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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, DecEMBER 3, 2007

 

LAND USE HEARING

(#145 & 146)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Matt Lafferty, Karin Madson, Samantha Mott, and Toby Stauffer, Planning; Traci Downs and Matt Johnson, Engineering; Doug Ryan and David McCloskey, Environmental Health; Wendy Dionigi, Code Compliance Officer; William Ressue, Assistant County Attorney; and Angela Myers, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

The Board presented the 2007 Larimer County Environmental Stewardship Awards. These awards, first presented in 1995, are given each year to honor the environmental efforts of county residents, businesses and organizations.  Winning programs are innovative and proactive, and demonstrate exceptional effort and concern for stewardship of the environment. 

 

The County’s volunteer-citizen Environmental Advisory Board reviews the nominations and makes recommendations to the Commissioners who determine the final selections.  Five awards were presented from the twelve nominations received. 

 

Anita Comer from Waste-Not Recycling was selected as a recipient for her leadership in all aspects of solid waste recycling.  Under her leadership, Waste-Not has grown from providing volunteer-based curbside recycling programs to offering complete recycling services to hundreds of businesses, schools and public entities.  Services include recycling of construction and demolition wastes, electronics waste recycling, recycling programs in schools, and help with zero waste events.  Waste-Not staff provides waste audits to determine the current status of a business’s waste, and designs recycling services tailored to those needs.  These services include everything from recycling containers to education and training for client needs.  Anita and her staff have the reputation as problem solvers when it comes to finding solutions for recycling or reusing all manner of wastes.  The result is a significant reduction of materials going to the landfill and a more sustainable community.

 

 Ben Delatour Scout Ranch was presented the award for their stewardship program, which has been active for more than fifteen years, to protect and improve the natural resources on the ranch property.  The stewardship program is lead by volunteers and accomplished through numerous work projects.  For example, a conservation committee made up of volunteers, many of whom are professional natural resource managers, developed both a forest stewardship plan and a grazing plan for the property.  The ongoing implementation of these plans has improved the forest health and grazing resources.  Ben Delatour Scout Ranch has also developed effective partnerships related to their stewardship activities including students from Colorado State University and Front Range Community College.  The stewardship activities at Ben Delatour serve as an example for other public and private institutions that manage large tracts of land in Larimer County. 

 

Loveland Youth Gardeners received the award for their important efforts to cultivate skills, stewardship and service in young people through sustainable gardening.  A variety of programs are offered each year to serve Loveland area youth.  In conjunction with gardening skills, the students learn important job and life skills such as teamwork, leadership, public speaking and the importance of service to the community.  In addition to the youth gardening, other programs include “Plant a Row for the Hungry” and “Leaf Out.”  In the Leaf Out program, students volunteer to organize a variety of service projects in the community, such as landscaping at a local middle school, assisting with gardening at the Benson Park Sculpture Garden, teaching younger children about gardening and landscape design, planting and maintenance for local nonprofit agencies. 

 

Rose Watson was selected as a recipient for her commitment, dedication and skill as Education Coordinator for the Garbage Garage Education Center.  Rose hosts classes for children ages five and up to teach them about solid waste and the importance of reducing and recycling waste.  Both parents and coworkers report that the result is motivated children that challenge their families to lower the amount of waste they set out on the curb each week.  Through Rose’s leadership, classes designed for families have recently been added for the fall and winter.   Rose is able to be effective because she brings enthusiasm, knowledge and hard work to her efforts, plus a willingness to be such an important leader for the Garbage Garage Education Center.

 

 Platte River Power Authority received an award for their commitment to stewardship activities as demonstrated in many actions and projects related to their core service of power generation.  Environmental accomplishments include the voluntary installation of a new air combustion system at the Platte River Rawhide Energy Station that resulted in a 63% reduction in nitrogen oxide emissions, and a 16% reduction in both sulfur dioxide and carbon dioxide emissions.  Other activities include wind energy generated from Platte River’s Medicine Bow Wind Project, customer conservation assistance programs, reducing employee gasoline consumption through the purchase of hybrid vehicles and participation in the Smart Trips VanGo program, and programs to foster wildlife on the property surrounding the Rawhide Energy Station.  Major utilities such as Platte River Power Authority have a unique opportunity to demonstrate environmental stewardship by going above and beyond regulatory requirements.

 

All award winners were commended for making a positive environmental difference in the community.

 

Chair Rennels explained that the following items are on consent and would not be discussed unless requested by the Board, staff or members of the audience.  Rob Helmick asked the Board to also consider placing Item 5 (Haines Appeal, File #07-G0148) on the Consent Agenda, as staff and the applicant are in agreement, and there has been no voiced opposition to this request.  Chair Rennels asked Ronald Haines, Applicant for the Haines Appeal, to confirm his agreement with staff in this matter.  Mr. Haines approached the Board to confirm that he and staff are in agreement in this matter and that he is comfortable with the matter being included on the Consent Agenda.  Chair Rennels confirmed that there was no public present to comment on this matter.

 

1. CRYSTAL LAKES 11TH FILING LOTS 115 AND 116 LOT CONSOLIDATION #07-S2737:  This request is to combine two adjacent Lots, Lots 115 and 116, into one lot in the Crystal Lakes 11th Filing. 

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Department of Health and Environment, Engineering Department Development Review Services, Assessor’s Office, and the Addressing Section.  For detailed comments, please see the letters from each department. The Assessor’s letter provides the new legal description of the resultant lot.  Staff referred the application to other internal and external reviewing agencies and the affected utility companies, no other comments were received.

 

The proposed Lot Consolidation of Crystal Lakes 11th Filing Lots 115 and 116 will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code. 

 

The Development Services Team recommends approval of Lot Consolidation for Crystal Lakes 11th Filing Lots 115 and 116, subject to the following two conditions:  1) All conditions of approval shall be met and the final resolution of the County Commissioners recorded by June 3, 2008, or this approval shall be null and void.  2) The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

2. CRYSTAL LAKES 5TH FILING LOTS 69 AND 70 AMENDED PLAT, FILE #07-2738:  This request is to amend the plat of Crystal Lakes Fifth Filing to adjust the interior lot line of Lots 69 and 70.  The amended lot lint will reflect the owner’s historical perceived property boundaries.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Engineering Department Development Review Team, Addressing Review Section, and Department of Health and Environment.

 

The proposed plat amendment to adjust the lot line between Lots 69 and 70 in Crystal Lakes 5th Filing, will not adversely affect any neighboring properties or any county agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of Crystal Lakes 5th Filing Lots 69 and 70 Amended Plat, subject to the following three conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:  1) The Final Plat shall be recorded by May 3, 2008, or this approval shall be null and void.  2) Prior to recordation of the Amended Plat, deeds transferring ownership must be provided.  3) Prior to the recordation of the Final Plat, the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.  X-BAR SEVEN LOT 30 AND 31 AMENDED PLAT AND RIGHT-OF-WAY VACATION, FILE #07-S2746:  The request is to amend the plat of X-Bar Seven Subdivision to adjust the lot lines of two lots to include a vacated portion of Stirrup Hill Court.  Both lots are smaller than the minimum lot size in the O-Open Zone District and both lots will increase in size as a result of this application.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Engineering Department Development Review Team, Addressing Review Section, and Department of Health and Environment.

 

The proposed plat amendment to adjust the lot line between Lots 30 and 31 of X-Bar Seven Subdivision to include a portion of vacated ROW from Stirrup Hill Court will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of X-Bar Seven Lots 30 and 31, subject to the following three conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:  1) The Final Plat shall be recorded by June 3, 2008, or this approval shall be null and void.  2) Prior to recordation of the Amended Plat, provide deeds transferring ownership.  3)   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

4.  BLEHM SUBDIVISION LOT 1 AMENDED PLAT, FILE #07-S2745:  This request is to consider amending Lot 1 of the Blehm Subdivision Final Plat to remove the effects of a plat note on said lot.  The note being modified was placed on the face of the plat when recorded in 1975, and applied to all seven lots within the project boundaries.  This plat note reads as follows:

 

“Residential construction must remain inside lot lines (with appropriate setbacks) and within the ditch easements to the north and south of noted areas.”

 

While not entirely known, the current thoughts on intent of this note was to prohibit residential uses north of a irrigation lateral that bisects all of the lots near the southern ¼ of each lot, probably because the lots were irrigated agricultural land and placing residential uses below the irrigation lateral would cause compatibility issues (flooding of basements and the like).  Believing that this was the intent of the note, the question now arises as to the appropriateness of the 33-year-old note, primarily from the standpoint that the properties are now situated within the City of Fort Collins GMA and are quickly becoming surrounded by single family home sites.  Witnessing this pattern of development in the area has caused the property owner of Lot 1 to investigate development of the property into more than one lot, but this cannot be accomplished because of the existing plat note.

 

After some deliberation with the property owner, it has been shown that the subject lot is on the uphill side of the irrigation pattern and, thus, would not likely be impacted by the irrigation if this note were lifted.  Furthermore, if the note were removed from this lot, the property owner would still have to seek approval of a subdivision application (through the City of Fort Collins due to contiguity), which application would require the applicant to demonstrate that irrigation patterns would not affect any new residential uses or restrict the irrigation uses of the adjoining properties.  Therefore, in order to allow the property owner the ability to submit for a subdivision application, they are requesting removal of the plat note as it applies to Lot 1 of the Blehm Subdivision.

 

Referral comments were received from the Health Department, which department emphasized that, if the property does develop in the future, public sewer will be required.  To this issue the Development Services Team is recommending that the approval to remove the plat note be conditioned such that no further development of the site can occur without use of a public sewer system. Other referral comments are attached and indicate only minor concerns that are appropriate for a subdivision application.

 

The Development Services Team supports this request, primarily from the standpoint of the changing land use pattern in the area.  When the Blehm Subdivision was established 33 years ago, the area was predominately agricultural/rural residential and subdivision designs at that time took into consideration irrigation patterns and factors for the locating of residential uses.  Today the area is predominately urban residential, the historic pattern of agricultural use is disappearing, and design of a two- or three-lot subdivision on the property can probably be achieved with no impact from the irrigation lateral or to the lateral as it relates to the adjoining properties.  Finally, the decision to lift this note does not authorize additional dwellings on the property, but merely gives the property owner the option of seeking subdivision approval, which will address compatibility and impact issues.

 

The Development Services Team recommends approval of the Amended Plat for Lot 1 of the Blehm Subdivision, by Findings and Resolution, to eliminate the Plat note restricting the location of residential uses for Lot 1 of the Blehm Subdivision subject to the following condition and authorization for the chairman to sign the Findings and Resolution when presented for signature:  1)        No further residential development shall occur on Lot 1 until a subdivision application is approved.  Said approval shall require the installation and use of public sewer facilities.

 

5.  HAINES APPEAL, FILE #07-G0148:     The owners of this parcel are requesting an appeal of Section 4.3.10.A.1.a.1. of the Larimer County Land Use Code which limits a farmstead to one dwelling for the owner/operator of the property plus one dwelling for each 40 acres of contiguous ownership.  For example, a farmstead on a 40-acre farm could include two dwellings, one for the owner/operator and one for farm help.  Because this parcel is 35 acres, the only way to allow a farmstead is to appeal this section of the Land Use Code.  When the applicants purchased the property it was their belief that they were purchasing a 40-acre parcel.  The applicants provided documentation from the real estate listing for this property indicating that it is 40 acres; but there is no survey to verify that this information is correct, and the County Assessor’s Office indicates that this is a 35-acre parcel. 

 

The definition of a farm according to the Larimer County Land Use Code is:  Any parcel of land containing at least three acres used primarily for the commercial, soil-dependent cultivation of an agricultural crop; the raising of aquatic plants or animals; or the raising of livestock. This does not include feed lots, dairies, poultry farms, exotic animal farms or fur farms. 

 

The applicants have indicated that they raise alpacas on the property and currently have 90-110 animals on their property.

 

The definition of a farmstead according to the Larimer County land Use Code is:  That portion or portions of a farm, ranch, dairy, feed yard or poultry farm designated for uses which are necessary to the operation, including equipment storage areas.

 

The applicants have stated that they need help to feed, water, and administer care for the alpacas on a daily basis.  Farm help is necessary to complete all of these tasks.

 

The applicants have indicated that they meet the current definition of a farm; have also indicated their need for assistance on that farm; and are, therefore, requesting an appeal to have a farmstead on a 35-acre parcel.  They have filed a concurrent application for the farmstead, pending approval of this appeal.  The farmstead itself is an administrative process which means it can be approved by the Planning Director.  This request is not for approval of the farmstead, but rather is for approval to allow a farmstead on a 35-acre parcel instead of the normally required 40 acres.

 

The Department of Health and Environment has no objections to the appeal.  The County Engineering Department does not have any objections or issues with this appeal, but does note that the applicants must pay the TCEF amount within 90 days of the recording of the findings and resolutions for the Farmstead application.  Refer to Matt Johnson’s letter dated October 24, 2007.  Poudre Fire Authority has no comments or concerns regarding this appeal.  The Larimer County Building Department has no objections to the appeal.  The Division of Water Resources has no objection to the well being used to supply water for the Haines Farmstead, as long as it is operated in accordance with the conditions of approval for Permit #82877-A, but notes that the applicants should provide an abandonment report for the old well.  Code Compliance notes that, if the appeal and farmstead are approved, the owners will need to obtain a building permit for the farmstead dwelling from the Larimer County Building Department.  Refer to Candace Phippen’s letter dated November 5, 2007.

 

The main concern when allowing a farmstead is that there is a legitimate farm operation on the property.  The applicants have demonstrated that they have a legitimate farm operation on the property as well as a need for farmstead help.  The Development Services Team finds the request does meet the review criteria of Section 22.2.3 as outlined in the Land Use Code.

 

The Development Services Team recommends that the Board of County Commissioners approve the Haines Appeal, subject to the following three conditions:  1) If the farmstead is approved, the applicants must pay the TCEF amount within 90 days of the recording of the findings and resolutions for the farmstead application.  2) If the farmstead is approved, the applicants will need to obtain a building permit for the farmstead dwelling from the Larimer County Building Department, pay all applicable fees and obtain all applicable inspections and approvals.  3) If the farmstead is approved, the applicants must sign a farmstead agreement indicating that, if the farming operation ceases to exist, they will pursue one of the options listed on the farmstead agreement to divide the property so that two dwelling units are not on one property.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 3-0.

 

6.  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE, FILE #07-CA0073:  Karin Madson approached the Board and explained that during the code adoption hearings the concept of a living Land Use Code that would be amended as needed to make it function properly was discussed.  Some changes are minor wording changes because of typographical errors or inconsistencies between parts of the Code.  A few of the changes are needed because there are unintended consequences resulting from the current wording. 

 

Ms. Madson went on to explain the specific changes for which approval is being requested: 

 

1.   Fossil Creek Reservoir Supplementary Regulations.

Section 8.9.2.A.1.I.F.6 - change the term "waiver" to “appeal” as follows:

6. Waiver Appeal of drive-in uses prohibition.  The board of county commissioners may waive the prohibition against approve an appeal to allow drive-in uses contained in subsections 4.(c)(3) and 5.(b c)(8) of this section F under the following circumstances: 

a. The strict application of the prohibition would result in peculiar difficulties or exceptional undue hardship upon the owner of the affected property; or

b. The plan as submitted will advance or protect the public interests and the purposes of the prohibition equally well or better than would a plan which complies with the prohibition; and

c. In either of the foregoing circumstances the waiver appeal may be granted without substantial detriment to the substantial good.

d. Any finding made under paragraphs a. and/or b. above shall be supported by supplemental findings showing how the plan, as submitted, meets the requirements and criteria of said paragraphs a. and/or b.

e. Applicants seeking an appeal waiver shall file a written request with the planning director. The board shall administratively review the request in an open meeting no later than 30 days after the request has been filed. Prior written notice of this meeting shall be provided to the applicant and shall be included in the board's posted agenda. At the meeting the board shall consider relevant information presented by the applicant, the planning director, or interested members of the public. Based upon the information, the board may grant the appeal waiver, or grant the appeal waiver with conditions.

Delete Section 8.9.2.A.1.I.D. because the Land Use Code no longer contains regulations for minor residential developments. 

D.   Minor residential developments.  Proposals for minor residential developments shall not be accepted or approved for lands located in the Fossil Creek Reservoir Area. 

 

Renumber the remaining sections E. through I.

2.   Fences

Section 8.16.1 refers to “county road standards”.  This should be changed to reflect to current names of the county street and road standard documents as follows:

A. All fences are subject to sight triangle standards included in the county road standards Urban Area Street Standards and Rural Area Road Standards that are part of the technical supplement to this code.

 

3.   Unused section of the code (section 4.8.8 is missing from the current text of the Code).

Add Section 4.8.8. as a “reserved” section.

 

4.   Amended Plat/Lot Consolidation Review Criteria.

Currently the Section 5.7 review criteria for amended plats and lot consolidations do not address combining lots that would have the new lot divided by a road or other lot.  Section 8.14.2.I. contains a lot standard that addresses this issue.  Adding a new review criterion will incorporate this standard.

Section 8.14.2.I reads “ Lots can not be divided by a municipal or county boundary line, road, alley or another lot.”

Add a review criterion to Section 5.7.3 as follows:

E.   The resultant lots will meet the requirements of subsection 8.14.2.I.

 

Renumber the remainder of the section.

 

5.  Housekeeping amendments as a result of moving Sections 8.17 and 8.19 to the new Section 4.9 Setbacks.

Section 8.01.C. contains incorrect references to the recently moved Sections 8.17 and 8.17.  These sections were moved to the Sections 4.9 and 4.6.7. The following amendment will correct that reference.

Section 8.01.D. contains an incorrect reference to the Board of Adjustment hearings for Special Exception applications since the process for Special Exception was changed.  Hearings for Special Exception now go to the Planning Commission, prior to being heard by the Board of County Commissioners.  The following amendment will correct that reference.

Modify the followings portions of Section 8.01:

C. Building permits for single-family and duplex dwellings, which are the principal building on a lot or parcel, must comply with sections 8.17 and 8.19 4.9. Subsection 8.17.3 4.6.7 may be applied to these permits at the discretion of the planning director. Building permits for accessory dwellings that are part of a farmstead must comply with all applicable standards in section 8, except subsection 8.5, landscaping.

D. The applicant is required to demonstrate compliance with the applicable standards for all development at the planning commission hearing on any preliminary plat, or special review, at the board of adjustment hearing on any or special exception and at the time of application for site plan review.

In addition to the above section the following additional Sections were affected by the changes to Section 4.9, 8.17 and 8.19., the following changes will correct the inconsistencies:

Section 22

Section 22.2.1.

b. Sections 8.17.1, 8.17.2, 8.17.3 or 8.19 4.9.1, 4.9.2., 4.9.3., 4.9.4 and 4.9.6.

Section 22.3.1.

1. b. Sections 8.17.1, 8.17.2, 8.17.3 or 8.19 4.9.1, 4.9.2., 4.9.3., 4.9.4 and 4.9.6.

2. b. Sections 8.17.1, 8.17.2, 8.17.3 or 8.19 4.9.1, 4.9.2., 4.9.3., 4.9.4 and 4.9.6.

3. b. Sections 8.17.1, 8.17.2, 8.17.3 or 8.19 4.9.1, 4.9.2., 4.9.3., 4.9.4 and 4.9.6.

 

Section 4.1

Sections 4.1.1 through 4.1.21 contain an incorrect reference to section 8.17.

Change the first sentence of each of the sections to the following:

 

Sections 4.1.1 through 4.1.21 

B.2.

a. Front yard--Refer to section 8.17 (supplementary regulations for setbacks from highways and county roads). 4.9.1  Setbacks from highways and county roads.

 

And Sections 4.1.5. and 4.1.8.

B.3.

a. Front yard--Refer to section 8.17 (supplementary regulations for setbacks from highways and county roads). 4.9.1 Setbacks from highways and county roads.

Change the title of Section 4.9

Section 4.9 currently is named “Setbacks”.  When this section was rewritten it merged Section 8.17 supplementary setback requirements and lot requirements with 8.19 maximum structure height requirements.  Change the title of Section 4.9 to reflect both these sections as follows:

 

4.9  SETBACKS, LOT REQUIREMENTS AND STRUCTURE HEIGHT

 

6. Use by Right

Our Land Use Code lists various uses that are permitted in each zoning district. Each use is followed by a letter designating what type of review is required for the use, such as “S” for Special Review or “MS” for Minor Special Review.  The uses followed by “R”, to indicate that these uses are permitted “By Right”, have led to some confusion.

The term “Use by Right” is misleading in that all non-residential and non-agricultural uses must be approved through the Site Plan Review process prior to building permit application.  The Code should be more explicit that site plan review may be required for some uses “by right”.

 

Modify Section 4.1.B by adding the underlined text: 

Uses followed by an (R) are allowed by right but they may be subject to Section 6 (site plan review) and all other requirements of this code.

 

Staff finds that the proposed changes are consistent with the Master Plan and the intent and purpose of the Land Use Code; are necessary to correct an omission or error in the Land Use Code; and satisfy the above review criteria for changes to the text of the Land Use Code.  The Planning Staff recommends approval of the proposed amendments to the Larimer County Land Use Code. 

 

Chair Rennels opened the meeting to public comment; seeing none, public comment was closed.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the code amendments as recommended by the Planning Commission and staff.

 

Motion carried 3-0.

 

7.  SCHLIHS BUILDING AND ZONING VIOLATION, FILE #06-CC0147: Wendy Dionigi approached the Board and explained that the owners of the property located at 200 SW 2nd Street in Loveland, Colorado, are in violation of uses allowed in the I-Industrial Zoning District (Section 4.1.19 of the Larimer County Land Use Code) and of the Larimer County Board of Adjustment decision of August 24, 1999, denying the owner’s request to have residential uses on the property.  There are three permanent recreational vehicles (RVs) being used and occupied on a full-time basis on the property, including unpermitted sewage disposal systems, as well as outdoor storage of junk, debris and unlicensed vehicles, an expired 1998 permit for a 4,950 square foot storage building, and one or more outbuildings with wood stoves or other utilities added to the structures without permits and inspection approvals, in violation of the Larimer County Building Code and Larimer County Individual Sewage Disposal System Regulations.  See photos attached to this staff report.

 

In 1999, the owners applied for a variance and special exception (Planning File No. 99-BOA0071) to allow a double-wide mobile home on a lot with industrial/commercial buildings in the I-Industrial Zoning District.  A Board of Adjustment hearing was held on August 24, 1999.  Specifically, the owners were requesting variances and special exceptions to allow a mobile home on the property for a property watchman to live in, a new permanent single-family dwelling, and a mobile home office on a lot with other storage buildings in the I-Industrial Zoning District.  These requests were denied by the Board. 

 

A complaint was received from the City of Loveland by Code Compliance Staff on April 25, 2006, concerning waste, rubbish and people living in RVs and mobile homes on the subject property.  Later complaints were received from other sources as well.  After receipt of the initial complaint, Code Compliance Officers Wendy Dionigi and Chad Gray conducted an inspection of the property on May 2, 2006.  As a result of the inspection, several code violations were discovered.  Subsequent inspections were conducted by the Loveland Fire Prevention Bureau and Larimer County Department of Health and Environment. 

 

The owners have completed substantial clean-up of the property by removing all mobile homes from the northern part of the property, removing RVs being lived in and/or stored on the southern end of the property, and removing outdoor storage, junk and debris from the property.  However, three permanent RVs remain on the property; and junk, debris and unlicensed vehicles are once again accumulating on the property in violation of County regulations and without permits and inspection approvals from the Larimer County Building Department, Larimer County Planning Department, Larimer County Department of Health and Environment, Loveland Fire Prevention Bureau or the State Electrical Department.

 

See 13-page event log in Code Compliance File No. 06-CC0147, itemizing contacts with the property owners and tenants living in the RVs and attempts to resolve outstanding issues since receipt of the initial complaint.

 

The property is zoned I-Industrial, which does not allow residential uses.  The property is contiguous to property located within the City of Loveland and is eligible for annexation.  Gary Wilson, Community and Strategic Planning Manager for the City of Loveland, advises that, although it is eligible for annexation, the property would need to be cleaned up prior to annexation.  Because the property is eligible for annexation, if the owners wish to continue any uses on the property presently not allowed by right in the I-Industrial Zoning District, they would need to apply for annexation into the City of Loveland. 

 

Water used by those living in the RVs on the subject property is being obtained from an adjacent property (the owner proposes a looped water system, using engineering that was prepared and approved approximately seven years ago, be installed).  The Loveland-Greeley Canal runs along the northern border of the property.  A portion of the southern end of the property is located in a flood area.  Farmer’s Ditch runs along the southern border of the property.   

 

There are no permitted sewage disposal systems on the property.  According to the Larimer County Department of Health and Environment review, RVs and mobile homes on the upper portion of the property were being served by a community-type waste water system (no permit found) which, at the time of initial inspection conducted on May 19, 2006, was overflowing sewage from the lid of a tank/receptacle.  Sewage water was also seeping along a hillside below the tank and collecting in a low area at the base of a hill.  Some possible waste water was also seeping along a road cut above the tank. 

 

A 4,950-square-foot storage building was permitted (Permit 98-L5450) for private use only.  However, the structure is being rented out to several companies and is being used for commercial storage purposes, with no fire protection and no inspection approval from the State Electrical Board.  Commercial structures must follow more stringent Building, Fire and Electrical Code requirements than are applicable for private structures.  A fire hydrant is required within 175 feet of the storage building on the property.  The owners must develop an improved site access plan to allow safe access for Fire Department and other emergency vehicles.

 

Most important are life-safety issues connected with inadequate and/or unpermitted fire protection, sewage disposal, electrical work, gas lines and water connections.  As well, these violations of the Larimer County Land Use Code negate the general purpose of the Code, which is to maintain and enhance property values.

 

Staff recommends that the Board of County Commissioners find that violations of the Larimer County Land Use Code, Building Code and Individual Sewage Disposal System Regulations exist and authorize legal action if the junk, debris, unlicensed vehicles, RVs and all unpermitted utilities are not removed from the property before a certain date to be determined by the Board of County Commissioners.  Staff suggests that a deadline be established to allow tenants living in the RVs sufficient time to find alternate housing sites, and that a certain date be established for further action if the deadline set by the Commissioners is not met.

 

Chair Rennels requested comment from the applicant.  Charlotte Schlihs, Applicant, approached the Board, provided each Board member with a packet of documents outlining the history this matter and shared various photos of the current condition of the subject property.  She commented that several properties zoned I-Industrial in the area were being used in similar fashion as the subject property.  She explained that the “junk” mentioned is actually construction material being stored at the site by various construction companies. 

 

Chair Rennels asked Ms. Schlihs if she agreed that there were violations on the property.  Discussion ensued regarding if and how the property is being used for industrial purposes (as with the construction materials being stored there).  Ms. Schlihs asserted that the county could “rezone anything” as they desire, expressing that she would appreciate being able to utilize the property for both residential and industrial purposes as she is currently doing. 

 

Discussion ensued regarding the possibility of annexing the property into the City of Loveland and subsequent rezoning that could be pursued.  Discussion continued regarding the applicant’s efforts thus far with respect to water and sewer service for the property through the City of Loveland, potential annexation of the property into the City of Loveland, and the affect that such annexation would have on the property.

 

Ms. Schlihs indicated that there are seven electrical meters on the property, and that there are no current issues with respect to electrical service there.

 

Commissioner Eubanks asked Ms. Schlihs for clarification as to why she allowed RVs to be located on the property after receiving explicit denial of her request to do so.  Ms. Schlihs stated that these individuals approached her requesting that she let them move onto the property, and seeing other I-Industrial properties in her area allowing similar renters, she went ahead and allowed it.  She stated that the people she has allowed on her property have little financial means and needed an affordable place to live.  Discussion ensued regarding the specific renters Ms. Schlihs currently has on the property.

 

Commissioner Gibson asked Ms. Schlihs if she had contacted the City of Loveland, since he visited her property, regarding water hookup.   Discussion ensued regarding this topic and the proximity of water lines to the property.  Ms. Schlihs could not confirm whether she had or had not spoken with the City of Loveland since her meeting with Commissioner Gibson.

 

Jerry Schlihs, Charlotte Schlihs’ husband and Applicant, approached the Board and spoke about his understanding of water requirements for the property, the anticipated cost to him to meet such requirements, and his concern that other properties in the area that are similarly zoned are using their properties in a similar manner to the way this property is being used.  Mr. Schlihs expressed his frustration with the county and city zoning processes thus far.

 

Discussion ensued regarding how individuals came to live in RVs on the subject property and the rent being charged by Ms. Schlihs. 

 

Chair Rennels asked David McCloskey, of Environmental Health, to share information gleaned from examination of the property regarding the sewer and water systems on the property.  Mr. McCloskey indicated there are no permits for a sewage system on the property, so he is not certain exactly what exists there.  However, he is relatively certain that what does exist there is not salvageable. 

 

Mr. McCloskey further stated that upon visiting the property on three occasions he observed that the sewage system being used was overflowing.  He further stated that there is likely sewage contamination of high groundwater in the area from this system. 

 

Mr. McCloskey stated that the site could accommodate a new sewage system and that City of Loveland sewer lines are within 100 feet of the property on the west side, but that the residential units are located on the east side of the property, well beyond the 400-foot cutoff for connecting to existing public sewer lines. 

 

With respect to water service, Mr. McCloskey stated that the situation is “very strange” and consists of water service to a residential unit adjacent to the property from which that property owner has been willing to provide water to the residential units located on the subject property.

 

Commissioner Eubanks asked if the current sewage contamination was extensive enough to require remediation efforts to cleanup the property.  Mr. McCloskey said that he did not believe so at this time, as the contamination is relatively localized.  Discussion ensued regarding the possibility of installing a new system in the area, vault systems and the necessity to have the current sewage system pumped regularly.

 

Chair Rennels opened the meeting to public comment.  Ron Harmon, renter on the subject property, approached the Board and requested leniency from the Board in this matter.  He stated that, due to the condition of his health, his only form of income is Social Security and that his financial condition makes it difficult, if not impossible, for him to afford to live anywhere else.  Mr. Harmon shared that the property is being well cared for by he and others living there and that it is a very pleasant place to live.

 

Discussion ensued regarding the length of time Mr. Harmon has lived at this location, how he came to live there and the rent he pays for this space.

 

Walter Ehrlich, renter on the property, approached the Board and stated that he is a WWII veteran, is in very fragile health, is living on a limited income and hopes that the Board will not force him to move from this property.  Mr. Ehrlich stated that he does not know where else he could find a place to live on his current income and spoke about the circumstances of his home there.  He further explained how he came to live on this property and his typical use of the sewage system located on the site.

 

Chair Rennels commended Mr. Ehrlich for his service to the country and asked if he had been in touch with Diane Stevens of the County’s Veterans’ Affairs Office.  He stated that he has not.

 

Larry Ehrlich, son to Walter Ehrlich and current renter on the property, approached the Board and expressed his gratitude to the property owners for allowing them to live on this property.  He expressed his hope that something can be worked out so that he and his father and Mr. Harmon can remain on the property. 

 

Commissioner Eubanks asked Mr. McCloskey about the current state of the sewage system on the property and how the most serious concerns can be rectified quickly, before anyone living there becomes ill.  Mr. McCloskey stated that he has not visited the site in two months but that the sewage on the ground is a serious matter that could be handled by use of a temporary vault that would have to be pumped weekly.  Discussion ensued regarding this possibility and the costs involved in this temporary solution.

 

Seeing no further interest, Chair Rennels closed public comments.

 

Ms. Schlihs again approached the Board and stated that she has not observed any sewage on the ground, rather there has been some gray water visible a couple of times.  She stated that she has seen sewage in the ditch at times and found out that an individual who has since moved from the property had been emptying his sewage holding tank into the ditch, without her knowledge.  Discussion ensued regarding how the sewage system on the property is currently being used by the three renters who remain on the property. 

 

Discussion continued regarding current use of the property for industrial storage.  Chair Rennels asked Ms. Schlihs which use of the property she would choose, industrial or residential, if she were required to choose only one.  Ms. Schlihs reluctantly stated that she would have to choose the industrial use, as it was more lucrative. 

 

M O T I O N

 

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

 

Motion carried 3-0.

 

Larry Ehrlich again approached the Board and asked if one section of the property could be zoned residential and another section of the property could be zoned industrial, rather than asking for dual zoning on both sections of the property.  He stated that the residential units are not located anywhere near the industrial storage area.

 

Chair Rennels asked Matt Lafferty to walk through the issues of zoning for those present.  Mr. Lafferty explained, in very general terms, the current Larimer County and City of Loveland zoning regulations and the particular issues of concern with this property. 

 

Seeing no further requests, Chair Rennels again closed public comment.

 

Commissioner Eubanks stated that there is too much information to be considered before the Board makes a decision in this matter and requested that the matter be tabled for a minimum of 90 days.  Commissioner Gibson concurred with Commissioner Eubanks and stated that, while he knows the property owners were attempting to address the need for low-income housing for these individuals, there are serious concerns with respect to water and sewer needs for these residents.

 

Discussion ensued regarding what would need to be accomplished during the 90-day period, and it was agreed that the matters in need of attention were emergency access and fire department requirements, sewage and waste disposal, and water supply.  Chair Rennels stated that she would not be willing to table the matter for this time period unless the Board received a formal commitment from the property owners to pump the current sewage system on a regular basis in an effort alleviate immediate health concerns during this period.

 

Ms. Schlihs again approached the Board and stated that she and her husband, as property owners, would see to it that the sewage system on this property would be regularly pumped during the 90-day tabling period.

 

Discussion ensued regarding tabling the matter until a date 90 days after the January 1, 2008, given that little can be accomplished during the holidays.

 

It was agreed that, during the 90-day period, the City of Loveland would be contacted for a formal position on providing water and sewer to the property, clarification would be sought regarding the condition of electrical service to the property, sign-off would be secured from the fire department regarding their requirements, and the affected residents would be referred to the Larimer County Health and Human Services Department for alternative solutions to their current need for low-income housing.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners table the Schlihs Building and Zoning Violation, File #06-CC0147, until Monday, April 7, 2008, at 6:30 p.m. with commitment from the Property Owners that they will pump the existing sewer system as required on a regular basis from now until the April 7, 2008, hearing.

 

Motion carried 3-0.

 

The meeting recessed at 5:00 p.m.

 

 

LAND USE HEARING

(#147)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Principle Planner.  Chair Pro-Tem Gibson presided, and Commissioner Eubanks was present.  Also present was Angela Myers, Deputy Clerk.

 

Chair Pro-Tem Gibson opened the meeting. 

 

1.  W.O.L.F. AMENDED SPECIAL REVIEW, FILE #07-Z1640:  Mr. Helmick addressed the Board and explained that the applicant has requested that this matter be tabled until February 4, 2008, at 6:30 p.m.  He further explained that notice regarding this tabling had been posted; however, the County Attorney stated that a formal motion by the Board regarding postponement is also advised.

 

Chair Pro-Tem Gibson observed that there was no applicant in the room, nor any public present for public comment.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners table the W.O.L.F. Amended Special Review, File #07-Z1640, until February 4, 2008, at 6:30 p.m. at the request of the applicant.

 

Motion carried 2-0.

 

The meeting adjourned at 6:35 p.m.

 

 

TUESDAY, DECEMBER 4, 2007

 

ADMINISTRATIVE MATTERS

(#147 & 148)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners' Office; Matt Lafferty, Planning Department; Charlie Johnson, Engineering Department; Gerry Blehm, Environmental Health Department; Pam Stultz, Human Resources; Kevin Johnston, Emergency Services; Andy Paratore, Facilities and Information Technology Department; Babette Cornell, Facilities Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Jackie Adolph, Lilias Jarding, Jim O'mara, Paul Smith, Louis Sharpe, Cheryl Distas, and Tracy Stephens addressed the Board in strong opposition to uranium mining in Larimer and Weld Counties.  All cited reasons for their opposition that pertained to health impacts and long-term environmental damage that occurs in conjunction with mining uranium.  Chair Rennels explained that county staff has been in attendance at all meetings pertaining to this issue and as of yet there is no active application to mine uranium in Larimer County.  She further explained that this topic is listed as an agenda item later during the meeting and invited the concered citizens to attend this portion of the meeting, as the possibility of scheduling a public hearing will be discussed at that time. 

 

Chris Casion, JD Bothun, and Wendy Warren, addressed the Board with concerns surrounding a road that was vacated, noting that this road was listed as the legal access for many properties in their neighborhood.  Mr. Casion stated that proper procedure for notification of this action was not afforded to all affected property owners, and he asked that the action be rescinded.   The Board noted that they would be consulting the Planning Department and County Attorney regarding this matter.

 

Mike Poppenwimer, owner of the Sundance tavern, appeared at the Board’s request to explain the number of DUI’s that were attributed to alcohol consumption at his establishment.  Mr. Poppenweimer explained how the on-going training that he requires of his staff so that they can detect false ID’s, and those that are visibly intoxicated.  He went into great detail regarding the other methods used to ensure individuals are not over-served, which includes utilization of a breathalyzer, not allowing drinks in the restrooms, shots only being served at the bar, and the fact that he offers a free shuttle and supports the designated driver program.

 

2.  WORKSESSION:  At this time, Chair Rennels used the prerogative of the Chair to rearrange the agenda to discuss a worksession item in order to allow Sheriff’s Deputy John Feyen to return to duty.  Discussion ensued regarding the Sheriff’s reports that result due to bar checks and incidents at the various liquor licensed establishments in the county.  Sergeant Feyen will work with Ms. Cookman in order to determine a clear set of indicators that trigger a show cause hearing.  Chair Rennels also suggested coordinating with the surrounding municipalities, in order to provide consistency across communities. 

 

3.  APPROVAL OF THE MINUTES FOR THE WEEKS OF NOVEMBER 19 AND 26, 2007:

 

M O T I O N

 

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

 

Motion carried 3-0.   

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of November 26, 2007.

 

Motion carried 3-0.   

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for November 20, 2007:

 

12032007A001           MAINTENANCE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SCHINDLER ELEVATOR CORPORATION

 

12042007R001           AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE JACOBSON PETITION

 

12042007R002           RESOLUTION ESTABLISHING RECOGNITION OF EFFORT DURING 2007

 

12042007R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 7 IN INDIAN CREEK MEADOWS RURAL LAND USE PLAN

 

12042007R004           FINDINGS AND RESOLUTION APPROVING THE A TO Z UNLIMITED SIGN APPEAL

 

12042007R005           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF TRAIL RIDGE TIMBER FRAMES AND APPEALS

 

12042007R006           FINDINGS AND RESOLUTION APPROVING THE BOKELMAN-WALTERS PIT SPECIAL REVIEW AND APPEAL TO SECTION 8.6.3.C.1 OF THE LARIMER COUNTY LAND USE CODE

 

12042007R007           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT, EASEMENT VACATION AND RIGHT-OF-WAY RELOCATION IN HIGH COUNTRY ESTATES, PUD, LOTS 1, 2, AND 3 AND THE GOLF COURSE TRACT

 

12042007R008           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1, 2, AND 5 OF BLOCK 4A IN RAMONA HEIGHTS SUBDIVISION

 

12042007R009           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT G, REPLAT OF RANCH ACRES 2ND SUBDIVISION AND LOTS 1 AND 2 OF AMENDED PLAT OF TRACTS L AND M, IN RANCH ACRES SUBDIVISION 2ND ADDITION

 

12042007R010           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 3, 4, AND 5 IN BLOCK 26 OF SOUTH NOKOMIS LAKE SUBDIVISION

 

12042007R011           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 10, 11, 12, 13, 14, 15 AND A PORTION OF LOT 9, BLOCK 3, AND LOT 12, BLOCK 4, LETITIA LAKE SUBDIVISION AND A PORTION OF THE NE 1/4 OF SECTION 27 AND VACATION OF ACCESS EASEMENT

 

12042007R012           FINDINGS AND RESOLUTION APPROVING THE PONDEROSA RIDGE MINOR LAND DIVISION

 

12042007R013           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 95A AND 96A IN FORT COLLINS INDUSTRIAL PARK, 4TH FILING

 

12042007R014           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL

 

MISCELLANEOUS:  Department of Human Services Payments for October 2007; Public Trustee 3rd Quarter Report 2007.

 

LIQUOR LICENSES:  The following liquor license was approved and issued:  RV's City Limits Lounge LLC. - Tavern - Fort Collins.

Motion carried 3-0.

 

5.  REVIEW THE SCHEDULE FOR THE WEEK OF DECEMBER 10, 2007:  Ms. Hart reviewed the upcoming schedules with the Board.

 

6.   REQUEST TO TRANSFER FUNDS FROM THE COURTHOUSE SALES TAX REVENUE TO THE 512 CAPITAL FUND TO PAY FOR 205 E. 6TH STREET REPLACEMENT OF BOILERS AND REPAIRS TO COMPRESSORS:   Ms. Cornell explained that the Board had previously approved the expenditure of funds from the Courthouse Sales Tax Reserve to pay for boiler replacement and compressor repairs at 205 E 7th street, and for renovation at 810 E. 10th Street, the Loveland Police and Courts Building.  She stated that this was a follow up to request the transfer of $44,906, which is the specific dollar amount that was utilized to complete the work. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve transferring $44,906 from the Courthouse Sales Tax Reserve to the 512 Capital Fund to reimburse that fund for renovation at 205 E. 6th Street, as the replacement of boilers and repairs to compressors has been completed.

 

Motion carried 3-0.

 

7.  SECOND READING OF THE REVISED FIRE ORDINANCE:   John Pedas addressed the Board stating that he has been a fireworks vendor for over 30 years.  He questioned why the sale of fireworks is being singled out, and not the sale of matches, etc.  He stated that fireworks will still be available for purchase in the City of Loveland, and those fireworks will more than likely end up in the county, which pretty much defeats the purpose of restricting the sale of fireworks in the county.   Chair Rennels stated that it was contradictory to ban use of fireworks, yet still allow the sale of fireworks during times of extreme fire danger.  Commissioner Eubanks agreed and stated that this is a matter of public safety.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the revised Fire Ordinance, as presented.

 

Motion carried 3-0.

 

12042007O001           ORDINANCE CONCERNING THE RESTRICTION OF OPEN FIRES, CONTAINED OPEN FIRES, AND FIREWORKS

 

8.  URANIUM MINING PUBLIC HEARING:  Commissioner Eubanks suggested holding a public meeting in response to the numerous e-mails and concerns the commissioners have been receiving from citizens requesting action and response to the exploratory uranium drilling taking place in Weld County.  Discussion ensued regarding whether or not it was appropriate to hold a pubic meeting when a formal application to mine for uranium has not been filed with Larimer County.  Mr. Lancaster stated that it would be appropriate to hold a meeting to gain insight and input from the pubic, Powertech Uranium Corporation, and other interested parties, and then provide comments from the Board as an interested/affected neighbor to the project.  Chair Rennels suggested allowing some additional time for the Environmental Advisory Board to conclude their research on this issue, and stated that a hearing in February might be more appropriate. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve scheduling a hearing, no later than February 15, 2008, to allow public comment on uranium mining at the Powertech Centennial Project in Weld County.

 

Motion carried 3-0.

 

9.  BOARD AND COMMISSIONS APPOINTMENT:  Ms. Tokarz presented the following recommendations for appointments and re-appointments to Boards and Commissions: 

 

Agricultural Advisory Board:  Curtis Bridges, (appointment), George Reed, Jon Slutsky, William Spencer, Becky Waldo, and George Wallace, (re-appointments) for three-year terms beginning December 1, 2007, and expiring November 30, 2010. 

 

Juvenile Community Review Board:  Tom Wagner, (appointment), for a three-year term, beginning December 4, 2007, and expiring June 30, 2009.

 

Rural Land Use Board:  Kevin Dudley, (appointment), for a three-year term, beginning December 4, 2007, and expiring June 30, 2009.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the Agricultural Advisory Board, the Juvenile Community Review Board, and the Rural Land Use Board, as presented and outlined above.

 

Motion carried 3-0.

 

Due to the lengthy discussions that occurred throughout the meeting, the Board recessed the meeting at 11:35, and then reconvened at 2:00 p.m. to finish the meeting.

 

10.  WORKSESSION:    Mr. Lancaster informed the Board that the Treasurer will be awarding customer service bonuses to all of her employees.

 

Mr. Lancaster explained that if an employee opts out of the county’s health insurance, then they are entitled to a $50 "rebate" in their paycheck each month.  County policy states that only 8% of employees can be awarded this $50 each month, and for the first time, more than 8% qualify for the reimbursement.   Mr. Lancaster noted that the policy will be re-written to remove limiting the number of employees that can participate, because it is less expensive to the county to pay each $50, than it would be to provide the health coverage.  He requested a waiver of policy so that all requests can be accommodated until the policy is re-written. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve a waiver of policy to honor all requests for the $50 reimbursement for opting out of the county’s health insurance coverage.

 

Motion carried 3-0.

 

Finally, Mr. Lancaster presented a timeline for worksessions that will be held to address the expiration of the sales tax in 2014. 

 

11.  COMMISSIONER REPORTS:  The Board reviewed their activities at events during the past week.

 

12. LEGAL MATTERS:  Mr. Hass presented a resolution establishing a regional library district, noting that the resolution does not impose a tax; it simply establishes the formation of the district.  He then requested approval on the same.  Mr. Hass also noted that there will be an Intergovernmental Agreement (IGA) with the City of Fort Collins regarding the library district; however, the City Council will vote on it tonight, and then it will come back to the commissioners in 10 days.  He suggested that the Board approve the IGA and authorize the Chair to sign the IGA once it is submitted in the form consistent with the draft presented today.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the resolution establishing the Fort Collins Regional Library District. 

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the draft IGA for the Fort Collins Regional Library District, dated November 28, 2007. 

 

Motion carried 3-0.

 

At this time the Board went into Executive Session - (Affidavit provided.)

 

 

M O T I O N

 

Commissioner Gibson 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 the following action was taken:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners authorize the County Attorney to defend and indemnify Kevin Kingston, Chris Gilliand, Bill Nestlerode, and James Alderden, each in his or her individual capacity as Sheriff or Sheriff’s Deputy, in a lawsuit that Timothy Mathis has filed against the above named individuals. 

 

Motion carried 3-0.

 

 

The meeting adjourned at 3:45 p.m.

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

­­­______________________________________

Angela Myers, Deputy Clerk

 

 

 

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