MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, OCTOBER 28, 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: Chad Gray and Amy White, Code Compliance; Karin Madson, Code Compliance Supervisor; Lesli Ellis, Community Development Director; Tracy Hicks and Michael Whitley, Community Development; Katie Gray and Devin Traff, Engineering; Lea Schneider, Health Department; Frank Haug, County Attorney’s Office; 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.

 

Rob Helmick, Principle Planner, explained that we do need to continue item #2, Amended Plat of Daelin PLD, Lots 1 and 2, and Amendment to the Development Agreement, due to an issue of notice. It will be re-noticed and continued to November 18, 2019.

 

1.          TUCKER SECOND AMENDED SPECIAL REVIEW, FILE #19-ZONE2487: Tucker Second Amended Special Review is an amendment to the Tucker Amended Special Review to allow an existing 5,000 square foot heavy equipment, farm equipment, truck and auto repair shop on the property to be used as a commercial vehicle repair facility open to the public.

 

This item was on the consent agenda for the August 21, 2019, Planning Commission public hearing at 6:30 pm.

 

The subject property is a 21.19-acre parcel at 11000 NE Frontage Road, Wellington which is located on the east side of I-25 approximately 1/2 mile south of the intersection of I-25 and County Road 70. The property is zoned O – Open.

 

In 1975 the Board of County Commissioners approved the Tucker Special Review to allow a Wrecking Yard, Heavy Equipment Storage & Repair Facility and Lumber Yard on the property (Case file 7-75).

In 2015 the Board of County Commissioners approved an Amended Special Review to allow for the conversion of an existing residential accessory building to a commercial cold storage building. The Amended Special Review allowed three additional cold storage buildings to be constructed (Case File #14-Z1943).

 

This request is a second Amended Special Review to allow an existing 5,000 square foot heavy equipment, farm equipment, truck and auto repair shop on the property to be used as a commercial vehicle repair facility open to the public.

 

The request includes appeals to Sections 8.1.4.G and 8.6.3.C of the Land Use Code regarding fire protection and paving.

 

The Development Services Team finds:

 

A.         The proposed use would be compatible with existing and allowed uses in the             surrounding area and would be in harmony with the neighborhood.

 

B.         The proposed use is consistent with the County Master Plan.

 

C.         The applicant has demonstrated that this project can and will comply with all                         applicable requirements of the Land Use Code.

 

D.        The proposed use will not result in a substantial adverse impact on other property in             the vicinity.

 

E.         The recommendations of referral agencies have been considered.

 

F.         There are no specific standards found in Section 4.3 Use Descriptions that apply to               the Special Review.

 

For the Appeals:

 

The Development Services Team finds:

 

A.         Approval of the appeals will not subvert the purpose of the standard or requirement.

 

B.         Approval of the appeals will not be detrimental to the public health, safety or property             values in the neighborhood.

 

C.         Approval of the appeals is the minimum action necessary.

 

D.        Approval of the appeals will not result in increased costs to the general public.

 

E.        Approval of the appeals is consistent with the intent and purpose of the Code.

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Tucker Second Amended Special Review, File #19-ZONE2487, subject to the conditions listed below. Also, recommend to the Board of County Commissioners approval of the appeals to Sections 8.1.4.G and 8.6.3.C of the Land Use Code, File #19-ZONE2487.

 

1.         The Site shall be developed consistent with the approved plan and with the information contained in the Tucker Second Amended Special Review, File #19-ZONE2487 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 Tucker Second Amended Special Review.

 

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

 

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

 

4.         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 Review, 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 Review approval should not be revoked, and/or bring a court action for            enforcement of the terms of the Special Review.  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 Review approval, applicant agrees to pay all expenses incurred by County          including, but not limited to, reasonable attorney’s fees.

 

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

 

6.         The Findings and Resolution shall be a servitude running with the Property.  Those   owners of the Property or any portion of the 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 Review approval.

 

2.         AMENDED PLAT OF DAELIN PLD LOTS 1 AND 2 AND AMENDMENT TO THE DEVELOPMENT AGREEMENT, FILE #18-LAND3855: This is a request to amend the lot lines between Lot 1 and Lot 2 of the Daelin PLD, revise the Building Envelope on Lot 2 and amend the Development Agreement to change the front setback from 125-feet to 105-feet from the centerline of County Road 11C.

 

This is an amended plat proposal to reconfigure the common lot line between Lots 1 and 2 of the Daelin Planned Land Division as well as amend the platted building envelope on Lot 2 in order to accommodate a new garage.  This request also includes an amendment to the Development Agreement for the Daelin PLD/PD to change the front setback requirement of 125’ from the centerline of County Road 11C to 105 feet from the centerline of County Road 11C to account for an existing encroachment into the setback for the existing home on Lot 2.

 

REVIEW CRITERIA

 

There are no specific review criteria for Development Agreement amendments.

 

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 with this request.

 

            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.

 

These lots are zoned PD Planned Development.  This zoning district has different minimum lot size requirements depending on what was approved with the rezoning.  According to the Daelin PD, Findings and Resolution, the minimum lot size for this Planned Land Division is 2.3 acres.  The proposed lot sizes with this Amended Plat are 2.308 acres and 2.62 acres.  Therefore, the resultant lots will meet the minimum lot size.

 

            C.         The amended plat will not create a nonconforming setback for any existing building.

 

The lot line adjustment will be moving the lot line closer to the buildings on the north lot, but will not create a nonconforming setback, as the side setback of 5 feet will still be met, and the buildings will be located within the building envelopes.

 

            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 lots will not be divided by a municipal or county boundary line, road, alley or another lot.

 

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

 

The Engineering Department commented stating that there cannot be any additional access points created as a result of the new garage.  As long as the owner uses the existing access, this criterion has been met.  This has been made a condition of approval.  In addition, drainage, utility easements and rights-of-way will not be adversely affected.

 

            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 existing covenants, deed restrictions and other conditions of approval which applied to the original lots will continue to apply to the new lots.

 

The proposed amended plat for Lots 1 and 2 of the Daelin PLD and the amended Development Agreement will not adversely affect any neighboring properties or any County agency.  The reconfiguration will not result in any additional lots and will allow for the owner to build a new garage without encroaching into property lines or setbacks.  The proposal is supported by the Development Services Team as staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends Approval of the amended plat to amend the lot lines between Lot 1 and Lot 2 of the Daelin PLD, to change the Building Envelope on Lot 2, and to amend the Development Agreement to change the front setback from County Road 11C, File # 18-LAND3855, subject to the following condition(s) and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

            1.         All conditions of approval shall be met, and the Final Plat recorded by April 28, 2019                        or this approval shall be null and void.

 

            2.         No new access points will be allowed off County Road 11C.

 

            3.         An Amendment to the Daelin PLD Development Agreement will need to be signed                          by all the lot owners of the development as well as the Board of County                                             Commissioners.

 

            4.         The applicant will need to submit Ownership and Encumbrances for all the lot owners                      to ensure we have the correct property owner’s approval and signatures on the final                          Amendment to the Development Agreement C.

 

MOTION

 

Commissioner Moved to approve Consent Agenda item Number One, Tucker Second Amended Special Review and that the Chair has permission to sign the Findings and Resolution.

 

Motion carried 3-0

 

PUBLIC HEARING DISCUSSION ITEMS:

 

3.         RIVERVIEW RV PARK SPECIAL REVIEW, FILE #18-ZONE2324: Consideration of a revocation of a RV Park, Previous approval for part existing non-conforming and part existing without County approval. This request is to review and approve the existing park of 159 spaces and adding up to 10-12 spaces and an appeal to section 8.6.3.C Larimer County Land Use Code – internal roadway paving.

 

The Development Services Team is requesting the Board of County Commissioners consider revocation of the approval of a Special Review for an existing Recreational Vehicle Park.  The park has existed in some form since the late 1970s although the size and configuration approved is unclear.  In 1993, an application to expand the park and rezone it to allow the park, occurred even though the zoning at that time did not allow a RV park.  Since that time the zoning has been changed and it now does allow a RV park.  There are 159 sites at the park now; these are a variety of types –back in, pull thru, and tent sites.  Prior to the 2013 flood there were 176 sites.  The reduction is a result of recovery and renovation.

 

The Planning director made a determination in 2017 that the site plan represented in 1993 constituted the existing level of non-conformity.  The additional spaces at the park which have been added since 1993 were never approved.  The staff became aware of the issues with the park due to a couple of structures which were affected by the 2013 flood that had apparently been repaired and needed permit or resolution of the yellow tags placed on them after the flood.  Additionally, the applicant needs to improve/repair the onsite sewage disposal system(s).  These issues brought the zoning issues to light and needed zoning resolution before moving forward with permitting.

 

The Board of County Commissioners took action to approve the proposal with conditions at a public hearing on the request on August 13, 2018 and signed the Findings and Resolution on September 11, 2018.

 

The following conditions of approval are contained in the September 11, 2018 Findings and Resolution:

 

            1.         This Special Review 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 Riverview RV Park Special Review file # 18-ZONE2324                      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 Riverview RV Park Special Review file.

 

            3.         Failure to comply with any conditions of the Special Review 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 Review, 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 Review approval should not be revoked, and/or bring a court action for                                 enforcement of the terms of the Special Review.  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 Review approval, applicant agrees to pay all expenses incurred by County     

 

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

 

            7.         The Findings and Resolution shall be a servitude running with the Property.  Those                           owners of the Property or any portion of the 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 Review approval.

 

            8.         No expansion of the number of site or relocation of site can occur until the applicant                        has obtained and permitted the installation of the new wastewater treatment system.

 

            9.         The applicant shall provide an agreement with Sylvandale Ranch for emergency access                      no later than 90 days after the Board of County Commissioners action on this request.

 

            10.       The applicant shall develop and provide for review an emergency /evacuation plan for                      the park. This plan shall be provided no later than 90 days after the Board of County                                     Commissioners action on this request and shall be reviewed and approved by the                              LFRA and County staff.

 

            11.       The applicant shall provide a weight limit for the bridge at Hwy 34 and the site shall                          then be signed.

 

            12.       A Floodplain Development Permit will be required for work within the floodplain.                            All floodplain regulations will apply.

 

            13.       A Development Construction permit will be required for site improvements.

 

            14.       Transportation Capitol Expansion Fees will need to be paid within 90 day after the                            Board of County Commissioners sign the finding and resolution.

 

The Development Services Team recommends the Board of County Commissioners revoke the approval of the Riverview RV Park Special Review, file #18-ZONE2324.

 

Rob Helmick, Planner, gave an overview of the project description and background of the Riverview RV Park Special Review.

 

Ms. White explained the timeline beginning in August of 2018 which was the Special Approval hearing up until October 2019, where the Building permits were received.

 

Mr. Helmick explained that Staff has been working with the owner toward compliance with the conditions of approval by the Board of County Commissioners in the Findings and Resolution dated September 11, 2018, and the 90-day deadline imposed in the Findings and Resolution.

 

Some progress has been made, but there are still several conditions of approval that remain to be completed.

 

Staff recommends this hearing to be continued until January 13, 2020 to give the owner additional time to complete all requirements, given the progress made.

 

Chair Donnelly asked Mr. Helmick about the conditions that need to be met.

 

Commissioner Johnson had questions on the traffic study.

 

Chair Donnelly invited the applicant to approach the Board.

 

Gregg Meisinger, President of CO Construction representing the applicant explained that the applicant has made significant progress in the last 60-days. They are on the cusp of obtaining all the necessary permits and the owner has elected to delete two out of the three cabins that were to be relocated. The septic system has been approved by the state.

 

Chair Donnelly opened the hearing for Public Comment.

 

No members of the public approached the Board.

 

Chair Donnelly closed public comment.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners continue the revocation hearing relating to the Riverview RV Park Special Review File # 18-ZONE 2324 until January 13, 2020 to give the applicant owner additional time to come into compliance.

 

Motion carried 3-0

 

4.         VICTORY CODE COMPLIANCE PUBLIC MEETING, FILE #17-CCC0202: The property owner is in violation of Section 0.1.1,4.1.1, and 4.3.2.B of the Larimer County Land Use Code by using the duplex dwelling for housing four individuals not part of the owner’s family and the outdoor storage household items, trash, junk, and debris. They are also in violation of section R105.1 of the International Residential Code for allowing individuals to occupy the storage sheds in the backyard which are located on HOA property.

 

This property is in the subdivision north east of the West Mulberry Street and South Overland Trail intersection.

 

Notice of this public meeting was mailed by certified and regular mail to the owner of the subject property as well as by regular mail to adjacent property owners.

 

In August of 2017, a complaint was received about people living in the two sheds in the back yard of the duplex on HOA property. Code Compliance Inspector Chad Gray stopped and explained the regulations to the owner, Mark Victory. The owner admitted to renting out the sheds as dwellings. The tenants moved out at the end of August and into the two-bedroom duplex with two other roommates.

 

The case was reopened in May of 2018 when another complaint was received about people living in the sheds again. The owner explained that he doesn’t allow people to hang out in the sheds between the hours of 10:30 pm and 2:30 am. The owner was told people are not allowed to occupy the sheds at any time. The furniture was removed again.

 

The owner admitted in May of 2018 that he was having a hard time keeping the tenants out of the sheds. To date, the owner admits the sheds are still being occupied throughout the day by two of the four roommates. Also, the back yard was being used for outdoor storage of household items and overflow from the dwelling and sheds.

 

The HOA had been notified of the violations occurring in the sheds and been told to contact the Sheriff’s Department for the claims of drug transactions occurring on the property. Also, the owner’s sister, Theresa Reid, has been notified. She claims to have power of attorney over Mark’s finances and is currently working on eviction paperwork.

 

To date, four unrelated people occupy the dwelling and sheds along with outdoor storage violations in the back yard.

 

STAFF FINDINGS:

 

            1.         The property is zoned FA-Farming.

 

            2.         In the FA-Farming zoning district, Outdoor Storage and Junk Yards are not listed as                                     allowed principal uses.

 

            3.         Outdoor storage is defined as: A principal use where goods such as recreational                                 vehicles, boats and other large items, are stored outside of a building.

 

            4.         Junkyard is defined as: A facility for the display, storage, collection, processing,                                 purchase, sale, salvage or disposal of used or scrap materials, equipment, junk                                   vehicles, appliances, or other   personal property whether of value or valueless.                                 "Junkyard" does not include the storage of implements of husbandry, farm                                        tractors, farm and ranch equipment, or vehicles customarily operated in a farm or                              ranch operation.

 

            5.         Dwelling Duplex is defined as a structure designed, arranged and intended to be                                occupied by two separate occupants or living units, containing a primary heat source                         and living facilities for sleeping, cooking, eating and sanitation.

 

            6.         Living Unit is defined as one family, plus up to two additional individuals whose place                      of residence is with the family in the dwelling unit.

 

            7.         Family is defined as an individual or group of people living together who are related                          by blood, marriage or adoption.

 

            8.         Section R105.1 of the International Residential Code states: Any owner or authorized                        agent who intends to construct, enlarge, alter, repair, move, demolish or change the                           occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove,                        convert or replace any electrical, gas, mechanical or plumbing system, the installation                        of which is regulated by this code, or to cause any such work to be done, shall first                                make application to the building official and obtain the required permit.

 

Staff recommends that the Board of County Commissioners set a deadline for the property to be brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline or falls out of compliance with the Land Use Code regulations.

 

Chad Gray, Code Compliance, gave an overview of the violations and timeline of site visits and phone calls.

 

Mr. Gray talked about the concerns of neighbors and explained the definition of junkyard and outdoor storage.

 

Commissioner Johnson asked Mr. Gray to describe the appliances and trash that is on the property.

 

Chair Donnelly invited the applicant to speak.

 

Theresa Reid, the owner’s sister, and Power of Attorney approached the Board. She did explain and admit that this is not a good situation and that the people living in the shed do not have a lease. Ms. Reid explained that her brother, Mark Victory has a mental disability and is being taken advantage of and cannot stand up for himself. They have had difficulty getting anyone to leave and is currently in the eviction process.

 

Ms. Reid explained that she does not know where else to turn and she will take any help she can get and will do what she can to facilitate an order.

 

Commissioner Kefalas asked Ms. Reid if she understood the recommendation to give her more time to comply and if she has the support to be able to do what is recommended.

 

Ms. Reid does understand the recommendations and explained that she believes that her brother is not taking this seriously.

 

Ms. Reid filed the Notice to Quit one year ago.

 

Commissioner Johnson asked how many people are living there at this time.

 

Mr. Gray explained that the owner lives there with four roommates.

 

Chair Donnelly opened the Hearing for Public Comment.

 

Kathy Bacon, President of the Homeowners Association approached the Board and explained that this has been going on for years and there are multiple vehicles and trash and believes this has become a place for transients. The neighbors are very concerned about drugs and safety in their neighborhood. She believes that people will continue to keep showing up and does not understand how he even fits two sheds in the backyard.

 

Chair Donnelly closed public comment.

 

They were some discussion among the Board about getting Mr. Victory some help from the Larimer County Office on Aging and there were some questions for Attorney Frank Haug about the Sheriffs help in the eviction process.

 

Mr. Haug explained the eviction process and the injunction process.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners set a deadline of 90-days for the property to be brought into compliance, and authorize Code Compliance and legal staff to initiate legal action if the property is not in compliance by the deadline or falls out of compliance within the Land Use Building Code Regulations in regard to having more than two unrelated individuals occupy the duplex, for storage of household items and trash outside, and for using the sheds for anything other than storage.

 

Motion carried 3-0

 

With there being no more land use items, the Board adjourned at 4:00 p.m.

 

TUESDAY, OCTOBER  29, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair- Donnelly presided, and 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: Ed Behan, Deb Bjork and Gayla Martinez.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF OCTOBER 21, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of October 21, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 4, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:

 

10292019A001             INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL MARKETING DISTRICT BY AND BETWEEN LARIMER COUNTY AND TOWN OF ESTES PARK.

 

10292019A002             PROFESSIONAL SERVICES AGREEMENT (P19-14) BY AND BETWEEN LARIMER COUNTY AND DELTA DENTAL OF COLORADO.

 

10292019A003             THIRD EXTENSION TO LEASE AGREEMENT BY AND BETWEEN LARIMER COUNTY RANCH FAIRGROUNDS AND EVENTS COMPLEX AND EAGLES HOCKEY TEAM.

 

10292019D001             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM HEATHER SIZEMORE AND MATTHEW FURLONG (OWNERS) TO LARIMER COUNTY.

 

10292019D002             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM SUE A. MORDHORST, TRUSTEE OF THE SUE A. MORDHORST TRUST, DATED APRIL 17, 1997 (OWNER) TO LARIMER COUNTY.

 

10292019D003             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM DONALD R. KELLY AND CATHY L. KELLY (OWNERS) TO LARIMER COUNTY.

 

10292019D004             DEED OF DEDICATION FOR RIGHT OF WAY PURPOSES FROM MARK A. STEPUTIS TO LARIMER COUNTY.

 

10292019P001             POLICY 331.8E - CORRECTIVE AND ADVERSE ACTIONS; GRIEVANCE PROCEDURE; AND PROBLEM-SOLVING PROCESS.

 

10292019P002             EMERGENCY DISASTER PROGRAM.

 

10292019P003             ENVIRONMENTAL RESPONSIBILITY POLICY.

 

10292019R001             APPROVE RENAMING LARIMER COUNTY ROAD 1 ALIGNMENT AS COLORADO BOULEVARD

 

MISCELLANEOUS: Department of Human Services Payments for September 2019; Stipulation as to Tax Year 2019 Value-JFK Office Park LLC; Stipulation as to Tax Year 2019 Value-Dacheng Zhou / Wenxin Yin; Stipulation as to Tax year 2019 Value- Seaser Revocable Living Trust;  Stipulation as to Tax Year 2019 Value-Steven A. Hoostal; Stipulation as to Tax Year 2019 Value- Panagoitis D & Vasiliki P Smyrnios; Stipulation as to Tax Year 2019 Value- Janet M and Paul Tanner; Stipulation as to Tax Year 2019 Value -Jerry D. Dauth (.50) / Daniel B. Dauth (.25) / Diana B. Gomez.

 

LIQUOR LICENSES: The Following Liquor licenses were approved/issued: Romantic Riversong Inn – Estes Park – 6%– Bed and Breakfast; Fort Collins Elk’s Lodge #804– Fort Collins – 6%– Special Event.

 

M O T I O N

 

Commissioner Johnson 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.         GREAT OUTDOORS COLORADO GRANT AGREEMENT FOR THE POUDRE RIVER REGIONAL TRAIL INITIATIVE PROJECT:

 

The Natural Resources Department was awarded a $2,010,000 Connect Initiative grant from Great Outdoors Colorado (GOCO) to fill three remaining trail gaps of the Poudre River Regional Trail from Fort Collins to Windsor. This grant was in partnership with the City of Fort Collins, Town of Timnath, and Town of Windsor. The county's portion of this this grant award is $431,500.

 

An opportunity for the BOCC and LCDNR staff to celebrate a significant funding milestone to toward the completion of the Poudre River Regional Trail.

 

This request is to have the Chair of the Board of County Commissioners sign the grant agreement between Larimer County and Great Outdoors Colorado for the Poudre River Regional Trail Initiative. And, to celebrate this significant grant with the Board of County Commissioners and Natural Resources staff at Admin Matters

 

The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or “Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state’s parks, wildlife, open space, and recreational resources.

 

In 1994, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants for local government parks and outdoor recreation projects. Grantee listed above (“Grantee”) submitted a detailed project application (“Project Application”) that contemplates the execution of the project entitled above and described in GOCO’s project summary (“Project Summary”), attached and incorporated as Exhibit A (“Project”). GOCO approved Grantee’s Project Application, which is incorporated into this Agreement by reference, on September 27, 2019, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application.

 

Daylan Figgs, Natural Resources Director, Meegan Flennikan, Land Conservation Program Manager, Zac Wiebe, Resource Specialist, Charlie Johnson, Senior Land Agent, Jenn Almstead, Fund Development and Special Projects Specialist, Susan Bassinger, City of Fort Collins Park Planning and Development, approached the Board.

 

Daylan Figgs and Meegan Flennikan spoke about the request for the Commissioners to sign the grant agreement and they explained the additional work needed on the trails. The anticipated completion will be approximately three years from now.

 

Susan Bassinger, City of Fort Collins wanted to express her gratitude working with Larimer County and their take charge on getting these projects funded.

 

The Commissioners expressed their appreciation for all their hard work and that this is an important day for the County.

 

Linda Hoffman, County Manager, thanked everyone for the collaborative efforts between the City of Fort Collins, Windsor, Timnath and Larimer County.

 

MOTION

 

Commissioner Kefalas moved that the Board approve the grant agreement with Great Outdoors Colorado for the Poudre River Regional Trail Initiative.

 

The Board took a brief recess for a photo.

 

The Board returned to session.

 

7 .         PROCLAIM OCTOBER 2019 DISABILITY EMPLOYMENT AWARENESS MONTH: The Following appeared before the Board to recognize October as Disability Awareness Month: Carrie Brown, ARC, David Ayraud, Senior County Attorney, Joyce Affel, Columbine Health Systems Lisa Wemper, Recruiter for Larimer County, Sammy Peterson, Economic and Workforce Development, and Luke Bainer, Easter Seals Colorado.

 

They spoke about inclusivity, job shadowing and offering internships to people with intellectual and developmental disabilities.

 

The Commissioners thanked everyone for the tremendous job they are doing, and that we are a good example of reducing unemployment rates and advocates for people who want to seeking employment should have the same opportunities as everyone else.

 

Commissioner Johnson read the proclamation explaining being employed is a critical piece of being a full participant in the community and employing individuals with disabilities has numerous benefits to employers, individuals, and our society as a whole. Larimer County is committed to building such an inclusive community and workforce, including encouraging employers to hire a diverse workforce that includes people with disabilities.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners proclaim October 2019 Disability Employment Awareness Month.

 

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:   Executive Session: Court decision in Roth v. Front Range Feedlots and County Commissioners 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.

 

No Decision Expected

 

MOTION: Commissioner Kefalas moved that the Board of County Commissioners enter Executive Session to discuss the Court decision in Roth v. Front Range Feedlots and County Commissioners 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 10:00 a.m.

 

                                                EXECUTIVE SESSION

 

The Board of County Commissioners met at 1:30 pm with Lorenda Voelker, Assistant County Manager. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were members of Staff.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners enter into Executive session to discuss the Northern Integrated Supply pursuant to C.R.S. 24-6-402(4)(e), Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.

 

Motion carried 3-0

 

 

 

 

 

 

 

 

 

 

                                                                        ____________________________________

                                                                                    TOM DONNELLY

                                                                        BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk