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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, JANUARY 6, 2003

LAND USE HEARING

(#125)

The Board of County Commissioners met at 3:00 p.m. for a Land Use Hearing; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Rob Helmick, Sarah Flick, and Matt Lafferty, Planning Department; Doug Ryan, Health Department; and Gael Cookman, Recording Clerk.

Chair Gibson asked for public comment on the Land Use Code, then seeing none, noted that item number 1 concerning the Starks Appeal has been withdrawn at the request of the applicant. Mr. Helmick informed the Board that the applicant for item number 2, concerning the Puebla Vista Estates Amended Plat, has requested that this item be tabled until February 10, 2003, at 3:00 p.m.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table item number 2, concerning Puebla Vista Estates Lots 19A and 20A Amended Plat / 02-S2043, to February 10, 2003, at 3:00 p.m.

Motion carried 3-0.

Chair Gibson stated that the remaining item numbers 3-6 were all on the Consent Agenda and would not be discussed unless requested by the Board, Staff, or members of the audience.

  1. BERTHOUD-DALE LOTS 23 AND THE WESTERLY 1/2 OF LOT 22 BLOCK 1 AMENDED PLAT / 02-S2044:
  2. This is a request to combine one and one-half lots, in order to create a building site for a single-family residence. The Berthoud Dale Subdivision, located in the Big Thompson Canyon at the edge of the Big Thompson River, was originally platted in 1921. This amended plat request is unusual because it proposes combining the entire Lot 23 with only 1/2 of Lot 22 to create a single, new lot, but the western 1/2 of Lot 22 is a legitimate, legal property; it was first deeded and sold as a stand-alone piece of property in 1948 (see attached deed). There is currently a cabin on Lot 22 but it was constructed in the 1930's, and will be torn down so that a new single-family residence can be constructed. A power line for Estes Park Light and Power Company extends in two directions across the property. EPL&P will require a certain clearance distance between the rooftop and the power line for any building that is constructed onsite, to create a safe, "walkable" roof (personal communication with Mike Mangelsun from EPL&P, 11/27/02). Qwest Communications requires any buried cables to be located before digging a foundation for a new building (personal communication with Galen Monson, Qwest Communications, 11/27/02). Both of these requirements will have to be fulfilled before a building permit is issued for the amended lot. Staff recommendation is for approval of the Amended Plat of Lot 23 and the westerly 1/2 of Lot 22, Block 1, Berthoud-Dale, #02-S2044, with the conditions as recommended by staff and authorize the chair to sign the plat when the conditions are met and the plat is presented for signature. 1. All conditions shall be met and the Final Plat recorded by July 6, 2003, or this approval shall be null and void. 2. The developer of the amended Lot 1 must present documentation from the Estes Park Light & Power Company stating that their requirements have been fulfilled before a building permit is issued. 3. The developer of the amended Lot 1 must present documentation from Qwest stating that their requirements have been fulfilled before a building permit is issued

  3. HORSETOOTH LAKE ESTATES LOTS 196 & 197 AMENDED PLAT / 02-S2053:

This is a request to amend the plat of Horsetooth Lake Estates Subdivision to vacate the common lot line between Lots 196 and 197, and replat it to assure a garage addition to be located on Lot 197 will meet applicable setbacks. The realigned lot line will cause no net gain or loss of square footage to either of these platted lots. Staff recommendation is for approval of File #02-S2053, the Amended Plat of Horsetooth Lake Estates Lots 196 and 197, subject to the following condition and authorization for the chair to sign the plat when the condition is met and the plat is presented for signature: The Final Plat shall be recorded by June 6, 2003 or this approval shall be null and void.

5. CLYDESDALE PARK PLANNED UNIT DEVELOPMENT LOT 1, 18 & 23 EASEMENT VACATION / 02-S2040:

This is a request to vacate a 2 foot portion of the 5 foot Utility and Drainage easements along the eastern boundaries of Lots 1, 18 and 23 of the Clydesdale Park PUD 1st Filing. The applicant proposes to vacate the utility and drainage easements located along the eastern property lines of Lots 1, 18 and 23 of the Clydesdale Park PUD 1st Filing. When the final plat for the 1st Filing was prepared and recorded it was determined that there might be the need for utility and drainage easements between the lots platted. However, what was not known was which lots would require such easements, so all the lots were platted with a 5 foot easement on each of the property lines. Since the recordation of the final plat the development has moved forward and construction of the improvements has been completed. Upon completion of the improvements it was discovered that the majority of easements along the side lot lines were not necessary as no utilities or drainage swales occupied the space. Additionally, it was discovered that the easements were restricting the placement of some of the structures. Therefore, the applicant has requested that the unnecessary easements be reduced in width. After review of the applicant's proposal, staff agrees with the proposal to vacate or reduce the easements as outlined in the attached letter from TST. This application was forwarded to the appropriate departments and agencies for comment. The responses from these groups reveal that there are no other issues of concern. Staff recommendation is for approval of the applicants request to reduce the utility and drainage easements affecting the eastern lot lines of Lots 1, 18 and 23 of the Clydesdale Park PUD 1st Filing (file # 02-S2040) as outlined in the attached documentation from the applicant and authorize the chair to sign the plat when the conditions are met and the plat is presented for signature.

6. BELMIRE SPRINKLER AND LANDSCAPING REZONING / 02-Z1433:

This is a request to rezone the Belmire Sprinkler and Landscape Business from FA (Farming) to PD (Planned Development). On November 20, 2002, the Planning Staff presented the Belmire Sprinkler and Landscaping rezoning application. This item was scheduled as a consent agenda item, and was recommended for approved by the Planning Commission as presented. Since the Planning Commission hearing regarding this item there have been no major modifications, and the applicant continues to finalize the issues found in condition 3 of the recommendation. Staff recommendation is for approval of the Belmire Sprinkler and Landscaping rezoning (file#02-Z1433 from FA (Farming) to PD (Planned Development) as recommended by the Planning Commission.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Berthoud-Dale Lots 23 and the Westerly 1/2 of Lot 22 Block 1 Amended Plat / 02-S2044; Horsetooth Lake Estates Lots 196 & 197 Amended Plat / 02-S2053; Clydesdale Park Planned Unit Development Lot 1, 18, & 23 Easement Vacation / 02-S2040; and Belmire Sprinkler and Landscape Rezoning / 02-Z1433, as outlined above.

Motion carried 3 - 0.

The meeting adjourned at 3:05 p.m.

TUESDAY, JANUARY 7, 2003

ADMINISTRATIVE MATTERS

(No Audio Available)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Ralph Jacobs, Human Resources; Jim Reidhead, Rural Land Use Center; Jeannine Haag, Assistant County Attorney; Donna Hart and Deni La Rue, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. BOARD REORGANIZATION FOR 2003:

M O T I O N

Commissioner Rennels moved that the Board of County appoint Tom G. Bender as Chair for the year 2003 effective immediately.

Motion carried 3 - 0.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners appoint Commissioner Rennels as Chair Pro Tem for the year 2003 effective immediately.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Board assignments for the year 2003.

Motion carried 3 - 0.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a resolution designating the Howes Street entrance as the official posting location for notice of Board meetings.

Motion carried 3 - 0.

01072003R003 RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

3. APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 30, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of December 30, 2002.

Motion carried 3 - 0.

4. REVIEW OF SCHEDULE FOR THE WEEK OF JANUARY 13, 2003: Ms. Hart reviewed the schedule with the Board.

5. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

01072003A001 AMENDMENT TO THE NONTRUSTEED RETIREMENT PLAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AIG VALIC FOR THE COUNTY MANAGER'S EXCLUSIVE BENEFIT GOVERNMENTAL 401(A)

01072003A002 VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WELD ADOLESCENT RESOURCES, INC FOR THE USE AND BENEFIT OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES, CHILD AND FAMILY SERVICES DIVISION

01072003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER COUNTY WORKFORCE CENTER AND PROJECT SELF-SUFFICIENCY FOR COORDINATION OF CAR DONATION SERVICES

01072003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR THE PLAN YEAR 2002 WAGNER-PEYSER EXPENDITURE AUTHORIZATION FOR THE EMPLOYMENT AND TRAINING PROGRAMS GRANT

Motion carried 3 - 0.

6. RESOLUTION CANCELING TAXES DETERMINED TO BE UNCOLLECTABLE:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a resolution canceling taxes determined to be uncollectable as requested by the County Treasurer.

Motion carried 3 - 0.

01072003R002 RESOLUTION CANCELING TAXES DETERMINED TO BE UNCOLLECTABLE

7. RESOLUTION REGARDING DEPOSIT OF 2003 FUNDS BY THE COUNTY TREASURER:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the resolution regarding the deposit of 2003 funds by the County Treasurer.

Motion carried 3 - 0.

01072003R001 RESOLUTION REGARDING THE DEPOSIT OF 2003 FUNDS BY THE COUNTY TREASURER

8. POLICY WAIVER TO ASSIST THE ASSESSOR IN THE CREATION OF A DIRECTOR OF ASSESSMENT: Mr. Jacobs explained that the creation of this position for Ms. Amy Wagner is due to reorganization of the office, which has resulted in the combining of and elimination of positions. Mr. Jacobs requested the position and salary for Ms. Wagner be effective January 1, 2003.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a waiver of policy to permit Ms. Amy Wagner to receive a salary of $75,000 per year as the Director of Assessment in combining positions and to postpone any further salary increases until January of 2004. Position and salary to be effective January 1, 2003.

Motion carried 3 - 0.

9. DEED OF CONSERVATION EASEMENT FOR KEN DeLINE: Mr. Reidhead noted that this easement is the second phase of the conservation project with the DeLine family and requested the Board approve the deed.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a deed of conservation easement for Ken DeLine.

Motion carried 3 - 0.

01072003D001 DEED OF CONSERVATION EASEMENT BY KENNETH E. DeLINE IN FAVOR OF THE COUNTY OF LARIMER

10. WORK SESSION: Mr. Lancaster provided the Board with copies of "The Code of Larimer County Manual" which is a codification of actions taken by the Board. The manual covers all documentation of "Weight of Law" for the benefit of the citizens of Larimer County.

11. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

12. LEGAL MATTERS: Ms. Haag notified the Board that a member of the Planning Commission is a nephew of an attorney that frequently represents applicants in Land Use matters. Ms. Haag stated that she has notified the Planning Commission member to disclose the relationship at the onset of any hearings for which the attorney is representing a client. The Board concurred.

There being no further business, the meeting adjourned at 10:40 a.m.

PETITION FOR ABATEMENT HEARING

(#127)

The Board of County Commissioners met at 1:30 p.m.; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Phyllis Berwick and Lila De los Santos, Assessor's Office and Jean O'Connor, Recording Clerk.

Ms. Berwick stated that the petitioner, Ms. Kelly McPhee, has requested this hearing as owner of Kidco Vending, Personal Property Schedule #8232997 and that staff is recommending denial of the petition for abatement of taxes for 2001. Ms. De los Santos stated that taxes were based on the last information provided by the petitioner in 2001.

Ms. McPhee stated that she thought the equipment would sell for approximately $4,000 but only received $2,100 upon sale. The tax assessment, Ms. McPhee continued was determined on an actual value of $29,350 and the taxes are $629.20, an amount she can not afford and has not paid.

Much discussion ensued and the Board determined taxes should be recalculated based on an actual value of $4,000.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a tax roll adjustment resulting in a tax due of $41.45 with interest for the years 2001 and assess a $50 failure to file fee for schedule #8232997.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:15 p.m.

________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE, APPOINTED

CLERK AND RECORDER

(S E A L)

A T T E S T

______________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.