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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 01/15/07  

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 15, 2007

 

 

The Courthouse Offices were closed in observance of Martin Luther King Jr. Day.

 

 

TUESDAY, JANUARY 16, 2007

 

 

ADMINISTRATIVE MATTERS

(# 7)

 

The Board of County Commissioners met at 9:00 a.m. with Larry Timm, acting County Manager.  Chair Wagner presided and Commissioners Rennels and Gibson were present.  Also present were: Deni LaRue, and Donna Hart, Commissioners’ Office; K-Lynn Cameron, and Gary Buffington, Parks and Open Lands Department; Charlie Johnson, and Dale Greer, Engineering Department; Dennis Morrison, Road and Bridge Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk. 

 

 

1.  PUBLIC COMMENT:  Evelyn King, Larimer County resident, stated that she would like to see potential changes to the Larimer County Land Use Code (LCLUC) posted on the county website, in order to keep residents more informed.  Ms. King hopes that the county will take more initiative when it comes to keeping residents informed with changes to the LCLUC in the future.

 

Ms. King also explained that she is opposed to the potential increase in the City Open Space and Park Sales and Use Tax to be discussed by the Board today.  She does not think that open space is the only priority to tax payers in Larimer County.  Ms. King is concerned that open space would be given precedence above all other needs in the area if the bill is passed at the state level. 

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 8, 2007

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of January 8, 2007.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 22, 2007The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.

 

 

4.  CONSENT AGENDA: 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for January 16, 2007:

 

 

ABATEMENTS:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Country Farms LLC (2005) – 6 parcels; Michael D. and Cathy S. Ramsey.

 

01162007A001           CHILD SUPPORT ENFORCEMENT PURCHASE OF LEGAL SERVICES AGREEMENT BY AND BETWEEN GEORGE HASS, LARIMER COUNTY ATTORNEY, AND THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES

 

01162007D001           DEED OF DEDICATION BY STEPHEN G. ACKERMAN AND DEBORAH A. ACKERMAN FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

01162007R001           RESOLUTION RELINQUISHING AND WAIVING RIGHT OF FIRST REFUSAL

 

01162007R002           RESOLUTION CANCELLING 2004 TAXES DETERMINED TO BE UNCOLLECTIBLE

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued:  L&M Imports and Garden Center (Berthoud Chamber of Commerce) – 6% Special Event – Berthoud; Burger Bay/Boyd Lake Marina – 3.2% - Loveland; Boyd Lake Marina – 3.2% - Loveland; Polo’s LLC – Hotel and Restaurant – Fort Collins. 

 

Motion carried 3-0.

 

 

5.  REVIEW OF A BILL BEFORE THE STATE LEGISLATURE FOR AN ACT CONCERNING THE CITY OPEN SPACE AND PARK SALES AND USE TAX:  Ms. Cameron explained that this bill will enable legislation that would allow counties to exceed the 1% cap on sales and use tax for open space and park purposes.  Larimer County Commissioners have supported the legislation sales tax increase in the past, but the bill has been vetoed by the Governor twice over the last several years.  This proposal allows counties to ask voters to approve up to a half-cent sales and use tax to fund an open space program which would reflect local priorities for acquisition and management.  The bill will be a critical new resource for financially constrained county governments interested in creating dedicated revenue for land protection.  Currently, 44 of 64 counties are at their statutory sales tax maximum on voter-approved sales and use tax authority.  Ms. Cameron stated that if the bill was approved by the voters, the county could have a sales tax that equals 1.5%. 

 

Chair Wagner responded by saying that Larimer County has been in support of this proposal in the past, most recently Hermit Park, and therefore would be in support of approval of the bill at this time.  Commissioner Rennels agreed that there is a critical need to preserve agricultural land.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners support the bill before the State Legislature for an act concerning exemption from the statutory limitation on the total sales and use tax that may be imposed for a county tax to fund open space and park land.  The Board also authorizes the Chair Pro-Tem to sign a letter of support to be sent to the bill sponsors and the appropriate legislative committee. 

Motion carried 3-0.

 

 

6.  RESOLUTION RELINQUISHING RIGHT OF FIRST REFUSAL ON 228.72 ACRES:  Mr. Johnson stated that in 2001, Larimer County paid Jake Kauffman and Son, Inc. five-thousand dollars for first right of refusal on 228.72 acres.  At this time, Jake Kauffman and Son, Inc. request that the county relinquish its right of first refusal because the company wants to move forward with a water storage project.  Parties interested in the water storage project will not discuss options with the Kauffman Company as long as the right of first refusal is in place.  If Larimer County relinquishes their right of first refusal, Kauffman will pay back the five-thousand dollar fee.  Mr. Johnson explained that it does not make sense for Larimer County to hold the first right of refusal on the property at this time, and it would be beneficial to abandon those rights. 

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners relinquish the right of first refusal of 228.72 acres.

Motion carried 3-0.

 

 

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

 

 

8.  LEGAL MATTERS:  Executive Session (Tape #8)

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session regarding potential litigation/negotiation related to right-of-way as outlined in 24-6-402(4)(e) C.R.S.

Motion carried 3-0.

 

The Executive Session ended at 10:55 a.m., with no further action taken.

 

 

LAND USE HEARING

(# 9)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioners Rennels and Gibson were present.  Also present were:  Chad Gray, Samantha Mott, and Sean Wheeler, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Wagner 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 Wagner then explained that Items 1 through 3 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.

 

Mr. Helmick explained that the Amendments to the Larimer County Land Use Code regarding Cache La Poudre floodplain in the Growth Management Area is to be tabled to a later date as indicated on the agenda.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Amendments to the Larimer County Land Use Code for Cache La Poudre floodplain in the Growth Management Area to January 22, 2007, at 3:00 p.m.

Motion carried 3-0.

 

 

1.  GLACIER VIEW MEADOWS 8TH FILING LOTS 55 AND 56 LOT CONSOLIDATION - #06-S2649:  This is a request for a Lot Consolidation to combine two contiguous lots into one lot in the Glacier View Meadows Subdivision 8th Filing PUD.  If approved, the recording instrument will be a Findings and Resolution from the Board of County Commissioners.

 

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; and the Larimer County Addressing Coordinator.

 

The proposed Glacier View Meadows Subdivision 8th Filing PUD Lots 55 and 56 Lot Consolidation will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Glacier View Meadows Subdivision 8th Filing PUD Lots 55 and 56 Lot Consolidation, subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by July 7, 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.

 

 

2.  UNITED CHURCH OF CHRIST LAND CONSOLIDATION PLATThis is a request to consolidate three existing parcels into two parcels, and dedicate easements as needed (utility, access, drainage).  One of the parcels has a small cabin on it, and the others are undeveloped. 

 

Staff recommends approval of the requested United Church of Christ Land Consolidation Plat conditional to:

 

  1. All references to “lot consolidation” shall be “land consolidation.”
  2. The title shall be “Hansen Land Consolidation Plat.”
  3. Standard ten-foot utility/drainage easements shall be dedicated around the perimeter of the parcels.
  4. The “lots” shall be labeled “parcels.”
  5. References to building envelopes and setbacks shall be removed.
  6. The plat must comply with changes stated in the memo from Greg White to Dave Shirk dated December 15, 2006.

 

 

3.  FROHSINN MINOR SPECIAL REVIEW - #06-Z1619:  The applicant seeks Minor Special Review approval to construct an Accessory Living Area at a 30.71 acre site.  The subject property is located southwest of Berthoud, immediately north of the Vander Molen Conservation Development on County Road 4, and is not part of a subdivision.  A residence exists on the property, however, the owner plans to remove it and build a new primary residence along with the Accessory Living Area.

 

According to the project description, the Accessory Living Area will not exceed 800 interior square feet.  It will utilize the existing septic system and the owner shall apply for a new system to serve the main residence.  The site is located in an area of rolling terrain, surrounded by a natural landscape and other rural, residential uses.  The owner intends to use the topography of the site to create privacy for the main residence and accessory use, which should also provide sufficient area for off street parking and emergency vehicle access.

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use as well.  It is the assessment of the Development Services Team that this request can meet the standards provided the owner complies with the requirements for an Accessory Living Area and satisfies the recommended conditions of approval.

 

The Development Services Team recommends approval of the Frohsinn Minor Special Review subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Frohsinn Minor Special Review (File #06-Z1619) 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 Frohsinn Minor Special Review.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to Larimer County, the county may withhold building permits, issue a written notice to the 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 that 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 of the property and review the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   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 the applicant, shall comply with the terms and conditions of the Special Review approval.

4.   All applicable fees, including permit fees and the Transportation Capital Expansion Fee, shall apply to this use at the time of building permit issuance for the Accessory Living Area.

5.   The habitable space of the current structure shall not exceed 800 square feet, per Section 4.3.10.F.2 of the Larimer County Land Use Code.

6.   The owner shall sign a Disclosure Notice to advise potential lot buyers of the restrictions placed on the Accessory Living Area at the time of building permit application.  The Accessory Living Area can not exceed 800 square feet in size and can not be rented, or marked as rental property.

7.   The owner is responsible for obtaining all required building permits for the new residence, the Accessory Living Area.  The owner is also responsible for complying with all state and county requirements related to the demolition of the existing residence and asbestos removal.  Within 90 days from the date of approval, the owner shall obtain outstanding building permits and inspections for all previous work in the existing barn. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 1 through 3 as presented on the consent agenda.

Motion carried 3-0.

                       

 

4.  WATERS ZONING VIOLATION - #06-CC0163:  The property owners at 3004 Farview Drive directly north of the American Legion on Highway 287 nearing Laporte, are in violation of Section 4.1.8 of the Larimer County Land Use Code, which regulates the RE-Rural Estate Zoning District, by virtue of outside storage of junk, debris and unlicensed vehicles.  The property owners are also in violation of the 1997 Uniform Building Code by occupying a residence without a Certificate of Occupancy.

 

Code Compliance Officer, Chad Gray, has had several telephone conversations, left several messages and courtesy notices along with an on-site discussion with the property owner’s son over a 12-month period; however, outstanding issues have not been resolved.  The junk and debris is not only unsightly, but also gives the neighborhood the impression that the storage of unlicensed/inoperable vehicles is acceptable in Larimer County.  In addition, the condition of the property is having a negative affect on surrounding property values.  There is also life/safety and energy conservation concerns with the expired permit for the manufactured home.

 

Mr. Gray detailed the violations on the Water’s property as outlined above.  He explained that the homeowners were not present at the hearing, and suggested that the Board table this item to a later date in order to give the applicant an opportunity to appear before the Board.  The Board agreed with this suggestion.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Waters Zoning Violation - #06-CC0163 to February 26, 2007, at 3:00 p.m.

Motion carried 3-0.

 

The meeting adjourned at 3:10 p.m.

 

 

 

THURSDAY, JANUARY 18, 2007

 

 

 

LIBRARY BOARD COMMITTEE MEETING

(# 10 & #11)

 

The Board of County Commissioners met at 10:45 a.m.  Chair Wagner presided and Commissioner Rennels was present.  Also present were:  Karen Weitkunat, and Ben Manvel, City Council Members; Martin Heffernan, Cultural, Library, and Recreational Services Director for the City of Fort Collins; Phyllis Abt, Associate Vice President of Outreach and Strategic Partnerships for Front Range Community College; Martha Tharp, resident; Steve Roy, and Ingrid Decker, City Attorney’s Office; and Kristen Romary, Deputy Clerk. 

 

Those participating in the meeting today decided that a Chair to the Library Board Committee should be appointed before any further decisions were made.  Council Member Weitkunat recommended that Ben Manvel be appointed as Chair. 

 

M O T I O N

Council Member Weitkunat moved that the Board of County Commissioners appoint Ben Manvel as Chair of the Library Board Committee.

Motion carried unanimously. 

 

Mr. Roy stated that the Board may choose to go into Executive Session at this time for the purpose of receiving legal advice.

 

 

Executive Session – Affidavit provided.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session to conference with an attorney for the purpose of receiving legal advice on specific legal question.

Motion carried unanimously. 

 

 

The Executive Session ended at 11:20 a.m. and the meeting resumed. 

 

 

Discussion among those present regarding the public display of personal information submitted along with applications for the Library Board ensued.  An agreement was made that it would be acceptable to include personal information with individual applications online because applicants were made aware of this possibility in advance.

 

Next, those in attendance discussed the pros and cons associated with appointing a Library Board member who already serves on City Council.  Chair Wagner, Commissioner Rennels, and Council Member Manvel agree that there would be a conflict of interest with someone serving on both boards.  There are currently a large number of strong applicants who could potentially serve on the Library Board, without causing this conflict of interest.  Council Member Weitkunat suggested that the Library Board may potentially glean important information from a City Council member.  However, she also emphasized the importance of creating a stable board that can sustain itself from the beginning.  By allowing a City Council member to serve on the Library Board there is the possibility of weakening the initial board. 

 

Finally, the meeting participants reviewed each application received up to this point, and determined whether they were a strong enough candidate to be considered for an interview or not. 

 

 

The meeting ended at 12:30 p.m.

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.