> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/28/08  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, APRIL 28, 2008

 

 

 

LAND USE HEARING

(#204)

 

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided, and Commissioner Eubanks was present.  Also present were: Rob Helmick, Samantha Mott, and Toby Stauffer, Planning Department; Karlin Goggin, Building Inspections; Traci Downs, and Matt Johnson, Engineering Department; Doug Ryan, Environmental Health Department; Cindy Clay, Clerk & Recorder's Office; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

Chair Gibson explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:   

 

1.  ERLICH PLANNED LAND DIVISION LOT 1 AND 2 AMENDED PLAT/EASEMENT VACATION, FILE #08-S2787:   This is a request to amend the plat of lots 1 & 2 of the Ehrlich PLD to eliminate/add notches remaining from the original platting of Prairie Trails PUD and the Ehrlich PLD, vacate any easements associated with the notches; vacate a utility easement on Lot1 and to adjust the building envelope on Lot 1.

 

This application submitted by both of the lot owners in the PLD is proposed to correct “errors” from the original platting of both Prairie Trails PUD and the Ehrlich PLD.  At the time of the platting of Prairie Trails PUD the access to the site was through an access easement.  This easement and the parcels adjacent were to have been incorporated by BLA or other process into the platting of the PUD.  Unfortunately the owners were not cooperative and the platting had to proceed without full resolution of the changes.  These current owners are now in a position to correct the errors, which is the plat and any remaining and underlying easements that may exist on those parcels.  Also as a part of this request the owners are requesting an unused Power line easement be vacated and the building envelop be modified on Lot 1 in response to the modified platting. 

Except for minor corrections that are needed noted by the Assessor, Engineering and Dale Greer no comments have been received that affect this request. 

This amended plat/easement vacation application meets the requirements of the Larimer County Land Use Code and is consistent with the approval criteria.  No agency or individual has noted a conflict or concern with the proposal.  There is one change regarding the building envelope on Lot 1; to move it to 25 feet off the property line, and this will be reflected on the plat. 

The Development Services Teams recommends Approval of the Amended Plat of Lots 1 & 2 of the Ehrlich Planned Land Division and Easement Vacation, File #08-S2787 and vacation of the utility easement on Lot 1, subject to the following condition(s) 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 10, 2008, 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 Dale Greer, Land Surveyor of the Larimer County Engineering Department.

3.   The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

4.   The building envelop on Lot 1 may be modified but must maintain a set back of 25 feet from the edge of Chuckwagon Drive, along the west lot line.  This must be reflected on the plat. 

 

2.  NIBBLELINK MINOR SPECIAL REVIEW, FILE #08-Z1680:   This is a request for approval of a Bed and Breakfast in an existing structure.  The property is 3.94 acres, north of Tarner Road, at the intersection of County Road 10E and old Highway 287/1st Street.

The property has two bedrooms and two bathrooms that will be used for the bed and breakfast. The owners will live on-site and operate the business. The maximum number of guests will be 4, with no more than 2 extra vehicles on the property at any time. The hours of operation will be flexible upon demand and the applicants do not expect the facility to be in use full-time.

The owners also have a massage therapy business in the existing structure. The massage therapy business is a home occupation use that is allowed by-right. There are approximately two clients a day, five days a week.

This request includes an appeal to Section 8.6.3.C.1 of the Land Use Code, requiring that off-road residential drives and parking areas be paved with asphalt or concrete.

During the course of review it was determined that this request requires the County to amend a condition of approval on the original plat for the property. The Swanson MRD, File # S-81-91, indicates that the 2 lots in the MRD can only be used for residential use. A request to amend the condition for Lot 1, the Nibbelink property, will be heard by the Board of County Commissioners on May 5th, 2008.

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County and referral agencies have stated that they have no objections to this proposal:

 

·  Larimer County Building Department

·  Colorado Department of Transportation

·  Addressing Review Section

·  Berthoud Fire Protection District

·  Department of Health and Environment

·  Code Compliance Section

 

The applicant will be required to complete a Bed and Breakfast Declaration Form to confirm the number of guests they will be accommodating. The applicant will also be required to complete a Home Occupation Certificate for the massage therapy business.

Comments received from the Engineering Department Development Review Team indicate several conditions of approval. Among those conditions will be an appeal to Section 8.6.3.C.1 of the Land Use Code.  During the course of review the Engineering Department found that the Bed & Breakfast use has less potential impact than the code anticipates. The applicant will be required to provide adequate information satisfying the conditions listed in the April 3, 2008, letter from Traci Downs prior to commencement of the Bed and Breakfast use. 

The Land Use Code classifies a Bed and Breakfast as an owner-occupied, single-family dwelling where short term lodging rooms and meals are provided to guests for a fee. Comments from referral agencies and staff review indicate that the proposed Bed and Breakfast will not change the character of the single-family dwelling or the surrounding area. The B & B will be owner occupied and traffic impacts should be similar to those of a single-family dwelling. It is the assessment of the Development Services Team that this request can meet the standards of the Land Use Code, provided the owner satisfies the recommended conditions of approval below.

The Development Service Team findings are as follows:

A.   The request is compatible with existing and allowed uses in the surrounding area and in harmony with the neighborhood.

B.   The use is located outside of a GMA district and there are no known conflicts with the County Master Plan.

C.   Provided the applicant complies with any conditions of approval and meets the standards found in Section 4.3.6.B of the Land Use Code, the proposed use will comply with all requirements of the Land Use Code and all applicable county, state and federal regulations.

D.   The proposed use will not adversely affect property values in the area.

 

The Development Services Team recommends that the Board of County Commissioners approve the Nibbelink Minor Special Review, File #08-Z1680 subject to the following conditions:

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Nibbelink Minor Special Review (File #08-Z1680).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Nibbelink Minor Special Review.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Minor 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 Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor 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 Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   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 Minor Special Review approval.

4.   Upon approval of the Minor Special Review the applicant shall submit a Home Occupation Certificate for the existing massage therapy business. The certificate shall be submitted on or before October 28, 2008.

5.   Prior to commencement of the Bed & Breakfast, the applicant shall submit a Bed & Breakfast Declaration form to the Planning Department. The declaration form shall be submitted on or before October 28, 2008.

6.   Prior to commencement of the Bed & Breakfast, the applicant shall be required to obtain a development construction permit from the Engineering Department and complete all required improvements listed in the April 3, 2008, letter from the Engineering Department Development Review Team. The development construction permit shall be obtained on or before October 28, 2008.

7.   This application is dependent upon the request and approval by the BCC to amend a condition on the Swanson MRD (File # S-81-91) that indicates all “lots are for residential use only.” The request to be heard by the BCC on May 5th, 2008 will include removing Lot 1 from that condition to allow the Bed & Breakfast. Upon approval of the request, this project can proceed with the above listed conditions.

 

 

M O T I O N

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

Motion carried 2-0.

 

3.  BRINKS COUNTY ROAD 21F ROAD NAME APPEAL, FILE #08-CAC0089:  This is a request by Ms. Rose Brinks who seeks to retain the existing address of 2405 N Overland Trail.  The properties involved in this appeal access from a county maintained county road – County Road 21F.

As part of the Road Naming and Site Addressing System, the county code provides in Section 10-175.(a)(4)a: the County Addressing Coordinator shall be responsible for assigning and modifying address numbers or road names.  The applicant seeks to retain addresses from N Overland Trail; however, the properties involved in this appeal take direct access from County Road 21F.  County Road 21F is a publicly dedicated road and is county maintained.  The properties do not have direct access from N Overland Trail and thus in accordance with the county code, the addresses should change to reflect the proper road name designation. 

The applicant seeks to retain N Overland Trail addresses on the basis of historical significance.  With that said, Section 10-175(b)(1)e also has a provision allowing the County to retain historically significant road names when considering the road naming hierarchy.  This pertains to county road designations that may have common alias road names that are found to be historically significant.  Examples are Bingham Hill Rd (W County Road 50E) and N Overland Trail (N County Road 21C).  The road name of N Overland Trail is used by the county road designation directly to the east and there should not be two Overland Trails in Larimer County.

Currently, the property owned by Ms. Brinks has an address of 2405 N Overland Trail.  Ms. Brinks seeks to retain this address, however, the direct access to her property is from the county maintained road, County Road 21F.  County Road 21F was created as part of the Overland bridge reconstruction project.  Engineering plans from this project are dated 1975 and completion was in 1976 per discussion with Dale Miller, Director of Road & Bridge for Larimer County.  County Road 21F is publicly dedicated right of way and county maintained.  Per the county code Section 10-175.(a)(4)a, there is a need and requirement of the code to correct the property addresses along this road to reflect the correct county road number designation.  Exhibit “A” depicts the area in reference to this address appeal.

Ms. Brinks seeks to appeal on the basis of historical significance.  Section 10-175 (b)(1)q provides the following:

The names of state and federal highways are assigned based on their state or federal highway number. If any given section of a road has multiple designations, e.g.: a state and a federal highway number or two federal highway numbers, the following hierarchy shall be used within the Larimer County addressing/road naming system:

1. Interstate (lowest interstate number takes precedence if more than one).

2. Federal highway number (lowest federal highway number takes precedence if more than one).

3. Forest service roads.

4. State highway number (lowest state highway number takes precedence if more than one)

5. County highway number.

6. The hierarchy in road naming shall supersede and take precedence over historically significant and/or alias road names.

 

Section 10-175 (b)(1)e provides for the following:

Road names may be based upon historical significance provided the road naming hierarchy requirements in subsection q. above are met. In order for a road name to be based on historical significance, it must represent clear significance to Larimer County and its history. Requests to add historically significant road names must be approved by the Board of County Commissioners (BOCC) following a public hearing.

Ms. Brinks seeks that her address, along with the Grant Family Trust at 2417 N Overland Trail be allowed to retain their existing addresses on the basis of the original N Overland Trail being on this route.  Staff attempted to contact the Grant Family Trust regarding their opinion on this appeal and no response was received.  Per an aerial photograph circa 1967 (Exhibit “B”), the old N Overland Trail and bridge traversed a path that ran past the original Herring and then Burns property which is now owned by the Brinks.  Bridge reconstruction was completed in 1976.

In a book provided by Ms. Brinks, “A Certain 160 Acres, Laporte, CO. From Provost to Brinks” maps depict the road alignment and bridge reconstruction.  (Exhibit “C” and “D”).  As noted in this book and through warranty deed research, it is important to note dates and that the Overland bridge reconstruction and re-routing of the road was completed prior to the Brinks obtaining ownership of this property.  During construction of the new bridge and re-routing of the road, Mabel Burns was the property owner of 2405 N Overland Trail.  According to warranty deeds, James Brinks acquired the property in October 1977.  The Overland Trail did not pass the Brinks’ property in 1977.

Although the original path of Overland Trail traversed past this 160 acres, the current route, the route to which has been established since 1976, is no longer on this road.  In fact, the county designated the road, to which the Brinks and Grants access from, as a publicly dedicated right of way and is officially named County Road 21F.  This road does not hold an alias road name and does not meet the intent of historical significance for road naming conventions.  After discussions with county staff and Ms. Brinks, the following proposals are presented for consideration by the Board:

a)   Create a new driveway direct from N Overland Trail running on the south side of the property.  This would allow retention of the road name; however, the number would need to change to obtain sequential numbering.

b)    Request to vacate maintenance of the county road.  If the maintenance is eliminated the county road designation is eliminated.  This would still be a public right of way, but not county maintained.  Maintenance would be the responsibility of the two owners.

c)   Seek a right of way vacation.  This eliminates the road as a publicly dedicated right of way and relinquishes the county road designation.  Property owners could retain existing addresses, however, maintaining of the road becomes the owners' responsibility.

 

From Ms. Brinks via email, these options were not pursued and they do not desire to relinquish county maintenance.  The sole request is to retain N Overland Trail addresses.

 

Staff findings are as follows:

·  LETA and the County have funded monies toward the rural addressing project to ensure a systematic addressing system is achieved.  Naming conventions must be in compliance with the enabling Resolution.

·  The Resolution states that the criteria for appeals is that the decisions of the County Addressing Coordinator shall be upheld by the Board of County Commissioners unless a preponderance of evidence that the decision herein is inconsistent with or does not promote the intent and purpose of the Resolution.  Since the existing address scheme does not adhere to the county road designation to which they access from, upholding this appeal would go against the Resolution.

·  A decision to uphold this appeal request would result in out of scope expenses for our consulting requiring additional funds being allocated to the project to make the changes.

·  The Resolution provides in Section 10-175 (a)(4)a to modify existing address numbers and road names where applicable.  Also, Section 10-176 (b)  states:  Larimer County shall balance the need to modify existing address numbers and/or road names for compliance with this article and postal standards with the desire to retain existing address numbers and/or road names where possible. Larimer County may initiate one or more of the following: the naming of an unnamed road, the modification of an existing road name, the assignment of an address number to an unaddressed structure or unit, or the modification of an existing address number. 

·  Staff finds the road is a publicly dedicated right of way; is county maintained; and of record as County Road 21F.

·  The purposes of the Site Addressing and Road Naming Resolution is to provide property owners, the general public, and Larimer County with an accurate and systematic means of identifying and locating property.  This includes the modification of address numbers on existing addresses and changing road names as part of administering the resolution and addressing standards when found to be inconsistent.  The county is working to establish a system of unique and consistent road names and address points while providing efficient public services and response.

·  By allowing this appeal and exempting this area or creating any area as an exception to the addressing system would be negating efforts to create a logical, systematic, and consistent addressing scheme in Larimer County.  Approval of such a request would create an exception to the intent of the enabling guidelines and promote further addressing anomalies which then demonstrates inconsistency and confusion.

·  The appellant has viable options to pursue regarding retention of an Overland Trail address by relocating the driveway or obtaining right of way vacation.  However, the applicant desires the County to change its addressing rules instead.

 

There are three viable options available: 

1)   Change the property location addresses to the County Road 21F designation.  The two addresses on this would retain the numbers and respectively be known as 2405 County Road 21F and 2417 County Road 21F, Laporte, Colorado 80535.  This keeps the road county maintained and consistent with the address system for Larimer County.

2)   Vacate the Right of Way to County Road 21F.  This would be a process that would have to be completed with County Engineering.  Dale Miller has agreed that Road & Bridge will cover the administrative fee associated with the right of way vacation, but not any survey or legal costs associated with this vacation.  Vacating the right of way would allow for both properties to retain their N Overland Trail addresses as this road segment would no longer be a county road and under the address guidelines would not require a road name (length & number of people served).  This option would place maintenance responsibility on both property owners.

3)   The two property owners could with Board approval, create a new road name for County Road 21F that becomes the official road name for addressing.  Much like Bingham Hill Rd and N Overland Trail, a new, non-duplicated, unique road name could be created and recognized in the addressing system.  This allows for retention of county maintenance.

 

In order to maintain integrity and consistency in the county addressing system, staff preference is option one (1): change the property location addresses to the County Road 21F designation.

Ms. Goggin explained the request and the proposed options as outlined above. 

The applicant, Rose Brinks, stated that they have used the N Overland Trail address for 30 years, and until recently, they had no clue that there was a County Road 21F designation.  Ms. Brinks displayed photos of the history of N Overland Trial, noting that it used to travel through her property, until they straightened the road.  Ms. Brinks stated that they wished to maintain the address for historical purposes, and noted that their property has recently been added to the National Registry of Historical Places.  Finally, Ms. Brinks presented a petition signed by individuals that understand and support the historical value of their property.

There was no public comment on this item.

Discussion then ensued regarding the options presented, and how the road is currently maintained.  Commissioner Eubanks noted that one option would be for Ms. Brinks to take on the maintenance of the county road, and he asked how much of a hardship this would be.  Ms. Brinks stated that they have pretty much maintained the road except for on a few occasions when the county did provide some assistance with maintenance. 

Ms. Goggin noted that there is another property owner that would be affected if the maintenance of the road was turned back to the property owners, and that there was a piece of Department of Wildlife property that would also be affected.   Ms. Haag stated that it is vital that the other property owner acknowledge how surrendering the road maintenance would affect them and possibly the value of their property.  The Commissioners’ agreed and also noted that the DOW would need to be informed of pending changes per this appeal.  All were in favor of tabling this item for further research and discussion with the affected parties.

 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners table this item until June 23, 2008, at 3:00 p.m. for further research and discussion with the affected parties.

Motion carried 3-0.

 

The hearing recessed at 3:40 p.m.

 

LAND USE HEARING

(#204)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner.  Commissioner Rennels was present, and Chair Gibson presided.  Also present were:  Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; Jeanine Haag, Assistant County Attorney; and Angela Myers, Deputy Clerk.

 

1. OBERMEYER HYDRO AMENDED SPECIAL EXCEPTION, FILE #06-Z1589:  Matt Lafferty addressed the Board and explained that the applicant, Henry Obermeyer, is requesting that the hearing be tabled until June 2nd at 6:30 p.m.  Mr. Lafferty shared a letter from the applicant stating this request on the basis that additional time is needed to determine the special conditions that staff will be requiring of this development. 

 

Chair Gibson invited the applicant to address the Board.  Henry Obermeyer approached the Board and confirmed his request for tabling.  Commissioner Rennels explained to all present that public comment would not be heard at this time, if the matter is to be tabled.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners table until June 2, 2008, at 6:30 p.m. the Obermeyer Hydro Amended Special Exception, File #06-Z1589.

 

Motion carried 2-0.

 

The meeting adjourned at 6:34 p.m.

 

 

TUESDAY, APRIL 29, 2008

 

ADMINISTRATIVE MATTERS

(#205)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided.  Commissioner Rennels and Commissioner Eubanks were present.  Also present were Donna Hart, Deni LaRue, and Gary Darling, Commissioners Office; Emily Dawson Peterson, Larimer Center for Mental Health; Major Jim Wacker and Sheila Davidson, Larimer County Sheriff’s Office; Jerry White, Engineering Department;  K-Lynn Cameron and Gary Buffington, Larimer County Natural Resources Department; Sean Wheeler, Planning Department; Kathy Snell, Health and Human Services Department; Doug Ryan, Department of Health; Jeannine Haag and Bill Ressue, County Attorneys; Gael Cookman and Cindy Clay, Deputy Clerks.

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEKS OF MARCH 31, 2008, APRIL 14, 2008, AND APRIL 21, 2008:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of March 31, 2008.

 

Motion carried 2-0; Commissioner Rennels abstained.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the weeks of April 14, 2008, and April 21, 2008.

 

Motion carried 2-0; Commissioner Eubanks abstained.

 

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 5, 2008:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Consent Agenda as published for April 29, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are recommended for approval:  Robert W. Crane; Gary C. and Diane L. Susmarski; Chad T. and Kari Hribar; Eye Center of Northern Colorado; Troy J. and Kristi Bohlender; Enterprise Rent A Car No 1229.

 

04292008A001           CONSTRUCTION CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, STATE OF COLORADO AND CONNELL RESOURCES, INC.

 

04292008A002           DEVELOPMENT AGREEMENT FOR LINDQUIST SUBDIVISION (FILE # 06-S2662) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND MARK AND JUDY LINDQUIST

 

04292008A003           2008 RURAL LARIMER COUNTY TRANSIT SERVICE (BERTHOUD) AGREEMENT BY AND BETWEEN THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

 

04292008R001           FINDINGS AND RESOLUTION APPROVING THE MARY’S LAKE ROAD BRIDGE FLOODPLAIN SPECIAL REVIEW

 

04292008R002           FINDINGS AND RESOLUTION APPROVING THE PETITION OF JAX FARM AND RANCH SPECIAL REVIEW

 

04292008R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 129 AND 130 OF CRYSTAL LAKES SUBDIVISION, 12TH FILING AND VACATION OF UTILITY EASEMENTS

 

04292008R004           RESOLUTION FOR STATUTORY RIGHTS FOR LINDQUIST SUBDIVISION (06-S2662)

 

MISCELLANEOUS:  1) Notice of Special Meeting to the Board of Directors of the Larimer County Centro Business Park Public Improvement District No. 38 State of Colorado.  2)  Lindquist Subdivision Final Plat

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Rainbow Plaza LLC – Tavern – Loveland.

 

Motion carried 3-0. 

 

 

5.   PROCLAMATION – MENTAL HEALTH MONTH, MAY 2008:  Emily Dawson Peterson, Development & Marketing Director for Larimer Center for Mental Health, requested the Commissioners approve May as Mental Health Month.  Ms. Peterson extended her gratitude and appreciation for all the help and support the Board has provided towards mental health in the community.  She provided statistics validating the existence of mental illnesses and the fact that help is available to all.  Her hope is to educate the citizens of Larimer County in the numerous avenues of help available for mental illness.  Commissioner Eubanks read the proclamation aloud.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners adopt the Proclamation declaring the month of May as Mental Health Month.

 

Motion carried 3-0.

 

6.    PROCLAMATION – LARIMER COUNTY DETENTION OFFICERS WEEK:  Major Jim Wacker requested that the Commissioners proclaim the week of May 4-10, 2008, as Larimer County Detention Officers Week.  He noted that this is an event that nationally honors the officers working in this field, as well as those who have lost their lives in the line of duty. Commissioner Rennels read the proclamation aloud.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners adopt the Proclamation

declaring May 4-10, 2008, as Larimer County Detention Officers Week.

 

Motion carried 3-0.

 

 

7.  ADDITION OF A SLIDING SCALE FEE FOR INDIGENT WORK RELEASE INMATES:  Major Wacker and Ms. Davidson presented a resolution to put in place a sliding scale fee for inmates in the Alternative Sentencing Unit (ASU or Work Release).  The current actual cost per day to house an inmate in the ASU ranges from $21 to $25 and the current charge to all inmates is a minimum of $14 per day.  The sliding scale would allow an inmate to pay in the range of $4 to $10, depending on their ability to pay.  Ms. Davidson explained they discovered that many inmates housing rights in ASU are being revoked due to the fact that it is harder for these people to pay the fees while trying to obtain a job.  The inability to obtain employment creates the inability to pay their required fees, and ultimately places them back in the Larimer County Detention Center, racking up a hefty bill.  The cost to house an inmate in LCDC is $104 per day.  If an inmate were charged a lesser daily fee in ASU, then it would be easier for them to repay their debt, which Ms. Davidson and Major Wacker believe is the true desire of most inmates. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve additional wording to the Resolution for Work Release allowing new fees of $4.00 to $10.00 to be charged in indigent cases.

 

Motion carried 3 – 0.

 

04292008R006           RESOLUTION PROVIDING FOR AN ADMINISTRATIVE FEE FOR A WORK RELEASE PROGRAM

 

8.  DONATION OF PARCEL IN DEVIL’S BACKBONE OPEN SPACE BY CROWDER FAMILY:  Mr. White presented a donation by the Crowder family in memory of their son, Russell, who died several years ago.  A commemorative plaque will be placed somewhere on the property designating this.  The property is approximately 12 acres and is between Highway 34 and the trailhead to Devil’s Backbone and is valued at about $100,000.  It also has a significant value from an interpretative, public, scenic and aesthetic, geological, palaeontological, and educational aspect.  This is the fee interest in the property, not a conservation easement meaning Larimer County would own the property.  Approval is subject to review and final approval of the County Approval of the title work.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution to accept the donation of Residual Lot C, Hidden Valley Estates RLUP.

 

Motion carried 3-0.

 

04292008R005           RESOLUTION TO ACCEPT A DONATION OF THE CROWDER PROPERTY        

 

9. MODULAR FACTORY-BULT NON-RESIDENTIAL HERMIT PARK OFFICE BUILDING AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO, AND CG CONSTRUCTION, INC:  Mr. Buffington asked for approval of a construction contract for construction of a new Modular Visitors Center in Hermit Park. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve and sign a construction contract for a Modular Visitors Center at Hermit Park.

 

Motion carried 3-0.

 

04292008A004           MODULAR FACTORY-BUILT NON-RESIDENTIAL HERMIT PARK OFFICE BUILDING AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND CG CONSTRUCTION, INC.

 

10. LARIMER COUNTY’S RESPONSE TO THE 2008 JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM COMPETITIVE GRANT ANNOUNCEMENT:  Mr. Darling and Ms. Snell indicated that they are applying for a Grant with the Bureau of Justice’s assistance to increase access for those with mental illness conditions in Larimer County by facilitating a collaboration of efforts between Larimer County Criminal Justice Department and the Larimer Center for Mental Health (co-applicant).  The grant award would be $250,000 for two years with a local match of $62,500.  The ultimate goal for use of these funds is to implement a standardized team for assessing the mental health requirements of citizens early on in order to give them the correct treatment and hook them up with the proper individuals in the community. This would allow for continuity of care once these citizens are transitioned back into the community.  The funds will pay for three therapists, one being a lead person, coordinating the assessments currently being done in the County.  Mr. Darling recognized Lisa Summers efforts on the grant and wished to express his appreciation.  Commissioner Gibson questioned how the program would be sustained after the two year period is up.  Mr. Darling explained that there would be a plan prior to the end of the grant presented to the Board of County Commissioners for their decision on how to proceed.  Commissioner Rennels requested to Mr. Gluckman that statistics be provided in the near future on where we were a year and a half ago versus how we are now in respect to keeping people out of jail through the County’s assessment and treatment efforts. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the submission of the response to the BJA’s 2008 Justice & Mental Health Collaboration Program competitive grant announcement.

 

Motion carried 3-0.

 

11. COUNTY MANAGER WORKSESSION:  Sean Wheeler, of the Planning Department, addressed the board and informed them of the possibility of citizen complaints regarding a potential upcoming Planning application.

 

Ms. LaRue and Mr. Ryan gave an update on the Larimer County Review Process of Draft Environmental Impact Statement (EIS) for the Northern Integrated Supply Project.   Ms. LaRue noted that a press release will be submitted today regarding the subject.  On Wednesday, April 30, 2008, the Army Corps of Engineers is expected to publish notice in the Federal Register that the draft EIS is available for review.  The public is invited to attend an informational meeting on Monday, May 5, 2008, in the Hearing Room on the 1st floor of the Larimer County Courthouse Offices Building at 200 W. Oak Street, where the Army Corps of Engineers will be making a presentation about the findings and conclusions of the draft EIS. 

 

12.  COMMISSIONER ACTIVITY REPORTS:  The Commissioners noted their attendance at events during the past week.  

 

13. LEGAL MATTERS: 

 

MO T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session for conferences with an attorney 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 at 11:00 a.m. and the following action was taken:

 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners schedule a supplemental hearing for the Warburg Conservation Development, in response to the ditch company letter dated April 18, 2008.

 

Motion carried 3-0.

 

 

There being no further business, the meeting recessed at 11:05 a.m.

 

 

ABATEMENT HEARING

(# 194)

 

The Board of County Commissioners reconvened 2:30 p.m. for Abatement Hearings.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Greg Daniels, Ann Sepulveda, Jodi Masters, Brooke Walser, and George Jones, Assessor’s Office; and Cindy Clay and Gael Cookman, Deputy Clerks.

 

 

ABATEMENT HEARING FOR JOELLA TURNER - PARCEL NUMBER 25313-19-013:  Mr. Daniels described the subject property as being unimproved land in Estes Park; he noted that utilities are not installed but are available.  Mr. Daniels then reviewed the comparables used to arrive at the indicated value of $153,100; and further noted that he has offered the petitioner a stipulated value of $146,069, based upon the water issues.  Commissioner Rennels asked if water was available and Mr. Daniels presented a handout which stated the water issue facts.  He noted that water is not available by tap to vacant lots; however, the property owner could drill a well or provide a water storage tank on-site, which is not unusual for mountain properties.  

 

Ms. Turner explained that the lack of water negatively affects the value of her property.  She stated that the property consists of granite rock and there is no well water available.   Ms. Turner stated that it is a barren lot and questioned how her property value could increase from $79,000 to $153,100.  Ms. Turner presented comparables that were closer to her property and similar in nature with steep grade and a granite rock base.

 

Mr. Daniels stated that the comparables Ms. Turner presented were not considered, as they are significantly steeper and have less building envelope space. 

 

Commissioner Rennels stated that the properties in Estes Park have increased, but did take into consideration the water issues; therefore, she recommended a decrease in value to $115,000.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners partially approve the Petition for Abatement and Refund of Taxes for Joella Turner, Parcel Number 25313-19-013, for tax year 2007 and adjust the value to $115,000.

Motion carried 2-0.

 

ABATEMENT HEARING FOR VERNON AND JESSIE HANSON - PARCEL NUMBER 94054-00-019:   Ms. Sepulveda explained the subject property as a two-story home on lake front property in Loveland.  She reviewed the comparables used to arrive at the value of $404,000, and further noted that the petitioner purchased the property for $494,000, so it is still undervalued and has been since the sale of the property.

 

Mr. Hanson stated that he looks at square footage, not two-story versus ranch style home.  He stated that his neighbor's property dropped from $556,000 to $393,000 when he petitioned to the Assessor’s Office.  Mr. Hanson also explained that the newer homes around his property are bigger and have more square footage, yet they are assessed at a lower value than his.  He stated that he wants all homes to be fair and equitable.

 

Ms. Sepulveda explained that for the most part, Mr. Hanson presented ranch style properties, which she cannot consider.  She noted that there has only been one sale of a two-story property and that is what she needs to use as comparables.  Ms. Sepulveda also noted that Mr. Hanson’s property is at the lower end of the two-story property values.

 

Both Chair Gibson and Commissioner Rennels agreed that the Hanson’s property was valued fairly at $404,000.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners deny the Petition for Abatement and Refund of Taxes for Vernon and Jessie Hanson, Parcel Number 94054-00-019, for tax year 2007 and support the Assessor’s value of $404,000.

Motion carried 2-0.

 

ABATEMENT HEARING FOR JAY AND REBECCA ELKINS - PARCEL NUMBER 17190-00-034:  Ms. Walser explained the subject property, noting that it is vacant land that backs to Roosevelt National Forest.  Ms. Walser reviewed the comparables used to arrive at the value of $96,000, noting that she had to branch out a bit to find appropriate comparables. 

 

Mr. Elkins stated that in his opinion, the Assessor's office applied a blanket value to all properties in the area, as he and his neighbors were all originally set at $119,000.  Mr. Elkins noted that his neighbors have lots double the size of his, and questioned how they could be valued the same.  Mr. Elkins also stated that his property is off of a forest service road, not a main county road, which negatively affects the value of his property.

 

Ms. Masters explained that the properties are all only allowed one building site, and that the size of the lot is not always as relevant as the property owner might think.  Ms. Masters noted that they used the low end of the market value; however, they do consider that his lot backs to a national forest, which is a premium feature for this piece of land.

 

Chair Gibson recommended reducing the value to $80,000, and Commissioner Rennels agreed.

 

 M O T I O N

Commissioner Rennels moved that the Board of County Commissioners partially approve the Petition for Abatement and Refund of Taxes for Jay and Rebecca Elkins, Parcel Number 17190-00-034, for tax year 2007 and reduce the value to $80,000.

Motion carried 2-0.

 

 

The hearing adjourned at 4:00 p.m., with no further action taken.

 

 

 

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

__________________________­­­­­­­­____________

Cynthia A. Clay, Deputy Clerk