> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/01/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 1, 2013

 

 

LAND USE HEARING

 

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

 

Chair Johnson opened the hearing with the Pledge of Allegiance, and 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.  A member of the audience asked that item #3, regarding the Poudre School District Fees, be removed from the consent agenda for discussion.  The following items were left on consent:

 

1.         GLEN HAVEN LOT 1, BLOCK 2, AMENDED PLAT/BOUNDARY LINE ADJUSTMENT, FILE #13-S3156:   This is a request to combine Lot 1, Block 2 and Lots 48, 49, and 50, Block 3 of the Glen Haven Subdivision with a metes and bounds parcel owned by the same person.  The 1-acre metes and bounds parcel was divided from a larger 127 acre parcel in 2000 and sold to the current owner.  Because no formal request for subdivision was made to the County, this created an illegal 1-acre lot.  To cure this situation, the applicant is concurrently doing a Boundary Line Adjustment and then combining this parcel with the remaining lots in the Glen Haven Subdivision.  This will clear up any issues as to the illegal lot.  No new parcels or lots are being created with this amendment and combines the illegal parcel with the Glen Haven Subdivision lots. 

 

The following Larimer County agencies have stated that they have no objections to this proposal:  Department of Health and Environment; Development Review Section of the Engineering Department; Addressing Section.

 

Comments received from the Land Surveyor of the Larimer County Engineering Department office identifying several required corrections to the plat.

 

Comments received from the Code Compliance Section indicate there are outstanding issues with the larger property that is included in the Boundary Line Adjustment but because the property affected by the Amended Plat is not included, it won’t affect this application.

 

All the affected utility companies have agreed to the request.

 

The proposed amended plat to combine Lot 1, Block 2 and Lots 48, 49, and 50, Block 3 of the Glen Haven Subdivision with a metes and bounds parcel owned by the same person, will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  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 Glen Haven Amended Plat for Lot 1, Block 2 and Lots 48, 49, and 50, Block 3, File #13-S3156, 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 October 1, 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 County staff and by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.   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. 

             

2.         WILDERNESS RANCHES LOT 1 AND 6 LOT CONSOLIDATION/EASEMENT VACATION, FILE #13-3157:  This is a request to amend the plat of Lot 1, Amended Plat of Wilderness Ranches Unit 1, and Lot 6, Wilderness Ranches Unit 1, to consolidate the lots into one lot and vacate the 30-foot utility easement along the common lot line.

 

Both properties are located in the Wilderness Ranches Unit 1 subdivision.  Lot 1 was part of an Amended Plat recorded in 1981.  These properties are located adjacent to each other with a 30’ utility easement located along the common lot line.  Consolidating these lots will create one lot that is 12.47 acres in size.

 

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

•  Addressing

•  Code Compliance Section

 

The proposed Lot Consolidation of Lot 1, Amended Plat of Wilderness Ranches Unit 1, and Lot 6, Wilderness Ranches Unit 1 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 Lot 1, Amended Plat of Wilderness Ranches Unit 1, and Lot 6, Wilderness Ranches Unit 1and vacation of the 30’ utility easement located on the common lot line, File # 13-S3157, subject to the following conditions :

 

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

 

2.   The vacation of the 30’ 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 resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve consent items 1 and 2, as outlined above.

 

Motion carried 3-0.

 

 

3.         POUDRE SCHOOL DISTRICT FEE, FILE #13-G0246:   This is a request for Biennial adoption of revised fee in lieu of land dedication amounts for the Poudre School District.

 

The Larimer County Land Use Code provides for the dedication of school sites as a part of any land division, Subdivision, Conservation Development or Planned Land Division. The provisions of the Code are taken directly from the State Statues, which authorize the provision of school sites as a part of the subdivision statues. 

 

In 1996, the Board of County Commissioners adopted the current Cash in Lieu of Dedication formula that is in use today.  There are a number of variables which affect the dollar amount of this fee.  The variables are the size of school site by type, the dwelling unit generation rate for students and value of the land per acre.  The fees and the process went through an extensive public process ultimately were adopted by the Board of County Commissioners .

 

The fees have been updated, in 2006 and 2011.  At that time the fees were increased based upon the formula created in 1996.  In 2006 both the Thompson and Poudre School districts proposed an automatic update.  This provision was not supported by the staff or the Board of County Commissioners, thus any change in the fee requires Board of County Commissioners action. 

 

This request is a result of the Poudre district doing their biannual fee evaluations.  In doing this they have discovered the land values have increased which therefore increases the amount of the fee. 

 

The land values used in the formula have increased from values of $89,000 per acre to $95,000 per acre; other elements of the formula remain unchanged which results in an increase in the fee amount currently $1,600 to $1,710 per single family unit and $855 for multi-family units. 

 

The staff recommends the Board of County Commissioners approve the revisions to the fee in lieu of dedication for the Poudre School district, to be implemented on July 1, 2013, which is approximately 90 days from the date of approval.

 

Mr. Helmick explained the application as outlined above.  Discussion ensued regarding the formulas used to arrive at the new fee amounts and whether or not there is a formal intergovernmental agreement with the school district regarding this matter.

 

Chair Johnson opened up the hearing for public comment and Eric Sutherland addressed the Board with concerns of equity in increases between the number of dwelling units, he made reference to redevelopment in general, and he requested a reevaluation of the process to ensure it was sound and equitable.

 

The Board agreed and stated their desire to hear from representatives of the school district so that they could explain the formulas and how they arrived at the new fee schedule.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table this item until April 22, 2013, at 3:00 p.m.

 

Motion carried 3-0.

 

The meeting adjourned at 3:30 p.m.

 

 

TUESDAY, APRIL 2, 2013

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Neil Gluckman, Donna Hart and Deni LaRue, Commissioners' Office; Mark Peterson, and Martina Wilkinson, Engineering Department; Cliff Riedel, District Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg updated the Board on cultural events, and he also provided suggestions on several items including the county budget, the Department of Human Services, implementing a county sales tax, and leadership.

 

Eric Sutherland commented on Home Rule Cities, Tax Increment Financing, and he noted that he will continue to pursue criminal prosecution against the Fort Collins City Manager for violation of the City Code.

 

Rosemary Van Gorder expressed her support for House Bill 1120, and also stated her opinion that there is a lack of accountability in the Larimer County Human Services Department for foster children, and their biological parents, relating to child welfare processes.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 25, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of March 25, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 8, 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:

 

PETITIONS FOR ABATEMENT:   As recommended by the County Assessor, the following Petitions for Abatement are approved:  JCG Investments, LLC; Wellington Hospitality Group, LLC.

04022013A001           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NOS. 8066 & 8075 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ABCO CONTRACTING INC

 

04022013A002           EIGHTH AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER COUNTY BUILDING AUTHORITY

 

04022013A003           EIGHTH SUPPLEMENTAL MORTGAGE AND INDENTURE OF TRUST BETWEEN THE LARIMER COUNTY BUILDING AUTHORITY, AS GRANTOR AND U.S. NATIONAL ASSOCIATION, AS TRUSTEE

04022013D001           SPECIAL WARRANTY DEED BY LARIMER COUNTY BUILDING AUTHORITY TO LARIMER COUNTY

 

04022013R001           RESOLUTION RELEASING LOT SALE PROHIBITION ON LOT 4 OF THE DEMMEL LAKE ESTATES R.L.U.P 11-S3055

 

04022013R002           RESOLUTION APPROVING AMENDMENTS TO THE LARIMER COUNTY URBAN AREA STREET STANDARDS (LCUASS)

 

04022013R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 40 AND 41 OF CRYSTAL LAKES SUBDIVISION 13TH FILING AND UTILITY EASEMENT VACATION

 

04022013R004           RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED ASSESSMENT ROLL FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2012-1 (RIVER GLEN), AND PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE THEREOF

 

04022013R005           RESOLUTION TO REQUEST MAIL BALLOT ELECTION

 

04022013R006           RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE MASTER LEASE PURCHASE AGREEMENT BETWEEN THE COUNTY AND LARIMER COUNTY BUILDING AUTHORITY AND RELATED DOCUMENTS AND TRANSACTIONS; RATIFYING ACTION PREVIOUSLY TAKEN

 

MISCELLANEOUS:   Action of the Directors by Unanimous Written Consent in lieu of a meeting; Larimer County Terry Shores Public Improvement District No. 54 Advisory Board Bylaws; Larimer County Horseshoe View Estates South Public Improvement District No. 44 Advisory Board Bylaws; Larimer County Soldier Canyon Estates Public Improvement District No. 52 Advisory Board Bylaws.

 

LIQUOR LICENSES:  The following liquor licenses were issued and/or approved:  Mexican Inn – Hotel and Restaurant – Loveland; Glen Haven General Store – 3.2% - Glen Haven; Eloy’s Restaurant & Lounge – Tavern – Fort Collins; Swing Station – Tavern – LaPorte. 

 

Motion carried 3-0.

 

5.         REVIEW OF HOUSE BILL 1210:   Mr. Riedel and Mr. Gluckman explained that HB 1210 outlines an individual’s right to legal council.  Mr. Riedel stated that they already ensure the individuals right to legal council and that practice will not change; however, HB1210 would create a huge unfunded mandate that would increase costs incurred by the District Attorney’s office in terms of increased staffing and budget increases for both the jail side and the discovery side of their system.  Discussion ensued and the Board agreed to draft a letter stating their position on this item.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners direct the Assistant County Manager to draft a letter regarding the Board’s position on this matter.

 

Motion carried 3-0.

 

6.         TRANSPORTATION CAPITAL EXPANSION FEES (TCEF) ANNUAL REVIEW AND ADJUSTMENT:  Mr. Peterson and Ms. Wilkinson proposed the TCEF annual fee update, noting that it reflects an increase of 7.2% for the regional and non-regional road fees.  They requested that the effective date of the increase begin on July 1, 2013.  Some discussion ensued.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the updates to both the Non-Regional Road Transportation Capital Expansion Fees and the Regional Road Transportation Capital Expansion Fees to reflect an increase of 7.2%, effective on July 1, 2013.

 

Motion carried 3-0.

 

7.         WORKSESSION:  Ms. Hoffmann updated the Board on her activities. She also noted that they have hired Robert Gilbert as the new Community Development Director for Larimer County.  Mr. Gilbert will begin his employment on April 15, 2013.

 

8.         COMMISSIONER ACTIVITY REPORT:  The Board detailed their attendance at events during the past week.

 

9.         LEGAL MATTERS:  There were no legal matters to discuss at this time.

 

The meeting adjourned at 10:20 a.m.

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk