> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 03/18/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 18, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Johnson presided, and Commissioners  Donnelly and Gaiter were present.  Also present were:  Karin Madson, and Samantha Mott, Planning Department; Clint Jones, Engineering Department; Candice Phippen, Code Compliance Office; Dave Shirk, Estes Park Planning Department; Bill Ressue, County Attorney’s Office, and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.  Mr. Lafferty then requested that item #3 be moved to the consent agenda, as the applicant and staff are in agreement.  The Board concurred, and Chair Johnson explained that the following items are on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or any member of the audience:

 

1. GUTSCHER ACRES LOT 30 LOT CONSOLIDATION/RIGHT-OF-WAY VACATION, FILE #13-S3155:  This a request to combine Lot 30 Gutscher Acres and a portion of right-of-way that was vacated in 1977, into one lot.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following agencies have stated that they have no objections to this proposal:

·   The Larimer County Department of Health and Environment 

·   The Larimer County Engineering Department

·   The Larimer County Addressing Section

·   The Larimer County Code Compliance Section

 

The Assessor’s office indicated the new legal description for the resultant lot will be Lot 30A Gutscher Acres, Lot Consolidation Resolution of Lot 30 Gutscher Acres and portion of vacated Gutscher Drive per resolution recorded at reception no. 178091, County of Larimer, State of Colorado.

The proposed Gutscher Acres Lot 30 and portion of vacated right-of-way Lot Consolidation will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Gutscher Acres Lot 30 and a portion of vacated Gutscher Drive right-of-way Lot Consolidation, File # 12-S3155 subject to the following conditions:

1.   All conditions of approval shall be met and the final resolution recorded by September 15, 2013 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.

 

2.         DAVIS CD PLAT MODIFICATION OF CONDITION, FILE #13-S3158:  This is a request to remove a condition of approval.  On January 28, 2012, the Board of County Commissioners approved the preliminary plat of the Davis Conservation Development.  The item was on the consent agenda and there was no discussion.

 

The applicant has requested that the following condition of approval be removed:

 

The applicant shall modify the plat to reflect the following changes:

·   Revise the plans to show Lot 2 as a building envelope for Residual Lot A.

 

The Development Services Team has reviewed the request to remove the condition of approval and has no concerns or objections to the request.

 

The Development Services Team recommends approval of request to modify the conditions of approval for the Davis Conservation Development, File #13-S3158.

 

 

3.    YMCA SIGN CODE APPEAL:   This is a request by the YMCA of the Rockies to build a second entry sign.  The sign would be a 21-foot tall ‘ranch style’ entry sign, with support posts on each side of the road, with the sign spanning the road.

 

Requested Waivers to the Larimer County Sign Code:

1.   Section 10.11.B.1 to allow more than one freestanding sign per street frontage. 

2.   Section 10.11.B.2 to allow a maximum height of 21-feet in lieu of the 18-feet typically required.

 

Staff findings are as follows:

1.   The Larimer County Board of County Commissioners approved the YMCA Master Plan in March 2007.

2.   Section 4.5 of the YMCA of the Rockies Master Plan addresses site entrance, with a stated policy to ‘enhance the main entry at Highway 66 with improved signage, lighting and landscaping, creating an inviting front door.”

3.   The old entry sign has been removed and replaced with a modern sign with code compliant lighting (a major issue discussed during the master plan process).

4.   The proposed second sign would not be lit.

5.   The proposed second sign would be located approximately 150-feet from the edge of pavement of Tunnel Road (the sign would be on the west side of the entry bridge).

6.   The sign would be located on private property, and would span a private road.

7.   This request has been forwarded to the Fire District, Larimer County Engineering, and utility providers.  Because the sign would be tall enough to allow emergency and utility vehicles unhindered access, no issues or concerns were raised.

8.   Staff has received two comments from notified property owners; one in favor, one opposed.

 

Staff recommends approval of the requested waivers to Section 10.11.B.1 and Section 10.11.B.2 of the Larimer County Sign Code to allow construction of a 21-foot tall entry sign, as delineated on the sign plan.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The hearing adjourned at 3:10 p.m.

 

TUESDAY, MARCH 12, 2013

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Johnson presided, and Commissioners Gaiter and Donnelly were present.  Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Carol Block, Lorrie Lopez, and Stacie Hougard, Finance Department; Brenda Gimeson, Planning Department; Curtis Bridges, George Wallace, and Richard Seaworth, Agricultural Advisory Board; Bill Ressue, County Attorney’s Office, and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:        Jamie Astorga addressed the Board on behalf of the Rist Canyon community, with concerns regarding the increased possibility of mudslides and flooding when the spring rains hit the burn areas; he suggested that consideration be made by the county to provide sand and sand bags in preparation for these natural disasters.

 

Mel Hilgenberg provided suggestions for fire mitigation, including the use of aircraft with the visual and thermal means to detect smoldering fires before the winds blow them up.

 

Eric Sutherland informed the Board that he is lodging a criminal complaint against the City Manager for loaning $4 million of public money to the Urban Renewal Authority; he asked the Commissioners to step in and support these allegations of wrong doing.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 11, 2013:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 11, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 25, 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 published below:

 

03192013A001           DEPARTMENT OF PUBLIC SAFETY CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, ON BEHALF OF THE COMMUNITY CORRECTIONS DEPARTMENT, AND THE STATE OF COLORADO

 

03192013A002           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – DIAMOND SHAMROCK STATIONS, INC.; DOCKET NO. 61310, SCHEDULE NUMBERS R1307312, R1307339, R1307347

 

03192013A003           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – DIAMOND SHAMROCK STATIONS, INC.; DOCKET NO. 61314, SCHEDULE NUMBERS R0694240, R1212311, R1230573

 

03192013A004           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – EILEEN VAN BAREN; DOCKET NO. 60903, SCHEDULE NUMBER R0277355

 

03192013R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 8, 9, AND A PORTION OF LOT 41, BLOCK 2, AND PORTIONS OF LOTS 27-30, 41 & 42, BLOCK 11 IN THE GLEN HAVEN SUBDIVISION

 

03192013R002           FINDINGS AND RESOLUTION APPROVING THE GLEN HAVEN FIRE DEPARTMENT FEE APPEALS

 

03192013R003           FINDINGS AND RESOLUTION APPROVING THE DAVIS CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND APPEAL TO CONNECTIVITY STANDARDS

 

03192013R004           FINDINGS AND RESOLUTION APPROVING THE PUBLIC SERVICE COMPANY OF COLORADO WEST MAIN GAS LINE 1041

 

03192013R005           FINDINGS AND RESOLUTION APPROVING THE VACATION OF ACCESS AND UTILITY EASEMENTS IN RED RIDGE MLD, LOTS 2 & 4

 

03192013R006           FINDINGS AND RESOLUTION APPROVING THE HERONS’ HILL SUBDIVISION PRELIMINARY PLAT AND APPEALS

 

03192013R007           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN EASEMENT IN GLACIER VIEW MEADOWS 8TH FILING LOT 1

 

MISCELLANEOUS:  Appointment of Kathi Wright, and Varo Maldonado to the Workforce Investment Board beginning March 19, 2013, and expiring June 30, 2015; Position Authorization Request to increase Administrative Assistant II position in Commissioners’ Office from .75 FTE to 1.0 FTE; Community Services Block Grant Budget Letter; Support Letter for Bobcat Ridge Historic Preservation Grant Application.

 

LIQUOR LICENSES:  The following liquor licenses have been issued and/or approved:  Suede Event Center – Tavern – Loveland; Carter Lake Marina – 3.2% - Loveland; Forks Food N Fuel – 3.2% - Livermore; Prime Tyme at the Forks – Tavern – Livermore.

 

Motion carried 3 -0.

 

5.         RECOGNITION FOR CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING:   Ms. Block stated that in 2013 Larimer County and the County’s Finance Division was awarded the Certificate of Achievement for Excellence in Financial Reporting for the 2011 Comprehensive Annual Financial Report (CAFR).  Ms. Block  recognized Lorrie Lopez, and Stacie Hougard for their efforts in creating and standardizing the CAFR, and further stated that it takes a tremendous amount of work to become eligible to compete for the award.  Finally, Ms. Block stated that this is the 29th year in a row that Larimer County has received this award.

 

The Board congratulated Ms. Block and her staff for this achievement.

 

 

6.         RECOGNITION FOR SUCCESSFUL APPEAL TO FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA):  Mr. Gluckman explained that FEMA had previously denied a request for refund of $24,100 for expenses incurred due to the High Park Fire.  He commended both Ms. Block and Ms. Hougard for their efforts in appealing this decision and being successful in having it over-turned, as it is very rare that FEMA approves an appeal.  The Board thanked Ms. Block and Ms. Hougard for their efforts and determination.

 

7.         UPDATE ON THE AGRICULTURAL ADVISORY BOARD AND APPROVE THE PROPOSED WORK PLAN:   Ms. Gimeson, Mr. Wallace, Mr. Seaworth, and Mr. Bridges gave an in-depth review of the 2013 Agricultural Advisory Board Work Plan, which includes public education and outreach, agricultural land preservation and stewardship, water availability, and legislative and public policy.  Some discussion ensued. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the 2013 Recommended Work Plan for the Larimer County Agricultural Advisory Board.

 

Motion carried 3-0.

 

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

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

10.       LEGAL MATTERS:  Mr. Ressue requested the Board go into executive session to discuss the Bush vs. Galura Small Claims Court Action.

 

M O T I O N

 

Commissioner Gaiter 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 the following action was taken:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the defense by Larimer County and the Larimer County Attorney’s Office of Charina Galura of Community Corrections, in Small Claims Court case #13S104, filed by Phillip Bush; and to pay any judgments that may be entered against her in her official or individual capacity.

 

Motion carried 3-0.

 

The meeting recessed at 11:55 a.m.

 

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 2:30 p.m. with Davin Stephens, Assessor Appraiser.  Chair Johnson presided, and Commissioners Gaiter and Donnelly were present.  Also present were:  Petitioners Tony Campana and Gino Campana, and Gael Cookman, Deputy Clerk.

 

Mr. Stephens explained that the petitioners are requesting an abatement of taxes on many parcels within the Sidehill Subdivision, which has now been re-platted as the Bucking Horse Subdivision.  Mr. Stephens stated that 1st National Bank owned the property in 2010 and 2011, and that the new owners purchased the property at the very end of 2011. 

 

Mr. Stephens explained that they used three approaches to determine values:  1) Raw Land Value; 2) Market Value; 3) Present Worth Value.  He also stated that 1st National Bank had previously petitioned for lower values on 29 lots, which are not included in this petition for abatement.  Finally, Mr. Stephens noted that they have assessed a total value of $3.5 million on the subdivision, and that the petitioners are requesting that be lowered to $918,000. 

 

Mr. Gino Campana explained that the property went into bankruptcy and that the roads were failing; he further noted that they have to go back and re-title all of the lots, and that there are historical landmarks on the property that are causing further development issues. 

 

Much discussion ensued.  The Board noted that the values presented are extremely far apart, and they asked the petitioner to work more closely with the Assessor’s Office to try and reach some middle ground.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table this item to a later date, to allow the petitioner to work with the Assessor’s Office, and to continue this hearing again if the applicant so desires.

 

Motion carried 3-0.

 

The hearing adjourned at 3:20 p.m.

 

THURSDAY, MARCH 21, 2013

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 2:30 p.m. with Christine Murray, Assessor’s Appraiser.  Chair Johnson presided, and Commissioners Gaiter and Donnelly were present.  Also present was Gael Cookman, Deputy Clerk.

 

Ms. Murray explained that they have reached an agreement with the petitioner, Wellington Hospitality Group, LLC,  and asked the Board to accept the stipulation agreement.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the stipulation agreement regarding the Petition for Abatement for Wellington Hospitality Group, LLC.

 

Motion carried 3-0.

 

The hearing adjourned at 2:35 p.m.

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk