> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/17/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, APRIL 17, 2006

 

LAND USE HEARING

(#44)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  Karin Madson, and Porter Ingrum, Planning Department; Matt Johnson, Engineering Department; Doug Ryan, Environmental Health Department; Dave Shirk, Town of Estes Park Planning Department; Jeannine Haag, Assistant County Attorney; and Angela Myers, Deputy Clerk. 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Gibson explained that Item 1, regarding the Amended Plat of Lots 1 and 2, Block 1, Larimer Terminals Subdivision, is being tabled to May 15, 2006, at 3:00 p.m.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Amended Plat of Lots 1 and 2, Block 1, Larimer Terminals Subdivision, to May 15, 2006, at 3:00 p.m.

Motion carried 3-0.

 

Chair Gibson then noted that Items 2 through 4 are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.  LITTLE VALLEY AMENDED PLAT:  This is a request to combine two lots into a single lot.  This plat is subject to the “Lot Consolidation” process set forth in the Estes Valley Development Code, and was not reviewed by the Planning Community Development.  This plat meets all the technical requirements set forth in the Estes Valley Development Code, and the proposal complies with applicable sections of the Estes Valley Development Code, specifically Section 3.9 “Subdivisions” and Chapter 10 “Subdivision Design Standards.”

Staff findings are as follows: 

1.   This proposal complies with applicable sections of the Estes Valley    Development Code.

2.   This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.

3.   Within sixty (60) days of the Board’s approval of the Amended Plat, the developer shall submit the Final Plat for recording.  If the Amended Plat is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void.

 

Staff recommends approval of the proposed Amended Plat of Lot 55 Little Valley Subdivision Second Filing and the Amended Plat of the Amended Plat of Lots 50-54, Little Valley Subdivision Second Filing conditional to:

1.   The plat shall be amended to remove reference to easements being vacated and the “Little Valley Second Filing” reference below the access roadway description shall read “Dedicated on original Plat of Little Valley Second Filing.”

 

3.  PLEASANT ACRES 2ND LOT 1 AND 2, BLOCK 4 AMENDED PLAT – #06-S2547:  This is a request for an Amended Plat of Lot 1 and a portion of Lot 2, Block 4, Replat of a part of Pleasant Acres 2nd Subdivision, to reconfigure portions of platted lots into a single lot consistent with the metes and bounds description of lots deeded without platting in the past. 

The following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and the Larimer County Engineering Department.  The Land Surveyor of the Larimer County Engineering Department noted corrections that are necessary on the Plat.  Development Services Review Team also noted corrections needed on the plat prior to recordation.

The Development Services Team recommends approval of the Amended Plat of Lot 1 & a portion of Lot 2, Block 4, Replat of a Part of Pleasant Acres 2nd Subdivision, 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 October 17, 2006, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department, as outlined in his letter dated March 30, 2006.

3.   Prior to the recordation of the Final Plat the applicant shall revise the plat to include a signature block for all owners and lienholders.

 

4.  BALLARD PLACE LOT 8 BLOCK 3 LOT CONSOLIDATION – #06-S2543: This request is to combine portions of two contiguous lots in the Ballard Place Subdivision into one lot.  Typically combining portions of two lots requires an Amended Plat; however, if the lots were created before the County’s subdivision regulations were created, (May 8, 1968), then the lots may be combined through the Lot Consolidation process. Deeds were submitted with this application indicating that these lots were created before May 8, 1968.

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and the Larimer County Engineering Department Development Review Team.

The proposed Lot Consolidation for Ballard Place Lot 8 Block 3 will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code, and recommends approval of the Lot Consolidation of Ballard Place Lot 8 Block 3 in the Ballard Place Subdivision subject to the following conditions:

 

1.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

2.   All conditions shall be met and the final resolution of the County Commissioners recorded by October 17, 2006, or this approval shall be null and void.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Items 2 through 4, as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

TUESDAY, APRIL 18, 2006

 

ADMINISTRATIVE MATTERS

(# 44 & 45)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Sheriff Jim Alderden, Sheriff's Department; Cynthia Runta, Concerned Citizen; Donna Hart, and Deni LaRue, Commissioners’ Office; David Karen and Al Kadera, Planning Department; Candice Phippen, Building Code Enforcement; Jeannine Haag, Assistant County Attorney;  Kristen Romary and Gael Cookman, Clerk and Recorder's Office.

 

1.  PUBLIC COMMENT:   Don and Margie Jensen addressed the Board regarding a neighborhood dispute they have been involved with for a number of years, which also involves a Larimer County Sheriff's Deputy.  Mr. Jensen explained that the Colorado Bureau of Investigation (CBI) has conducted an investigation of this matter; however, Mr. Jensen stated that since Sheriff Alderden was previously employed by the CBI, the CBI should have recused themselves and referred this matter to another agency to conduct the investigation.  Discussion ensued, during which Mr. Jensen requested the Board to initiate a Grand Jury investigation.  Commissioner Rennels explained that she believed it would be Mr. Jensen's responsibility to initiate the Grand Jury investigation.  Chair Gibson stated that they would consult with the County Attorney to determine the Commissioners' responsibility regarding this matter, and get back with the Jensens.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 10, 2006

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 10, 2006, as presented.

 

Motion carried 2-0; Commissioner Wagner abstained.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF APRIL 24, 2006:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 18, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are denied:  Echostar Satellite Corporation (2 parcels); Andrew Skeens and Jean Ottero-Skeens; Dana Goode and Ricky Armistead; Victoria Peters and Robert Devereaux; Helena and Herman Goens.

 

04182006A001           DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES

 

04182006D001           DEED OF DEDICATION BY REID CAMERON, HELEN CAMERON AND REID A. CAMERON III FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04182006D002           DEED OF DEDICATION BY WILMA M. BALL FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04182006D003           DEED OF DEDICATION BY ERNEST M. SCHMIDT FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04182006D004           DEED OF DEDICATION BY WESLEY W. MELANDER AND JACQUELYN M. ENGEL FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04182006D005           DEED OF DEDICATION BY GUADALUPE PENA JR. AND MARY E. PENA FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04182006R001           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT

 

LIQUOR LICENSES:  The following licenses were both approved and issued:    La Chaumiere - Hotel and Restaurant - Lyons; Sandy's Convenience Store - 3.2% - Fort Collins; Columbine Lodge - 3.2% - Bellvue.  The following application was approved:   Medieval World USA - Special Event 6% - Fort Collins.  The following license was issued:  Horsetooth Market - 3.2% - Fort Collins.

 

Motion carried 3-0.

 

5.   APPEAL THE FEE FOR A LOCATION AND EXTENT FOR THE THOMPSON R2-J SCHOOL DISTRICT:   Mr. Karan explained that the Thompson R2-J School District wants to purchase a site for future construction of school and is requesting that the fees for Location and Extent Review be waived, as they will not start construction for at least 9 years.  Discussion ensued and Commissioners Wagner and Rennels felt that if this request were approved it could set a precedent in that all school districts may feel entitled to a waiver of fees for future requests.  Chair Gibson disagreed, noting that he was in support of the request for a waiver of fees.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners not approve the appeal to waive fees for processing the Thompson R2-J School District Location and Extent Review for Parcel #96250-00-006.

 

Motion carried 2-1; Chair Gibson dissenting.

 

6.  LEGISLATIVE ISSUES:   There were no legislative issues to discuss.

 

7.  WORKSESSION:   Mr. Lancaster displayed the Sheriff's Department website of registered sex offenders living in Larimer County.  Some discussion ensued.

 

8.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week.  

 

10.  LEGAL MATTERS:  The Board explained to the Assistant County Attorney that Mr. Jensen has requested a Grand Jury investigation regarding his neighborhood dispute that involves a Sheriff's Deputy.  Ms. Haag agreed that it would be up to Mr. and Mrs. Jensen to work with the District Attorney and request a Grand Jury investigation of this matter.  The Board asked Ms. Haag to communicate this in a letter to Mr. and Mrs. Jensen.

 

Executive Session:  (Affidavit provided.)

 

M O T I O N


Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0. 

 

The Executive Session ended and Ms. Haag explained that the Court has ruled that Lynn Turner was in violation of zoning regulations by operating a feedlot for emu's without special review approval; she asked for Board approval to uphold the Court's decision.

 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners authorize the County Attorney's Office to enforcement the judgment of the Courts concerning Lynn Turner and his emu operation.

 

Under discussion of the motion, Commissioner Rennels stated that the decision was based upon the code at the time; however, she could not support the motion, as there is an emphasis of trying to keep agricultural productions alive in the county, and there are so many complexities within Larimer County regarding animals.

 

Motion carried 2-1; Commissioner Rennels dissenting.

 

11.  VISIT FROM SENATOR KEN SALAZAR:  Senator Salazar discussed environmental issues, transportation issues, drug use, drug rehabilitation, methamphetamine labs, and the concept of Vote Centers, with the Board and Sheriff Alderden.  Senator Salazar stated that he visited Fossil Ridge High School and was impressed with the conservation efforts utilized within the school. 

 

The meeting recessed at 12:20 p.m.

 

 

ADOPTION OF PUBLIC AND GENERAL

IMPROVEMENT DISTRICT BYLAWS

(#45)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rex Burns, Project Engineer. Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Mark Peterson, and Linda Sanders, Engineering Department; and Gael Cookman, Clerk and Recorder's Office.

 

Chair Gibson explained that the Board will consider adopting the bylaws for the Eagle Rock Ranches Public Improvement District (PID) No. 23; the Estes Park Estates PID No. 25; the Eagle Ranch Estates PID No. 26; and the Foothills Shadow PID No. 31, as these PID's do not yet have Advisory Boards in place.

 

Mr. Burns explained the history of Public Improvement Districts and General Improvement Districts in Larimer County, noting that the first PID was created in 1972.  Mr. Burns stated that the districts are formed in order to maintain subdivision roads within the district.  Mr. Burns noted that staff provides engineering and administrative support to the districts, and due to the increased number of districts that have formed over the years, staff would like to streamline processes and create similar by-laws for all districts.  Mr. Burns proposed that the Advisory Board members for each district be appointed by the Commissioners, as opposed to being elected by the district members. 

Ms. Sanders explained that Cheri Pineda, staff member of the Commissioners office, will be processing the applications.  Ms. Sanders noted that she had both applications and Ms. Pineda's business cards for those present that may wish to apply for a position on the Advisory Board.  Ms. Sanders also explained that the only differences in the bylaws between each district will be the number of board members (between three and five), the place where the annual meetings will be held, and where the notice for public meetings will be posted. 

Chair Gibson opened up the hearing for public comment.   There was no public comment. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the bylaws for the Eagle Rock Ranches Public Improvement District (PID) No. 23; the Estes Park Estates PID No. 25; the Eagle Ranch Estates PID No. 26; and the Foothills Shadow PID No. 31.

Motion carried 3-0.

 

Mr. Burns explained that the next set of bylaws the Board will be considering pertains to the Carriage Hills General Improvement District No. 4.  Mr. Burns stated that they wished to discuss this district separately as there is an existing board in place and they would expect public comment on this item.

Chair Gibson opened the hearing up for public comment and Fred Garrabrant, current Carriage Hills GID Board member, stated that it appears that the proposed bylaws conflict with Colorado Revised Statutes in that there is a three-day notice requirement for public meetings, and that the notice must be posted in three places.  Some discussion ensued, during which Mr. Burns stated that the proposed bylaws do not conflict with Colorado law, and that some of the requirements Mr. Garrabrant was referring to pertained specifically to the Board of County Commissioners, and not Advisory Boards.

There was no further public comment.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the bylaws for the Carriage Hills General Improvement District No. 4.  

Motion carried 3-0.

 

Mr. Burns explained that the next set of bylaws the Board will be considering pertains to the Red Feather Lakes General Improvement District No. 13A.  Mr. Burns stated that this district also has an existing board in place and they would expect public comment on this item.

Chair Gibson opened up the hearing for public comment and Rick Zier, attorney representing the current elected Advisory Board for the Red Feather Lakes GID No. 13A, addressed the Board.  Mr. Zier explained that the existing board wished to continue being elected, rather than be appointed by the Commissioners.  Mr. Zier stated that there are protection measures in place, such as the recall process, if elected board members need to be removed.  He also stated that the Commissioners do not need to be micromanaging the districts, and there will be far too many interviews to conduct.  As an alternative, Mr. Zier suggested allowing those boards that wish to hold elections do so, and all others can be appointed.  Chair Gibson explained that voting processes can be "slanted" whereas the Commissioners would look to appoint a diverse board with broad viewpoints.  Mr. Zier agreed, but further noted that typically the viewpoints of the majority are those that have the greater and more reasoned approach.

Ross Reid, Red Feather Lakes resident, stated that he would prefer that the Commissioners appoint members to the Advisory Board, as it is difficult to serve on the board, and he would like to see the bylaws enforced.

Janet Iverson, Red Feather Lakes resident, stated that she too supports the Commissioners appointing member to the Advisory Board, as there are several people that would like the opportunity to serve on the board.

There was no further public comment.

Commissioner Wagner explained that both current and prospective board members could apply and that appointing members would take the "politics" out of serving on the board.  Commissioner Rennels stated that she has received letters and e-mails supporting both sides, but agreed with Commissioner Wagner that appointing members will indeed take the politics out of the process.  At this time a member from the audience wished to address the Board.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners re-open public comment.

Motion carried 3-0.

 

Mr. Reid asked how the residents in the district will be informed that they can apply to serve on the board.  Ms. Sanders explained that the information was supplied in the letter that was recently mailed to the residents; however, there would be additional means of disseminating this information, such as notices placed in the Red Feather Lakes Post Office, etc.

Mr. Zier reiterated that utilizing the elections process would be the best way to name those members to serve on the board.  He further stated that future Commissioners could "stack" the boards for their political agendas. 

Gene Barker, current board member of the Red Feather Lakes GID No. 13A, explained that he is a founding member of their GID.  Mr. Barker stated that they have always held open meetings and have been able to accomplish a lot with meager funds.  He stated that it should be a local choice regarding who should serve on the board. 

Ms. Iverson stated that she pays taxes and wants the County more involved, as the County is the custodian of tax dollars.   Ms. Iverson stated she wants control in the district and wants the guidelines to be followed.

There was no further public comment.

Commissioner Rennels stated that the ultimate goal is to streamline the process throughout all the districts, and recommended that the appointment process needs to be given a chance.  Chair Gibson asked why staff was recommending the changes if some of the districts are already utilizing local elections as their process to establish board members.  Mr. Peterson explained that the County Attorney's Office recommend that since the district boards are advisory in nature, then appointing the board members would better conform with state statutes. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the bylaws for the Red Feather Lakes GID No. 13A.

Motion carried 3-0.

 

The hearing adjourned at 7:45 p.m.

    __________________________________________

                        GLENN W. GIBSON, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

___________________________________

Angela Myers, Deputy Clerk 

 

___________________________________

Gael M. Cookman, Deputy Clerk