MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, September 1, 2008
There were no meetings held on Monday due to the Labor Day holiday.
Tuesday, September 2, 2008
The Board of County Commissioners met at 9:00 a.m. with County Manager, Frank Lancaster. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Gary Darling, Deni LaRue and Donna Hart, Commissioner’s Office; Doug Ryan, Environmental Health Department; Rob Helmick, Planning Department; Ginny Riley, Human Services Department; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; George Haas, County Attorney; Jeanine Haag and William Ressue, Assistant County Attorneys; Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: Gina Janett addressed the Board regarding the Northern Integrated Supply Project. Ms. Janett requested the Board listen to the comments of the people of Fort Collins, during the city’s meeting tonight, before submitting their comments to the Army Corps of Engineers. She specifically addressed concerns about water quality and waste water treatment costs associated with the project.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 25, 2008:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of August 25, 2008.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 8, 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 September 2, 2008:
09022008A001 ADDENDUM TO CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NORTH RANGE BEHAVIORAL HEALTH
09022008A002 COMMUNITY CORRECTIONS SUB-CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LOGAN COUNTY COMMUNITY CORRECTONS BOARD AND LARIMER COUNTY COMMUNITY CORRECTIONS
09022008A003 17TH JUDICIAL DISTRICT, COLORADO COMMUNITY CORRECTIONS PROGRAM SUBCONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE ADAMS COUNTY BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY COMMUNITY CORRECTIONS PROGRAM
09022008A004 PROJECT SELF-SUFFICIENCY AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS THROUGH THE LARIMER COUNTY WORKFORCE CENTER AND PROJECT SELF-SUFFICIENCY
09022008A005 SUB-CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD AND COMCOR, INC.
09022008A006 SUB-CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY COMMUNITY CORRECTIONS ADVISORY BOARD AND CORRECTIONAL ALTERNATIVE PLACEMENT SERVICES
09022008A007 CHAFEE FOSTER CARE INDEPENDENCE PROGRAM PROPOSED PLAN BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, JACKSON COUNTY AND THE COLORADO DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD WELFARE SERVICES
09022008R001 RESOLUTION TO ESTABLISH VOTE CENTERS
09022008R002 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 13 AND 14 OF YODER SUBDIVISION AND FEE APPEAL
09022008R003 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT 2 IN THE ALVEY/HAHN AMENDED EXEMPTION AND EASEMENT VACATION
09022008R004 FINDINGS AND RESOLUTION APPROVING THE ROSE BRINKS ADDRESS APPEAL
09022008R005 FINDINGS AND RESOLUTION APPROVING THE CAMPION INDUSTRIAL PARK CONDOMINIUMS
09022008R006 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 4 AND 5 OF THE THOMPSON’S LAKESIDE SUBDIVISION
09022008R007 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 207 AND 208 OF CRYSTAL LAKES SUBDIVISION 12TH FILING AND VACATION OF UTILITY EASEMENT
09022008R008 FINDINGS AND RESOLUTION APPROVING THE STEGNER PIT NIGHT HAUL AMENDMENT TO CONDITION OF APPROVAL
09022008R009 FINDINGS AND RESOLUTION APPROVING THE ENCLAVE AT EAGLE VIEW CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND APPEAL TO SECTION 8.14.Q (DEAD END ROAD LENGTH)
09022008R0010 FINDINGS AND RESOLUTION APPROVING THE TEN BEARS WINERY FEE APPEAL
09022008R0011 FINDINGS AND RESOLUTION APPROVING THE KEITH MEYER FLOODPLAIN SPECIAL REVIEW
09022008R0012 FINDINGS AND RESOLUTION DENYING THE OTTER ROAD ADDRESSING/NAME APPEAL
MICELLANEOUS: Corrected Plat – Brauch Subdivision.
LIQUOR LICENSES: The following licenses were approved and issued: Etalem Inc., doing business as, Branding Iron Liquor – Retail Liquor Store – LaPorte; Jercat LLC, doing business as, Hideout Patio Bar & Grill – Tavern – Fort Collins.
Motion carried 3-0.
5. COMMISSIONERS’ WRITTEN COMMENTS CONCERNING NORTHERN INTEGRATED SUPPLY PROJECT (NISP): Mr. Ryan and Mr. Helmick presented a draft of the Environmental Impact Statement for the NISP. The draft was written after the worksession on August 25, 2008, at which time, staff was directed to include public testimony and emails from citizens concerned about the project and its effects, in the letter.
The draft letter was reviewed by the Board who ultimately felt it lacked vital information and opinions from the Board and the public. Therefore, Chair Gibson asked that each Commissioner provide staff with specific information they wish to include in the letter and that revisions be made to the letter in accordance to the Commissioner’s suggestions. The Board asked that the revised letter be resubmitted for approval during next week’s Administrative Matters’ meeting.
6. REQUEST TO INCREASE STAFFING FOR THE DEPARTMENT OF HUMAN SERVICES: Ms. Riley addressed the Board to request increased staffing for the Benefits Planning, Child Welfare, and Child Support Programs of the Department of Human Services. Specifically, Ms. Riley requested: two additional Child Support Technician I positions; one additional Case Manager II position for the Child Support Responsible Fatherhood program; one additional Social Caseworker II position to facilitate family meetings for Senate Bill 94-referred families; one Senior Social Caseworker position; and two additional Income Maintenance Technician I positions.
After some explanation of where the resources for these positions would come from, the Board felt that the positions requested were necessary, justified, and adequately funded.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve seven additional full time equivalents fort he Department of Human Services to include: two additional Child Support Technician I positions; one additional Case Manager II position for the Child Support Responsible Fatherhood program; one additional Social Caseworker II position to; one Senior Social Caseworker position; and two additional Income Maintenance Technician I positions.
Motion carried 3-0.
7. RESOLUTION REFERRING A BALLOT ISSUE TO THE 2008 GENERAL ELECTION BALLOT FOR THE APPROVAL OF SUCH PROPOSAL: Mr. Darling addressed the Board and requested approval of a resolution to add an issue to the 2008 Election Ballot to establish a sales tax to be used to construct and operate a treatment and detox facility for mental health, substance abuse, and alcohol abuse, and to operate out-patient services in connection with the facilities.
The Board expressed their excitement about this issue and their desire for the issue to pass during the upcoming election.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the resolution referring a ballot issue to the 2008 General Election Ballot for a sales tax to be used to construct and operate a treatment and detox facility for mental health, substance abuse, and alcohol abuse, and to operate out-patient services in connection with the facilities.
Motion carried 3-0.
09022008R013 RESOLUTION DESCRIBING A PROPOSAL FOR THE IMPOSITION OF A COUNTY-WIDE SALES AND USE TAX; REFERING A BALLOT ISSUE TO THE 2008 GENERAL ELECTION BALLOT FOR THE APPROVAL OF SUCH PROPOSAL AND CALLING AN ELECTION
8. COMMISSIONERS’ WORKSESSION POLICY: Mr. Lancaster addressed the Board regarding the policy on who may request a worksession and the items that may be discussed during worksessions, stating that the current policy was vague and may need to be updated. However, after some discussion by the Board, it was determined that the policy did not need to be updated.
9. COUNTY MANAGER WORKSESSION: Mr. Lancaster did not have any matters to discuss with the Board at this time.
10. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
11. LEGAL MATTERS: Mr. Helmick informed the Board about complaints received by staff in regards to the Greyco Blasting Special Exception hearing, which has not be scheduled as of yet. Mr. Helmick stated that this has been a very heated topic and threats against people and property have been reported.
Mr. Haas requested that the Board go into Executive Session to receive legal advice about the Gurlter Zoning Violation.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session to receive legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.
Motion carried 3-0.
The meeting recessed at 10:30 a.m., with no further action taken.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioner Eubanks was present. Also present were: Michael Whitley, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Gael Cookman, Clerk and Recorder’s Office; Tamara Slusher, 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 stated that Item #1, Ehmann Minor Land Division and Appeal, File #08-S2812, would be moved to the consent agenda unless there was objection from Commissioner Eubanks, staff, or public.
M O T I O N
Commissioner Eubanks moved to place Item #1, Ehmann Minor Land Division and Appeal, File #08-S2812 on the consent agenda for September 2, 2008.
Motion carried 2-0.
Chair Gibson noted that the following items were on consent and would not be addressed unless requested by the Board, staff, or members of the audience:
1. EHMANN MINOR LAND DIVISION AND APPEAL, FILE #08-S2812: This is a request for an Appeal to Section 5.4.3.B of the Land Use Code to allow an Exemption Tract to be divided through a Minor Land Division process and approval of a Minor Land Division to divide Tract A of the Ehmann Exemption into two lots.
The applicant seeks approval of a Minor Land Division on approximately 11.35 acres, located at the southeast corner of Country Club Road and Sage Drive. The property contains one single-family home. The existing home would be on the proposed Lot 1 (2.2 acres) with the balance of the property within the proposed Lot 2 (9.0 acres). Development would not be allowed on Lot 2 until an appropriate subdivision process is approved by the Board of County Commissioners.
The Minor Land Division plat would dedicate an eight-foot wide strip of right-of-way along the northern property line. This strip will dedicate a total of 3,964 square feet for future improvements to Country Club Road. The plat would also dedicate a new nine-foot wide utility and drainage easement adjacent to the northern property line.
The northern third of the property is zoned R- Residential and the southern two-thirds of the property is zoned FA – Farming. The zoning is not proposed to be changed.
The subject property is Tract A of the Ehmann Exemption which was approved by the Board of County Commissioners and recorded in December, 1979. Typically land that was part of an Exemption process cannot be divided by the Minor Land Division process. The applicant has requested an appeal to allow a Minor Land Division of the property to expedite the division and sale of the property.
The property was owned by Johanna Ehmann who passed away on August 4, 2008. The home has been unoccupied recently while Mrs. Ehmann was cared for in a nursing home. The property was used as collateral to help pay for her care. Mrs. Ehmann’s family has had the property for sale for over one and a half years. The family has indicated some potential buyers have been interested in the home but not the balance of the 11.35-acre parcel while others have been interested in the undeveloped land but not the home. The family now has an offer from a party interested in the proposed Lot 1 which would include the home on approximately 2.2 acres. The sale cannot be completed until the Minor Land Division plat is recorded.
No neighbors have made comment on the appeal or the Minor Land Division. The following Larimer County and outside review agencies had the following comments on the appeal and Minor Land Division plans:
· Dale Greer, Land Surveyor with the Larimer County Engineering Department identified a few technical corrections needed on the plat.
· The Larimer County Engineering Department provided a few comments on the plat that have since been addressed by the surveyor. Mr. Tracy also provided general advisory comments that would apply to any future improvements or development proposed on the property.
· Planning Division staff will require that the following note be added to the Final Plat: “Until an appropriate land division application is approved by the Board of County Commissioners, no development, including the construction of a single family residence, shall occur on Lot 2 of the Ehmann Minor Land Division.”
· Code Compliance staff indicated there are no known building code issues on the property.
· The Larimer County Department of Health and Environment had no issues with the proposal.
· The Larimer County Addressing Coordinator noted an address will be assigned to Lot 2 at the time of development.
The applicant has submitted a signed Utility Checklist, as required, which indicated that the utility providers in this area have no objections to this application.
Except for being part of a previously approved Exemption, the Ehmann Minor Land Division complies with the review criteria and applicable standards of the Larimer County Land Use Code and should not present any compatibility issues with the surrounding properties and uses. The Development Review Team supports the appeal to allow a Minor Land Division on the subject property.
A. The Ehmann Minor Land Division is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code, provided the applicant complies with all conditions of approval.
B. The Ehmann Minor Land Division is part of a previously recorded exemption. Staff supports approval of an appeal to the review criteria to allow this property to be subdivided as a Minor Land Division.
C. The Ehmann Minor Land Division will meet the minimum lot size requirements for the R- Residential and FA – Farming zoning districts.
D. The parcels created can meet the minimum access standards of the County Engineering Department.
E. The Ehmann Minor Land Division will not result in any negative impacts to surrounding properties or uses.
The Development Services Team recommends approval of an appeal to Section 5.4.3 of the Land Use Code, to allow Tract A of the Ehmann Exemption to be divided as a Minor Land Division.
The Development Services Team recommends approval of the Ehmann Minor Land Division, File # 08-S2812, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:
1. All conditions of approval shall be met and the Final Plat recorded by March 2, 2009 or this approval shall be null and void.
2. Prior to the recordation of the Final Plat the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
3. The following note shall be added on the Final Plat: “Until an appropriate land division application is approved by the Board of County Commissioners, no development, including the construction of a single family residence, shall occur on Lot 2 of the Ehmann Minor Land Division.”
M O T I O N
Commissioner Eubanks moved to approve the amended consent agenda for September 2, 2008, as outlined above.
Motion carried 2-0.
There being no further business, the hearing adjourned at 3:10 p.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk
Tamara L. Slusher, Deputy Clerk