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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 24, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Gaiter was present. Also present were: Rob Helmick, and, and Michael Whitley, Planning Department; Clint Jones, Ron Winne, and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance. 

 

Mr. Lafferty requested that item #4, regarding the Covenant Heights Amended Special Review, also be placed on the consent agenda if there was nobody in the audience to discuss this item.   No one wished to discuss any of the items, so all were placed on consent.

 

1.    HEROLD MINOR RESIDENTIAL DEVELOPMENT AMENDED PLAT OF LOT 2 & LOT 1, FILE #13-S3167:  This is a request to amend the boundary lines of Lot 2 and Lot 1 of the Amended Plat of Lots 3 and 4, Herold M.R.D.

 

These properties are located in the Herold M.R.D., located southwest of the City of Loveland, in the south corner of County Road 18 (14th Street) and Windy Gap Road.  The Herold M.R.D. was recorded in May, 1993 and amended in 1997.  This property is currently zoned R-Residential and that will remain the same.  The Lot lines between the two lots will be realigned with the boundary of the ditch and eliminate the property lines from crossing the ditch.  Lot 1, Amended Plat of Lots 3 & 4 will decrease from 9.87 acres to 8.97 acres and Lot 2 of the Herold M.R.D. will increase from 2.50 acres to 3.40 acres.  The smallest lot will not be any smaller than other lots in the subdivision.  All owners have agreed to the changes as proposed and signed the application form as submitted.  There are no proposed changes in the existing access or drainage. 

           

The following agencies have provided comments or verbally indicated they have no comments to the proposal:

 

·   The Larimer County Department of Health and Environment

·   The Larimer County Engineering Department

·   The Larimer County Land Surveyor

·   The Larimer County Code Compliance Section

·   The Larimer County Addressing Coordinator

 

Affected utility companies have agreed to the request by either stating no conflict or not responding.  Comments received from the Code Compliance Section indicate some parcels may need to obtain building permits. These permit issues are not directly related to the boundary changes, therefore no conditions of approval have been made.  The applicant can contact the Code Compliance section for more information on how to obtain applicable permits.

 

The proposed Amended Plat of Lot 2 and Lot 1 of the Amended Plat of Lots 3 and 4, Herold M.R.D. to reconfigure the lots will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code with the conditions as outlined below.

           

The Development Services Team recommends Approval of the Amended Plat of Herold M.R.D. File # 13-S3167 to reconfigure the lots subject to the following conditions and authorization for the chair 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 December 24, 2013, or this approval shall be null and void.

           

2.    BISON BLUFF LOT 1 EASEMENT VACATION, FILE #13-S3166:   This is a request for vacation and relocation of a 20 foot irrigation easement for the Missouri Canyon Pipeline

 

The applicant is planning on the construction of a new residence at this site.  The irrigation pipeline easement runs diagonally through the lot and interferes with the new home location.  The Missouri Canyon Pipeline is within the 20 foot easement.  The owner has worked with the irrigation company and relocated the pipeline to facilitate the construction of the new home.  The request is to vacate a portion and rededicate a new easement as shown on the attached exhibit. 

 

No other agency has commented on this request. 

 

The owner of the easement has agreed and participated in the relocation and now wishes to retain a new easement.  The applicant has provided a new legal description for the easement. 

 

The Development Services Team recommends Approval of the Bison Bluff Lot 1 Easement Vacation file # 13-S3166, subject to the following condition :

 

1.    The applicant shall provide a new legal description for the relocated easement before the Board of County Commissioner finalize the Findings and Resolution.  .

 

 

3.         SHIELDS STREET BRIDGE FLOODPLAIN SPECIAL REVIEW:  This is a request to replace the Shields Street Bridge at the Poudre River within the flood fringe and Floodway Overlay Zone Districts.

 

Larimer County is requesting approval of a Floodplain Special Review to allow the replacement of the Shields Street bridge within the floodway and flood fringe overlay zones of the Poudre River. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.

 

The Flood Review Board met on May 23, 2013, and reviewed the report prepared by Ayres Associates dated April 2013 and found the analysis to be acceptable. A motion was approved for a favorable recommendation to the Board of County Commissioners for approval of the Floodplain Special Review with the following condition:

 

1.   Further evaluation is done with regard to the channel bed and banks upstream of   the bridge to be reviewed and approved by staff.

 

The Larimer County Engineering Department recommends approval of the Shields Street Bridge Floodplain Special Review.

 

4.         COVENANT HEIGHTS AMENDED SPECIAL REVIEW, FILE #12-Z1896:   This is a request to amend a Special Review approval (File #13-80) to amend the conditions of approval, amend the approved site plan and clarify the approved uses on the property

 

This item was on the discussion agenda for the May 15, 2013 Planning Commission public hearing at 6:30pm.  At the hearing, Staff presented the Development Services Team report recommending approval of the proposed Amended Special Review. 

 

The Planning Commission listened to testimony from the applicant and public regarding the application.  Two members of the Tahosa Valley Landowners Association testified that they were concerned that there were many members of the association who were not aware of the proposal and they had concerns with how many more people could be accommodated on-site if the proposed Amended Special Review is approved.   A summary of the public testimony can be found in the attached Planning Commission minutes.  The applicant agreed to meet with the Tahosa Valley Landowners Association to further discuss their concerns before the Board of County Commissioners hearing.

 

After taking testimony the Planning Commission deliberated and voted unanimously (6 to 0) to recommend approval of the Special Review, stating they found the proposal meets the review criteria.

 

The Larimer County Planning Commission and Development Services Team recommend approval of the Covenant Heights Camp Amended Special Review, File 12-Z1896 subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Covenant Heights Camp Amended Special Review, File #12-Z1896 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 Covenant Heights Camp Amended Special Review.

 

2.   The maximum future build-out of the property shall be limited to 80,303 square feet of buildings, 450,000 square feet of developed outdoor recreation area and a maximum bed capacity of 509. 

 

3.   Prior to the issuance of building permits for new structures, a Site Plan Review is required to evaluate items such as building placement, erosion control, the provision of adequate water and sewer, traffic impacts and compliance with the approved cumulative square footage of buildings, developed outdoor recreation areas and bed capacity.

 

4.    The improvements planned by the applicant include replacement of the central sewer system.  The camp will continue to utilize the existing system until the new system is permitted and installed.  Timing for installing the that sewer system shall conform to the Compliance Advisory issued by the Colorado Department of Public Health and Environment on April 24, 2013, and the anticipated strategy and timeline to be developed pursuant to that Advisory.

 

5.   Failure to comply with any conditions of the Amended Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

6.   This application is approved without the requirement for a Development Agreement.

 

7.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

8.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

9.   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.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

The hearing adjourned at 3:05 p.m.

 

TUESDAY, JUNE 25, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Johnson presided, and Commissioner Gaiter was present.  Also present were:  Linda Hoffmann, Bob Keister, Donna Hart, and Deni LaRue, Commissioners’ Office; Undersheriff Bill Nelson, and Justin Whitesell, Sheriff’s Department; Lorenda Volker, and John Gamlin, Human Resources Department; Gary Buffington, Natural Resources Department; Candice Phippen, Building Code Enforcement; Myrna Rodenberger, and Irene Josey, Treasurer’s Office; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Pete Sakala, John Pedas, and Steve Bradley asked the Board to allow the sale of fireworks within Larimer County, as they have already stocked their inventory and restricting the sale of fireworks for two years in a row will be detrimental to their businesses. 

 

Linda Panapinto and Courtney Laughlin were both concerned with the fire conditions and asked the Board to do everything they can to mitigate the fire danger, including banning the sale of fireworks.

 

Mel Hilgenberg requested a listing of all state elected officials and their party affiliations.  He then provided his opinion on several items including his request to appoint a budget citizen commission, pursuit of retail sales tax on the internet, treat medical marijuana like alcohol sales, provide leadership in both water and energy consumption, and to redesign the county’s Health and Human Services dispute resolution process.

 

Eric Sutherland stated that, in his opinion, the officials within Larimer County do not understand the laws surrounding Tax Increment Financing, and that the laws are being applied incorrectly which causes tax payer dollars to be misdirected.  He stressed the need for a better public process, stating that citizens should have had access and input regarding the intergovernmental agreement that Larimer County recently entered into with the City of Loveland.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 17, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of June 17, 2013.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 1, 2013:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as listed below:

 

06252013A001           DRAINAGE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MRH PROPERTIES, LLC

 

06252013A002           STATEWIDE INTERNET PORTAL AUTHORITY (SIPA) SOFTWARE LICENSE RENEWAL BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SIPA

 

06252013A003           ADDENDUM TO LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANTONIOS KATOPODIS AND EVANGELIA KATOPODIS FOR PROPERTY LOCATED AT 418 EAST 4TH STREET, LOVELAND, COLORADO

 

06252013R001           RESOLUTION REGARDING EXTENSTION OF APPROVAL FOR AMENDED PLAT OF LOTS 16 & 23 OF RESTU SUBDIVISION

 

06252013R002           RESOLUTION REGARDING EXTENSTION OF APPROVAL FOR AMENDED PLAT OF LOT 1 AND OUTLOT A OF NATURE ESTATES SUBDIVISION (FILE #11-S3033)

 

06252013R003           RESOLUTION REGARDING EXTENSTION OF APPROVAL FOR JOHNSON’S SUBDIVISION

 

06252013R004           RESOLUTION REGARDING EXTENSTION OF APPROVAL FOR AMENDED PLAT OF LOTS 1, 2, 3, & 4, BLOCK 9, AND LOTS 15, 16, 17, & 18, BLOCK 10, BOSWORTH’S ADDITION (FILE #12-S3103)

 

MISCELLANEOUS:  Program Year 2013 Workforce Investment Act/Wagner Peyser Expenditure; Department of Human Services Payments for May 2013; Recommended appointment of Jack Brinn to the Red Feather Mountain Library District Board of Trustees to fill an unexpired term ending December 31, 2013.  Recommended appointment of Marie Sands to the Red Feather Mountain Library District Board of Trustees to fill an unexpired term ending December 31, 2014.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Pool Tyme Billiards – Tavern – Loveland; Fort Collins Breakfast Rotary Charitable Foundation – Special Event 6% - Fort Collins; Fort Collins Country Club – Hotel & Restaurant Private with Optional Premises – Fort Collins; Zippy’s Liquor – Retail Liquor Store – Fort Collins.

 

Motion carried 2-0.

 

5.         STEP PAY PLAN AND INITIAL ATTACK FIRE CREW FUNDING PRIORITIES:  Undersheriff Nelson noted that he met with the county manger and budget manager to prioritize the Sheriff’s Office budget, and he then requested approval on a new pay plan for the Sheriff’s deputies and approval to fund an initial attack fire crew.  Discussion ensued and the Board agreed to both requests. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve moving to a step pay plan for Sheriff’s Deputies.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve funding up to $440,000 from the general fund reserves for 2013, to support the pilot project for the initial attack fire crew; funding would be offset by any grants or other revenues obtained by the Sheriff’s Department for this project.

 

Motion carried 2-0.

 

6.         FIRE DANGER AND FIRE RESTRICTION DISCUSSION:  Undersheriff Nelson, Fire Chief Charles, Berthoud Fire Department; and Fire Chief Poncelo, Poudre Fire Department, outlined the fire conditions for the Board.  All supported fire restrictions and a fireworks ban across the county.  Discussion ensued, and the Board supported fire restrictions and the use of fireworks in certain areas, but would not support restricting fireworks sales this late in the game.  Chair Johnson also requested that the fire restrictions be extended into September, knowing they can be lifted at any time should conditions change.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the resolution declaring fire restrictions in Larimer County, as amended.

 

Motion carried 2-0.

 

06252013R005           RESOLUTION DECLARING FIRE RESTRICTIONS IN LARIMER COUNTY

 

7.         HUMAN RESOURCES POLICY WAIVER FOR DEPUTY DISTRICT ATTORNEY FOR JACKSON COUNTY:  Mr. Riedel requested approval to waive certain Human Resources Policies for a Deputy District Attorney assigned solely to Jackson County.  Mr. Riedel stated that it is a unique position; therefore, they support the request for the waiver of policy and work with the individual on scheduling future time off. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the following waivers of Human Resources Policy and Procedure 331.6H as they relate to the Deputy District Attorney for Jackson County, Colorado:  331.6H.V.D.1, 4(b) and 6 relating to granting, use and payout of “floating” holiday leave; 331.6H.V.I relating to the accrual, use and payout of sick leave; and 331.6H.V.J relating to the accrual, use and payout of vacation leave.

 

Motion carried 2-0.

 

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

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board outlined their activities during the previous week.

 

10.       LEGAL MATTERS:  Ms. Haag and Ms. Phippen outlined a citizen request to reduce the cost of the lien filed on their property, in exchange for the excessive cleanup they have already done.  Discussion ensued and the Board asked Ms. Phippen to draw up an agreement and present it at Administrative Matters the following week. 

 

Ms. Hagg then requested that the Board go into executive session to discuss potential litigation regarding the Colorado CustomWare Incorporated agreement.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receive legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

The executive session ended and Ms. Haag explained that Colorado CustomWare Incorporated (CCI) had previously agreed to return $250,000 for services and products not rendered.  The agreement stated that they would pay monthly installments of $3,333.33.  Ms. Haag further explained that CCI made three payments, but then defaulted, and she requested the Board allow them to take enforcement action.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners authorize the County Attorney to file suit for enforcement regarding the settlement agreement with Colorado CustomWare Incorporated.

 

Motion carried 2-0.

 

The Board recessed at 11:10 a.m.

 

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 2:30 p.m. with Jon Cowling, Chief Appraiser.  Chair Johnson presided, and Commissioner Gaiter was present.  Also present were:  Lisa Thieme, Assessor’s Office; and Gael Cookman, Deputy Clerk.

 

Mr. Cowling explained that this was an abatement hearing for Fun-Wear Brands, Inc.; however, the petitioner is not in attendance and have requested an administrative denial.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners deny the Petition for Abatement of taxes for Fun-Wear Brands, Inc., for parcel number 35251-17-011, for 2010. 

 

Motion carried 2-0.

 

The hearing adjourned at 2:35 p.m.

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk