MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, JANUARY 20, 2014
County offices were closed in observation of Martin Luther King, Jr. Day.
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Deni LaRue and Donna Hart, Commissioners’ Office; Doug Ryan, Health and Environment Department; Marc Engemoen, Public Works Department; and Dana Polley, Deputy Clerk.
Chair Donnelly opened the meeting up to public comment giving citizens the opportunity to address the Board of Commissioners with events and issues pertaining to Larimer County.
Chair Donnelly then led the Pledge of Allegiance.
1. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 13, 2014:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of January 13, 2014, as presented.
Motion carried 3-0.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 27, 2014: Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
Commissioner Johnson moved that the Board of County Commissioners approve the following items, as listed below:
01212014A001 AMENDMENT #2 TO FOOD SERVICE AGREEMENT FOR LARIMER COUNTY CRIMINAL JUSTICE SERVICES BY AND BETWEEN LARIMER COUNTY AND ARAMARK CORRECTIONAL SERVICES LLC
01212014A002 LARIMER COUNTY, COLORADO FLOOD RECOVERY & NON-PROJECT-SPECIFIC BRIDGE/ROADWAY DESIGN & CONSTRUCTION MANAGEMENT CONSULTANT SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND AVI P.C.
01212014A003 LARIMER COUNTY, COLORADO FLOOD RECOVERY & NON-PROJECT-SPECIFIC BRIDGE/ROADWAY DESIGN & CONSTRUCTION MANAGEMENT CONSULTANT SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND ALFRED BENESCH & COMPANY
01212014A004 LARIMER COUNTY, COLORADO FLOOD RECOVERY & NON-PROJECT-SPECIFIC BRIDGE/ROADWAY DESIGN & CONSTRUCTION MANAGEMENT CONSULTANT SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND HDR ENGINEERING INC.
01212014A005 LARIMER COUNTY, COLORADO FLOOD RECOVERY & NON-PROJECT-SPECIFIC BRIDGE/ROADWAY DESIGN & CONSTRUCTION MANAGEMENT CONSULTANT SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND INTERWEST CONSULTING GROUP INC.
MISCELLANEOUS: Expenditure Authorization for the PY13 Federal Neg-Disaster Grant; Stipulation as to Tax Year 2013 Value – Waterbury Orchards LLC; Stipulation as to Tax Year 2013 Value – Craig Realty Group – Loveland LLC; Treasurer’s Six Month Report.
LIQUOR LICENSES: The following licenses were issued and/or approved: Vern’s Place – Beer and Wine – LaPorte; Boyd Lake Marina – 3.2% Beer Retail – Loveland; Gateway Liquors – Retail Liquor Store – Loveland; JJ’s Liquor – Retail Liquor Store – Fort Collins; Sundance Steakhouse and Saloon – Hotel and Restaurant – Fort Collins; Pheasants Forever – Special Event Permit (6%) – Loveland; Fort Collins Elks Lodge, BPOE 804 – Modification of Premises – Fort Collins; The Hideout Patio Bar & Grill – Change of Trade Name – Fort Collins.
Motion carried 3-0.
4. OIL & GAS RULEMAKING REVIEW AND RECOMMENDATIONS: Mr. Ryan presented the Board with a memo from the Larimer County Environmental and Science Advisory Board in support of the Oil & Gas Rulemaking proposal, and suggested the Board send a letter of support to the Colorado Air Quality Control Commission. Mr. Ryan outlined some of the benefits of the new rules and regulations. Some discussion followed regarding the specific changes.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve signing a Letter of Support from the Board of County Commissioners to the Air Quality Control Commission, expressing support for adoption of the proposed air emission rules.
Motion carried 3-0.
5. CONSIDERATION OF INTERGOVERNMENTAL AGREEMENT FOR REPAIR OF THE FISH CREEK CORRIDOR: Mr. Engemoen explained that the four parties involved in this agreement, The Town of Estes Park, Upper Thompson Sanitation District, the Estes Valley Recreation and Park District, and Larimer County, have not yet come to consensus regarding the specific language of the agreement. Since negotiations are still occurring, Mr. Engemoen suggested the Board revisit this item once all issues have been resolved. The Board agreed and some discussion ensued regarding the specifics of the agreement.
6. COUNTY MANAGER WORKSESSION: Ms. Hoffmann mentioned that the strategic plan objectives which will be used to measure and achieve the goals for the County were discussed in two sessions and the County will be reaching out to the public to create objective teams. She also talked about her recent trip to the new space for Child Welfare. She was very impressed with the space which has implemented the ‘hoteling model’ and she thinks this model could be successful in other County or business offices.
7. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their involvement at events during the previous week.
8. LEGAL MATTERS: There were no legal matters for discussion.
The meeting recessed at 10:05 a.m.
LAND USE HEARING
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: Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick and Savanah Benedick, Planning Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.
Chair Donnelly opened the hearing with the Pledge of Allegiance, and explained that the two items on today’s agenda are on consent and will not be discussed unless requested by the Board, staff, or members of the audience:
1. CRYSTAL LAKES FILING LOTS 124 & 125 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #13-S3195: This is a request to amend the plat of Lots 124 and 125 of the Crystal Lakes 12th Filing PUD, to consolidate the lots into one lot and vacate the 20-foot utility easement located along the common lot line.
Both properties are located in the Crystal Lakes 12th Filing PUD at the convergence of Ottawa Way and Apalachee Court. The Crystal Lakes 12th Filing PUD was recorded in 1977. Consolidating the lots will create one lot that is 3.9 acres in size. An easement vacation is also proposed for the existing 20-foot utility easement along the common lot line of these two lots.
Staff finds that the proposed Lot Consolidation of Lots 124 & 125 of the Crystal Lakes 12th Filing PUD will not adversely affect any neighboring properties or any County agency. The consolidation will not result in any additional lots. Staff is in support of vacating the easement that would go through the middle of the resulting lot if not vacated. Staff finds that, with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.
Therefore staff recommends approval of the Lot Consolidation and vacation, subject to the following conditions:
1. All conditions of approval shall be met and the final resolution recorded by July 20, 2014 or this approval shall be null and void.
2. The vacation of the 20-foot utility easement and the reconfiguration of the lot lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.
3. The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.
2. RAINBOW LAKE LOT 72 AND OUTLOT F AMENDED PLAT AND EASEMENT VACATION, FILE #13-S3194: The is a request to approve an amended plat to replat Lot 72 as a building envelop on Outlot F and vacation of easements for access to the lot, which would not be required of the Rainbow Lake Conservation Development.
The Rainbow Lake Conservation Development was originally approved in 2001 and the Final Plat was completed in 2002. The original land area was 354 acres and 72 lots were platted on the site consuming approximately 50% of the land area. There were several Residual Lots for a variety of purposes created with the plat. The area platted north of the Hertha Reservoir was approximately 15 acres that was isolated from the balance of the site. This area was created as Residual Lot F and Lot 72. The Lot was 2 acres and the balance of the area was the residual lot. The original approval looked to the requirement to maintain a 35 acre per developable residual lot however; in this case, that standard makes little sense given the isolated nature of the property. Because a separate lot was created, there are easements for the benefit of the lot for access and utilities. The applicant proposes to eliminate the lot boundaries and create a single residual lot that contains a building envelop in essentially the same place as the lot. This allows the easements to be vacated for access to the lot since it is all one ownership now. The easement vacation will also allow for more convenient placement of accessory structures on the residual lot, avoiding the requirement for setbacks from a driveway/road.
Staff finds that this proposal meets the requirements of the Land Use Code and is consistent with the original intent of the approval of the Conservation Development. No individual or referral agency has identified any issue with the proposal.
Therefore staff recommends approval of the Amended Plat of Lot 72 and Residual Lot F and Easement Vacation within Rainbow Lake Conservation Development, file # 13-S3194 vacation of the 20-foot access & utility easement on the north lot line subject to the following condition 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 July 21, 2014, or this approval shall be null and void.
2. Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.
M O T I O N
Commission Gaiter moved that the Board of County Commissioners approve the consent agenda as listed above.
Motion carried 3-0.
There being no further business, the hearing adjourned at 3:05 p.m.
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Dana S Polley, Deputy Clerk