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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JULY 24, 2006

 

LAND USE HEARING

(#86)

 

 

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Matt Lafferty, Planning Department; Matt Johnson, Engineering Department; Doug Ryan, Environmental Health Department; Tom Garton, and Karlin Goggin, Building 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 Item 1 was on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  FAIRWAY ESTATES 3RD FILING LOT 59 AMENDED PLAT AND RIGHT-OF-WAY VACATION 06-S2587:  This is a request to vacate a portion of the Hogan Drive right-of-way that is situated along the west and south sides of Lot 59 in the Fairway Estates 3rd Filing Subdivision. The Fairway Estates 3rd Filing, which was recorded in 1965, provided connectivity to the undeveloped adjacent properties, via Hogan Drive.  However, when these adjacent properties were developed, the Hogan Drive right-of-way extension was never utilized. Therefore, an un-utilized dead end right-of-way has remained for many years.

 

The property owner that the subject right-of-way abuts is seeking to make building additions to the existing residence and the un-utilized right-of-way conflicts with these additions.  Therefore, the request is to vacate all un-used portions of the Hogan Drive right-of-way and add the vacated portions to Lot 59.  Additionally, the applicant will plat a 40 foot cul-de-sac at the end of Hogan Drive to meet minimum standards for a turn around.

 

This application was forwarded to the appropriate departments and agencies for comment.  The responses from the majority of groups reveal that there are no issues of concern

 

The Development Service Team recommends that the Board of County Commissioners approve of the Hogan Drive right-of-way Vacation and Lot 59 of the Fairway Estates 3rd Filing Amended Plat, subject to the following condition and authorize the Chair to sign the plat when conditions are met and the plat is presented for signature:

 

1.    The Final Plat must be recorded by December 24, 2006, or this approval is null and void.

 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Consent Agenda, as outlined above.

 

Motion carried 2-0.

 

2.  BLUFF LANE ADDRESSING APPEAL - #06-S2586:  This is an appeal from the residents of Bluff Lane to retain the addresses as assigned and not change them in accordance with the addressing resolution and staff recommendations.

 

As part of the Rural Addressing System, staff is proposing changes to existing addresses on Bluff Lane in Loveland.  During the analysis of this area, Bluff Lane was found to have sequential numbering and parity inconsistencies in accordance with the adopted addressing resolution.  Bluff Lane intersects with County Road 23 and the point of origin for the road is an east/west running road.  The numbers as you enter begin in the 5600 range and increase systematically until the road makes a turn, then the numbers sequentially get smaller.  This fluctuation in the address range is the reason for the Rural Addressing System to propose changes.  Numbers must sequentially increase along the road as it continues and in this case they do not.

 

Bluff Lane is located in what is known as the Loveland area grid system for addressing numbers.  Basically there are two addressing methods, one is distance/integral addressing and the other is grid system addressing.  Grid system addressing is most common in more urbanized areas and subdivisions.  In the case of The Bluff’s at Pregel’s Farm the grid system addressing is the method used.  With using the grid system, address ranges are established running east/west and north/south and parity is followed with odds on the north and west; evens on the south and east. 

 

In review of the road Bluff Lane, the point of origin for the road is at County Road 23.  This point of origin creates an east/west running road.  The road then makes a directional turn and runs north for a short distance serving several lots.  The current alignment and current use of one road name as a continuous road, requires the numbers to sequentially increase for the duration of the road segment.  The point of origin has addresses starting in the 5600 range and increasing up to the 6200 range.  Then at a directional change, the numbers start in the 4100 range and end in the 3800 range.  The numbering is not sequential with this being a continuous road and does not meet the sequential numbering intent.

 

Staff determined that according to the resolution, at the bend of the road this could be referred to as a turn that requires a new road name.  It was the determination of staff that retention of the road name would be more critical to owners, thus the decision was made to retain the road name, but in order to get proper sequential numbering from the point of beginning, the numbers need to change and resolve the sequential number issue as well as sustain consistency and logic in the road numbering.  Larimer Emergency Telephone Authority (LETA), a funding project sponsor, agrees with the county determinations and the need for re-addressing.

 

The appellant states that the current neighborhood numbering system meets the standards for parity, consecutive numbering, and Loveland grid system standards.  The appeal claims that the address of 6205 Bluff Lane prompted the limited confusion in addressing along Bluff Lane.  The appellant is seeking that no action be taken to remedy the addresses along Bluff Lane and that addresses should remain as currently assigned.  Staff has found the contrary in that consecutive numbering, parity, and grid system addressing is not followed for this being one continuous road segment.

 

Staff’s recommendation is to deny the request from the Bluff Lane resident(s) and Homeowners Association (HOA) based upon the following:

                       

1.   LETA and the County have funded monies toward this project to ensure a systematic addressing system is achieved and without re-addressing this road the intent of the Resolution is not met.

2.   The purposes of the Site Addressing and Road Naming System is to provide property owners, the general public, and Larimer County with an accurate and systematic means of identifying and locating property.  This includes the modification of address numbers on existing addresses and change road names as part of administering the resolution and addressing standards when found to be inconsistent.  The county is to establish a system of unique and consistent road names and address points while providing efficient public services and response.

3.   LETA in response to this appeal fundamentally requests that addressing be sequential for the duration of the road segment.  In this case, LETA finds the current addresses to be confusing.  Emergency responders and delivery services whom are looking for a lower numbered address may not continue for the duration of the road as the first 5 properties have addresses sequentially getting larger.  For example, when looking for 3930 Bluff Lane, driving past 5608, then 5714, then 5828, will likely make providers turn around and go back looking for the smaller range of numbers, wasting precious time for all parties.

4.   By allowing this appeal and exempting this area or creating any area as an exception to the Rural Addressing System, it would be negating the efforts to create a logical, systematic, and consistent addressing schemes in Larimer County.  Creation of such “pockets” will only hinder this project, increase the potential for similar appeal pursuits, and disrupt the guiding principals and intent for improvement as requested by funding providers.

 

Staff recommended the following two options, with option number 1 being the most preferred:

 

1)    Accept the change of address numbers to a sequential numbering scheme with addresses starting in the 5600 range and increasing according to the east/west grid system designation.  This allows the road to continue to be one continuous road name with sequentially increasing numbers

            OR

2)    Rename the road segment a unique, non-duplicated road name at the point of the 4100 block where the road makes a bend.  With this change, eight properties would incur an address change to the new road name and no longer be called Bluff Lane, with 4 of the 8 incurring a number change as well due to non-sequential numbering.

 

Mr. Garton briefly explained the appeal as outlined above.  Ms. Goggin presented maps depicting the current addresses and proposed addresses for the residents of Bluff Lane, and explained the options proposed by staff.

 

Chair Gibson opened the hearing up for public comment and Kenneth Wood addressed the Board.  Mr. Wood stated that he was representing the Bluff's Lane Homeowners Association, and he asked some questions of staff for clarification, such as whether or not the addresses on Pregel Court would be affected.   Ms. Goggin stated that the addresses on Pregel Court would not be affected.  Mr. Wood presented some options in which the number of affected owners would be less than what staff is proposing.   Cindy Weishel, resident of Bluff Lane, stated that she saw no reason to change any addresses.  Ms. Weishel explained that the addresses have been in existence and were created as they are, and she recommended that the addresses remain the same.  Chair Gibson closed public comment.

 

Discussion ensued and the Board agreed that sequential numbering was an important goal of the Rural Addressing System project; however, they noted that in this instance it would be prudent to remove this item from further discussion, with direction to staff to gain input from the residents of Bluff Lane, and explore further options, in addition to those presented by staff today.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners remove the Bluff Lane Addressing Appeal, File #06-S2586, in order to present options to the citizens of Bluff Lane and give them the opportunity to comment. 

 

Motion carried 2-0.

 

The hearing recessed at 3:50 p.m.

 

 

LAND USE HEARING

(#86)

 

 

The Board of County Commissioners reconvened at 6:30 p.m. with Larry Timm, Planning Director.  Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Frank Lancaster, Commissioners' Office; Doug Ryan, Environmental Health Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  SPECIAL DISTRICT SERVICE PLAN REVIEW RESOLUTION:  Title 32 of the Colorado Revised Statutes requires the person(s) intending to form a special district to submit a Service Plan to the Board of County Commissioners of the county in which the district is proposed.  The initiator is statutorily required to include specific information in the service plan and such additional information as may be required by the Board of County Commissioners.  The Board of County Commissioners is authorized to review the service plan, hold a public hearing thereon and pursuant to statutory criteria may either approve, disapprove or conditionally approve the service plan. 

 

The purpose of this proposed resolution is to specify supplemental submittal requirements and procedures for reviewing proposed special district service plans.  This would enable the County to conduct a more complete analysis of any special district service plans that may be submitted in the future.

           

The resolution:

 

  1. Provides the opportunity for County staff to give feedback to potential applicants prior to formal submittal of a service plan.  This could help to improve a service plan and thereby increase the likelihood of approval;

 

  1. Spells out policies of the County regarding the formation of new special districts, thereby providing guidance to potential applicants:

 

  1. Provides a clear service plan submittal and review process;

 

  1. Clarifies what is considered a “complete” service plan and that the timetable for County review does not begin until the service plan submittal is complete. Having a complete service plan aids the county in its review process.

 

  1. The additional information that may be asked for can help the County make a more informed decision about the service plan.

 

Cons: 

            Some applicants may want to submit a proposed service plan without having to wait for a          determination that the service plan is “complete” or not.

 

Mr. Timm explained the proposal as outlined above, and presented a memorandum from Roger Morgan and an e-mail from Doug Ryan, both of whom support approval of the resolution. 

 

Commissioner Wagner suggested rewording one section by changing the word "disputes" to "issues" on page 3 of the resolution.  The Board agreed this was a more appropriate term to be used.

 

There was no public comment on this item.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Special District Service Plan Review Resolution, dated May 9, 2006.

 

Motion carried 3-0.

 

07242006R001           SPECIAL DISTRICT SERVICE PLAN REVIEW RESOLUTION

 

The hearing adjourned at 6:45 p.m.

 

 

 

ADMINISTRATIVE MATTERS

(#87 & 88)

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Gibson presided, and Commissioners Wagner and Rennels were present.  Also present were: Deni LaRue, and Donna Hart, Commissioners Office; Kathy Snell, Department of Health and Human Services; Larry Timm, Planning Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 17, 2006

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of July 17, 2006.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 31, 2006Ms. 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 July 25, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved: Division Seven Systems; and Rick L. and Sally A. Brent.

 

07252006A001           CONTRACT FOR CONSULTING SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND GROUP3 PLANNERS, LLC

 

07252006A002           2006 RURAL LARIMER COUNTY TRANSIT SERVICE (LOVELAND) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE CITY OF LOVELAND

 

07252006A003           2006 RURAL LARIMER COUNTY TRANSIT SERVICE (NORTH COUNTY-FORT COLLINS) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE CITY OF FORT COLLINS

 

07252006A004           2006 RURAL LARIMER COUNTY TRANSIT SERVICE (BERTHOUD) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE TOWN OF BERTHOUD

 

07252006A005           CONSTRUCTION CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND MOUNTAIN CONSTRUCTORS, INC.

 

07252006A006           SECOND ADDENDUM TO DEVELOPMENT AGREEMENT FOR HAY WAGON P.D. BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND PRAIRIE TRAILS HOMEOWNERS ASSOCIATION

 

07252006A007           ADDENDUM FOR PROJECT NO. 235 RECONSTRUCTION OF COUNTY ROAD 21 FROM CR 14 TO CR 18 BETWEEN COULSON EXCAVATING AND LARIMER COUNTY

 

07252006D001           DEED OF DEDICATION BY ALLEN P. AND CLETA G. KNIESE FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

07252006D002           DEED OF DEDICATION BY PEGGY F. GARCIA FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

07252006D003           DEED OF DEDICATION BY TERRANCE B. CAIRNS AND INARA A. RUDMANIS FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

07252006D004           DEED OF DEDICATION BY JOSEPH S. GLASS AND DANIEL A. GLASS FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

MISCELLANEOUS: CDHS, State Contract for Services Certification Statement Regarding Department & Suspension.

LIQUOR LICENSES:  The following licenses were approved and issued: Bohemian Cottage Restaurant – Hotel and Restaurant – Loveland; Sol’s Long Branch Saloon – Tavern – LaPorte; Villa Tatra – Beer and Wine – Lyons.

 

Motion carried 3-0.

 

5.  AUTHORIZATION FOR NEW LIMITED TERM MANAGEMENT ANALYST POSITION FOR HEALTH AND HUMAN SERVICES:  Ms. Snell addressed the Board and explained that one employee from the Department of Health and Human Services will be leaving, and that position will need to be filled by the middle of August.  The department has recently taken on major duties for paratransit and community corrections programs which requires the need for one more employee.  It is not clear that funds will be available for a permanent position at this time, but they are available for a minimum of one year.  Ms. Snell requested the authorization of a limited term management analyst position for Health and Human Services.  She emphasized that funds are currently available and no additional money will be needed to fill this position for the one year term.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve a limited term Management Analyst position for Health and Human Services.

 

Motion carried 3-0.

 

6.  WORKSESSION:  Mr. Timm addressed the Board and discussed the outcome of the most recent rural addressing work session.  He explained three options for the signs that were presented at the previous meeting.  Discussion ensued between Mr. Timm and the Commissioners regarding aspects of each option. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve Option 2 for signage, which states that green with white letters will be the standard for Ranges 68 & 69, but in Ranges 70-78 make the standard a brown metal sign with reflective white lettering.

 

Motion carried 3-0.

 

7.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week and Commissioner Rennels talked about the potential implementation of a Larimer County Gang Unit.  Discussion between Mr. Lancaster and the Commissioners ensued.

 

8.  LEGAL MATTERS:  Ms. Haag addressed the Board and presented an overview of the new Zoning Enforcement Statute.

 

Executive Session (affidavit provided)

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session 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 Executive Session ended at 12:15 p.m. with no action taken.

 

 

 

PUBLIC IMPROVEMENT DISTRICT (PID)

HEARING FOR BRUNS SUBDIVISION

(#88 & #89)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rex Burns, Project Engineer.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were: Linda Sanders, Engineering Department; and Kristen Romary, Deputy Clerk.

 

Mr. Burns explained that the Bruns Planned Unit Development (PUD) is located North of County Road 30, and east of Highway 287.  There are 25 parcels currently included in the potential PID.  The proposal is to raise $85,000 in revenue the first year with a mill of 104.222.  For years two and three, they plan to raise $20,000, with a mill of 24.523.  Then, from year four forward, the proposal is to raise $10,000 with a mill levy of 12.261.  This averages out to $400.00 per lot.  After sending out notices of the public hearing, staff received no written comments regarding the creation of the Public Improvement District.  The Engineering Department received a petition signed by 63.8% of the owners in the Bruns PUD, and 15% more votes were added at the hearing, making the total percentage of approval 78.8%.  Mr. Burns stated that the Homeowners Association has been preparing for the creation of the PID, and has raised $50,000 over the last few years.  The money saved will be returned to the home owners and used for the first year’s payment of the mill. 

 

Ms. Sanders explained that if the PID passes, an advisory board will be created and appointed by the County Commissioners.

 

Chair Gibson opened up the hearing for public comment and the following residents addressed the Board:  Jean Phillips, Jimmy Phillips, Jim Alexander, Patrick Eitenbichler, and Craig Carpenter.  Mr. Alexander voiced one concern he had regarding the traffic on their street.  He stated that several years ago a school was built at the end of their road, and an agreement was made that the school would use an alternate route for buses.  However, this has not been the case, and not only is there bus traffic, but student pick-up and drop-off traffic throughout the day as well.  He feels as though he shouldn’t be responsible for the entire upkeep of the road if there is more than neighborhood traffic causing wear and tear on the street.  He asked the Commissioners if it was possible to obtain a vacation of the road, but Commissioner Rennels said that it would be very difficult to do so.  Commissioner Rennels suggested that the residents of Bruns PUD search for an agreement of record, and she encouraged them to research the potential for County assistance as well.  She also made it a point to explain that the County has no jurisdiction over the school district.  Chair Gibson stated that he would research the possibility of an agreement between the school district and the residents of the Bruns PUD.  All of the residents of the Bruns PUD who were present at the hearing voiced similar concerns regarding the school’s traffic on their road. 

 

Chair Gibson closed public comment.  The Commissioners thanked the citizens for their efforts and encouraged them to vote on this issue in the upcoming November election. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners adopt the Resolution Approving Petition for the Organization of Larimer County Bruns Public Improvement District No. 35.

 

Motion carried 3-0.

 

07252006R001           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY BRUNS PUBLIC IMPROVEMENT DISTRICT NO. 35

 

The hearing adjourned at 7:05 p.m.

 

 

 

  __________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk

 

 

___________________________________

Kristen Romary, Deputy Clerk   

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.