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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/28/07  

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, May 28, 2007

 

The Courthouse Offices were closed in observance of Memorial Day.

 

 

TUESDAY, MAY 29, 2007

 

ADMINISTRATIVE MATTERS

(# 69)

 

The Board of County Commissioners met at 9:20 a.m. with Neil Gluckman, Assistant County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Ginny Riley, and Richard Guest, Human Services Department; Dave Atwood, and Amy Hollander, Longs Peak Energy Conservation (LPEC); Marc Engemoen, Public Works Department; Mark Peterson, and Kyle Arend, Engineering Department; Dale Miller, Road and Bridge Department; Larry Timm, and Candace Phippen, Planning Department; Jeffrey Roehrig, WRS Infrastructure & Environment Inc.; George Hass, County Attorney; and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  Todd Anderson, Xcel Energy area manager, said that there has been timing concerns related to the road improvement project on Taft Hill Road at Vine Drive.  He said that Xcel Energy is interested in hearing what the county has to say regarding the outstanding issues pertaining to this project.  Mr. Anderson said that Xcel is willing to move forward with this project and does not want to cause any more delays for the county.  He said that he would be available for questions and comments later in the meeting, as this topic is an item up for discussion on today’s agenda. 

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 21, 2007:

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of May 21, 2007.

Motion carried 3-0.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 4, 2007The Board reviewed and discussed the upcoming schedule with Ms. Hart.

 

 

4.  CONSENT AGENDA:

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 29, 2007:

 

 

05292007A001           DEVELOPMENT AGREEMENT FOR THE OLD FARM PLANNED LAND DIVISION (FILE #06-S2582)

 

05292007A002           GRANT CONTRACT – THE COLORADO TRUST

 

05292007A003           DEVELOPMENT AGREEMENT FOR RIVERSIDE FARM PUD SECOND FILING

 

05292007A004           DEVELOPMENT AGREEMENT FOR AUTUMN CREEK CONSERVATION DEVELOPMENT SECOND FILING (FILE #06-S2631)

 

05292007A005           DEVELOPMENT AGREEMENT FOR DRY CREEK RIDGE SUBDIVISION (FILE #05-S2393)

 

05292007A006           CONTRACT AMENDMENT #2 PERTAINING TO OPTIONS FOR LONG TERM CARE

 

05292007R001           FINDINGS AND RESOLUTION APPROVING THE HAINES APPEAL OF THE PLANNING DIRECTORS INTERPRETATION OF BOARDING STABLES AS IT APPLIES TO ALPACAS

 

05292007R002           FINDINGS AND RESOLUTION APPROVING THE DAVIS MINOR SPECIAL REVIEW

 

05292007R003           FINDINGS AND RESOLUTION APPROVING THE HORSETOOTH HIDEAWAY BED AND BREAKFAST MINOR SPECIAL REVIEW

 

05292007R004           FINDINGS AND RESOLUTION DENYING THE CAMPION ACADEMY 2ND SIGN APPEAL

 

05292007R005           FINDINGS AND RESOLUTION APPROVING THE REZONING OF THE BIG BUCK RIDGE PD TO O-OPEN

 

05292007R006           FINDINGS AND RESOLUTION RENAMING HWY 287 IN BERTHOUD TO 1ST STREET

 

05292007R007           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF SHIELDS MINE

 

05292007R008           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR OLD FARM PLANNED LAND DIVISION (FILE #06-S2582)

 

05292007R009           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR RIVERSIDE FARM PLANNED UNIT DEVELOPMENT SECOND FILING

 

05292007R010           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR AUTUMN CREEK CONSERVATION DEVELOPMENT SECOND FILING (FILE #06-S2631)

 

05292007R011           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR DRY CREEK RIDGE SUBDIVISION FILING (FILE #05-S2393)

 

MISCELLANEOUS:  Old Farm Planned Land Division Final Plat; Dry Creek Ridge Subdivision Final Plat; Autumn Creek Conservation Development Second Filing Final Plat; Riverside Farm Second Filing Final Plat.

 

LIQUOR LICENSES:  The following liquor licenses were approved and issued: Sundance Trail Guest Ranch – Retail Liquor Store – Red Feather Lakes; Riverbend Resort – 3.2% - Loveland.  The following liquor licenses were approved: Fort Collins Breakfast Rotary Charitable Foundation – Special Event 6% - Fort Collins; Conscious Alliance – Special Event 6% - Red Feather Lakes; Wolverine Farm Publishing (Rollerland) – Special Event 6% - Fort Collins.

 

Motion carried 3-0.

 

 

5.  AUTHORIZE PAYMENT OF 2007/2008 ADMINISTRATIVE FEES FOR WEATHERIZATION PROGRAM:  Ms. Riley explained that the Larimer County Weatherization Program is directed by the Longs Peak Energy Conservation (LPEC) agency through Boulder County.  For the past two years, Boulder County Commissioners have subsidized the program by waiving the administrative share for Larimer County so that the services can continue to be available.  At this time, Boulder County is no longer willing to subsidize these costs, but the Human Services Department feels that it is important to continue the availability of weatherization services in Larimer County.  Human Services proposes to take $24,000, the cost of administrative services, from the department’s fund balance for the fiscal year July 1, 2007, through June 30, 2008, to ensure that these services continue. 

 

Ms. Hollander outlined some of the services provided by LPEC and said that Larimer County does not have to pay a share of the costs for the weatherization direct services, only for the administration of the program.  She explained that the weatherization program assists an average of 250-260 units per year.  Mr. Atwood said that a majority of their work focuses on assisting the elderly and disabled community.   Some discussion among the Commissioners ensued. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve using $24,000 from the Human Services Fund Balance to pay for Larimer County’s share of the administrative costs to Bounder County Longs Peak Energy Conservation Program to provide services to Larimer County for fiscal year 2007-2008.

Motion carried 3-0.

 

 

6.  CHANGES TO HUMAN SERVICES APPROVED FULL TIME EQUIVALENTS:  Ms. Riley stated that there needs to be various changes in the Human Services previously approved Full Time Employee (FTE) status to correct errors, convert positions from temporary to regular, and expand part time positions to full time.  The Human Services Department requests the conversion of four FTE from limited term to regular, two temporary positions to regular, 19 positions from part time to full time for a total of 5.625 FTE, and add one FTE Income Maintenance Technician to the department. 

 

Commissioner Gibson questioned the sustainability of these positions with the current status of the county budget.  Ms. Riley explained that the request for change pertains to positions already in existence. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the conversion of four FTE from limited term to regular, two temporary positions to regular, 19 positions from part time to full time for a total of 5.625 FTE, and add one FTE Income Maintenance Technician for the Human Services Department.

Motion carried 3-0.

 

 

7.  UPDATE ON THE STATUS OF UTILITY RELOCATIONS FOR THE LARIMER COUNTY ROAD IMPROVEMENT PROJECT ON TAFT HILL ROAD AT VINE DRIVEMr. Arend explained that there were 18 utilities that needed to be moved in order to accommodate the Taft Hill Road/Vine Drive roundabout.  Currently, the underground gas lines and overhead power lines are the only remaining utilities that have not been moved.  In this case, the utilities are in the public right of way and will need to be moved at the utility company’s expense.  Mr. Engemoen stated that at this point, the delays in the utility work will likely result in delays for the county road improvements, delays in opening of the roadways in advance of the fall 2007 school year, and increases in project costs.  Mr. Anderson assured staff and the Board that the utility crews with Xcel Energy will work to meet the needed time frame for completion.

 

Chair Wagner asked if the overhead power lines could be installed underground, limiting the number of trees that would need to be trimmed and removed.  Mr. Anderson said that it was too late to add additional underground utility lines, and trees will need to be removed in order to provide adequate room for the overhead power lines.  Mr. Engemoen said that he would continue to provide updates to the Board regarding the progress of the utility relocation and roundabout project.

 

 

8.  APPROVE ADDITIONAL FUNDS TO DEMOLISH THE POWELL HOUSE:  Ms. Phippen explained that the contractor awarded the bid to remove the mobile home owned by Mark Powell on Shields Street was unable to obtain satisfactory bids from home moves to move the home to the landfill for demolition.  Additionally, the contractor has submitted a change work order for final costs to demolish the home on site.  Total proposed costs, including all testing and mitigation costs for asbestos, will not exceed $23,387.50.  The original purchase order issued was for $13,500, with the understanding that a change order would be required contingent on costs incurred for asbestos testing and mitigation.

 

Commissioner Gibson asked the contractor why the home was scheduled to be demolished on site as opposed to being moved to the landfill before being dismantled.  Mr. Roehrig explained that the cost to move the home would be more than the cost to demolish it on site.    

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve up to a total of $23,387.50 for testing and mitigation of asbestos material contained in the brown house owned by Mark Powell located at 8182 South Shields Street, Fort Collins, Colorado, for demolition of the house on site, and removal of all debris from the demolition to the landfill.

Motion carried 3-0.

 

 

9.  COUNTY MANAGER WORKSESSION:  Mr. Guest explained that the county has received a request from local cities to support the Senate and House on transportation funding.  He stated that local funding for urban operations have been decreasing 25% over the last three years.  The decrease of 25% is to be used for capital costs, and not for operating expenses.  This change is beneficial to large fleets who can capitalize on maintenance costs, but this does not make sense for urban areas such as Fort Collins who lose operating capital as a result.  There are 39 states sponsoring a bill in the House, and 16 states sponsoring a bill in the Senate to waive the provisions of this funding to allow smaller counties the ability to use funding for operating costs as well as capital costs.  Mr. Guest requested that the Board sign a letter in support of the House and Senate Bill regarding the ability to use transportation funds for operational and capital costs.  Mr. Guest said that he would be willing to obtain position letters from Senator Allard and Congresswoman Musgrave and bring members of the 100 Bus Coalition, and representatives from the affected cities, to the Board for discussion of this issue next week.  

 

 

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

 

 

11.  EXECUTIVE SESSION:  (Affidavit provided).

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go in to Executive Session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators as outlined in 24-6-402(4)(e) C.R.S.

Motion carried 3-0.

 

The Executive Session ended at 11:20 a.m. with no further action taken.

 

 

 

DISTRICT ATTORNEY STAFFING REQUEST

(# 70)

 

 

The Board of County Commissioners reconvened at 1:30 p.m. with Frank Lancaster, County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Bob Keister, and Deni LaRue, Commissioners’ Office; Larry Abrahamson, and Linda Coxen, District Attorney’s Office; and Kristen Romary, Deputy Clerk.

 

Mr. Abrahamson explained that the initial request from the District Attorney’s (DA’s) Office was for a 2007 budget of $308,876 to accommodate the hiring of 7.5 full time employees (FTE’s).  He explained that the current request is for $226,699 which is a reduction in cost of $82,177 from the original proposal.  He stated that these savings come from a delay in hiring of several attorney positions along with savings in the temp budget.  Mr. Abrahamson said that the use of volunteer staff would help reduce the cost incurred by the District Attorney’s Office as well.  Ms. Coxen emphasized that the current figure of $226,699 does not cover the cost of facilities remodeling at $26,000, so the net savings is approximately $56,000. 

 

Commissioner Gibson said that he supports the increase in funding for the District Attorney’s Office, but is interested in knowing if or where the county will need to decrease staff and services to accommodate the increase within the DA’s office.  Commissioner Rennels explained that it is the Board’s responsibility to prioritize the budget, and make recommendations based on the needs presented.  Chair Wagner said that this proposal will have long range impacts on the budget and the level of service in other areas but specific issues pertaining to these will need to be addressed as they arise.  Discussion among the Board and staff ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the revised budget of $226,699 for 7.5 FTE for the District Attorney’s Office.

Motion carried 3-0.

 

The meeting ended at 2:30 p.m.

 

 

 

LAND USE HEARING

(# 71)

 

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were: Sean Wheeler, and Samantha Mott, Planning Department; Matt Johnson, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Wagner 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 Wagner then explained that Items 1 and 2 were on consent, and would not be discussed unless requested by the Board, staff, or members of the audience.  Mr. Helmick also explained that Item 5, Bison Bluff Subdivision Preliminary Plat - #06-S2534, could be moved to the Consent Agenda since all outstanding issues had been resolved and staff and the applicant are in agreement. 

 

 

1.  LOT CONSOLIDATION AND EASEMENT VACATION FOR GLACIER VIEW MEADOWS 12TH FILING LOTS 133 & 173 - #07-S2688:  This is a request for a Lot Consolidation to combine two contiguous lots and vacate a 20-foot utility easement located on the common lot line of lots 133 and 173 of 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 stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and the Larimer County Engineering Department Development Review Team.

 

The proposed Lot Consolidation of Glacier View Meadows 12th Filing PUD Lots 133 and 173 and easement vacation will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation for Glacier View Meadows 12th Filing PUD Lots 133 and 173 and the vacation of the 20-foot utility easement located on the common lot line subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 29, 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.

 

2.  LOT CONSOLIDATION AND EASEMENT VACATION FOR CRYSTAL LAKES 13TH FILING LOTS 63 & 64 - #07-S2689:  This is a request for a Lot Consolidation to combine two contiguous lots and vacate a 20-foot utility easement located on the common lot line of Lots 63 and 64 of Crystal Lakes Subdivision 13th 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 Code Compliance Section have noted that the proposed portable shed requires a building permit.

 

The proposed Lot Consolidation of Crystal Lakes 13th Filing PUD for Lots 63 and 64 and easement vacation will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation for Crystal Lakes Subdivision 13th Filing PUD Lots 63 and 64 and the vacation of the 20-foot utility easement located on the common lot line subject to the following conditions:

 

  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 29, 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.
  4. Prior to recordation of the Findings and Resolution, the applicant shall provide the Larimer County Planning Department with a signed and notarized Lien Holder Signature form.

 

 

5.  BISON BLUFF SUBDIVISION PRELIMINARY PLAT - #06-S2534:  This is a request for subdivision of a 9.48 acre parcel into three lots, one with an existing residence on a 4.78 acre lot and two 2.3 acre lots.  This item was included on the consent agenda for the Planning Commission at its public hearing on April 18, 2007.  The item remained on the consent agenda although there were a few questions raised by Planning Commission members in response to a request regarding participation in the adjacent HOA for road maintenance.  The applicants indicated a willingness to participate in road maintenance for all three lots and in all aspects for the two undeveloped lots. 

 

The Planning Commission and the Development Services Team recommend approval of the Bison Bluff Subdivision Preliminary Plat subject to the following conditions:

 

  1. The Final Plat of the Bison Bluff Subdivision shall be completed in strict compliance with the conditionally approved Preliminary Plat and other information submitted by the applicant and contained in the File #06-S2534, unless modified by the conditions of this approval.
  2. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the county to be recorded with the Final Plat.  This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but is not limited to, the issues related to rural development and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.
  3. The following fees shall be collected prior to issuance of building permit: Larimer County fees for Transportation Capital Expansion fees, Development Construction Permit fees, Larimer County Park fee in lieu of dedication and Thompson R2-J School District fees.
  4. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development.  Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy.  As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
  5. Prior to issuance of building permits for Lots 2 and 3, the septic system on Lot 2 must be abandoned and a new septic system must be installed on Lot 1.
  6. The new residences on Lots 2 and 3 shall be installed with residential fire sprinklers.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 1, 2 and 5, as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

 

4.  JOHNSON MINOR SPECIAL REVIEW AND APPEAL - #07-Z1648:  Mr. Helmick explained that there was a request from staff and the applicant to table this item to a later date to provide more time for discussion with the state engineers office.  He suggested it be tabled until June 25, 2007, at 3:00 p.m.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Johnson Minor Special Review and Appeal - #07-Z1648 to June 25, 2007, at 3:00 p.m.

Motion carried 3-0.

 

 

3.  WILD GLADE MINOR LAND DIVISION AND APPEAL - #07-S2685:  This is a request for approval of a Minor Land Division for a 1.2-acre parcel containing two legal non-conforming residential uses.  The request includes an appeal to Section 4.1.2.B.1.a of the Land Use Code that requires a 100,000 square foot minimum lot size for residential uses in the FA-1 Farming Zone District.

 

The applicant seeks approval for a Minor Land Division (MLD) on a 1.21-acre site.  The subject property is located at the intersection of Glade Road and Wild Lane, just north of Highway 34 and west of Loveland.  There are two existing residential uses at the site.  Each house has its own utility services and relatively new septic systems.  The houses were constructed in 1900 and 1930 and are thus pre-existing, non-conforming uses.  Approval of this request will create lots that are both .61 acres in size, and the minimum lot size required by the FA-1 Zoning is 2.3 acres.  Therefore, the applicant is also seeking approval of a concurrent Lot Size Variance to allow the land division.  The applicant’s intent in pursuing the MLD is to create a plat of record and to sell the dwellings separately.  The project description also indicates the lot was created by a right-of-way for the Glade Road Realignment around March of 1992.

 

Staff’s assessment is that this project satisfies the requirements for a Minor Land Division and the lot size appeal.  The realignment of Glade Road created the smaller lot and both dwellings are legal, pre-existing, non-conforming uses.  Each has its own utility services and septic system and access to both lots exist.  One adjoining property owner did contact staff to inquire about the request, but did not object to the MLD or appeal being approved.  There were no other objections made to staff regarding the MLD and appeal requests.  Based on this assessment, staff supports approval of the Glade Wild Minor Land Division and the appeal to the minimum lot size requirements.

 

The Development Services Team recommends approval of the Glade Wild 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 of approval shall be met and the Final Plat recorded by November 30, 2007, or this approval shall be null and void.
  2. The applicant shall make the technical changes required by the Engineering Department on the Final Plat, including those noted by the County Professional Land Surveyor and the Development Review Engineer.  This note shall be added to the final plat for the Glade Wild Minor Land Division.

 

Mr. Wheeler stated that there are two existing homes on the property and the current owner is interested in splitting the two lots in order to sell the land individually.  He outlined the aspects of this appeal mentioned above and said staff approves of the MLD appeal and lot size variance request.

 

Commissioner Gibson questioned the ability to build more structures on the parcels and asked staff what steps are being taken to inform future buyers of the floodplain regulations.  Mr. Wheeler said that a note will be added to the Final Plat indicating that the parcels are in the 100-year floodplain of the Glade Road overflow and subject to floodplain regulations.

Gregory Wild, applicant, said that he was aware of the note to be added to the Final Plat and will inform potential buyers of the building restrictions and floodplain regulations.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the appeal to Section 4.1.2.B.1.a of the Land Use Code that requires a 100,000 square foot minimum lot size for residential uses in the FA-1 Farming Zone District, and to allow two lots of .61 acres in size to exist. 

Motion carried 3-0.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Glade Wild Minor Land Division with conditions 1 and 2 as recommended by staff.

Motion carried 3-0.

 

 

The meeting ended at 3:20 p.m.

 

 

 

 

 

 

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

 

 

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