MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were: Toby Stauffer, Planning Department; Jeff Goodell, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Pro-Tem Johnson opened the hearing with the Pledge of Allegiance, and then noted for the record that the following item was on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience:
1. SPRING GULCH RANCH ESTATES 2ND FILING LOTS 35 & 36 AMENDED PLAT, FILE #12-S3087: This is a request to adjust lot lines of two lots to accommodate an encroaching well. A 20-foot utility easement exists along the common lot line of the two lots. The easement will remain in the same location, along the old lot line, after the plat amendment. No other easements are being removed or dedicated with this plat.
No neighbors have voiced any objections to this proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: Engineering Department, Development Review, and the Health Department.
Comments received from the Code Compliance Section indicate two building permits of record; one building permit may be needed. The applicant can contact the Code Compliance section for more information on how to obtain applicable permits.
Comments received from the Land Surveyor of the Larimer County Engineering Department identify some required corrections to the plat.
The proposed amendment to Lots 35 & 36 of Spring Gulch Ranch Estates Subdivision, Second Filing, to adjust the lot lines to accommodate an encroaching well, will not adversely affect any neighboring properties or any County agency. The Amended Plat will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Amended Plat of Lots 35 & 36 of Spring Gulch Ranch Estates Subdivision, Second Filing, File # 12-S3087, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:
1. The Final Plat shall be recorded by August 6, 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.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined above.
Motion carried 2-0.
The hearing adjourned at 3:05 p.m.
TUESDAY, FEBRUARY 7, 2012
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Donna Hart, Commissioners’ Office; Marc Engemoen, Public Works Division; George Hass, and David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
1. PUBLIC COMMENT: Gary Peterson shared his opinions on how he was treated in a past court case, and also shared comments on the DARE program, which has been discontinued in the Poudre School District.
Eric Sutherland stated that he has attempted to gather information regarding the energy use and electric bills pertaining to the county buildings, as he sees this as a possible means to decrease county expenditures; however, he has had no response from the Larimer County Facilities Department.
Chris Eikenberg again stated her concerns with the Poudre School District interviewing students without parental consent.
Mel Hilgenberg offered comments on several issues related to county government, and stated concerns with lack of accountability regarding the CSU Reservation.
2. APPROVAL OF MINUTES FOR THE WEEK OF JANUARY 30, 2012:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 30, 2012.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 13, 2012: Ms. Hart reviewed the schedule for the upcoming week.
4. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined below:
02072012A001 INTERGOVERNMENTAL DATA ACCESS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, ACTING THROUGH THE LARIMER COUNTY WORKFORCE CENTER, AND THE STATE OF COLORADO DEPARTMENT OF LABOR & EMPLOYEMENT UNEMPLOYEMENT INSURANCE PROGRAM
02072012A002 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE POUDRE RIVER PUBLIC LIBRARY DISTRICT, AND THE CITY OF FORT COLLINS
02072012A003 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK & RECORDER, AND THE TOWN OF ESTES PARK
02072012A004 EXPENDITURE AUTHORIZATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY WORKFORCE CENTER AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, PY10 WAGNER PEYSER (10%) GOVERNOR’S SUMMER JOB HUNT CMS#12068
02072012A005 ADMINITRATIVE SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND UMR, INC.
02072012R001 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF RESIDUAL LOT A, AND LOTS 1 & 2 IN THE LITTLE RURAL LAND USE PLAN
02072012R002 FINDINGS AND RESOLUTION APPROVING THE OBERMEYER SMALL WIND FACILITY MINOR SPECIAL REVIEW
02072012R003 FINDINGS AND RESOLUTION APPROVING THE SPARKS ARABIANS PUBLIC SITE PLAN
02072012R004 FINDINGS AND RESOLUTION APPROVING THE LAKE AT BIGHORN CONSERVATION DEVELOPMENT PRELIMINARY PLAT TIME EXTENSION
02072012R005 FINDINGS AND RESOLUTION APPROVING THE ROCKY RIDGE ESTATES CONSERVATION DEVELOPMENT SECOND PRELIMINARY PLAT TIME EXTENSION
02072012R006 FINDINGS AND RESOLUTION APPROVING THE LINDER MINOR LAND DIVISION
02072012R007 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 28 & 29, MARIANNA PARK SUBDIVISION AND RIGHT-OF-WAY VACATION
02072012R008 CONVEYANCE OF PERMANENT DRAINAGE EASEMENT GRANTED TO LARIMER COUNTY BY VERSUS BANK OF COMMERCE, AKA LARIMER BANK OF COMMERCE
02072012R009 RESOLUTION TO REQUEST A MAIL BALLOT FOR THE 2012 PRIMARY ELECTION
MISCELLANEOUS: Stipulation as to Tax Year 2011 Value – W2005/Fargo Hotels (Pool C) Realty, LP; Stipulation as to Tax Year 2011 Value – Summit Hotel Properties, LLC.
Motion carried 3-0.
5. WORKSESSION: Mr. Lancaster stated that the Bureau of Reclamation has listed the dam at Lily Lake as a “hazardous dam” and it needs to either be repaired or removed. Discussion ensued and the Board asked Mr. Lancaster to have the Environmental Advisory Board review and comment on this situation.
6. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the past week.
7. LEGAL MATTERS: Mr. Hass requested that the Board go into executive session for confidential legal advice regarding a local marketing district tax issue.
M O T I O N
Commissioner Donnelly moved that the Board 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 meeting ended at 10:40 a.m., with no further action taken.
LEW GAITER III, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk