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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, JUly 14, 2008

 

LAND USE HEARING

(#234)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Rob Helmick, Sean Wheeler, and Michael Whitley, Planning Department; Christie Coleman, Ed Woodward, and Eric Tracy, Engineering Department; Chad Gray, Code Enforcement; Doug Ryan, Environmental Health Department; Jennifer Stewart, 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. 

 

Mr. Wheeler requested that item number four, the Wilder-Nest Bed & Breakfast/Retreat Special Review and Appeal, be moved to the consent agenda, as Condition 2 - under B and C, has been met, and staff and the applicant are in agreement.  Chair Gibson then explained that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience: 

 

1.  OVERHOLT MINOR SPECIAL REVIEW AND APPEAL, FILE #08-Z1697:  This is a request for a Minor Special Review for a detached Accessory Living Area on approximately 4.94 acres. The request includes an appeal to increase the maximum limit of 800 square feet on attached Accessory Living Areas to 1000 square feet within an existing detached garage.

 

The applicants seek approval for a Minor Special Review to construct an Accessory Living Area in the upper level of an existing garage.  The subject property is located on  Lot 4 of the Highland Place Subdivision, further located at the north end of Livingston Lane off Turman Drive, approximately ¼ mile east of County Road #13 and south of Carpenter Road.  The lot is approximately 4.94 acres in size.  The request also includes an appeal to exceed the allowed maximum of 800 square feet for Accessory Living Areas, as the structure is complete and has 1000 square feet of space available for the use.  There would be no physical alteration to the structure visible from the outside if the use and appeal are approved.

 

The Land Use Code states that accessory uses are intended to allow property owners the full use of their property, while maintaining the integrity and character of the neighborhood.  To meet these goals, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property.  They must be located on the same lot with the principal use as well.  The Development Services Team concludes this request meets these standards, and supports the appeal to size restrictions in Section 4.3.10.F.1.d of the Land Use Code.  Finally, no other individuals or agencies contacted Staff with objections or concerns about this request.

 

The Development Services Team Findings are as follows:

 

1.   The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood.  The detached guest quarters for use by family or friends and with no change to the existing structure visible from the outside, nor can the space be rented to non-friends and family.

2.   The proposed use is consistent with the County Master Plan, as it will not change the character of the single family residential property nor is it expected to impact surrounding residents.

3.   Based on the application materials, there are no known or evident conflicts with the requirements of the Land Use Code.

4.   The proposed use is not anticipated to have any impacts on other property in the vicinity of the applicant’s residence.

5.   The recommendations of referral agencies have been considered as noted throughout this report.

6.   Approval of the appeal will not subvert the purpose of the standard or requirement, as the unfinished space exists and there is no public benefit to be derived by denial of the request.

7.   Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood.

8.   Approval of the appeal is the minimum action necessary.  The request to exceed the space requirement and allow 1000 square feet for the accessory living area will not need any subsequent approvals by the County, other than meeting building permit requirements for finishing the interior space. 

9.   Approval of the appeal will not result in increased costs to the general public.  Approval of the request will not result in any measurable cost to the general public.

10.   Approval of the appeal is consistent with the intent and purpose of the Code, as the applicants will use existing space for the additional square footage and there will be no change to the outward appearance of the structure.

 

The Development Services Team recommends Approval of the Overholt Minor Special Review and Appeal, subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Overholt Minor Special Review (File #08-Z1697), 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 Overholt 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 Special Review approval.

4.   The applicant shall obtain any outstanding building permits for residential additions and pay all applicable fees (including permit and the Transportation Capital Expansion Fee), no later than December 14, 2008.

5.   The habitable space of the current structure shall not exceed 1000 square feet.

6.   The applicant shall sign a Disclosure Notice no later than December 14, 2008, to advise potential lot buyers of the restrictions placed on the Accessory Dwelling Unit.

 

2.  CAMPION INDUSTRIAL PARK CONDOMINIUM MAP, FILE #07-S2759:  This is a request for approval of the Campion Industrial Park Condominium Map to create a total of 15 condominium units with common elements.

The subject condominium application proposes to create 15 condominium units from the existing buildings situated on the north side of County road 14, approximately ½ mile west of Highway 287.  The buildings on the subject property were historically used as a broom manufacturing facility, but for many years other uses have moved into the buildings, without County approvals, and now the majority of buildings are occupied by separate uses.  To resolve this issue the applicant has submitted a condominium plat to define ownership spaces in the buildings so that areas can be legally sold or leased.  Additionally, the property owners have defined common elements such as parking and landscape areas that will govern by an association overseeing the property management and use. The purpose for the subject request is to allow for separate ownership and use of the units within the existing buildings.

A condominium application requires the applicant to submit a condominium plat illustrating all the common elements such as parking and open areas, as well as the Condominium Declarations, disclosing the maintenance responsibility and use of property around and common to the condominium units.  These required items have been submitted to the Planning Department for review and processing.  The review of the submitted material reveals appropriate documentation of the common elements and adequately describes and assigns maintenance responsibility of the property.

Parking areas, landscape areas and the buildings for this development site are in place and are properly noted in the Condominium Declarations as common elements that are to be maintained by the property owner’s association.

The property being reviewed for this action is zoned I (industrial) and the uses on the property are consistent with this zone district.  Additionally access, parking and other similar site features already exist on the property and will not be changed or altered by this action.  All utilities serving this site are in place and functional.

The development of the subject site was reviewed and approved by the Development Services Team as a Site Plan application, and inspected for completion of the improvements outline in the site plan approval. To date all on-site and off-site improvements are complete.  Additionally, the Development Services Team has reviewed the Condominium Map application and finds that the submittal materials have been provided and address all concerns regarding the application.

           

Staff findings are as follows:

 

1.    The proposed Campion Industrial Park Condominium Map and declarations are in compliance with the Larimer County Master Plan and Land Use Code.

2.    The proposed Campion Industrial Park Condominium Map is compatible with the other development in the surrounding area.

3.    Approval of the Campion Industrial Park Condominium Map will not result in any significant impacts to the neighboring properties, the natural environment, or the provision of services and infrastructure.

4.    Property values in the surrounding area would not be adversely affected by the approval of the Campion Industrial Park Condominiums Map.

5.    Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Campion Industrial Park Condominium Association.

 

The Development Services Team recommends approval of the Campion Industrial Park Condominium Map with authorization for the Chairman to sign the plat when the conditions are met and the plat is presented for signature.

 

4.   WILDER-NEST BED & BREAKFAST/RETREAT SPECIAL REVIEW AND APPEAL, FILE #07-Z1638:   The applicant seeks Special Review approval to operate a Retreat at a single family residence on an 88-acre site in the Masonville area.  The Retreat will provide Equine Assisted Psycho Therapy and counseling services.  There is an existing single family home with five bedrooms that will provide lodging.  The applicant’s project description indicates that up to nine guests will be allowed to stay at the retreat at any one time to include both adults and children.  Individuals receiving therapy will be able to stay on site or come to the site and leave once the session is complete.  She would also like to offer accommodations to businesses or other small groups needing meeting space with overnight lodging as well.  The uses are not intended to overlap, as the equine therapy is expected to be conducted during the week, while workshops, etc. would be held over the weekends.  Other proposed uses include horse boarding that also requires Special Review approval.  The horse boarding service would be offered to retreat guests only.

 

The project materials indicate the applicant would also like approval to hold weddings with 25 or fewer people at the site from May through October.  The scheduling of wedding events would not be done at the same time as weekend retreats for small groups.   No on-site food preparation would be offered.  As a matter of process, the Land Use Code classifies wedding venues as requiring Special Exception approval vs. Special Review.  Both reviews are combined in this report, as most of the issues and comments are the same for each use.  Given its size the property should have sufficient space to accommodate parking needs for all of the proposed uses.  Access to the property is off of CR#25E onto a circular drive.  One other point of clarification is that the use must be approved as a Retreat vs. a Bed and Breakfast.  The reason is that a B&B requires the owner or an employee live on site, which is not what the applicant intends.  In this case the applicant lives a short distance north of the subject property.  Retreats also require there be a specific service or amenity provided on site such as the equine therapy or an office group conference space.  In addition, approval of a Retreat does not allow the applicant to rent any of the rooms to individual’s not seeking therapy or holding conferences, small group meeting, etc.  In other words, there must be a specific event happening on site for guests to stay there.

 

The provision of water for the different uses generated a considerable level of discussion between the applicant, Staff and State authorities.  The question of how the applicant will provide water for the uses has not been resolved at the writing of this report.  Normally the request would not be scheduled for a public hearing without this issue being addressed.

 

However, the applicant requested to be on the agenda as soon as possible and is anxious to move forward.  Staff has advised the applicant that business operations can not start until the water issues are resolved.  At a minimum, the unregistered domestic well on site must be converted to a Commercial Exempt Well Permit through the State Division of Water Resources.  That type of permit is needed to operate the Retreat.  In order to offer horse boarding as well, the applicant must get an Augmentation Plan approved through the State Water Court, as the limitations placed on the Commercial Exempt Well Permit will not allow for both livestock watering and the business use.  Overall, Staff supports the request.  If the Planning Commission is in favor of supporting approval as well, the applicant should begin the State process for converting the well permit.  Staff recommends that the applicant obtain the Commercial Exempt Well Permit before the Board of County Commissioners grants approval for the use, and asks the Planning Commission make a separate motion to support this requirement.

 

The applicant held the required neighborhood meeting on September 27, 2007.  Questions focused on the general uses proposed, impacts on surrounding properties, horse boarding, the difference between a Retreat and Bed & Breakfast.  Based on the neighborhood meeting minutes, it must be stressed that approval of the Special Review and / or the Special Exception uses do not include a Bed and Breakfast operation, only a Retreat.  If couples, parents and children or families, etc. are coming to the site it must be specifically for study or instruction offered on site (which includes therapy or small group meetings).  Also, those associated with wedding parties can also use the Retreat Dwelling.  Unless specifically granted, the approvals would not allow rental of rooms to individuals, families, spouses, etc. simply as a rural get away or vacation destination, because a Bed and Breakfast use would require the applicant or an employee live on site.  Horse boarding is also not allowed without a State Approved Water Augmentation plan. 

 

The Development Services Team supports conditional approval of the Wilder Nest Retreat Special Review and Wedding Venue Special Exception based on the following:

 

1.   Provided the applicant complies with the recommended conditions of approval, the proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood.

2.   Through the application of conditions of approval the proposed can be consistent with the goals of the County Master Plan.

3.   Based on the request described the proposed use will not result in a substantial adverse impact on property in the vicinity of the subject property, so long as the applicant can comply with the conditions of approval.

4.   The recommendations of referral agencies have been considered and applied as necessary in the recommended conditions of approval.

5.   This project can and will comply with all applicable requirements of this code, if the applicant complies with the conditions of approval.

 

A.  The Development Service Team supports a recommendation of approval of the appeal to Section 8.6.3 of the Land Use Code related to off-road non-residential paving requirements Wilder-Nest Retreat Special Review and Special Exception, file #07-Z1638, from the Planning Commission to the Board of County Commissioners.

 

B.  The Development Service Team supports a recommendation of approval of the Wilder-Nest Retreat Special Review, file #07-Z1638, from the Planning Commission to the Board of County Commissioners subject to the following conditions.

 

1.   All representations of the applicant shall be considered conditions of approval unless modified by other Conditions of Approval.

2.   Use of the Retreat facilities is limited to a total of 9 guests in the lodging, and guests coming to the site for the purpose of study or instruction for a fee related to include Equine Psychotherapy or small group meetings.  Lodging guests must be participating in on site study, instruction or any other approved purpose.

3.   The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Special Review.

4.   The applicant shall sign a Final Disclosure Notice for approval by the County to be recorded.  This notice will provide information to all lot owners of the conditions of approval associated with the approval of this Special Review.  Other items related to compliance with the Larimer County Land Use Code may also be included.

5.   Horse Boarding is not allowed until the applicant provides evidence of an approved Augmentation Plan issued by the State Water Court.  When such evidence is provided the applicant shall be approved to offer Horse Boarding without further review, but limited to  guests utilizing the Retreat under the stipulations provided for in Condition #3. 

 

C.  The Development Service Team supports a recommendation of approval for the Wilder-Nest Special Exception, file #07-Z1638, from the Planning Commission to the Board of County Commissioners subject to the following conditions:

1.         All representations of the applicant shall be considered conditions of approval unless modified by other Conditions of Approval.

2.         Use of the Wedding Venue is limited to a total of  9 guests in the lodging, and no more than 25 guests coming to the site for a wedding or reception.  Lodging guests must be associated with a wedding party or using the site for another approved purpose.

3.         The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Special Exception.

4.         The applicant shall sign a Final Disclosure Notice for approval by the County to be recorded.  This notice will provide information to all lot owners of the conditions of approval associated with the approval of this Special Exception.  Other items related to compliance with the Larimer County Land Use Code may also be included.

5.         Horse Boarding for wedding venue use is not allowed until the applicant provides evidence of an approved Augmentation Plan issued by the State Water Court.  When such evidence is provided the applicant shall be approved to offer Horse Boarding for the wedding venue without further review, but limited to guests utilizing the site for a wedding venue under the stipulations provided for in Condition #3.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda, as presented and amended above.

Motion carried 3-0.

 

 

3.  MOKLER ZONING VIOLATION, FILE #08-CC0011:  The property owners are in violation of the Larimer County Land Use Code by operating an RV storage without County approval. They are storing RVs in a FEMA designated floodway. The owner is also in violation of Section 10, Sign Code, of the Larimer County Land Use Code for placing a sign on the property without obtaining a sign permit.   This property is located on Mulberry just East of I-25 on the North side of the road. 

 

The RV storage started operating around 1995-96. Mr. Mokler came in to the Planning Department in 1995 to discuss opening an RV campground to be open from March through November. In 1996 Mr. Mokler came in again to discuss a review for a PUD for 3 lots to allow industrial zoning for storage buildings with RV storage and a lot for a residential zoning use. Although applications were submitted in 2000, they were not pursued.  The RVs being stored on this property are located in a FEMA designated floodway of the Boxelder flood plain. Two complaints have been received since the beginning of 2008. After the complaints were received, Mr. Mokler considered a possible application by has not pursued this to date.

 

Notice of this hearing was mailed via certified and regular mail to the owners.  Staff has talked with the owner of the property to advise what steps need to be taken to reach compliance with County regulations.  The owner has taken no further steps with the Larimer County Planning Department to resolve the outstanding violations to date. After speaking with the owner, Mr. Mokler asked for this hearing to be set up. See the Code Compliance events attached.

 

The RV storage has been operating for 11 plus years since their initial inquiry with the Planning Department. The RVs being stored on this property in the Boxelder Floodway pose a threat of floating away and obstructing the flow of water if a flood occurs which can cause more damage to all properties along the flood plain. This sends the message to neighboring property owners that the county cannot enforce its Land Use Code.  Also, the Larimer County Sign Code was enacted, in part, to avoid clutter and protect and maintain the visual appearance and property values in the County. 

 

Staff findings are as follows: 

 

                        1.  The property is zoned C-Commercial.

 

2.   Site Plan approval is necessary for this property.

 

3.   Commercial Signs require a sign permit.

 

4.   The property is in a FEMA floodway.

 

Staff Recommends that the Board of County Commissioners find that a violation does exist and require compliance with Larimer County Land Use Code within 30 days and authorize legal action if the deadline is not met.  The following items must be completed in order to reach compliance with the Larimer County Land Use Code:  Remove all outside storage of recreational vehicles and all other outside storage associated with the business within 30 days. The sign associated with this business must also be removed within 30 days.

 

Mr. Gray explained the violation as outlined above.  Property owner James Mokler addressed the Board and stated that the business has been in existence since 1991, and he acquired the property in 1995.  Mr. Mokler stated that they have approximately 100 tenants, and another 20 people on a waiting list.  He stated that there is a great need for RV storage in the area, but they have not added any tenants since they received the letter notifying them of the zoning violation.  Mr. Mokler presented photos of the site and stated that he would be happy to submit an application to address the outdoor storage; however, the bigger issue is that the property is located within the flood plain. 

 

Chair Gibson opened up the hearing for public comment and Greg Hager, Mike Biggerstaff, Jim Davis, Glenn Goff, and Barbara Trebarton all stated that they were in favor of the operations and that RV storage was necessary, although Ms. Trebarton recommended more fencing to screen the site should it continue to exist.

 

Much discussion ensued regarding the flood plain issue and how Mr. Mokler might address it with the Flood Review Board.  Mr. Mokler stated that he has learned more about flood plain remedies than he had ever hoped to, and the flood plain issue will not be resolved as there is no way to channel the amount of water they predict in the area.  He stated that it would not make any sense to spend all that money to keep this small business alive.

 

The Board understood and agreed with Mr. Mokler.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners find that a violation exists and authorize legal action if the owner does not come into compliance with the Land Use Code by:  1.   Removing all outside storage of  recreational vehicles and all other outside storage associated  with the business within 365 days; and 2.  Removing the sign within 30 days.  However, should some ability to mitigate the flood plain issues be discovered, then the Board would consider hearing this item again.

Motion carried 3-0.

 

5.  STEGNER PIT NIGHT HAUL AMENDMENT, FILE #08-Z1700:  This is a request by Aggregate Industries for temporary permission to load and haul from the site between the hours of 7 pm to 5 am to accommodate a CDOT contract.

 

The Stegner Pit was originally approved by the Board of County Commissioners in mid 1999 as a gravel pit.  One of the conditions of the approval was an average traffic count of 100 trips per day haul from the site 90% of the trips going north on Taft Hill Road to CR 54G.  It has hours of operation similar to most pits in this area.  The operator has also permitted the Timberline pit on the north side of the La Porte Community, however, operations at the Timberline pit cannot commence until the Stegner pit is completed.  The haul conditions on the Stegner pit have been modified previously for another temporary operation.  This occurred when the operator was awarded contracts for work on the dams at Horsetooth Reservoir.  This was also temporary and related to a specific contract. 

 

The operator has been awarded several contracts from CDOT to conduct construction/repair work on I-25, as referenced in their application materials.  Due to the nature of the contracts the applicant must do the work at night, from 8 pm to 5 am.  The applicant proposes to commence operation at the site at approximately 7 pm and haul from the site between the hours of 8 pm and 5 am.  This would entail 30-40 round trip hauls per night.  This will not change the original approval by adding traffic but will replace a portion of the total traffic approved for the site. 

 

A neighborhood meeting was held by the operator on June 30, 2008 and the initial comments from that meeting indicate that while there are some concerns regarding impacts, removing material which would facilitate completing the mining at this site is supported by the neighbors. 

 

The Development Services Team recommends Approval of the Stegner Pit night haul Amendment, File # 08-Z1700, subject to the following condition(s):

 

1.   All equipment operated in the pit shall be equipped with an operating white noise back up beeper system.  The systems shall be maintained and operating at all times. 

2.   The traffic pattern for load out operations shall be designed to insure that access, holding, load out and exiting will occur with a minimum of back ups and to avoid impacts to adjoining properties.  This may include the placement of berms or stockpiles.

3.   Any stationary lighting on the site shall be design to comply with the requirements of Section 8.15 of the Larimer County Land Use Code.  Specifically, avoiding light trespass.

4.   All operations shall comply with the requirements of the Larimer County Noise Ordinance.

5.   Air quality permits shall be maintained and on site dust suppression in the load out areas shall insure that dust emissions are minimized.

6.   This approval shall be only for the uses described and operated consistent with the representations of the operator/applicant in their letter of June 12, 2008, and as modified by these conditions of approval.  No further extension of this approval beyond the three contracts noted in the application materials shall be allowed. 

7.   Traffic from the Stegner Pit shall remain compliant with the original approvals.

8.   All other conditions of approval for the Stegner Pit file # 98-Z1281 shall remain in force and effect except as specifically modified by this approval.  

 

Mr. Helmick explained the application as outlined above, noting that the contract is anticipated to run through September 2008.  Mr. Helmick stated that the applicant held a neighborhood meeting, and there has been no opposition voiced by the surrounding neighbors.

 

Connie Davis and Mike Reffer explained that the CDOT contract is specific in that they want the project completed by September 2008; however, there is a shortage of material to make the asphalt, so that could cause a delay.   Ms.  Stewart asked if time extensions are addressed as part of the initial contract.   Ms. Davis confirmed that if a time extension is necessary, it would not require a new contract to be executed

 

There was no public comment on this item.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Stegner Pit night haul Amendment, File # 08-Z1700, subject to the condition(s) as outlined above.

 

Motion carried 3-0.

 

The hearing ended at 4:15 p.m., with no further action taken.

         

 

TUESDAY, July 15, 2008

 

ADMINISTRATIVE MATTERS

(#235)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman. Chair Gibson presided and Commissioners Eubanks Rennels were present. Also present were: Deni LaRue and Donna Hart, Commissioners’ Office; K-Lynn Cameron and Kerri Rollins, Open Lands Department; Andy Paratore, Information Technology Department; Mark Peterson, Martina Wilkinson and Kyle Arend, Engineering Department; Mark Engemoen, Public Works; Dale Miller, Road and Bridge Department; Melissa Lohry, Tamara Slusher, and Gael Cookman, Clerk and Recorder’s Office.

 

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

 

 

2.          APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 7, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of July 7, 2008.

 

Motion carried 3-0. 

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 21, 2008Ms. 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 following items as presented on the Consent Agenda for July 15, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are presented for approval:  Kenneth D. and Suzanne M. Phelps; John A. Musa; Enoch Silva; Vigdis K. Lyngholm.

 

07152008A001           EXPENDITURE AUTHORIZATION TO BE INCORPORATED INTO THE WORKFORCE DEVELOPMENT PROGRAMS GRANT AGREEMENT AS AN ATTACHMENT, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE STATE OF COLORADO, DEPARTMENT OF LARBOR AND EMPLOYMENT

 

07152008A002           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE STATE OF COLORADO AND DURAN EXCAVATING, INC.

 

07152008A003           WARRANTY MEMORANDUM FOR AUTUMN CREEK CONSERVATION DEVELOPMENT 2ND FILING 06-S2631 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BLUEBONNET INVESTMENTS, LLC, AND AUTUMN CREEK HOMEOWNER ASSOCIATION, INC.

 

07152008A004           COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT CHANGE LETTER BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE LOVELAND HOUSING DEVELOPMENT CORPORATION

 

07152008A005           ELECTION MATERIALS PRINTING CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISIONERS AND INTEGRATED VOTING SOLUTIONS, INC.

 

07152008R001           A RESOLUTION EXTENDING A CABLE TELEVISION AGREEMENT PURSUANT TO THE CABLE COMMUNICATIONS POLICY ACT OF 1984, THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACTO OF 1992 AND THE TELECOMMUNICATONS ACT OF 1996

 

07152008R002           Resolution Establishing Compensation for District Attorney Appointed Officials

 

07152008R003           Resolution Establishing Compensation for District Attorney Appointed Officials

 

07152008R004           Resolution Providing for the Appointment of Independent Referees to Conduct Hearings on Behalf of the Larimer County Board of Equalization

 

MISCELLANEOUS: Treasurer’s Six Month Report and Financial Policy and Procedure 320.20,  Travel and Employee Reimbursement.

 

LIQUOR LICENSES:           The following licenses were approved: Big Thompson Canyon Volunteer Fire Department – Special Event 6% – Drake; The following licenses were approved and issued: Christen Enterprises LLC, dba City Limit Liquor – Fort Collins.

 

Motion carried 3-0. 

 

 

5.    WHOLE MEASURES WORKSHOP:  Ms. Cameron and Ms. Rollins discussed their intention to contract with the Center for Whole Communities for a workshop to be held November 12 to 14, 2008. The workshop is intended to bring together 25 individuals from the City of Fort Collins, Larimer County, and Colorado State University to review how the Open Lands Program can position itself to encompass the Whole Communities philosophies, and reposition itself before potentially going back to voters in 2010 for a sales tax extension. Ms. Rollins requested $5,000 in funding from the Board of County Commissioners, to be used in partnership with contributions from the City of Fort Collins and Colorado State University, to cover the cost of the workshop estimated to total ranging from $14,000 to $15,000.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners contribute $5,000, from the Commissioner’s Special Projects Fund, in partnership with the City of Fort Collins and Colorado State University to contract with the Center for Whole Communities for a workshop on November 12, 2008 through November 14, 2008, and authorize Neil Gluckman, Assistant County Manager to sign the contract.

 

Motion carried 3-0.

 

 

6.    OWL CANYON CORRIDOR PROJECT UPDATE:  Mr. Peterson, Ms. Wilkinson, and Mr. Arend discussed their continued study of the best possible roadway segment to connect County Road 72 and County Road 70 and the desire to pave the chosen segment. They have narrowed their options to three possibilities and will continue to assess each of the three until they have reached a conclusion on the best possible route. The presentation was followed by a brief discussion pertaining to the cost of paving the roadway, when chosen, versus the cost of allowing the roads to remain as they are at present. There was no requested action attributed to this matter, the presentation was meant to be strictly informative.

 

7.         WEB CONTENT AND INTERNET USAGE POLICY:  Mr. Paratore resubmitted an updated version of the Web Content and Internet Usage Policy to the Board of Commissioners for approval. The only change to the previous version of the policy being that it will pertain only to “County funded externally facing websites” and not internal pages such as the bulletin board. In addressing a concern stemming from previous versions, Mr. Paratore assured the Board that all offices, divisions, and departments are able to utilize two way communications such as blogs. A brief discussion of whom should be entrusted with monitoring and enforcing the policy ensued at which point the commissioners agreed that the duty should be assigned to Deni LaRue, Community Information Officer.

 

M O T I O N

 

Commissioner Eubanks moved to approve the Web Content and Internet Usage Policy 340.3C.

 

Motion carried 3-0.

 

8.    APPOINTMENTS TO THE BOARDS AND COMMISSIONS:  Ms. LaRue presented the following recommendations for appointments to Boards and Commissions:

 

Larimer Integrated Family Enhancement Board:  Theresa Fogle appointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.  Stephanie Brown, , Vicki Grassman, Averil Strand, and Darci Votipka reappointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.

 

M O T I O N

 

Commissioner Rennels moved to approve the appointments and reappointments to the Larimer Integrated Family Enhancement Board, as outlined above.

 

Motion carried 3-0.

 

9.    COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

10.   LEGAL MATTERS:  There were no legal matters to discuss today. 

 

                                                           

There being no further business, the meeting adjourned at 10:45 a.m.

 

 

WEDNESDAY, JULY 16, 2008

 

 

ABATEMENT HEARING

(#236)

 

The Board of County Commissioners met at  2:00 p.m. for an Abatement Hearing.  Chair Gibson presided and Commissioner Rennels and Eubanks were present.  Also present were:  Davin Stephens, Assessor’s Office; Gloria Jean Roder, Petitioner; and Tamara Slusher, Melissa Lohry, and Gael Cookman, Deputy Clerks.

 

 

ABATEMENT HEARING FOR GLORIA JEAN RODER - PARCEL NUMBER 98180-00-048:  Mr. Stephens explained that this was a continuation of the Abatement Hearing for Gloria Jean Roder, as Ms. Roder had presented comparables at the last hearing, and the Board directed Mr. Stephens to work with Ms. Roder’s comparables.  Mr. Stephens stated that he had in fact only used Ms. Roder’s comparables, and also did not appraise the new large detached finished garage and storage space; therefore, he arrived at a recommended value of $281,000; instead of the value of the original proposed value of $302,000.

 

Ms. Roder explained that she tried to get a loan on the home five years ago, and the appraiser placed the value of the home at $150,000.   She explained that the homes and area are all very different and that there is no “structure” to the area. 

 

The Commissioners agreed that $281,000 was a fair value to place on the home, especially considering that the detached garage was not included in the value.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the Assessor’s recommendation for Parcel Number 98180-00-048, and set the value at $281,000.

Motion carried 3-0.

 

The hearing adjourned at 2:30 p.m.

 

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

 

 

 

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