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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/18/07  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, June 18, 2007

 

 

land use hearing

(#76 & #77)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Pro-Tem Rennels presided and Commissioner Gibson was present.  Also present were:  Doug Ryan, Environmental Health Department; Dave Shirk, Estes Park Community Development Department; Traci Downs, Engineering Department; Samantha Mott, and Sean Wheeler, Planning Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk. 

 

Chair Pro-Tem Rennels 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 Pro-Tem Rennels explained that Item 1, Habitat for Humanity Rezoning and Minor Subdivision, was listed on the schedule to be removed from the agenda.  Chair Pro-Tem Rennels then explained that Items 2 through 7 were on consent, and would not be discussed unless requested by the Board, staff, or members of the audience. 

 

 

2.  ROCKY POINT CONDOMINIUMS SUPPLEMENT 1:  This is a request to finalize a condominium map.  Staff approved the Rocky Point Development Plan (DP 03-05) in June 2003, and revised in November 2004.  There has been approval for four units and one has been finalized.  This map will allow for the sale of one additional unit.  Two more supplemental maps will follow (state law prohibits the approval and recordation of individual condominium units prior to installation of drywall, therefore condominium maps are shown in phases).

 

Staff recommends approval of the requested Rocky Point Supplemental Condominium Map #1 conditional to:

 

  1. Compliance with the approved Preliminary Condominium Map.
  2. Erosion control measures shall be implemented in the field prior to recordation of the map.

 

 

3.  REED’S SUBDIVISION LOTS 39 & 40 AMENDED PLAT:  This is a request to re-align the boundary between Lots 39 and 40 of the Reed’s subdivision.  Lot 40, the eastern lot, is currently developed with a single-family dwelling and a detached garage with a small apartment.  A portion of the house encroaches onto Lot 39.  The garage was built in the mid-1990’s, and was permitted as a garage.  The previous owner built an illegal apartment shortly thereafter, thus creating a non-conforming structure.  The current owner purchased the property with the intention of keeping the apartment.  In order to do so, the lot line needs to be adjusted so the house is on one lot, and the garage/apartment is on the other lot, thus leaving each resultant lot with one dwelling.  This will also require building permits through the Larimer County Building Department.  The new lot line will have a roughly east-west orientation following the centerline of an existing water easement.  Upon recording of the plat, both lots will be fully compliant with the Estes Valley Development Code.  Staff recommends approval of the requested Amended Plat of Reed’s Subdivision subject to the conditions recommended by the Planning Commission.

 

On Tuesday, May 15, 2007, the Estes Valley Planning Commission found:

 

  1. Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the County Treasurer’s Office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”
  2. This proposal complies with applicable sections of the Estes Valley Development Code.
  3. Approval of this plat will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code.
  4. This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.
  5. Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void.
  6. This is a Planning Commission recommendation to the Board of County Commissioners.

 

The Planning Commission recommends approval of the proposed Amended Plat of Lots 39 and 40 of Reed’s Subdivision conditional to: 

 

  1. Prior to recordation of the plat, the applicant shall submit an application for building permit for the apartment in the detached garage.  This building permit application shall also provide for relocation of the existing sheds to meet building setback requirements.
  2. Full compliance with memo from Upper Thompson Sanitation District to Dave Shirk dated April 18, 2007.

 

 

4.  CHARLES HEIGHTS LOTS 4, 5, & 10 AMENDED PLAT:  This is a request to rezone Lot 4 from “E-1” Estate to “RE” Rural Estate, combine Lots 4 and 5, vacate a portion of the right-of-way, and dedicate easements.  The right-of-way to be vacated is not where the road is actually located, but the easements being dedicated are.  Easement “B” provides space for an emergency turn-around. 

 

Staff recommends approval of the requested rezoning of Lot 4 Charles Heights and Amended Plat of Lots 4, 5, and 10 Charles Heights subject to the conditions recommended by the Planning Commission.

 

On Tuesday, May 15, 2007 the Estes Valley Planning Commission found:

 

  1. Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the County Treasurer’s Office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”
  2. This proposal complies with applicable sections of the Estes Valley Development Code.
  3. Approval of this plat will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code.
  4. This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.
  5. Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void.
  6. This is a Planning Commission recommendation to the Board of County Commissioners.

 

The Planning Commission voted unanimously to recommend approval of the proposed rezoning of Lot 4 Charles Heights and Amended Plat of Lots 4, 5, and 10 Charles Heights.

 

 

5.  BATH MINOR LAND DIVISION - #07-S2690:  The applicants propose that the Board of County Commissioners approve a Minor Land Division (MLD) which would allow them to divide the 40 acres they own into two parcels.  The two parcels would each include an existing residence one parcel would be 30 acres and the other would be 10 acres.  The parcels have their own utilities and access off of CR 60.  The site is adjacent to the corporate limits of the Town of Wellington to the north. 

 

There are two outstanding issues associated with this request.  First, the entire site, except for two small areas adjacent to CR 60, is in the floodplain of Indian Creek/Boxelder Creek, and the two structures were issued permits.  There is, however, a shed or barn building on the proposed Lot 1 which was apparently built without a building permit.  This will need to be rectified as outlined in the memo from Code Compliance prior to recording the plat.  The Engineering Department has indicated the plat will need to be modified to reflect the additional Right of Way to be dedicated and to reflect that the lots are located in the floodplain of Indian Creek/Boxelder Creek. With resolution of the two above issues the application is consistent with the code and regulations.  The existence of the two residences and division of the property will not have any additional impact on the land or surrounding area.  The application meets the approval criteria for a Minor Land Division in that the proposal is not in an approved subdivision of another plat approved by the county.  The proposed lots meet the minimum lot size for the O-Open zoning district, the access meets the standards of the county and there are no new or additional impacts that result from the proposed division.  

The Development Services Team recommends approval of the Bath Minor Land Division 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 December 18, 2007, or this approval shall be null and void.
  2. The plat shall be revised to reflect the needed half width of Right of Way for CR 60.  The Right Of Way shall be 40 feet.  The applicant shall obtain all necessary permits and approvals, including flood plain approval or remove the barn/shed on the proposed Lot 1 prior to the recording of the plat for this MLD. 

 

 

6.  FROSHINN MINOR SPECIAL REVIEW EXTENSION OF CONDITION OF APPROVAL - #06-Z1619:  This is a request for an extension of one of the Conditions of Approval for the Frohsinn Minor Special Review.  The applicant requests approval to extend the period for obtaining all outstanding building permits and inspections for all previous work done in the existing barn.  As a condition of approval, the county gave the applicant 90 days from the date of approval on January 16, 2007, to obtain the permits.  The applicant has hired an architect to draw plans for the new residential use and the Accessory Living Area.

 

The applicant has indicated she would like to have the same contractor process the other required building permits for the barn.  However, the 90-day deadline has passed.  The applicant is in the process of hiring a general contractor and has asked for an extension of the deadline until August 30, 2007, to address the outstanding building permit issues.  Staff recommends extending the deadline until November 30, 2007, giving the applicant a full six months to hire a contractor and resolve the permit requirements.

 

The Development Services Team recommends approval of the Frohsinn Minor Special Review Extension Appeal to no later than November 30, 2007.  All other conditions of approval related to this application remain in effect.

 

 

7.  FARM AT BLUE MOUNTAIN MEADOWS AMENDED PLAT OF LOTS 1, 2, 4 AND 6 THROUGH 29 - #07-S2693:  This is a request for an Amended Plat to revise the building envelopes of Lots 1, 2, 4, and 6-29, in the Farm at Blue Mountain Meadow Subdivision. The new building envelopes will all meet or exceed the minimum setback requirements for the FA-1 Farming zoning district.  The lots will maintain larger setbacks from the rear property line in keeping with the intent of the original building envelopes.

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; the Larimer County Engineering Department; and Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat.

 

The proposed plat amendment of the Farm at Blue Mountain Meadow will not adversely affect any neighboring properties or any county agency.  The Amended Plat will not result in any additional lots.  Staff finds that this request meets the requirements of Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of the Farm at Blue Mountain Meadow, 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 December 18, 2007, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

3.   The Final Plat shall include a signature block for all property owners and any lien holders.  They will also need to provide the Planning Department with an Ownership and Encumbrances for the affected lots.

4.   Prior to recordation of the Final Plat the applicant shall revise the plat to include the correct format for the Surveyor’s Certificate and the Board of County Commissioners signature block.

5.   Prior to recordation of the Final Plat the applicant shall revise the plat to include a note that all lots are subject to the same restrictions, covenants, and regulations as set forth in the plat of record for the Farm at Blue Mountain Meadow.

6.   Prior to recordation of the Final Plat the applicant shall revise the plat by changing the portions of the building envelopes for Lots 4, 20, and 21 where the building envelope extends into the 15-foot drainage easements.

7.   Prior to recordation of the Final Plat the applicant shall revise Note #5 on sheet 1 from ‘the entire site is zoned C’ to ‘the entire site is zoned FA-1’.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 2 through 7, as listed on the Consent Agenda and outlined above.

Motion carried 2-0.

 

 

8.  MONROE EXCAVATION AUTHORIZATION - #07-G0138:  This is a request by the applicant, Monroe Excavating, to continue quarry operations while an application for special review is pending.

Monroe Excavating is currently operating a gravel pit/quarry at this site.  They are currently leasing the property from the owner, P and E Investments.  Last year the owners and REA submitted an application to the county for Location and Extent and an MLD to allow REA to place a needed substation on a one acre lot to be divided from the overall ownership.  As a part of the review it was determined that there were outstanding code compliance issues with the property including junk and an unpermitted mobile home.  As a part of the further inquiry with both the land owner and Monroe Excavating it was determined that the mining operation on the site had been commenced without prior county and state approval.  As a result of these determinations the platting of the site was delayed until an application for special review on the mining was submitted.  The plat has now been recorded and an application for special review for mining has been accepted for processing.

 

The applicant, Monroe Excavating, is requesting that the Board of County Commissioners allow the business to continue operating at the site while the special review application is being processed.  The basis for this request is a documented need for the material in the immediate area.  The applicant has identified several customers who have a need for material and might be impacted either by cost or availability if the pit/quarry is not allowed to continue its operation. 

 

The Larimer County planning staff usually coordinates with applicants if a violation exists and sometimes allows under certain circumstances and conditions to continue to operate while an application is pending.  However, staff believes that this case is substantially different.  As a mining operation, there will continue to be a physical disturbance of the site and environment with impact on nearby landowners.  Because of this, staff is requesting the Board of County Commissioners make a specific determination regarding the appropriateness of allowing this operation to continue while the special review application is proceeding through the review and hearing process. 

 

The Development Services Team in this instance has little upon which to base a recommendation to the Board of County Commissioners.  There are obviously competing interests in this case.  The users of the material would prefer for economic and convenience reasons to see the pit/quarry continue to operate pending action on the special review.  Those who are opposed see the impacts from noise and dust as not being addressed for at least another summer.  If the Board of County Commissioners believes that the operation can continue while being a “good neighbor” until approval, then it would be reasonable to allow the operation to continue.  The counter position is that if the operation is not in a position to be a good neighbor then the operations should be ordered to cease until permits are in place.  There are also outstanding state permitting issues which must also be addressed.  Staff is not in a position to advise the Board of County Commissioners on the status or disposition of actions that state agencies may take or will take as the application proceeds. 

 

Mr. Helmick outlined the current outstanding code compliance issues, and explained that much of the junk and debris has been removed from the site.  He explained that staff is not giving a recommendation to the Board because the situation is so unique.  Michael Chalona, Land Images Inc., explained that they have received 148 signatures from neighbors and local businesses in support of the continuation of the excavation project.  He explained that Monroe Excavating wants to be a good neighbor to those in the surrounding area and said that they have voluntarily suspended operations.  They are also willing to make changes to the Special Review, will decrease hours of operation, and will only crush materials during the week.   Jeff Hosea, Land Images Inc., explained that there will be no new disturbances to the land since operations will only continue in the current area.  Also, there will be no increase in vehicle trips to and from the site. 

 

At this time, Chair Pro-Tem Rennels opened the hearing for public comment.  Ed Seward said that he does not want the excavating to continue at the Monroe site.  He believes that the Monroe Excavating site is currently in violation of the Larimer County Land Use Code, which poses safety issues as well.  Also, Mr. Seward said that there is an aroma of dust at his residents due to the work and he often hears operations until 7:30 p.m.  Earl Fawcett does not want operations to continue and believes that underage workers are running the heavy machinery.  Kevin Manke said that he was concerned with where the actual property lines are since he recently had a land survey completed on his property.  He also feels that the operation is too noisy and is an eyesore.  Jim Develin would also like to see the application denied and he believes that if operation continues, Monroe Excavating would be able to do so without guidelines or restrictions. 

 

Jodean Sandquist and Loucille Schmitt recommend continuing the operations at the Monroe site and said that there is a need for the product. Ms. Sandquist also mentioned that the mine has been in existence for a very long time.  Gene Barker spoke in regard to how the mine began its work without a permit. 

 

Chair Pro-Tem Rennels closed public comment and Commissioner Gibson asked staff why the current mining operation is considered illegal.  He also asked if any money was being set aside for future reclamation of the site.  Discussion among staff and the Board ensued.  At this time there was a request to reopen public comment.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner reopen public comment.

Motion carried 2-0.

 

Ed Seward said that he believed even a mining site less than ten acres requires a permit to operate.  Chair Pro-Tem Rennels closed public comment and Mr. Gray presented photos of the property and explained that most of the debris had been removed from the site. 

 

Chair Pro-Tem Rennels asked staff if conditions of approval could be added to the Monroe Excavation Authorization to provide more guidelines to the operation.  Discussion among the Board and staff ensued.  Commissioner Gibson said that he cannot support the request to continue operations unless guidelines are in place.  The conditions of approval, suggested by staff, to be included in the Monroe Excavation Authorization, are as follows:

 

  1. No weekend operations
  2. Fence and notice the highwall at all times
  3. No recycling of material on site
  4. Hours of operation are from 8:00 a.m. to 5:30 p.m.
  5. Remove and/or screen junk from public view
  6. Obtain and maintain current NDPES and APEN permits
  7. Continue to pursue the state MLRD permit
  8. Excavation may occur only on the REA site; crushing may occur on the other site
  9. Mining operations shall be set back 30 feet from the external boundary (does not set back from internal REA boundary)
  10. Continue to pursue the Special Review
  11. This type of operation may only occur through November 1, 2007, or legal action will be taken by the county.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve continued operations at the Monroe Excavation Deadman site pending final action on their special review application and subject to the recommendations outlined by staff with authorization for the county attorney to seek legal action by November 1, 2007, if all conditions are not met.

Motion carried 2-0.

 

 

The meeting ended at 4:55 p.m.

 

 

 

TUESDAY, JUNE 19, 2007

 

 

ADMINISTRATIVE MATTERS

(#78 & #79)

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Pro-Tem Rennels presided and Commissioner Gibson was present.  Also present were:  Deni LaRue, Donna Hart, and Diane Tokarz, Commissioners’ Office; Gerald Blehm, Health Department; Dale Miller, Road and Bridge Department; Stephen Gillette, and Linda Hayden, Solid Waste Department; Babette Cornell, Facilities Department; Marc Engemoen, Public Works Department; Larry Timm, Chad Gray, Matt Lafferty, and Candace Phippen, Planning Department; Karlin Goggin, Building Inspection; Mark Peterson, and Kyle Arend, Engineering Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  Michael Howard, resident representing Pheasant Run Road and Meining Road, said that residents are still concerned with the potential name and number changes to these county roads.  Mr. Howard presented another option to the Board and asked for their consideration regarding the same.  Chair Pro-Tem Rennels explained that this item will be discussed with staff later in the meeting.

 

Jackie Adolph, Robin Davis, and Marcus Meyer explained that they are concerned with the impact an application for uranium mining in Weld County will have on residents of Larimer County.  Ms. Adolph said that water quality, health, and safety are a few of their concerns.  Mr. Blehm explained that although the application will be held in Weld County, Larimer County has been in contact with Weld and established a relationship where they will be in close contact with each other at every step of the application process.  Mr. Blehm also said that there will be opportunities for the public to comment on the issue throughout the application process as well. 

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 4, 2007

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of June 4, 2007.

Motion carried 2-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 25, 2007Ms. Hart reviewed the upcoming schedule with the Board.

 

 

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 June 18, 2007:

 

ABATEMENTS:  As recommended by the County Assessor, the following Petitions for Abatement were approved: Barry L. Ploog; Marty D. and Lee G. McClure; Theodore A. and Cynthia S. Kuck; Carter Lake Marina Inc.; David and Linda Ward; and Fox Ridge at Severance LLC ET AL.

 

06192007A001           BENEFITS CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND HAYS COMPANIES

 

06192007A002           GRANT AGREEMENT BY AND THROUGHT THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT

 

06192007A003           COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT BY AND BETWEEN THE BOARD OF COMMISSIONERS OF LARIMER COUNTY AND THE LOVELAND HOUSING DEVELOPMENT CORPORATION

 

06192007A004           LARIMER COUNTY HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451 BY AND BETWEEN THE LARIMER COUNTY INTERAGENCY OVERSIGHT GROUP

 

06192007A005           DEVELOPMENT AGREEMENT FOR PEARL VISTA CONSERVATION DEVELOPMENT (FILE #05-S2427) BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY; WARREN D. AND BARBARA J. KROEKER; AND PEARL VISTA PROPERTIES OWNER’S ASSOCIATION

 

06192007D001           DEED OF DEDICATION BY DOUGLAS E. STARKS AND NANCY STARKS FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

06192007D002           DEED OF DEDICATION BY LITTLE THOMPSON WATER DISTRICT AND CENTRAL WELD COUNTY WATER DISTRICT FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

06192007D003           DEED OF DEDICATION BY THE CITY OF FORT COLLINS FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

06192007D004           DEED OF DEDICATION BY JOHN WILLIAM HERSH FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

06192007D005           DEED OF DEDICATION BY PHILIP C. SPRAGUE AND CONNIE F. SPRAGUE FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

06192007R001           FINDINGS AND RESOLUTION APPROVING THE BISON BLUFF SUBDIVISION PRELIMINARY PLAT

 

06192007R002           FINDINGS AND RESOLUTION APPROVING THE WAIVER OF RIGHT-OF-WAY WIDTH STANDARD IN THE STONE BRIDGE SUBDIVISION

 

06192007R003           FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT ON LOT 5 OF THE AMENDED PLAT OF WINDCLIFF ESTATES 2ND FILING

 

06192007R004           FIINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 27, 28, AND 29 IN STANLEY HEIGHTS SUBDIVISION

 

06192007R005           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

06192007R006           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 10, 11, AND 19 IN BLOCK 7 OF LETITIA LAKES SUBDIVISION

 

06192007R007           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 63 AND 64 OF CRYSTAL LAKES SUBDIVISION 13TH FILING AND VACATION OF UTILITY EASEMENT

 

06192007R008           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 133 AND 173 OF GLACIER VIEW MEADOWS SUBDIVISION 12TH FILING AND VACATION OF UTILITY EASEMENT

 

MISCELLANEOUS:  County Road 23E Right-of-Way Dedication Plat; West Hill Estates Lot 10 Amended Plat; Department of Human Services Payment for April 2007; Assurances and Certificates for Federal Transit Administration Funds; By-Laws and Rules of Procedure of the Larimer County Red Feather Lakes Planning Advisory Committee; Pearl Vista Conservation Development (File #05-S2427) Final Plat; Edward Byrne Memorial Discretionary Grant Program FY2007 Competitive Grant Announcement Response; Workforce Investment Act Two-Year Local Plan PY07.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued:  J.J.’s Country Corner – 3.2% - Fort Collins; Sandy’s Convenience Store – 3.2% - Loveland; Rocky Mountain Gateway #1 – Hotel and Restaurant – Estes Park; and Rocky Mountain Gateway #2 – Hotel and Restaurant – Estes Park.  The following liquor licenses were approved:  City Limits Lounge – Modification of Premises – Fort Collins; and Windjammer Roadhouse and Grill – Modification of Premises – Berthoud.  The following liquor license was issued: Rollerland Skater Center – Special Event 6% - Fort Collins.

 

Motion carried 2-0.

 

 

5.  REQUEST TO WAIVE 45 DAY APPLICATION DEADLINE FOR FOOT RACE BY LOVELAND ROAD RUNNERS:  Mr. Roberts explained that the Foot Race has taken place for the past few years.  This year the organizers decided to change locations and were unaware that there was a 45 day deadline for the Special Event application in Larimer County.  Mr. Roberts stated that there will be no road closures and the race route does not cross any major intersections.  The Foot Race by Loveland Road Runners is scheduled to take place on July 21, 2007.  He also said that Loveland police have been contacted and will monitor intersections when needed.  Mr. Lancaster said that the county can accommodate this request.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve waiving the 45 day application deadline for the Foot Race by Loveland Road Runners to be held on July 21, 2007.

Motion carried 2-0.

 

 

6.  MEMORIAL SIGN PROGRAM:  Mr. Miller requests clarification and confirmation of the Board’s intent in setting the memorial sign fee at $200 for each application.  He explained that multiple sign panels are permitted to memorialize multiple victims at a single crash site.  However, applicants have six years after the crash to apply for a sign (or additional sign panels).  Staff needs clarification regarding the intent to apply the $200 fee to all applicants regardless of the number of victims or number of applicants per crash regardless of when in time the applications are received within the six year period following the crash. 

 

Commissioner Gibson said that his intent is to cover the cost of the sign, and not as a money making endeavor for the county.  He said that he would like to see the money reapportioned based on the number of applicants for one road sign. 

 

 

7.  LANDFILL BUILDING CONTRACT:  Mr. Gillette explained that the Board previously approved the spending of $800,000 for the construction of an administrative and training facility at the landfill.  He stated that bids for this construction came in over the initial amount and he is now asking that an additional $30,000 be taken from the reserves obtained through the Solid Waste Department.  Mr. Gillette said that an increase in total cost is due in part to adding “green features” which will be more eco-friendly, and will provide less expensive maintenance in the future.  Commissioner Gibson said that he supports taking steps to becoming more “green”.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the contract with Dohn Construction, Inc. for $621,079 and to allow Solid Waste to transfer an additional $30,000 from reserves to the building project for a total of $830,000.

Motion carried 2-0.

 

06192007A006           SOLID WASTE OFFICE BUILDING AGREEMENT BETWEEN DOHN CONSTRUCTION, INC. AND LARIMER COUNTY

 

 

8.  UPDATE OF THE TAFT HILL ROAD IMPROVEMENT PROJECT:  Mr. Peterson provided an update to the Board regarding the status of the utility relocation for the Larimer County road improvement project on Taft Hill Road and Vine Drive.  Mr. Peterson said that Xcel crews have not been on site for two weeks which will potentially cause more delays to the county.  Mr. Arend said that the overhead electric lines are the only items causing delays.  There are 22 electric poles that need to be relocated and fourteen are in direct conflict with moving the project forward.  Mr. Engemoen said that the county has been in contact with Xcel numerous times regarding this delay including daily communication via telephone and email.  He said that the project may still meet the intended schedule, but it will be at a cost.    

 

 

9.  APPOINTMENTS AND REAPPOINTMENTS TO BOARDS AND COMMISSIONS:  Ms. Tokarz outlined appointments to the Boards and Commissions as follows: 

 

Board of Appeals:  Michael Millsapps, and William Van Horn, reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.

 

Board of Health:  Judy Robinson reappointed to a 5-year term beginning July 1, 2007, and ending June 30, 2012.

 

Flood Review Board: Christopher Thornton, and Chester Watson, reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.

 

LaPorte Area Planning Advisory Committee:  Paul Resseguie reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010; Andre Duvall, and Ed Stoner appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.

 

Commissioner Gibson questioned the reasoning behind the waiver of term limits for the Board of Appeals and the Flood Review Board.  Ms. Tokarz explained that these positions were not term limited because specific expertise is required to serve on these boards. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the Boards and Commissions as outlined above.

Motion carried 2-0.

 

 

10.  COUNTY MANAGER WORKSESSION:  Mr. Lancaster explained that El Centro Student Services at Colorado State University is asking for a donation of $1,000 in support of National Hispanic Heritage Month. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve expending $1,000 from the Special Projects Fund to support El Centro Student Services for National Hispanic Heritage Month activities.

Motion carried 2-0.

 

Todd Anderson, Xcel Energy area manager, explained that utility crews are working on the intersection at Taft Hill Road and Vine Drive to complete the project as quickly as possible.  He said that there are some outstanding legal issues that still need to be addressed before all work can be accomplished.  The Board asked that Xcel Energy complete the project as quickly as possible. 

 

Mr. Timm and Ms. Goggin presented information regarding the Meining Road and Pheasant Run Road addressing appeal.  Much discussion among the Board and Staff ensued.  Staff agreed to contact all homeowners involved regarding the new options for road name and number changes.  The Board suggested that staff hold a public meeting to pose these options to the homeowners. 

 

 

12.  LEGAL MATTERS:  Ms. Haag explained that Michael Smith is in violation of the Land Use Code for storing junk and debris on his property.  Although a judgment has been placed against the property and Mr. Smith has spent time in jail for his noncompliance, the property is still in violation of the Land Use Code.  Mr. Gray explained that staff would like to hire an excavating company and a towing company to remove the excess junk from the premises.  Mr. Gray anticipates the total cost of trash removal to be $10,000 which will be placed as a lien on the property. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners authorize the clean up cost of $10,000 to remove debris from the Michael Smith property. 

Motion carried 2-0.

 

 

Executive Session: (Affidavit provided).

 

M O T I O N

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

Motion carried 2-0.

 

 

Executive Session: (Affidavit provided).

 

M O T I O N

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

Motion carried 2-0.

 

 

The Executive Sessions ended at 11:20 a.m., with no further action taken.

 

 

 

ABATEMENT HEARING

(#80)

 

The Board of County Commissioners reconvened at 2:00 p.m. for an Abatement hearing.  Chair Pro-Tem Rennels presided, and Commissioner Gibson was present.  Also present were: Ann Piccone, and Jennifer Jacobsen, Assessor’s Office; and Kristen Romary, Deputy Clerk.

 

ABATEMENT HEARING FOR DAVID R. FRANK; PARCEL NUMBER 94144-18-005:  Ms. Jacobsen described the subject property and outlined the comparables.  She explained that the subject property is a single family residence made of average quality material.  She said that the comparables support the actual value of $223,300. 

 

Mr. Frank, property owner, said that he has lived in his home for 22 years and in that time he has seen many homes bought and sold.  He said that his home was recently appraised by an independent appraiser at $194,000 and believes his current assessed value through the county is too high. 

 

Commissioner Gibson said that he would be in support of decreasing the assessed value and wait to see if there are increases during the next appraisal period. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for David R. Frank, Parcel Number 94144-18-005, for tax year 2006 and adjust the value to $200,000.

Motion carried 2-0.

 

 

ABATEMENT HEARING FOR ROGER A. AND GLORIA A. PIELKE; PARCEL NUMBER 87303-55-007:  Ms. Jacobsen described the subject property and outlined the comparables.  She explained that the subject property is a condominium unit, and the three comparables were taken from the same complex.  She said that the comparables support the actual value of $116,400. 

 

Mr. Pielke, former property owner, said that he and his wife have had the condo on the market for over a year without any offers to buy except at a price of $97,000.  Therefore, Mr. Pielke does not believe the assessed value of $116,400 is fair.  He explained that the condo is of only average quality without extra amenities associated with the complex. 

 

Commissioner Gibson said that there was substantial evidence to support the actual value of $116,400, but would be willing to adjust the value slightly lower.  Chair Pro-Tem Rennels said that she would support a decrease in value more in line with the sale of other condos within the same complex. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Roger A. and Gloria A. Pielke; Parcel Number 87303-55-007, for tax years 2005 and 2006 and adjust the value to $112,500.

Motion carried 2-0.

 

 

ABATEMENT HEARING FOR ROGER A. AND GLORIA A. PIELKE; PARCEL NUMBER 30272-18-003:  Ms. Jacobsen described the subject property and outlined the comparable.  She said that the subject property is unique in that there was only one sale within the same area for the allotted assessment time period.  Ms. Jacobsen said that the comparable supports the actual value of $297,200.

 

Mr. Pielke said that the subject property is in a unique location and the surrounding real estate has been in a depressed state for years.  He said that he and his wife have attempted to sell the property multiple times without any offers.  Mr. Pielke also said that the photograph submitted by the Assessor’s Office is inaccurate and does not actually show their unit.  Therefore, Mr. Pielke does not believe the assessed value of $297,200 is accurate. 

 

Commissioner Gibson said that he would be willing to decrease the actual value of the condo unit slightly for tax years 2005 and 2006.  Some discussion among the Board and the applicant ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Roger A. and Gloria A. Pielke; Parcel Number 30272-18-003, for tax years 2005 and 2006 and adjust the value to $275,000.

Motion carried 2-0.

 

 

The meeting adjourned at 2:50 p.m.

 

 

 

__________________________________________

KATHAY RENNELS, CHAIR PRO-TEM

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk 

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