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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 27, 2008

 

LAND USE HEARING

(#27)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioner’s Eubanks and Rennels were present.  Also present were:  Eric Tracy, Engineering Department; Toby Stauffer and Sean Wheeler, Planning Department;  Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gibson opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget, Land Use Code or Rubbish Ordinance.  No one from the audience addressed the Board regarding any of these topics.

 

Jeff Schneider addressed the Board regarding the way in which items are scheduled for Land Use Hearings.  Mr. Schneider warned the Board that due to the  economic state, delaying hearings can cause significant hardships for applicants.

 

Mr. Lafferty stated that staff tries to consolidate items as much as possible but if an item has not been resolved by the Board by 10:00 p.m., for evening hearings, the item will be delayed until a later date.  Many of the items that appear before the Board also must appear before the Planning Commission and this may also cause delay. 

 

The Board and Mr. Lafferty agreed to look into all possible causes of delay and try to amend these problems.

 

Mr. Schneider also expressed gratitude to the Board for reinstating the Contractor’s Licensing Program.

 

Chair Gibson noted that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  Mr. Wheeler informed the Board of a possible conflict with item one, “Pitts Minor Special Review, file #08-Z1714,” and Chair Gibson suggested that the item be pulled from today’s Consent Agenda for further discussion.

 

2.         GLACIER VIEW MEADOWS 3RD FILING LOTS 12 AND 13 LOT CONSOLIDATION & EASEMENT VACATION, FILE #08-S2832:  This is a request to combine two adjacent lots, Lots 12 and 13, Glacier View Meadows 3rd Filing, into one lot, and to vacate the utility easement located on the common lot line. The utility easement adjacent to Willow Mountain Court will remain as it is.

 

The proposed lot consolidation and 30-foot utility easement vacation, 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.

 

Staff recommends approval of the requested lot consolidation and the vacation of the 30-foot utility easement, subject to the following conditions:

 

1.    All conditions of approval shall be met and the final resolution of the Board of County Commissioners recorded by April 27, 2009, 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.

 

The vacation of the utility easement and the consolidation of the lots shall be finalized at such time when the findings and resolution of the Board of County Commissioners is recorded.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Consent Agenda for October 27, 2008.

 

Motion carried 3-0.

 

1.         PITTS MINOR SPECIAL REVIEW, FILE #08-Z1714:  This is a request to construct an accessory living area as part of a carriage house with a garage beneath.  The subject property is located on the west side of Terry Lake Road, Highway #1, north of Fort Collins.  The accessory living area will be approximately 669-square-feet in size, below the total 800-square-feet allowed by the Land Use Code.  The structure will be located in the same area as the existing garage.   The living area will be for the use of family members and guests of the applicants.

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property, while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use as well.  Staff has concluded this request meets these standards, and supports approval of the Pitts Minor Special Review for an accessory living area, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Pitts Minor Special Review, file #08-Z1714, except as modified by the conditions of approval or agreement of the county and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Pitts Minor Special Review.

 

2.         This application is approved without the requirement for a development agreement.  In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to the applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event that the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.  The county may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

 

3.         The findings and resolution shall be a servitude running with the property.  Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the findings and resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

4.         The applicant shall obtain any outstanding building permits for residential additions and pay all applicable fees including the Transportation Capital Expansion Fee no later than March 13, 2009.

 

5.         The habitable space of the structure shall not exceed 800-square-feet total.

 

Mr. Wheeler informed the Board that this item will appear before the Board of Adjustment on the following day for approval of a setback variance.  As defined in condition #1, above, approval by the Board of County Commissioners does not preclude the ruling of the Board of Adjustment,  the development must be in keeping with the conditions set forth by both boards.

 

Jeff Schneider addressed the Board on behalf of the applicant and stated he was aware that any approval by the Board of County Commissioners would not trump any findings by the Board of Adjustment. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Pitts Minor Special Review, for a detached accessory living area, file #08-Z1714, subject to the conditions listed above.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 3:15 p.m.

 

 

TUESDAY, OCTOBER 28, 2008

 

ADMINISTRATIVE MATTERS

(#28)

 

The Board of County Commissioners met at 9:00 a.m. with Larry Timm, Planning and Building Services Division Director.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Donna Hart, Deni LaRue and Diane Tokarz, Commissioners’ Office;  Dale Miller, Road and Bridge Department;  Bill Nelson and Lori Whitson, Sheriff’s Office;  Russ Legg, Planning Department;  Jeannine Haag and William Ressue, Assistant County Attorneys; and Melissa Lohry, Deputy Clerk. 

 

1.         PUBLIC COMMENT:  Jim and Carol Pederson, Pat Timmins and Bill Wangnild addressed the Board regarding the county’s maintenance of County Road 103.  Mr. Pederson explained to the Board that while most of the residents of County Road 103 were historically seasonal, there is an increasing number of residents who have chosen to remain year-round.  However, the county only maintains and removes snow from a portion of County Road 103, making it difficult to traverse and receive scheduled mail delivery.

 

Mr. Miller addressed the Board and stated that while current county policy states any county road that receives year-round mail delivery must also receive year-round road maintenance, but due to budget shortages, the amount of maintenance a road receives must also be based on the overall relevance to all residents of the county.  Because County Road 103 does not serve a large population, it is not a very high priority.

 

Mr. Timmins stated that the stretch of road they are asking to be maintained is only four miles long and would require snow removal only once a week during the winter months. 

 

Commissioner Rennels stated that this is not an isolated problem, many residents of unincorporated Larimer County have faced similar circumstances.  Therefore, any decision the Board makes on this issue must also be fairly applied throughout the county, causing this to be a much larger issue than just four miles of road maintenance.   

 

Mr. Miller confirmed Commissioner Rennel’s statement and added that due to budget constraints, the road maintenance provided by the county to areas such as County Road 103 will have to be reevaluated for cost efficiency after the first of the year.

 

Chair Gibson suggested that the Board allow Mr. Miller two or three weeks to evaluate the cost of maintaining County Road 103 during the winter months and then re-visit the issue to determine if it is financially plausible.  Commissioner Rennels agreed.

 

2.         APPROVAL OF MINUTES FOR THE WEEK OF OCTOBER 20, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of October 20, 2008.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF NOVEMBER 3, 10 AND 17, 2008:  Ms. Hart reviewed the upcoming schedules with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 28, 2008:

 

PETITIONS FOR ABATEMENT:  As proposed by the County Assessor, the following Petitions for Abatement are presented for approval:  George Holling DDS MS PC.

 

10282008A001           BUDWEISER EVENTS CENTER TRASH, RECYCLE, AND PORTABLE RESTROOM SERVICE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALLEGOS SANITATION INCORPORATED

 

10282008A002           GRANT AGREEMENT FOR LARAMIE FOOTHILLS TRAILS DEVELOPMENT PROJECT, CONTRACT #09024, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF FORT COLLINS AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND

 

10282008R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 39 AND 40 IN REED’S SUBDIVISION

 

10282008R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 1 IN HORSE CREEK RANCH SUBDIVISION

 

10282008R003           FINDINGS AND RESOLUTION APPROVING THE CHAMBOARD AMENDED CONDOMINIUM MAP

 

10282008R004           RESOLUTION ADOPTING AMENDMENTS TO LARIMER COUNTY LAND USE CODE

 

10282008R005           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE TO ADD SECTION 4.3.1.J (APIARY)

 

LIQUOR LICENSES:           The following license was approved and issued: Mishawaka Inn – Tavern License – Bellvue.

 

Motion carried 2-0.

 

5.         CHANGES IN RESOLUTIONS FOR THE ALTERNATIVE SENTENCING UNIT PROGRAMS:  Major Nelson and Ms. Whitson presented four new resolutions for approval by the Board to increase the amount of administrative fees for work release programs, workender/midweek fees for inmates, administrative fees for community service programs and electronic home detention/global positioning satellite fees.

 

Chair Gibson asked Major Nelson if he had any documentation to illustrate how the proposed increases would affect the 2009 budget for the Sheriff’s Office.  Major Nelson stated he did not have any such documentation but could provide this to the Board at a later date. Chair Gibson was satisfied with the proposed arrangement.

 

Commissioner Rennels asked if the administrative fees proposed for work release programs were assessed on a sliding scale.  Major Nelson stated that some of the fees were not but the courts have the power to dismiss or reduce fees as they see fit. Commissioner Rennels asked that “A Resolution Providing For an Administrative Fee for a Work Release Program” be re-written to illustrate the court’s power to alter fees, before approval by the Board.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution Setting Workender/Midweek Fee for Inmates; A Resolution Providing for an Administrative Fee for a Community Service Program; and A Resolution for Electronic Home Detention (EHD) / Global Positioning Satellite (GPS) Fees, as written.

 

Motion carried 2-0.

 

10282008R007           A RESOLUTION PROVIDING FOR AN ADMINISTRATIVE FEE FOR A COMMUNITY SERVICE PROGRAM

 

10282008R008           A RESOLUTION SETTING WORKENDER/MIDWEEK FEE FOR INMATES

 

10282008R009           A RESOLUTION PROVIDING FOR AN ADMINISTRATIVE FEE FOR AN ELECTRONIC HOME DETENTION/GLOBAL POSITIONING PROGRAM

 

6.         APPLICATION FEES FOR 1041 REVIEW:  Mr. Legg presented the proposed fees for consideration of adoption of 1041 Regulations as follows:

           

            a.         Power Plants – $5800.00

            b.         Electrical Transmission Lines – $5800.00

            c.         Substations – $1500.00

            d.         Any combination of Power Plant/Transmission Line/Substation – $7500.00

            e.         Additions/Alterations – $1500.00

            f.          Appeal – $600.00, plus mail notification costs

 

Commissioner Rennels stated that she felt the fees were low, considerably lower than neighboring counties, but due to the current state of the economy, she was willing to approve them as proposed with reconsideration in one year.  She felt one year would give staff enough time to assess the amount of time and resources required for each application, which could then be used to reassess fees.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the application fees for 1041 review, in the amounts described above, with a review of the fees in approximately one year.

 

Motion carried 2-0.

 

7.         BOARDS AND COMMISSIONS APPOINTMENTS:  Ms. Tokarz presented the recommended appointments/reappointments to the Boxelder Stormwater Authority Board of Directors, General Improvement Districts, Public Improvement Districts and Weld/Larimer Revolving Loan Fund, as follows:

           

Boxelder Stormwater Authority Board of Directors: Larry Lorentzen, appointed for a six-month term beginning October 28, 2008, and expiring April 01, 2009;  Richard Seaworth, appointed for a one-and-a-half-year term beginning October 28, 2008, and expiring April 01, 2010;  Robert Smith, appointed for a one-and-a-half-year year term beginning October 28, 2008, and expiring April 01, 2010;  Vic Meline, appointed for a two-and-a-half-year year term beginning October 28, 2008, and expiring April 01, 2011;  Henry Obermeyer, appointed for a two-and-a-half-year year term beginning October 28, 2008, and expiring April 01, 2011.

           

GID #11 Meadowdale Hills:  Chip Sproul, reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

GID #13A Red Feather Lakes:  Duane Ehrlich, reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012;  Ross Reid,  reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

GID #14 Little Valley:  Bob Christopher reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012;  Richard Grabish appointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

GID #16 Kitchell:  Howard Stetser reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

GID #1991-1 Arapahoe Pines:  Jennifer Dartez reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

GID #4 Carriage Hills:  Leslie Foiles reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

 

GID #8 Namaqua Hills:  John Nuttall reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

 

PID #21 Solarridge:  Rusty McDaniel reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

PID #22 Saddleback:  Rusty McDaniel reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

PID #23 Eagle Rock:  Robert Davis reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

 

PID #26 Eagle Ranch:  Robert Ross appointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012;  Kirk Stawser reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

 

PID #28 Trotwood Ranches:  Keith Burman reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

                       

PID #29 Vine Drive:  Carrie Daggett reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

           

PID #31 Foothills Shadows:  Gerald Schneider reappointed for a four-year term, beginning December 1, 2008, and expiring November 30, 2012.

 

Weld/Larimer Revolving Loan Fund:  Shane Houska reappointed for a four-year term, beginning January 1, 2009, and expiring December 31, 2012.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the new appointments and reappointments to the Boxelder Stormwater Authority Board of Directors, General Improvement Districts, Public Improvement Districts and Weld/Larimer Revolving Loan Fund, as listed above.

 

Motion carried 2-0.   

 

8.         COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

9.         COMMISSIONER ACTIVITY REPORT:  The Board noted their attendance at events during the past week.

 

10.       LEGAL MATTERS:  Ms. Haag and Mr. Ressue requested the Board go into Executive Session to receive legal advice.

 

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 2-0.

 

There being no further business, the meeting adjourned at 10:45 a.m.

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

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