Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 10/03/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, OCTOBER 3, 2011

 

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 9:00 a.m. for an abatement hearing. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Jennifer Pawleshyn, Assessor’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PETITION FOR ABATEMENT, BENTGRASS ONE LLC, PARCEL NUMBER 95291-10-007:   Ms. Pawleshyn reviewed the comparable sales, within the statutory timeframe of July 1, 2003, to June 30, 2008, used to arrive at the assessed value of $263,800.

 

Vicki New and Brian New, property owners, addressed the Board and stated that they purchased the property for $200,000 in 2010; therefore, they expected the assessed value of their home to be set at $200,000.

 

The Board explained the statutory timeframe used to assess taxes and much discussion ensued.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners uphold the Assessor’s value of $263,800, for parcel 95291-10-007, for the 2009-2010 tax years.

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 9:30 a.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Doug Ryan, Environmental Health Department; Charlie Johnson, Traci Shambo, and Eric Tracy, Engineering Department; Rob Helmick and Toby Stauffer, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly 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 Donnelly explained that staff and the applicants were in agreement for all of the items on today’s agenda; therefore, the items would not be discussed unless requested by the Board or members of the audience. Gary Canfield, resident of Cedar Cove Subdivision, requested the Board remove the 2nd item, “Cedar Cove Right-of-Way Vacation, file #11-S3060,” from the consent agenda for discussion.

 

Chair Donnelly removed the requested item and revised the consent agenda to include only items 1 and 3, as follows:

 

1.         CEDAR SPRINGS 1ST FILING LOTS 4 & 5, BLOCK 2, AMENDED PLAT / EASEMENT VACATION, FILE #11-S3061:   This is a request to amend the plat of the Cedar Springs Subdivision, First Filling, to adjust the boundary lines between lots 4 & 5 to accommodate existing improvements and perceived areas of ownership/maintenance, vacate utility easements along the common lot line and the exterior lot lines, and a lot size appeal resulting in a new lot that is smaller than the originals.

 

Staff recommends approval of the Amended Plat of Lots 4 & 5, Block 2, Cedar Springs Estates 1st Filing, Easement Vacation, and Lot Size Appeal, file #11-S3061, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    The final plat shall be recorded by April 3, 2012, 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.         HERON’S HILL SUBDIVISION APPEAL, FILE #11-G0225:   This is a request for an exemption to create a three lot subdivision from a 47-acre parcel without the requirement of a conservation development. The site is located east of Cobb Lake in an area of 35-acre divisions and two subdivisions of 10-acre lots. The applicant proposes to divide their 47-acre parcel of land to create two additional lots, resulting in three total lots. The Larimer County Land Use Code requires that such a land division be accomplished by creating a conservation development, unless the Board of County Commissioners approves an exemption or waiver to the provision and allows the division to occur as a subdivision.

 

The applicant has been through the sketch plan process and their next steps are to conduct a neighborhood meeting and submit a preliminary plan application. This request is allow only a three-lot subdivision, although, due to the size of the parcel, the subdivision could result in a four-lot development. The request has been referred to adjacent landowners and to affected agencies without adverse comments.

 

In their review of this request for an exception to the Conservation Development requirements, staff has found the following:

 

·   The lot location and surrounding area suggest that a Conservation Development is not consistent with the pattern of development.

 

·   The size of the parcel and the applicants limited development goals are best met through a subdivision.

 

·   The site is not a part of a previously subdivided parcel.

 

·   The development of the site as a subdivision will not negatively affect adjacent or nearby resources or properties.

 

Generally, staff supports appeals to the Conservation Development process based on the physical or topographic constraints of a site. In this case, the applicant presents a reasonable case based on the pattern of development in the area and their general proposal to buffer the resources and surrounding properties. 

 

Staff recommends approval of the Herons’ Hill Subdivision Appeal, file #11-G0225, subject to the following condition:

           

1.         A three-lot subdivision, with building envelops, as proposed by the applicant is the maximum that may be processed and proposed as a subdivision. 

           

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 3-0.

 

2.         CEDAR COVE RIGHT-OF-WAY VACATION, FILE #11-S3060:   This is a request for the vacation (conversion) of a public right-of-way on the Cedar Cove Subdivision Plat to create a private access through lots 16, 17A, 17B, 18A, 18B, 19, 20, 21, 22, and 23 of the Cedar Cove Subdivision. The owners of the affected properties propose to vacate the public status on a loop road thru their properties, which would create a private connection to the main road, located to the north of the properties.

 

Referrals and notice were sent to adjoining landowners and agencies, with no adverse comments received. Larimer County owns two lots, lots 16 and 23, which contain both ends of the loop road and surrounding the property owned by the Canfields and Yeagers; therefore, the county’s inclusion in the vacation request was included in the request to eliminate the road entirely.

 

Staff has found that the easement does not provide access beyond that which is currently utilized and creates an isolated area of public access that does not connect to any public roads; therefore, staff recommends approval of the Cedar Cove Right-Of-Way Vacation, file #11-S3060, subject to the following conditions:

 

1.    Include the portion of the easement located on Lots 16 through 23, which will result in the removal of public access to the loop road. 

 

2.    The vacation of the easement shall be finalized at such time when the plat and findings and resolution of the Board of County Commissioners are recorded. 

 

The applicant and Gary Canfield addressed the Board. Mr. Canfield explained that the two property owners, the Canfields and the Yeagers, would like to vacate the public use because the road is contained entirely on private property and is only accessible via a private roadway. 

 

Chair Donnelly opened the hearing to public comment and Mike Horn addressed the Board in opposition to the vacation request. Mr. Horn explained that he would like to purchase lot 23, if or when the county chooses to sell the parcel and believed the vacation of public use would affect any possible sales.

 

Mr. Charlie Johnson assured the Board that the county owned parcels in the Cedar Cove Subdivision are not scheduled for sale at any time in the near future.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Cedar Cove Right-Of-Way Vacation; file #11-S3060, subject to the conditions listed above.

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 3:30 p.m.

 

 

EXECUTIVE SESSION

 

The Board of County Commissioners reconvened at 3:35 p.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Charlie Johnson and Rusty McDaniel, Engineering Department; Marc Engemoen, Public Works Department; Jeannine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Ms. Haag requested the Board go into executive session to discuss current litigation regarding Rawhide Flats Road, pursuant to §24-6-402(4)(e) C.R.S., with no decision to follow.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators, pursuant to §24-6-402(4)(e) C.R.S.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 4:00 p.m.

 

TUESDAY, OCTOBER 4, 2011

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Bob Keister, Deni LaRue, and Donna Hart, Commissioners’ Office; Sheriff Justin Smith, and Captain John Manago, Sheriff’s Department; George Hass, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Eric Sutherland addressed the Board with concerns regarding possible fraud surrounding the City of Fort Collins’ Urban Renewal Authority and Tax Increment Financing programs.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 26, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of September 26, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 10, 2011:   Ms. Hart reviewed the schedule for the upcoming week.

 

4.         CONSENT AGENDA:

 

Commissioner Johnson requested that resolution number 10042011R002, regarding Congressional Redistricting Litigation, be pulled for discussion.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda as outlined below:

 

10042011A001           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION FOR ROAD AND BRIDGE IMPROVEMENTS FOR COUNTY ROAD 17

 

10042011D001           AMENDED REQUEST FOR RELEASE DEED OF TRUST AND RELEASE FROM THE TOWN OF BERTHOUD

 

10042011R001           RESOLUTION APPROVING CONTRACT FOR REPLACEMENT OF A BRIDGE ON LARIMER COUNTY ROAD 17 OVER THE POUDRE RIVER

 

MISCELLANEOUS:  Appointment of Donald L. Bryson, to the Estes Valley Public Library District Board of Trustees, beginning January 1, 2012 and ending December 31, 2015; Appointment of Joann Mullen to the Estes Valley Public Library District Board of Trustees, beginning January 1, 2012, and ending December 31, 2016; and Re-appointment of John Kamprath to the Estes Valley Public Library District Board of Trustees, beginning January 1, 2012, and ending December 31, 2016.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Archer’s Poudre River Resort – 3.2% - Bellvue; Charco Broiler – Hotel and Restaurant – Fort Collins; Northern Colorado Potters Guild – Special Event 6% – Fort Collins.

 

Motion carried 3-0.

 

5.         DISCUSSION ON TRAFFIC REVENUE PROJECTIONS:  Sheriff Smith stated that the traffic citation revenues have been over projected for the last three years, and he stated that he disagrees with placing the revenues in the Sheriff’s budget as that leads to an appearance of personal gain in writing citations. He requested that the ability to reduce the budget revenue projection by $255,000, and to transfer the traffic revenue completely from the Sheriff’s Office to the General Fund.   Some discussion ensued and the Board agreed this was an appropriate request. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve moving the traffic revenue from the Sheriff’s Office to the General Fund, and to supplement the Sheriff’s 2012 budget by $255,000 to reflect the more accurate revenue expected from traffic citations in 2012. 

 

Motion carried 3-0.

 

6.         ASSISTANT COUNTY MANAGER WORKSESSION:   There were no worksession items to discuss.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

8.         LEGAL MATTERS:  Mr. Hass explained the resolution regarding Congressional Redistricting Litigation and discussion ensued.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the resolution regarding Congressional Redistricting Litigation.

 

Motion carried 3-0.

 

10042011R002           RESOLUTION APPROVING CONGRESSIONAL REDISTRICTING LIGIGATION

 

Mr. Hass and the commissioners then had some dialog regarding the Anheuser-Bush, Inc., settlement agreement.   The Board asked for this to be placed as a discussion item on next week’s Administrative Matters agenda.

 

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

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

 SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.