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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/16/07  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, April 16, 2007

 

land use hearing

(#49)

 

the Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Matt Lafferty, Samantha Mott, and Sean Wheeler, Planning Department; Traci Downs, Engineering Department; Chad Gray, Code Compliance; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Wagner opened the hearing 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 Wagner then explained that Items 1 through 4 were on Consent and would not be discussed unless requested by the Board, staff, or members of the audience.  At this time, Mr. Helmick explained that Item 4, Hersh Minor Land Division – Revised Condition of Approval - #S2555 and #S2554, should be pulled from Consent because those involved have already come to an agreement. 

 

 

1.  WAVERLY PLACE TRACTS 2 AND 15 AMENDED PLAT - #07-S2667 (TABLED FROM MARCH 19, 2007):  This is a request for an Amended Plat to reconfigure the lot lines of two adjacent lots, Tract 2 and Tract 15 of the Waverly Place Subdivision, by adding a portion of Tract 2 to Tract 15 in order to resolve a code violation of having two dwellings on one lot.

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following authorities have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; the Larimer County Addressing Coordinator; the Larimer County Engineering Department Development Review Services Team; Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat; the Waverly Community Group; the Code Compliance Section had noted two Code Compliance files of record connected with these parcels.  Compliance recommends that the owner resolve all outstanding building permits and Code Compliance issues within 30 days from the date the Final Plat is recorded; the Larimer County Planning Department is aware that one of the resultant lots becomes a flag lot.  The Planning Department normally tries to avoid creating flag lots, but staff supports this request based on the existing terrain and based on the fact that access does not exist within the development.  Creating this flag lot provides access to Tract 15.

 

The proposed Plat Amendment Tracts 2 and 15 of Waverly Place will not adversely affect any neighboring properties or any County agency.  The Amended Plat will not result in any additional lots.  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 Tracts 2 & 15, Waverly Place, 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 October 16, 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.
  3. The Final Plat shall be revised to include a signature block for all property owners and any lien holders.  (Provide the Planning Department with an Ownership and Encumbrance for Tract 2 to review).
  4. Prior to recordation of the Final Plat use the standard language and format for the Certificate of Ownership and Dedication statement and the Surveyors Certificate statement.
  5. Prior to recordation of the Final Plat include the original lot lines on the plat and rename the new lots ‘Lot 1’ and ‘Lot 2’.
  6. Prior to recordation of the Final Plat include the standard language and format for the Surveyor Certificate.

 

 

2.  GLACIER VIEW MEADOWS 12TH FILING PLANNED UNIT DEVELOPMENT LOTS 207 AND 208 LOT CONSOLIDATION - #07-S2674:  This is a request for a Lot Consolidation to combine two contiguous lots into one lot in the Glacier View Meadows 12th Filing PUD.  If approved, the recording instrument will be a Findings 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; the Larimer County Engineering Department Development Review Team; the Larimer County Addressing Coordinator; the Code Compliance Section noted that if the current structure on the lot allowed under Permit #99-B1349 is used as a storage building containing no heat, electrical work or plumbing, no further permit is required.  If any utilities have been added to the structure, a permit is required.  If the structure is used as a cabin, a change of occupancy permit is required. 

 

The proposed Glacier View Meadows 12th Filing PUD Lots 207 and 208 Lot Consolidation 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 Glacier View Meadows 12th Filing PUD Lots 207 and 208 Lot Consolidation, subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by October 16, 2007, 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.  CRYSTAL LAKES 12TH FILING PLANNED UNIT DEVELOPMENT LOTS 107 AND 108 LOT CONSOLIDATION AND EASEMENT VACATION - #07-S2678:  This is a request for a Lot Consolidation to combine two contiguous lots and vacate a 20-foot utility easement located along the common lot line of lots 107 and 108 of Crystal Lakes 12th Filing PUD.  If approved, the recording instrument will be a Findings 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 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; and the Larimer County Addressing Coordinator.

 

The proposed Lot Consolidation for Lots 107 and 108 of Crystal Lakes 12th Filing PUD 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 Crystal Lakes 12th Filing PUD Lots 107 and 108, and the vacation of the 20 foot utility easement located along the common lot line for lots 107 and 108 subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by October 16, 2007, 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 County Commissioners is recorded.

 

 

M O T I O N

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

Motion carried 3-0.

 

 

5.  CAMPION ACADEMY 2ND SIGN APPEAL - #07-G0129 (TABLED FROM APRIL 9, 2007):  This is a request for an appeal of Section 10.6.E of the Larimer County Land Use Code that prohibits off-premises signs.  The applicant desires to erect a third sign for the Seventh Day Adventist Church and Academy that would be located on adjacent property owned by the same church.

 

The applicant is requesting an appeal of Section 10.6.E of the Land Use Code, which establishes which types of signs are prohibited.  The subject sign is a monument sign 6 feet tall by 8 feet wide, sign face 8’x 4’, to be used in advertising events of the church, grade school, and academy.  A second sign version proposed by the applicant is 6 feet tall by 6 feet wide.  The proposed sign location is on separate, vacant property across the road from the existing church and school buildings.  The proposed sign is an “off-premises” sign, which is prohibited by the sign regulations.  This appeal seeks relief from the restriction of “off-premises” signs.

 

The church was granted an initial sign-related variance in 2003 (File #03-BOA0427) by the Board of Adjustment for two large monument entryway signs at the driveway entrance off of County Road 14, directly across the road from this proposed third sign.  The variance granted relief from the number and size of signs allowed in the FA-Farming zoning district at the time.

 

The City of Loveland also prohibits off-premises signs within their boundaries and would like to see that continued in the established Growth Management Area, since the subject parcel is located in the Growth Management Area for Loveland.  The County Engineering Department stated that a sign is subject to sight triangle requirements set forth in Section 4.3.F of the Larimer County Road Manual and recommended that the sign be located at least 50 feet from the center of the right-of-way for County Road 14, which has a 50 foot right-of-way need for future projects.  The department also discussed the development potential of the vacant property and the likelihood that any access to this parcel off of County Road 14 will be at the same location as the proposed sign.  The Code Compliance section of the county mentioned what appeared to be some small buildings or structures, for which building permits could not be confirmed, located on the subject property.

 

In general, sign codes of counties and cities along the front range of Colorado restrict or prohibit new off-premises signs.  The county’s sign regulations follow this same intent and have had some regulations restricting off-premises signs since 1973 and were further restricted in 1992.  By approving this appeal, the intent of the Code and efforts up to this point to maintain the regulations would be subverted.

 

The relief from number and size restrictions for signs provided by the previous sign variance (File #03-BOA0427) is sufficient to accommodate additional advertising if they are reworked or replaced.  An appeal would likely be required to modify the existing signs to make them larger, but that type of appeal would seem more acceptable than an appeal for more signs.

 

The Development Services Team finds the appeal does not meet the review criteria of Section 22.2.5 as outlined in the Land Use Code and recommends denial of the Campion Academy 2nd Sign appeal, File #07-G0129.

 

Mr. Lafferty explained that the Planning Commission and county planning staff are against the proposal because both want to maintain the integrity of the current Land Use Code regarding off-premises signage.  Mr. Lafferty stated that the applicant has already exceeded the allowed sign footage for existing signs on the property. 

 

Richard Stembakken, property representative, explained that the purpose of the additional signage would be to inform the community of activities taking place at the church or in the school.  He said the signs currently on the property are only to identify the entrance.  Chair Wagner asked if the applicant had considered removing or modifying the current signs in order to create room on the property for the new sign requested.  Mr. Stembakken said that the signs are only several years old and in excellent condition.  Discussion among the Board and staff ensued.  Mr. Helmick suggested this item be tabled in order for staff and the applicant to consider the option of adding sign facing to the two existing signs marking the entrance of the property. 

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Campion Academy 2nd Sign Appeal - #07-G0129, to May 14, 2007, at 3:00 p.m.

Motion carried 3-0.

 

 

6.  RV WORLD ZONING VIOLATION - #07-CC0017:  Mr. Gray explained that the property owner is in violation of Section 6.2.A.2 of the Larimer County Land Use Code which regulates the Site Plan Review, by virtue of requiring the Site Plan Review process prior to any change of a non-residential use. In this case, there was a change in use from a Veterinary Clinic to an RV sales business.  This property is located just east of I-25 on the south side of Prospect Road.

 

A previous code compliance file (#06-CC0082) was opened for this property on March 12, 2006, for putting up nine signs for a new business on the property.  After investigating the property, Code Compliance Officer Chad Gray spoke with Matt Lafferty from the Planning Department. Mr. Lafferty determined that the new business on this property would require a Site Plan Review and gave the owners 90 days to submit the application.  An application was never received and Officer Gray set up a meeting on August 10, 2006, for the owners, tenants, and project engineers to discuss the Site Plan Review process.  A few days later Mr. Lafferty received a letter stating the tenant would be vacating the site by November 1, 2006.  The code compliance file was closed.

 

On February 8, 2007, Officer Gray noticed RV World had moved onto the site.  After verifying with Mr. Lafferty that no Site Plan approval was given for this business to operate on this property, a new code compliance file (#07-CC0017, for the same owner) was initiated.  On March 9, 2007, an application for Site Plan Review was received.  This hearing was scheduled to ensure that the process would be completed in a timely manner.

 

Without the Site Plan approval for this property, all the concerns with traffic, parking, screening, drainage, and utilities cannot be addressed appropriately.  This also sends the message to other property owners that changing a use on a non-residential property without first obtaining approval of a Site Plan through the Planning Department is acceptable.

 

Steve Steinbicker, representative for the property owners, explained that they are now in the first stage of the Site Plan Review process and it is the intention of the owners to meet all review criteria in a timely fashion.  Mr. Lafferty stated that the reason for the hearing is to ensure that the Site Plan Review is completed since there is an existing use on the property.  John Berquist, property owner, voiced his intention to complete the review as quickly as possible.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find a violation exists, require compliance by obtaining Site Plan approval by September 1, 2007, finishing all required site improvements by May 1, 2008, conducting a life safety inspection within 30 days, issuing change of occupancy permits as soon as possible if required, and authorize legal action if these deadlines are not met.

Motion carried 3-0.

 

 

The hearing ended at 4:00 p.m.

 

 

 

LAND USE HEARING

(#50 & #51)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Neil Gluckman, Assistant County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Marc Engemoen, Public Works Director; Mark Peterson, and Martina Wilkinson; Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk. 

 

Chair Wagner opened the hearing for public comment, and no one from the audience addressed the Board.  Mr. Engemoen stated that there are three sign issues on the agenda.  Items 1 and 2, if approved, will work in conjunction with each other and therefore should be discussed collectively.  He explained that after the first two items were presented by staff, the audience should be given the option to discuss both items.

 

 

1.  ADDITION OF ARTICLE V TO CHAPTER 50 OF THE LARIMER COUNTY CODE REGARDING DIRECTIONAL SIGNING IN RURAL LARIMER COUNTY:  Ms. Wilkinson explained that this is a request for the Board of County Commissioners to adopt the proposed changes to the County Code that creates a Larimer County Directional Signing Program.  The code text establishes standards for privately funded directional information signs in the county right-of-way for tourist or visitor oriented businesses, services, entities and activities.

 

Directional Signing programs allow for business identification and directional signage within the public right-of-way for destinations that cater to tourists and/or visitors.  The Colorado State Department of Transportation has a program entitled Tourist Oriented Directional Sign (TODS) for use along State Highways.  Adoption of the state TODS program for use along State Highways in Larimer County is being proposed in a separate action.  However, there are a number of areas in rural Larimer County that are not eligible for the state TODS program.  Therefore, this proposal is to create a similar, but slightly more flexible program for use along mainline county roads (major collectors and arterials) in rural Larimer County. 

 

PROGRAM OUTLINE

 

The full proposed code text is attached.  The following provides a brief outline of the proposal.   

 

Administration and Funding:  The program would initially be administered by the same private company that oversees the state program: Colorado Logos, Inc. The program would be funded by the businesses and/or entities participating in the program.

 

Program Limitations:  No signs will be placed inside city (or town) limits; recognized growth management areas; and the Estes Valley Planning Area. 

 

Eligibility:  Privately owned businesses, groups, or public institutions wishing to participate must meet the following criteria:

 

1.   The destination must be located outside city/town limits, all adopted growth management areas, and the Estes Valley Planning Area.

2.   The destination must be open to the general public.

3.   The business must derive the major portion of its income from patrons not residing in the immediate area (described as 25 miles).  In the case of non-profits or other public institutions the major portion of visitors need to reside outside the 25 mile radius.

4.   The destination must be located with 10 miles of a county major collector or arterial roadway.

5.   The business must be open to the general public at least 20 hours per week. Any existing non-compliant off-premise signs must be removed. 

 

There is no stipulation on the type of businesses or use that can qualify for the program; any business use that meets the above criteria is eligible.  For those businesses eligible to participate in both the CDOT program and the county program, the applicant needs to identify which program to utilize.  Eligibility denials can be appealed to the Board of County Commissioners. 

Proposed Fee Schedule:  The proposed cost for a sign is $250.00 per year.  This includes administration, site review, utility locates, sign construction, initial installation, maintenance, and up to one trailblazer sign (if needed).  Additional Trailblazer signs are $120.00 per year. Seasonal closures are $100.00 per season.

 

Sign Location:  The signs are placed on rural county roads with classifications of either major collector or arterial.  The signs are typically placed a minimum of 200 feet in advance of the intersection, depending on requirements of other regulatory signs. 

 

Information on the Sign:  Either wording (legend) or a symbol can be placed on the plaque, together with a directional arrow and distance.  A symbol can include either a specific business logo, or a more generic food/gas/lodging type symbol. 

 

Sign Rotation:  A limited amount of space is available on each sign assembly (up to 4 plaques), and up to two sign assemblies can be allowed at any given intersection.  If more businesses apply and are eligible for the program than allowable space, then an annual rotation procedure is outlined in the code text. 

 

Ms. Wilkinson explained that overall, there is general support for the concept of the program.  Many that commented would like to see the program implemented as soon as possible.  There were some residents who feel the stipulation that a business can only be in either the state or county program, but not both, is overly restrictive.  There were a few comments regarding a desire for improved (and more distant) community signing.  Finally, there is concern and some frustration over off-premise signing issues (both regulations and compliance process).  The off-premise signing issues are unrelated to this program, other than the fact that the directional signing program may address and offer an alternative to some aspects of the off-premise sign issues. 

 

The proposed changes to the Larimer County Code will allow the establishment of a directional signing program in rural Larimer County.  This program would be similar to, but more flexible than, the state TODS program for use on state highways.  The program will address some aspects of the off-premise sign issues, and may be a benefit to rural economic development.  Because the program is administered by a private company, the program is funded by the individual businesses, and regulatory signs take precedence in the right-of-way, staff is recommending implementation of the program.  

 

 

2.  AUTHORIZATION FOR THE COLORADO DEPARTMENT OF TRANSPORTATION TO IMPLEMENT ITS TOURIST ORIENTED DIRECTIONAL SIGNING (TODS) PROPRAM ALONG STATE HIGHWAYS IN LARIMER COUNTY:  Ms. Wilkinson explained that this is a request for the Board of County Commissioners to adopt a resolution that authorizes CDOT to implement the existing TODS program along State Highways in Larimer County.

 

Directional Signing programs allow for business identification and directional signage within the public right-of-way for destinations that cater to tourists and/or visitors.  The Colorado State Department of Transportation has a program entitled Tourist Oriented Directional Sign (TODS) for use along state highways.  Although the signs are within state highway right-of-way, and the program is administered by the state, before any signs can be erected, the TODS law requires that the county authorize such signs within its jurisdiction by a resolution of the Board of County Commissioners. 

 

PROGRAM OUTLINE

 

The full rules and regulations for the state program cannot be altered, other than to make the program more restrictive if desired.   The following provides a brief outline of the state program.   

 

Administration and Funding:  The program is administered by a private company under contract with the state.  The company, Colorado Logos, Inc., administers the TODS program state-wide.  The program is funded by the businesses participating in the program.

 

Eligibility:  Applicants wishing to participate must, among other things, meet the following criteria:

 

  1. The business must derive the major portion of its income from patrons not residing in the immediate area (described as 50 miles).
  2. The destination must be located within 15 miles of a state highway. 

 

Cost:  Cost for a sign is $250.00 per year. This includes administration, site review, utility locates, sign construction, initial installation, maintenance, and up to one trailblazer sign (if needed).  Additional Trailblazer signs are $120.00 per year.  Seasonal closures are $100.00 per season.

 

Sign Location:  The signs are placed on state highways where there is available space in advance of an intersection.  The signs are typically placed a minimum of 200 feet in advance of the intersection, depending on requirements of other regulatory signs. 

 

Information on the Sign:  Either wording (legend) or a symbol can be placed on the plaque, together with a directional arrow and distance.  A symbol can include either a specific business logo, or a more generic food/gas/lodging type symbol. 

 

Sign Rotation:  A limited amount of space is available on each sign assembly (up to 4 plaques), and up to two sign assemblies can be allowed at any given intersection.  If more businesses apply and are eligible for the program than allowable space, then an annual rotation procedure is outlined in the rules.   

 

Overall, there is general support for the program and many would like to see it implemented as quickly as possible.  The proposed resolution authorizing CDOT to implement its TODS program in Larimer County will allow directional signing along state highways in Larimer County pursuant to the state’s rules and regulations.  Staff finds that the criteria are acceptable but would like to add the following two further restrictions:

 

  1. Limitation on use of a ‘straight ahead’ arrow for signs.  
  2. Exclusion of the Estes Valley Planning Area from the program.   

 

Ms. Wilkinson explained that by implementing both the state and county sign programs, there would be more coverage overall and signage needs can be customized to fit county citizen concerns.  At this time, Chair Wagner opened the hearing for public comment. 

 

Dr. Janice Weixelman, said that she would like to see local business benefit from the manufacturing of signs instead of using an out of area contractor.  She also believes that taking sign applications on a first come first served basis would create unwanted competition between businesses that reside in Red Feather Lakes.  Dr. Weixelman also had several questions and concerns related to the implementation of the sign rules and regulations.  Don Weixelman also addressed the Board with questions regarding sign eligibility.  

 

Richard Swaback, representative from the Shambhala Mountain Center, explained that he was very interested in participating in the new sign programs.  He explained that the mountain center receives 10,000 visitors per year, and it would be extremely helpful to have more signage directing visitors to the campus.  Dan Morin, owner of the Sundance Trail Guest Ranch, was also in support of the program especially since there is no cellular phone service in the area of his business.  He explained that there is definitely a need for off-premises signs in Red Feather Lakes.  Discussion among the Commissioners ensued.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the proposed changes to the County Code (the addition of Article V of Chapter 50) that establishes a directional signing program for use in rural Larimer County.

Motion carried 3-0.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a resolution to be effective May 1, 2007, authorizing implementation of the CDOT TODS program for use along state highways in Larimer County with the limitation of use of “straight ahead” arrows and with exclusion of the Estes Valley Planning Area from the program.

Motion carried 3-0.

 

 

3.  ADDITION OF ARTICLE VI TO CHAPTER 50 OF THE LARIMER COUNTY CODE REGARDING MEMORIAL SIGNING IN LARIMER COUNTY:  Mr. Engemoen explained that this is a request to adopt the proposed changes to the County Code that would create a Larimer County Memorial Signing Program.  The code text establishes criteria for commemorating crash fatalities on Larimer County roads through standardized roadside memorial signs. 

 

When an individual dies as a result of a traffic accident, grieving family and friends sometimes place remembrance items in the public right of way at the accident location.  This is not necessarily legal, and numerous other public agencies in recent years have begun creating more official memorial signing programs. 

 

In Larimer County, the Road and Bridge Department receives one or two requests each year for official memorial signage.  The amendments to County Code proposed in this request would:

 

1.   Formally recognize the elements of the grieving process and allow the county to assist families as appropriate with memorial signing options;

2.   Formalize a way for families to honor their members who died on county roads; and

3.   Install approved signs that may serve as reminders for drivers to be cautious. 

 

PROGRAM OUTLINE

 

The Larimer County Public Works Department is proposing to initiate a memorial signing program that would allow family and friends of vehicular fatalities to commemorate the death through an official roadside sign (with educational message) placed along the roadway at the accident location. 

 

The program is proposed to be administered through the County Road and Bridge Department.  The applying family would be charged $200 to help defray the cost of the sign, and the sign would remain in place for three years (with an option to extend that time once, for a total of six years).  

 

The process to create the program has included initial requests for signs from families, and communication with the Board of County Commissioners at an Administrative Matters meeting.  Both the Loveland and Fort Collins newspapers ran supportive articles regarding the potential program, including an editorial by The Coloradoan.  All the comments and level of interest are strongly in favor of the program, aside from one email from a gentleman who is strongly opposed. 

 

The Public Works Department approves the proposed changes to the Larimer County Code that will allow establishment of a memorial signing program in unincorporated Larimer County.  The changes will provide:

 

  1. An official avenue for grieving family and friends to memorialize the fatality; 
  2. An alternative to the privately placed remembrances; 
  3. An educational message (such as “Don’t Drink and Drive”) for the general traveling public.

 

Mr. Engemoen explained that the families will be able to choose the type of educational message attached to the memorial sign.  At this time, Chair Wagner opened the hearing for public comment.  Richard Seaworth asked if property owners will have a choice to approve or deny the sign location if it is located in the right of way directly adjacent to private property.  Mr. Engemoen stated that county will make a conscious effort to contact the affected landowners. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the proposed changes to the County Code (the addition of Article VI of Chapter 50) to be effective May 1, 2007, that establishes a memorial signing program for use in unincorporated Larimer County.

Motion carried 3-0.

 

 

4.  WELLINGTON 17 PRELIMINARY RURAL LAND PLAN - #06-S2659:  This is a request for preliminary approval to divide approximately 333 acres into twenty (20) lots, with eighteen (18) home sites, in the following mannerDevelopment Parcel — Seventeen (17) clustered new single-family residential lots (each lot approximately 2 ½ acres in size) and one Residual Lot that is proposed as a common area for the homeownersNon-Development Parcel — Two (2) Residual Lots.  One of the Residual Lots will contain a building envelope for an existing home-site and farmstead accessory dwelling as well as a separate building envelope for additional agricultural support buildings.  The other Residual Lot will have a building envelope for agricultural support buildings only, but no home site.  The Residual Lots (private open space) will be protected from further development for a minimum of 40 years, by either a covenant or a conservation easement.  The residual land parcels will remain as irrigated agricultural land.

 

The property is located in Sections 8 and 9, Township 9 North, Range 68 West.  It is generally located 2 ½ miles north of the Town of Wellington, between County Roads 70 and 72 and County Roads 7 and 9.  It is currently zoned O-Open.  Under the property’s current zoning (1 home site per 10 acres), up to 33 homes could potentially be built if brought through the county's Conservation Development (CD) process if adequate public facilities are provided. 

 

Two residences already exist and are located in the northwest 5-acre building envelope on the proposed Residual Lot B.  The new residential lots have been located to use soils most suited for on-site septic systems, to minimize infrastructure installation and to avoid the wet areas associated with North Poudre Canal.  The project is part of the owner’s efforts to deal with estate and financial planning issues while preserving the majority of the land in its historic grazing use.  Access to these new lots is proposed from County Road 9.      

 

The new residential lots will range in size from 2 ½ -3 acres.  Domestic water for these lots will be provided by the Northern Colorado Water Association and each lot will have individual septic systems.  The applicant is proposing appropriate architectural guidelines for this project to mitigate the visual impact of the proposed new residences and associated structures.  The surrounding properties consist of smaller residential parcels and farmland. 

 

There is significant development pressure in this area for 35-acre parcels and smaller residential lots, if available.  This pressure is caused by general growth along the Front Range, as well as by pressure specifically associated with growth in Fort Collins and Wellington, and to a lesser extent, Waverly.  The proposed density of the Wellington 17 Rural Land Use project, one unit per 18.5 acres, appears to be compatible with the neighborhood.  An important consideration for this particular farm which makes it attractive for higher-density development is its proximity to I-25, only a 4-minute drive to the Owl Canyon exit on paved roads.

 

The residual land, approximately 258 acres and comprising roughly 77.5% of the property, will be protected from further development for a minimum of 40 years as required by the Rural Land Use Process.  The current use of irrigated land will be continued.  The Residual Land parcels will have a management/use plan to foster its long-term health.  The owners of the residual land parcels will be responsible for maintaining the residual land and for providing periodic monitoring reports to the County. 

 

A neighborhood meeting was held on February 1, 2007, at the Comfort Inn in Wellington.  About 15 area residents attended.  The concerns were mainly about water, urban and rural lifestyles and architectural controls.  Referral agency comments were also solicited.  Representatives from the County Engineering Department, Health Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

 

This project is based on Section 5.8—Rural Land Use Process of the Larimer County Land Use Code.  The development will comply with the Road Naming and Site Addressing System Resolution, Section 8.8—Irrigation facilities and Section 8.10—Management/Use Plans.

 

The referral agencies have responded and applicable fees will be collected to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees.  The fees that will be collected on this project are park fees, school fees, drainage fees, and Transportation Capital Expansion fees.  Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.

 

County staff finds that this proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code.

 

Support for the Wellington 17 Preliminary Rural Land Plan is based on the following:

 

1.   Applicant’s planning and design rationale for the project, which is consistent with the RLUP.

2.   Conservation values of the residual land, including preservation of grazing land, open space and wildlife habitat.

3.   The plan is generally compatible with the existing neighboring land uses.

 

Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no county review.  The greater number of residential units possible under the zoning and the general development pressure within the immediate area for use-by-right 35-acre division of land supports staffs belief that this is an appropriate project.

 

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County.  Those benefits are summarized below:

 

1.   Perpetual protection of residual land.

2.   Dedication of sufficient North Poudre Irrigation Company water share to create ability to rent water for the irrigation pivots.

3.   Transportation capital expansion fees received from the project.

4.   School and park fees received from the project.

5.   Fewer residences than likely allowed through subdivision process.

6.   Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

The Rural Land Use Director recommends that the Board of County Commissioners approve the Wellington 17 Preliminary Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Wellington 17 Rural Land Plan (File # 06-S2659) 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 Wellington 17 Rural Land Plan.

2.   All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that design standards in 5.8.6.D. were followed, before final approval.  Internal roads may be contained in a private access and utility easement.  Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.

3.   Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project.  Before designing roads, applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  Applicant shall comply with all such design requirements. Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.

4.   Applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project.  Before designing stormwater drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater management design requirements.  Applicant shall comply with all such design requirements.  Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the stormwater management design requirements.

5.   Public water shall be provided for this project.  A letter of commitment from the water provider must be included prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District.  The letter of commitment shall contain conditions concerning phasing the number of taps to account for planned improvements.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.

6.   For the residential lots that are next to the North Poudre Canal, a 100-foot setback buffer is required between the North Poudre Canal and the lot area that will be disturbed by residential construction.  Any other building envelopes placed on lots shall be located outside the floodplain and drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code.

7.   Notification will be made in the Disclosure Statement regarding potential safety risks associated with residential development and recreational activities next to irrigation ditches.  This language shall be approved by the County Attorney before final plat approval.

8.   The applicant shall dedicate to the project a sufficient amount of North Poudre Irrigation Company (NPIC) water shares to enable the owners of the residual lots to rent additional shares of NPIC irrigation water for continued agricultural production.  The legal documentation for this dedication shall be reviewed an approved by the County Attorney before final plat approval.

9.   Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

10.   The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

11.   Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

12.   The final Development Agreement must be reviewed and approved by the County Attorney prior to final plat approval.

13.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

14.   The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

a)   LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates that Lots 1 through 17 cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

b)   The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received.

c)   Passive radon mitigation measures shall be included in construction of structures designed for habitable space on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

d)   Some or all lots in this development include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved Plan.  If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

e)   All structures and septic systems must be located within the building envelopes on any Residual Lots.

f)   Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

g)   Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

h)   Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

i)   Pets must be contained on property, either by leash or enclosure.

j)   During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

k)   Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

l)   Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

m)   If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, site of sanitation systems, fencing and feeding.

n)   Larimer County has adopted a Right to Farm Resolution.

o)   The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for county and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

p)   Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

q)   At time of real estate closing, owner shall provide purchasers of residential lots and Residual Lot(s) A through C with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

r)   The owners of the residual land parcel shall be responsible for providing a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

s)   Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk and Recorder’s Office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

Following the presentation by staff, Commissioner Gibson expressed some concerns related to irrigation water and the potential sale of water right shares.  Discussion among staff, the Board, and Ms. Haag ensued. 

 

Dave Nelson, applicant, answered questions related to the availability of water and explained that it would be restricted by building envelopes.  Chair Wagner and Commissioner Rennels also expressed some concerns associated with water taps. 

 

Chair Wagner opened the hearing for public comment and Dave Thomas, resident, explained that his property is directly north of the proposed Wellington Rural Land Use Plan.  He questioned whether the RLUP will actually continue to maintain a rural feel.  Mr. Thomas is concerned that his property value will decrease with the addition of this housing development.  More discussion among the Commissioners ensued. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Wellington 17 Preliminary Rural Land Plan subject to the conditions recommended by the Rural Land Use Center Director with the addition of Condition #15 which will read:  The applicant will enter into a binding fence removal agreement.  At the request of the county, owners shall remove (at owner expense) fences in newly dedicated county right-of-way.

Motion carried 3-0.

 

 

The hearing adjourned at 9:45 p.m.

 

 

 

TUESDAY, APRIL 17, 2007

 

 

ADMINISTRATIVE MATTERS

(#52 & #53)

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Neil Gluckman, Assistant County Manager; Deni LaRue, and Donna Hart, Commissioners’ Office; Vaughn Baker, Superintendent of Rocky Mountain National Park; Wynette Cerciello, and Pam Stultz, Human Resources Department; Gary Buffington, Parks and Open Lands Director; and Kristen Romary, Deputy Clerk.

 

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

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 9, 2007

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of April 9, 2007.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 23, 2007Ms. Hart reviewed the upcoming schedule with the Board.

 

 

4.  CONSENT AGENDA:

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 17, 2007:

 

ABATEMENTS:  As recommended by the County Assessor, the following Abatements were approved:  Johnston Residential Properties; Stephanie A. Mokler; IBP 14 Corporation; Den Rose Ventures LLC; and Mark Myers.

 

04172007A001           FIRST AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE ROCKY MOUNTAIN RAIL AUTHORITY

 

04172007A002           DEVELOPMENT AGREEMENT FOR COOKIE’S PARCELS SUBDIVISION #05-S2471 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND CHARLOTTE ARMSTRONG

 

04172007D001           DEED OF DEDICATION BY ELAINE A. PAUL FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04172007D002           DEED OF DEDICATION BY ZACHARY SETH ARMSTRONG AND ELIZABETH MICHELLE RICHARD-ARMSTRONG FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04172007R001           RESOLUTION VOIDING FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PHASE PLAN OF TIMBERLINE INDUSTRIAL PARK PLANNED UNIT DEVELOPMENT AND REZONING

 

04172007R002           FINDINGS AND RESOLUTION CONCERNING THE APPEAL OF THE SHYANNE PLD DEVELOPMENT AGREEMENT

 

04172007R003           FINDINGS AND RESOLUTION APPROVING THE FROHSINN MINOR SPECIAL REVIEW

 

04172007R004           FINDINGS AND RESOLUTION APPROVING THE MOYER EXTENDED FAMILY DWELLING APPEAL

 

04172007R005           FINDINGS AND RESOLUTION APPROVING THE MERRELL APPEAL

 

04172007R006           FINDINGS AND RESOLUTION APPROVING THE LEGITS REZONING

 

04172007R007           FINDINGS AND RESOLUTION APPRIVING THE LOCASCIO MINOR SPECIAL REVIEW

 

04172007R008           FINDINGS AND RESOLUTION DENYING THE MEINING ROAD ADDRESSING/NAME APPEAL

 

04172007R009           FINDINGS AND RESOLUTION DENYING THE SAUK ROAD ADDRESSING/NAME APPEAL

 

04172007R010           RESOLUTION VIODING LOT CONSOLIDATION RESOLUTION FOR LOTS 53 AND 54 OF HORSETOOTH LAKE ESTATES

 

04172007R011           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

04172007R012           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR COOKIE’S PARCELS SUBDIVISION (#05-S2471)

 

MISCELLANEOUS:  Cookie’s Parcels Subdivision Final Plat; Approve Impact Assistance Grant Application – GOCO.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued: The Baldpate Inn – Hotel and Restaurant – Estes Park; Sandy’s Convenience Store – 3.2% - Fort Collins; Columbine Lodge Liquors – 3.2% - Bellvue.  The following liquor licenses were approved: The Rock Inn – Change of Corporate Structure – Estes Park; Wolverine Farm Publishing – Special Event 6% - Fort Collins.

 

Motion carried 3-0.

 

 

5.  UPDATE ON ROCKY MOUNTAIN NATIONAL PARK: Mr. Baker displayed a lengthy slide show presentation for the Board regarding the many aspects of operations within Rocky Mountain National Park.  He outlined different aspects of Hermit Park, elk and vegetation management, air quality and recycling expansion, fire operations, forest health, park and town shuttle services, and Trail Ridge Road.  He also described upcoming activities for local residents, and guests of the park.

 

 

6.  REQUEST FOR ADDITIONAL STAFFING FOR THE LARIMER COUNTY DETENTION CENTER:  Mr. Lancaster explained that this item is a follow-up to a worksession held last week.  He stated that the Sheriff emphasized the critical need for additional staff at the detention center to address safety issues.  Without the additional staff, the Sheriff stated the he would have to cap the jail population at approximately 50 fewer inmates than are currently in the Detention Center.  Mr. Lancaster stated that the proposal from the Sheriff is to add two corporal positions, 12 deputies, and one mental health therapist.  Additionally, there will be a one time cost for uniforms, radios, and training for a cost in 2007 not to exceed $496,897.

 

Commissioner Gibson explained that he could not support this proposal because the funds are not sustainable.  He does not want to employ deputies who will eventually be laid off in several years if funding is no longer available.  Chair Wagner and Commissioner Rennels agree that there needs to be a focus on public safety, and the Detention Center is a critical place where funds are needed.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve amending the Sheriff’s budget and increasing staffing by 2 corporals, 12 jail deputies, and one mental health therapist, including one time costs for uniforms, radios, and training, not to exceed $496,897 for fiscal year 2007.

Motion carried 2-1; Commissioner Gibson dissenting.

 

 

7.  ADOPTION OF COMMISSIONER WORK PLAN AND CHANGES TO GOVERNANCE POLICY 3.7:  Mr. Lancaster stated that at a retreat in March, the Board revised its workplan for the coming year to reflect current needs and board objectives.  In addition, modifications were made to the Policy Governance policy 3.7 regarding staff limitations and emergency preparedness.  Mr. Lancaster further explained that the change in policy came from the large snow storms in December 2006 and January 2007, and would allow the County Manager the ability to make critical decisions without Board approval.  The County Manager’s decision would then be ratified by the board within 72 hours. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners adopt the revisions to Policy Governance policy 3.7, Staff Limitation; Emergency preparedness.

Motion carried 3-0.

 

The Board discussed the adoption of the Commissioners’ workplan as revised.  Chair Wagner and Commissioner Gibson noted several changes to the workplan, and it was decided to hold off on approving this item until staff had more time to add the revisions. 

 

 

8.  PROVIDE COMMENTS TO THE CITY OF FORT COLLINS REGARDING THE PROPOSED URBAN RENEWAL AREA FOR THE FOOTHILLS FASHION MALL:  Mr. Lancaster explained that the City of Fort Collins is proposing the formation of an Urban Renewal Area (URA) to help finance the remodeling and deeded infrastructure improvements to the Foothills Mall.  Financing would be through tax increment financing (TIF).  Since the proposed URA is entirely retail and commercial, impact on county services is minimal.  Commissioner Gibson said that he would like to see this development brought back up to industry standards.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve endorsing the City of Fort Collins proposal for a URA and TIF for the Foothills Mall. 

Motion carried 3-0.

 

 

9.  RECOMMENDATIONS FOR USE OF 2006 CARRYOVER FUNDS:  Mr. Lancaster explained that approximately $3.6 million dollars were returned unused and unencumbered from county departments from the 2006 budget.  These funds are now available for one time uses to address various county needs.  Funds were first awarded to services that were unfunded previously, but highly ranked in 2007.  The money also went to projects that aim at improving efficiency resulting in better use of county resources.  Also, a significant amount of money will be held back for possible issues that are not yet well enough defined to fund. 

 

The projects that will see funding from 2006 carryover funds are: Oracle self service HR for Open Enrollment; Treasurer’s system; First Phase 800 MgHZ Radio System; MDT for Sheriff’s vehicles; Workforce Center Loveland move; Resource Allocation Implementation; Sweep to Capital Expenditures Fund; and unknown expenditures.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the use of the 2006 budget carryover funds as recommended.

Motion carried 3-0.

 

 

10.  REQUEST FOR ALLOCATION OF FUNDS TO THE COUNTY HEALTH INSURANCE FUND:  Ms. Cerciello explained that the county self-insurance health fund has been hit hard over the past year with 26 claims exceeding $50,000.  This is a 520% increase in the number of people who had large claims compared to the previous year.  Based on department calculations for the expected claim costs for 2007, the current funds will not be adequate to cover the costs incurred over the next year.  Pam Stultz stated that there is no known reason for the increase in large health care claims. 

 

Ms. Cerciello said that Human Resources is asking the Board to allocate a total of $600,000 to off-set anticipated shortfalls in the self-insurance fund for the remainder of 2007.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve allocating a total of $600,000 to off-set anticipated shortfalls in the self insurance fund for the remainder of 2007.  The funds will come from all county funds, commensurate with their employee base.  In the case where an individual fund does not have the resources to pick up their share, the County Manager and HR Director is granted the authority to utilize funds from the General Fund instead.

Motion carried 3-0.

 

 

11.  LEGISLATIVE UPDATE:  Mr. Gluckman commented on active legislation, and discussion ensued regarding the same.

 

 

12.  COUNTY MANAGER WORKSESSION:  Mr. Lancaster stated that Project One is a group of people from Crossroads Church and the surrounding community who will be coming together on April 21, 2007, to reach out to those in need.  Projects include painting, carpet removal, tiling, bathroom repair, roof repairs, fence repairs, removal and repair of concrete sidewalks, landscape work, and various yard work.  Project One is anticipating 40 pick-up loads to be taken to the landfill, and the group is requesting assistance to help mitigate the cost of trash removal. 

 

Commissioner Rennels explained that it is difficult to approve this request when many organizations are participating in spring cleaning activities.  She is worried that providing funds for this group will set a precedent for others trying to accomplish the same.  Discussion among the Commissioners ensued. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve covering the cost of three (3) pick-up loads and a refrigerator for Project One, to be taken from the Special Projects Fund totaling $100.

Motion carried 3-0.

 

 

Mr. Buffington stated that he is requesting a salary adjustment for the new Land Stewardship Manager.  The proposed increase would be 23% above the beginning salary range in order to provide the new employee comparable pay to his current job with weed control in Boulder County.  Mr. Buffington explained that the person they intend to hire has 23 years of experience with a degree in weed land ecology.  He feels as though the applicant would be an asset to the county and will do an excellent job with managing the weed district and forestry services.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the salary adjustment to 23% above the starting salary for the Land Stewardship Manager position.

Motion carried 3-0.

 

 

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

 

 

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

 

 

The meeting ended at 11:50 a.m.

 

 

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

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