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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, OCTOBER 2, 2006

 

LAND USE HEARING

(#118 & #119)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioners Wagner and Rennels were present.  Also present were: Matt Johnson, and Ed Woodward, Engineering Department; Doug Ryan, Environmental Health Department; Candace Phippen, Building Inspection; Casey Stewart, Dave Karan, Samantha Mott, Chad Gray, and Naomi O’Connor, Planning Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk. 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Gibson then noted that Items 1 through 4 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience: 

Mr. Helmick explained that minor changes and additions had been made to the staff report regarding Item 4 (Poudre City Lots 1B, 2B, 3B, and 17B Amended Plat/Boundary Line Adjustment - #06-S2502), and staff wished to include the changes prior to approval of this item. Mr. Karan addressed the Board and explained the addition and extension made by staff.  The applicant, Victor McLachlan, gave the Board verbal approval of these changes, which are included as part of Item 4 below.

 

1.  RIDEOUT ACCESSORY DWELLING UNIT MINOR SPECIAL REVIEW/APPEAL - #06Z1603:  The applicant seeks approval for a Minor Special Review to allow for the conversion of an existing workshop in a detached garage to an accessory living area.  The detached garage was first permitted in 1991, with a final inspection completed in June 2006.  According to the project description, the main residence is 2,935 square feet in size and the proposed area to be converted to existing living area is 1,120 square feet.  This exceeds the accessory living area maximum allowed size of 800 square feet.    No expansion of the structure is proposed.  The applicant proposes to convert the existing 1,120 square feet. workshop area to an accessory living area.   Therefore, the application includes an appeal to this standard so the structure can be converted using its current size.

 

The Development Services Team recommends approval of the appeal to Section 4.3.10.F to allow 1,120 square feet of an accessory living area in an existing detached structure.  Approval of the Rideout Minor Special Review is subject to the following conditions:

 

  1. This Minor 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 Rideout Minor Special Review (File #06-Z1603), 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 Rideout Minor Special Review.
  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 Minor Special Review, applicant agrees that in addition to all other remedies available to the County, the County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event the County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the County including, but not limited to, reasonable attorney’s fees.  The County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.
  5. 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 Minor Special Review approval.
  6. Prior to applying for a building permit, the applicant shall execute a Disclosure Notice for the purpose of notifying potential future owners of the property of the restrictions placed on the Accessory Dwelling Unit including the size limitation of 1120 square feet, the accessory living area shall not be rented or leased separately from the single-family dwelling and the accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on-site in exchange for their residency.
  7. Prior to conversion of the structure to accessory living area the applicant shall obtain all required and pay all applicable fees, including permit fees and the Transportation Capital Expansion Fee.

 

2.  RED FEATHER HIGHLANDS LOTS 58 AND 60 LOT CONSOLIDATION - #06-S2616:  This is a request for a lot consolidation to combine two adjacent lots into one lot in the Red Feather Highlands Subdivision.  If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners. This request is to combine lots 59 and 60, in the Red Feather Highlands Subdivision into one building lot. 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team.

The Development Services Team recommends approval of the Lot Consolidation for Lots 59 and 60 of the Red Feather Highlands Subdivision, subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by April 2, 2007, or this approval shall be null and void.
  2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

3.  WEST HIAWATHA HEIGHTS LOTS 6A AND 6B BLOCK 14 LOT CONSOLIDATION - #06-S2619:  This is a request for a lot consolidation to combine two adjacent lots into one lot in the West Hiawatha Heights Subdivision.  If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners.  This request is to combine 2 adjacent lots, lots 6A and 6B Block 14, in the West Hiawatha Heights Subdivision into one building lot.

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team.

The Development Services Team recommends approval of the Lot Consolidation for lots 6A and 6B Block 14 in the West Hiawatha Heights Subdivision, subject to the following conditions:

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by April 2, 2007, or this approval shall be null and void.
  2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

4.  POUDRE CITY LOTS 1B, 2B, 3B, AND 17B AMENDED PLAT/BOUNDARY LINE ADJUSTMENT - #06-S2502:  This is a request to amend Poudre City Lots 1B, 2B, 3B, and 17B. The request is for an Amended Plat of five lots currently operated as one resort property, with no new lots being created.  The Mountain Greenery Resort consists of 1 restaurant, 1 motel (8 units), 1 cabin, 8 RV sites and outbuildings.  The property is adjacent to the Poudre River and consists of 2.29 acres.  Under the current zoning, restaurants and motels are not considered allowed uses.  RV campgrounds require Special Review approval as does a Resort Lodge/Resort Cabin(s). 

One parcel is a meets-and-bounds parcel and will be incorporated into the Amended Plat as a platted lot (Lot 2).  No evidence of Special Review approval has been found in the Larimer County records.  Another non-conformity is the location of a structure on a boundary line.  The proposal is to return the five lots to single-family residential, a use-by-right in the O-Open District.  The land use would then conform to the zone district.  The owners intend to demolish the existing motel.  The restaurant would be converted to a single-family residence as would the cabin.  All RVs will be removed from the property.  Portions of four of the five lots (Lots 2-5) are within the Poudre River 100-year flood plain.  The applicant has exhaustively explored the options for redevelopment of this property and the legal status of the parcels.  After much study, the applicant has decided that terminating the non-conforming commercial activity and converting the property to a use allowed by-right in the O-Open zone district is the best course of action. 

On November 11, 2005, the Board of County Commissioners approved an amended plat to convert this non-conforming resort to single-family residential use.  The change would bring the uses into conformance with the O-Open Zoning District.  To convert to single-family residential use, a variety of structures needed to be removed.  Among other changes, an existing motel was to be demolished and the debris removed from site by November 8, 2006.  There is a request for a 12-month extension of the deadline in Condition #2 and elimination of a plat note requirement.  Also, given progress on the conversion to single-family residential use, Condition #4 is not needed. That condition as well as conditions which have been fulfilled will be removed from the Findings and Resolution. 

 

Given progress made to date, the following conditions will continue to apply:

 

1.   The existing motel and RV sites will be demolished and removed by November 8, 2007, or prior to the issuance of any building permits on any of Lots 1-5, whichever comes first.  Should demolition of both the motel and RV facilities not be removed by that date, this Amended Plat/Boundary Line Adjustment approval will be null and void.

2.   The septic system currently serving the motel and restaurant buildings shall be properly abandoned under County Health Department permit.

3.   The existing sheds shall be removed from the property or moved so they are located outside of the following setbacks:

a.   Side setback-five feet

b.   Rear setback—ten feet

c.   Front setback—25 feet from the property line or from the nearest edge of the road easement.

 

The Findings and Resolution shall be changed accordingly.  No changes in the recorded plat will be required. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Items 1 through 4, as listed on the Consent Agenda and outlined above, along with the changes and extension regarding Item 4, as presented by staff.

Motion carried 3-0.

 

5.  CORCORAN APPEAL - #06-G0121:  This is a request for an appeal to expand a nonconforming single family dwelling. The proposed addition is 902 square feet, and the existing floor area is 1500 square feet. The request is to appeal Section 4.8.10 of the Land Use Code, which contains regulations for expanding nonconforming buildings.  The dwellings are considered nonconforming for two reasons:  first, there are two dwellings on one lot; and second, the buildings do not comply with setback requirements.  Any expansions of the buildings are subject to Section 4.8.10. Extension, expansion, enlargement or change in character.

The applicant proposes to construct additions to one of two existing single family dwellings on the property.  The subject dwelling is currently approximately 40 feet from the center of U.S. Highway 34.  County setback regulations require a building setback of 100 feet from right-of-way center for the highway.  According to the applicant, the residence was constructed about 1942, prior to the road setback requirement.  The owner wants to add on two bathrooms onto the north (rear) side of the existing structure to the north, a garage on the east (side), and a bedroom to the existing second level.  The addition, including expanded living area, 2 bathrooms, one bedroom, and a detached garage is greater than 25% (Existing = 1500 square feet; addition = 902 square feet) of the floor area of the existing building. 

The following State and County departments provided comments regarding the proposal: The Colorado Department of Transportation (CDOT) has no objections to the appeal request; the Department of Health/Environment commented on the use of a sewer vault for year-round living, but has no objections to the appeal request; and the County Engineer has no objections to the appeal as long as CDOT has had an opportunity to comment on the application.

The Development Services Team recommends approval of the Corcoran Appeal, subject to the following condition:

 

  1. The applicant shall obtain all required permits and inspections for the addition in accordance with the allowed time frame for a building permit.

 

Mr. Stewart addressed the Board and described the specifics of the appeal, as outlined above.  He said that there were questions in the past regarding the use of the building, and perhaps it had been used as a residence before.  He then noted that the setback is not a real concern, but may need a second condition of approval. 

Marjorie Corcoran, applicant, addressed the Board and said that she intended to use the building for storage.  Also, the changes she is making to the building do not extend any further than the original foundation.  She explained that she would have worked on extending the back of the building, but there is a 20-foot rock that cannot be moved. 

Chair Gibson opened the hearing for public comment and Helen Arnold, neighbor to Ms. Corcoran, asked that there be a condition of approval stating that the applicant will not encroach on to her property.  Chair Gibson explained to Ms. Arnold that this was not the reason for the appeal today, and suggested that there be a discussion between neighbors regarding this specific issue.  He then closed public comment, and there was a request to reopen pubic comment soon after.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners re-open public comment.

Motion carried 3-0.

 

Ms. Arnold addressed the Board and explained that she was concerned about some construction being done on a cliff/ledge that separates her property from the applicant's property.  She does not want the applicant to do any more construction on the cliff.

Ms. Corcoran then explained that she was concerned that the cliff would fall on her house, so she and her husband had rebar and concrete installed to help reinforce the wall.  She thought that they were doing a service to the area.

Some discussion among staff and the Board ensued regarding the specifics of the appeal.  Commissioner Rennels stated that she wanted there to be a removal of the use, and an addition of a second condition as suggested by staff.  

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Corcoran Appeal based on the recommendations made by staff, with the addition of Condition #2, which will state: The property shall be limited to one singe-family dwelling unit, unless the applicant can adequately demonstrate that two residences on the property qualifies as a nonconforming use or obtains separate approval for a second single-family dwelling unit.

Motion carried 3-0.

 

6.  GLEN ECHO RESORT VIOLATION - #06-CC20268:  Staff has found that the property owners at Glen Echo Resort are in violation of County regulations by virtue of expanding a non-conforming resort use without special review approval, constructing and/or expanding a bridge spanning the Poudre River to an island without County approval, allowing camping on an island without County approval, having music concerts without County approval, and converting a storage shed used for a shop to a dwelling unit without a building permit.

The Glen Echo Resort is located in an O-Open Zoning District.  In this district, resort cabins and travel trailer parks must be approved through a Special Review process.  This zoning requirement was enacted after Glen Echo began operation; therefore, Glen Echo is a “non-conforming use.”  Pursuant to Section 4.8 of the Larimer County Land Use Code, any non-conforming use is allowed to continue operation, but any portion of the use that is abandoned for more than 12 months loses the non-conforming status and must comply with current regulations.  In addition, any expansion of a non-conforming use must be approved through a Special Review process.

In 2001, Code Compliance staff received a complaint that a storage shed was being converted to a cabin on the subject property without a permit.  An inspection was conducted confirming the validity of the complaint.  The owner subsequently obtained Building Permit 03-B0001 to change one side of a “duplex” type structure into a dwelling unit.  That permit expired without all required inspections being conducted and approved.  At the time the permit was issued, the Planning Director determined the conversion of one half of the “duplex” structure was not an expansion of a non-conforming use, however, if the owner converted the other side of the duplex into a dwelling (the other side was, at the time, used as a shop), then that conversion would constitute an expansion of a non-conforming use requiring Special Review approval.  See copies of letters from the owner, the Planning Director and Zoning Code Enforcement Officer from 2001.  The owner later converted the “shop” half of the duplex into a dwelling unit without Special Review approval and without a building permit and required inspection approvals.

In 2001, a pre-application meeting was held with the owner (File #01-PA0483) to discuss expansion of the pre-existing, non-conforming RV park and campground by adding tent sites and cabins.  A formal application to expand the uses was never submitted.

On June 30, 2006, Code Compliance staff received a complaint regarding the construction of a bridge to an island in the middle of the Poudre River to carry heavy equipment across, bands playing music until midnight, and landscaping the island for camping, weddings and possibly a future amphitheater. 

On July 5, 2006, Code Compliance Officer Chad Gray visited the site to verify the complaint.  Mr. Gray met with the owner, Lloyd Rowe.  Mr. Rowe stated he just repaired a bridge that had always been there.  Mr. Gray noted campsites on the island with fire pits.  Mr. Rowe had a track hoe on the island to build up the banks which he said he got a permit from the Army Corps of Engineers to do. 

During the inspection, Mr. Rowe mentioned he was thinking about buying the Rustic Resort.  Mr. Gray then initiated a request through the Planning Department for a pre-application meeting with Mr. Rowe and a planner.  Planner David Karan was assigned the request.  Mr. Karan made arrangements with Mr. Rowe to walk through the Rustic Resort property as well as the Glen Echo property. 

Subsequent to Mr. Gray’s initial inspection, research of the property showed no existing bridge in 2001 and no documentation that camping had been allowed on the island in the past.  Mr. Karan and Mr. Gray conducted a second inspection of the property on July 17, 2006, with Mr. Rowe present.  At the end of the inspection, Mr. Gray advised Mr. Rowe the bridge could not be used, camping was not allowed on the island and music concerts were not an allowed use.  Mr. Gray posted a Notice to Vacate in the form attached on each end of the bridge.

The bridge cannot be used until Flood Review Board approval is obtained (which requires an hydraulic modeling analysis from a licensed engineer).  If Flood Review Board approval is obtained for the bridge, it cannot be used unless camping on the island is approved through a Special Review approval process.  The Building Department cannot issue a permit for the bridge until Flood Review Board and Special Review approvals are obtained. 

On July 19, 2006, Code Compliance staff prepared a staff report summarizing outstanding issues which was provided to the owners.  The owners disagreed, in part, to violations noted in the report and subsequently called and met with Customer Advocate Naomi O’Connor.  After the meeting, Ms. O’Connor then met with Code Compliance staff to discuss the issues. 

After meeting with Ms. O’Connor, the owner supplied Code Compliance two letters from property owners in the area attesting that a bridge had extended to the island as early as 1954, and that people had been tenting and camping on the island for years.  Staff found the letters did not establish commercial campgrounds on the island or the existence of the bridge in its present condition since November 29, 1973, when Special Review approval was first required for campgrounds in O-Open Districts.  Although a footbridge of some sort may have been on the property in the past connecting to the island, and camping on the island may have occurred by locals in the past, there is no evidence that the bridge in its present configuration and/or commercial campgrounds have been in existence since 1973.  Upon reaching this finding, Code Compliance staff sent a letter dated August 4, 2006, to the owners providing options to resolve outstanding issues.  The owners again objected to the findings of violations in a letter dated September 1, 2006.  As a result, this hearing was scheduled.

Lloyd Rowe, applicant, presented packets to each Commissioner containing pictures, brochures, and other pertinent information related to the applicant’s case.  He explained the use of small bands for several activities throughout the years, but stated that it was not on a consistent basis, and they never performed on the island.  Mr. Rowe said that there was never any expansion of RV sites, or camping sites originally thought to have occurred by staff.  He presented a letter from the contractor that re-built the cabin in question.  Finally, he explained that no major changes were made to the bridge, only handrails were added and old boards replaced. 

Mr. McLachlan, a resort owner in the Poudre Canyon, addressed the Board and said that he was sympathetic to Mr. Rowe’s situation.  He feels as though it is extremely difficult to maneuver around county regulations and thinks there is a perceived bias to small business, especially in the Poudre Canyon. 

Sam Todd, Tim Kruchfeld, and Peter Jacobson addressed the Board and stated that they live or have lived on the Glen Echo property.  Each made it clear that there had been no concerts on the island, and explained that there were never any major changes made to the bridge. 

After the presentation made by Mr. Rowe, Commissioner Rennels and Chair Gibson agreed that it would seem as though the bridge had not been changed significantly.  Mr. Woodward addressed the Board and explained the differences between new construction versus maintenance of the bridge.  The applicant also presented other information that may change the original recommendations made by staff.  Commissioner Rennels stated that she wanted to give the applicant more time to meet with Mr. Woodward and Rex Burns of the Engineering Department.  More time would also allow Ms. Phippen the opportunity to review new information the applicant presented during the hearing.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners table the Glen Echo Resort Violation - #06-CC0268, to November 13, 2006, at 3:00 p.m., in order to provide the property owner time to meet with members of the Engineering staff. 

Motion carried 3-0.

 

The hearing adjourned at 5:15 p.m.

 

TUESDAY, OCTOBER 3, 2006

 

ADMINISTRATIVE MATTERS

(#120)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were: Donna Hart, Deni LaRue, and Cheri Pineda, Commissioners Office; Paula Frasier, and Dave Muse, Assessor's Office; Lisa Yoder, and Gary Stoker; Treasurer's Office; and Gael Cookman, Deputy Clerk. 

 

1.  PUBLIC COMMENT: There was no public comment today.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 25, 2006

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of September 25, 2006, as amended.

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 9, 2006The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.

 

4.  CONSENT AGENDA:

The Board had asked that two Petitions for Abatement (McWhinney Holding Company, LLC, and Centerra Properties West, LLC) be pulled from a previous Consent Agenda for further discussion and explanation.   Mr. Muse explained that the parcels were adjacent to the Centerra Shopping Mall in Loveland, and that their classification had been changed from agricultural land to raw commercial land; however, the petitioners have since been able to prove that the land is still being utilized as agricultural land.  Mr. Muse stated that the classification has been corrected for 2006, and the abatement of taxes is necessary to refund the monies that were collected in 2005.  Ms. Yoder explained that the total amount to be refunded is $260,000 ($170,000 for one parcel and $90,000 for the second parcel). 

 

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 for October 3, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  McWhinney Holding Company, LLC; Centerra Properties West, LLC.

 

10032006A001           FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR JONES MINOR LAND DIVISION, #02-S1958, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOYCE N. JONES

10032006A002           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR ANTELOPE RUN ESTATES R.L.U.P., BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE WAGNER FAMILY GROUP, LLC, AND ANTELOPE RUN ESTATES HOMEOWNERS ASSOCIATION

10032006A003           ADDENDUM TO CONSTRUCTION CONTRACT - PROJECT NO. 258 - RECONSTRUCTION OF COUNTY ROAD 80C, FROM COUNTY ROAD 82E TO CALLOWAY HILL, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

10032006R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT/APPEAL OF LOTS 1 AND 2 IN LOST BROOK SUBDIVISION

10032006R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 46 SPRING GULCH 1ST FILING AND LOT 41A REPLAT OF LOT 41 SPRING GULCH 1ST FILING

10032006R003           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR ANTELOPE RUN ESTATES RURAL LAND PLAN

 

MISCELLANEOUS:  Logo Release Form; Human Resources Policy and Procedure - 331.8B; Colorado Statewide Digital Trunked Radio System-Release 6.5 Zone 3 Upgrade; Final Plat for Antelope Run Estates R.L.U.P. - #04-S2235; Human Resources Policy and Procedure 390.15.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  The Canyon Grill - Hotel & Restaurant - Fort Collins; Horsetooth Liquor - Retail Liquor Store - Fort Collins; Hatrixx - Tavern - Fort Collins; George Beach Post No. 4 - Club Liquor License - Fort Collins.  The following permits were issued:  Berthoud Arts and Humanities Alliance - 6% Special Event Permit - Berthoud; Loveland Sertoma Club Inc. - 6% Special Event Permit - Fort Collins; Colorado's Women's Roller Derby Inc. - 6% Special Event Permit - Fort Collins.

Motion carried 3-0.

 

5.   BOARDS AND COMMISSIONS APPOINTMENTS:  Ms. Pineda outlined appointments to the Boards and Commissions as follows:   

Namaqua Hills GID #8 - Bill Moninger and Keith Olson, appointed for a 4-year term, beginning October 3, 2006, and expiring November 30, 2010.  John Nuttall appointed for a 3-year term, beginning October 3, 2006, and expiring November 30, 2009.

Larimer Integrated Family Enhancement (LIFE) Board - Dennis Rastatter and Joe Thome, appointed for a 3-year term, beginning October 3, 2006, and expiring June 30, 2009.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the appointments to the LIFE Board and to the Namaqua Hills GID #8, as outlined above.

Motion carried 3-0.

 

6.  WORKSESSION:  Discussion ensued regarding whether or not the Board wished to adopt a resolution opposing certain ballot issues; the Board agreed to draft a resolution opposing Amendment 38, pertaining to election petitioning requirements, as this amendment could have negative fiscal impacts to the County.  

 

7.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

8.  LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting recessed at 10:10 a.m.

 

ADOPTION OF PUBLIC AND

GENERAL IMPROVEMENT DISTRICT BYLAWS

(#121)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rex Burns, Project Engineer.  Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Linda Sanders, Engineering Department; Larry Olson, Bud and Selma Williams, and John and Helen Miller, Estes Park residents; and Kristen Romary, Deputy Clerk.

 

Chair Gibson explained that the Board will consider adopting the bylaws for the Pinewood Springs General Improvement District No. 2; Little Valley General Improvement District No. 14; Meadowdale Hills General Improvement District No. 11; and Venner Ranch Estates General Improvement District No. 18, in an effort to standardize all Larimer County General and Public Improvement District Advisory Boards.  Chair Gibson added that Pinewood Springs is looking for 5 board members; Little Valley, 5 board members; Meadowdale Hills, 3 board members; and Venner Ranch, 3 board members.

Mr. Burns explained that there are currently over 40 General Improvement Districts and Public Improvement Districts throughout Larimer County, for the purpose of maintaining subdivision roads within each district.  With an overwhelming number of districts located in the County, the creation of bylaws ensures that uniform procedures are followed within each Public Improvement District.  At this time, Mr. Burns explained that bylaws are created to provide procedures for how the Advisory Board operates, and the Commissioners act on the bylaws as well.  Information on bylaws and Public Improvement Districts are located on the County website.  

Ms. Sanders explained that letters were mailed to all residents of the proposed General Improvement Districts and included the bylaws, with an application to serve on the board.  Also, she stated that applications are available on the Larimer County website as well.  The deadline for receipt of applications is November 3, 2006.

Chair Gibson opened up the hearing for public comment, and Mr. Olson, president of the Meadowdale HOA, addressed the Board.  He stated that the proposed General Improvement District was discussed at the most recent board meeting, and there were no objections to the bylaws.  He also stated that he, personally, is in support of the bylaws and believes that it is a good idea.

Mr. Williams addressed the Board and inquired about the differences between public and private roads, speed limit signs, and the General Improvement District.  A brief overview of public and private roads was explained by Mr. Burns, and he continued by stating that the County has certain rights to the road including access and proper use.  He then said that the County is responsible for posting speed limit signs in accordance with Engineering Department standards, but they are paid for by the PID.  

Ms. Miller addressed the Board and asked for an explanation in regards to changing the amount of a mill levy.  Ms. Sanders stated that a mill levy can always be decreased by the Advisory Board, but it can only be increased by a vote in the general election. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the bylaws for the Pinewood Springs General Improvement District No. 2; Little Valley General Improvement District No. 14; Meadowdale Hills General Improvement District No. 11; and Meadowdale Hills General Improvement District No. 18.

Motion carried 3-0.

 

The hearing adjourned at 7:10 p.m.

 

 

 

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_______________________________________

Gael M. Cookman, Deputy Clerk   

 

_______________________________________

Kristen L. Romary, Deputy Clerk   

 

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