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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 11, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Johnson presided, and Commissioners Donnelly and Gaiter were present.  Also present were:  Rob Helmick, Savanah Benedick, and Brenda Gimeson, Planning Department; Traci Shambo, and Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office, and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance, and then noted that the following items are on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or any member of the audience:

 

1. CRYSTAL LAKES 13TH FILING LOTS 40 & 41 LOT CONSOLIDATION/EASEMENT VACATION, FILE #12-S3152:  This is a request to amend the plat of Lots 40 & 41, Crystal Lakes 13th Filing, to consolidate the lots into one lot and vacate the 20-foot utility easement along the common lot line.

 

Both properties are located in the Crystal Lakes 13th Filing, The Crystal Lakes 13th Filing was recorded in 1979.   Consolidating the lots will create one lot that is 2.92 acres in size.  An easement vacation is also proposed for the existing 20-foot utility easement along the common lot line of these two lots.

 

No neighbors have voiced any objections to the easement vacation proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

•  Department of Health and Environment

•  Engineering Department Development Services

•  Addressing Section

•  Assessor’s Office

 

The proposed Lot Consolidation of Lots 40 & 41 of the Crystal Lakes 13th Filing will not adversely affect any neighboring properties or any County agency.  The consolidation will not result in any additional lots. It makes sense to vacate the easement that would go through the middle of the resulting lot if not vacated.  Staff finds that, with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends Approval of the Lot Consolidation of Lots 40 & 41of the Crystal Lakes 13th Filing and vacation of the 20’ utility easement located on the common lot line, File # 13-S3152, subject to the following Condition(s):

 

1.   All conditions of approval shall be met and the final resolution recorded by September 11, 2013, or this approval shall be null and void.

 

2.   The vacation of the 20’ utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

3.   The Lien holder Signature Form must be signed and notarized by the lien holder of Lot 41 before the final resolution can be recorded.

 

4.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

 

2.         GLACIER VIEW MEADOWS 9TH FILING LOTS 17 & 18 AMENDED PLAT, FILE #13-S3151:  This is a request to amend the plat of Lots 17 and 18 of the Glacier View Meadows 9th Filing to amend the boundary lines.

 

The properties are located in the Glacier View Meadows 9th Filing, off of Montcalm Drive, south of County Road 74E, west of Eiger Road.  The Glacier View Meadows 9th Filing was recorded in June, 1978.  This property is currently zoned E-Estate and that will remain the same.  The lot line between Lots 17 and 18 will be adjusted to accommodate an existing driveway.  Lot 17 will decrease from 3.0129 acres to 2.88 acres and Lot 18 will increase from 2.5638 acres to 2.70 acres.  The smallest lot will not be any smaller than other lots in the subdivision.  All owners have agreed to the changes as proposed and signed the application form as submitted.  There are no proposed changes in the existing access or drainage. 

 

The following agencies have provided comments or verbally indicated they have no comments to the proposal:

 

·   The Larimer County Department of Health and Environment

·   The Larimer County Engineering Department

·   The Larimer County Land Surveyor

·   The Larimer County Code Compliance Section

·   The Larimer County Addressing Coordinator

 

All the affected utility companies have agreed to the request stating no conflict.  The County Land Surveyor and planning staff has indicated there are some corrections needed to the final plat.  See condition # 2.  Comments received from the Code Compliance Section indicate some parcels may need to obtain building permits. These permit issues are not directly related to the boundary changes, therefore no conditions of approval have been made.  The applicant can contact the Code Compliance section for more information on how to obtain applicable permits.

 

The proposed Amended Plat of Lots 17 and 18, Glacier View Meadows 9th Filing to reconfigure the lots will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code with the conditions as outlined below.

 

The Development Services Team recommends approval of the Amended Plat of Glacier View Meadows 9th Filing, File # 13-S3151, to reconfigure the lots 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.    All conditions of approval shall be met and the Final Plat recorded by September 11, 2013, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by County staff and Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.    KECHTER FARM MINOR LAND DIVISION, FILE #12-S3150:   This is a request for a Minor Land Division to divide 286 acres into three lots; one of 166 acres for development of the Kechter Farm GDP, one of 119 acres as undeveloped farm lands and open lands part of the GDP and one of 9 acres, which contains the historic farm residences.  

 

This Minor Land division has been proposed as a next step in the proposed development of the Kechter Farm project.  The General Development Plan was approved in late 2012 and it defined areas for future development of the farmstead and the future undeveloped agriculture area.  This Minor Land Division proposes three lots the nine acres will contain the existing farmstead(s) and outbuilding related to the agricultural activities on the property.  Lot 1 will be the area for future residential development anticipated with the approved GDP and Lot 2 will be the area that will be used for the Transfer of Development Units and will be restricted from further development to be owned and farmed by the family. 

 

Once the MLD is approved, the Kechter family can transfer the development area to the developers and they can pursue the next necessary approvals in the process; concurrent with and a required part of this approval will be the issuance of the TDU certificate for the area to be preserved which is Lot 2.  

 

No agency or individual has identified any critical issues with the proposed Minor Land Division.  The County Engineering Department has noted the need to reflect dedication of ROW for Ziegler Road and adjacent easements on this plat.  The TDU administrator has also reviewed this plan and noted that proposed Lot 2 must have the TDU certificate/restrictions on development, as noted in his correspondence, approved by Larimer County completed and ready to record with the Minor Land Division plat.  The Minor Land Division does not approve or authorize any new or additional uses of any lot in the development, which would occur upon application review and approval by the appropriate governmental entity. 

 

The Development Services Team has reviewed this Minor Land Division and finds that:

·  The proposed divisions are not a part of any prior approval of a land division or exemption,

·  The lot sizes meet the required minimum lot areas, and;

·  There are benefits to the surrounding areas and the public as a result of this division. 

 

The Development Services Team recommends Approval of the Kechter Farm Minor Land Division, File # 13-S3150 subject to the following condition(s) and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by September 11, 2013, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat, the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.   Right of Way for Ziegler Road and adjacent easements must be noted on and dedicated on the plat.  The ROW shall be noted as outlined by the Engineering Department in their memo of February 7, 2013.

 

4.   The plat for the Minor Land Division cannot be recorded until the TDU certificate and other documents necessary to restrict the further development of Lot 2 have been reviewed and approved by Larimer County and are ready to be recorded with the plat. 

 

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, MARCH 12, 2013

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Johnson presided, and Commissioners Gaiter and Donnelly were present.  Also present were: Donna Hart, Suzanne Bassinger, and Deni LaRue, Commissioners’ Office; Gary Buffington, and Dave Lentz, Natural Resources Department; Bob Herrfeldt, and Liz Garcia, Fairgrounds and Events Center; Nick Christensen, Sheriff’s Office; David Ayraud, and Bill Ressue, County Attorney’s Office, and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:        Vic Day requested the Board set a meeting with the property owners affected by the Boxelder Regional Stormwater plan, as they believe changes have occurred without proper notice to the citizens.  Commissioner Gaiter will set a follow up meeting for this purpose.     

 

Eric Sutherland reiterated his concerns with local government loaning money to Urban Renewal Authorities and generating more Tax Increment Financing, to the determent of taxpayers and the community.

 

Mel Hilgenberg updated the Board on community cultural events; he urged the Board to create a citizen’s board for input on the county budget; he suggested that the Board consider a sales tax to fund county programs; and he requested the Board cut the budget for Human Services Pretrial and redirect those funds to the Sheriff’s Office and the County Extension Office.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 4, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of March 4, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 18, 2013:  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 consent agenda as published below:

 

03122013A001           MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE USDA, FOREST SERVICE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL GRASSLAND, COLORADO PARKS AND WILDLIFE, NORTHEAST REGION, BOULDER COUNTY, CLEAR CREEK COUNTY, AND GILPIN COUNTY

 

Motion carried 3 -0.

 

5.         APPROVAL OF CABLE TELEVISION AGREEMENTS:  Ms. LaRue introduced Tom Duchen, President of River Oaks Communication, John Lehmann, Comcast Director, and Dave Johnson, Baja Broadband General Manager.  Ms. LaRue explained the purpose of this item was to hold a public hearing for comments on these proposed agreements; and further explained Larimer County, as an authorizing entity, receives 5% of cable services gross revenues from all three companies, which is paid quarterly, plus a Public Education in Government fee of 50 cents per subscriber.  Much discussion ensued regarding the agreements, the subscriber population, and internet connectivity in rural areas. 

 

Chair Johnson opened up the hearing for public comment.  Eric Sutherland and Patrick Edwards addressed the board with concerns that the documents were not made available to the public, electronically, prior to the meeting; and they expressed their ideas that basic cable should be made available to the public at a very low cost in the effort to support freedom of access for all. 

 

Chair Johnson closed public comment and the following action was taken:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve: 1) Comcast of California/Colorado, LLC, Comcast of Colorado I, LLC, and Comcast of Colorado III, LLC, in unincorporated areas agreement; 2) Baja Broadband Operating Company, LLC, in the unincorporated area near Estes Park agreement; 3) Baja Broadband LLC, in the unincorporated area near Fort Collins agreement.

 

Motion carried 3-0.

 

03122013A002           CABLE TELEVISION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BAJA BROADBAND OPERATING COMPANY, LLC

 

03122013A003           CABLE TELEVISION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COMCAST OF CALIFORNIA/COLORADO, LLC, COMCAST OF COLORADO I, LLC, AND COMCAST OF COLORADO III, LLC

 

03122013A004           CABLE TELEVISION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BAJA BROADBAND, LLC 

 

 

6.         FORESTRY PROGRAM UPDATE:  Mr. Lentz displayed a PowerPoint presentation for the Board depicting the state of the forests in Larimer County.  He provided an update on Mountain Pine Beetle, Thousand Cankers Disease, the Stove Prairie Collection Yard, site visits, promoting fire mitigation, and the forestry budget.  The Board thanked Mr. Lentz for his presentation.

 

7.         “TELLING LARIMER COUNTY’S STORY” UPDATE:   Mr. Herrfeldt and Ms. Garcia displayed a PowerPoint presentation for the Board regarding the work they have done thus far with the “Telling Larimer County’s Story” project.  Mr. Herrfeldt explained that the group working on this project includes: Liz Garcia, Nick Christensen, Gary Buffington, Angela Myers, Joni Friedman, Deni LaRue, and himself.  He presented a timeline for project completion, and suggested the possibility of hiring a consultant to help determine the most effective means for disseminating information to various interested parties, (i.e. Twitter, Facebook, etc.).  Much discussion ensued regarding cost estimates, scope of work, and identifying how to know if the message is being communicated effectively.  The Board asked Mr. Herrfeldt to gather more information from other counties and bring back more data for the Board to consider. 

 

8.         COUNTY MANAGER WORKSESSION:              Suzanne Bassinger presented request for a letter of support from the High Park Restoration Coalition for a grant application to create a map of everything at risk in the watershed and burn areas.   The Board agreed to sign the letter of support for this purpose.  

 

Ms. Hoffmann applauded the successful interview process for the new Community Development Director. 

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week, during which, Commissioner Gaiter requested that Lee Tucker be reappointed to the Boxelder Basin Regional Stormwater Authority for another 4-year term.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners reappoint Lee Tucker to the Boxelder Basin Regional Stormwater Authority for another 4-year term.

 

Motion carried 3-0.

 

10.       LEGAL MATTERS:  Mr. Ressue requested the Board go into executive session to discuss the Chester Reneau vs. Deputy Sasha Mahoney Federal Court Action.

 

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 Board came out of executive session and the following action was taken:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the defense by Larimer County and the Larimer County Attorney’s Office of Corporal Sasha Mahoney of the Larimer County Sheriff’s Office, in the United States District Court, case #13CV125, filed by Chester Reneau; and to pay any judgments that may be entered against her in her official or individual capacity.

 

Motion carried 3-0.

 

The meeting adjourned at 11:55 a.m.

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.