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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/26/07  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, February 26, 2007

 

LAND USE HEARING

(# 22)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioner Gibson was present.  Also present were: Sean Wheeler, Matt Lafferty, Samantha Mott, Chad Grey, and Wendi Dionigi, Planning Department; Christi Coleman, Matt Johnson, and Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; George Hass, County Attorney; and Kristen Romary, Deputy Clerk. 

 

Chair Wagner opened the hearing 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 2 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  At this time, staff requested that Item 2 be pulled from consent.

 

 

1.  PEAKVIEW PLANNED LAND DIVISION AND PLANNED DEVELOPMENT - #05-S2345:  This is a request for rezoning from C (Commercial) and I (Industrial) to PD (Planned Development) and preliminary plat approval for the Peakview Development, which is a mixed use development on a 40.5 acre property that will be divided into three development blocks.

 

On January 17, 2007, the Development Services Team presented the Preliminary Plat for the Peakview Rezoning (PD) and Planned Land Division to the Planning Commission.  Public testimony regarding the development was offered by a resident of the area stating curiosities regarding drainage associated with the development.  Public concerns were addressed at the meeting and the Planning Commission made a recommendation to approve the Rezoning and Planned Land Division as recommended by the Development Services Team.

 

The Planning Commission and the Development Services Team recommend to the Board of County Commissioners that the Peakview Planned Land Division Preliminary Plat, File #05-S2523, be approved subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Peakview Planned Land Division (File #05-S2523), 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 Peakview Planned Land Division.

2.   The control type for the intersection of the Highway 14 Frontage Road and Greenfields Road shall be determined by the Larimer County Engineering Department, which design may be determined to be a roundabout.

3.   Prior to the completion of the Final Plat, the applicant shall obtain all necessary approvals from the Flood Plain Review Board for those portions of the development within the existing flood plain.

4.   The following fees shall be collected at building permit issuance for the uses within the development:  Poudre R-1 School Fees (residential only), Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community Park Fees (in lieu of dedication for residential uses only) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

5.   Any habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soil investigation.  The lowest habitable floor level (basement) shall not be less than three feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

6.   All habitable residential structures constructed with passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

The Planning Commission and the Development Services Team also recommend to the Board of County Commissioners that the Rezone of the Peakview Development from C (Commercial) and I (Industrial) to PD (Planned Development), File #05-S2523, be approved subject to the following conditions:

 

1.   The rezoning from C (Commercial) and I (Industrial) to PD (Planned Development shall be effective upon the recordation of the final plat of the Peakview Planned Land Division.

2.   The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Peakview Planned Development shall be based upon Exhibit A.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Item 1 as listed on the Consent Agenda and outlined above.

Motion carried 2-0.

 

 

2.  HIGH COUNTRY ESTATES AMENDED PLAT, RIGHT-OF-WAY VACATION, AND EASEMENT VACATION - #07-S2663:  This request is for an amended plat to reconfigure the boundary lines between four adjacent lots in order to relocate Lots 1, 2, and 3 of High Country Estates PUD to agree with existing monument records and to relocate Gopher Court to agree with the existing location.  In addition to the relocated right-of-way for Gopher Court, the 20-foot utility easement in the old Lot 2 and a portion of the golf course tract and the 10-foot utility easement in the old Lot 1 are to be vacated. 

 

There have been no objections to this proposal by surrounding neighbors. Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; Dale Greer, Land Surveyor of the Larimer County Engineering Department; the Larimer County Addressing Coordinator has reassigned addresses to be in compliance with addressing guidelines; and the Larimer County Engineering Department requests the road right-of-way dedication document and exhibit will be submitted for county review and be recorded concurrently with the amended plat.  In conjunction with the Utility Check Sheet, Poudre Valley REA stated that overhead or underground facilities require 10-foot easements on both sides.  The applicant should verify there are no overhead or underground facilities within the utility easements they are vacating.

 

The Development Services Team recommends approval of the Amended Plat of  Lots 1, 2, and 3, and a portion of the Golf Course, High Country Estates PUD and Easement Vacation  and Right-of-Way Relocation, subject to the following conditions and authorization for the Chair 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 August 26, 2007, or this approval shall be null and void.

2.   Prior to recordation of the Final Plat, the applicant shall address the following comment from the Larimer County Engineering Department, in a letter dated January 18, 2007:

Comment #1:  The road right-of-way dedication document and exhibit will need to be submitted for county review. We expect that the document will be recorded concurrently with the amended plat.

3.   Provide documentation that there are no underground or overhead utilities within the easements to be vacated in conjunction with the plat.

 

Ms. Mott explained that this item was pulled from consent because she received a request from the homeowners of Lot 1 to table this item.  She also explained that the homeowners of Lot 2 are not in favor of tabling the item, because they would like to sell the property.  Brian Nelson, Ayers Associates, Inc., addressed the Board and explained that the plat will only contain minor changes that will not significantly affect the homeowners.  He also felt that tabling the item would not help in this case because the homeowners of Lot 1 still need to sign the plat in order for it to be valid.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the High Country Estates Amended Plat, Right-Of-Way Vacation, and Easement Vacation.

Motion carried 2-0.

 

 

3.  COUNTRY CANINE MINOR SPECIAL REVIEW AND APPEAL - #06-Z1618 (TABLED FROM JANUARY 2, 2007):  This is a request for approval of a Minor Special Review for a canine daycare facility on a single-family residential lot generating fewer than 50 vehicle trips per day; and an appeal to 8.6.3.C.1 of the Land Use Code that requires asphalt, concrete, or similar material for parking areas.

 

The applicant seeks Minor Special Review (MSR) approval to operate a canine daycare business as a Pet Animal Facility on their single-family lot.  The business is currently in operation and staff informed the applicant that they would need to obtain formal approval for the use under the MSR process.  The Minor Special Review for this use is required by the Pet Animal Regulations, defined under Section 4.3.12 of the Land Use Code.

 

Pet Animal Facilities are not subject to the full Special Review process if the request meets certain standards that are considered to have a lower impact.  These include generating 50 vehicle trips or less per day and a commitment to restricting their clients to 10 or fewer dogs per day on site.  These restrictions are designed to lessen the possible impacts of such facilities on surrounding property owners.  In addition, this request also includes an appeal to 8.6.3.C.1 of the Land Use Code that requires asphalt, concrete, or similar material for parking areas for this type of use.  This request addresses the use as meeting Land Use Code requirements for a Minor Special Review, and a site plan review is required if the use is approved to address technical standards for issues such as parking lot design, landscaping, etc.

 

The Development Services Team recommends approval of the appeal to 8.6.3.C.1 of the Land Use Code that requires asphalt, concrete, or similar material for parking areas, to allow the applicant to use recycled asphalt and landscape timbers for the parking area, with a design to be approved during the site plan process.

 

The Development Services Team also recommends approval of the County Canine Minor Special Review for a pet animal facility on a single-family residential lot, subject to the following conditions:

 

1.   The site shall be developed consistent with the approved plan and with the information contained in the Country Canine Minor Special Review (File #06-Z1618) 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 Country Canine 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 the 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 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 reviews of 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 applicants shall comply with the terms and conditions of the Minor Special Review approval.

4.   Within 90 days of the date of approval, the applicant shall submit a Site Plan Application for review and approval by the county, or the use shall be discontinued.

5.   Within 90 days of the date of approval, the applicant shall provide plans for the parking area that uses recycled asphalt, landscape timbers and meets ADA standards if necessary, and a landscape plan in compliance with Section 8.5 standards.  These may be included with the site plan process.

6.   All applicable fees, including permit fees and the Transportation Capital Expansion Fee, shall apply to this use at the conclusion of the Site Plan Review.

7.   The applicant shall sign a Disclosure Notice to advise potential lot buyers of the restrictions placed on the Minor Special Review.

8.   The doggie day care operation shall be conducted in accordance with the Larimer County Noise Ordinance at all times.

9.   The applicant shall obtain and keep current the state required license and provide a copy for the county file.

10.   The applicant is limited to boarding10 dogs.

 

Mr. Wheeler explained the conditions of approval as outlined above.  He also stated that a concerned neighbor inquired about potential noise issues, but staff was able to answer those questions to the neighbors satisfaction.  Mr. Ryan, stated that a noise mitigation plan was submitted by the applicant, and the applicant was required to follow the daytime noise standards set by the Land Use Code. 

 

Meaghan Hanes, applicant, said that she was in agreement with staff regarding the conditions of approval, and she explained that there is an indoor play area for the dogs, which would help reduce noise in the area. 

 

Chair Wagner questioned the applicant about outdoor lighting, and hoped it would have minimal impact on surrounding neighbors.  Jared Hanes, applicant, explained that the lighting in the parking area would only be used during evening hours at a level that was safe for dog owners to drop off, and pick up their pet. 

 

Chair Wagner opened the hearing for public comment.  No one from the audience addressed the Board.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the appeal to 8.6.3.C.1 of the Land Use Code that requires asphalt, concrete, or similar material for parking areas.

Motion carried 2-0.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Country Canine Minor Special Review for a pet animal facility on a single-family residential lot, subject to conditions 1 through 10, as recommended by staff.

Motion carried 2-0.

 

 

4.  WATERS ZONING VIOLATION - #06-CC0163:  Mr. Gray explained that the property owners at 3004 Fairview Drive in Fort Collins 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.

 

Mr. Gray stated that the hearing was originally tabled from January 16, 2007, because the owner was not present.  Mr. Gray said that he has had several telephone conversations, left several messages, and left 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.  Mr. Gray said 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 effect on surrounding property values.  There is also life/safety and energy conservation concerns associated with the expired permit for the manufactured home.

 

Joy Waters, property owner, said that she has been successful in removing several vehicles, but there are still four cars and one trailer left on the property.  She said that mud and snow have caused a delay in removing the other vehicles.  Ms. Waters is hopeful that she will have all debris, including cars, removed from the property in three months.

 

At this time Chair Wagner opened the hearing for public comment.  No one from the audience addressed the Board.  Commissioner Gibson said that he would be willing to give the homeowner 90 days to clean up the property, but a longer extension request would be inexcusable. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find a violation exists, require compliance within 90 days, and authorize legal action if the 90 day deadline is not met.  Compliance will require that all outdoor storage of junk and debris be removed from the property, all vehicles be currently licensed to the occupants of the home or removed from the property, and complete the corrections to obtain a certificate of occupancy under permit #02-B0823.

Motion carried 2-0.

 

 

5.  THORNTON ANNEXATION APPEAL - #07-G0128:  This is a request for a determination to Sub-Section 4.2.1.D of Section 4.2 - Overlay Districts of the Larimer County Land Use Code from the Board of County Commissioners.  Section 4.2 of the Land Use Code provides for the establishment of Growth Management Overlay Zone Districts and Sub-Section 4.2.1.D provides the general requirements for such districts. In this case, the applicant is requesting the Board of County Commissioners consider accepting the determination of the City of Fort Collins specific disinterest in annexing the property.  The site is situated within the City of Fort Collins Growth Management Area (GMA) and contiguous with the City of Fort Collins municipal limits.  If the Board of County Commissioners accepts the city’s determination to not require annexation, the county may then accept the property owner’s application for a rezoning of the parcel.

 

The three acre parcel is located in the recently completed Northwest Area Plan.  The proposed subdivision is essentially consistent with the plan direction.  Any development of the site will need to comply with the standards applicable to the urban area, which includes the need to execute and record an agreement to annex as a part of the approval. 

 

The property owner approached the City of Fort Collins regarding the potential for annexation of the parcel as a possible solution to his use issues.  The City of Fort Collins has indicated in a letter dated January 3, 2007, from Cameron Gloss, Current Planning Director, that they have no interest in annexing the parcel at this time.  This letter meets the requirements of section 4.2.1.D.2.d of the Larimer County Land Use Code; therefore, the decision to allow the property owner to proceed with a rezoning request rests now with the Board of County Commissioners.

 

Staff finds no significant conflict in processing an application for rezoning on this site.  The applicants request to add one new lot is not a significant impact on development, and is consistent with the neighborhood.  Urban Area standards of development will apply to the development on this site.  An agreement to annex will be required as apart of any approval of a Planned Land Development (PLD) for this site. 

 

The Development Services Team recommends that the Board of County Commissioners accept the city’s determination for the Thornton property, 330 North Taft Hill Road, as presented, and thereby allow county staff to accept and process the application for land division of the subject site.

 

Don Leffler, Design Development Consultants, stated that the applicant wants to split the parcel into two lots, both of which will have water and sewer hook-ups. 

 

Chair Wagner opened the hearing for public comment.  No one from the audience addressed the Board.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners concur with the request and the City of Fort Collins’ determination to not require annexation at this time for the subject property.

Motion carried 2-0.

 

 

JONES ZONING VIOLATION - #06-CC0298:  Ms. Dionigi explained that as of today, all outstanding zoning violations had been resolved, and she requested that the Board vacate the appeal. 

 

 

The meeting recessed at 3:45 p.m.

 

 

 

LAND USE HEARING

(# 23)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Neil Gluckman, Assistant County Manager.  Chair Wagner presided and Commissioner Gibson was present.  Also present were: Karlin Goggin, Building Inspection; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk. 

 

 

1.  SAUK ROAD ADDRESS/ROAD NAME APPEAL - #07-CAC0001:  Ms. Goggin explained that property owners on Sauk Road request that the Board retain the current road name and not change it in accordance with the addressing resolution and staff’s recommendation. The Road Naming and Site Addressing System Resolution established standards and guidelines by which the Rural Address Improvement Project is carried out.  These basic premises have guided the decisions of staff with regards to recommending address changes in Larimer County.  There are five essential premises for the county requesting an address change.  They include: correcting non-sequential numbering; parity discrepancies (odds on one side, evens on the other); naming unnamed roads; road name hierarchy; and eliminating duplicated road names.  This appeal specifically pertains to duplicate road names.

 

In May 2006, county staff recommended the section of Sauk Road in Grand Mesa Estates be changed to comply with the adopted resolution regarding duplicate road names.  This prompted an appeal letter from Mr. and Mrs. Starman of 1906 Sauk Road, dated June 20, 2006.  The letter of appeal was sent to Tom Garton, Building Inspection, who received and reviewed this appeal request.  The letter by the appellants stated the two Sauk Roads do not connect but is consistent with many other roads of similar nature in Larimer County.  Mr. Garton made a determination to allow the two Sauk Roads to remain in August 2006.

 

After review by Spatial Data Research (SDR), the county addressing consultant, SDR felt the granting of the appeal was inconsistent with the Resolution and such determinations must be decided upon by the Board of County Commissioners.  For this reason, SDR has requested that the appeal be taken to the Board of County Commissioners.

 

Sauk Road has two separate branches, one off Highway 402 and the other off County Road 9.  These two roads, according to a plat of Grand Mesa Estates, were originally platted to connect and be a continuous road; however, the road was not built as platted and there are now two different accesses to these two different roads.  It is not feasible for these two roads to be connected because there are structures in this area.  The Sauk Road off Highway 402 has been established longer than Grand Mesa Estates, which was recorded in March 1979.  The first address of record is 1402 Sauk Road, established in 1974.

 

The original appellant, the Starman’s, stated all emergency services utilize Enhanced 911 and Computer Aided Dispatch (CAD).  These two methods guide responding units with precision and delays only occur as a result of human error.  The current CAD system shows Sauk Road as one continuous road which means a chance for error is definitely present.  On the other hand, the Rural Addressing Improvement Project shows two separate roads, one with access via Highway 402 and the other off County Road 9.  With that stated, this creates duplicate road names utilizing the same addressing grid system.  In compliance with the Resolution, project staff recommended and still recommends the Sauk Road accessing from County Road 9 be changed to a unique, non-duplicated, road name.

 

As stated previously by the original appeal to Mr. Garton, Sauk Road with two different branches is consistent with many other roads in Larimer County prior to this project.  This project has eliminated or is going to eliminate these exact types of duplications.  Roads already changed include Leslie Drive in Loveland; Juniper Lane in Estes Park; Colard Place in Lyons; and Buckhorn Court and Buckhorn Lane in Loveland to name a few.  There are many other duplicate road names currently recommended and in the process of change due to duplication.  Sauk Road is no exception to the duplication of road names.

 

Commissioner Gibson was hesitant to approve the denial of the Sauk Road appeal based on the information provided by staff.  He requested that staff find documentation on record with the Clerk and Recorder that specifically states whether the road was intended to connect.

 

James and Cheryl Baum, Rick Lamp, Alan Anderson, Arthur Trevethick, Bob Starman, and Jeff Young, all residents of Sauk Road, expressed their concerns regarding the potential road name change.  Several residents suggested that the images in CAD be updated in order to reflect the correct road layout.  They believe that an upgrade to CAD would fix the problem of lost emergency service vehicles on their road.  Ms. Baum thought that the Building and Planning Departments wanted to connect the two roads in the 1980s, but approval was denied.  She recommended that staff take a look at the hearings from that time to see if any decisions were made.  Mr. Trevethick is concerned that a new road name will be issued to a portion of Sauk Road, and if the two sections are ever connected in the future, there will be one continuous road with two road names. Tim Haag, Loveland Fire Marshall, stated that all emergency service vehicle drivers have made changes to their maps to reflect the correct road layout.  He stated that it would not be necessary to rename a portion of the road for the sake of emergency services. 

 

Commissioner Gibson said that he did not have enough information to make a decision at the hearing today.  Ms. Haag recommended that staff look for a recorded plat, deed of dedication, or findings and resolutions that may provide information regarding the future of Sauk Road. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners table the Sauk Road Address/Road Name Appeal to March 26, 2007, at 3:00 p.m. to provide more time to find survey data, engineering data, or to see if an easement has been vacated to determine if the two roads connect. 

Motion carried 2-0.

 

 

The meeting ended at 7:30 p.m.

 

 

 

TUESDAY, FEBRUARY 27, 2007

 

 

ADMINISTRATIVE MATTERS

(# 24 & # 25)

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Deni LaRue, Donna Hart, and Debra Unger, Commissioners’ Office; Major Bill Nelson, and Rich Williams, Sheriff’s Office; Wynette Cerciello, Human Resources Department; Charlie Johnson, and Dale Greer, Engineering Department; Dean Beers, Coroner’s Office; Gary Buffington, Parks and Open Lands Department; Candace Phippen, Planning Department; Rob Helmick, Principal Planner; Gael Cookman, Clerk and Recording Office; Dale Miller, Road and Bridge Department; Marc Engemoen, Public Works Department; and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  Bill Seaworth, resident on North Taft Hill Road, explained that he and other neighbors in the area have had issues with Aggregate Industries and their gravel pit for several years.  He claims that Aggregate is not following proper protocol in regard to noise mitigation and crushers are often placed on top of the pit, rather than inside.  He also explained that when a mandatory drain was installed in the pit, it caused residential wells to dry up to the east and south of the mining pit.  In conjunction, approximately three acres of alfalfa farm land on his property was submerged in four inches of standing water, killing his crop.  Mr. Seaworth has had several conversations with Aggregate Industries regarding these issues, but nothing has been done to resolve the problems as of this date.  Mr. Helmick explained that he has been in contact with Mr. Seaworth and other neighbors in the past regarding the problems with Aggregate Industries.  Mr. Helmick said that although personal property damages are not handled through the county, he would inform Aggregate Industries of the meeting with Mr. Seaworth and the Commissioners today.

 

Ms. Cookman stated that Ryan Workman, owner of Club Static, and Scott Brewster, manager of Club Static, are requesting that a transfer of ownership of the club take place between Mr. Workman and Mr. Brewster.  She explained that in 2002 Mr. Brewster wanted to obtain ownership of the club, but due to the outcome of a criminal background check, the county denied the request for transfer at that time.  Before proceeding with the current transfer application, Ms. Cookman wanted to give the applicants a chance to explain some of the previous issues to the Board.  Mr. Brewster explained that in 2002 there were several clerical errors on his background record that have since been corrected and other charges were dropped in court.  He has also been in contact with Lieutenant Andy Josey of the Sheriff’s Office, and the Sheriff’s Office now approves of the transfer.  The Board is now aware of the changes in the application for transfer of ownership and will consider approval of the transfer when it is officially brought before the Board at a later date.

 

 

2.  LEGAL MATTERS:  Executive Session (Tape #26)

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session regarding matters required to be kept confidential by federal or state law, or rules or regulations based on 24-6-402(4)(c) C.R.S.

Motion carried 3-0.

 

While in Executive Session, it was determined that the information discussed should have been open to the public.  A decision was made to repeat what was said in open session. 

 

Ms. Phippen explained that there is a zoning violation at 2020 N. College Ave. against Rob Breckenridge, of A One Rafting.  She explained that staff is in need of direction from the Board on how to proceed with this issue.  Discussion between the Board and staff ensued.

 

 

3.  APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 19, 2007:

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of February 19, 2007.

Motion carried 3-0.

 

 

4.  REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 5, 2007The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart. 

 

 

5.  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 February 27, 2007:

 

ABATEMENTS:  As recommended by the County Assessor, the following Petition for Abatement was denied: Worldmark, The Club (2 parcels).

 

02272007A001           INTER-GOVERNMENTAL CONTRACT BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION AND THE LARIMER COUNTY SHERIFF’S OFFICE

 

02272007D001           DEED OF DEDICATION BY H. TODD MOWRER AND LINDA S. MOWRER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

02272007D002           DEED OF DEDICATION BY MICHAEL R. JOSEPH AND CYNTHIA L. JOSEPH FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

MISCELLANEOUS:  Community Development Block Grant Application to the State Division of Housing; Separation and Release Agreement Between the Larimer County Board of Commissioners and Larimer County Employee.

 

LIQUOR LICENSES:  The following liquor license was approved and issued:  Aspen Lodge at Estes Park – Hotel and Restaurant with optional premises – Estes Park.

 

Motion carried 3-0.

 

 

6.  REQUEST TO WAIVE COUNTY GENERAL POLICY 902 PERFORMANCE EVALUATIONS:  Major Nelson explained that the Sheriff’s Office would like to eliminate mandatory performance evaluations for employees of the Sheriff’s Department.  He stated that there are disciplinary evaluation procedures that currently take place and are used in conjunction with the county policy of performance based evaluations.  The Sheriff’s Office feels that this duplicates efforts, which in turn causes merit increased to be completed in an untimely manner.  Ms. Cerciello explained that the Human Resources Department is willing to give the Sheriff’s Department an opportunity to try something other than the current county policy, on a trial basis, when it comes to employee evaluations.  Commissioner Gibson stated that he was in support of the waiver, on a trial basis, as long as the department identifies a standard process or set of criteria for evaluating employee performance. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a pilot program for the Sheriff’s Office resulting in a two year waiver from the County General Policy 902.

Motion carried 3-0.

 

 

7.  MATCHING FUNDS FOR BYRNE TECHNOLOGY GRANT:  Mr. Beers explained that the Byrne Grant is for the purchase of equipment and other technology within the Coroner’s Office.  The grant requires 25% matching funds, not already allocated in the department budget.  The Coroner’s Office is requesting funds of approximately $800 to match $2400 for a new forensic digital cameral, and cell phone data projector for the lab.  Mr. Beers stated that the Coroner’s Office is planning on repaying the county by way of offering a class, and charging a fee for other coroner offices throughout Colorado and Wyoming.  Some discussion among the Commissioners and Mr. Beers ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve matching funds of $800 to support the Byrne Technology Grant and permit the Coroner’s Department to repay these funds from class tuition costs.  The money will initially be taken from the Commissioner’s Special Projects Fund.

Motion carried 3-0.

 

 

8.  CHANGES TO THE 2007 REGULATIONS RELATING TO LARIMER COUNTY PUBLIC RECREATION AREAS AND FACILITIES:  Mr. Buffington stated that this item had been tabled from last week in order to provide more time for discussion.  After the meeting with Horsetooth Mountain Park staff, Commissioner Gibson felt the proposed recreation regulations were ready for approval.  Mr. Buffington explained that the changes will help with safety and management of parks and other recreation areas.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve changes to the 2007 regulations relating to Larimer County Public Recreation Areas and Facilities.

Motion carried 3-0.

 

02272007R002           REGULATIONS RELATING TO LARIMER COUNTY PUBLIC RECREATION AREAS AND FACILITIES

 

 

9.  SALE OF COUNTY OWNED FLOOD PARCELS LOTS 109, 110, AND 121, COTNER SUBDIVISION OF SYLVAN DALE:  Mr. Buffington explained that after the Big Thompson Canyon flood in 1976, approximately 150 parcels of land consisting of roughly 80 acres were purchased from landowners and deeded to the county.  In 2006, 60 of the parcels were identified and approved by the County Commissioners as surplus property that could be sold.  A priority system was approved as to who would have an opportunity to purchase the available parcels.  At this time, the county is ready to proceed with the sale of three flood parcels to Terry and Sandra Borger.  Other adjacent landowners were contacted regarding the potential sale of the parcels; there were no other interested parties.

 

Mr. Johnson explained that deed restrictions were placed on the parcels to ensure that no building would occur in the future.  At this time, some discussion among the Commissioners and Mr. Engemoen ensued. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution for the Conveyance and Quit Claim Deed for the sale of the identified county property.

Motion carried 3-0.

 

02272007R001           RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND QUIT CLAIM DEED TO TERRY W. BORGER AND SANDRA L. BORGER

 

 

10.  EXEMPTION FROM SECTION 5.7 OF THE LARIMER COUNTY LAND USE CODE REGARDING AMENDED PLATS FOR SELECTED PARCELS OF COUNTY OWNED FLOOD PROPERTY:  Staff explained that the flood parcels being sold by the county are appraised at an average of $5000, and the average cost to replat and divide a parcel is $4000.  The total cost to obtain these non-buildable flood parcels is unreasonable for citizens to purchase if the replat policy is not exempt.  This exemption would be a one time condition for only those flood parcels associated with the Big Thompson River Surplus Flood Property Project. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a one time exemption from Section 5.7 of the Larimer County Land Use Code regarding amended plats for selected parcels of county owned flood property only within the Big Thompson Canyon related to the Big Thompson River Surplus Flood Property Project. 

Motion carried 3-0.

 

 

11.  APPOINTMENT TO THE BOARD OF ADJUSTMENT:  Ms. Unger stated that Alfred Shilling resigned from the Board of Adjustment, and Samantha Mott, staff liaison, recommended that Jean Christman be appointed to fill the vacancy.  Jean Christman will serve on the Board of Adjustment until June 30, 2009.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the appointment of Jean Christman to the Board of Adjustment to fill an unexpired term ending June 30, 2009.

Motion carried 3-0.

 

 

12.  LEGISLATIVE UPDATE:  There were no legislative items to discuss.

 

 

Mr. Gluckman stated that an incorrect citation was mentioned before going into Executive Session at the beginning of the meeting, and a modification needed to take place.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners change the earlier citation for Executive Session from 24-6-402(4)(c) C.R.S. to 24-6-402(4)(e) C.R.S.

Motion carried 3-0.

 

 

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

 

 

14.  EXECUTIVE SESSION:  (Tape #26)

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402(4)(e) C.R.S.

Motion carried 3-0.

 

The Executive Session ended at 11:05 a.m., with no further action taken.

 

 

 

ADOPTION OF PUBLIC AND

GENERAL IMPROVEMENT DISTRICT BYLAWS

 (# 27)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rex Burns, Project Engineer.  Chair Wagner presided and Commissioner Gibson was present.  Also present were: Linda Sanders, Engineering Department; and Kristen Romary, Deputy Clerk. 

 

Mr. Burns explained that the purpose of the hearing is to approve new bylaws for Larimer County General Improvement District #15, Skyview South; Larimer County General Improvement District #17, Country Meadows; Larimer County Public Improvement District #19, Highland Hills; Larimer County Public Improvement District #20, Ptarmigan; and Larimer County Public Improvement District #30, Poudre Overlook.  Mr. Burns stated that in March of 2006, the Board of County Commissioners approved the standardization of bylaws for all Larimer County General and Public Improvement District advisory boards.  Each Improvement District has an advisory board with members appointed by the Board of County Commissioners made up of property owners within the district.  The purpose of the advisory board is to make recommendations to the Board of County Commissioners on the affairs of the district. 

 

Ms. Sanders said that letters were mailed to homeowners in each district on February 13, 2007.  The mailing included a copy of the bylaws, an application to the advisory board, and an announcement about the hearing this evening. 

 

Edward Cady, resident of Country Meadows, questioned whether the current advisory board members would continue to serve under the new bylaws.  Ms. Sanders explained that current members have the option to reapply along with all new applications.  Mr. Cady had several other questions for staff regarding changes to the bylaws.  Some discussion among the Board, staff, and Mr. Cady ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the bylaws for the Skyview South General Improvement District #15; Country Meadows General Improvement District #17; Highland Hills Public Improvement District #19; Ptarmigan Public Improvement District #20; and Poudre Overlook Public Improvement District #30.

Motion carried 2-0.

 

 

The meeting ended at 6:55 p.m.

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

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