel could be divided into 35-acre parcels.

 

The Feit Second MLD was approved by the Board of County Commissioners in 2000 (File No. 00-S1545), by Findings and Resolution for a Minor Land Division Recorded at Reception No. 2000034358 to create a 5.81-acre Lot 1 and Lot 2 at 154.48-acre. This approval was conditioned that further development of Lot 2 was required to be completed through a County process.

 

This plat was amended in 2004 (File No. 03-S22170), by Findings and Resolution for an MLD Amendment recorded at Reception No. 2004-0031945 to reconfigure the lot lines to create a 5.91-acre Lot 1 and a 150.75-acre Lot 2. This plat also included a dedication of 30-feet of right-of-way along County Road 3. The approval was conditioned that “The final plat will include the following note: The new lots created by this action are subject to the same restrictions, covenants and regulations set forth in the plat of record of the Feit Minor Land Division. “

 

Subsequently the applicant went through the subdivision process, Feit Subdivision, to subdivide Lot 1 into two lots. Lot 2 has remained in agricultural use.

 

The applicants now seek removal of the restriction to allow Lot 2 to be divided into parcels of greater than 35-acres.

 

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.

 

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.

 

C.         The amended plat will 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.

 

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

 

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.

 

This request is a change to a condition or note on a plat as stated above, therefore the County Commissioners shall consider the original reason or circumstance for the condition when approving a change.

 

The Board of County Commissioners has included a condition on all MLD approvals regarding the requirement that further division of the vacant land in the MLD must go through the Subdivision, Conservation Subdivision or Planned Development process, even if the lots are greater than 35-acres. Reviewing the original reason for the plat note, to assure that the division of land through the MLD process was limited to either 35-acre density or to dividing existing legal uses, versus true subdivision of land for future development of additional residential units above the by-right 35-acre allowance.

 

Planning Staff does not support the request as the owner has the opportunity to subdivide and develop the property within the regulatory requirements of the County, which is to apply through the subdivision process as indicated by the plat note restriction.

 

Engineering No drainage or transportation related issues with the request.

 

Health No land division or land development is proposed; therefore, the Health Department would support the requested amended plat.

 

The Feit Family Trust II, LLLP gave up their ability to create 35-acre parcels from this land when they embarked on the Minor Land Division process in 2000. This was clearly stated in the conditions of approval at the time and reiterated when an amended plat was completed in 2004. Lot 1 of the Feit MLD did in fact go through the subdivision process to create two lots on the ±6-acre parcel. The same is required for further division of Lot 2.

 

Historically, the MRD process was an exemption from subdivision regulations to allow a onetime division of land to create of a maximum of 4 parcels outside of the County-adopted subdivision regulations. Other types of exemption processes include the ability to divide land into greater than 35-acre parcels. The allowance for a one-time exemption is to prevent the circumvention of the subdivision regulations.

 

The Development Services Team recommends Denial of the Amended Plat for the Feit 2nd MLD, File Number 19-LAND3888 to amend the condition of approval.

 

Kathy Eastly, Planning, gave a brief overview of the request explaining that no division of the site is proposed through this application.

 

There was some discussion among the Board and Staff about the MLD process.

 

The applicant, Greg Feit, approached the Board.

 

Mr. Feit is requesting the removal of the note and has no plans in the future to divide the land into 35-acre parcels. His intention is to leave this property to his heirs and for them to have options in the future.

 

Mr. Feit explained that this is a functional farm with sugar beets, corn, and dry beans.

 

Chair Donnelly opened the hearing for public comment.

 

Cheryl Motsomoto addressed the Board. She lived adjacent to the farm. Her concern was that she was not sure what his plan was for the future. She is concerned at some point the land will be sub-divided. Some of her concerns are traffic, noise, lightening, and open space.

 

The Board also received a letter from neighbor Ms. McNally.

 

Chair Donnelly closed public comment.

 

Mr. Feit addressed the Board to address public comment.

 

Mr. Feit once again expressed that his request is for Estate Planning only.

 

There was discussion between staff and Board deliberations.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners deny the removal of the plat note for the Feit 2nd MLD, File Number 19-LAND3888.

 

Motion carried 2-1, Chair Donnelly dissenting.

 

6.         LEE MRD, AMENDED PLAT OF LOT 4, FILE #1-LAND3900: This is a request to remove a Plat Note from the Lee MRD “Lot 4 cannot be further divided without the approval of the Larimer County Commissioners.”

 

The applicants are requesting to amend the final plat for the Lee MRD to remove a condition of approval that states “Lot four cannot be further divided without the approval of the Larimer County Commissioners.” The owner seeks removal of the restriction so that the 128.7-acre parcel could be divided into parcels of greater than 35-acres.

 

The Lee MRD (S-15-91) was approved by the Board of County Commissioners to divide 164.5-acres into four (4) lots – Lot one, 9.64-acres, Lot two, 11.2-acres, Lot three, 13.2-acres and Lot four, 128.7-acres. This approval included a plat note restriction that reads “Lot 4 cannot be further divided without the approval of the Larimer County Commissioners.”

 

A Findings and Resolution was approved for an Appeal (16- G0306) to allow a Minor Land Division for Lot four of the Lee MRD which was previously divided under the Minor Residential Development process. The Land Use Code requires a Conservation Development process to divide parcels greater than 30 acres.

 

In 2017 the Lee Minor Land Division (17-LAND3612) was approved by the Board of County Commissioners to divide Lot four, a 128.7-acre lot into two lots described as Lot one (28.5-acres), and Lot two (100.2 acres). Lot two was restricted from further development until it is subdivided through the Conservation Development process in Larimer County or was annexed into the Town of Johnstown.

 

In 2019 the Lee Minor Land Division plat to create Lots one and two was vacated by Findings and Resolution associated with 18-LAND3861. The vacation of the plat resulted in the property reverting to the configuration in the Lee MRD which was the 128.7-acre Lot four.

 

The applicants now seek removal of the MRD restriction on Lot four so that the lot can be divided into parcels of greater than 35-acres. The lot could yield 3 35-acre parcels.

 

A.        No additional lots will be created by the amended plat.

 

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.

 

C.         The amended plat will 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.

 

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

 

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.

 

This request is a change to a condition or note on a plat as stated above, therefore the County Commissioners shall consider the original reason or circumstance for the condition when approving a change.

 

The Board of County Commissioners has included a condition on all MRD approvals regarding the requirement that further division of the land must go through the Subdivision, Conservation Subdivision or Planned Development process, even if the lots are greater than 35-acres. This plat note was required as the MRD process was an Exemption to the Subdivision Regulations which permitted a one-time, streamlined process to divide land. As such, a note was placed on the plat or in the Findings and Resolution which required that future land division go through the appropriate subdivision process with the County. This request would allow further division of the land through an Exemption process allowed by SB 35, rather than a County-reviewed subdivision process.

 

Staff does not typically support requests to remove the development restriction requiring a subdivision process, as the MRD process clearly specified that any vacant parcel created was required to complete a county subdivision review process, even to create parcels greater than 35 acres. This application seeks allowance to create additional parcels of greater than 35-acres contrary to the plat note and Land Use Regulations. Staff supports this particular situation due to written advice that County Staff provided to the Applicant prior to knowledge of the plat note restriction, that stated that the creation of parcels of greater than 35-acres was permissible. This advice was not consistent with County regulations or policy.

 

The property associated with the Lee Minor Residential Division gave up their ability to create 35-acre parcels from this land when they embarked on the MRD process, which clearly permitted a one-time division of land exempt from the County subdivision regulations. This exemption was clearly limited to the one-time division as stated in the conditions of approval.

 

Staff supports this application due to mistaken information provided to the Applicant, however policy typically would not support this request. The County Commissioners may determine whether the reason for the plat note removal is sufficient to approve or deny the request to allow for further exemption from the subdivision regulations.

 

Historically, the MRD process was an exemption from subdivision regulations to allow a onetime division of land to create of a maximum of four parcels outside of the County-adopted subdivision regulations. Other types of exemption processes include the ability to divide land into greater than 35-acre parcels. The allowance for a one-time exemption is to prevent the circumvention of the subdivision regulations.

 

The Development Services Team recommends Approval of the Amended Plat for the Lee Minor Residential Division, File Number 19-LAND3900 to remove Plat Note five. which states “Lot four cannot be further divided without the approval of the Larimer County Commissioners.”

 

Kathy Eastley, planning gave an overview of the request.

 

There was some discussion between the Board and Staff.

 

Chair Donnelly invited the applicant to address the Board.

 

The Applicant. Lar Voss presented the Board with some background information on the farm and the request that is being presented to the Board.

 

Chair Donnelly opened the hearing for public comment.

 

No members of the public addressed the Board.

 

Chair Donnelly closed public comment.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners recommend approval of the amended plat for the Lee Minor Residential Division, File# 19-LAND3900 to remove plat note 5 and replace it with, Lot 4 may be further divided without approval of the Board of County Commissioners into 35 plus acre parcels.  Any division into parcels less than 35-acres will require approval of the appropriate land division process cannot be further divided without the approval of the Larimer County Commissioners.

 

Motion carried 3-0

 

 

 The hearing adjourned until 6:30 p.m.

 

 

                                                LID PUBLIC HEARING

 

The Board of County Commissioner met at 6:30 p.m. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Vicky Citrino, Matt Johnson, Rusty McDaniel, Jake Wilson, Engineering; Kim Crawford, Bond Council; and Deirdre O'Neill, Deputy Clerk.

 

Chair Donnelly explained that this was a public hearing to discuss the Boyd Lake Shores Local Improvement District.

 

Matt Johnson gave an overview of the item. He explained that Larimer County does not perform structural maintenance or improvements on any County subdivision road. Larimer County does perform surface maintenance on some roads (crack seals and chip seals).

 

Mr. Johnson provided an explanation of what an LID (Local Improvement District) is including how they are funded, and that funds must be used for work within the public right-of-way and within the LID boundary. Funds for all improvements shall be used for a one-time project and shall not finance future routine maintenance.

 

Mr. Johnson also explained the steps it takes to create an LID from a neighborhood submitting an application, developed plan, petition, public hearing to November election.

 

Mr. Johnson went over the County’s role and then provided an overview of Boyd Lake Shores. There are 108 residential lots with four main access points. He explained that it is a non-typical urban road section with concrete edge pans for drainage conveyance and no curbs or sidewalks. The subdivision contains three filings.

 

The Subdivision was platted in 196-1971. The Subdivision roads have received minimal to no structural maintenance and mostly only surface maintenance.

 

The proposed improvements are: Full depth reconstruction of all roadway infrastructure throughout Boyd Lake Shores to restore structural pavement strength that will resist cracking and deformation due to moisture and load related issues. The original project estimates, which included sidewalks and potential for annexation was $3.5 million. The current proposal without sidewalks and no potential for annexation is $2.8 million ($2,670 per lot per year over a 15-year loan).

 

Mr. Johnson explained to the Board of County Commissioners that there is some opposition from some residents especially those in the third filing.

 

Chair Donnelly opened up the hearing for public comment.

 

The following residents addressed the Board in favor of the LID plan: Darrel Stothley, Bill Haley, Nathan Brown, Todd Heyner, Hoyle Curtis, Deny Brock and Beth Ann Stothley.

 

Alan Scott and Wendy Herd would like to see it added to the ballot in November 2019.

 

The following residents addressed the Board in opposition: Rick Parker, Paul Fiddler, Greg McCluskey, Geraldine Paxton, Glen Gibson, John Isaak, Dana Stoddard, Tate Bundy and Daniel Filler. Their collective concerns were: seeking other viable solutions that are less expensive, roads are fine the way they are, want to get bids from other companies and pay for it themselves.

 

Chair Donnelly closed public comment.

 

Kim Crawford, Bond Council for Larimer County went over the financial information for the County Commissioners and let the Commissioners know what a great job the Engineering staff has done.

 

The Commissioners thanked everyone for coming and Commissioner Johnson mentioned since the community is so deeply divided, he does not feel it is ready to go to a vote.

 

Chair Donnelly that is will be very challenging to pay for this through an HOA and can be very frustrating, so he is support of the LID.

 

MOTION

 

Chair Donnelly moved that the Board of County Commissioners approve Resolution 07152019R001, a Resolution creating the Larimer County Local Improvement District 2019-01 (Boyd Lake Shores).

 

Motion failed 2-1 Commissioner Johnson and Commissioner Kefalas dissenting.

 

With no more Land Use items, the Board adjourned at 8:30 pm.

 

 

TUESDAY, JULY 16, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present.  Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; Michelle Bird, Public Affairs Manager; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: The following members of the public addressed the Board: Roger Gomez, Mike Sanders, Denise Stephenhagen, Connie Luke, Ken Tharpe, Bill Stephenhagen, Elinor Dwight, Gina Jaggem, Sara Steen, Stuart Watts, Leif Yungs, Debra James, Lyn Thompson, Susan Holmes, Sidna Rachid, Ian Johnston, Gailya Martinez, Becky Curry, Martha Rodin, Stephanie Burgenini, David Shook, Elizabeth Ballinger, Alena Lugo, Sandy Lynbrook, Steve Raimer, Gloria Hallet, Eric Sutherland, Tanaya Hereida, Dolores Williams, Will Rushell, James Fisher, Forest, Carlson, Rosemary Van Gorder, Warren Schneider, Angela Thomas, Richard Montgomery and John Gaines.

 

Chair Donnelly closed public comment.

 

The Majority of the public spoke about their opposition to the Jail Improvement Project. Their collective concerns were that they felt there are better ways to spend the $75 million cost as well as they felt we need to start looking at other avenues such as mental health issues. A big concern was the cash bail for pre-trial inmates that they felt was unfair to low income residents and the homeless.

 

Sheriff Justin Smith addressed the Board to talk about why the need for the Improvement project. He explained that it will provide much needed improvements such as laundry, medical facilities and more beds. He did say that he does understand that this is a significant investment, but his main focus needs to be on protecting victims, those incarcerated and his staff.

 

Sheriff Smith spoke about over capacity and the stress on inmates as well as staff.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF JULY 1, 2019 AND THE WEEK OF JULY 8, 2019:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the weeks of July 1, 2019 and July 8, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 22, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS :

 

Recommended Denial - Parkmoor Storage LLC R159773/95013-96-002 (2017)

Recommended Denial - Larson, John R. R1643166/86354-31-025 (2018)

Recommended Denial - ABS RM Investor Inc.  R1404156/95104-60-002 (2016)

Recommended Denial - Safeway Stores 46, Inc. R1152475/95103-46-001 (2016)

Recommended Denial - Fraley Holding Company LLC – R0338982/85181-08-014 (2016)

Recommended Denial - Fraley Holding Company LLC – R0339024/85181-08-017 (2016)

Recommended Denial - Fraley Holding Company LLC – R1651676/85181-30-001 (2016)

Recommended Denial - Fraley Holding Company LLC – R165677/85181-30-002 (2016)

Recommended Denial - Fraley Holding Company LLC – R1633027/85181-72-001 (2016)

 

 

07162019A002             SISK ANNUAL GRANT/AGREEMENT BY AND BETWEEN LARIMER COUNTY AND US FOREST SERVICE.

 

07162019A003             CORE SERVICE PROGRAM – FIRST OF A THREE YEAR PLAN (SFY 2019-2020) BY AND BETWEEN LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD, YOUTH & FAMILY DIVISION, AND COLORADO DEPARTMENT OF HUMAN SERVICES OFFICE OF CHILDREN, YOUTH & FAMILIES.

 

07162019A004             AMENDMENT NO. 1 PROJECT NO. 8053 – PTARMIGAN PID ASPHALT OVERLAY.

 

07162019A005             AGREEMENT BETWEEN LARIMER COUNTY AND LIVERMORE COMMUNITY WATER ASSOCIATION FOR WATER SYSTEM REPAIRS.

 

07162019A006             AGREEMENT BETWEEN NUMEROUS STAKEHOLDERS REGARDING A JOINT STUDY OF THE BOXELDER CREEK WATERSHED DAMS.        

 

07162019A007             EASEMENT DEED WITH TERMS AND CONDITIONS.

 

07162019A008             COOPERATIVE FOREST ROAD AGREEMENT BETWEEN THE COUNTY OF LARIMER, COLORADO AND THE USDA, FOREST SERVICE, ARAPAHO AND ROOSEVELT NATIONAL FOREST AND PAWNEE NATINAL GRASSLAND.

 

07162019A009             SIGNAL BEHAVIORAL HEALTH NETWORK PARTICIPATION AGREEMENT.

 

07162019D002            DEED OF DEDICATION: LLOYD LEFLET & JANICE S INMAN

 

07162019R003            RESOLUTION REGARDING EXTENSION OF APPROVAL

 

07162019R004            RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS EFFECTIVE JULY 1, 2019.

 

MISCELLANEOUS:  Recommended Re-appointment to the Community Corrections Advisory Board; Recommended Appointment to the Community Corrections Advisory Board; Recommended Mid-Term Appointment to the Carriage Hills GID Advisory Board; Department of Human Services Payments for May 2019; Treasurer’s Six-Month Report; Request for Approval to Enter Upon Lands, Water Supply and Storage Company; Request for Approval to Enter Upon Lands, Paul Deen; Request for Approval to Enter Upon Lands, Ki Shih; Request for Approval to Enter Upon Lands, Northern Colorado Water Conservancy District; Public Trustee 1ST Quarter Report 2019.  

 

LIQUOR LICENSES: The Following Liquor licenses were approved: Hog Wild Barbeque – Fort Collins – Beer and Wine; Supermarket Liquors Inc – Fort Collins – Retail Liquor Store; Athletes in Tandem Inc – Fort Collins– 6% – Special Event; The Vegetable Connection – Fort Collins – 6% – Special Event; Orville’s – Livermore – Hotel and Restaurant.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the consent agenda as published

 

Motion carried 3-0

 

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

 

6 .         JARENE L. PITTINGTON CONSERVATION EASEMENT:

 

The Open Lands Advisory Board recommends that the Board of County Commissioners accept the donation of a 162-acre conservation easement from Jarene L. Pittington. The value of the conservation easement as determined by an appraisal is $320,000.

 

The 162-acre Pittington Ranch is located in the Blue Mountain Conservation Priority area and adjacent to existing conserved lands including Flatiron Reservoir, Chimney Hollow and a RLUC conservation easement held by Colorado Open Lands. The broader conserved landscape includes the Blue Mountain Bison CE, Pinewood Reservoir, Ramsay-Shockey Open Space and beyond into USFS lands. The Pittington Ranch provides a buffer to these over 8,000 acres of privately conserved lands (not county USFS acres) in the Blue Mountain Conservation Area. The Pittington Ranch is comprised of native foothills grasslands and shrublands as well as the riparian area of Cottonwood Creek and another unnamed tributary. The area supports native foothills wildlife including deer, elk, bear, mountain lion, birds, amphibians, fish and insects.

 

Charlie Johnson and Daylan Figgs, Natural Resources, explained that the landowner is willing to donate the entire appraised value of a conservation easement to Larimer County and pursue State of Colorado tax credits for the value of the easement. There is one existing home-site and associated outbuildings and the property is currently used for cattle grazing. The owner has designated a building area of four acres encompassing the existing improvements and will retain the right to replace or enlarge those improvements within this building that area.

 

Mr. Johnson went on to explain that with a full donation, Larimer County will cover the cost of the transaction which is estimated to be $50,000. These cost s include the appraisal, surveying, a Phase Environmental assessment, closing costs, title insurance, and State of Colorado Tax credit certificate application and brokerage fees. These costs will be paid with Open Space sales tax dollars.

 

This conservation easement will conserve 162-acres of ranch land in the Blue Mountain Conservation priority area and protect the view-shed of visitors traveling to and from Flatiron Reservoir, Pinewood Reservoir, and Ramsey-Shockey Open Space.

 

 

MOTION

 

Commission Kefalas moved that the Board of County Commissioners approve the conservation easement and Statement of Authority for the closing of the Pittington Conservation Easement.

 

Motion carried 3-0

 

7.         JAIL IMPROVEMENT PROJECT:

 

The current jail was built in 1983 and has been expanded several times to keep up with population growth and the changing complexity of the criminal justice system. The present facility is deteriorating and overcrowded. Conditions of confinement do not meet modern standards and a major remodel is not possible when the jail is occupied.

 

The County’s capital improvement budget includes $75 million for jail modernization. The County plans to use Certificates of Participation (COPS) to fund the project. COPs are often used by communities throughout the nation and Colorado. The jail COPs will be paid off over a period of 15 years using routine growth from property tax.

 

Direct staff and advisors to proceed with developing a Certificate of Participation (COPS) financing program for the jail improvement project. In addition, approve a contract with Stifel, Nicolaus & Company to provide underwriter services in connection with the COPS. Stifel was selected to provide this service through the County’s competitive request for proposal process.

 

This proposal allows the County to develop a funding program to fulfill its responsibility to meet modern standards of confinement at the jail.

 

The Commissioners had earlier in the meeting listened to public comment as well as a overview from Sheriff Justin Smith on this issue.

 

Carol Block, Finance explained to the Board the two documents that are being considered for this project. She went over costs and explained in detail the COP (Certificate of Participation) and the

terms of the payment.

 

The Commissioners did have some questions for Ms. Block about the 15-year payback option as well as the use of COP’s.

 

The Commissions greatly appreciated everyone who came to speak and appreciated everyone’s input.

They did explain that they have had work sessions on this issue, and they are always open to the public. This item was discussed in October of 2018 for the 2019 Budget. The Commissioners did mention they are trying to be more proactive in coming up with ways to inform the public.

 

The Commissioners gave several examples of the use of COP’s.

 

The Commissioners have had several tours of the jail and agree that improvements are needed.

 

Ken Cooper, Director of Facilities addressed the Board to go over the plan and any other options available.

 

Mr. Cooper thanked Captain Palmer and his team who have done a great job. He spoke about growth and the need for the improvements.

 

Captain Palmer, Director of the jail, spoke about population growth and the challenges they face on a daily basis. He appreciated all the comments and went over how groups have to be separated and are at max capacity. He explained all of the complex issues that come from overseeing a jail. Including gender issues, separating youth from adults, housing, feeding, clothing, maintaining labor force, temporary bedding throughout day rooms, and a responsibility to help those dealing with addiction.

 

Gary Darling, Director of Criminal Justice Services explained the process when someone is brought into the jail. He went over the percentages of pre-trial inmates, homeless and post sentencing. He spoke about the “Dormitory setting” in some of the rooms with multiple beds. He also spoke about CPAT (Colorado pretrial assessment tool).

 

There was some discussion among the Board.

 

The Commissioners thanked everyone for their commitment, compassion and humanity. They spoke about their responsibilities to victims, citizens, those incarcerated and the jail staff. Overcrowding puts people at risk and stress. They spoke about having to move inmates to other counties and this is not a good solution. There are currently 4000 people in alternative sentencing, work release, community service. They spoke about the wellness court and community corrections.

 

The Commissioners talked about the need for a safe, efficiently run facility and the reasons it failed on the ballot in the past.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve the resolution to proceed with the structuring and development of a financing program involving a lease purchase for the Larimer County Jail Improvement Project

 

Motion carried 2-0

 

Commissioner Johnson further moved that the Board of County Commissioners approve the contract with Stifel, Nicolaus & Company, Inc. for underwriter services.

 

The Board took a 10-minute recess.

 

The Board returned to session.

 

 

8.         2018 COMPREHENSIVE ANNUAL FINANCIAL REPORT:

 

Review of auditor’s results and acceptance of the 2018 Comprehensive Annual Financial Report.

 

County staff has prepared the 2018 Comprehensive Annual Financial Report (CAFR). Rubin Brown, a firm of independent public accountants, audited the financial statements as required by state statutes. Rubin Brown issued an unmodified (clean) audit opinion. Chery Wallace, of Rubin Brown, will attend the meeting to review the audit results with the Board and address questions. The Board acts as the County's audit committee.

 

Review of auditor's results and acceptance of the 2018 Comprehensive Annual Financial Report.

 

County staff has prepared the 2018 Comprehensive Annual Financial Report (CAFR). Rubin Brown, a firm of independent public accountants, audited the financial statements as required by state statutes. Rubin Brown issued an unmodified (clean) audit opinion. Chery Wallace, of Rubin Brown, will attend the meeting to review the audit results with the Board and address questions. The Board acts as the County's audit committee.

 

The CAFR was prepared and audited in accordance with accounting standards. Audited financial statements are required by state statute, debt agreements and grantor agencies.

 

Cheryl Wallace, Auditor, went over the Annual Financial Report with the Board.

 

Ms. Wallace went over the auditor’s responsibilities, identifying significant estimates in financial statements, single audit testing, substantive analytic procedures, perform risk management and perform walkthroughs and test the County’s key controls where deemed applicable.

 

Ms. Wallace went over the planned scope and timing of the audit, judgments and accounting estimates, financial statement disclosures, Office of the State Auditor ratios including debt burden, tax revenue per capita, operating margin and cash to liabilities.

 

The Commissioner thanked Ms. Wallace for being here and thanked the tremendous work of the finance team and mentioned that they have won the Excellence in Financial Reporting award 35 years in a row.

 

MOTION

 

Commissioner Kefalas moved to approve the 2018 Comprehensive Annual Financial Report

 

Motion carried 3-0

 

 

9.         AMENDMENT TO 2016 MEMORANDUM OF UNDERSTANDING FOR NORTHERN INTEGRATED SUPPLY PROJECT

 

This is an objective to Sign Letter of Amendment to 2016 Memorandum of Understanding for Northern Integrated Supply Project to update the schedule and process.

 

The letter updates a process whereby Northern Water and the County will work together on an Intergovernmental Agreement in satisfaction of the 1041 permitting requirements in the Larimer County Land Use Code. The letter identifies milestones and time frames for discussions and public process through 2020.

 

This request is to continue joint efforts and a process toward an Intergovernmental Agreement between Northern Water and Larimer County in accordance with the terms and purposes of the MOU, as indicated in the Letter of Amendment to August 30, 2016 Memorandum of Understanding for Northern Integrated Supply Project.

 

Lesli Ellis and Rob Helmick; Planning Department gave a brief overview of the Amendment and explained the project outcome will be mutually agreeable.

 

There was some discussion on the IGA between the Board and staff.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve the letter of Amendment to the August 30, 2016 Memorandum of Understanding for the Northern Integrated Supply Project.

 

Motion carried 3-0

 

10.        APPOINTMENT OF FRONT RANGE DISTRICT REPRESENTATIVE TO THE CHILD WELFARE ALLOCATION COMMITTEE

 

The Commissioner spoke about the two nominees, Emma Pintner and Laura Thomas. They mentioned the process and counties involves. They went over attributes for both nominees. Commissioner Johnson reached out to both nominees with a questionnaire.

 

Commissioner Kefalas stated that he will be nominating Commissioner Emma Pinter.

 

Commissioner Johnson stated he will also be nominating Commissioner Emma Pinter

 

Chair Donnelly stated he will be nominating Commissioner Laura Thomas.

 

MOTION

 

Commissioner Kefalas moved to approve Adams County Commissioner Emma Pintner as the selection of Larimer County to be considered as the Front Range District Representative to the Child Welfare Allocation Committee.

 

Motion carried 2-1 Chair Donnelly dissenting.

 

 

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

 

Commissioner Johnson returned at 10:10 a.m.

 

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

 

13         Executive Session:  Commission Johnson moved that the Board enter into Executive Session to Discuss Real Estate, pursuant to C.R. S. 24-6-402(4)(a).

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 1:00 p.m.

 

 

 

LARIMER COUNTY BOAD OF COUNTY COMMISSIONERS AND PLANNING COMMISSION MEETING

 

The Larimer County Board of Commissioners met at 6:30 p.m. with Jeff Jenson, Chair of Planning. Chair Donnelly presided and Commissioner Kefalas was present. Commissioner Johnson was excused. Also present were: Lesli Ellis, Community Development Director, Matt Laffferty, Principle Planner; Jeremy Call, Consultant; Commissioner Choate; Commissioner Shaun Doherty; Commissioner Ann Johnson; Commissioner Curtis Miller; Commissioner Courtney Stasiewicz, Commissioner Wendy True, Commissioner Nancy Wallace; Denise Ruybal, Planning; Lea Schneider, Health Department; Frank Haug, County Attorney and Deirdre O'Neill, Deputy Clerk.

 

Chair Donnelly explained the flow of the meeting and explained that the Comprehensive Plan is the authority and oversite of the planning commission.

 

Chair Donnelly invited Matt Laffferty, Principle Planner to present the plan to the Board.

 

Matt Lafferty gave a presentation on the Comprehensive Plan. He explained the plan improves land resiliency and planning for the increased social, economic and environmental needs of current and future generations.

 

Mr. Lafferty explained the range framework for decision making and the focus on regional opportunities, challenges, and unique character of the unincorporated areas of Larimer County.

 

Mr. Laffferty explained that the plan provides guidance for future land development, public services, and environmental protection.

 

Mr. Lafferty went over the six frameworks of the plan; Community, Health & Social, Economy, Watersheds/Natural Resources, Housing, and Infrastructure.

 

Mr. Lafferty explained to the Board the some of the events that have taken place for community input: Thirteen community events, Ten open houses, Forty-Six personal interviews, Thirty meetings and workshops, Twenty-One touchpoints with BOCC and Planning, multiple on-line activities including over 51,000-page views.

 

Mr. Lafferty went over growth projections and well as estimated increase in the number of residents by 2050.

 

Mr. Lafferty went over the vison and direction for the plan including: Inclusive opportunities, Community connectivity, Health guides and decision making, Environmental Stewardship, Rural heritage, People are out strength, Regional convener, more resilient future, Economic sustainability, and Infrastructure management.

 

Mr. Lafferty explained policy framework - countywide direction through principals and policies. He also went over Strategic Implementation – the process to implement the policy direction in the development review and decision-making processes.

 

Mr. Lafferty talked about key topics and Planning and Board of County Commissioner recommendations. He went specific timelines and wanted to Acknowledge the late Commissioner Gaiter and Drew Davis who were passionate about this project and greatly contributed to it.

 

There was some discussion between the Board and Mr. Lafferty and Mr. Call and Commissioner Jensen.

 

Chair Donnelly opened to meeting to public comment.

 

Ben Pfeffer from Raising Roots Farm addressed the Board and Staff members about his concerns, and he wanted to show his appreciation for the planning staff.

 

There were some questions between the Board, Staff and Mr. Pfeffer.

 

Chair Donnelly closed public comment.

 

Chair Donnelly and Commissioner Kefalas extended their gratitude to the planning department especially Matt Lafferty, Lesli Elis and Consultant Jeremy Call for their hard work, tremendous amount of community outreach and great service to the citizens of Larimer County and they let the staff know that they are in support of this plan.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners recommend to the Planning Commission approval of the Comprehensive Plan File #19-Code0242 as proposed.

 

Motion carried 2-0

 

The Meeting adjourned at 7:45 p.m.

 

 

           

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk