> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/13/07  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, August 13, 2007

 

land use hearing

(#106 & #107)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Planning Department.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Sean Wheeler and Chad Bahr,  Planning Department; Traci Downs, Matt Johnson and Rusty McDaniel, Engineering Department; Gary Buffington, Parks and Open Lands Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk. 

 

Chair Rennels 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 Rennels then explained that Item 1 was on consent and would not be discussed unless requested by the Board, staff or a member of the audience.

 

 

1.  COOPER/HERRERA MINOR SPECIAL REVIEW - #07-Z1653:  This is a request for approval of a Minor Special Review for a detached Accessory Living Area on a 15-acres lot, specifically, Lot #2 of the Ohana MLD. The subject property is located approximately eight (8) miles west of Horsetooth Reservoir off of Ohana Way which is off of County Roads 27.  A structure exists on the property described by the applicant as a cabin that they currently reside in. The plan is to build a new primary residence along with the detached accessory living area.

 

According to the project description submitted by the applicant, the accessory living area will not exceed the maximum of 800 interior square feet as allowed by Section 4.3.10.F.2(c) of the Larimer County Land Use Code with a proposed footprint of 800 square feet.

 

The applicant has had a septic system designed and engineered for the two structures. The septic system would consist of two (2) septic tanks and one (1) leach field.  The site is located in an area of rolling terrain, surrounded by natural landscapes and a mixture of rural residential and agricultural land uses.  The owner intends to use the topography of the site to create privacy for the main residence and accessory use, which would also provide sufficient area for off street parking.

 

The Development Services Team recommends approval of the Cooper/Herrera Minor Special Review subject to the following conditions:

1.   The site shall be developed consistent with the approved plan and with the information contained in the Cooper/Herrera Minor Special Review, except as modified by the conditions of approval or agreement of the county and applicant.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the county’s election to use one shall not preclude use of another.  In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.  The county may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   The Findings and Resolution shall be a servitude running with the property. Those owners of the property or any portion of the property, who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under (or after) applicants, shall comply with the terms and conditions of the Minor Special Review approval.

4.   All applicable fees, including permit fees and the Transportation Capital Expansion Fee, shall apply to this use at the time of building permit issuance for the Detached Accessory Living Area.

5.   The habitable space of the current structure shall not exceed 800 square feet, per Section 4.3.10.F.2 of the Larimer County Land Use Code and shall only be used for guests, friends, family members, etc. It shall not be used as permanent or temporary rental living quarters.

6.   The Detached Accessory Living Area shall comply with the latest official county adopted building code. This shall be enforced during the building permit process by the county Building Department.

7.   The owner shall sign a Disclosure Notice to advise potential lot buyers of the restrictions placed on the Detached Accessory Living Area at the time of building permit application.  The Accessory Living Area can not exceed 800 square feet in size and can not be rented, or marketed as a rental property.

8.   The owner is responsible for obtaining all required building permits for the proposed new single-family residence, the detached accessory living area and for obtaining the change of occupancy permit for the conversion of the cabin into the art studio. All of the previously listed permits and the construction that accompanies them shall be completed and ready for final inspection no later than August 13, 2010.

 

M O T I O N

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

Motion carried 3-0.

 

 

2.  FOX HOLLOW PLANNED LAND DIVISION/PLANNED DEVELOPMENT - #07-S2666:  This is a request for a Planned Development/Planned Land Division to subdivide a 9.28 acre parcel into two residential lots.  The request also includes an appeal to be allowed to use on-site septic systems as no public sewer service is available; following the process in Section  8.1.1.B.4 in the Land Use Code.

 

This request was scheduled as a consent item before the County Planning Commission on July 18, 2007.  County staff made a brief presentation on the project and noted the applicant was appealing the requirement to link to the public sewer system.  The Planning Commission voted in favor of the motion to rezone the site to a Planned Development.  The Planning Commission also supported the Development Services Team recommendation to approve the Planned Land Division along with the appeal to not connect to a public sanitary sewer line. 

 

The Planning Commission and the Development Services Team recommend that the Fox Hollow Planned Land Division/Planned Development be approved as follows and subject to the condition that the Planned Development rezoning does not become effective until the Planned Land Division Final Plat has been recorded:

 

A.   Principal uses:

 

Agricultural:

1.   Farm (R)

2.   Sod farm, nursery (R)

3.   Tree farm (R)

4.   Greenhouse (R)

5.   Garden supply center (S)

6.   Commercial poultry farm (S)

7.   Feed yard (S)

8.   Boarding stable (S)

9.   Pet animal facility (MS/S)

10.   Fur farm (S)

11.   Agricultural labor housing (S)

12.   Packing facility (R)

13.   Pet animal veterinary clinic/hospital (MS/S)

14.   Livestock veterinary clinic/hospital (MS/S)

 

Residential:

15.   Single-family dwelling (R)

16.   Group home for developmentally disabled (R)

17.   Group home for the aged (R)

18.   Group home (R)

19.   Storage buildings and garages (R)--See section 4.3 (use descriptions and conditions)

20.   Group home for the mentally ill (R)

 

Institutional:

21.   Cemetery (S)

22.   Hospital (S)

23.   School, public (L)

24.   School, nonpublic (R/S)--See section 4.3 (use descriptions and conditions)

25.   Church (R/S)--See section 4.3

26.   Child/elderly care center (S)

27.   Child/elderly care home (R)

28.   Community hall (R/S)

29.   Sheriff/fire station (L)

30.   State-licensed group home (S)

 

Recreational:

31.   Golf course (S)

32.   Country club (S)

33.   Riding academy (S)

34.   Public park, playground (L)

35.   Trail/trail head (L)

 

Accommodation:

36.   Seasonal camp (S)

 

Industrial:

37.   Mining (S)

38.   Oil and gas drilling and production (R)

 

Utilities:

39.   Utility substation (L)

40.   Water storage facility (L)

41.   Treatment plant (L)

42.   Commercial mobile radio service (R/S)--See section 16

43.   Radio and television transmitters (S)

 

B.   Lot, building and structure requirements:

 

1.   Minimum lot size:

 

a.   100,000 square feet (2.3 acres) if a well or septic system is used.

b.   21,780 square feet (0.5 acre) if both public water and sewer are used.

c.   Maximum density in a conservation development is calculated by dividing the total developable area by the required minimum lot size.

      Maximum density in a rural land plan is determined by subsection 5.8.6.A. Lots in a conservation development or rural land plan that use a well or an individual septic system must contain at least two acres (87,120 square feet). Lots in a conservation development or rural land plan connected to public water and either a public sewer or community sewer system are not required to meet minimum lot size requirements (except for the purpose of calculating density).

 

2.   Minimum setbacks:

 

a.   Front yard--Refer to section 8.17 (supplementary regulations for setbacks from highways and county roads). The setback from an interior subdivision street or established public or private road must be 25 feet from the property line or from the nearest edge of the road easement.

b.   Side yards--five feet.

c.   Rear yards--ten feet.

d.   Streams, creeks and rivers--100 feet from the centerline of the established watercourse.

 

3.   Maximum structure height--40 feet.

 

4.   No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.

 

The Planning Commission recommend to the Board of County Commissioners that the Fox Hollow Planned Land Division and appeal to Section 8.1.1.B.4 of the Larimer County Land Use Code that requires newly subdivided lots in a Growth Management Area to connect to the public sanitary sewer service, File #07-S2666, be approved subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Fox Hollow Planned Land Division/Planned Development, File #07-S2666, except as modified by the conditions of approval or agreement of the county and applicant.  The applicant shall be subject to all verbal or written representations and commitments of record for the Fox Hollow Planned Land Division/Planned Development.

2.   The following fees shall be collected at building permit issuance for new single-family dwellings:  Poudre School District fee, Larimer County fees for County and Regional Transportation Capital Expansion, and the Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply.

3.   The applicant shall sign a Final Development Agreement for approval by the county as a part of the Final Plat, and to be recorded with the Final Plat.  This agreement shall provide notice to all future 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, the need for engineered footings and foundations, the need for passive radon mitigation, the provision of fire protection measures and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

4.   The applicant shall sign a Disclosure Notice for approval by the county as a part of the Final Plat, and to be recorded with the Final Plat, that provides important information to potential buyers about conditions of approval, rural area issues, water rights, etc.

5.   The new residential use shall include a residential fire sprinkler system that must be designed and installed to meet NFPA standards.

6.   Engineered footings and foundations are required for new habitable construction.

7.   Passive radon mitigation measures shall be included in construction of residential structures 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.

 

Mr. Lafferty outlined the proposal and explained the conditions of approval.  Chair Rennels had several questions for staff related to the potential on-site sewer systems.  Jane Alexander, applicant, said that she approves of the conditions of approval outlined by staff and the Planning Commission and feels that the project will maintain the current look of the community and neighborhood. 

 

At this time, Chair Rennels opened the hearing for public comment.  No one from the audience addressed the Board. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the rezoning of the site identified as Fox Hollow being located at 504 Richards Lake Road in Fort Collins from FA-Farming to Planned Development as recommended by the Planning Commission and the Development Services Team.

Motion carried 3-0.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Planned Land Division of the Fox Hollow Planned Development subject to Conditions 1 through 7 as recommended by the Planning Commission and the Development Services Team.

Motion carried 3-0.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the appeal to Section 8.1.1.B.4 of the Larimer County Land Use Code that requires newly subdivided lots in a Growth Management Area to connect to the public sanitary sewer service. 

Motion carried 3-0.

 

 

3.  BRAUCH SUBDIVISION - #06-S2596:  This is a request for a Preliminary Plat review of a request to subdivide 13.8 acres into 5 lots ranging in size from 2.44 acres to 4.5 acres. 

The Planning Commission recommended to the Board of County Commissioners that the Brauch Subdivision, File #06-S2596, be approved as follows:

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Brauch Subdivision, File #06-S2596, 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 Brauch Subdivision.

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

3.   Fire Requirements – All residential structures shall be equipped with residential fire sprinklers; hydrants are not available for this development.

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than three feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

5.   Passive radon mitigation measures shall be included in construction of residential structures 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.

6.   The Final Plat application must meet the satisfaction of the Engineering Department and the remaining concerns as identified in the memo from Mathew Johnson, dated March 5, 2007.  Specifically, items 2, 5 & 6 under Transportation and items 1-6 under drainage.  Unless satisfactorily addressed prior to the Larimer County Planning Commission hearing.

7.   The Final Plat shall include building envelops for the construction of all structures. 

 

Mr. Lafferty explained the proposed subdivision and said that staff and the applicant are in agreement with the conditions of approval.  He said that at the Planning Commission hearing, there were neighbors who had several concerns about the project and staff wanted to give them an opportunity to ask questions. 

 

Don Brookshire, applicant, said that he agrees with the conditions of approval as outlined by staff.  At this time, Chair Rennels opened the hearing for public comment.  No one from the audience addressed the Board.   

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Brauch Subdivision Preliminary Plat as recommended by the Larimer County Planning Commission and Development Services Team.

Motion carried 3-0.

 

 

4.  CARTER LAKE MARINA APPEAL - #07-G0141:  This is a request for an appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code to allow the parking lot at the Carter Lake Marina to be reconstructed without paving the parking lot surface.  The subject request is being made by the Larimer County Parks and Open Lands Department as the result of a reconfiguration of the Carter Lake Marina.  In an effort to make the marina and boat dock area more functional and safe, the Parks and Open Lands Department will be removing the existing facilities and buildings and then reconstructing them in a more accessible and organized manner for the typical recreational user of the area. 

 

As part of this reconstruction, the Parks and Open Lands Department has been working with the Development Services Team to determine the requirements of the Land Use Code and how they apply to this reconstruction.  During these conversations it was determined that Section 8.6.3.C.1 of the Land Use Code would require paving of the entire parking area, as the parking lot is accessible from a paved road and serves customers utilizing the lake for recreational purposes. 

 

After discussion of this issue with Engineering and Health Department staff, it was determined that an appeal to the standard would be appropriate for the reasons outlined in the applicant materials, which include utilization of compacted road base to minimize dust, low turn over in the parking area based upon the activity type, better stormwater management and quality by limiting impervious surfaces, and maintaining the rural recreational character of the area.

 

The Development Services Team recommends that the Board of County Commissioners approve the Carter Lake Marina Appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code and waive the paved parking area.

 

Mr. Lafferty said that the access point to Carter Lake will be moved 1000 feet.  He explained that the applicants would like to keep the area covered with gravel to allow for better filtration so harmful chemicals from vehicles and boats do not enter the water. 

 

Mr. Eubanks asked what the long term maintenance costs would be for a gravel surface as opposed to one that is paved.  Mr. McDaniel said that there is no evidence of increased costs for maintaining gravel parking areas.  Mr. Buffington emphasized the importance of the project and said that it would greatly improve the entrance to the lake. 

 

At this time, Chair Rennels opened the hearing for public comment.  No one from the audience addressed the Board.  Commissioner Gibson said that these improvements were long overdue and he supports the project. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Carter Lake Marina Appeal to Section 8.6.3.C.1 of the Larimer County Land Use Code to not be required to pave the reconstructed boat trailer parking area as recommended by the Development Services Team.

Motion carried 3-0.

 

 

5.  PSYCHIC VISIONS SIGN APPEAL - #07-G0139:  This is a request for an appeal to Section 10.4.j and Section 4.3.10.B.1.f of the Larimer County Land Use Code to allow a home occupation to have 32 square feet of sign face rather than the 3 square feet allowed.

 

The subject property is situated on the southwest corner of Highway 34 and Walnut Avenue, on the west side of Loveland.  The property is occupied by a residence, which also serves as a home occupation for psychic readings.  While access to the property is from Walnut Avenue, the residence and lot are oriented toward Highway 34, with the house setback as far from Highway 34 at the southernmost side of the lot.  The applicant is proposing to be allowed to have a sign of 32 square feet along Highway 34 because of the limited visibility of the residence from the passing traffic.

 

At the Planning Commission hearing the applicant provided testimony explaining his need for additional sign allowance, stating that passing traffic generates business for him and provides visual identity of the business location.  Residents of the area commented that the proposed sign would change the visual character of the neighborhood, which they believe will increase traffic through the neighborhood.  After visiting the property, taking testimony from the Development Services Team, the applicant, and the public, the Planning Commission made a recommendation of denial.  However, during their deliberation several of the Planning Commissioners stated that some sign allowance beyond the currently allowed three square feet, but less than 32 square feet, may be appropriate; no recommendation was provided.

 

The Planning Commission and the Development Services Team recommend to the Board of County Commissioners that the Psychic Visions Sign Appeal be denied.

 

Mr. Lafferty said that the applicant would like additional sign square footage which, if approved, would change the integrity of the current Land Use Code.  He said that it is staff’s recommendation to uphold the current code standards and deny the request. 

 

Adam Marks, applicant, explained that he has continued to be a good neighbor to the area and is willing to compromise with surrounding property owners while allowing his business to have visible signage along Highway 34.  Mr. Marks said that there are other businesses in the surrounding area with signs larger than the one he proposes.  He asked that the Board approve his sign appeal and allow him to use a previously approved sign from when his business was located within the Loveland city limits.  Mr. Marks assured the Board that since the Planning Commission hearing, he has added timers to his sign lighting to ensure they do not illuminate the sign throughout the night.    

 

At this time Chair Rennels opened the hearing for public comment.  Ross Kroboth, neighbor, said that Mr. Marks’ large sign changes the character of the residential neighborhood.  He expressed concerns related to light signage at night, increased traffic, and child safety.  Keith Short, neighbor, said that he believes the sign does increase traffic and asked the Board to uphold the current Land Use Code standards.  Jean Gerlach, neighbor, said that the business sign commercializes the lot that is currently zoned as residential property, she also thinks the sign changes the character of the neighborhood.  Lindsay Kroboth said that she sees more unknown people along her street and increased traffic in the area in which she plays. 

 

John Tesar, Jeff Clinton and Tara Martin, said that Mr. Marks has made vast improvements to the property since he moved in.  They all agreed that the area looks much more attractive thanks to Mr. Marks’ dedication to cleaning up the property.  Mr. Tesar said that he cannot see the sign from his property and is sure that the business does not draw more than one to two cars daily.  Ms. Martin, said that since the property is located directly off of Highway 34, Mr. Marks should be allowed to keep his sign.  Several clients of Mr. Marks said that they only found his services because of his on premise signage.  Chair Rennels closed public comment. 

 

Mr. Marks said that his livelihood is at stake and he relies on the advertising provided by the current sign to make a living.  He said that many clients find his services from the sign.  Mr. Marks assured the Board that his business sees only five to six vehicle trips per week. 

 

Commissioner Eubanks questioned whether Mr. Marks would have an unfair advertising advantage compared to other business signs in the area.  He said that he would be in support of upholding the recommendation of staff.  Commissioner Gibson also said that he thinks it is important to uphold the current Land Use Code standards.  Chair Rennels expressed her appreciation with the clean up efforts of Mr. Marks, she said that she believes the business will continue to thrive even if the business sign square footage is set at the current Land Use Code standard. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners deny the Psychic Visions Sign Appeal as recommended by the Planning Commission and the Development Services Team.

Motion carried 3-0.

 

 

The meeting adjourned at 4:30 p.m.

 

 

 

TUESDAY, AUGUST 14, 2007

 

 

ADMINISTRATIVE MATTERS

(#108)

 

The Board of County Commissioners met at 2:00 p.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Andy Paratore, Information Technology Department; Wynette Reed and Pam Stultz, Human Resourced Department; Chad Bahr and Matt Lafferty, Planning Department; Scott Doyle, Larimer County Clerk and Recorder; Jan Kuhnen, Election Department; George Hass, County Attorney; and Kristen Romary Deputy Clerk.

 

 

1.  APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 6, 2007:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of August 6, 2007.

Motion carried 3-0.

 

2.  REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 20, 2007Ms. Hart reviewed the upcoming schedule with the Board.

 

3.  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 August 14, 2007:

 

08142007R001           FINDINGS AND RESOLUTION APPROVING THE WILD GLADE MINOR LAND DIVISION AND APPEAL TO SECTION 4.1.2.B.1.a OF THE LAND USE CODE

 

08142007R002           FINDINGS AND RESOLUTION APPROVING THE MILLER/VAN VELSON PRELIMINARY RURAL LAND PLAN

 

08142007R003           FINDINGS AND RESOLUTION APPROVING THE AMENDMENT TO BUCKHORN RANCH RLUP AND AMENDED PLAT OF RESIDUAL LOT A IN BUCKHORN RANCH RLUP

 

08142007R004           FINDINGS AND RESOLUTION DENYING THE LEE SPECIAL EXCEPTION

 

08142007R005           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY MOUNTAIN RANGE SHADOWS PUBLIC IMPROVEMENT DISTRICT NO. 34

 

08142007R006           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY PARAGON ESTATES PUBLIC IMPROVEMENT DISTRICT NO. 40

 

08142007R007           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY PRAIRIE TRAILS PUBLIC IMPROVEMENT DISTRICT NO. 33

 

MISCELLANEOUS:  Workforce Investment Act (WIA) PY06 Closeout Package.

 

Motion carried 3-0.

 

 

4.  LARIMER COUNTY FIRE AGENCY INTERGOVERNMENTAL AGREEMENT WITH ESTES PARKMr. Lancaster asked that this item be pulled from the agenda.

 

5.  BOARDS AND COMMISSIONS APPOINTMENTS AND REAPPOINTMENTS:  Chair Rennels outlined appointments to the Extension Advisory Committee as follows:  Dixie Jane Dick, and Robert Ryan reappointed to a 3-year term beginning July 1, 2007, and ending June 30, 2010.  Trina Anastasia, Valerie Clark, and Jessie Hendrickson appointed to a 3-year term beginning July 1, 2007, and ending June 30, 2007.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the appointments to the Extension Advisory Committee as outlined above.

Motion carried 3-0.

 

6.  COMCAST AND US CABLE FRANCHISE AGREEMENTS:  Tom Duchen, River Oaks Communication, said that the county and local cable franchise venders have been working together to renew existing cable franchise agreements that are about to expire.  He outlined the basic services that will be provided to county citizens and said that the agreement will benefit both companies and the county.  Dave Kavanagh, state manager of US Cable, also discussed the agreement between Larimer County and the cable franchises. 

 

Mr. Paratore said that these agreements will indeed benefit both the county and its providers.  Commissioner Gibson had several questions regarding TV and internet connections, and Mr. Kavanagh said that the providers have two way capabilities.  Commissioner Gibson also said that he has received concerns from citizens regarding the lack of local channel access.  Mr. Duchen said that local channels will be provided.  Some discussion among the Board ensued.  For the record, Chair Rennels opened the meeting for public comment.  No one from the audience addressed the Board.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the proposed franchise cable agreements for both Comcast and US Cable.

Motion carried 3-0.

 

08142007A001           CABLE TELEVISION AGREEMENT BY AND BETWEEN LARIMER COUNTY AND COMCAST OF CALIFORNIA/COLORADO, LLC, COMCAST OF COLORADO I, LLC AND COMCAST OF COLORADO III, LLC

 

08142007A002           CABLE TELEVISION AGREEMENT BY AND BETWEEN LARIMER COUNTY AND US CABLE OF COSTAL-LEXAS, LP

 

 

7.  REQUEST FOR ALLOCATION OF MONEY TO THE COUNTY HEALTH INSURANCE FUND:  Ms. Reed said that the county self-insured health fund has continued to be hit by an unanticipated number of large claims.  She said that prior to 2006 the county’s claim history showed that there was an average of three to five large claims per year that exceeded $50,000.  During 2006, there were 26 large claims, which could not have been predicted and was seen as an anomaly.  As of June 30, 2007, the county has had 13 claims exceeding $50,000 which is now on track to exceed the previous high claims last year.  Ms. Reed said staff proposes that the Board approve $1.5 million additional allocation to the health insurance fund.  This money will come from all county funds, commensurate with their employee base to cover the anticipated shortfall.

 

Mr. Lancaster said that the county has no choice at this point, and recommends approval of the requested allocation of funds.  He said that staff is dedicated to redesigning a plan for next year that will be much more sustainable.  Discussion among the Board ensued. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve an additional allocation of $1.5 million to the self insurance health fund.

Motion carried 3-0.

 

8.  APPLICATION FOR FEE REDUCTION OR WAIVER FOR A SKETCH PLAN SPECIAL REVIEW REQUEST:  Mr. Lafferty said that Mr. Shane Beckers is requesting an entire waiver of the application fee for a sketch plan special review application for a horse boarding facility that if approved, would be located at 1012 N. Taft Hill Road.  He recently went through a special review process to establish an accessory living area on the same property.  The total fees and related expenses created by the latter process cost him $10,846.  The reason for this request is because he has been ordered to active duty for the US Army, and he and his wife need a place for a person to live to take care of the existing horses while he is away. 

 

Mr. Bahr said that this may be a precedent setting issue, but would provide some relief to the Becker family.  Discussion among the Board ensued.  Chair Rennels said that she would be in favor of paying for a portion of the special review fees to be taken from the Commissioner’s special projects fund as opposed to waiving the fees altogether, which would be precedent setting.  Commissioner Eubanks said that there is the potential that Mr. Beckers will return soon from active duty, and he is not comfortable with setting a precedent. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the request to reduce the sketch plan special review application fee for Mr. Shane Beckers from $800 to $400, with money being taken from the special projects fund.

Motion carried 3-0.

 

9.  COUNTY MANAGER WORKSESSION:  Mr. Doyle explained that he wanted to discuss the statewide voter registration system with the Board and is seeking input from the Board regarding pending federal legislation.  He explained that Larimer County has been a pilot county to test the new voter registration system for the state.  Mr. Doyle said that the current system is behind in development and has many technical issues that still need to be resolved.  For these reasons Larimer County is not willing to use the system at this time.  The current issue is that the state may deploy the system, forcing counties to use this system next year.  If this is the case, there may be a need to use a dual system format for the 2008 election which would be extremely expensive to maintain.  Mr. Doyle is asking for direction from the Board regarding the potential to lobby for postponement of the system.

 

Chair Rennels said that it would be appropriate for the commissioners and county clerk’s to lobby together and be proactive about the situation.  Discussion among the Board ensued.    

 

Ms. Kuhnen explained the issues that were prevalent during user training and said that there would be no time for a mock election if the statewide voter registration system is deployed this year.  She said that larger counties are the ones struggling with the new system, and if a dual system is required it will be very difficult to manage.  Mr. Doyle said that he will be coming back to the Board to discuss potential cost and direction in the near future. 

 

 

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

 

11.  LEGAL MATTERS:  Executive Session – Tape #109

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session for the purpose of purchase acquisition, lease, transfer, or sale of any real or personal property interest. 

Motion carried 3-0.

 

 

12.  EXECUTIVE SESSION:  Tape #110

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for personnel matters; except the affected employee(s) may request an open meeting.

Motion carried 3-0.

 

 

The Executive Sessions ended at 4:35 p.m. with no further action taken. 

 

 

THURSDAY, AUGUST 16, 2007

 

 

pUBLIC HEARING FOR lARIMER cOUNTY

CENTRO BUSINESS PARK pUBLIC improvement DISTRICT (PID) #38

(#111)

 

The Board of County Commissioners met at 3:00 p.m. with Rex Burns, Engineering Department.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were:  Linda Sanders, Mark Peterson, Rusty McDaniel, and Joe Temple, Engineering Department; and Gael Cookman, Deputy Clerk. 

 

Mr. Burns explained the Centro Business Park at the northwest corner of I-25 and Highway 14.  He noted that the property owners in this subdivision contacted Larimer County staff regarding ways they might generate funds to pay for road improvements.  Mr. Burns stated that this is a business and industrial subdivision and there are no residential homes in this district.  He noted that there are currently 81 real property parcels and 18 personal property parcels, and that 55% of the qualified electors signed the petition in support of creating this PID.  Mr. Burns further noted that the proposal is for the district to borrow money for the road construction, with a 12-year loan debt of $940,000.  The project costs are estimated to be $790,000, and the bond costs are estimated at $146,320, with $85,120 for debt service reserve.  The mill levy needed to assume this debt is estimated at 16.891. 

 

Ms. Sanders noted that the bond attorney and underwriter estimate an interest rate of approximately 5.5% or 6% for the sale of the bonds; however, the resolution before the Board this evening reflects a net effective interest rate not to exceed 10%.  She explained that this will allow a "buffer" of sorts, so if the interest rate comes in a 6.25%, then they won't have to hold another election to approve the difference.

 

Chair Rennels opened the hearing up for public comment and the following individuals addressed the Board:  Kurt Strawser, Dan Eckels, Todd Niermeyer, Joe Larsen, Greg Pacha, James Smith, Dean Smith, Scott Romano, and Tom Nesbitt.   All agreed that the roads desperately needed improvement to the point of being re-constructed, and all agreed that there is a huge problem with the drainage in the business park, as it is located in a flood plain.  Some questioned whether or not the money generated by the PID would be enough to fix the issues.

 

Mr. McDaniel explained that they estimate the funds outlined above will be sufficient to fix the roads, but not all the drainage issues; however, $150,000 will be earmarked specifically for drainage pertaining to construction of the roads. Mr. McDaniel agreed that the roads are in terrible condition, as they were constructed 36 years ago. 

 

The Board unanimously supported the idea of creating a Public Improvement District for the Centro Business Park. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution approving the petition ordering an election to create the Larimer County Centro Business Park Public Improvement District No. 38. 

Motion carried 3-0.

 

08162007R001  RESOLUTION APPROVING PETITION FOR AND ORDERING AN ELECTION TO CREATE THE LARIMER COUNTY CENTRO BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT NO. 38; AND PROVIDING OTHER DETAILS RELATING THERETO.

 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Resolution calling an election in Larimer County regarding the organization of the Larimer County Centro Business Park  Public Improvement District No. 38. 

Motion carried 3-0.

 

08162007R002  RESOLUTION CALLING AN ELECTION IN LARIMER COUNTY REGARDING THE ORGANIZATION OF THE LARIMER COUNTY CENTRO BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT NO. 38; AND PROVIDING OTHER DETAILS RELATING THERETO.

 

 

The meeting ended at 4:10 p.m.

 

__________________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 _________________________________

Gael M. Cookman, Deputy Clerk