MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
County Offices were closed on Monday in observance of the President’s Day Holiday.
TUESDAY, FEBRUARY 21, 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: Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Marc Engemoen, Public Works Division; Martina Wilkinson, Engineering Department; Tim O’Neill, Foothills Gateway, Inc.; Lorenda Volker, and John Gamlin, Human Resources Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
1. PUBLIC COMMENT: Eric Sutherland encouraged the Board to explore energy efficiency options for county buildings, and not to underestimate the cost savings that are inherent in these programs.
Jeff Schaefer stated that he hopes Drake Campground can continue to operate as a grandfathered establishment within Larimer County.
Mel Hilgenberg again requested access to a statewide congressional map, and he addressed the Board with additional comments regarding issues important to the community.
2. APPROVAL OF MINUTES FOR THE WEEK OF FEBRUARY 13, 2012: Chair Gaiter requested that approval of the minutes be postponed until the following week in order to clarify some information.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 27, 2012: Ms. Hart reviewed the schedule for the upcoming week.
4. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined below:
02212012R001 RESOLUTION SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND THE COMPLETION OF THE KRUGER EQUESTRIAN CAMPGROUND REDEVELOPMENT PROJECT AT HERMIT PARK OPEN SPACE
MISCELLANEOUS: Impact Assistance Grant – Department of Wildlife; Impact Assistance Grant – GOCO; Public Trustee Fourth Quarter Report and Annual Report for 2011; Department of Human Services Payments for December, 2011.
Motion carried 3-0.
5. UPDATE FROM THE CITY OF FORT COLLINS FOR JEFFERSON STREET ALTERNATIVE ANALYSYS STUDY: Mr. Engemoen introduced Kathleen Bracke, Aaron Iverson from the City of Fort Collins, and then they gave a brief introduction on the plans for transportation improvements to Jefferson Street. Discussion ensued. The Board requested that Mr. Engemoen set up a worksession with the parties involved in order to discuss this matter if further detail.
6. FOOTHILLS GATEWAY, INC. AND RELATED CHANGES AT THE STATE LEVEL: Tim O’Neill introduced Jim Disney, John Haley, and Gregg Seebohm, as members of the Board of Directors for Foothills Gateway. They voiced concerns with legislation that will place the state Division for Developmental Disabilities under the Colorado Department of Health Care Policy and Finance. They stated their concerns with this action as being: 1. Loss of focus on Developmental/Intellectual Disabilities as it will be submerged into other Medicaid Waiver Recipient services. 2. It would signal a move toward “generic” services or generic service packages that are the same for multiple populations, although their needs are different. 3. It could potentially affect local systems of services including the Larimer County Child Welfare and Single Point of Entry services. They asked the Commissioners to discuss this issue with their colleagues at the Colorado Counties, Inc., as they believe the July 1, 2012, implementation date is too soon, and further study and analysis is needed.
7. COUNTY MANAGER WORKSESSION: Mr. Lancaster gave an update on the Boxelder meeting, noting there it is still in progress and there is no set date yet. He also mentioned that the Elk Horn Lodge application for the rural tourism act within the Town of Estes Park, has gone out for comment to affected jurisdictions and the comments need to be in by March 5, 2012. Commissioner Donnelly stated that it would be prudent to have the Planning Director comment on this issue.
8. COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the past week.
9. LEGAL MATTERS: Ms. Haag requested that the Board go into executive session for confidential legal advice regarding a personnel matter.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners go into executive session for confidential legal advice, as outlined in 24-6-402(4)(b) C. R. S.
Motion carried 3-0.
The meeting recessed at 10:40 a.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m., with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Toby Stauffer, Planning Department; Traci Shambo, Engineering Department; Dave Shirk, Town of Estes Park Planning Department; Bill Ressue, County Attorney's Office; and Tamara Slusher, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance. He then explained that the following items were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience:
1. RANGE VIEW SUBDIVISION LOT 7 RIGHT-OF-WAY: This is a request to vacate a portion of public right-of-way within the Range View subdivision. The Range View subdivision was platted in the summer of 1963, and dedicated right-of-way for a cul-de-sac bulb at the western end of Range View Road, which did not exist when the plat was recorded. The right-of-way was platted to allow construction of a cul-de-sac bulb to allow for vehicles to turn around and exit the subdivision.
However, in December 1963, the adjacent property to the west was platted as Park Entrance Estates, with a right-of-way connection to Range View subdivision. This allowed the roads to connect, and rendered the cul-de-sac right-of-way unnecessary. Because the roads connect, the right-of-way has remained vacant.
Lot 7 of Range View subdivision has steeps slopes in the northern and eastern portions of the lot, which leaves only the southwest corner with any viable building location. It is in this area where the cul-de-sac ROW is, which ‘squeezes’ the already limited building area.
The owner of Lot 7 requests this unused portion of ROW be vacated to provide flexibility in construction of a single-family dwelling. With the ROW in place, the owner would need to obtain a setback variance.
This request has been reviewed by affected agencies, including Larimer County Engineering and the Upper Thompson Sanitation District. County engineering is in support of this vacation request. The UTSD has requested dedication of a sewer easement, which the owner has agreed to.
This request has been reviewed by the Larimer County Engineering Department, who recommends approval of the request.
2. CHERRY PARK 2ND REPLAT OF LOT 6, BLOCK 3 EASEMENT VACATION, FILE #12-S3090: This is a request to vacate a 10’ utility easement adjacent to the west/rear edge of the property for the entire width of Lot 6, Block 3, Cherry Park 2nd Filing Replat. There is partially constructed building that encroaches into the easement, this request will allow the new structure to be completed and remain in its’ proposed location. The easement is vacant and the request has been reviewed by utility providers.
There is a setback variance request that is moving forward concurrently with this request. It will be heard by the Board of Adjustment on February 28, 2012, and would allow the structure to remain at 7’ from the property line.
There have been no objections to the request from the following agencies:
· City of Loveland Water & Sewer
· Fort Collins- Loveland Water
· Century Link
· Public Service Company
· Larimer County Engineering Department
· Larimer County Health Department
· Larimer County Code Compliance Section
The Development Services Team recommends approval of the Cherry Park Second Filing Replat, Lot 6 Block 3, 10’ Utility Easement Vacation, File # 12-S3090, request to vacate a 10’ utility easement east of and adjacent to the west/rear property line for the entire width of the lot.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as presented and outlined above.
Motion carried 3-0.
The hearing adjourned at 3:05 p.m.
THURSDAY, FEBRUARY 23, 2012
The Board of County Commissioners met at 11:00 a.m. for an Abatement Hearing. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Greg Daniels, Assessor’s Office; and Dana Bouchard, Deputy Clerk.
The petitioner, Mitchell Benedict III, did not show up for this hearing; therefore, the Commissioners agreed to uphold the Assessor’s recommendation to deny this request for a change in tax value from $1,300,000 to $1,000,000. The Assessor’s review of this property finds the current value to be fair and equitable.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners deny the petition for Abatement for the property located at 156 E. Elkhorn Ave. Thru, Estes Park, Colorado, and uphold the Assessor’s determination of value which is $1,300,000.
Motion carried 3-0.
The hearing adjourned at 11:05 a.m.
LEW GAITER III, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk
Tamara L. Slusher, Deputy Clerk
Dana S. Bouchard, Deputy Clerk