> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/11/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, SEPTEMBER 11, 2006

 

LAND USE HEARING

(#109 &#110)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioner Wagner was present.  Also present were: Candace Phippen, Building Inspection; Matt Johnson, Engineering Department; K-Lynn Cameron, and Ernst Strenge, Parks and Open Land; Matt Lafferty, Samantha Mott, Sean Wheeler, Russ Legg, and Porter Ingrum, Planning Department; Dave Shirk, Estes Park Community Development Department; Bob Joseph, Estes Park Planning Department, Dale Miller and Drew Davis, Road and Bridge; Jeannine Haag, Assistant County Attorney; and Kristen Romary, 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 through 3 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  RENNELS MINOR LAND DIVISION - #06-S2576:  This is a request for a Minor Land Division which proposes to divide an 8.15 acre commercially zoned property into two lots.  The smaller of the 2 lots will be 2.3 acres in area, and will contain the existing commercial structures/uses on the property, while the other lot will be 4.36 acres in area and will remain vacant until a development application is approved for use of the property.  The 1.49 acre difference between the overall acreage and the final lot sizes discussed above is due to the dedication of right-of-way for County Roads 54G and 19.

The subject property is accessible from both County Road 54G and County Road 19. The existing commercial buildings are accessible from County Road 54G.  The property is currently zoned C (Commercial), and is situated in the LaPorte Planning Area, whose plan anticipates future commercial uses on the property.  As previously noted, Lot 1 will remain vacant until a development application is approved by the County Commissioners.

Referral comments from the Engineering Department indicate that County Roads 54G and 19 are classified as a minor collector, whose road classifications require a 120 foot right-of-way for the full width of the right-of-way and 60 feet for the half-width. The proposed Minor Land Division illustrates and will be dedicating the appropriate amount of right-of-way for these roadways. Additionally, the technical comments received from Dale Greer of the Larimer County Engineering Department dated May 22, 2006, will need to be addressed before the recordation of the MLD Plat.

The applicant has submitted a signed Utility Checklist, as required, which indicated that the utility providers in this area have no objections to this application.

The Rennels Minor Land Division, as proposed, complies with the Review Criteria of Section 5.4 along with all other applicable standards of the Larimer County Land Use Code, and should not present any compatibility issues with the surrounding properties and uses.  As discussed earlier in this report, Lot 1 of the Rennels Minor Land Division will remain vacant until an appropriate development review application has been submitted and approved by the Board of County Commissioners, and the condition shall be noted on the final plat before it is recorded.

 

The Development Services Team finds:

1.   The property for the proposed Rennels Minor Land Division is not part of any approved or recorded Subdivision, Conservation Development, Planned Land Division, Rural Land Plan or Planned Unit Development.

2.   The property for the proposed Rennels Minor Land Division is not part of any Exemption, Minor Residential Development or Minor Land Division.

3.   The Lots created by the proposed Rennels Minor Land Division will meet the minimum lot size required by the C (Commercial) zone district.

4.   Access to the property will comply with current standards as set forth by the County Engineering Department.

5.   The Rennels Minor Land Division will not result in impacts greater than those of existing uses surrounding the property.

 

The Development Services Team recommends approval of the Rennels Minor Land Division subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

  1. All conditions shall be met and the Final Plat recorded by March 11, 2007, or this approval shall be null and void.
  2. Lot 1 of the Rennels Minor Land Division shall remain vacant until such a time when an appropriate development review application has been approved by the Board of County Commissioners.  This condition shall also be noted on the Rennels Minor Land Division Plat before it can be recorded.
  3. The referral comments from Dale Greer of the Larimer County Engineering Department, dated May 22, 2006, shall be addressed before the MLD Plat is recorded.

 

2.  MCDONOUGH MINOR RESIDENTIAL DEVELOPMENT #2 TRACT 1-2 AMENDED PLAT - #06-S2607:  This is a request for an Amended Plat of Tract 1 of the Amended Plat of Tract 2 of the McDonough MRD #2 No. 95-EX0741, to reconfigure an MRD parcel by adding a small portion of an adjacent metes & bounds parcel.

The subject parcel was created by an Amended Plat of an MRD lot in 2004 (Amended Plat of Tract 2, McDonough MRD #2 No. 95-EX0741).  The current owner of the property is purchasing a 2.67 acre portion of an adjacent parcel.  This Amended Plat request is to add that 2.67 acre piece to the existing lot.  The adjacent metes & bounds parcel will be reconfigured by a Boundary Line Adjustment in conjunction with this request (refer to Judith E. Folley Living Trust and David McDonough Living Trust Boundary Line Adjustment, File # 06-S2612).

There have been no objections to this proposal from 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; The Larimer County Engineering Department Development Review Team; The Larimer County Addressing Coordinator, Planning & Building Services Division; Dale Greer, Land Surveyor of the Larimer County Engineering Department, identified several required corrections to the plat.

The proposed plat amendment to add a portion of a metes and bounds parcel to Tract 1 of the Amended Plat of Tract 2, McDonough MRD #2 No. 95-EX-0741, will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  The staff finds that this request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Amended Plat of Tract 1 of the Amended Plat of Tract 2, McDonough MRD #2 No. 95-EX-0741, and a Portion of Section 13 Township 5 Range 68, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

  1. All conditions of approval shall be met and the Final Plat recorded by February 28, 2007, or this approval shall be null and void.
  2. Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, in his letter dated August 24, 2006.
  3. Prior to recordation of the Final Plat the applicant shall make the changes to the plat as required by Samantha Mott, Planner I of the Larimer County Planning Department, in her letter dated August 23, 2006.

 

3.  GARDELS GRAVEL PIT SPECIAL REVIEW - #05-Z1541:  This is a Special Review request to operate a sand and gravel mine on 50.14 acres located within the Loveland Growth Management Area.  This item was on the consent agenda for the Planning Commission and did not generate any discussion.  Members of the Planning Commission voted in favor of the request and the recommendations provided by Staff, without changes or additions.

The Planning Commission recommends approval of the proposed Gardels Pit Special Review with the Conditions of Approval provided by the Development Services Team as follows:

  1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.  Mining activities shall be completed within three years from the start of operations.
  2. The Site shall be developed consistent with the approved plan and with the information contained in the Gardels Gravel Pit Special Review (File #05-Z1541) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Gardels Gravel Pit Special Review.
  3. The applicant shall execute a Development Agreement to be signed by the Board of County Commissioners and recorded with the Larimer County Clerk's Office, before the commencement of any excavation activities and no longer then 1 year of the date of approval.
  4. No operation of the quarry shall occur at any time on weekends, or County recognized weekday holidays.  Monday through Friday hours of operation are limited to the times between 7:00 a.m. and 5:00 p.m., to include the time for equipment warm-up and staging. Additional operations during the same hours on Saturday are allowed prior to occupancy of the first residence in that portion of the Garden Gate Subdivision south of the Greeley Loveland Canal.
  5. County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.
  6. The applicant must identify all wetland areas on site and provide a Wetlands Mitigation Plan for all disturbed wetland areas, for review and approval by Planning Staff prior to commencement of any activity in the wetland areas.  The final site plan shall also identify wildlife habitat areas on or immediately adjacent to the site, and include a 100-foot setback line from these areas.
  7. The applicant must provide a fencing plan for screening between the use and the residential areas, to be reviewed and approved by Planning Staff.  Fencing must be installed prior to commencing any excavation activities at the site.
  8. Reclamation shall begin as soon as possible after the completion of mining activities in each 10-acre section and no later than the start of the next growing season.
  9. The applicant shall comply with requirements contained in the September 29, 2005 memo from the County Department of Health and Environment:

a.   To limit impacts on the adjacent residential area, mining shall begin with the west pit and move to the east.

b.   Electric grid power shall be used for the dewatering pumps in order to limit noise from diesel generators.

c.   The operations shall be conducted in compliance with the Ordinance Concerning Noise Levels in Unincorporated Larimer County.

d.   Noise mitigation measures identified in the noise mitigation plan shall be implemented in conjunction with the operation of the mine.

e.   State air emission and stormwater discharge permits shall be maintained during the mining and reclamation operations, and shall be complied with during each of these phases.

  1. The applicant shall comply with all requirements of the County Engineering Department outlined in their comments dated October 24, 2005:

a.   The applicant shall provide for the payment of all required fees including the Transportation Capital Expansion Fee.  The applicant must also pay a Drainage Fee to be calculated by the Engineering Department within 60 days of their approval.

  1. Operator shall provide the Larimer County Planning Department a copy of their annual report to the State that details overall compliance with the stormwater management plan and a copy of the annual report required by the State MLRB.
  2. No parking, loading or unloading of any vehicles is allowed in the County right-of-way.
  3. Trucks shall not back onto or use the County Road for a turnaround.
  4. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks.
  5. The applicant is responsible for prompt and complete removal of material spilled onto the County roadway.
  6. The applicant will meet with the Platte River Power Authority (PRPA) and provide a signed letter stating they have addressed PRPA’s concerns regarding the legal status of utility easements on site and other issues they have with the quarry.
  7. The applicant shall provide a signed Agreement to Annex with the City of Loveland.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve Items 1 through 3, as listed on the Consent Agenda and outlined above.

Motion carried 2-0.

 

4.  EAGLE ROCK SCHOOL TRAIL EASEMENT APPEAL (TABLED FROM AUGUST 21, 2006):  The Eagle Rock School received a conditional rezoning in 1992.  The purpose of the rezoning was to allow for the construction of the Eagle Rock School in a “school section” of public land.  A condition of approval was that “an easement shall be described and granted for trails and trailheads to provide public access to adjacent National Forest Lands.”  The Eagle Rock School is currently in violation of this condition of approval.

The purpose of this condition was to allow hunter access through the property to help manage the elk population (refer to the letter from CDOW dated July 10, 2006).  This condition was not intended to mandate public hunting on the Eagle Rock property, which was formally owned by the public and has a history of public hunting and access to Eagle Rock.  Eagle Rock School desires to amend the original conditions of approval to eliminate the condition to dedicate a trail easement through the property.  This issue was discovered when the Eagle Rock School approached Community Development Staff about the potential to expand the campus to include additional staff dwelling units.

Section 4.3 of the Estes Valley Development Code (EVDC) states that “provision shall be made for pedestrian amenities and linkages in the residential zoning districts, including but not limited to, sidewalks, pathways and bikeways.” 

 

The EVDC continues “to the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining properties, unless the Estes Valley Planning Commission determines that such interconnections would have adverse impacts on open spaces, wetlands, sensitive environmental areas or other significant natural areas.” 

 

Based on this, the Estes Valley Planning Commission has the authority to require trail easement dedications with development of property.  Future development of the Eagle Rock School would require a trail easement, as has been required by development within the Estes Valley since the adoption of the Estes Valley Development Code.  Examples include the Worldmark by Trendwest property and Fall River Village resort developments.

 

Staff has submitted this request to various reviewing agencies.  In short, the Estes Valley Recreation and Park District, the North End Property Owners Association, and the Colorado Division of Wildlife have written letters opposing the removal of this condition.  An adjacent neighbor wrote a letter stating he would not allow access through his property, and the U.S. Forest Service has stated “no strong objection.”  In addition, Larimer County Open Lands Department recommends the original condition be maintained.

 

Staff recommends the Board of County Commissioners accept the Estes Valley Planning Commission recommendation to retain the original conditions of approval of the 1992 rezoning.  Furthermore, Staff recommends this condition be clarified with a specific timeframe for the trail easement dedication.

On Tuesday, July 18, 2006, the Estes Valley Planning Commission held a public hearing regarding this matter.  Based on the original condition of approval, letters from reviewing agencies, efforts by Rocky Mountain National Park to reduce the elk population, and the fact that this property was formerly public property, the Estes Valley Planning Commission voted unanimously to recommend the Board of County Commissioners retain the original conditions of approval of the May 18, 1992 rezoning.

Mr. Shirk, and Mr. Joseph presented information regarding the Eagle Rock School Trail Easement appeal, along with staff’s recommendations as outlined above.  Mr. Joseph established the need to uphold the 1992 agreement, and stated it was necessary to provide a means of access to National Forest land.

Jeff Winston, of Winston and Associates, addressed the Board and also provided a brief history of the property.  He mentioned that the applicants feel as though they are in compliance, and have provided the appropriate access needed to fulfill the agreement.  He stated several concerns about allowing uncontrolled access through the property which is used for education, recreation, and research purposes.  His concerns included a decrease in the aesthetic nature of the property, if a trail were to be added to the north.  He explained that many of the students at the Eagle Rock School come from objectionable backgrounds, and if hunters were allowed to continue to use guns on the property, there would be a very clear and present danger to both students and hunters.  Mr. Winston felt this would become a potential liability to the school.  

Chair Gibson opened the discussion to public comment, and Robert McCreery addressed the Board.  As a representative of the Board of Directors of the North End Property Owners Association, he requested that the Board uphold the decision made by the Estes Valley Planning Commission, and hoped that the historical trails would remain open and allow for public access.  Gary Matthews also addressed the Board, and as a volunteer who helps maintain mountain trails, hopes that the Board will hold Eagle Rock to their original agreement.

Richard Lyons, consultant for Eagle Rock, explained the need for a Certificate of Occupancy (C.O.) for a structure which will house staff members at Eagle Rock.  He requested that the Board allow staff to move into the building and be given time to go back to the Planning Commission regarding compliance with item 21 of the June 26, 1992 rezoning.

Commissioner Wagner explained that while Eagle Rock has met the technical aspects of many of the conditions presented by staff, they have not met the spirit of the project.  She feels as though the concerns of safety and aesthetics on the property are overstated, and she is confident that staff will build a trail that is beneficial to both parties involved.  Chair Gibson stated that he is not willing to hold up the authorization of the C.O. based on a decision made today, but was in agreement with Commissioner Wagner otherwise.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners retain the original conditions of approval of the May 18, 1992, rezoning of Section 16, Township 5 North, Section 72 West, as delineated in the Findings and Resolution, Reception number 92036460, with the trail easement to be reviewed and approved by the Estes Valley Planning Commission no later than December 2006, and recorded no later than January 31, 2007.  Also, the conditions of approval will be retained and future building permits and C.O.’s will not be released unless the trail condition is met, however, the current building permit will be issued. 

Motion carried 2-0.

 

5.  LARAMIE RIVER SHOP SITE MINOR LAND DIVISION/APPEALS - #06-S2605:  This is a request for a Minor Land Division to recognize a parcel created without Board approval and to then adjust two parcel boundaries to reflect uses (Shop-Lot 2; Residence-Lot 1).  The application includes a request for: 1. Lot size waiver pursuant to Section 5.4.3C for a public facility allowing for lots of 3.13 acres and 1.91 acres where there is a minimum lot size of 10 acres. 2. Appeals to the Larimer County Road Manual for the number and spacing of private accesses.  3. Appeal of the Minor Land Division Application Fee.         

The 5.03 acre property is located south of the intersection of County Road 103 and County Road 80C and is bordered by the Laramie River to the west.  The property currently contains a County operated road and bridge satellite maintenance facility as well as a single-family residence for employees of the Road and Bridge Department. The applicant requests approval of a Minor Land Division to create a legal parcel for a parcel that was illegally created.   Proposed Lot 2 is the illegal parcel which is currently 1.23 acres and is proposed to be expanded to 3.13 acres. Proposed Lot 1 is a legal non-conforming lot that is currently 3.85 acres and is proposed to be reduced to 1.91 acres with this application. This application also proposes to adjust the boundary line between the two parcels to reflect the different uses of the two parcels.  Appeals to the Larimer County Road Manual for the number and spacing of private accesses, Section 5.4.3C of the LCLUC for minimum lot size and an appeal of the Minor Land Division application fee are also requested with this application. 

 

The Engineering Department provided comments regarding transportation/access issues, drainage/erosion control issues.  Larimer County Road 103 is a minor collector road that requires a 100-foot right-of-way.  The existing and proposed right-of-way will need to be dedicated on the Final Plat.  The Engineering Department is also requiring that the accesses serving the two MLD lots meet access requirements as outlined in the Larimer County Access Policy.  The Health Department commented that the proposed MLD will not interfere with the existing improvements and they have no objections to the MLD.

The proposed Laramie River Shop Site Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code along with the recommended approval of the requested appeals/waivers. 

The Development Services Team recommends approval of the Laramie River Shop Site Minor Land Division and the appeals for minimum lot size requirements and from the number and spacing of private accesses as outlined in the Larimer County Road Manual. This recommendation of approval is subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

  1. Prior to the recordation of the MLD Plat the applicant shall address Engineering Comments #1 and #3 from Matt Johnson in the referral letter dated August 14, 2006. 
  2. All conditions of approval shall be met and the MLD Plat recorded by March 11, 2007, or this approval shall be null and void.

 

Mr. Davis addressed the Board and explained that with the creation of a new remote road maintenance facility, the applicants are attempting to bring the parcels into compliance by having Board approval of the MLD; and would like to resize the parcel so the land is more appropriately divided between residential and industrial use.  At this time, some discussion ensued among the Commissioners and the applicant regarding this issue.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Laramie River Shop Site Minor Land Division File application and requested appeals/waivers with the conditions recommended by staff.

Motion carried 2-0.

 

6.  ANDREWS BUILDING CODE VIOLATION - #05-BV0001:  Byron and Andrea Andrews own the subject property located in Section 11, Township 4, Range 73 outside the Estes Valley town limits but within the Estes Valley Development area.  Mr. Andrews was provided with proper notice of the hearing.  Due to health and other reasons, Mr. Andrews agreed to have this hearing conducted by telephone conference.

The owners of the property are in violation of the following sections of the Larimer County Land Use Code (LUC) and the 2003 International Residential Code (IRC) adopted by Larimer County:

Section 21.B (LUC):  “It is unlawful to  . . . erect, construct, reconstruct, remodel or improve any building or structure; or to alter or change the use of any real property or the improvements thereon without first obtaining all approvals required under this code and a building permit as required by the Building Code adopted by the county commissioners.”

Section 105.1 (IRC):  “Any owner . . . who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure . . . or to cause any such work to be done, shall first make application to the building official and obtain the required permit.”

 

By Virtue Of:

Occupying the residence on the property constructed under Building Permit 90-E6031 without a certificate of occupancy, making significant changes to the approved set of plans for the residence without required approvals, and building an addition to the residence without a building permit and required inspections.

Mr. Andrews agrees he is in violation of the Larimer County Land Use and Building Codes and also agrees to reach compliance with County regulations within six (6) months from the date of the hearing.  Staff has no objection to the six-month timeline as long as an inspection to be scheduled of Mr. Andrews’ home reveals no imminent life-safety issues present.  As this matter has been outstanding for a long period of time, staff requested the matter be heard before the County Commissioners in order to authorize legal action to enforce County regulations in the event the owners fail to reach compliance within six (6) months, and to make the owners’ agreement with the six-month deadline a matter of record.

Staff recommends the Board of County Commissioners find the owners are in violation of the Larimer County Land Use and Building Codes and the Commissioners authorize legal action if compliance with County regulations is not met within six months from the date of the hearing.  Ms. Phippen addressed the Board and explained the conditions of the Andrews’ violation as outlined above.  She stated that a recent inspection of the home had taken place, and there were no immediate health risks. 

 

Mr. Andrews participated in the hearing via phone conference, and explained that there were no excuses for why he was in violation of the LUC.  He said that he would absolutely be in compliance of the law, and would have no problem doing so within the six month time period.  He also stated that he would be willing to sign an agreement within 10 days of the hearing, documenting the outstanding violations. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners find the owners are in violation of the Larimer County Land Use and Building Codes by virtue of occupying the residence on the property constructed under Building Permit 90-E6031 without a certificate of occupancy, making significant changes to the approved set of plans for the residence without required approvals, and building an addition to the residence without a building permit and required inspections.

The owners must reach compliance with County regulations within six months from the date of this hearing by submitting revised building plans and a revised plot plan showing all changes made to the original, approved plans for the residence under Permit Building Permit 90-E6031, including all additions not shown on the original plans, and obtaining all required inspection approvals required under Building Permit 90-E6031.  Legal action is authorized if compliance is not met within six months from the date of this hearing.

Also, the owners shall sign an agreement to be recorded with the Clerk and Recorder of Larimer County within ten (10) days from the date of this hearing documenting outstanding violation.

Motion carried 2-0.

 

The meeting recessed at 4:45 p.m.

 

 

LAND USE HEARING

(#111)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Larry Timm, Planning Director.  Chair Gibson presided, and Commissioner Wagner was present.  Also present were: Karlin Goggin, Building Inspection; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

1.  KYLE CIRCLE ADDRESSING APPEAL:  Mr. Timm explained to the Board that he had received emails from two parties involved in the Kyle Circle Addressing Appeal requesting that this item be tabled to another date in order to provide more time to meet with Ms. Goggin.  The next available hearing date would be December 18, 2006, which was acceptable to the applicants.  

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners table the Kyle Circle Addressing Appeal, to December 18, 2006, at 6:30 p.m.

 

Motion carried 2-0.

 

The meeting adjourned at 6:35 p.m.

 

TUESDAY, AUGUST 22, 2006

 

ADMINISTRATIVE MATTERS

(#111)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioner Wagner was present.  Also present were: Bob Keister, Cheryl Miget, and Donna Hart, Commissioners’ Office; Stephen Gillette, Solid Waste Department; Marc Engemoen, Public Works; Dave Spencer, Facilities; Todd Bolt, Natural Resources Conservation Service; and Gael Cookman, Deputy Clerk.

 

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

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 4, 2006; AND RE-APPROVAL OF THE MINUTES OF AUGUST 21, 2006:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of September 4, 2006, as amended.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners re-approve the minutes for the week of August 21, 2006, as amended.

 

Motion carried 2-0.

 

3.    REVIEW THE SCHEDULE FOR THE WEEK OF SEPTEMBER 18, 2006:  The Commissioners reviewed and discussed the schedule with Ms. Hart.

 

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 September 12, 2006:

 

09122006D001           DEED OF DEDICATION BY DWIGHT E. PANTANO FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

09122006D002           DEED OF DEDICATION BY GAROLD M. RADIEL AND RUTH ANN CALKIN FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

09122006R001           RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 1 AND 2 OF THE REU RANCH II R.L.U.P., FILE #03-S2084

 

09122006R002           FINDINGS AND RESOLUTION APPROVING THE RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

09122006R003           FINDINGS AND RESOLUTION APPROVING THE NYSTROM MINOR LAND DIVISION

 

MISCELLANEOUS DOCUMENTS:  Chafee Foster Care Independence Annual Program Plan FY 2006-2007; Final Plat for Hallett Heights; Amended Plat of the Little Valley Subdivision; Assignment of Allocation to Colorado Housing and Financing Authority (CHFA).

 

LIQUOR LICENSES:  The following license was approved and issued:  Schrader County Store #440 - 3.2% - Fort Collins.  The following license was approved: South Taft Hill Liquor, Inc., - Change of Corporate Structure and New Manager - Retail Liquor Store.  The following license was issued:  Osiris Nightclub - Tavern - Fort Collins.

 

Motion carried 2-0.

 

5.   REQUEST TO BUILD A NEW FACILITY FOR THE SOLID WASTE DEPARTMENT:  Mr. Engemoen explained that they have been researching the feasibility of building a new facility at the landfill to accommodate all of the Solid Waste employees.  Mr. Engemoen stated that if construction is approved the funding for the building would come from the Solid Waste Enterprise Fund.  Mr. Gillette explained that their customer base is located at the landfill and it causes a hardship on customers when they have to travel all the way downtown to resolve issues that could have been taken care of on site if the administrative staff were also located at the landfill.  Mr. Gillette stated that they would be able to use their staff more effectively and provide better customer service if all staff were co-located at the landfill.  Mr. Spencer provided some details of the proposed building, noting that that a multipurpose room would also been included in the design, and their goal would be to construct it utilizing "green" technology, such as wind and solar power, engineered wetlands, etc.   The Board was very supportive of this idea.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners authorize the Solid Waste Department to work with the Facilities Department to design and construct a building with "green" technology, in the price range of $750,000 - $800,000.

 

Motion carried 2-0.

 

 

6.       WORKSESSION:   Mr. Gluckman introduced Maxine Jenner, representative of the Northern Colorado Artist's Association.  Ms. Jenner explained that they would be hosting an artist's show entitled "Capturing the County" and she requested that Larimer County support the show as a sponsor.  Some discussion ensued, and the Commissioner Wagner suggested that $200 would be an appropriate amount to support this endeavor.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the expenditure of $200 from the Commissioners' Special Projects Fund to sponsor the Northern Colorado Artist's Association "Capture the County" art show.

 

Motion carried 2-0.

 

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

 

 

8.         REQUEST FINANCIAL SUPPORT FOR RURAL ACREAGE STEWARDSHIP SPECIALIST:   Mr. Bolt requested $20,000 in matching funds for 2007 in order to obtain a grant to fund a Rural Acreage Stewardship Specialist position for the Big Thompson and Fort Collins Conservation Districts.  He also presented projections for future funding of this position for 2008 and 2009.  Chair Gibson questioning why this proposal was not being submitted as part of the normal budget process.  Mr. Gluckman explained that the deadline to submit the grant was September 18, 2006, which is why this proposal is being submitted outside of the normal budget process.  Discussion ensued regarding the timing of the request and which departments should be included in funding the position.  Mr. Keister highly recommended that all proposals be submitted as part of the budget process so that all requests can be compared alongside and final decisions can be based upon the comparisons.  Commissioner Wagner stated that it is a worthwhile effort and a much needed position; however, she agreed that the request should go through the normal budget process.  The Board suggested that Mr. Bolt work with Mr. Keister to include this as a proposal in the current budget cycle.

 

 

9.         LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting ended at 10:45 a.m.

 

 

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_______________________________________

Kristen Romary, Deputy Clerk   

 

_______________________________________

Gael M. Cookman, Deputy Clerk