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 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, APRIL 9, 2007

 

LAND USE HEARING

(#46)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioner Rennels was present.  Also present were:  Samantha Mott, Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Wagner opened the meeting with the Pledge of Allegiance.  There was no one in attendance from the public, so Chair Wagner did not ask for public comment on the County Budget and the Land Use Code.  Mr. Helmick then requested that the Carol Miller Appeal, File #07-G9132, be removed from the agenda as this applicant is no longer pursuing the appeal.   

 

Chair Wagner explained that both Items 1 and 2 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience. 

 

1.  LEGITS REZONING - #07-Z1634:   This is a request to rezone a 0.34 acre parcel from O-Open to E-Estate to avoid creating a split-zoned parcel.  On March 21, 2007, the Legits Rezoning request was presented to the Larimer County Planning Commission as a consent agenda item.  The proposed request remained on the consent agenda and received a unanimous recommendation for approval.  Since the Planning Commission Meeting there have been no modifications regarding the Legits Rezoning application.

 

The Planning Commission and the Development Review Team  recommends that the Board of County Commissioners approve the Legits Rezoning request (File #07-Z1634), subject to the following condition:

 

1.   The applicant shall complete the Amended Plat to combine the subject parcel with Lot 2 of Cedar Park 7th Filing.

 

 

2.  AMENDED PLAT OF LOT 2 CEDAR PARK 7TH FILING AND LEGITS BOUNDARY LINE ADJUSTMENT AND EASEMENT VACATION - #07-S2669:   This is a request for an Amended Plat of Lot 2 of the Cedar Park 7th Filing and an adjacent 0.34 acre metes and bounds lot to combine the two lots into one lot and vacate a portion of the 10 foot utility easement along the old lot line.  Currently there is a log home under construction that crosses the common lot line of the 0.34 acre parcel and Lot 2 of Cedar Park 7th Filing.  In order to resolve this encroachment Mr. Legits purchased the 0.34 acre parcel from the Forest Service and he has filed an application with Larimer County to combine the two lots.

 

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 Engineering Department Development Review Team; The Larimer County Addressing Coordinator, Planning & Building Services Division; and Dale Greer, Land Surveyor of the Larimer County Engineering Department.   

 

The Larimer County Department of Health and Environment stated that a new septic system needs to be installed and inspected prior to issuance of a certificate of occupancy for the new log home.   The Code Compliance Section has reviewed the proposal and has no objections to the request, but noted that there are two Code Compliance files connected with these properties.

 

The proposed plat amendment and boundary line adjustment to combine Lot 2 of the Cedar Park 7th Filing and an adjacent 0.34 acre metes and bounds parcel and vacate a portion of 10 foot utility easement along the old lot line will not adversely affect any neighboring properties or any County agency.  The Amended Plat/Boundary Line Adjustment will not result in any additional lots.  The staff finds that this request meets the requirements of Larimer County Land Use Code.

 

The Development Services Team recommends approval of Amended Plat of Lot 2 Cedar Park 7th Filing and Legits Boundary Line Adjustment File #07-S2669 and Easement Vacation, subject to the following condition(s) 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 October 9, 2007, or this approval shall be null and void.

2.   The existing log residence must be converted from a residence to an accessory building, prior to issuance of a final certificate of occupancy for the new log home.

3.   A new septic system needs to be installed and inspected prior to issuance of a certificate of occupancy for the new log home.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve Items 1 and 2, as listed on the Consent Agenda and outlined above.

 

Motion carried 2-0.

 

The meeting adjourned at 3:05 p.m.

 

 

TUESDAY, APRIL 10, 2007

 

ADMINISTRATIVE MATTERS

(#46 & 47)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Gary Buffington, and Lori Smith, Parks and Open Lands; Jim Reidhead, Rural Land Use Center; Chad Gray, Code Enforcement; Sue McNally, Information Technology Division; Glen Rathgeber, Ruth Coberly, and Cheryl Smith, Human Services; Jerry White, Engineering Department; George Haas, and Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Dave Gurtler addressed the Board with questions regarding the feasibility of obtaining a building permit to construct a building that will house his antique vehicles.  Mr. Gurtler stated that he has not actually applied for a permit, as he has been lead to believe that it will be denied, or at least placed on hold, until a decision is made by the court of appeals.  He asked that the Board provide him a written statement that the building permit is on hold pending the decision from the courts.  Some discussion ensued and Mr. Lancaster recommended that the Board consult with the County Attorney, prior to giving staff directions, as Mr. Gurtler's request is related to an open court case. 

 

2.  EXECUTIVE SESSION:  Affidavit provided.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The executive session ended and Ms. Haag explained that the county is involved in a court case with Robert Breckenridge, dba A-1 Wildwater Rafting, and that Mr. Breckenridge has requested permission to continue operating his business without first presenting his site plan review to the Planning Department.

                    

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners deny Mr. Breckenridge's request to continue business operations at 2020 N. College Avenue, Fort Collins, Colorado.

 

Motion carried 3-0.

 

3.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 2, 2007:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 2, 2007, with the exception of the Land Use Hearing, as she was not in attendance at that particular meeting.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Land Use Hearing minutes for the week of April 2, 2007, as amended.

 

Motion carried 2-0; Commissioner Rennels abstained.

 

 

4.  REVIEW THE SCHEDULE FOR THE WEEK OF APRIL 16, 2007:  Ms. Hart reviewed the upcoming schedule with the Board.

 

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 April 10, 2007:

 

ABATEMENTS:  As recommended by the County Assessor, the following abatements were approved:  Kristi L. Hattig; Michael Y. Meganck. 

 

04102007A001           WARRANTY MEMORANDUM FOR THE AMENDED SPECIAL REVIEW FOR DRY CREEK STORAGE P.U.D. BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANNA DEE HALLAM, PRESIDENT OF AMERICAN STORAGE TRAILER LEASING OF FORT COLLINS, INC.

 

04102007A002           ADDENDUM TO UTILITY POTHOLLING CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SAGE TELECOMMUNICATIONS CORPORATION

 

04102007A003           INMATE COMMISSARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KEEFE COMMISSARY NETWORK, LLC.

 

04102007A004           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR WESTVIEW II R.L.U.P. (04-S2326) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO BEEF, INC.

 

04102007R001           FINDINGS AND RESOLUTION APPROVING THE UNITED CHURCH OF CHRIST LAND CONSOLIDATION PLAT

 

04102007R002           FINDINGS AND RESOLUTION APPROVING THE JIBBEN LOT SIZE APPEAL

 

04102007R003           FINDINGS AND RESOLUTION APPROVING THE CITY OF GREELEY PIPELINE FLOOD PLAIN SPECIAL REVIEW

 

04102007R004           FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF TIME TO OBTAIN PRELIMINARY PLAT APPROVAL FOR EAGLE RIDGE ESTATES CONSERVATION DEVELOPMENT

 

04102007R005           FINDINGS AND RESOLUTION APPROVING THE POWELL BOUNDARY LINE ADJUSTMENT

 

04102007R006           FINDINGS AND RESOLUTION APPROVING THE YMCA OF THE ROCKIES ESTES PARK CENTER MASTER PLAN

 

04102007R007           FINDINGS AND RESOLUTION DENYING THE JONES SPECIAL EXCEPTION

 

04102007R008           RESOLUTION ADOPTING AMENDMENTS TO THE LARMIER COUNTY LAND USE CODE

 

04102007R009           RESOLUTION ADOPTING AMENDMENTS TO THE LARMIER COUNTY LAND USE CODE (RE: THE CACHE LA POUDRE FLOODPLAIN IN THE GROWTH MANAGEMENT AREA)

 

04102007R010           RESOLUTION ESTABLISHING CHAIR OF BOARD OF COUNTY COMMISSIONERS AS PROBLEM SOLVING PROCESS REVIEW FOR COUNTY MANAGER’S COVERED DIRECT REPORTS

 

04102007R011           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR WESTVIEW II RURAL LAND PLAN

 

04102007R012           FINDINGS AND RESOLUTION APPROVING THE THORNTON ANNEXATION DETERMINATION APPEAL

 

04102007R013           FINDINGS AND RESOLUTION APPROVING THE SUNRISE RANCH SPECIAL REVIEW AND APPEALS TO SECTION 8.6 AND 9.7, AND DENYING THE APPEAL TO SECTION 8.1.5 OF THE LARIMER COUNTY LAND USE CODE

 

04102007R014           FINDINGS AND RESOLUTION APPROVING THE SUNRISE RANCH SPECIAL EXCEPTION

 

04102007R015           FINDINGS AND RESOLUTION APPROVING THE PEAKVIEW PLANNED LAND DIVISION PRELIMINARY PLAT AND REZONING TO PLANNED DEVELOPMENT

 

04102007R016           RESOLUTION APPROVING AMENDMENTS TO THE LARIMER OCUNTY URBAN AREA STREET STANDARDS

 

04102007R017           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 4B AND 5B OF POUDRE CITY SUBDIVISION

 

04102007R018           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

MISCELLANEOUS:  Westview II Rural Land Use Plan (04-S2326) Final Plat; Department of Human Services Payments for February 2007; Approve Revisions to the Financial Policy and Procedure 320.18C - Interest on County Funds; Public Trustee 4th Quarter Report and Annual Report for 2006.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued:  The Rock Inn - Hotel and Restaurant - Estes Park; Glen Haven General Store - 3.2% - Glen Haven; La Chaumiere - Hotel and Restaurant - Lyons; Glen Haven Inn - Hotel and Restaurant - Glen Haven; 287 Discount Liquors - Retail Liquor Store - Fort Collins; JJ’s Lounge - Tavern - Fort Collins; Overland Foods - 3.2% - LaPorte.  The following action was approved:  Windjammer Roadhouse - Modification of Premises - Loveland.

 

Motion carried 3-0.

 

6.  NEW POSITIONS AND CONVERSION FROM SEASONAL TO LIMITED-TERM POSITIONS (LTE’s) FOR PARKS AND OPEN LANDS:  Mr. Buffington explained that two Full Time Employees are necessary to manage and maintain the newly acquired Hermit Park; he also proposed that four seasonal positions be converted to LTE positions, and stated that all positions will be funded internally.   Some discussion ensued regarding whether or not an employee would reside at Hermit Park, and Mr. Buffington stated that there is a cabin located on the park grounds and it is likely that an employee would reside there to assist with maintenance, etc.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioner approve two Full Time Employees (Park Manager and Parks Maintenance Worker I) for the Parks and Open Lands Department to support the Hermit Park area.

 

Motion Carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioner approve one Limited Term Employee (Park Ranger Commissioned) for the Parks and Open Lands Department.

 

Motion Carried 3-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioner approve one Limited Term Employee (Open Lands Park Ranger) for the Parks and Open Lands Department.

 

Motion Carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioner approve one Limited Term Employee (Park Ranger II) for the Parks and Open Lands Department.

 

Motion Carried 3-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioner approve one Limited Term Employee (Trail Worker I) for the Parks and Open Lands Department.

 

Motion Carried 3-0.

 

7.  INCREASE IN HUMAN SERVICES FTE’S BY ONE FOR THE OPTIONS FOR LONG TERM CARE (OLTC) PROGRAM:  Ms. Coberly explained the need for a lead worker to assist Cheryl Smith in managing the OLTC program.  She noted that Ms. Smith currently supervises 14 individuals and that a recent state audit revealed that their agency must improve in the area of case monitoring.  Ms. Coberly explained that Ms. Smith needs support in providing staff training, case monitoring, and backup for staff; a lead worker would provide this support.  Ms. Coberly stated that the position would be funded within the contract funding from the State.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve an additional FTE for the Larimer County Department of Human Services for the purpose of hiring a lead worker for the Options For Long Term Care Program.

 

Motion carried 3-0.

 

8.  APPOINTMENTS TO BOARDS AND COMMISSIONS:  Ms. Tokarz presented the following appointments to Boards and Commissions and requested approval on the same: 

 

Agricultural Advisory Board:  William Spencer, to fill a vacancy of the remainder of a three-year appointment, beginning April 10, 2007, and expiring November 30, 2007. 

 

GID #15 Skyview:  Jack Harper, and Randy Kreager-Schmidt, appointed for a four-year term, beginning April 10, 2007, and expiring November 30, 2011; and Kathryn Schwindt, appointed for a three-year term beginning April 10, 2007, and expiring November 30, 2010. 

 

GID #17 Country Meadows:  Bruce Malloy and Fred Roedger, appointed for a four-year term, beginning April 10, 2007, and expiring November 30, 2011; and Stephen Booth, appointed for a three-year term beginning April 10, 2007, and expiring November 30, 2010. 

 

PID #19 Highland Hills:  William Miller and Dean Parson, appointed for a four-year term, beginning April 10, 2007, and expiring November 30, 2011; and John DilFalco, appointed for a three-year term beginning April 10, 2007, and expiring November 30, 2010. 

 

Jack Harper, and Randy Kreager-Schmidt, appointed for a four-year term, beginning April 10, 2007, and expiring November 30, 2011; and Kathryn Schwindt, appointed for a three-year term beginning April 10, 2007, and expiring November 30, 2010. 

 

PID #29 Vine Drive:  Amy Reader, appointed to fill an un-expired four-year term, beginning April 10, 2007, and expiring November 30, 2011. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the appointments to the General Improvement Districts and Public Improvement Districts as outlined above.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the appointment to the Agricultural Advisory Board as outlined above.

 

Motion carried 3-0.

 

10.  DISCUSSION OF PENDING LEGISLATION:  Mr. White presented two letters of support for House Bill 1361, Concerning the Implementation of Additional Requirements to Verify the Validity of State Income Tax Credit Claimed by a Taxpayer for Donating a Conservation Easement in the State of Colorado.  Mr. White requested that the Board authorize the Chair to sign the letters, which will then be forwarded to the local Senator’s and Representative’s and to Representative Joel Judd, member of the House Finance Committee.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the letters of support for HB 1361, and authorize the Chair to sign the same.

 

Motion carried 3-0.

 

Mr. Lancaster then presented HB 1341,  Concerning the Colorado Oil and Gas Commission, and asked if the Board wished to take a stand on this bill. Commissioner Rennels stated that she would prefer that the requirement which states that “no more than four members of the commission shall be members of the same political party” be removed from the bill, as, in her opinion, the members of the commission should be selected based solely upon their expertise. Some discussion ensued.  Mr. Lancaster stated that the bill had already been reengrossed to include all amendments, and that the requirement in question was already in place as part of the original bill.  The Board agreed that the changes reflected in the bill were substantial and should be supported.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve a letter of support for HB 1341, and authorize the Chair to sign the same.

 

Motion carried 3-0.

 

A brief discussion then ensued regarding the Udall Bill, and Mr. Lancaster noted that he would report back to the Board with responses from the other potentially affected counties to see if they could take a united approach with regards to this bill.

 

 

10.  WORKSESSION:  There were no worksession items to discuss.

 

11. COMMISSIONER ACTIVITY REPORTS:  The Board discussed their attendance at events during the past week.

 

12.  LEGAL MATTERS: 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session in accordance with 24-6-402(4)(b) to confer with the County Attorney for the purpose of receiving legal advice on specific legal questions.

 

Motion carried 3-0.

 

 

The meeting adjourned at 11:25 a.m., with no further action taken.

 

 

THURSDAY, APRIL 12, 2007

 

 

PUBLIC IMPROVEMENT DISTRICT

HEARING FOR PRAIRIE TRAILS

(#48)

 

 

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

 

Mr. Burns explained that the reason for the hearing was to create a Public Improvement District (PID) for the Prairie Trails Subdivision.  If the Commissioners approve the creation of the district at the hearing, then this item will be added to the ballot in November, with PID fees beginning in 2008.  Mr. Burns stated that the streets are currently in good condition, but the creation of a PID is a great way to ensure the quality of the road does not deteriorate.  Ms. Sanders explained that she received two letters in support of the PID from residents of Prairie Trails who were unable to attend the hearing.

 

Mr. Burns stated that 56 lots are located in the proposed district and 70.4% of the property owners signed the petition in favor of the improvement district.  Mr. Burns said that supporters generally feel that a PID is a fair way to generate the money to pay for road improvements and traffic calming improvements as well.  Those opposed say this is not an equitable way to assess the costs since some properties have more frontage footage than other properties. 

 

Jim Hargrave, Prairie Trails resident, stated that he is not in support of the PID because of documentation given to him when he purchased his home.  Mr. Hargrave referenced a Planning Commission meeting held on May 19, 2004, related to road maintenance in the Prairie Trails Planned Unit Development (PUD).  He explained that maintenance of Chuckwagon and Single Tree Drives will continue to be the responsibility of the Homeowners Association (HOA), and because his property is not part of the HOA, he does not think he should have to pay for PID fees.  Mr. Hargrave also read a letter dated June 26, 2003, written to clarify an agreement that states the property owners were not responsible for any maintenance of the Prairie Trail’s PUD roads. 

 

At this time, Commissioner Rennels explained that the creation of a PID is not associated with the HOA and if the PID passes in the November election, it does not tie homeowners to the HOA guidelines. 

 

Dan Clark, Al Kogler, Robert Huffsmith, Steve Mclaughlin, and Mike Overfelt, residents of Prairie Trails, spoke in support of the creation of a public improvement district.  They agreed that a PID is a great way to accrue the funds necessary for future road improvements.  Some explained that it would only be a matter of time before improvements would need to be made.  Mr. Overfelt explained that the homeowners in the Prairie Trails Subdivision are not road experts and it is in the best interest of the community to create a PID. 

 

Commissioner Gibson explained that if the PID is approved in the election, homeowners have the ability to request that they be removed from the agreement through an appeals process.  He stated that the Commissioners can agree to move forward with the district today, but cannot exclude any homes from the agreement at this time.  Some discussion among staff and the Board ensued regarding the documentation presented by Mr. Hargrave.  Chair Wagner explained that there is an advantage to being a part of the PID, while still being excluded from the HOA.  Commissioner Rennels agreed with Chair Wagner and stated that high quality road conditions will increase property values.

 

M O T I ON

Commissioner Gibson moved that the Board of County Commissioners adopt the Resolution Approving Petition for the Organization of Larimer County Prairie Trails Public Improvement District No. 33.

Motion carried 3-0.

 

04122007R001           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY PRAIRIE TRAILS PUBLIC IMPROVEMENT DISTRICT NO. 33

 

 

The meeting ended at 7:15 p.m.

 

 

 

 

 

__________________________________________

                        KAREN WAGNER, 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.