PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Tuesday, January 16, 2001
The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Neil Gluckman, Assistant County Manager; Deni La Rue, Community Information Officer; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.
1. PUBLIC COMMENT: The Board is available from 9:00 a.m. to 9:30 a.m. for public comment.
Chair Rennels noted for the record that the minutes for January 8, 2001 are accurate; Commissioners Bender and Gibson concurred. Mr. Lancaster noted that since this was the last day in office for former Commissioners Olson and Disney; there is not a quorum of the Board to approve these minutes. However, Commissioners Bender and Gibson were in the audience for this land use meeting.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the minutes for January 9, 2001 as presented.
Motion carried 3 - 0.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the schedule for the week of January 22, 2001 as amended.
Motion carried 3 - 0.
Ms. Hart requested Board action regarding the purchase of Elich tickets for the use and benefit of County employees and their families, of which the County would absorb $3 per ticket sold. Mr. Lancaster stated the cost to the County is budgeted within the Commissioner's Special Projects Fund. Consensus of the Board is to approve the purchase of Elich tickets for the summer of 2001.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for the week of January 16, 2001:
ACTION ITEMS: Appointment of Peggy Haller to the Office on Aging Advisory Council for a one-year term effective January 16, 2001 and expiring on June 30, 2002; Approval of Oath of Office for the District Attorney's Office for the following people Kaup; Middlebrook; Berenato; Abrahamson; Schall; Johnson; Decker; Cessna; Brinegar; Bishop; Blair; Lewis; Lammons; Murray; Niemann; Pierson; Riedel; and Taylor; Approval of the revised Board of County Commissioner's Division of Responsibilities for 2001 P01-02 and rescission of P01-01approved January 9, 2001.
A01-18 SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JAMES C. NORDHOUGEN FOR PARADISE VALLEY ESTATES
A01-19 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE HASS OF HARDEN, HASS, HAAG AND HALLBERG, P.C. FOR PURCHASE OF LEGAL SERVICES FOR THE DEPARTMENT OF HUMAN SERVICES FOR 2001
A01-20 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GENOMICS INTERNATIONAL dba NATIONAL LEGAL LABORATORIES, INC dba LIFECODES CORPORATION FOR THE DEPARTMENT OF SOCIAL SERVICES
A01-21 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JAMES S WEBSTER CONCERNING IMPROVEMENTS ON COUNTY BRIDGE 5-0.2-64
A01-22 AMENDMENT TO THE WAGNER PEYSER FUNDING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR EXPENDITURE AUTHORIZATION
C01-01 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HOPE COUNSELING CENTERS, INC. FOR HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIPS PROGRAM
R01-05 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR WATERDALE MOBILE HOME PARK SPECIAL REVIEW PHASE 1
R01-06 FINDINGS AND RESOLUTION GRANTING THE STORRS EXEMPTION
R01-07 RESOLUTION RECOMMENDING ADOPTION OF THE BERTHOUD AND LOVELAND COMMUNITY SEPARATOR PLAN AS AN ELEMENT OF THE LARIMER COUNTY MASTER PLAN
R01-08 RESOLUTION ADOPTING THE LARIMER COUNTY LANDSCAPING GUIDE AND PLANT LISTS AS TECHNICAL SUPPLEMENTS TO THE LARIMER COUNTY LAND USE CODE
MISCELLANEOUS: Paradise Valley Estates Final Plat and Woodmansee Minor Land Division.
LIQUOR LICENSES: The following licenses were issued L&M Garden Center Special Events Permit- 6%- Berthoud, CO; Red Feather Carry Out- 6%- Red Feather Lakes, CO; and La Plaza Ristorante- 6%- Fort Collins, CO.
Motion carried 3 - 0.
6. BRIEFING ON IMPACTING PUBLIC POLICY PROGRAM: Mr. Gluckman briefed the Board on his participation in this program with Catholic Charities Northern and the City of Fort Collins. This informational program is to assist citizens in understanding how public policy is established.
7. WORK SESSION: Mr. Lancaster stated the County had received a letter and certificate from the Department of Commerce for the success of the 2001 census associated efforts, which were headed by Jill Bennett, Senior Planner.
Mr. Lancaster stated that Bill Nelson, Captain of Operations for the Sheriff's Department, provided initial research regarding a fire departments' ability to bill a landowner for reasonable and documented costs in association with extinguishing a fire according to State statute. This research is a result of a situation, which occurred between two county residents and the spread of a fire from one parcel to the adjacent parcel. Mr. Lancaster further noted that Mr. Nelson would meet with the County Attorney for potential implications to the county.
Mr. Lancaster also stated that an email was received regarding the workplan of the Environmental Advisory Board (EAB) for 2001. Commissioner Bender noted that he suggested three items be placed on the agenda for a retreat and had requested the EAB prioritize these items along with any others suggested work plan items the Board may have.
8. COMMISSIONER REPORTS: Commissioner Bender stated that the City of Fort Collins has inquired as to an EAB member volunteering on the City of Fort Collins Air Quality Board. Consensus of the Board is that if the City has requested an EAB member serve on this Board, then the EAB should make a recommendation to the Board for approval. Commissioner Bender also noted that he attended the Larimer/Weld Water Board meeting and that discussions' regarding the City of Fort Collins excess water uses sidetracked the original agenda.
Commissioner Gibson stated that he had spent several hours touring the areas within the proposed Loveland/Berthoud Separator Project; and that the Loveland Martin Luther King, Jr. program was a great success.
There being no further business, the meeting was adjourned at 10:20 a.m.
LAND USE MEETING
The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Sarah Flick, Environmental Planner and Jean O'Connor, Clerk to the Board.
Chair Rennels stated that the following item is consent and would not be discussed unless requested by the Board or members of the audience.
1. SECOND AMENDED PLAT OF TRACT D, CRYSTAL LAKES 11TH FILING: NE 1/4 OF SECTION 12, TOWNSHIP 10N, RANGE 74W; LOCATED EAST OF CRYSTAL LAKE ON LOKI TRAIL ROAD
This is a request for an Amended Plat of Tracts D-1, D-2, & D-3; The tracts are owned by either the Crystal Lakes Road & Recreation Assoc. or by the Crystal Lakes Water & Sewer Assoc. Staff findings are that ownership is an issue for the existing and proposed tracts. As mentioned in the Project Description/Background, the newly created Tract D-4 is going to be used by the Crystal Lakes Road & Recreation Assoc. although no deeds indicate that Roads & Recreation will own the tract. The Project Description in the application states that D-1 is owned by the Crystal Lakes Road and Recreation Assoc. but the deeds submitted with the application only show ownership by Crystal Lakes Water & Sewer Assoc. Both the Road & Rec. Assoc. and the Water & Sewer Assoc. will sign the amended plat so the plat will be legitimate regardless of which Association owns which piece of land but it is in the best interests of both organizations to obtain current deeds for tracts they wish to own. Staff recommendation is that the request meets the requirements of the Larimer County Land Use Code and recommends approval of a second amended plat of Tract D, Crystal Lakes 11th, File #00-S1705 with the following condition stipulated by the Planning Department 1. Tract D-4 will not be developed for public commercial uses or for residential uses. It will only be used by Associations of the Crystal Lake Subdivision in service for residents of the Subdivision.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Second Amended Plat of Tract D, Crystal Lakes 11th Filing #00-S1705 as outlined above.
Motion carried 3 - 0.
There being no further business, the hearing adjourned at 3:15 p.m.
THURSDAY, JANUARY 18, 2001
FLOOD REVIEW BOARD VARIANCE DENIAL APPEAL
The Board of County Commissioners met at 2:00 p.m. with Ed Woodward, Engineer Technician and Rex Burns, Project Engineer; Chair Rennels presided and Commissioner Bender was present. Also present were Jeannine Haag, Assistant County Attorney; Mark Peterson, County Engineer and Jean O'Connor, Clerk to the Board.
1. CENTURY HELICOPTERS, INC FLOOD REVIEW BOARD VARIANCE DENIAL APPEAL: LOTS 12, 13 AND 14 IN THE FT. COLLINS COMMUNITY AIRPARK SUBDIVISION WHICH LEGAL ADDRESS IS 2001 AIRWAY AVENUE, FT. COLLINS, CO 80524
This is an appeal of the Flood Review Board's decision not to allow an addition to a non-conforming structure in the FW - Flood Way District of Dry Creek. Staff findings are 1. The existing building and proposed addition is located within the FW Floodway Zoning District per current FEMA mapping. The existing building is non-conforming to the requirements of the FW Floodway Zoning District by virtue of its legal construction prior to adoption of the Dry Creek Floodplain; 2. The applicant did not quantify the impacts of the proposed expansion on the 100-year base flood elevations. However, it is expected that the proposed expansion would cause a relatively minor rise in flood heights. The proposed building expansion will not decrease the waterway opening along lines of flow between the building in question and the building next door; 3. The proposed building expansion does not constitute an encroachment into the effective flow area of the floodway and does not constitute a significant loss of conveyance capacity; 4. Staff finds that denying the variance would result in exceptional hardship to the applicant.
Staff recommendation is that constructing the addition to the structure as proposed would not be adverse to the welfare of the public. Staff recommends approval of the Century Helicopters Variance Request with the following condition 1. The floor elevation of the addition will be at an elevation of 4925.00 feet.
Mr. Larry Hansen, the applicant, stated that this expansion process was started over a year ago and that new County policies adopted after the process started have had an adverse affect on the request. Mr. Hansen noted that a member of the FloodPlain Review Board mentioned that if the expansion were heard prior to the adoption of these policies, it would have been approved.
Mr. Blair Kiefer stated that he supports the applicant's request and noted that the expansion would have negligible affects if a flood were to occur.
Ms. Angie Agulara, contractor for the expansion, provided the proposed layout for the expansion.
Mr. Woodward noted a condition of approval regarding the floor elevation and Mr. Hansen noted for the record that he is in agreement with the condition.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Century Helicopters, Inc. Variance Appeal as presented and outlined above.
Motion carried 2 - 0.
There being no further business, the hearing was adjourned at 2:25 p.m.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK AND RECORDER
(S E A L)
A T T E S T
Jean M. O'Connor, Clerk to the Board