> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/06/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 6, 2009

 

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 1:40 p.m. with Larry Timm, Planning Director. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Russ Legg, and Matt Lafferty, Planning Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

                                                           

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session 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.

 

The executive session ended at 2:20 p.m. with no action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Jeff Goodell, Charlie Johnson, and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Chad Gray, Rob Helmick, Candace Phippen, and Sean Wheeler, Planning Department; George Hass, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing 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 Rennels explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         BURR MINOR SPECIAL REVIEW, FILE #09-Z1733:   This is a request for approval of a Minor Special Review to allow an Accessory Dwelling Unit (cabin) on a 37.93-acre property situated on Lory Lane just outside of the Estes Park Planning Area. The property is zoned RE1-Rural Estate.

 

The property has an existing residence, cabin, barn and outbuildings. The purpose of this Minor Special Review is to allow the owners to use the property as it has functioned historically and to bring it into compliance with the Larimer County Land Use Code. Recent and present land uses on the site include a single-family residence and boarding for three horses. The cabin on the property was, and will continue to be, used solely for guests of the occupants of the house or for those providing a service on the site in exchange for their residency. The applicant has insisted the cabin will not be rented or leased separately from the house. 

 

This application was originally heard by the Board of County Commissioners on May 11, 2009. At that hearing, the applicants wished to table this matter to allow time to work out some conditions of approval with the property owners who do not live in Colorado.

 

In response to that request, a conference call was held with the applicants and owners on May 19th, 2009. County staff researched a few items and responded to the applicants and owners on May 21st, June 5th, June 10th, and June 16, 2009.

 

The applicants and staff now agree on the conditions of approval. The permit process outlined herein is the standard process afforded to all building permit applicants and is included in this discussion because the buildings in question already exist. The Board cannot change the deadlines or steps outlined for the building permit process, and the building permit processes and timelines can only be amended by the Chief Building Official or the Building Board of Appeals.

 

Staff recommends approval the Burr Minor Special Review; file #09-Z1733, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Burr Minor Special Review, file #09-Z1733, 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 Burr 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 fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The 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.         Per Section 4.3.10.F.2 of the Larimer County Land Use Code, the habitable space of the existing accessory living area shall not exceed to forty-percent (40%) of the square footage in the single-family dwelling or 800-square-feet, whichever is less.

 

A.        The single-family character of the property must be maintained. The entrance(s) to the accessory living area must not be visible from any road.

 

B.        The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

C.        The accessory living area must not be rented or leased separately from the single-family dwelling.

 

5.         The owner is responsible for obtaining all required building permits for the existing cabin and the 1600-square-foot addition to the main residence. All applicable fees, including building permit fees and Transportation Capital Expansion Fees, shall apply to the permits. 

 

6.         By June 30, 2009, a Larimer County building inspector shall perform an on-site inspection for both the existing 1600-square-foot addition to the main residence as well as the cabin. Imminent life-safety issues must be corrected as soon as possible for the addition.  If the cabin remains vacant, correction of imminent life-safety issues may be deferred until September 30, 2009.

 

7.         By September 6th, 2009, the owner shall apply for building permits for the 1600-square-foot addition to the original 588-square-foot residence and for the 720-square-foot cabin. Permit application forms, together with written evaluations from a structural engineer, Colorado licensed master electrician and Colorado licensed master plumber, as well as floor layout plans and plot plans, will be required. For the second dwelling unit, the cabin, plan check fees will be payable at the time the permit application is submitted. For the addition to the main residence plan check fees will be deferred until final inspection approvals are obtained.

 

8.         On or before March 4th, 2010, the owners must pick up (have issued) the building permit for the cabin. The cabin permit must be issued at this time and no extension will be granted. Final building permit fees (except TCEF fees) must be paid at this time. TCEF fees will be deferred until such time as final inspection approvals are obtained; however, once final inspection approvals are obtained, TCEF fees must be paid in order to have a certificate of occupancy or letter of completion issued. 

 

A.        March 4, 2010, will also be the deadline to pick up (have issued) the building permit for the addition to the main residence unless a six-month extension is approved by the Building Official pursuant to the building code adopted by Larimer County. Final building permit fees will be deferred until such time as final inspection approvals are obtained. 

 

9.         Building permits are active for 18-months. All corrections noted on plans by inspector, engineer, plumber, and electrician (except imminent life-safety issues, if any), must be completed within 18-months from the date the permits are issued.

 

12.       September 4, 2011, is the deadline for obtaining final inspection approvals for the cabin and the addition, except if the Building Official grants a six-month extension for the building permit for the addition to be issued, this date is extended for six months for the addition only.

 

11.       Prior to issuance of a building permit for the main residence, the owner shall have an inspection of the existing septic system serving the primary residence conducted by the Larimer County Department of Health & Environment. Following said inspection, the owners shall take any necessary steps following that inspection to bring the septic system into compliance with the County’s Individual Sewage Disposal Systems Regulation. 

 

12.       Prior to issuance of a building permit for the cabin, the privies on the property shall be properly abandoned, and a new septic system shall be designed and installed to serve the accessory cabin. A permit to install that system shall be obtained from the Larimer County Department of Health and Environment prior to installation. Final inspection of the new septic system for the cabin shall include that the privy for the cabin has been properly abandoned.

 

13.       This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.         COUNTY ROAD 80C RIGHT-OF-WAY VACATION:   This is a request for vacation of a portion of unnecessary right-of-way along County Road 80C. The county realigned County Road 80C in the late 1990’s and at the time of the project, the intention was to vacate the old alignment that was no longer necessary as a county road. The vacation of the right of way did not occur; therefore, the adjoining property owners have requested that the vacation be completed as originally intended by Larimer County Engineering.

 

Staff recommends approval of the vacation of a portion of the old alignment of County Road 80 C, within Section 19, Township 10N, and Range 70W with a utility easement remaining in place.

 

3.         MIDORI PLANNED LAND DIVISION / PLANNED DEVELOPMENT PRELIMINARY PLAT, FILE #08-S282:   This is a request for consideration of a preliminary plat request to subdivide a 4.99-acre site into 11 lots for single-family residential uses as a Planned Land Division, and; a request to rezone a property from FA-Farming to PD-Planned Development.

 

Staff recommends approval of the Midori Planned Development, file #08-S2820, subject to the following conditions:

 

1.         The Final Plat shall be consistent with the approved Preliminary Plan and with the information contained in the Midori Planned Land Division and Planned Development, file #08-S2820, 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 Midori Planned Land Division and Planned Development, file #08-S2820.

 

2.         The following fees shall be collected at building permit issuance for new single-family dwellings:  Poudre School District Fee, Larimer County fees for County and Regional Transportation Capital Expansion and the Community and Regional Park Fees (in lieu of dedication). The fee amount that is current at the time of building permit application shall apply. The County Engineering Department Development Construction Permit Fee and Access Permit Fee also apply.

 

3.         The development shall connect to the public water system to be designed and constructed to supply a minimum fire flow of 1,000-gallons-per-minute and a minimum pressure of 20-pounds-per-square-inch. In addition, the development must provide fire hydrants no more than 1,000-feet from each occupied structure.

 

4.         All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3-feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.         Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a certificate of occupancy, shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30-days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.         Prior to recordation of the Final Development Agreement and Final Plat, the developer shall provide a signed Agreement to Annex for review and approval by the Larimer County Attorney, to be recorded with the Final Plat and the Development Agreement.

 

7.         The historic residence on Lot 11 is subject to the uses described in the PD-Planned Development rezoning, including use as a professional office.

 

 

4.         MCDONOUGH WIND FACILITY MINOR SPECIAL REVIEW, FILE #09-G0169:   This is a request for approval of a Minor Special Review to allow a Small Wind Energy Facility, comprised of 3 wind generators, to create electricity for personal use and return to the power grid. The generators will have a hub height of 60-feet and one generator will be 72-feet from the property line, less than the required 120-feet. The property is on the Larimer/Weld County line, east of Johnstown, and south of E. Highway 34, in the FA-Farming zone district.

 

At a neighborhood meeting regarding the wind facility, neighbors indicated a curiosity about wind power and any potential issues with the turbine; however, no objections came as a result of the meeting. 

 

Staff recommends approval of the McDonough Wind Facility Minor Special Review, file #09-Z1737, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the McDonough Wind Facility Minor Special Review, file #09-Z1737, 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 McDonough Wind Facility 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 fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the 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 the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The 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.         The owner is responsible for obtaining all required building permits for the small wind energy facility. All applicable fees, including permit fees shall apply to this use. 

 

5.         This minor special review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda, as published above, for June 6, 2009.

 

Motion carried 3-0.

 

5.         GLEN HAVEN LOTS 27 & 47, BLOCK 6, LEGAL LOT APPEAL, FILE #09-G0169:   This is a request for an appeal to the subdivision process regulations based upon a past violation of these regulations. Specifically, the applicant would like two lots in Glen Haven to be formally recognized as four legal lots.

 

This issue first came to staff’s attention in September 2008, at which time, the applicant, submitted a Sketch Plan review for land that he owns in Glen Haven. During the review, it was determined by the Planning Staff that the parcel on which he proposed the Special Exception was not a “legal” lot.

 

In 2002 the applicant, Mr. Crone, purchased two “lots” from then owner, Jennie Batchelor; however, the two “lots” were actually the eastern portion of two larger lots created when planning began for the Post Office. In 1991, when the amended plat was finalized, Lots 47 and 27 were platted in such a way as they crossed the road and fronted on to West Creek.  The “lots” purchased by Mr. Crone are only the portions of the two lots on the west side of County Road 43, the remainder of the lots (the portions located on the east side of County Road 43) were sold by Ms. Batchelor to the Jokinens.

 

Compounding this issue is the fact that Ms. Batchelor has passed away and the Jokinens are not interested in participating in a revised amended plat to create a legal lot from the parcels in their ownership. Because the Jokinens are not willing to cooperate, the only options available to Mr. Crone is to formally subdivide the two lots into four or appeal to the Board of County Commissioners. The applicant believes the subdivision process to be expensive and time consuming, and unnecessary, given the pattern of development and the character of the area.

 

The lots in question are zoned a mix of O-Open and T-Tourist and do not meet the minimum lot area requirement.

 

Staff recommends denial of the Glen Haven Lots 27 & 47, Block 6, Legal Lot Appeal, file #09-G0169. Staff believes the appropriate process for this property would be a two lot subdivision, which would resolve the problems and leave the Jokinens to resolve the lot question of their land in the future.

 

Chair Rennels opened the hearing to public comment and the applicant, Franklin Crone, addressed the Board. Mr. Crone stated that the county’s placement of County Road 43 destroyed the intended use of the two lots; therefore, the county should be required to legally subdivide the east and west portions of the lots (utilizing the site review process), to create four legal lots.

 

Commissioner Johnson asked staff if Mr. Crone’s property was large enough to develop and Mr. Helmick answered yes.  

 

Chair Rennels voiced her concern regarding potential legal troubles if the Board were to subdivide the lots via site review instead of the proper subdivision process. Commissioners Donnelly and Johnson agreed that many potential legal concerns surround Mr. Crone’s request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Glen Haven Lots 27 & 47, Block 6, Legal Lot Appeal, file #09-G0169.

 

Motion carried 3-0.

 

6.         NICOLE COLLINS CODE COMPLIANCE:   This is a request for an extension on the amount of time granted to bring a property into compliance with the Larimer County Land Use Code.

 

On January 5, 2009, the Board of County Commissioners denied a Special Review application for a riding academy and horse boarding facility brought forth by Nicole Collins and found the applicant to be in violation of the Larimer County Land Use Code. The Board granted Ms. Collins until the end of June 2009 to vacate the illegal business use and bring the property into compliance.

 

On June 8, 2009, staff received a verbal request from Ms. Collins for an extension on the June 2009 deadline. The County Attorney advised staff that Ms. Collins could submit an extension request in writing and present the request at a public hearing. Then, the Board would be able to make a decision to approve or deny the request.

 

Commissioner Johnson asked staff whether Ms. Collins has agreed to the June 30, 2009, would be ample time to become compliant. Mr. Gray answered yes.

 

Chair Rennels opened the hearing to public comment and the applicant, Ms. Collins, addressed the Board. Ms. Collins stated that since the Board’s ruling in January, she has not been able to find employment elsewhere nor was she able to find an alternative location to conduct her business. She explained that since the business is her only source of income, closing it would cause a financial hardship.

 

Ms. Collins also admitted that approval of her extension request would allow her to resubmit her application for Special Review once the county’s equestrian facility land use code amendments are completed. Ms. Collins believes the proposed changes would allow her business to remain in operation operate within the O-Open zoning district.

 

Chair Rennels questioned Ms. Collins about the apparent expansion of her business and pointed to the riding lessons, camps, and boarding opportunities advertised on the business’ website.

 

Ms. Collins stated that these classes were not abnormal for her business and she did not consider them an extension.

 

Chair Rennels then asked Ms. Collins if she had attempted to find new locations for the horses she currently boards. Ms. Collins answered that she had not.

 

Ron Lonneman, Merlue Davies, and Sally Doyle requested the Board refuse Ms. Collin’s request for an extension citing Ms. Collin’s knowledge of her illegal business and the amount of time already granted by the Board for the removal of the business.

 

Dennis Ralph, the applicant’s father, addressed the Board in support of Ms. Collin’s request.

 

Ms. Collins’ readdressed the Board and stated it was not fair that other local equestrian facilities like hers are allowed to continue operations until the amendments to the land use code take effect.

 

Mr. Gray stated that this was not the case and the county had not received any complaints about other equestrian facilities in the recent past.

 

Chair Rennels closed public comment and stated that although the county is seeking to amend the current land use code regarding equestrian facilities, the Board must enforce the code that is in place at the time of hearing.

 

Commissioner Johnson recognized the hardship of relocating a business such as Ms. Collins’ but stated that because it was an illegal operation from its conception, the hardship was self-imposed; therefore, he was not in favor of granting an extension and wished to have Ms. Collins’ business vacated immediately.

 

Chair Rennels stated she was also not in favor of granting an extension but would like to grant Ms. Collins 30-days to vacate her business and Commissioner Donnelly agreed.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny Ms. Collins’ request for an extension of the time allowed to vacate her business and become compliant with the Larimer County Land Use Code and find that Ms. Collins is currently out of compliance and must vacate the business immediately.

 

Motion failed 1-2, Chair Rennels and Commissioner Donnelly dissenting.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny Ms. Collins’ request for an extension of the time allowed to vacate her business and become compliant with the Larimer County Land Use Code and find that Ms. Collins must vacate her business within 30-days of this hearing.

 

Motion carried 2-1, Commissioner Johnson dissenting.

 

There being no further business, the hearing adjourned at 4:45 p.m.

 

 

 

TUESDAY, JULY 7, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:30 a.m. with Acting County Manager, Larry Timm.  Chair Rennels presided and Commissioners Johnson and Donnelly were present.  Also present were Donna Hart, and Deni LaRue, Commissioners’ Office; Jay Hardy, General Manager of Centerra, Rob Helmick, Planning Department, Kathryn Rowe, Purchasing Department;  Dale Miller, and Drew Davis, Road and Bridge Department; Water Attorney, Brent Bartlett; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

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

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 29, 2009:  Approval of the minutes was postponed until July 14, 2009.

 

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 13, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following items, as presented on the Consent Agenda for July 7, 2009:

 

07072009A001           RURAL LARIMER COUNTY TRANSIT SERVICE (LOVELAND) AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

 

07072009A002           CONSTRUCTION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING COMPANY, INC

 

07072009R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

07072009R002           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN CARSTENS 2ND MRD LOT 1 AND FEE APPEAL

 

07072009R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 2B AND 3B IN CARLE SUBDIVISION

 

07072009R004           RESOLUTION PROVIDING FOR THE APPOINTMENT OF THE INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

 

MISCELLANEOUS:           Amended Plat of Lot 1, Carstens 2nd Minor Residential Development and Tract B of the Jim Crouch Boundary Line

 

LIQUOR LICENSES:  Cowboy Joe Club, Inc. – Special Event 6% – Red Feather Lakes; and Colorado State University Foundation, Ram’s Club – Special Event 6% – Red Feather Lakes

 

Motion carried 3-0.

 

5.  UPDATE ON MCWHINNEY PROJECTS:  Mr. Hardy provided a 10-minute PowerPoint presentation on multiple upcoming projects, which included roadwork and safety improvements at the Harmony Road and I-25 Interchange, along with associated costs and anticipated completion dates.

 

6.   BOARDS AND COMMISSIONS APPOINTMENTS:  Ms. LaRue presented the following appointments and reappointments for approval:

 

Board of Adjustment:  Peter Bohling, Alan Cram, and Jeffrey Schneider, appointed for a 3-year period, beginning July 07, 2009, and expiring June 30, 2012.

 

Citizen Review Panel:  Nancy Kain, Cathy Lund, Dushan (Duke) Sumonia, all reappointed for a 3-year term, beginning July 07, 2009, and expiring June 30, 2012.

 

Extension Advisory Committee:   Mel Hilgenberg, and Sonia Koetting appointed 3-year term beginning July 07, 2009, and expiring June 30, 2012.  Marsha Dooley, and Pam Harrold, reappointed for a 3-year term beginning July 07, 2009, and expiring June 30, 2012.

 

Office on Aging Advisory Council:   Peggy Bowers, Valerie DiBenedetto, Carolyn Funk, Howard Hay, Bill Prather, and Kristina Seth, appointed for a 3-year term beginning July 07, 2009, and expiring June 30, 2012.  Marcy Greenslit, Ellen Philstrom, and Stan Ulrich, reappointed for a 3-year term July 07, 2009, and expiring June 30, 2012.

 

Open Lands Advisory Board:  Patricia Brennan, Peter Kast, and Steve Vessey, appointed for a 3-year term beginning July 07, 2009, and expiring June 30, 2012.

 

Parks Advisory Board:  Vickie Traxler, appointed for a 3-year term beginning July 07, 2009, and expiring June 30, 2012.  Frank Gillespie, Barry Lewis, and Forrest Orswell, appointed for a 3-year term beginning July 07, 2009, and expiring June 30, 2012.

 

Planning Commission:  Andrew Boucher appointed for a 3-year term beginning July 07, 2009, and expiring June 30, 2012.  Mina Cox, and Gerald Hart, reappointed for a 3-year term beginning July 07, 2009, and expiring June 30, 2012.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appointments to Boards and Commissions as outlined above.

 

Motion carried 3-0.

 

7.  FINAL PLAT FOR PHASE ONE OF THE CARSTENS BACKBONE VIEW SUBDIVISION:   Mr. Helmick presented the final plat and development agreement for the Carstens’ Backbone View Subdivision and requested approval on the same.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the final plat and development agreement for the Carstens’ Backbone View Subdivision.

 

Motion carried 3-0.

 

07072009A003          DEVELOPMENT AGREEMENT FOR CARSTENS BACKBONE VIEW SUBDIVISION, PHASE 1, FILE #05-S2496, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GILBER AND RUTH CARSTENS

 

8.  WORKSESSION:  Ms. Rowe requested the Board approve a letter to members of Colorado’s Congressional Delegation to encourage the repeal of Section 511, as this portion of the law places an enormous burden on state and local governments, and is extremely detrimental to small businesses.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the letter of support urging the repeal of Section 511 of the Tax Increase Prevention and Reconciliation Act.

 

Motion carried 3-0.

 

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

 

10. LEGAL MATTERS: 

 

                                                           

M O T I O N

 

Commissioner Johnson 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, and the meeting adjourned at 11:00 a.m., with no further action taken.

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk