> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/22/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 22, 2011

 

ABATEMENT HEARING

 

 

The Board of County Commissioners met at 9:00 a.m. for an Abatement Hearing.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Jennifer Pawleshyn, Assessor’s Office, Alice Fischer, Petitioner; and Gael Cookman, Deputy Clerk. 

 

1.  PETITION FOR ABATEMENT, PARCEL NUMBER 88314-12-065:   Ms. Pawleshyn described the subject property and presented the packet of comparables used to arrive at the assessed value of $478.400.

Although the petition for abatement was for the 2009 and 2010 value, Ms. Fischer was most concerned with the 2011 value and had many questions surrounding the process.  Much discussion ensued and Chair Donnelly spent a good amount of time explaining how the reappraisal process works in arrears and the time frame in which sales could be used for comparison.    

Ultimately, the Board agreed with the Assessor’s determination of value.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners deny the Petition of Abatement for parcel number 88314-12-065, and uphold the assessed value of $478,400 for determination of value on parcel number

 

Motion carried 3-0.

 

The meeting recessed at 9:30 a.m.

 

 

 

 

LAND USE

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present.  Also present were:  Brenda Gimeson, Rural Land Use Center; Eric Tracy, Engineering Department; Jeannine Haag, County Attorney’s Office; 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.  Randy Pope addressed the Board with comments regarding the Land Use Code, specifically as they pertain to the appeals process, as he feels this process needs to be reevaluated.

 

Chair Donnelly explained that there were two items on the consent agenda, the Reed Appeal and the Three Bell Ranch Rural Land Plan, and would not be discussed unless requested by the Board, staff, or members of the audience.  A member of the audience requested that the Three Bell Ranch Rural Land Plan be removed from the consent agenda.   

 

1.  REED APPEAL, FILE #11-G0219:   The applicants are proposing to build an attached accessory living area that will be incorporated into the existing single-family dwelling on the lot.  There is an existing single family dwelling on the property with an attached one-story garage.  The applicant is proposing to build an addition to the attached garage with an accessory living area above the new garage construction.  Attached accessory living areas are uses allowed by right in the Land Use Code provided they meet the Code requirements.  Because the existing attached garage is one-story and the proposed accessory living area addition will be over the new garage expansion, the applicant has indicated that they cannot meet all the Code requirements and they are therefore appealing these requirements.

 

The applicant is requesting an appeal of Sections 4.3.10.H.1.a, b, and d of the Larimer County Land Use Code. 

 

Section 4.3.10.H.1.a states in part that an attached living area incorporated into a single family dwelling must maintain the single-family character of the structure by providing one main entrance to the structure, one set of utility meters, and one address for the property.  The applicant has stated that the single family character will be maintained and there will be one address and one set of utility meters, but because this addition is on the second floor adjacent to an attached one-story garage there will be a second entrance to the accessory living area.

 

Section 4.3.10.H.1.b states in part that an addition to a single-family dwelling to accommodate an accessory living area must be architecturally compatible with the existing structure and at least 12 feet along one wall of the accessory living area must be contiguous to a wall of the single-family dwelling with a doorway that allows passage between the single-family dwelling and the accessory living area. This door must connect to living area in the dwelling.  Because the addition is a second-story addition above the adjacent attached one story garage, the connection does not allow passage from living area to living area.  The access is through the garage or the separate entrance.

 

Section  4.3.10.F.1.d states in part that the total square footage of the accessory living area must not exceed 40 percent of the total square footage of the single-family dwelling, excluding any basement or garage area, whether finished or not, or 800 square feet, whichever is less.  The existing home according to the Assessor’s Office is 4084 square feet.  The proposed accessory living area is 1296 square feet which exceeds the 800 square foot limit, but is less than 40 % of the square footage of the original home which would allow for 1633 square feet.

 

The other requirements for an attached accessory living area will be met.  It will be used solely for guests of the occupants of the single-family dwelling or those providing a service on the site in exchange for their residency; and the accessory living area must not be rented or leased separately from the single-family dwelling.

 

The Development Services Team (DST) Staff finds the request meets the review criteria of Section 22.2.3 as outlined in the Land Use Code.

 

No objections have been received from any surrounding property owners or any referral agencies. 

 

·  The Department of Health and Environment has indicated that sewer service for the attached accessory living area is anticipated to be by an additional septic system designed to serve that use.  A permit to install that system will need to be obtained prior to issuance of a building permit.

·  The County Engineering Department has requested it be noted that if site drainage is altered, a drainage report will need to be submitted for Staff to review. 

·  The Larimer County Building Department has indicated that a building permit for this use has been submitted and is on hold awaiting the outcome of this appeal as well as some additional technical information.

·  The Larimer County Code Compliance Section indicated there are no known building code issues.

·  North Weld County Water provided no comments

 

The Development Services Team recommends Approval of the Reed Appeal, File #11-G0219, subject to the following condition(s):

 

1.   The appeal shall be consistent with the approved plan and with the information contained in the Reed Appeal File #11-G0219 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 Reed Appeal.

2.   The habitable space shall be 1296 square feet and said space shall not be expanded in the future without further approval by Larimer County.

3.   At the time of the building permit application, the owner shall sign an Attached Accessory Living Area Agreement which indicates what the owner has agreed to as well as advise potential future lot buyers of the restrictions placed on the Accessory Living Area. 

4.   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 Appeal approval.

 

 

M O T I O N

 

Commissioner Gaiter moved that the Reed Appeal, File #11-G0219, be approved as listed on the consent agenda and outlined above.

 

Motion carried 3-0.

 

2.  THREE BELL RANCH RURAL LAND PLAN, FILE #11-S3021:  The property is located in Sections 11, 12, 13, and 14, Township 6 North, Range 68, West of the 6th P.M., Larimer County, Colorado; generally located north of County Road 32E at the intersection of County Road 3, northwest of the Town of Windsor and just south of the Town of Timnath.  The property is zoned FA-1 Farming. 

Two conservation easements were recently purchased by Larimer County Parks and Open Lands on this property.   As part of that conservation easement agreement, the applicants/owners retained the ability to develop 8 home sites (plus accessory residential dwellings on two of the western sites) through the Rural Land Use Process or other similar process.  The approximate locations of those proposed lots are shown on the enclosed map.  The residual lots will remain free from further development as agreed in the conservation easement documents and as required in the Rural Land Use Process.  Gravel mining is currently allowed to take place on the northern parcel.  The gravel mining operation recently received an extension to their mining operation on this property for 5 years, until 2016. 

 

The conservation easement does limit the amount of development that can occur on this property.  However, if that easement had not been negotiated, under the property’s current FA-1 zoning (1 home site per 2.29 acres), up to 148 homes could potentially be built if approved through the County’s Conservation Development (CD) process.  As a 35-acre development, the property could be developed with up to 9 homesites.  However, in this case, because there are limitations to the property based on the majority of the property being located in the flood plain, it is unlikely the 148 homes could be built. 

 

The surrounding properties consist of irrigated farmland and grazing land, a housing development in the Town of Timnath, and some 35-acre parcels.  This is a highly developed area.  The southern portion of the property is located in the Windsor Growth Management Area and just to the northeast of the property is the Town of Timnath.  The proposed density of the Three Bell Ranch Rural Land Use project is one unit per 42.5 acres and appears to be compatible with the neighborhood. 

 

This property is approximately 340 +/- acres total and is comprised of three parcels, all owned by the Timnath Farms Investments, LLC.   The property consists of irrigated farmland, the Cache la Poudre River, grazing land, an eagle’s nest, riparian areas with native woody plants, wetlands and a newly dedicated trail easement for public use.  There is also an approved mining plan on the northern parcel.  There are no existing residences on the property. 

 

Three Bell Ranch Preliminary Rural Land Plan proposes to divide the 340 +/- acres into a total of 8 buildable lots.  These lots will consist of 6 new single-family residential lots, ranging in size from 3-6 acres.  Two of the residential lots shown on the preliminary plan will be absorbed into the two residual lots at final plat stage.  The building envelopes for these lots will not be significantly changed.  It is not known at this time which of the residential lots shown on the preliminary plan will be adjoined with the residual lots.  The final configuration of the property will be six (6) residential lots and two (2) residual lots, each of which will contain a building envelope to accommodate residential development.  The residual lots will not be further developed as mandated in the RLUP process and stated in the conservation easement documents. 

 

The eight new lots will each be allowed one new residence with four of the sites located on the western side being allowed accessory dwellings/living areas.  If those accessory dwellings/living areas are developed, they must use the standard county process for accessory dwellings.  Provisions in the development agreement and the conservation easement agreement will assure that no more than four accessory dwellings will be allowed. 

 

The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the conservation easements and for providing periodic monitoring report(s) to the County.  The main access to all the lots in the Three Bell Ranch RLUP will be from County Road 32E.  All roads/driveways within the development will be constructed to Rural Land Use standards per Section 5.8.6 of the Larimer County Land Use Code and be contained in private access and utility easements.  Water to all the homesites will be by Fort Collins/Loveland Water District and each lot will have its own septic system. 

 

Referral agency comments were solicited from ten agencies. Comments were received from seven of those agencies and are attached.  Representatives from the County Engineering Department, County Health and Environment Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.  The neighboring property owners within 500 feet were notified of the project by mail and have been given an opportunity for comment either by written correspondence or at this public hearing.    Since the project proposes a low density of development, it qualifies for administrative review under Section 5.8.5.D of the Larimer County Land Use Code.  Therefore, a formal neighborhood meeting was not organized by staff. 

 

During the application review process, the major technical issue to arise is the issue of the floodplain and floodway on this property.  The issues and the proposed solutions are described below.

 

This proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code:

 

Support for the Three Bell Ranch Preliminary Rural Land Plan is based on the following:

·  This proposal supports conservation values, including the preservation of at least 297 acres of residual lands from further development in perpetuity. 

  • The plan is generally compatible with the existing neighboring land uses.
  • The proposal supports the continued use of the farming in the area and preserves the agricultural and mineral resource.
  • The proposal is for fewer homesites than would have been allowed with a 35-acre development which is not regulated by the County.

 

Support for this proposed plan considers other development options, particularly the greater number of residential units possible under the zoning. The desirability of property that creates development pressure within the area supports the finding that this is an appropriate project.

 

As proposed, this project will also provide long-term benefits to citizens of Larimer County:

·  Protection of existing rural open lands.

·  Transportation capital expansion fees received from the project.

·  School and park fees received from the project.

·  Fewer residences than likely allowed through existing zoning and 35-acre development.

·  Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

This project was reviewed by the Rural Land Use Advisory Board on Monday, June 20, 2011 and again on Monday, July 11, 2011.  At the meeting in June, there were some procedural misunderstandings about the voting process.  Additionally, after the meeting in June, new information was provided about the proposed fire plan.  So, a decision was made to take the project back to another meeting in July for reconsideration of the recommendation that was made on June 20th.

 

At the meeting on July 11, 2011, the Board recommended approval of the project.  The minutes of both of the Rural Land Use Advisory Board meetings are attached to this staff report for your review.

 

The Rural Land Use Center Staff recommends that the Board of County Commissioners approve the Three Bell Ranch Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Three Bell Ranch Rural Land Plan (File # 11-S3021) 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 Three Bell Ranch Rural Land Plan.

2.   Owners of each lot must demonstrate septic system feasibility at building permit issuance and will be required to meet technical standards for the County at the time of building permit issuance. To increase the likelihood of septic system placement, each lot must include at least 2 acres outside of the floodway zone where all the development will occur, including the septic systems. All building envelopes, homesites, and septic systems will be located outside the one-half foot floodway area and the finished floor of all residential structures will be elevated at least 18” above the 100-year base flood elevation.

3.   The roadway design, floodway modeling, map changes, and construction for all roadways and bridge crossing per phase must be completed before any building permits can be issued on the property.  The roads and crossing will be required to meet the standards in Section 5.8.6.D.3.  All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that design standards in 5.8.6.D. were followed, before building permits will be issued.  Additionally, the design and construction of the main access road must prevent overtopping of the roadway by a depth of more than one-foot so as to remain passable in a 100-year flood event.  The bridge approaches must meet the design criteria for a 10-year storm event as outlined in Section 5.8.6.D and the bridge decking must pass a 100-year storm event.  Review and approval by the Flood Review Board will be required and a letter of map revision will be required from the Federal Emergency Management Agency (FEMA). Internal roads may be contained in a private access and utility easement and must include turnouts located every 1000 feet. 

4.   The owners shall dedicate a 40 foot half right-of-way along Larimer County Road 32E.  This dedication shall be shown on the final plat. 

5.   Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”. 

6.   If fences are currently located in the dedicated right-of-way, applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half right-of-way.  No new fences or buildings shall be allowed in the half right-of-way; however repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

7.   Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project.  Before designing roads, applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  Applicant shall comply with all such design requirements. Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.

8.   Applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project.  Before designing stormwater drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater management design requirements.  Applicant shall comply with all such design requirements.  Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the stormwater management design requirements.

9.   Public water shall be provided for this project.  A letter of commitment from the water provider must be provided prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.

10.     All building envelopes shall be located outside the one-half foot floodway area and shall meet minimum setback requirements listed in the Larimer County Land Use Code. 

11.    Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

12.    Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

13.    The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

14.    The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

a)   Lots in the Three Bell Ranch RLUP may not be building permit ready lots.  Modeling for floodway determination, map changes, roadway and bridge design and construction of that infrastructure per phase must be completed and approved for lots to be building permit ready.  These lots may never be buildable if this modeling, design, and construction is not completed or shows that the lots are within the floodway zones.   Purchasers should be aware that future studies that include more detailed information may place all or a portion of these lots within the floodway zone and may make them non-buildable in perpetuity.  Larimer County is not responsible for this modeling or for the infrastructure improvements.  The developer and Larimer County executed a Development Agreement in consideration of the approval of this development that outlines the requirements.  This Agreement is recorded immediately after the plat for this development.  All purchasers should obtain and read the Development Agreement.

b)   The Three Bell RLUP was approved by Larimer County under the County’s Rural Land Use Process.  This is an abbreviated review process and does not involve the higher scrutiny afforded projects developed under other County land divisions processes.

c)   The construction of any single-family residence in this development will require the installation of residential fire sprinklers unless written permission for variance from this requirement from the fire district is received.

d)   The property is subject to the mineral interests that, at the present time, are leased by LaFarge. The Conceptual Plan and Final Rural Land Plan within the Larimer County Rural Land Use Plan and the subsequent development of the property in accordance with the plans do not impact the mineral rights leased by the LaFarge entities, or the ability of the LaFarge entities or their lessees, successors or assigns, to develop the minerals.  A mining and reclamation plan for this property is on file at the Larimer County Planning Office.  All purchasers should obtain a status update from Larimer County Planning about the mining activities before purchasing the property. 

e)   Passive radon mitigation measures shall be included in construction of structures designed for habitable space on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

f)   Some or all lots in this development include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved Plan.  If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

g)   All structures and septic systems must be located within the building envelopes on the Residual Lots.

h)   Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

i)   Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

j)   Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

k)   During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

l)   Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

m)   Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

n)   If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

o)   Larimer County has adopted a Right to Farm Resolution.

p)   The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

q)   Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

r)   At time of real estate closing, owner shall provide purchasers of residential lots and Residual Lot(s) with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

s)   The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the conservation easements and for providing periodic monitoring report(s) to the County.

 

Ms. Gimeson reviewed the proposal with the Board.  The applicant, Dino Ditullio, stated that he was in agreement with the county, and he requested approval of the plan.

 

Chair Donnelly opened the hearing up for public comment: Elmer Witherspoon, Jill Cook, and Kate Green addressed the Board.  Mr. Witherspoon voiced concerns with the drainage and possible flooding if the elevations surrounding the lake were modified.  Ms. Cook stated that her fence line sits inside the actual property line and wanted it reflected in the public record that they indeed own everything up to the property line.  Ms. Green stated that the property in question keeps evolving and she stated that it should stick to the original plan with some indication of a wildlife preserve.

 

Chair Donnelly closed public comment and Mr. Ditullio addressed the issues stating that there is a restriction on the plat indicating that there cannot be any changes made that would increase the flow to upstream properties by even one millimeter.  He also noted that he has no knowledge of a wildlife preserve so he could not comment on that subject.

 

The Board agreed that there were good precautions in place and that it seemed like a well put together Rural Land Use Plan.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Three Bell Ranch Preliminary Rural Land Plan subject to the conditions recommended by the Rural Land Use Center Staff.

Motion carried 3-0.

 

The hearing ended at 3:50 p.m., with no further action taken.

 

 

TUESDAY, AUGUST 23, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Donnelly presided and Commissioners Gaiter and Johnson were present.  Also present were:  Martha Nichols and Lisa Maser with the Bellvue Historic Society; Reghan Cloudman, Public Affairs;  Kevin Atchley, District Ranger and Dick Edwards, Planning Team Leader; Laurel Kubin, Extension Director and Martha Sullins, Extension Regional Specialist and Building Farmer’s Program; Carol Block, Finance Director; Michael Kirk, Facilities Director; George Hass, and Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.    PUBLIC COMMENT:  Bill Wangnild, Kurt Albers, James Hiatt, Don Marostica, Robert Hau, Karen Stockley, Tim Fritz, John Clarke, and John Sullivan all addressed the Board in support of the extending the jail tax. 

 

John Rust addressed the Board with comments regarding biking events blocking county roads and the amount of fill dirt going into the landfill.   Mr. Lancaster explained that the fill dirt is used nightly to cover the debris, and this is a statutory requirement so clean fill dirt is welcomed at any time.

 

2.  PROPOSED JAIL BALLOT LANGUAGE :  Mr. Hass presented the proposed ballot language for the Jail tax to the Board for consideration.  He explained the election process, how the sales tax would be handled and tabor limitations.  Some discussion ensued.  The Board supported the language and asked Mr. Hass to bring it back next week for final approval.

3.  APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 15, 2011 :   Ms. Cookman requested that approval of the minutes for the week of August 15, 2011, be postponed until the following week.

4.  REVIEW OF THE SCHEDULE FOR THE WEEKS OF AUGUST 29, 2 011, AND SEPTEMBER 5, 2011:   Ms. Hart reviewed the upcoming schedules with the Board.

5.  CONSENT AGENDA: 

M O T I O N

Commissioner Johnson moved that the following items on the consent agenda be approved:

 

08232011A001           OFFENDER MANAGEMENT SOFTWARE (E*TRAC) ALTERNATIVE SENTENCING DIVISION MAINTENANCE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND Z.M. LICZBANSKI DBA M+PARTNERS SOFTWARE

 

08232011A002            ADDENDUM TO FLEET FUELING CARD CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WRIGHT EXPRESS FINANCIAL SERVICES CORPORATION, THE STATE OF COLORADO; CONTRACTING AGENCY, AND LARIMER COUNTY FLEET SERVICES

 

08232011A003           FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR MEADOWLARK RIDGE CONSERVATION DEVELOPMENT, FILE NO. 04-S2268, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND JEAN VADER

 

08232011A004           MEMORANDUM OF OIL AND GAS LEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY LARIMER AND MARATHON OIL COMPANY

 

08232011A005           LEASE AGREEMENT BY AND BETWEEN THE STATE OF COLORADO ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION, CDOT, AND LARIMER COUNTY, COLORADO, TO LEASE COLORADO DEPARTMENT OF TRANSPORTATION PROPERTY FOR THE COAL CREEK FLOOD MITIGATION PROJECT

 

08232011R001           FINDINGS AND RESOLUTION APPROVING THE NOVAK CONVERSION OF A NON-CONFORMING BUILDING

 

08232011R002           FINDINGS AND RESOLUTION APPROVING THE LARIMER COUNTY NATURAL RESOURCES SIGN APPEAL

 

08232011R005           RESOLUTION SUPPORTING GOCO GRANT APPLICATION FOR SOUTH BAY CAMPGROUND EXPANSION

 

08232011R006           RESOLUTION OF SUPPORT FROM GOVERNING BODY FOR PARTNERSHIP WITH THOMPSON SCHOOL DISTRICT FOR A PASS THROUGH GOCO GRANT

 

08232011R007           RESOLUTION PROVIDING FOR THE DISSOLUTION OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2001-1

 

MISCELLANEOUS:  Appointment of Carla Brookman to the LaPorte Area Planning Advisory Committee for a full 3-year term from August 23, 2011, through June 30, 2014; 

 

LIQUOR LICENSES:  The following licenses have are recommended for issuance and approval:  Bar SS Tavern – Tavern – LaPorte; Branding Iron Liquor - Retail Liquor Store – LaPorte. 

 

Motion carried 3-0.

 

6.  PROCLAMATION HONORING AND CELEBRATING BELLVUE’S UNIQUE HISTORICAL NICHE IN LARIMER COUNTY:  Ms. Nichols and Ms. Maser presented the proclamation in celebration of Bellvue’s historical presence in the community and requested approval on the same.  They also invited the Board to join in on the festivities scheduled to take place on Saturday, August 27, 2011.  Commissioner Johnson read the proclamation aloud.

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve the proclamation celebrating Bellvue’s Historical Niche in Larimer County.

Motion carried 3-0.

7.  U. S. FOREST SERVICE UPDATE:  Ms. Cloudman, Mr. Atchley, Mr. Edwards gave a presentation and update for the Board regarding the U.S. Forest Service activities and future goals.  The Board thanked Mr. Edwards for the presentation.

 

8.  INTRODUCTION OF MARTHA SULLINS, EXTENSION REGIONAL SPECIALIST AND BUILDING FARMER’S PROGRAM:  Ms. Kubin introduced Martha Sullins as the new Extension Regional Specialist for Larimer County.  Ms. Sullins then gave an overview of the program, the combine resources being utilized, and future goals of the program.

 

9.  REFINANCING OF THE RANCH DEBT RESOLUTION Ms. Block presented the documents for refinancing the Ranch debt, and asked for approval on the same.

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the resolution authorizing the issuance by Larimer County, Colorado, of its sales and use tax revenue refunding bonds, series 2011 (Fairgrounds and Event Center project)

Motion carried 3-0.

08232011R003           RESOLUTION AUTHORIZING THE ISSUANCE OF LARIMER COUNTY SALES AND USE TAX REVENUE REFUNDING BONDS, SERIES 2011

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve a resolution authorizing and directing actions by the County to consider the appropriation of funds for certain payments to the bond insurer in connection with the issuance by the County of its sales and use tax revenue refunding bonds, series 2011

Motion carried 3-0.

08232011R004           RESOLUTION AUTHORIZING AND DIRECTING ACTIONS BY THE COUNTY TO CONSIDER THE APPROPRIATION OF FUNDS FOR CERTAIN PAYMENTS TO THE BOND INSURER IN CONNECTION WITH THE ISSUANCE BY THE COUNTY OF ITS SALES AND USE TAX REVENUE REFUNDING BONDS, SERIES 2011

10.  EASEMENT DEED AND AGREEMENT BETWEEN CITY OF FORT COLLINS AND LARIMER COUNTY REGARDING INFRASTRUCTURE THAT WILL SUPPORT THE DRAINING IMPROVEMENTS NECESSARY FOR PROJECTS AT MIDPOINT CAMPUS:  Mr. Kirk explained that the easement agreement is necessary in order to implement drainage improvements at the midpoint campus.  He requested approval on the easement deed and agreement.

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve the Easement Deed and Agreement between City of Fort Collins and Larimer County regarding underground storm water pipes and outlet improvements.

Motion carried 3-0.

08232011A006           EASEMENT AND DEED AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND LARIMER COUNTY

11.  COUNTY MANAGER WORKSESSION:  Mr. Lancaster presented a plaque that was given to Larimer County from Colorado Bike MS for the MS 150 biking event that came through Larimer County as a fund raiser for Multiple Sclerosis.

 12.  COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities at events during the previous week.

11.  LEGAL MATTERS:   There were no legal matters to discuss today.

The meeting adjourned at 11:10 p.m.

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   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

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Gael M. Cookman, Deputy Clerk