> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/01/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 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 Donnelly and Gaiter were present. Also present were: Terry Gilbert, and Samantha Mott, Planning Department; Clint Jones, Engineering Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance. 

 

1.    TAPESTRY HOUSE SIGN APPEAL, FILE #13-G0248:   This is a request for an appeal to Section 10.5.E of the Larimer County Land Use Code to allow an off-premises freestanding sign, which identifies and advertises their business, to remain in the right-of-way.  The sign is located within the right-of-way for Overland Trail which is classified as a major collector.  The sign location is adjacent to the property with the business and is located at an access point from Overland Trail to the business.

 

The existing sign is approximately 15 square feet in size and 6 feet in height.  It is considered an illegal sign because it was never permitted and it is located within the right-of-way and is, therefore, considered an off-premises sign.

 

Section 10 allows each property in the residential district that has a principal legal nonresidential use to have one freestanding sign (maximum sign area of 20 square feet per sign face and a maximum height of 6 feet) per street frontage.

 

The Tapestry House is an event center and the property is zoned O-Open.  In 2003, a Special Exception was approved to allow weddings, wedding receptions, and special events on the property.  Site Plan Review for the Tapestry House Event Center was approved in 2004.  The County approved Site Plan shows a proposed monument sign on the applicants’ property outside of the right-of-way.

 

In August of 2012, Code Compliance identified that the sign in question had been placed in the right-of-way adjacent to the subject property without a permit.  Had the applicants applied for a sign permit before constructing the sign they would have been notified that a permit could not be issued because the sign location was not compliant with the Land Use Code which prohibits off-premises signs.  To meet the current code requirements, the sign would need to be placed on the Tapestry House property.  There is no setback requirement for signs so they can be placed at the property line.

 

The Larimer County Engineering Department has indicated that objects placed within the right-of-way can be roadside hazards, impact sight distance, or they may obstruct the travel way, the shoulder, etc.  Therefore, the engineering staff cannot support the request from a technical perspective.  They did indicate they would be willing to consider an appeal to the height limit if the sign were relocated from the right-of-way and onto private property.

 

The Road and Bridge Director has indicated that he has no concerns with the location of the sign and its current location within the right-of-way. 

 

The Development Services Team recommends denial of the Tapestry House Sign Appeal, File #13-G0247.  However, should the Commissioners wish to approve this request, the Development Services Team offers the following suggested conditions:

 

1.   No additional signage shall be added to the right-of-way without prior approval.

2.   Building permit application for the existing sign shall occur within 60 days from the date of this approval.

3.   This approval is given only for the sign included in this request.

4.   The sign shall comply with building codes and all other requirements in Section 10 of   the Land Use Code.

5.   The sign cannot be expanded, moved, or changed so as to be a different size or increase the non-conformity in the future.

6.   If Larimer County has a future need within the right-of-way, the owners will have to remove the sign at their own expense.

 

Ms. Mott gave an overview of the property and explained the appeal as outlined above.  She also submitted four comments of support from the surrounding neighbors.

 

The applicant, Bobbie Randolph, explained that they placed the sign there knowing it was in the public right-of-way; however they felt it was a safer alternative due to better visibility.  Ms. Randolph requested that the Board allow her to keep the sign where it is, as it is compatible with the residential feel of the neighborhood. 

 

There was no public comment for this item.

 

The Board agreed to allow the sign to remain where it is for public safety reasons, but stated that Ms. Randolph should have used the proper procedures prior to installing the sign.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the request for an appeal to Section 10.5.E of the Larimer County Land Use Code to allow an off-premises sign at 3312 North Overland Trail.

 

Motion carried 3-0.

 

The hearing recessed at 3:30 p.m.

 

 

PUBLIC IMPROVEMENT DISTRICT (PID) AND

LOCAL IMPROVEMENT DISTRICCT (LID) HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Johnson, Civil Engineer.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Ed Schemm, Environmental Health Department; and Gael Cookman, Deputy Clerk.

 

1.         BOYD’S WEST PUBLIC IMPROVEMENT DISTRICT #56:   Mr. Johnson briefly explained how PID’s are established in order to help fund road maintenance within subdivisions of Larimer County.  He noted that there are only five properties in the Boyd’s West PID, and that 100% of property owners signed in favor of the petition.  Mr. Johnson then reviewed the breakdown of yearly costs that will be associated with this public improvement district, which vary from household to household as it is assessed by a mill levy.

 

Chair Johnson noted for the record that there was no public comment on this item.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #07012103R001, regarding the Boyd’s West Public Improvement District #56.

 

Motion carried 3-0.

 

07012013R001           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY BOYD’S WEST PUBLIC IMPROVEMENT DISTRICT NO. 56

 

2.    WILLOWS PUBLIC IMPROVEMENT DISTRICT #45:   Mr. Johnson briefly explained that there are 19 properties within the proposed district, and he reviewed the breakdown of associated costs.  Mr. Johnson also displayed a diagram depicting the roads that would be included for maintenance. 

 

Chair Johnson opened up the hearing for public comment and the following individuals spoke in opposition of the PID:  Jennifer Vonlintel, Ed Karen, and Dave Kraus.  They listed concerns with utilizing the dirt road more than the paved road; they saw no problems with the way they are currently maintaining the roads; and they did not think it was a fair proposal, as only a small portion of the road needs repair.

 

The following individuals spoke in favor of the PID:  Michael Mroz, Mike Walton, Andy Hamman,  Ryan Liebl, and Marc Enloe.  All stated that the portions of the road are in need of repair currently, and the need for continued road maintenance is necessary.  They felt this is a fair and equitable way to ensure the monies are collected for future use.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #0712013R002, regarding the Willows Public Improvement District. 

 

Under discussion of the motion, Commissioner Gaiter acknowledged the fact that some in the subdivision are feeling “strong armed” by the Homeowners Association; however, he agreed to place the issue on the ballot. 

 

Motion carried 3-0.

 

07012013R002           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY WILLOW’S PUBLIC IMPROVEMENT DISTRICT NO. 45

 

3.    BERTHOUD ESTATES LOCAL IMPROVEMENT DISTRICT (LID) NO 2013-1:   Mr. Schemm explained that an LID differs from a PID in that an LID is for one specific project and once the project is completed, the LID is disbanded.  Also, the monies collected by the property owners are divided equally, and not assessed via a mill levy.  He then explained that there are 183 lots in the proposed district and the LID is being created for the purpose of construction, installing, completing and acquiring certain sanitation improvements. He stated that the current estimated assessment is $6,120 per lot. 

 

During public comment, Allen Peacock, and Rick Hiatt both stated that they were in favor of creating the LID and they requested the Board’s support as well.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve Resolution Number 07012013R003, creating the  Larimer County Local Improvement District No. 2013-1 Berthoud Estates, ordering the construction, installation, completion, and acquisition therein of certain local improvements, together with any necessary incidentals; providing for the payment for said improvements, and providing for other details in connection with the district.

 

Motion carried 3-0.

 

07012013R003           RESOLUTION CREATING THE LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2013-1

 

The hearing adjourned at 7:45 p.m.

 

 

TUESDAY, JULY 2, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Acting County Manager, Carol Block. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart, Commissioner’s Office; William Ressue, Senior County Attorney; and Dana Polley, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT: Eric Sutherland expressed his frustrations with Tax Increment Financing (TIF) districts and the burden these districts put on taxpayers when there is development, as well as, the mismanagement of government money.

 

Stacy Lynn commented on the injustice she believes is occurring within the Larimer County Court system and the Sheriff’s office.

 

Mel Hilgenberg highlighted local current events, as well as, reviewed his opinion on several issues.

 

Les Sunde presented a packet to the Board and expressed his frustrations with a boundary line issue and a safety issue on his property driveway which is next to the coffee shop, Bellvue Bean.

 

Chair Johnson suggested the parties involved try to come to agreement to resolve the issue on their own, and Mr. Sunde agreed he would be willing to try to come to an agreement between the Bellvue Bean operators and the building owners.

 

Darren Wurtzburg, the operator of the Bellvue Bean, gave a brief statement regarding his love for the coffee shop, its positive influence on the community, and his desire to work things out with Mr. Sunde.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 24, 2013:

 

M O T I O N

 

Commissioner Gaiter moved to approve the minutes for the week of June 24, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 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 follows:

 

07022013A001           NOTICE OF GRANT AND AGREEMENT AWARD FOR HIGH PARK FIRE WITH NRCS – TECHNICAL ASSISTANCE

 

07022013A002           MEMORANDUM OF UNDERSTANDING BETWEEN GOVERNOR’S OFFICE OF INFORMATION TECHNOLOGY, COMMUNICATION SERVICES AND LARIMER COUNTY

 

07022013R001           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE AMENDED PLAT FOR ROMONA HEIGHTS LOTS 3-5, BLOCK 4A, LOTS 1-9, 18, 19A, 19B, 20, BLOCK 1 AMENDED PLAT AND PARTIAL ACCESS EASEMENT VACATION

 

07022013R002           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY VICTIM/WITNESS DIVISION MANAGER

 

07022013R003           RESOLUTION DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2013-2

 

07022013R004           RESOLUTION DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2013-3           

 

MISCELLANEOUS:  Letter to Colorado Department of Local Affairs; Colorado Division of  Housing CDBG Project Completion Report 08-066G; Colorado Division of Housing CDBG Project Completion Report

 

Motion carried 3-0.

 

5.         WOMEN OF VISION DAY PROCLAMATION: Ann Clark, Founder and CEO of Colorado Women of Influence briefly spoke about the organization and its goals and accomplishments. Ms. Clark introduced Linda Hughey, Founder and CEO of Competent Assistance for Non-Profits, as a 2013 Women of Vision Honoree. Ms Hughey briefly talked about her company and her involvement with Colorado Women of Influence.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners Proclaim July 24, 2013, as Women of Vision Day.

 

Motion carried 3-0.

 

6.         2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT : Ms. Block introduced Anderson & Whitney as the auditors for Larimer County’s 2012 financial reports. Ms. Block reviewed the factors that were considered for selecting this firm for the County’s audit and what the role of the auditor is. Then the representatives from Anderson & Whitney briefly presented the audit report to the Board and some discussion ensued.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the 2012 Comprehensive Annual Financial Report.

 

Motion carried 3-0.

 

7.         ACTING COUNTY MANAGER WORKSESSION:   Ms. Block reported that the State Audit Office reviewed the County’s Comprehensive Annual Financial Reports (CAFR) from 2009-2011 which will be presented to the Legislative Audit Commission in October. The audit looked at 7 indicators of financial stress. The County came back positive on 6 indicators and showed a warning for the indicator involving general fund spending per capita in 2011. Ms. Block explained that this discrepancy in spending is due to several money transfers from the general fund in 2011 which were counted as expenditures.

 

Chair Johnson requested that Ms. Block submit an explanation for this discrepancy to accompany the audit for clarification.

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board shared their activities and events attended during the past week.

 

9.         LEGAL MATTERS:   The Board requested to go into executive session with an attorney to discuss the County’s obligation to provide legal representation for a Deputy Sheriff, as well as, to discuss staff direction regarding the property dispute at the Bellvue Bean.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners 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 adjourned at 11:10 a.m., with no further action taken.

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

 

______________________________________

Dana S. Polley, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk