MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Rob Helmick, Planning Department, Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.
Chair Donnelly opened the hearing 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 Donnelly explained that there was only one item on the consent agenda and it would not be discussed unless requested by the Board, staff, or members of the audience:
1. POUDRE SCHOOL DISTRICT FEE, FILE #11-G0209: This is a request for adoption of revised fee-in-lieu of land dedication amounts for the Poudre School District. The Larimer County Land Use Code provides for the dedication of school sites as a part of any land division, subdivision, conservation development, or planned land division. The provisions of the code are taken directly from Colorado State Statues, which authorize the provision of school sites.
In 1996, the Board of County Commissioners adopted the current cash-in-lieu of dedication formula that is in use today. There are a number of variables which affect the dollar amount of this fee, including the size of school site by type, the dwelling unit generation rate for students, and the value of land per acre. The fees and the process went through an extensive public process, before they were adopted by the Board of County Commissioners.
The fees have been updated, most recently in 2006 and, at that time, the fees were increased based upon the formula created in 1996. In 2006, both the Thompson and Poudre School districts proposed an automatic update, which was not supported by staff or the Board of County Commissioners, thus any change in the fee requires Board of County Commissioners action.
The current request is a result of the Poudre School District’s biannual fee evaluations, during which they discovered the land values have decreased; therefore the amount of the fee should also be decreased.
Staff recommends the Board of County Commissioners approve the revisions to the fee-in-lieu of dedication for the Poudre School district, to be implemented on June 1, 2011, approximately 90-days from the date of approval.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as presented.
Motion carried 2-0.
There being no further business, the Board adjourned at 3:05 p.m.
TUESDAY, MARCH 8, 2011
The Board of County Commissioners met at 9:00 a.m. with Donna Hart, Business Operations Supervisor. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Mark Peterson and Martina Wilkinson, Engineering Department; Linda Connors and George Hass, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: There was no public present for comment today.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 28, 2011:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of February 28, 2011.
Motion carried 2-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 14, 2011 : Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda as published below:
03082011A001 NON-PAVED ROAD MAINTENANCE SERVICES FOR VARIOUS GENERAL/PUBLIC IMPROVEMENT DISTRICTS – ESTES PARK AREA AGREEMENT BY AND BETWEEEN THE BOARD OF COUNTY COMMISSIONERS AND BLADEWORKS INC
03082011R001 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 20 & 21 OF GLACIER VIEW MEADOWS 12TH FILING AND UTILITY EASEMENT VACATION
03082011R002 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE ESTES PARK URBAN RENEWAL AUTHORITY
03082011R003 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING IMPERVIOUS SURFACES/LOT COVERAGE DEFINITIONS
03082011R004 FINDINGS AND RESOLUTION APPROVING THE KELLER-SUTHERLAND LOT SIZE APPEAL
03082011R005 FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PARTIAL UTILITY EASEMENT IN TERRY POINT ESTATES, LOT 42, BLOCK 1
03082011R006 FINDINGS AND RESOLUTION APPROVING THE COYOTE MOON MINOR SPECIAL REVIEW
03082011R007 FINDINGS AND RESOLUTION APPROVING THE WELCH MINOR SPECIAL REVIEW
03082011R008 FINDINGS AND RESOLUTION APPROVING THE SINNETT REZONING
MISCELLANEOUS: Appointment of Christopher Gastelle to the Community Corrections Advisory Board; Appointment of Gregg M. Farmer to PID #47, Park Hill; Re-Appointment of Linda Gabel to the Poudre River Public Library District Board of Trustees; Appointment of Cara Neth to the Poudre River Public Library District Board of Trustees; Department of Human Services Payments for December 2010; and Department of Human Services Payments for January 2011.
LIQUOR LICENSES: The following licenses were approved and issued: Carter Lake Marina Inc., doing business as Carter Lake Marina – 3.2% – Fort Collins; Rock Inn Limited, doing business as The Rock Inn – Change of Corporate Structure – Estes Park; Rock Inn Limited, doing business as The Rock Inn – Hotel and Restaurant – Estes Park; Sylvan Dale Ranch LLLP, doing business as Sylvan Dale Ranch – Hotel and Restaurant with Optional Premise – Loveland; Del Sol LLC, doing business as Eloy’s – Modification of Premises – Fort Collins; Colony Markets Ltd, doing business as Overland Foods – Duplicate License – LaPorte; Saint Theresa Parish Christ Catholic Church – Special Event 6% – Loveland.
Motion carried 2-0.
5. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
Chair Donnelly, Mr. Peterson, and Ms. Wilkinson provided an overview of the North Front Range Metropolitan Planning Organization’s decision to fund four projects submitted by Larimer County, including three Surface Transportation Projects and one Transportation Enhancement Funding Project, which was submitted in cooperation with the City of Fort Collins.
Chair Donnelly commended Mr. Peterson and Ms. Wilkinson for working to receive federal monies to fund projects that are of great importance to the county. Chair Donnelly extended further gratitude to Ms. Wilkinson and Helen Migchelbrink, from the City of Fort Collins, for their cooperative efforts.
6. LEGAL MATTERS: Mr. Hass informed the Board, via telephone, that the Colorado State Board of Assessment Appeals ruled in favor of Larimer County, finding that the land owned by the YMCA of the Rockies, was not eligible for a Charitable Exemption from property taxes. Mr. Hass cautioned that the YMCA can appeal the findings, but he was optimistic of the county’s chances of success due to previous favorable rulings.
Ms. Connors addressed the Board and explained that JJ’s Liquor LLC and Windjammer Roadhouse and Grill, both located in Larimer County, were recently found guilty of selling liquor to underage patrons. As part of their punishment, both establishments have agreed to suspend operations between 5:00 p.m. on March 11, 2011, until 5:00 p.m. on March 12, 2011.
Ms. Connors requested the Board’s approval of the suspensions as punishment.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the proposed settlements for liquor license violations by JJ’s Liquor LLC and Windjammer Roadhouse and Grill.
Motion carried 3-0.
There being no further business, the Board adjourned at 9:45 a.m.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy County Clerk
Melissa E. Lohry, Deputy County Clerk