> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/31/12  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, MAY 28, 2012

 

County offices were closed on Monday, in observance of Memorial Day.

 

 

TUESDAY, May 29, 2012

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Interim County Manager, Neil Gluckman.  Chair Gaiter presided, and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart, Commissioners’ Office;  Vaughn Baker, and Kyle Patterson, Rocky Mountain National Park; Angela Mead, Rebecca Smith, and Suzette Batey, Human Services Department; Jeannine Haag, David Ayraud, Linda Connors, William Ressue, and Sean McGill, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance. 

 

1.   PUBLIC COMMENT:  Eric Sutherland discussed his ideas of upside participation and leveraging private investments, when considering implementing tax share-backs.

 

Mel Hilgenberg informed the Board of upcoming community events.  He then shared his views on social security and Medicaid and how there are huge cracks in the process when transitioning to the use of these programs.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 21, 2012

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of May 21, 2012.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEKS OF JUNE 4, 2012, JUNE 11, 2012, AND JUNE 18, 2012:   Ms. Hart reviewed the upcoming schedules with the Board.

 

4.  CONSENT AGENDA:  Chair Gaiter requested that two liquor license applications be pulled for discussion: Hacienda Real and Inferno Event Center.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below, with the exception of the liquor licenses for Hacienda Real and the Inferno Event Center.

 

05292012A001           AGREEMENT CONCERNING USE OF PROPERTY BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND JON L. SHAFFER, DORIS M. SHAFFER, JEFF SHAFFER, JERRY SHAFFER, AND LORI SHAFFER OF 1607 W HIGHWAY 34, DRAKE, COLORADO

 

05292012A002           EXTENSION TO COURTHOUSE SECURITY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND U.S. SECURITY ASSOCIATES, INC.

 

05292012R001           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR HORSESHOE ESTATES NORTH PUBLIC IMPROVEMENT DISTRICT #53

 

05292012R002           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR TERRY SHORES PUBLIC IMPROVEMENT DISTRICT #54

 

05292012R003           RESOLUTION ADOPTING AMENDEMNTS TO THE LARIMER COUNTY LAND USE CODE (MAY 7, 2012)

 

05292012R004           RESOLUTION ADOPTING AMENDEMNTS TO THE LARIMER COUNTY LAND USE CODE (MAY 21, 2012)

 

MISCELLANEOUS:   Department of Human Services Payments for April 2012.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Pot Belly Restaurant – Tavern – Red Feather Lakes.

 

Motion carried 3-0.

 

Chair Gaiter asked if Hacienda Real was the establishment that recently received a violation for sale of alcohol to a minor.  Ms. Cookman concurred and further explained that the application being considered today was the annual renewal of the liquor license; however, the stipulation agreement for the violation was already signed and resolved in a previous document.

Ms. Cookman then explained that the Inferno Event Center was actually a transfer of ownership for Phaze Nightclub, and given the history of this location and previous ownership, she asked the Board if they would like to hold a transfer hearing on this application.  The Board stated that they would indeed prefer to have a hearing on the transfer of this liquor license.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the annual renewal of the liquor license for Hacienda Real.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the transfer of ownership permit for Inferno Event Center.

 

Motion carried 3-0.

 

5.  ROCKY MOUNTAIN NATIONAL PARK UPDATE:    Mr. Baker gave a presentation for the Board, noting that visitation in the park has increased; he then explained the elk and bear management plan, the hazardous tree management plan, and briefly discussed their budget.

 

6.   RECOGNITION FOR EXCELLENCE IN PRACTICE:  Ms. Mead introduced Sue Batey and explained that Ms. Batey received the 2012 Excellence in Practice Award from the State of Colorado for providing outstanding services to children, youth, and families in Larimer County.  The Board congratulated Ms. Batey for her outstanding work in this area.

 

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

 

8.  COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their events during the past week.

 

9.  LEGAL MATTERS:   Mr. Ressue requested approval on a document pertaining to the acquisition of property from the Armstrong Trust.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve payment in the amount of $6,895.94 to Howard and Eleanor Armstrong, as trustees for the Armstrong Trust, for the acquisition of property for right-of-way purposes for Larimer County Project No. SHO C060-053.

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for determining positions relative to matters that may be subject to negations; developing strategy for negations, and instructing negotiators.

 

Motion carried 3-0.

 

The Board came out of executive session and no action was taken.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for confidential legal advice, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board came out of executive session and Chair Gaiter explained that they would meet again on Wednesday at noon to finish up the County Manager offer and agreement in open session.  And then the following action was taken:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve and sign the Agreement for Distribution of Payments for the Estes Park Marketing District.

 

Motion carried 3-0.

 

05292012A003           AGREEMENT FOR DISTRIBUTION OF PAYMENTS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES PARK LOCAL MARKETING DISTRICT

 

The meeting recessed at 11:55 a.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present.  Also present were:  Rob Helmick, Planning Department; Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; William Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance. 

 

Mr. Lafferty then requested that item 2, regarding the Enclave at Eagle View Conservation Development Preliminary Plat Revocation, be moved to the consent agenda.  Chair Gaiter asked if everyone was in agreement with this change and no one expressed opposition to this action; however, one member of the audience requested that item 1, regarding the Andelt Subdivision Preliminary Plat and Final Plat, be removed from the consent agenda.

 

2.    ENCLAVE AT EAGLE VIEW CONSERVATION DEVELOPMENT PRELIMINARY PLAT REVOCATION, FILE #05-S2467:  This is a request for revocation of the approval of the Preliminary Plat Approval for a Conservation Development Land Division of 35-acres, which created 7 lots (including 6 residential lots and 1 residual lot with an existing dwelling) and an appeal to Section 8.14.Q of the Larimer County Land Use Code for dead end road length.

 

The Enclave at Eagle View Conservation Development was originally approved by the Board of County Commissioners on July 7, 2008, and the Findings and Resolution was approved on September 10, 2008. A preliminary plat once approved will expire if no action was taken (application for final Plat) within one year. This preliminary plat approval would have expired in September of 2009; however, staff worked with the applicant to renew or extend the approvals.  Staff has had requests from the applicant’s consultant in hand since late 2009 but due to a number of both economic and personal issues, the request to extend the preliminary plat approval was only formally received at the beginning of March of 2011. 

 

This project originally began as Chaledon Estates Conservation Development, which was approved in 2004 and withdrawn by the applicant in 2005.  This new project began in 2005 with a new sketch plan and ultimately was reviewed in 2008 and approved by the Board of County Commissioners in 2011, that approval expired on April 11, 2012. The applicant, and applicant’s agent, were advised of the expiration several times early this year and written notice of the need to extend or act was sent to the applicant in February of 2012. The applicant, their agents and the new owners were advised of this hearing on April 25, 2012, but no response has been received.  Several phone calls to the agent, Intermill Surveying, did not result in any action for the owner or applicant. 

 

The Development Services Team recommends approval of the Enclave at Eagle View Conservation Development revocation of Preliminary Plat Approval, file #05-S2467.

 

M O T I O N

 

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

 

Motion carried 3-0.

 


 

1.   ANDELT SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT, FILE #11-3077; AND LOT SIZE APPEAL, FILE #12-G0231:    This is a request for Preliminary Plat for a two-lot subdivision on 20-acres with one existing home. 

 

The applicants propose to divide a 20.6-acre lot in the AOMI Subdivision into two, 10-acre lots.  The site is located northwest of Wellington and is a part of a subdivision platted in the late 1970’s. The balance of the lots in the subdivision are 10+ acres and developed with single-family homes and accessory buildings.  There are agricultural lands to the north and east of the site, which is located between the Town of Wellington and the Waverly Community Influence Area.

 

The site contains a small wet area that may be a wetland and anecdotal information would suggest that is the reason for the larger lot size. Avoidance of this area is important for any future development. The site is extensively landscaped, with substantial vegetative windbreaks on the north, east and west sides of the property. Access would be from a publicly dedicated right-of-way from Olsen Court. The rights-of-way platted with the subdivision were incorporated into the lot areas, typical for a subdivision at that time and with these type/lot sizes.  This replat will require dedications outside of the lot area resulting in 10-acre lot(s) necessitating a lot size appeal. Due to the requirements of the current Code, requiring lot area to be outside of right-of-way, the Development Services Team can support the concept of these needed appeals. 

 

This proposal is a re-plat of an existing subdivision lot and coordination with the existing owners is important. Their expectations and historical information is reflected in the comments we have received. There are issues with perceptions on the appropriateness and the road. The required right-of-way dedications will reduce the lot size on both of the lots to below 10-acres.  This will require a lot size appeal and as noted, the staff does support this request, in part, due to the regulations in place at the time of the original platting, which allowed right-of-way to be included in lot area calculations. The wetland area on site has been avoided, and staff suggested the lot alignment to contain the wetland entirely on one lot, for ease of management.  The current plan provides for this separation although it has resulted in additional reduction in lot area, which is also supported by the staff. 

 

This proposal for a subdivision meets the requirements of the Code with the issues as noted in this memo. The input from a neighborhood meeting and neighbor referrals indicated that the expectation is that the lot would remain 20-acres in size. Other issues with respect to road maintenance and water supply have been addressed in the review. 

 

The Development Services Team findings are as follows:

 

A.  The proposed subdivision is compatible with existing and allowed land uses in the surrounding area;

 

B.  The applicant has demonstrated that the proposed subdivision can and will comply with all applicable requirements of this code;

 

C.  The recommendations of referral agencies have been considered; and

 

D.  Approval of the proposed subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed subdivision.

 

The Development Services Team recommends approval of the Andelt Subdivision, file #11-S3077, subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Andelt Subdivision, file #11-S3077, 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 Andelt Subdivision.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre School fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the time of building permit application shall apply. 

 

3.   Fire Requirements – Residential Fire Sprinklers will be required in all new residential structures.

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation, including test borings as identified in the CGS letter dated March 5, 2012.  No basements shall be allowed and the lowest habitable floor level shall not be less than 3-feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.   Passive radon mitigation measures shall be included in construction of residential structures 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.

 

6.   The Lot size appeal must be approved prior to approval of the Final Plat.

 

7.   Olsen Court and the turnaround at the cul de sac bulb shall be improved as detailed in the March 5, 2012, memo from Traci Shambo, Larimer County Engineering.

 

Mr. Helmick described the application as outlined above. 

 

Susan Andelt, applicant, noted that the covenants for this subdivision expired in 1997, and she also explained that the 2-inch water pipe was sufficient for the additional two proposed houses. 

 

Chair Gaiter opened up the hearing for public comment Bob Siblerud expressed opposition with further development and stated concerns with water pressure as already being problematic. He also stated that lot sizes less than 10-acres should not be approved, and that majority of the neighbors are also in opposition of this application.

 

There was no further public comment.

 

Ms. Andelt stated that she disagreed that all of the neighbors were opposed, and she stated that the proposed lot sizes are comparable to everything else in the neighborhood. 

 

Mr. Helmick stated that he was in receipt of a letter from the water service provider that assures there is enough water pressure within the pipeline for the additional homes.  Some discussion also ensured regarding the road width requirements.

 

Commissioner Johnson stated that he will support the application as it is well within the Land Use Code and agrees that the lot sizes are consistent with the neighborhood.  Chair Gaiter and Commissioner Donnelly concurred.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Andelt Subdivision Preliminary Plat and Final Plat and Lot Size Appeal, files #11-S3077 & 12-G0231, subject to the conditions outlined above.

 

Motion carried 3-0.

 

The meeting recessed at 3:55 p.m.

 

 

PUBLIC IMPROVEMENT DISTRICT (PID) HEARING

 

The Board of County Commissioners reconvened at 6:00 p.m. with Mark Peterson, County Engineer. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Linda Sanders, and Matt Johnson, Engineering Department; and Gael Cookman, Deputy Clerk.

 

1.   HORSESHOE VIEW ESTATES SOUTH PUBLIC IMPROVEMENT DISTRICT #44:   Ms. Sanders explained that there are 72 lots in the proposed district and that 52% of property owners signed the petition in favor of the improvement district.  She noted that the mill levy of 79.537 would generate approximately $86,400 per year; and would cost an average of $1,200 per lot. Ms. Sanders stated that she received five written comments; 3 in favor and 2 against the proposed district. 

 

Chair Gaiter opened up the hearing for public comment and the following individuals addressed the Board in favor of the proposed district:  Ryan Howard, Howard Farkner, Joseph Shapniss, and Bruce Koole. All stated that the PID, if created, would help them maintain their roads in a fair and equitable manner.

 

Chair Gaiter closed public comment.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Resolution Approving the Petition for the Organization of Larimer County Horseshoe View Estates Public Improvement District #44.

 

Motion carried 3-0.

 

05292012R005   RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY HORSESHOE VIEW ESTATES PUBLIC IMPROVEMENT DISTRICT #44.

 

2.  SOLDIER CANYON ESTATES PUBLIC IMPROVEMENT DISTRICT #52:   Ms. Sanders explained that there are 25 lots in the proposed district and that 68% of property owners signed the petition in favor of the improvement district. She noted that the mill levy of 10.364 would generate approximately $6,500 per year; and would cost an average of $260 per lot. Ms. Sanders stated that she received 20 written comments and all were in favor of the proposed district.

 

Chair Gaiter opened up the hearing for public comment and the following individuals addressed the Board in favor of the proposed district:  Timalynn Matthews, Peter Seekell, Jamie Fine, and Jason Jensen. All stated that the public improvement district would be the best way to maintain the roads and promote community harmony.

 

The following individuals addressed the Board in opposition to the proposed district:  Tom McClelland, Jo Jupert, Lou Bjostad, and Owen Randall. All stated that they have been able to maintain the roads without a PID for the last 20 years and did not believe that the government needs to be involved in this matter.

 

Chair Gaiter closed public comment and the Board agreed to let the citizens of this community determine the outcome in the general election.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Resolution Approving the Petition for the Organization of Larimer County Soldier Canyon Estates Public Improvement District #52.

 

Motion carried 3-0.

05292012R006   RESOLUTION APPROVING THE PETITION FOR THE ORGANIZATION OF LARIMER COUNTY SOLDIER CANYON ESTATES PUBLIC IMPROVEMENT DISTRICT #52.

 

3.  BROKEN TRIANGLE ESTATES PUBLIC IMPROVEMENT DISTRICT #45:  Ms. Sanders explained that there are 29 lots in the proposed district and that 67.3% of property owners signed the petition in favor of the improvement district.  She noted that the mill levy of 63.111 would generate approximately $53,000 per year; and would cost an average of $1,828 per lot. Ms. Sanders stated that she received four written comments and all were in favor of the proposed district.

 

Chair Gaiter opened up the hearing for public comment at the following individuals spoke in favor of the proposed district:  Judy Bockman, Chuck Reynolds, Tom Hager, Dennis Ulrich, Scott Ski, Gene Bothun, Sandra Reynolds, Patty Stokes, and Ron Kerschner.  All agreed that they needed a systematic approach to collect money for future improvements.

 

The following individuals spoke in opposition of the proposed district:  Pat McGibney, Chuck Fritag, Roberta Best, George Kline, Lawrence Drake, Jan Maury, Debbie Fritag, Joline Albright, and Sheila Laguna. They stated issues such as lack of communication, questions about “fairness” and who should be included in the PID.

 

Chair Gaiter closed public comment and the Board agreed that there were some unanswered questions regarding the possible formation of this district, and they agreed to let the community work together and possibly bring this back the commissioners in a year or two.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Resolution Approving the Petition for the Organization of Larimer County Broken Triangle Estates Public Improvement District #45.

 

Motion carried 3-0.

 

The hearing adjourned at 8:50 p.m.

 

 

WEDNESDAY, MAY 30, 2012

 

SPECIAL MEETING

OF THE BOARD OF COUNTY COMMISSIONERS

 

The Board of County Commissioners met at 12:20 p.m. with Neil Gluckman, Interim County Manager.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present.  Also present were:  Linda Hoffmann, Planning Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session for confidential legal advice as outline in 24-6-402(4)(e) C. R. S.

 

Motion carried 3-0.

 

The Board came out of executive session and the following action was taken:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the employment appointment agreement with Linda Hoffman, and authorize the Chair to sign the agreement.

 

Motion carried 3-0.

 

05302012A001           EMPLOYMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LINDA HOFFMAN, AS COUNTY MANAGER OF LARIMER COUNTY

 

The meeting ended at 1:15 p.m.

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk