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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 6, 2008

 

 

LAND USE HEARING

(#22)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioners Rennels was present.  Also present were:  Sean Wheeler and Toby Stauffer, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue, Assistant County Attorney; and Tamara Slusher, 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 that the items on today’s consent agenda would not be discussed unless requested by the Board, staff, or member of the audience. Mr. Wayne Gilbert, applicant and property owner in Crystal Lakes 12th Filing, requested that Item 1 be pulled for discussion.   The following items remained on consent:

 

2.         RAMONA HEIGHTS LOTS 9A, 9B, 11A AMENDED PLAT/EASEMENT VACATION, FILE #08-S2823:  This is a request to amend the plat of Ramona Heights Subdivision, Lots 9A, 9B of Block 12, and Lot 11A of Block 13, to consolidate three lots into one and vacate the 10-foot access and utility easements along the common lot lines of the north and east edge of Lots 9A and 9B.

 

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

 

§  Addressing Section

§  Code Compliance Section

§  Department of Health and Environment

§  Engineering Department Development Review Team

 

The comments submitted by the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

 

This proposed amendment will not adversely affect any neighboring properties or any County agency. The amended plat will not result in any additional lots, and this request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Ramona Heights Subdivision, Lots 9A, 9B of Block 12, and Lot 11A of Block 13, and the vacation of the 10-foot access and utility easements on the parcels (File #08-S2823); subject to the following condition, with authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by April 6, 2009, 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 the Land Surveyor of the Larimer County Engineering Department.

 

3.         RAMONA HEIGHTS LOTS 11A & B, 12A & B OF BLOCK 17; LOTS 11A & B OF BLOCK 18; LOTS 4A & B, 5A & B OF BLOCK 20A; LOTS 4A & B OF BLOCK 20B; AND LOTS 7, 8, 9 OF BLOCK 20C AMENDED PLAT/EASEMENT VACATION, FILE #08-S2824:  This is a request to amend the plat of Ramona Heights to consolidate 15 lots into one; vacate the 20-foot access easement between Lots 4A & B and 5A & B of Block 20A, and Lots 12A & B of Block 17; and vacate the platted right-of-way between Lots 4A & B of Block 20B, Lot 9 of Block 20C, and Lots 4A & B and 5A & B of Block 20A.

 

There have been no objections by surrounding neighbors regarding this proposal.  Additionally, the following Larimer County agencies have provided the following comments regarding this proposal:

 

§  Addressing Section - Defined access will need to be provided to the Addressing Section to assign an address to the lot.

§  Code Compliance Section - Upon recording of the Final Plat, the applicant should call Jim Musslewhite of the Larimer County Department of Health and Environment to obtain approval of a septic system under Building Permit 06-B0508.

§  Assessor’s Office - All lots and blocks will need to be included on the revised final plat in the title and dedication sections. Additionally spaces for all owners, including individuals and trust representatives should be provided on the final plat.

§  Engineering Department Development Review Team - If Nanataso Drive crosses the subject property, a road easement should be provided. Clarification of the location of Nanataso Drive should be provided to the Engineering and Planning Departments.

§  Land Surveyor of the Larimer County Engineering Department - Several corrections are required on the plat.

§  Department of Health and Environment - No additional comment.

 

The proposed plat amendment to Ramona Heights Subdivision, combining 15 properties into one and vacating an access easement and a section of ROW will not adversely affect any neighboring properties or any County agencies.  The Amended Plat will not result in any additional lots; and this request, with the conditions as listed below, meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Lots 11A & B, 12A & B of Block 17; Lots 11A & B of Block 18; Lots 4A & B, 5A & B of Block 20A; Lots 4A & B of Block 20B; and Lots 7, 8, 9 of Block 20C of Ramona Heights Subdivision and vacation of the 20-foot access easement and the platted right-of-way listed above (File #08-S2824); subject to the following conditions, with authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by April 6, 2009, 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 the Land Surveyor of the Larimer County Engineering Department.

 

3.   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections requested by the Larimer County Assessor’s Office.

 

4.   Prior to the recordation of the Final Plat, the applicant shall define access to the property and provide the information to the County Addressing Section.

 

5.   Prior to the recordation of the Final Plat, the owner shall call Jim Musselwhite at 970-498-6787, with the Larimer County Department of Health and Environment, to obtain approval of the septic system under Building Permit 06-B0508.

 

6.   Prior to the recordation of the Final Plat, the applicant shall show an easement on the plat for Nanataso Lane and provide clarification about the road and its location to the Larimer County Planning and Engineering Departments.

 

4.         FRONTIER EQUINE MINOR SPECIAL REVIEW WITHDRAWL APPROVAL, FILE #08-Z1677:  This is a request to withdraw the Minor Special Review Approval for a Mobile Equine Veterinary Clinic Home Base Operation to provide equine related care.

 

The applicants received approval for the Frontier Equine Minor Special Review on April 14, 2008.  They contacted staff to advise they were not purchasing the property and, thus, were no longer interested in completing the approval process with the improvements required for the use.  Staff contacted the property owner, and they also were not interested in making the improvements required for the use.  This is a formal request to withdraw the approval and to clear the record.  There are no items of concern for Staff.

 

Staff recommends that the Board of County Commissioners withdraw approval of the Frontier Equine Minor Special Review.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve Items 2 through 4, as outlined on the Consent Agenda for October 6, 2008.

 

Motion carried 2-0.

 

1.         CRYSTAL LAKES 12TH FILING LOT 31 EASEMENT VACATION, FILE #08-S2822:  This is a request to vacate a portion of a 20-foot utility easement along the north portion of the lot and the southern portion of the edge-of-the-road easement of Lot 31 in Crystal Lakes 12th filing.  The easement vacation will accommodate construction of a garage.

 

This application was forwarded to the appropriate departments and agencies for comment.  The responses from these groups indicate that there are no other issues of concern.

 

The Development Services Team recommends approval of the Crystal Lakes 12th Filing Lot 31 utility easement vacation, File # 08-S2822, a request to vacate a portion of a 20-foot utility easement along the north portion of the lot and the southern edge-of-the-road easement.

 

Ms. Stauffer addressed the Board and clarified that the applicant misunderstood and did not intend for this item to be pulled from the consent agenda.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve Item 1, as listed on the Consent Agenda for October 6, 2008.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 3:10 p.m.

 

 

TUESDAY, October 7, 2008

 

ADMINISTRATIVE MATTERS

(#23)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager, Frank Lancaster. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Adrienne LeBailly and Marie MacPherson, Health and Environment; Michael Kirk, Steve Moore, and Bill Therrien, Facilities and Information Technology; Russell Legg, Planning Department; Melissa Lohry, Clerk and Recorder Office; and Tamara Slusher, Deputy Clerk.

 

1.  PUBLIC COMMENT:  There was no public comment.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEKS OF SEPTEMBER 9 AND SEPTEMBER 22, 2008:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the weeks of September 9 and September 22, 2008.

 

Motion carried 3-0. 

 

3.  APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 3, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of October 3, 2008.

 

Motion carried 3-0.

 

4.  REVIEW OF THE SCHEDULE FOR THE WEEKS OF OCTOBER 13 AND OCTOBER 20, 2008Ms. Hart reviewed the upcoming schedule with the Board.

 

5.  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 October 7, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petition for Abatement is presented for approval:  Carol D. Herman Trust.

 

10072008A001           SUBGRANT TO THE WORKFORCE DEVELOPMENT PROGRAMS GRANT AGREEMENT AS AN ATTACHMENT, EXPENDITURE AUTHORIZATION FOR FISCARL YEAR 2007, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COLORADO DEPARTMENT OF LABOR & EMPLOYMENT, FRONT RANGE COMMUNITY COLLEGE, AND COLORADO STATE UNIVERSITY

 

10072008A002           ARCHITECT SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KENNEY & ASSOCIATES, INC. FOR 201 LAPORTE, PHASE 2 DESIGN SERVICES

 

10072008R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 2 AND 3 IN BROADVIEW SUBDIVISION

 

10072008R002           FINDINGS AND RESOLUTION APPROVING THE SUPPLEMENTAL MAP #3 OF ROCKY POINT CONDOMINIUMS

 

10072008R003           FINDINGS AND RESOLUTION APPROVING THE WEICKUM MINOR SPECIAL REVIEW

 

MISCELLANEOUS: Findings and Order Granting Applicant, Horsetooth Market, a Retail 3.2% Beer Liquor License;  Department of Human Services Payments for August 2008.

 

LIQUOR LICENSES:           The following permit was approved:  Wolverine Farm Publishing – Special Event 6% – Fort Collins.

 

Motion carried 3-0. 

 

6.  RESOLUTION RE-CREATING HEALTH DEPARTMENT AND BOARD OF HEALTH TO COMPLY WITH STATE LAW:  Ms. LeBailly approached the Board and requested approval of the resolution to re-create the Health Department and the Board of Health in order to bring Larimer County into compliance with newly enacted state law.   

 

Ms. LeBailly explained that the new law does not have significant impact on the current operations of the Health Department; however, it does impose an obligation to devise a new public health improvement plan every five years.  This law was designed mainly to eliminate obsolete provisions in the current law, and to more closely align the public services offered by the Health Departments of both large and small counties throughout the state. Ms. LeBailly further explained that, under the new law, existing Health Departments are required to dissolve and recreate their current organizational structure, and to dissolve the Board of Health and reappoint its members.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution re-creating the Health Department and Board of Health, including the re-appointment of the current board members, to comply with new state law.

 

Motion carried 3-0. 

 

10072008R004           RESOLUTION ESTABLISHING THE LARIMER COUNTY PUBLIC HEALTH AGENCY

 

7.         BOARDS AND COMMISSIONS APPOINTMENTS:  Ms. LaRue presented the appointments to the Estes Park Local Marketing District: William K. Almond and Lee W. Lawson. The term lengths for these appointees are undetermined, pending the outcome of the November 4, 2008, General Election and creation of this district.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the recommended appointments to the Estes Park Local Marketing District.

 

Motion carried 3-0. 

 

8.  CUSTODIAL SERVICE AGREEMENT:  Mr. Kirk and Mr. Therrien addressed the Board in an effort to alleviate concerns raised by the Board and staff regarding the change of cleaning contractors for Larimer County.  Mr. Therrien explained that the new contractor was selected through the standard county process and was chosen because they outbid the county’s current contractor by $64,000 for a total cost of $358,000 per year.

 

The Board expressed concern, on behalf of staff, regarding precautions that will be taken to ensure the security of the county offices and the information contained therein.  Mr. Therrien described the methods used by the new contractor, Porter Industries, Inc., for employee screening; which includes criminal background checks, drug testing, random drug testing, and confidentiality agreements.  As an added security measure, all employees that are assigned to work in the Larimer County buildings are screened by the Sheriff’s Department. Mr. Kirk explained that each department will have the opportunity to check Porter Industries, Inc. employee names against their list of clients (i.e.: Human Services) to ensure that no one benefiting from a county program will have the opportunity to work in that department.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Custodial Service Agreement with Porter Industries, Inc. for custodial services in various Larimer County buildings on an annual basis.

 

Motion carried 3-0. 

 

10072008A003           CUSTODIAL SERVICES AGREEMENT BY AND BETWEEN LARIMER COUNTY AND PORTER INDUSTRIES, INC.

 

9.  APPLICATION FEES FOR 1041 REVIEW:  Mr. Legg explained that on October 20, 2008, the Board will consider adopting 1041 regulations for power plants, electrical transmission lines and substations. Mr. Legg further explained that many customers have already contacted the Planning Department with questions regarding what the application fees will be, should these regulations be enacted.

 

The Board expressed concern regarding the fee structure presented by Mr. Legg and requested that this item be tabled until further analysis and explanation can be provided.

 

10.  WORKSESSION: Mr. Lancaster addressed the Board and presented several topics for consideration.

The Board recognized Steve Moore, Larimer County Webmaster, for his work on the Virtual Courthouse website which received several awards; including two First Place awards in the Large Population Group from the National Association of Government Webmasters (NAGW); the Pinnacle Award presented by Web Professionals; and the Member’s Choice Award from the NAGW Members.  The Board presented Mr. Moore with a Certificate of Recognition for his hard work in designing and maintaining the Virtual Courthouse website.

 

Mr. Lancaster recognized Commissioner Rennels for being honored as a Friend of Extension by Epsilon Sigma Phi for her support of Extension programs.  Commissioner Rennels also commented that Pam Heeney, Laurel Kubin, and Kathy Wolfe of the Extension Office were also recognized and received awards as well.

 

Mr. Lancaster recognized Commissioner Eubanks for being named Wilderness Hero by the Campaign for American Wilderness.

 

Mr. Lancaster then addressed the Board regarding the upcoming election and the huge task being undertaken by the County and the Clerk’s office of filling all the positions necessary to run the election.  Mr. Lancaster informed the Board that he has asked the departments to provide a certain number of employees for up to three days, depending on the size of the department.  The goal is to supply a minimum of 150 employees to assist in working the election. Mr. Lancaster went on to request that the Commissioners’ Office be closed on Election Day so that all employees would be available to work the polls. The Board unanimously agreed with Mr. Lancaster’s request.

 

Mr. Lancaster called the Board’s attention to a request by United Way to encourage further employee participation in the upcoming fundraisers.  United Way would like to offer a day of leave time as a prize in their drawing for employees. The Board unanimously approved this request.

 

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

 

10.  LEGAL MATTERS:  Mr. Ressue requested that the Board go into Executive Session regarding legal advice and negotiations.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session for the purpose of conferencing with an attorney to receive legal advice on specific legal questions as outlined in 24-6-402 (4)(b) C.R.S., and for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402 (4)(e) C.R.S.

 

Motion carried 3-0. 

 

There being no further business, the meeting adjourned at 11:20 a.m.

 

 

 

 

 

                                                                       

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

 

                                                                       

Tamara L. Slusher, Deputy Clerk

 

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