> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/01/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MAY 1, 2006

 

BOARD OF SOCIAL SERVICES WORKSESSION

(#49)

The Board of County Commissioners met at 10:00 a.m. with Frank Lancaster, County Manager.  Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Ginny Riley, Richard Guest, and Eileen Brittingham, Human Services; Ella Gifford and Marsha Ellis, Workforce Center; and Gael Cookman, Deputy Clerk.

Mr. Guest requested Board approval on a funding request for rural transit, which would provide additional service in both Loveland and Fort Collins, and would facilitate Fort Collins bus replacement through a one-time supplemental federal funding opportunity.  Mr. Guest stated that the request is for $136,000 and that the participating entities will provide the matching funds.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the application for Federal Transit Authority 5311 funding for rural transit.

 

Motion carried 3-0.

 

At this time the Deputy Clerk left the meeting and the worksession continued.

 

LAND USE HEARING

(#49)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  Samantha Mott, Planning Department; Matt Johnson, Engineering Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk. 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Gibson explained that Items 1 and 2 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1. CRYSTAL LAKES 13TH FILING LOTS 3 AND 4 LOT CONSOLIDATION AND EASEMENT VACATION - #06-S2549:  This is a request to combine two contiguous lots, and vacate a 20-foot utility easement located on the common lot line of Lots 3 and 4 in the Crystal Lakes Subdivision 13th Filing.  If approved, the recording instrument will be a Finding and Resolution from the Board of County Commissioners.  

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and the Larimer County Engineering Department Development Review Team.

The proposed Lot Consolidation of Crystal Lakes 13th Filing for Lots 3 and 4 and easement vacation, will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Lot Consolidation for Crystal Lakes Subdivision 13th Filing Lots 3 and 4 to be known as Lot 4B of the Lot Consolidation of Lots 3 and 4 Crystal Lakes 13th Filing and the vacation of the 20-foot utility easement located on the common lot line subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 1, 2006, or this approval shall be null and void.

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

3.   The vacation of the utility easement and the consolidation of the lots shall be finalized at such time when the Findings and Resolution of the Board of County Commissioners is recorded.

 

2.  MILLER CREEK HEIGHTS LOTS 1-3 LOT CONSOLIDATION - #06-S2551: This request is to combine Lots 1-3 in the Miller Creek Heights Subdivision into one building lot.  It was a condition of approval for file #05-BOA0585 (Estes Setback Variance) that the applicant use the County’s Lot Consolidation process to consolidate the three lots of Miller Creek Heights Subdivision into one lot prior to applying for a building permit for either the dwelling or the garage.

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and The Larimer County Engineering Department Development Review Team.

The Larimer County Engineering Department has noted in their comments that they prefer that only one access be taken from Streamside Drive to the proposed consolidated lot.  Staff has included a condition of approval to address the Engineering Department’s request. 

The proposed Lot Consolidation for Lots 1 through 3 of the Miller Creek Heights Subdivision will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The Development Services Team finds that the request meets the requirements of the Larimer County Land Use Code and recommends approval of the Lot Consolidation for Miller Creek Heights Lots 1-3, subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 1, 2006, or this approval shall be null and void. applicant

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

3.   Only one permanent access shall be taken from Streamside Drive with a separate access to be used solely for parking a recreational vehicle.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Items 1 and 2, as presented on the Consent Agenda and outlined above.

Motion carried 3-0.

 

3.  SHIELDS/LAFARGE APPEAL - #06-G0107:  This is a request for Board of County Commissioners acceptance of The City of Fort Collins decision/determination to not require annexation and allow development review to occur in the County.

The applicant/land owner is proposing to pursue the mining of sand and gravel on this parcel.  The parcel is located in the GMA overlay district for Fort Collins and is contiguous to the City limits.  However the contiguity is only at a single point.  The City has indicated that due to the single point of contiguity annexation is not feasible, at this time.  They do indicate that they wish to have an annexation agreement as a part of any development approval and further indicate that they have no issue with a development application being processed and reviewed by the County.

Section 4.2.1.D.2.d of the Larimer County Land Use Code (see below in italics) specifically provides for a property owner or applicant to request that the Board of County Commissioners accept the determination of the City to not annex at this time.  The applicant Lafarge is intending to submit an application for Special Review to mine sand and gravel at this site.  The County staff has no conflict in processing the application if it is submitted to the County for review.  There are city neighborhoods in the area however, which will necessitate involving city staff to advise how the application would be processed if in the City.  The property is also identified as being a site of “commercial mineral resource”, which designation requires the mining of the site prior to the approval of any other development. 

2.  The county may accept applications for rezoning, special review or planned land division where:

a.  The subject parcel(s) has no contiguity to the municipal limits; or

b.  The municipality denies the petition for annexation for reasons other than those stated in subsection D.1.c(1) or (2) above; or

c.  The applicable supplementary regulations authorize the county to accept the application for rezoning, special review or planned land division.

d.  In lieu of a denial of annexation by the municipality, the county commissioners accept the written determination by the designated representative of the municipality that the subject property owner(s) need not apply for annexation.

 

Development Services Team findings are as follows:  The property owner/applicant has submitted a request to the staff for the Board of County Commissioners to accept the determination of the City to not require annexation, at this time, of a parcel which is contiguous to the city limits of Fort Collins.  However, the parcel is only contiguous at only a single point and, therefore, cannot be annexed at this time.  The County staff is able to process and is familiar with the type of application due to be submitted, which is a Special Review to permit mining.  The site is also a designated commercial mineral resource which requires mining prior to any other development.

The Development Services Team recommends the Board of County Commissioners accept the determination of the City of Fort Collins to not require annexation of this parcel, prior to accepting and processing an application for development of this site. 

Mr. Helmick explained that all appeals are placed on the agenda in order to make sure the Board is aware of the circumstances and to give the public the opportunity to voice their opinions.  Mr. Helmick noted that staff supports the appeal, but cautioned that there are numerous lots to the west of the site and, as a result, there may be a large number of citizens in attendance at the public hearing.

Eric Reckentine, representative for Lafarge West Inc., and Tetra Tech RMC Consultant, Lauren Light, had no comments other to say that they are in agreement with staff. 

There was no public comment on this item.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners accept the determination of the City of Fort Collins allowing the County to accept and process an application on the Shields/Lafarge parcel. 

Motion carried 3-0.

 

The hearing adjourned at 3:10 p.m.

 

 TUESDAY, MAY 2, 2006

 

ADMINISTRATIVE MATTERS

(# 49 & 51)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were:  Bob Keister, Deni LaRue, and Donna Hart, Commissioners Office; Wynette Cerciello, Human Resources Department; Casey Stewart, Planning Department; Gary Buffington, and K-Lynn Cameron, Parks and Open Lands; Larry Abrahamson, and Linda Coxen, District Attorney's Office;  Jim Reidhead, Rural Land Use Center; Marc Engemoen, Public Works Division; Dale Miller, Road and Bridge Department; Mark Peterson, and Jerry White, Engineering Department; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Beverly Weber addressed the Board regarding the value that libraries add to communities.  She requested the Board to host a joint meeting with the Fort Collins City Council so the public can voice their opinions on forming a Library District.  Ms. Weber also asked that the issue be added to the November ballot for voters to ultimately decide on this issue. 

 

Ben and Carolyn Redding addressed the Board regarding the Bridge Replacement/Road Realignment Project for County Road 38E.  Overall they were pleased with several of the options presented to them. Ms. Redding did address a couple of concerns and hoped that the decision made by the Commissioners would have minimal impact on the environment, and that the new plan would not increase speed limits in the area.

 

An employee then requested an Executive Session with the Board in order to discuss a personnel matter.  (Tape #50.)

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session, to discuss a personnel matter based on an employees request, as outlined in 24-6-402(4)(f) C.R.S.

Motion carried 3-0.

 

The Executive Session ended and no action was taken.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 24, 2006

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 24, 2006, as presented.

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF MAY 8, 2006:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 2, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  Francis L. Muniz; John Walz Enterprises Inc.; Bank of the West; Amerimax Building Products Inc; Ear Nose and Throat Assoc.; George R. and Vicky D. Ferrell.

 

05022006A001           EIGHTH JUDICIAL DISTRICT PROBATION DEPT AND LARIMER COUNTY DEPT OF HUMAN SERVICES PURCHASE AGREEMENT FOR HB 04-1451 DRUG LEVEL ONE SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE STATE OF COLORADO JUDICIAL DEPARTMENT

05022006A002           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR MAGIC SKY RANCH SPECIAL REVIEW BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND GIRL SCOUTS MILE HI COUNCIL

05022006A003           GRANT AGREEMENT BY AND BETWEEN THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

05022006A004           WORKFORCE DEVELOPMENT MASTER CONTRACT BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS, OFFICE OF WORKFORCE DEVELOPMENT AND LARIMER COUNTY WORKFORCE CENTER

05022006D001           DEED OF DEDICATION BY LARIMER COUNTY TO CITY OF LOVELAND

05022006R001           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

MISCELLANEOUS:  Coyote Ridge Final Plat, and Amended Plat of Lot 9 Centennial Hills Subdivision and of Lots 2 and 3 of the Replat of the Amended Plat of Lots 6, 7 and 8.

 

LIQUOR LICENSES:  The following license was both approved and issued:  Glen Echo Resort – Hotel and Restaurant – Bellvue.  The following licenses were issued:  Boys and Girls Club of Larimer County – Special Event Permit 6% - Fort Collins; Medieval Works USA – Special Event Permit 6% - Fort Collins.

 

Motion carried 3-0.

 

5.  BUILDING 287 SIGN APPEAL:  Mr. Stewart explained that the owners of the property located at 6712 S. College Ave. would like to erect a monument sign along with multiple building-mounted signs for the businesses on the property.  The proposed monument sign would significantly exceed the height and size limits currently in place for monument signs.  Mr. Stewart requested that the Board refer the application to the Planning Commission for review.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve referring the Building 287 Sign Appeal to the Planning Commission for review and recommendations.

 

Motion carried 3-0.

 

6.    REQUEST TO ADD ADDITIONAL FTEs FOR DISTRICT ATTORNEY’S OFFICE:  Ms. Coxen and Mr. Abrahamson addressed the Board and explained that due to an ever increasing caseload, additional staff is essential to meeting the statutory obligations of the District Attorney’s Office.  This request was for approximately $235,000 to cover salaries and benefits.  This money would be used to fund: 1 Department Specialist, 1 Deputy District Attorney, .5 Senior Deputy District Attorney, .35 Legal Sec. II, .5 Investigator, and 1 Investigator Technician/Evidence Specialist.  Chair Gibson stated that a need for additional employees could have been predicted earlier, and that these needs should have been addressed during the previous budget cycle.   Commissioner Wagner agreed that this request was out of sync with the budget process and it was important to look at the total picture of funding different departments down the road.  Mr. Keister stated that there are no additional dollars to add FTEs to any department at this time.  The Board took no action on this item.

 

7.    REVIEW AND DISCUSSION OF OPEN LANDS DISPOSITION PROCESS AND EVALUATION CRITERIA:  Ms. Cameron and Mr. Buffington addressed the Board and explained the potential guidelines to be used as a tool in determining properties that may be suitable and appropriate for disposition or trade initiation.  A 13-step flow chart was presented to outline the process.  Commissioners Wagner and Rennels questioned several aspects of the process and all Commissioners agreed that it would be better suited for only assessing Red Mountain Ranch.  Commissioner Wagner suggested that it could also be used as a template for other areas should this need arise in the future.

 

8.    REQUEST TO AMEND THE DEVELOPMENT AGREEMENT OF THE BUCKHORN RANCH RURAL LAND USE PLAN:  Mr. Reidhead informed the Board of a request to amend the Development Agreement of the Buckhorn Ranch RLUP 99-RLP0033 to conform to the procedures outlined in the RLUP Standards, and receive approval of the proposed amendment. 

 

M O T I O N

 

Commissioner Wagner moved to approve the First Amendment to the Development Agreement and Residual Land Use Restrictions for Buckhorn Ranch RLUP 99-RLP0033.

 

Motion carried 3-0.

 

05022006A005           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR BUCKHORN RANCH RLUP BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FRIENDLY VALLEY, LLC, AND BUCKHORN HOMEOWNERS ASSOCIATION

 

9.    REPORT ON OPEN HOUSE FOR THE COUNTY ROAD 38E:  Mr. Engemoen and Mr. Peterson discussed the proposal to replace two bridges on County Road 38E which are narrow and load restricted.  They presented a recommendation for realignment of the roadway to improve the safety of the road.  Mr. Engemoen explained that they hosted an open house regarding these topics, which gave the public opportunity to participate in the final design process.  He explained that only a handful of citizens attended the open house, but those in attendance were in favor of the recommended design as outlined in the proposal. 

 

M O T I O N

 

Commissioner Rennels moved to approve proceeding with the final design and construction of the bridge replacement and road realignment as proposed.

 

Motion carried 3-0.

 

10.   WORKSESSION:  Mr. Lancaster gave a detailed report regarding inmate conditions at the Larimer County Detention Center.  He provided statistics based on the percent of inmates who are non-resident immigrants versus illegal immigrants. Mr. Lancaster stated that he will include routine updates of this nature during future worksessions.

 

11.   COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week. 

 

12.   LEGAL MATTERS:  There were no legal issues to discuss.

 

Ms. Cameron requested the Board go into Executive Session for purchase acquisition discussion.  (Tape #50.)

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for the purpose of purchase acquisition, lease, transfer, or sale of any real personal property interest, as outlined in 24-6-402(4)(a) C.R.S.

Motion carried 3-0.

 

The meeting adjourned at 11:30 a.m., with no further action taken.

 

 

    __________________________________________

                        GLENN W. GIBSON, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk