Loveland Bike Trail
 
> Meetings & Minutes > 2004 Minutes > BCC Minutes for 10/25/04  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, OCTOBER 25, 2004

 

LAND USE HEARING

(#125)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present.  Also present were Frank Lancaster, County Manager; Roxanne Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Angela Myers, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code and the County Budget.  No one from the audience addressed the Board regarding these topics.

 

Chair Rennels stated that there were two items on the agenda: The first being a consent item that would not be discussed, unless requested by the Board, staff or members of the audience.  The second being a Resolution to support the Urban Renewal Plan (URP) for the Sugar Factory site in Loveland. 

 

1.         MEADOWDALE HILLS 1st FILING LOTS 43 & 44 EASEMENT VACATION AND LOT CONSOLIDATION – 04-S2347:  This request is to combine Lots 43 and 44 1st filing in Meadowdale Hills Subdivision into one building lot and vacate the utility easements located along the common lot line.  The proposed Lot Consolidation Lots 43 and 44 1st filing in Meadowdale Hills Subdivision will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code. 

 

Staff recommendation is for approval of the Lot Consolidation for Lots 43 and 44 1st filing in Meadowdale Hills Subdivision (#04-S2347) to be known as Lot 1 of the Lot Consolidation of Lots 43 and 44 1st filing in Meadowdale Hills Subdivision and the vacation of the 10’ utility easements located on the common lot line of Lots 43 and 44 subject to the following conditions: 1) The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots; 2) All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by April 25, 2005, or this approval shall be null and void.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

 

2.         RESOLUTION IN SUPPORT OF THE URBAN RENEWAL PLAN FOR THE SUGAR FACTORY IN LOVELAND.  Mr. Lancaster explained that the Commissioners were briefed on this item last week during a work session.  He went on to explain that this proposal is for an Urban Renewal Authority (URA) that would be just outside the City of Loveland at the site of the old sugar factory.  The Urban Renewal Plan will cleanup the old buildings and environmental hazards in the area and allows the property to be more productive.  Financing is proposed to be through the use of a Tax Increment Financing (TIF) District.  Mr. Lancaster further explained that this plan allows an area that is considered “blighted” (by State law definition) to be cleaned up and put into productive use.  He commented that it is actually up to the City of Loveland to annex the property and form the URA.  Counties do not have the authority to form URAs, and County support is not required in order for the City of Loveland to move forward.  Mr. Lancaster provided the Commissioners with both a letter and a resolution in support of this project.

 

Chair Rennels invited public comment on the issue.  Mr. Don Marostica, who identified himself as the developer for the project, approached the Board.  Mr. Marostica requested that the Board support the project and reiterated that the City of Loveland is in support of the project.  He indicated that the estimated time for completion of the project is anticipated to be between five and ten years.  He said the project will be accomplished in phases, beginning the first of January, and explained that the first two phases will be cleanup phases.  He explained that the project would include improvements to Madison Avenue, and noted that the Administration Building, which will be visible from Madison Avenue, and perhaps the Boiler House, would be saved.  Mr. Marostica then invited questions.  Chair Rennels asked how long the tax entity would be in place.  Mr. Marostica indicated that the tax entity would be in place for 25 years to pay the bonds for the cleanup. 

 

Chair Rennels asked Mr. Marostica to provide some insight into why this cleanup had not been accomplished previously.  Mr. Marostica stated that this property is surrounded on three sides by the Great Western Railroad track and, for that reason; it is considered a “virtual enclave.”  He went further to say that the value of the property after cleanup (approximately $1.5 million) is less than the actual cleanup cost (approximately $3 million), which has also been a deterrent.  Mr. Marostica added that the big white towers of Amalgamated Sugar will remain, as there are thirty employees who continue to bag sugar there; and the big smoke stack may remain, because it is somewhat of a center point for the project.  Mr. Marostica also indicated that there is not enough hazardous material on the site to qualify for “brown field” funds or other cleanup funds.  He stated that there is approximately 300,000 cubic yards of trash underground to be cleaned up – the property is dirty, but it is “trash” dirty, rather than containing large amounts of hazardous waste.

 

Mr. Marostica emphasized that State of Colorado Urban Renewal statues were setup specifically to do this type of project.

 

Commissioner Gibson indicated his support for the project and asked Mr. Marostica to comment on the fact that the City is not required to request support from the County.  Mr. Marostica confirmed that County approval is not necessary, but went on to emphasize that this project is a “partnership” between the City, the County (because of the Tax Increment Financing) and the developers, and that getting support from all parties is the right way to move forward on the project.  

 

Commissioner Bender asked whether the asbestos in the buildings was enough to warrant a hazardous waste cleanup.  Mr. Marostica indicated that the type of asbestos in the Administration Building is of the variety that is not problematic unless it is disturbed.  The entities that would be responsible for cleanup of the property as a hazardous waste site advise not disturbing the asbestos, rather than providing the resources for cleaning it up.  Commissioner Bender then read the resolution aloud.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the Resolution in Support of the Urban Renewal Plan for the Sugar Factory in Loveland. 

 

Motion carried 3-0.

 

10252004R001  RESOLUTION IN SUPPORT OF THE URBAN RENEWAL PLAN FOR THE SUGAR FACTORY IN LOVELAND

 

There being no further business, the meeting adjourned at 3:15 p.m.

 

 

TUESDAY, OCTOBER 26, 2004

 

ADMINISTRATIVE MATTERS

(#125)

 

The Board of County Commissioners met at 9:30 a.m.  Chair Rennels presided and Commissioners Bender and Gibson were present.  Also present were Donna Hart and Deni LaRue, Commissioner’s Office; Russ Legg, Planning Department; and Angela Myers, Deputy Clerk.

 

1.  PUBLIC COMMENT:  There was no public comment.

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 18, 2004:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of October 18, 2004, as presented.

 

Motion carried 2 – 0 (Commissioner Bender abstained.)

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 1, 2004:  Ms. Hart reviewed the upcoming schedule with the Board.

 

 

4.  CONSENT AGENDA:  Chair Rennels requested that the Action Item pertaining to the Red Feather Lakes Plan Advisory Committee Appointments and the Resolution Establishing the Red Feather Lakes Plan Advisory Committee and the Red Feather Lakes Plan Area be pulled for discussion. 

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 26, 2004:

 

10262004D001           DEED OF DEDICATION OF DESCRIBED PROPERTY AS A PUBLIC HIGHWAY BY CITY OF LOVELAND TO LARIMER COUNTY (#1)

 

10262004D002           DEED OF DEDICATION OF DESCRIBED PROPERTY AS A PUBLIC HIGHWAY BY CITY OF LOVELAND TO LARIMER COUNTY (#2)

 

10262004R001           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN ESTES PARK ESTATES LOTS 5 & 6

 

10262004R002           FINDINGS AND RESOLUTION DENYING THE LARSON APPEAL

 

10262004R003           FINDINGS AND RESOLUTION APPROVING THE APPEAL OF SECTION 8.1.5 OF THE LAND USE CODE FOR CRYSTAL LAKES 16TH FILING

 

10262004R004           FINDINGS AND RESOLUTION APPROVING THE BURDICK AMENDED SPECIAL REVIEW

 

10262004R006           RESOLUTION REGARDING RELEASE OF WARRANTY FOR IMPROVEMENTS AT WILLIS FARMS SUBDIVISION

 

MISCELLANEOUS:  Letter of Support for Rimrock Open Space Recreational Trail Grant

 

LIQUOR LICENSES:  The following license was both approved and issued:  American Legion – George Beach Post #4, Fort Collins – Club Liquor License.  The following licenses were approved:  White Buffalo – Loveland – Modification of Premises; Club Osirus – Fort Collins – New Manager Registration.

 

Motion carried 3 – 0.

 

 

5.  RED FEATHER LAKES PLAN ADVISORY COMMITTEE APPOINTMENTS.  Russ Legg explained that the Planning Department is preparing to move forward with a Red Feather Lakes Area Plan.  He emphasized that an important part of that planning process is a Citizen’s Plan Advisory Committee which will provide guidance.  He went on to explain that the Board has interviewed 27 applicants and has selected 13.  He read the names of the individuals to be appointed by the Resolution and requested approval of the Resolution.  Mr. Legg explained that the Resolution defines the purpose and duties of the committee, indicates the boundaries of the planning study area, and specifies that the committee would end at the close of the planning period.

 

Commissioner Gibson pointed out that this area plan is being driven by the Red Feather community.  Mr. Legg concurred and went on to say that there were several meetings in the Red Feather area during which it became apparent that the citizens of the Red Feather area desired this planning process. 

 

Commissioner Gibson read the resolution aloud. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution Establishing the Red Feather Lakes Plan Advisory Committee and the Red Feather Lakes Area Plan. 

 

Motion carried 3 – 0.

 

10262004R005  RESOLUTION ESTABLISHING THE RED FEATHER LAKES PLAN ADVISORY COMMITTEE AND THE RED FEATHER LAKES AREA PLAN

 

Chair Rennels requested an amendment to the motion for approval that would allow the Committee to add up to two members, if they deem necessary. 

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners approve the Red Feather Lakes Advisory Committee Appointments and amend the Resolution to allow the Committee to add up to two members, if they deem necessary.

 

Motion carried 3 – 0.

 

 

6.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

There being no further business, the meeting adjourned at 9:45 a.m.

 

 

WEDNESDAY, OCTOBER 27, 2004

 

EXECUTIVE SESSION

(Affidavit Provided)

 

The Board of County Commissioners met at 8:15 a.m.  Chair Rennels presided and Commissioners Bender and Gibson were present.  Also present were Jeannine Haag, Assistant County Attorney; Larry Timm, Rob Helmick, and David Karan, Planning Department; and Angela Myers, Deputy Clerk.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners go into Executive Session and cited 24-6-402(4)(c) C.R.S.

 

Motion carried 3 – 0.

 

The Executive Session ended at 9:15 a.m., and the meeting was adjourned.

 

 

THURSDAY, OCTOBER 28, 2004

 

EXECUTIVE SESSION

(#126 & 127 Sealed)

 

The Board of County Commissioners met at 8:45 a.m.  Chair Rennels presided and Commissioners Bender and Gibson were present.  Also present was Angela Myers, Deputy County Clerk.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners go into Executive Session for personnel matters regarding performance evaluation of the County Manager and cited 24-6-402(4)(f) C.R.S.

 

Motion carried 3 – 0.

 

The Executive Session recessed at 9:30 a.m.  The meeting reconvened at 10:35 a.m., and County Manager Frank Lancaster joined the meeting.

 

M O T I O N

 

Commissioner Bender moved that the Board of County Commissioners go into Executive Session for personnel matters and cited 24-6-402(4)(f) C.R.S.

 

Motion carried 3 – 0.

 

The Executive Session ended at 11:30 a.m., and the meeting was adjourned.

 

 

 

 

___________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

(S E A L)

 

 

A T T E S T

 

___________________________________

Angela Myers, Deputy County Clerk

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.