MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, MARCH 2, 2020

           

Land use Meeting

 

The Board of County Commissioners met at 3:00 p.m., with Don Threewitt, Planning Manager. Chair Pro-Tem Kefalas presided. Commissioner Donnelly was present. Commissioner Johnson was excused. Also present were Leslie Ellis, Community Development Director; Kathy Eastley and Rob Helmick, Community Development; Frank Haug, County Attorney’s Office: Katie Gray, Engineering; Jeannine Haag, County Attorney; and Deirdre O'Neill, Deputy Clerk.

 

Chair Pro-Tem Kefalas opened the hearing with the Pledge of Allegiance. 

 

1.          EAST OWASSA SUBDIVISION, LOT 49B AMENDED PLAT, BOUNDARY LINE ADJUSTMENT, AND APPEAL OF SECTION 8.14.1.H LOT RATIO, FILE #19-LAND3958: The applicant proposes an amended plat and boundary line adjustment to combine the .89-acre lot 49B of the East Owasso Subdivision and 1-acre consisting of an unplatted portion of the southwest ¼ of section 27, township 10 north, range 73 west to create a 1.89-acre parcel.

 

The applicant has not requested vacation of any existing easements which include a 20-foot access right of way and a 20-foot utility easement.

 

The resultant lots does not meet the required depth-to-width ratio of 3:1 so an appeal is requested to that standard.

 

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 ration 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 municipality 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.

 

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 Larimer County Land Use Code (section 5.5.3) allows for the approval of a boundary line adjustment if the following review criteria are met:

 

            A.        The lots are legal lots as defined in the definition section.

 

            B.         No additional lots will be created by the boundary line adjustment.

 

C.         The lots are not in a subdivision, planned unit development, minor residential development, or exemption approved under previous subdivision regulations or in a minor land division, subdivision conservation development or planned land division.

 

D.        The resultant lots will meet the required minimum lot size and lot width to depth ratio standards of the applicable zoning district.

 

The Larimer County Land Use Code (section 22.2.3) outlines the review criteria for appeals to deviate from minimum standards, as stated below:

 

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

 

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

 

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

 

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

 

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

 

All outstanding issues identified during the review appear to have been adequately addressed, therefore staff supports the proposed amended plat and dedication of right-of-way for Ramona drive.

 

The Development Services Team recommends approval of the amended plat for East Owassa subdivision, lot 49B, and an unplatted portion of the SW ¼ of section 27, township 10 north, range 73 west, and appeal of section 8.14.1.H. File Number 1-LAND3958, 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 by September 3, 2020 or this approval shall be null and void.

 

2.         CAMPBELL RIGHT-OF-WAY VACATION, FILE #20-LAND3960: This is a request to vacate approximately 60-feet by 518-feet right-of-way platted on tract 2 of the Campbell Exemption.

 

Mr. Reinke, the applicant, is the owner of tract 1 of the Campbell Exemption and gains access to his lot by a 60-foot wide right-of-way at the west end of Cottonwood Lane. The request is to vacate the existing right-of-way located on tract 2 of the Campbell Exemption and replace it with a private access and utility easement. The request to vacate the right-of -way would allow Mr. Reinke to fence his lot. The right-of-way does not provide access to any other properties and terminates on the Reinke parcel.

 

The Larimer County Land Use Code (section 5.9.3) allows for approval of a right-of-way or easement vacation if the following criteria are met:

 

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

 

            B.         The recommendations of referral agencies have been considered.

 

            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 the right-of-way was originally taken from one                          parcel. In that case, the right-of-way will be returned to that parcel. Property owners                          on each side of the right-of-way may agree to divide the vacated right-of-way                                          differently but must sign deeds to transfer ownership after the county commissioners                 approve the vacation.

 

The Development Services Team recommends approval of the requested vacation of the southernmost 140-feet of Sauk Road with the following conditions of approval:

 

            1.         All conditions of approval shall be met, and the final resolution recorded by September                     2, 2020 or this approval shall be null and void.

 

            2.         Prior to the Board of County Commissioners signature on the Findings and Resolution                     for vacation of the proposed right-of-way, an access and utility easement shall be                               completed and provided to staff for recording concurrent with the Findings and                                Resolution.

                       

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioner approve the consent agenda items for Monday, March 2, 2020 and further authorize the Chairman to sign the Findings and Resolutions for March 2, 2020.

 

motion carried 2-0

 

With there no further business, the Board adjourned at 3:05 pm.

 

 

TUESDAY, MARCH 3, 2020

 

ADMINISTRATIVE MATTERS MEETING

 

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

 

Chair Pro-Tem Kefalas opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: The following members of the public addressed the Board: Deb Bjork and Betsy Lynch spoke to the Board on the Gas and Oil regulations.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 24, 2020.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of February 24, 2020.

 

motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 9, 2020:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:

 

03032020A001            LARIMER COUNTY JUSTICE SERVICES DIVISION CONTRACT #2020.001 FOR SERVICES WITH SUMMITSTONE HEALTH PARTNERS.

 

03032020A002             PROFESSIONAL SERVICES AGREEMENT (P19-18) BY AND BETWEEN LARIMER COUNTY AND SUMMITSTONE HEALTH PARNERS.

 

003032020A003                      CONSTRUCTION SERVICES AGREEMENT -ENGINEERING, BID NO B20-317-CR17 (TAFT AVENUE) WIDENING PROJECT (FEDERAL AID PROJECT NO. TAP CO 60-082, 20626) BY AND BETWEEN LARIMER COUNTY ENGINEERING AND COULSON EXCAVATING COMPANTY, INC.

 

MISCELLANEOUS:  Stipulation as to Tax Year 2019 Value for Walnut Street LLC, R1660842; Stipulation as to Tax Year 2019 Value for Bear Creek Development Corporation, R1591147; Stipulation as to Tax Year 2019 Value for Cynthia (Robertson) Surface, R0120910; Stipulation as to Tax Year 2019 Value for 3760 E. 15th LLC, R1634627 and R1634626; Stipulation as to Tax Year 2019 Value for Robin and Hossein Monajjem, R0008087; Stipulation as to Tax Year 2019 Value for Foxtrail 4C LLC, R1645739; Stipulation as to Tax Year 2019 Value for Foxtrail 4C LLC, R1645737; Stipulation as to Tax Year 2019 Value for FDC Office II LLC, R1590761; Stipulation as to Tax Year 2019 Value for FDC Office II LLC, R 1590763; Stipulation as to Tax Year 2019 Value for Canvas Credit Union, R1251724 and R1307843; Stipulation as to Tax Year 2019 Value for Adams Bank & Trust, R1651539; Request for a Third Full-Time, Regular Electrical Inspector Position (3 Total FTE) in the Building Division; Letter of Support for FY 20-21 Colorado Opportunity Scholarship Initiative (COSI) County Allocation.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for March 3, 2020.

 

motion carried 2-0

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: Commissioner Donnelly invited Jamie Grim, Colorado Department of Transportation’s local government liaison for the office of policy and government relations to introduce herself.

 

Ms. Grim wanted to introduce herself and let everyone know that her role is to work with Elected Officials with constituents in Larimer County and that if anyone has any questions that relate to CDOT to please feel free to contact her and she will help track down an answer.

 

6 .         ACKNOWLEDGEMENT OF 2019 Food Drive Campaign Efforts: Each year Larimer County employees compete against the City of Fort Collins employees to gather resources that will benefit the Food Bank of Larimer County.

 

In 2019, Larimer County was once again victorious in the friendly competition due to the efforts of the food drive coordinators and many departments that contributed generously. Larimer County donated over $10,000 and 1800 lbs. of food. Total funds raised from employees of both entities will provide over 34,000 meals in our community.

 

The Spam award (given to the department that collects the most in total food and cash donations points) was awarded to the Community Development Department. The Beanee Weenee Award (given to the department that collects the most in total food and cash donations points divided by the number of full-time employees) was awarded to the Treasurer’s office.

 

Finally, the Assessor’s office has coordinated the Food Drive for the last 13 years. After several years as the coordinator, Teesa Vassar, will be handing off duties to another office. We want to thank Tessa and her staff for their dedication to these efforts.

 

Michelle Bird, Public Affairs Director, Irene Josey, Larimer County Treasurer, and Rob Overbeck, Larimer County Assessor, wanted to recognize the efforts of Larimer County employees for their generous donations and contributions.

 

Ms. Bird also wanted to thank Teesa Vassar for acting as coordinator for the past several years. Ms. Vassar’s diligence in this position is greatly appreciated.

 

Irene Josey, Treasurer, and Rob Overbeck, Assessor, wanted to thank their staffs for all their hard work on the soup kitchen and explain that they were able to raise an additional $800 for the food drive.

 

The Commissioners wanted to thank Larimer County employees for their efforts, express how proud they are of them, and commented that this success is a tangible sign of the efforts to give back to the community.

 

Chair pro-Tem Kefalas mentioned what a great example of teamwork this is and that everyone goes above and beyond and spoke about the importance of the Food Bank in our community.

 

The Board took a brief recess for a photo.

 

The Board returned to session.

 

7.         GARY A. DARLING BEHAVIORAL HEALTH SERVICES GRANT : In recognition of his dedication and significant career contributions, the Behavioral Health Policy Council has voted to support an annual Gary A. Darling grant, to be distributed to a qualified applicant, at the intersection of Behavioral Health and Criminal Justice Service programming. This will be awarded as a $50,000 grant in 2020.

 

This dedicated grant funding will come out of already-allocated grant funds through the Behavioral Health Services distributed services fund of $2.5 million for 2020.

 

Commissioner Kefalas reported that part of Goal 2 of the Strategic Plan is to is to provide affordable housing options for the citizens of Larimer County.  To meet this goal, the County is looking to restore its role as a housing authority.  Commissioner Kefalas noted this will especially help to fill some of the gaps in the unincorporated areas in Larimer County regarding the lack of affordable housing.

 

The Board of County Commissioners presented the plaque to Gary A. Darling as a thank you for his career in Criminal Justice services and to acknowledge the grant being created in his name.

 

Laurie Stolen, Behavioral Health Services Director; Rachel Iverson, Department Specialist, Behavioral Health; and Nick Christensen, At Large appointee for Behavioral Health introduced themselves and Ms. Stolen addressed the Board. She wanted to recognize Mr. Darling for his career and dedication in the intersection of behavioral health and criminal justice. Ms. Stolen unveiled the plaque that recognizes Mr. Darling for his significant accomplishments in criminal justice.

 

Gary A. Darling spoke about his long career and thanked everyone for their dedication and support.

 

Commissioner Donnelly wanted to thank Mr. Darling for the impact and improvements he has made on behalf of Larimer County in criminal justice and public safety.

 

Linda Hoffmann, County Manager wanted to thank him for his leadership and vision.

 

Chair Pro-Tem Kefalas spoke about the amazing accomplishments of Mr. Darling and congratulated him on being a real visionary and for his outside-of -the -box thinking.

 

The Board took a brief recess for a photo.

 

The Board returned to session.

 

8.         UPDATE ON PRESIDENTIAL PRIMARY: Angela Myers, Larimer County Clerk and Recorder, presented the Board of County Commissioners with an update on the Presidential Primary.

 

Clerk Myers explained that we now have a drive through ballot box located across the street on Howes Street that will be open until 7 p.m. today. Voting Service and Polling Centers are open and there are two new ones set up this year - one at Colorado State University and the other at Front Range Community College. Also new this year is the fact that those voters who are now 17 years of age who will be 18 years of age by election day (November 2020) were mailed ballots. Clerk Myers reminded everyone to sign their ballots. Clerk Myers also mentioned that several democratic candidates have officially withdrawn.

 

Clerk Myers wanted to remind the public that everything can be found on VoteLarimer.org and to encourage the public to become election judges.

 

Clerk Myers mentioned that unaffiliated voters make up the largest block of voters in Larimer County.

 

Commissioner Donnelly wanted to thank Clerk Myers for all her hard work and the work of her team and how lucky we are to have Clerk Myers.

 

Clerk Myers wanted to thank the elections staff and all the volunteers for their efforts and mentioned that vehicle licensing in Fort Collins and Loveland are closed today but Estes Park is open.

 

Chair Pro-Tem Kefalas mentioned that this is an historic moment as this is the 100th anniversary of the right to vote for women.

 

9.         COUNTY MANAGER WORKSESSION:  Linda, Hoffmann, County Manager introduced Kathy Harris, Human Resources. County Manager Hoffmann explained that Larimer County several years ago started a program to wherein instead of providing a payout to separated employees, the unused sick leave is now put into a health care spending account. The way that this program works is that a fee is charged per account. Ms. Harris noticed that d 48 accounts with low balances that had no activity for at least 6 months, and she worked with the vendor provided notification to the separated employees and we were able to get them closed. Manager Hoffmann wanted to express that Ms. Harris is a great example of how county employees are always looking out for the best interest of our taxpayers.

 

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

 

11.        LEGAL MATTERS:  Executive Session pursuant to C.R.S. 24-6-402(4)(b): Discussion of response to inclusion in case 2018CV30402 Simon Contractors and Cactus Hill Ranch Company v. Water Supply and Storage Company .

 

Executive Session pursuant to C.R.S.24-6-402(4)(b): Discussion of the extent of the referral process as outlines in the County’s 1041 process.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioner enter Executive Session 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 for discussion of response to inclusion in case 2018CV30402, Simon Contractors and Cactus Hill Ranch Company v. Water Supply and Storage Company and further move that the Board of County Commissioners enter into Executive decision pursuant to C.R.S. 24-6-402(4)(b) for discussion of the extent of the referral process as outlined in the County’s 1041 process.

 

motion carried 2-0

 

MOTION

 

Commissioner Donnelly moved to authorize the county attorney’s office to enter an appearance in case 2018CV30402 and to request a two-week extension to respond to the complaint in order to further investigate the nature of the county’s interest in the matter.

 

motion carried 2-0

 

With no further business to discuss the Board adjourned at 10:40 a.m.

 

 

 

           

____________________________________

STEVE JOHNSON

BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk