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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 9, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were:  Eric Tracy, Engineering Department; Brenda Gimeson, Planning Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

  

Chair Gaiter began the hearing with the Pledge of Allegiance. Mr. Lafferty then requested that item #2 be moved to the consent agenda, as the applicant was not present and staff recommends approval of this item. No one in the audience was present for item #2, so it was placed on consent. Chair Gaiter then 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.   CAMPBELL EXEMPTION TRACT 3 EASEMENT VACATION FILE #12-S3112:  This is a request to vacate a 20-foot utility easement along the north side and near the east side of Tract 3, Campbell Exemption. The easement currently contains no facilities and there are no buildings currently constructed on the property. The existing easement is located where the property owner hopes to build a homesite and barn. The property owner indicates this is the most level and buildable area on the lot.  Utilities to the lot are provided from Cottonwood Lane with a portion of the easement staying intact to serve the property. Vacating the remaining easement would allow the property owner to place the home and barn in the most buildable area of the lot. The request has been reviewed by utility providers and they have indicated no concerns. 

 

There have been no objections to the request from the following agencies:

·  Little Thompson Water District

·  Centurylink

·  Poudre Valley REA

·  Public Service Co.

·  Larimer County Engineering Department

·  Larimer County Health Department

The Development Services Team recommends approval of the Campbell Exemption Tract 3, Utility Easement Vacation, file #12-S3112, request to vacate a 20-foot utility easement located along the north side and near the east side of Tract 3.

 

2.  SAWMILL JUNCTION APPEAL, FILE #12-G0242:  The applicant has requested a reduction in fees for a special review. The fee for a Special Review is $1,500, which the applicant has been paid; however, the applicant is now seeking a refund of $1,300.  This project has had two elements, the Board of County Commissioners reviewed and approved the Sawmill Junction Special Review on June 11, 2012.  The Site Plan Review (SPR) for the site was originally submitted in 2010 and has essentially been approved (waiting for final plan sets and signatures).  The fee paid for the Site Plan Review was $3,000 including a fee for wildfire review. The Site Plan Review was a comprehensive analysis and review of the site and did evaluate to location and impact of the pads for the two areas of mini-storage, which were the subject of the Special Review. 

 

The applicant notes in their materials that the site was evaluated thoroughly in the Site Plan Review and that the Special Review was essential a use review. They suggest the $200 fee is consistent with other re-submittal fees. 

 

In the past, staff has recommended fees to cover all direct costs.  Typically, this is approximately $300.  In this case, the Red Feather Lakes PAC, the Larimer County Planning Commission and the Board of County Commissioners heard the application and the applicants suggested fee would not cover essential processes, including hearings, agenda preparation, and advertising. 

 

The Development Services Team finds that request appeal for a reduction in development processing fees:

·  Is for a project that is consistent with the adopted master plan and furthers the plan objectives.

·  There was no error in processing the application or in the fees collected.

·  No direct financial hardship has been documented, but the assertion exists that this is a double fee.

 

The Development Services Team recommends approval of the Sawmill Junction Special Review Fee Appeal, file #12-G0242, subject to the following condition:

 

1.   The applicant shall be refunded $1200 of the original application fee. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as outlined above.

 

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

 

TUESDAY, JULY 10, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager.   Chair Gaiter presided and Commissioner Johnson was present. Also present were: Neil Gluckman, Deni LaRue, and Donna Hart, Commissioners’ Office; Sheriff Justin Smith, Sheriff’s Department;  Jim Drendel, and Angela Mead, Human Services Department; Carol Block, and Lorrie Lopez, Finance Department; Linda Connors, and David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Sheriff Smith explained that there are now flood hazards in the burn areas, and stated that he would like to have a discussion with the Board next week regarding the possibility of moving from a fire ban, back to fire restrictions.  Mr. Gluckman stated that he will put this on as an agenda item for next week’s Administrative Matters meeting.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 2, 2012:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of July 2, 2012, as amended.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 16, 2012:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

07102012A001           SUBORDINATION, NON-DISTURBANCE & ATTORNMENT AGREEMENT BY AND AMONG THE BOARD OF COUNTY COMMISSIONERS, PTREE LLC, BJJFH LLC, AND STATE FARM INSURANCE COMPANY

 

07102012A002           TENANT ESTOPPEL CERTIFICATE FOR REFINANCE EFFORT BY LANDLORD, WW REYNOLDS, IS REFINANCING AT 2601 MIDPOINT

 

07102012A003           STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AGREEMENT FOR CR 50 (WILCOX LANE) FEDERAL BRIDGE GRANT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTYING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION

 

07102012R001           RESOLUTION APPROVING CONTRACT FOR REPLACEMENT OF BRIDGE STRUCTURE PN 310 [PROJECT NO. BRO C060-0598(17908)]

 

07102012R002           FINDINGS AND RESOLUTION APPROVING THE BECKSTED MINOR LAND DIVISION

 

07102012R003           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 102 OF THE MEADOWDALE HILLS SECOND FILING AND EASEMENT VACATION

 

07102012R004           FINDINGS AND RESOLUTION APPROVING THE B&M SPACES CONDOMINIUMS

 

07102012R005           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR AMENDED PLAT LOTS 16 & 23 OF RESTU SUBDIVISION

 

07102012R006           RESOLUTION REGARDING EXTENSTION OF APPROVAL FOR AMENDED PLAT CUSHMAN’S LAKEVIEW 2ND FILING LOTS 18-20

 

07102012R007           FINDINGS AND RESOLUTION APPROVING THE LEWIS ACCESSORY LIVING AREA APPEAL

 

MISCELLANEOUS:   Other Assistance Program for Participants (Non-supportive Services) Human Services.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Colorado State University – AG Day Special Event Permit 3.2% - Fort Collins.

 

Motion carried 2-0.

 

5.         CCI CHANGES IN LEGISLATION FOR CHILD PROTECTION TEAMS IN COLORADO:  Mr. Drendel and Ms. Mead requested the Board’s support on changes in legislation pertaining to Child Protection Teams and their duties in following up and providing a more thorough review on the more complex cases, instead of requiring review on every assessment.  Some discussion ensued.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County support co-sponsoring a proposal to CCI to change the legislation involving Child Protection Team in Colorado, C.R.S. 19-1-103 (22 and C.R.S. 19-3-308.

 

Motion carried 2-0.

 

6.         2011 AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR):   Ms. Block and Alan Holmberg, representing Anderson & Whitney, provided a brief summary of the 2011 Comprehensive Financial Report and reviewed the recommendations made therein. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the audited 2011 Comprehensive Annual Financial Report.

 

Motion carried 2-0.

 

7.         COUNTY MANAGER WORKSESSION:   Ms. Hoffmann updated the Board on continuing efforts and progress being made on fire recovery issues; she also noted that Gary Darling has been formally appointed as the Director of Recovery. 

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the last week.

 

9.         LEGAL MATTERS:   Ms. Connors requested that the Board go into executive session to discuss pending litigation.

 

M O T I O N

 

Commissioner Johnson 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 2-0.

 

There being no further business, the meeting adjourned at 10:35 a.m.

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

______________________________________

Gael M. Cookman, Deputy Clerk