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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MARCH 10, 2008

 

 

LAND USE HEARING

(#176)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioners Eubanks was present.  Also present were:  Rob Helmick, Toby Stauffer, Naomi O'Connor, and Candice Phippen, Planning Department; Doug Ryan, Environmental Health Department; Ed Woodward, and Christy Coleman, Engineering Department; Jeanine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Gibson 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. 

 

Chair Gibson then explained that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience: 

 

1.  CRYSTAL LAKES 12TH FILING LOTS 129 AND 130 LOT CONSOLIDATION/EASEMENT VACATION, FILE #07-S2779:  This is a request to combine two adjacent Lots, Lots 129 and 130, into one lot in the Crystal Lakes 12th Filing and vacate two 10’ utility easements along the common lot line of the two properties.

 

There have been no objections to this proposal from surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

·   The Larimer County Department of Health and Environment 

·   The Larimer County Engineering Department Development Review Services

·   The Larimer County Assessor’s Office

·   The Larimer County Addressing Section

·   The Larimer County Code Compliance Section

 

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 12th Filing Lots 129 and 130, 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 12th Filing Lots 129 and 130, File #07-S2779 subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by September 10th, 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.  BLUE MOUNTAIN AMENDED LOT 2 EASEMENT VACATION, FILE #08-S2783:  This is a request to vacate a 20 foot utility easement through the middle of the property. The easement remains along an old lot line after a previous lot consolidation. The purpose of the easement vacation is to provide more useable building space.

This application was forwarded to the appropriate departments and agencies for comment.  The responses from these groups indicate that there are no other issues of concern. 

The Little Thompson Water District, Qwest, Poudre Valley REA, the Public Service Company, and the Culver Lateral Ditch Company all have no conflict with this easement vacation.

The Development Services Team recommends approval of the Blue Mountain Amended Lot 2 Utility Easement Vacation, a request to vacate a 20 foot utility easement through the middle of the property, along an old lot line.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

3.  AUBURN ESTATES DEVELOPMENT AGREEMENT AMENDMENT, FILE #08-G0152:  This is a request for Modification of Development Agreement to allow issuance of building permits prior to completion of improvements. 

The Auburn Estates Conservation Development Final Plat was approved by the Board of County Commissioners on March 20, 2007 and upon provision of a Letter of Credit collateralizing the public improvements the plat was recorded on March 27, 2007.  The Development Agreement approved at that time contained standard language regarding the installation of and acceptance of improvements and provided for the issuance of building permits based upon completion and acceptance of the improvements. 

 

The developer has submitted this request to allow for the issuance of up to three building permits for “model homes” prior to the completion/acceptance of the improvements.  This development is served by the Boxelder Sanitation District, and although the original plans anticipated a particular alignment and connection to district facilities, this connection has not occurred for a variety of reasons.  The applicant represents that the sewer line serving the development is in place it is just the location and construction of the connection to the existing sewer service that is pending.  It is further represented by the applicant and there is no apparent disagreement from the district that the connection will be completed by April 15, 2008.  The size and scale of the homes in this development, as represented by the applicant, are such that it takes up to one year for completion of the home and requesting a Certificate of Occupancy (C.O.).  All other improvements have been constructed and except for the issue of sewer service could be issued Building Permits pursuant to the provisions of the Development Agreement. 

 

Section 5.13.6 of the Larimer County Land Use Code addresses how and when the Building Department will issues building permits to lots and is memorialized in the standard form of the Development Agreement and is the language in the Development Agreement for this Conservation Development.  This provision is in place to assure that lot owners are not caught by the possible misrepresentations or financial obligations of a developer and are in place to allow for the safe and orderly issuance of permits to third parties who may own lots and have no obligation for the overall improvements in a development.  The Team would note that this request only proposes to revise the requirements for the sewer connection all other requirements for the issuance of building permits are not altered and proof of acceptance or completion and approval must be provided prior to the acceptance of permit applications. 

 

While the time needed to make the connections as represented by the developer is minimal there is no assurance that the sewer connection is or will be made in the time represented.  The sewer connection is a significant distance from the conservation development although the only issue outstanding is construction of the connection the acquisition of easements or ROW has already been accomplished.  While this would appear to be a “minor issue” it is a significant alteration to current procedure.  The issuance of permits without all the required facilities in place is a change, not to be looked upon lightly.  In this case however the staff is convinced that the timing and number of possible permits is a minor concern.  The suggested amendment by the applicant address all of our concerns with the addition of limiting this provision to only three model homes and insuring that the Team reviews and approves the supplemental disclosure letter. 

 

The Development Services Team recommends the Board of County Commissioners approve the modification to the Development agreement for Auburn Estates Conservation Development as proposed by the applicant with the two following changes:

 

1.   The provision for the issuance of permits is specifically noted in the Development Agreement to be limited to three (3) model homes, and;

2.   The Team will review and approve the supplemental disclosure letter to be prepared by the applicant, for distribution to any permitee of any of these permits. 

 

This approval is further conditioned:

 

3.   The amended Development Agreement shall be approved , signed and recorded prior to the issuance of any permits.

4.   The model homes will be issued only Temporary CO’s until the sewer connection is completed. 

 

 

Mr. Helmick briefly explained the proposal as outlined above, noting that staff was in agreement with the applicant; however, since this is such a substantial change from the normal course of action, it was being presented at hearing today.  Mr. Helmick stated that the utilities are almost complete, and although they do not normally issue building permits until the utility connections are established, they are recommending approval subject to conditions 1 through 4. 

 

John Barnett, representative for the applicant, stated that they are in complete agreement with staff and requested approval of the application.

 

There was no public comment on this item, and the Board agreed with staff’s recommendation.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the modification to the Development Agreement subject to conditions 1 through 4, as outlined above.

 

Motion carried 2-0.

 

4. SUPPES (SUNNY JIM’S) ZONING VIOLATION, FILE #06-CC0393:  The property owner is in violation of Section 4.1.16 of the Larimer County Land Use Code governing uses allowed in T-Tourist Zoning Districts by virtue of operating a U-Haul rental truck business on the property in addition to an existing business known as Sunny Jim’s.  Rental truck businesses are not an allowed use in T-Tourist Zoning Districts.  This property is located in Section 7-5-69, off of Highway 34 in between County Road 23H to the East and Wild Rd. to the West, in Loveland, Colorado. 

 

This Code Compliance file was initiated in September 2006 upon receipt of a referral about an illegal U-Haul truck rental business being operated from the site.  See attached event log.

 

The owners met with planning staff in September 2006 after receiving notice of the violation to discuss submitting a special exception application requesting approval by the County to operate the U-Haul business on the property. 

 

In October 2006, the owners submitted a request for a waiver of special exception fees.  The request was denied by the Board of County Commissioners on October 10, 2006. 

 

On October 11, 2007, the Larimer County Attorney’s Office sent the owners a letter advising them the U-Haul business must cease unless the owners submitted an application for and were granted a special exception to continue the business.  See copy of letter attached.  The County Attorney’s Office provided a deadline to obtain special exception approval or cease the U-Haul business no later than March 1, 2008.  To date, the owner continues to operate the U-Haul business on the property without special exception approval.

 

A notice of this hearing was mailed to the owner as well as Chris Whited, a representative of the U-Haul business, on February 8, 2008.

 

In late January 2008, staff was notified by Mr. Whited that U-Haul intended to submit an application for a special exception on behalf of the owner to allow the U-Haul business to remain on site.  A meeting was held with Chris Whited, Customer Advocate Naomi O’Connor, Planner Toby Stauffer, and staff from the Engineering Department on February 14, 2008, to discuss issues connected with Flood Review Board approval and a special exception application.  To date, no applications have been submitted.

 

The Larimer County Land Use Code was enacted, in part, to protect landowner rights while also looking out for overall community interests, and to ensure that new development and/or businesses do not exceed the capacity of existing roads, streets, utilities and other public services.  Issues concerning, in part, adequate parking and traffic control are reviewed through the special exception process, which has not taken place to date, although the business has been operating for at least a year and a half on site.

 

STAFF FINDINGS

 

1.   The property is zoned T-Tourist.

 

2.   Truck rental companies are not an allowed use in T-Tourist Zoning Districts.

 

STAFF RECOMMENDATIONS

 

Find that a violation exists and authorize legal action if the U-Haul truck rental business is not vacated within 30 days from the date of this hearing. 

 

If, at a later date, a special exception application is submitted, staff will assist the property owner and/or the U-Haul business through the application process, however, staff does not recommend that the business continue to operate during the application process.

 

Ms. Phippen displayed an aerial view of the property and photos depicting the U-Haul vehicles located on the property.  She reviewed the history of previous contact with the owner and the U-Haul representative, and asked that the Board find that a violation exists and for the owner to cease operation until the business has been approved as a use in this zoning district.

 

Ida Suppes, owner of the property and business, briefly addressed the Board and explained that she had recently lost her husband and has not been able to get the application finished and submitted to planning staff. 

 

Justin Frank, representative for U-Haul, stated that there has been a shift in responsibility for the U-Haul businesses in Northern Colorado, and that he is now assigned to the region.  He apologized for the delay in resolving this issue and asked for an extension in order to be able to review and submit the application properly.  Commissioner Eubanks asked how much time they would need, and Mr. Frank stated that a 30-day extension should be sufficient.

 

There was no public comment on this item. 

 

Discussion ensued and staff asked that the owner cease operations until the business is approved, due to potential safety issues regarding the vehicles pulling out on to Highway 34.  Mr. Woodward explained that the application would need to be presented to the Flood Review Board, and that the next opportunity for that to occur would be April 24, 2008.  Ms. O’Connor explained that there is also a deadline for the Special Review submittal, and explained what the owner would need to do in order to meet a 30-day extension.  Ms. Stauffer stated that she had met with the previous U-Haul representative, Chris Whited, and felt confident that the application could be submitted within 30 days; however, the Special Review could take up to a year to complete.

 

Commissioner Eubanks asked Ms. Suppes how much of her income is based upon the U-Haul business.  Ms. Suppes estimated that it contributes to about 1/4th of her total income.  Ms. Suppes stated that there have not been any accidents at her location, either with the U-Hauls, or other patrons of her candy shop.

 

Chair Gibson stated that they are always trying to encourage local business, and further stated that there is a good amount of room for the vehicles to turn around on the site; therefore, he felt comfortable allowing the business to continue.  Commissioner Eubanks agreed and noted that a business cannot survive if it is forced to cease operations for up to one year.  Both Commissioner Eubanks and Chair Gibson were inclined to allow the U-Haul business to continue, but agreed with staff’s recommendation to limit the U-Haul vehicles on site. 

 

M O T I O N

 

Commission Eubanks moved that the Board of County Commissioners delay finding that a violation exists on this property, and allow an application extension with an April 2008 submittal deadline, and allow the U-Haul business to continue with a limit of no more than four vehicles operating on site.

 

Motion carried 2-0.

 

5.   HIGHWAY 34 VIOLATIONS, FILE #05-BV0281:  The violation consists of four separate properties located north off of Highway 34: The parcels are described as:

 

Parcel A:  Zoned FA-1 Farming, Parcel No. 0512000002, known as 7006 W. Highway 34, Loveland, Colorado; record owner is Jack Berquist;

 

Parcel B:  Zoned FA-1 Farming, Parcel No. 0512000033, known as 6715 W. Highway 34, Loveland, Colorado; record owner is Decision One Mortgage Company, LLC;

Parcel C:  Zoned T-Tourist, Parcel No. 0512000029, known as 6803 W. Highway 34, Loveland, Colorado; record owner is Redcliff, Inc.; and

Parcel D:  Zoned T-Tourist, Parcel No. 0512000003, known as 6757 W. Highway 34, Loveland, Colorado; record owner is Redcliff, Inc.

 

Code Compliance File No. 05-BV0281 was originally initiated on August 8, 2005, upon receipt of an e-mail from a potential purchaser requesting an on-site inspection

At a hearing held on September 5, 2006, the Larimer County Board of County Commissioners (BCC) agreed with a determination made by Larry Timm, Larimer County Planning Director, summarized in a letter dated May 3, 2006, addressed to the property owners at the time concerning legal uses of properties and structures thereon.  All references to the subject properties in this staff report will be to Parcels A, B, C and D as described above.

After concurring with the Planning Director’s determination, the BCC granted the property owners sixty (60) days from the date of the hearing to submit a special exception application to the County to begin the approval process necessary to operate certain businesses and use certain structures on the properties in order to resolve outstanding Land Use and Building Code issues.  To date, no applications have been submitted.

Due to potential foreclosure actions and/or sales of the properties in question, the Larimer County Attorney’s Office, by letter dated October 11, 2007, advised property owners of record and interested parties that violations of the Larimer County Land Use Code and Building Code continued to exist on the properties, and, in the event any of the properties remained in violation of County regulations on March 1, 2008, a hearing would be scheduled before the Larimer County Board of County Commissioners to request authority to file legal action to enforce County regulations.  As the violations continue to exist, this hearing was scheduled.

A courtesy notice reminding interested parties of the March 1, 2008, deadline was mailed on February 6, 2008, and a Notice of this hearing was mailed to all property owners and interested parties on February 8, 2008.  A copy of this Staff Report was mailed to all owners of record and interested parties on February 26, 2008.

Parcel “A” was sold to Jack Berquist.  Parcel “B” is subject to a contract for sale, with a closing date at the end of March 2008.  Parcels “C” and “D” are owned by Redcliff, Inc., which is owned by Mr. and Mrs. Fritz, and may be subject to sales’ contracts in the near future.

Three parcels are currently listed for sale or under contract for sale.  Staff wish to fully disclose all outstanding issues connected to these parcels to prospective buyers in order to abate future, potential problems, including, but not limited to, the following issues:  1)  Illegal truck rental business in a T-Tourist Zoning District; (2) occupancy of structures permitted and inspected for storage use only with no inspections to confirm compliance with Electrical, Building and Fire Code regulations which may result in life-safety issues; (3) the lack of adequate sewage disposal systems may result in health and contamination issues; and (4) structures constructed in a flood plain area need to be removed or approved pursuant to Flood Review Board regulations as well as valid building permits and inspection approvals.

Ms. Phippen presented an aerial view of the properties in questions, and briefly explained the situation as outlined above. She recommended the Board authorize legal action to enforce County regulations.  At this time Chair Gibson suggested that they consider each parcel individually. 

 

Parcel A:  Mr. Berquist purchased the property on 9/19/2007.  Mr. Berquist voluntarily obtained all required inspection approvals for an expired building permit for an addition to the residence on the property.  Mr. Berquist plans to remove used concrete placed along the south bank of the Big Thompson River by previous owners, however, due to weather, has requested additional time to finish the work. 

 

Ms. Phippen stated that Parcel A is now in compliance; therefore, it was removed from the agenda.

 

Parcel B:  This property is subject to a contract for sale.  The purchaser is Claudia Sager.  The closing is scheduled for the end of March 2008. 

On Tuesday, February 19, 2008, Ms. Sager met with Ed Woodward, Larimer County Engineering Department, and Candace Phippen, Code Compliance Section, to discuss uses allowed in the FA-1 Zoning District as well as two structures constructed in a flood plain without building permits or inspections.  Ms. Sager understands, as the new owner, she must obtain Flood Review Board approval, and, if approved, building permits and required inspection approvals, in order to keep the two structures constructed in the flood plain on the property.  Part of the building permit process will include approval through the Larimer County Department of Health & Environment for a proper septic system connected to the larger building.  Ms. Sager indicates if she cannot obtain Flood Review Board approval for the two structures, she will voluntarily remove the structures from the property.  In the meantime, the structures will not be used or occupied. 

Prior to this hearing, Ms. Sager will meet with planning staff to discuss uses allowed on the property pursuant to the Larimer County Land Use Code in the FA-1 Zoning District. 

 

Claudia Sager addressed the Board and explained her vision for the property as being a place to run her non-profit organization called “Give me a Smile” which will foster relationships between youth and senior citizens.  Ms. Sager stated that she wants to bring the buildings into compliance, and realizes that there is a flood plain issue.  She asked for a 6-month extension to be able to bring the buildings into compliance.

Dennis Jones, friend and supporter of Ms. Sager, thanked staff for their assistance in this matter and also requested the Board grant an extension so they can rectify the issue properly.

Commissioner Eubanks asked if a 6-month extension would be adequate review time for the Flood Review Board.  Mr. Woodward replied in the affirmative.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners authorize legal action immediately if the two structures constructed in a flood plain without required County approvals are used or occupied.  As well, legal action is authorized within six (6) months from the date of this hearing if the two structures constructed in a floodway are not removed from the property or, upon approval from the Flood Review Board, if building permits and required inspection approvals are not obtained. 

Motion carried 2-0.

 

Parcel C:  This property may be subject to a contract for sale in the near future.  In order to reach compliance with County regulations, the following actions must take place:

 

            1.  The Penske truck rental business must vacate the property.  If Penske wishes to maintain a truck rental business on the property, staff will assist the property owner and/or Penske through a special exception application process, however, staff does not recommend the business continue to operate during the application process.

            2.  Two retail buildings and uses on site are considered nonconforming.  The retail business uses may continue, however, the structures and uses cannot be expanded, extended or changed in character without prior County approval.  If a nonconforming use/structure is discontinued for more than twelve (12) consecutive months, the use cannot be re-established.

            3.  There are no building or septic permits of record, however, no permits would have been required prior to 1972.  If the septic system is enlarged or repaired, a septic repair permit is required from the Larimer County Department of Health & Environment.  If the buildings are enlarged or the use of the structures is changed, approval from the Larimer County Planning and Building Departments must first be obtained.

            4.  No residential use is allowed on the property.  If there is an apartment in one of the structures on the property, it was constructed without building permits or required inspection approvals.  In order to comply with County regulations, the owner must convert the dwelling unit to an accessory use allowed in the T-Tourist Zoning District through a valid remodel permit and required inspection approvals obtained from the Larimer County Building Department. 

            5.  Outdoor storage and/or display of goods is allowed in T-Tourist Zoning Districts as long as the outdoor storage complies with the conditions contained in Section 4.3.10.K. of the LUC (see below).  The outdoor display of merchandise for sale must be clearly secondary and incidental to the principal use of the property.

 

            1.  The accessory outdoor display area must be outside any parking, traffic circulation, right-of-way and/or landscaping area that serves the site.

            2.  The accessory outdoor display area must be outside the sight triangle at any intersection or driveway as determined by the Urban Area Street Standards or the Rural Area Road Standards.

            3.  The accessory outdoor display area cannot be any larger than the square footage of the principal building on the lot.

            4.  Accessory outdoor display areas must be effectively screened from any adjacent property zoned to allow residential uses.

5.  Accessory outdoor display and sales items are displayed outdoors only when the principal use is open for business (i.e., must be taken in at night).

 

Ms. Phippen stated that the Penske truck rental business has vacated the property.  She also explained that the outdoor storage issue has been resolved, and that the only outstanding item is the remodel of the existing apartment and documenting it as an allowed accessory use.

Owner Tim Fritz addressed the Board and explained that they did not construct any improvements and that there is electrical, plumbing and septic that has been added at some point.  He then provided data to staff which shows that there have been utility bills associated with the property as early as the 1960’s.  Mr. Fritz stated that the work must have been completed prior to permitting requirements.

Ms. Phippen stated that she was more than willing to delay a finding based upon the new information presented by Mr. Fritz. 

There was no public comment on this item.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners table this item to April 7, 2008, at 3:00 p.m.

Motion carried 2-0.

 

Parcel D:  One retail business use (or other uses itemized in Section 4.1.16 of the Land Use Code) is allowed on the property, however, because the structures located on the property were never permitted for a retail business use, the owner must first obtain change of occupancy permits and required inspection approvals from the Building Department. One structure on the property may be used for a retail business use.  The other structure on the property must be used for a purpose accessory to the main business use.  Two retail business uses are not allowed on the property. 

Building Code Issues:  The structures on this parcel were constructed under valid building permits in 1981 and 1982 for storage use only with no plumbing, heat or electrical work.  Additions have been constructed and a sewage disposal system, electrical work, plumbing, heat and gaslines have been installed without permits.  Change of occupancy permits are required for the structures if they are used for anything other than storage, or remodel permits are required for unpermitted additions and the installation of utilities if the structures are used for storage only. 

Pre-approval from the Larimer County Planning Department is required for setbacks from property lines, roadways and waterways for the unpermitted additions prior to obtaining building permits. 

Depending on the use of the structures, permits may be subject to further approval by the Loveland Fire Department, the Larimer County Engineering Department for access issues, and the Planning Department. 

When work is completed without required building permits and inspection approvals, evaluations from a Colorado registered structural engineer, Colorado licensed master electrician and Colorado licensed master plumber are required.  To date, the attached evaluations from Chambers Plumbing & Heating and Legacy Electric, Inc. for work completed in the two structures are on file; however, there is no structural evaluation by a registered engineer or approval from the Larimer County Department of Health & Environment for the existing septic.  A floor layout plan showing how the structures are or will be used has not been submitted nor have any applications for building permits.  

 

Mr. Fritz again stated that they did not complete any of the improvements on this property.  Ms. Phippen stated that the property is for sale and potential buyers should be made aware that the structures cannot be occupied until the proper inspections and permits are approved.  Discussion ensued as to how this is made available to the public.  One method is by the Findings and Resolution that is prepared as a result of these hearings. 

There was no public comment on this item.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners authorize legal action immediately if the structures on the property are used or occupied without first obtaining prior County approval, including required Site Plan Review for a new business together with remodel or change of occupancy building permits and inspection approvals.

Motion carried 2-0.

The hearing adjourned at 4:25 p.m.

 

TUESDAY, FEBRUARY 26, 2008

 

ADMINISTRATIVE MATTERS

(#181)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioner Eubanks was present.  Also present were:  Donna Hart, Diane Tokarz, and Deni LaRue, Commissioners’ Office; Scott Doyle, and John Green, Clerk and Recorder's Office; Andy Paratore, Facilities and Information Technology Division; Gary Buffington, and K-Lynn Cameron, Natural Resources Department; Charlie Johnson, Engineering Department; Linda Coxen, District Attorney's Office;  and Gael Cookman, Deputy Clerk.

 

1.   PUBLIC COMMENT:   There was no public comment today. 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 26, AND MARCH 3, 2008:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of February 26, 2008, as amended.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of March 3, 2008, as presented.

 

Motion carried 2-0.

 

 

3.  REVIEW THE SCHEDULE FOR THE WEEK MARCH 17, 2008:  Ms. Hart reviewed the upcoming schedule with the Board.

 

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 March 11, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Ben and Jennifer Kilgore.

 

03112008A001           EASEMENT AGREEMENT GRANTED TO LARIMER COUNTY BY HEBERT AND FRAZIER, LLLP.

 

03112008A002           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR LEGACY HEIGHTS CONSERVATION DEVELOPMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FOUR SEASONS REALTY INC. OF LONGMONT, AND THE LEGACY HEIGHTS HOMEOWNERS ASSOCIATION

 

03112008A003           SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR TEAL CREEK P.U.D. (TWO PHASES) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, K & M COMPANY LLP, AND TEAL CREEK HOMEOWNERS ASSOCIATION

 

03112008A004           LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND INNER-HEALTH PROPERTIES, LLC. FOR PROPERTY AT 1017 ROBERTSON, SUITE A, FORT COLLINS, COLORADO

 

03112008A005           GRANT AGREEMENT IMPROVEMENTS AT HERMIT PARK OPEN SPACE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE GATES FAMILY FOUNDATION

 

03112008A006           LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND GB VENTURES LLP, FOR PROPERTIES AT 2601 MIDPOINT DRIVE, SUITES 100-116

 

03112008A007           ARCHITECT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE ARCHITECTS' STUDIO, INC.

 

03112008A008           ARCHITECT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND KENNEY & ASSOCIATES, INC.

 

03112008D001           DEED OF DEDICATION - HEBERT AND FRAZIER, LLLP

 

03112008D002           DEED OF DEDICATION - COULSON EXCAVATING COMPANY, INC.

           

MISCELLANEOUS:  Impact Assistance Grant Application - GOCO; Impact Assistance Grant Application - DOW; Department of Human Services Payments for January 2008; Letter of Support for a GOCO Grant for the City of Fort Collins Natural Areas Program.

 

LIQUOR LICENSES:  The following license was both approved and issued:  Sundance Trail Guest Ranch - Retail Liquor Store - Red Feather Lakes.  The following permits were approved:  Wolverine Farm Publishing - Special Event 6% - Fort Collins; Riversong Bed & Breakfast - Bed & Breakfast 6% Permit - Estes Park.

 

Motion carried 2-0.

 

5.   ACQUISITION OF LEASED WAREHOUSE SPACE FOR STORAGE OF ELECTION SUPPLIES AND EQUIPMENT:  Mr. Doyle and Mr. Green explained the need to vacate the existing facility and expand the area for storing elections equipment.  Mr. Green presented photos of the existing facility, noting that a cabinet maker has “moved in” next door, and the fumes from that business is causing a health risk to employees.  He explained that Risk Management has stated that they need to consider moving, or find a way to improve the air quality of the facility.  Mr. Green presented cost comparisons for potential new warehouse locations, noting that they have been able to find facilities for rent at $10.00 per square foot, which is below average for the type of facility they are considering.  Chair Gibson asked why this proposal wasn’t submitted with the Clerk and Recorder’s 2008 budget.  Mr. Doyle stated that the cabinet company moving in next door was a variable that couldn’t have been anticipated.  Mr. Paratore explained that the increase in cost for square footage is due in part to the fact that they will be renting a facility that is fit for humans to work in, which means the air quality, heating, and plumbing are all in place.  Mr. Keister stated that the costs associated with this request would come from the General Fund.  He further explained that this was a necessity and that due diligence had been performed to find a facility with low-end cost per square footage. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve increasing the Clerk and Recorder 2008 budget in the amount of $72,000 to cover the one-time and lease costs for relocating to a new warehouse facility.  

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve increasing the Clerk and Recorder 2009 budget in the amount of $94,000 to cover the on-going increase in lease costs for the new warehouse facility. 

 

Motion carried 2-0.

 

6.  RECORD MANAGEMENT TECHNICIAN POSITION IN THE DISTRICT ATTORNEY'S OFFICE:  Ms. Coxen requested Board approval to increase a .5 FTE to a 1.0 FTE as they have a critical need for a full time records technician.  Ms. Coxen noted that this is not a request for additional monies, as the funds would be converted from their Temporary line item within their current existing budget.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the increase of a Records Technician I from .5 FTE to 1.0 FTE.

 

Motion carried 2-0.

 

7.  BOARDS AND COMMISSIONS APPOINTMENTS:   Ms. Tokarz presented the following recommendations to Boards and Commissions and requested approval on the same: 

 

Public Improvement District #33 - Prairie Trails:  Don Morgan, appointed for a 2-year term beginning March 11, 2008, and expiring November 30, 2010.  Robert Huffsmith and Brad Vitale, appointed for a 4-year term beginning March 11, 2008, and expiring November 30, 2012. 

 

Public Improvement District #34 - Mountain Range Shadows:  Harold Barhite appointed for a 2-year term beginning March 11, 2008, and expiring November 30, 2010.  Lynn Dean and Richard Mortenson appointed for a 4-year term beginning March 11, 2008, and expiring November 30, 2012.

 

Public Improvement District #38 - Centro Business Park:  Joe Larson appointed for a 2-year term beginning March 11, 2008, and expiring November 30, 2010.  Dan Eckles and Todd Niermeyer appointed for a 4-year term beginning March 11, 2008, and expiring November 30, 2012. 

 

Public Improvement District #40 - Paragon Estates:  Jeffery Warning appointed for a 2-year term beginning March 11, 2008, and expiring November 30, 2010.  Tim Podhajsky and James Wetzler appointed for a 4-year term beginning March 11, 2008, and expiring November 30, 2012. 

 

M O T I O N

 

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

 

Motion carried 2-0.

 

8.   RESOLUTION SUPPORTING STATE BILL FOR AN ACT CONCERNING DONATING OF CONSERVATION EASEMENTS IN THE STATE:  Ms. Cameron requested the Board approve a resolution supporting House Bill 08-1353, which would implement additional requirements to verify the validity of a state income tax credit claimed by a taxpayer for donating a conservation easement in the state.  She noted it would increase accountability and transparency of state tax credits to ensure the program benefits Colorado tax payers in a cost-effective manner, while preserving irreplaceable lands.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve a resolution supporting the passage of a State Bill for and Act concerning the implementation of additional requirements to verify the validity of a state income tax credit claimed by a taxpayer for donating a conservation easement in the state.

 

Motion carried 2-0.

 

03112008R001           RESOLUTION SUPPORTING HOUSE BILL ENTITLED "VERIFY CONSERVATION EASEMENT TAX CREDITS" 

 

9.   PETITION FOR ANNEXATION - FOSSIL CREEK REGIONAL OPEN SPACE PROJECT:  Ms. Cameron explained that Larimer County and the City of Fort Collins have entered into an Intergovernmental Agreement (IGA) for the Fossil Creek Regional Open Space properties.  She noted that the IGA also states that in the event that the properties are annexed into the City of Fort Collins, then the City shall become the managing entity.  Ms. Cameron stated that the City is proceeding with annexation, and explained that Larimer County's financial responsibilities will cease on January 1, 2010, when annexation of this property is realized.  Finally Ms. Cameron stated that the County will retain its ability to approve any changes to the existing Management Plan and will approve any future improvements.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Petition for Annexation of Fossil Creek Regional Open Space Properties to the City of Fort Collins.

 

Motion carried 2-0.

 

10.  SEMI-ANNUAL CREDIT CARD REPORT: Mr. Gluckman reviewed the semi-annual credit card report with the Board, noting there were no outstanding items associated with the report.

 

11.    TRAIN HORN NOISE:  This item was tabled to a future Administrative Matters meeting.

 

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

 

13.  COMMISSIONER REPORTS:  The Board reviewed their activities during the previous week.

 

14.  LEGAL MATTERS:  There were no legal matters to discuss.

 

 

The meeting adjourned at 10:40 a.m.

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

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